AGENDA #2
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Public Hearing: Chapel Hill Code of Ordinances and Chapel Hill Development Ordinance – Text Amendments for Signs Posted on Utility Poles
DATE: October 16, 2002
OVERVIEW
This Public Hearing has been scheduled for the Town Council to consider regulations that would allow signs to be posted on utility poles, as requested in the attached petition. These regulations would include modification to provisions of the Chapel Hill Development Ordinance, as well as the Chapel Hill Code of Ordinances. Our preliminary recommendation is that the Council approve Resolution A, which would maintain the Town’s existing regulations and make no changes. Several options are offered.
On April 8, 2002, a citizen petitioned the Council and asked that the Council consider repealing the Town’s regulations which prohibit the posting of signs on utility poles. The citizen suggested that the poles should be able to be used for advertising and for notices to the community of upcoming events. The citizen submitted written petitions on May 14, 2002, supporting revision or repeal of the regulations.
The written petition requests “that the Chapel Hill Town Council revise or repeal Chapel Hill Ordinance Section 16-3 to allow the posting of signs or notices for advertising purposes on utility poles, in order to encourage free speech and grassroots marketing by local citizens and businesses.” Section 16-3 of the Town Code currently prohibits the posting of signs on utility poles on Town streets and sidewalks.
On June 24, 2002, the Council received a report on this petition from the Town Manager and the Town Attorney (please see attached memo dated June 24, 2002). The report discussed the legal basis for the Town’s regulations, and noted that provisions of both the Town Code and Development Ordinance regulate such signs. The report provided several options for the Council’s consideration. In response to this report, the Council directed the Manager to prepare a memorandum (see attached memo dated August 26, 2002) that would call a Public Hearing to consider changes that would “allow the posting of signs on utility poles, subject to removal by Town staff on a routine basis.”
On August 26, 2002, the Council adopted a resolution calling a Public Hearing for Wednesday, October 16, 2002, to consider regulations that would allow signs to be posted on utility poles.
BACKGROUND
Legal Issues
We note that the Town Attorney has advised the Council that the Town’s regulations that presently prohibit the posting of signs on utility poles are a legal and constitutional exercise of the Town’s general police power to regulate the streets and sidewalks, and do not violate the Petitioner’s right to free speech. Aesthetic values and other legitimate concerns related to public safety and littering are sufficient to support the Town’s current regulations. Please see the attached excerpt from McQuillin, Municipal Corporations, (West Publishing 1997), (attached memo dated June 24, 2002, page 7), in particular the text accompanying footnotes 7-9, citing Members of City Council of City of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789 (1984):
“The mere fact that government property can be used as a vehicle for communication such as the use of lampposts as signposts does not mean that the constitution requires such use to be permitted.” (McQuillin, p. 435, at footnote 8)
Policy Issues
Historically, the Town’s regulations prohibiting the posting of signage on utility poles have served to maintain the appearance of the Town as well as address other concerns related to public safety and littering. The Town has sought to provide kiosks in various downtown locations in an effort to provide more aesthetically-pleasing alternatives for “grassroots marketing.” In addition, we believe that the ability to display notices and fliers on bulletin boards inside private businesses (with the owners’ permission) and the opportunity to distribute handbills have helped to provide adequate avenues for “grassroots marketing.”
The Police Department’s practice regarding enforcement of the Town Code sections which prohibit the placement of signs or notices on utility poles or trees has been to request that the person found posting signs, stop doing so, and remove those signs which they have posted. Citations are normally issued only when voluntary compliance is not achieved.
Ownership of Utility Poles
The petitioner has proposed that Town regulations that prohibit the placement of signs on utility poles be repealed. We note that the utility poles being proposed for signage display purposes are not the property of the Town of Chapel Hill. The utility poles are owned by Duke Power, Bell South, and/or Time Warner Cable. Accordingly, these poles are private property and the utilities that own them have the right to control signs on their utility poles in conformance with our ordinances.
If the Town Council repeals the Town’s current regulations that prohibit the placement of signs on utility poles, it would no longer be illegal for citizens to place signs on utility poles. For example, in this event Duke Power Company could choose to permit citizens to place signs on its utility poles, could choose to display its own corporate signage, and/or could choose to rent/lease utility pole space to prospective advertisers. Whether or not the posting of signs is illegal, utility companies have the right to remove signs from their utility poles as frequently or infrequently as the company desires.
We note that Duke Power Company has submitted a letter for the record, requesting that signage not be permitted on utility poles (see Attachment 4). Duke Power cites pedestrian and employee safety, and degradation of the poles themselves, as key reasons for its request.
Downtown Kiosks
We note that in the mid-1980s, kiosks were installed in the downtown area for the purpose of providing aesthetically-appropriate locations for signs and fliers. After more than a decade of use, however, these kiosks were deteriorating. The Town has been working to replace the kiosks as part of Streetscape improvements. During the spring and summer of 2002, the Town reached a point where only two kiosks were available. We note that the attached petition was received during this period. Since the petition was received, two additional kiosks were installed in mid-September, providing a total of four kiosks in the downtown area. Two more kiosks are scheduled for installation in mid to late October, providing a total of six kiosks for use in the downtown area.
Each kiosk has eight sides (four double-sided panels). Each side includes approximately eight and one-half square feet of display area, providing a total of 68 square feet of display area per kiosk. The six kiosks are located as follows (listed from east to west):
q East Franklin Street at the end of Courthouse Alley (to be installed this fall).
q 137 East Franklin Street, between two planters at the mid-block curb extension,
q 134 East Franklin Street at Porthole Alley.
q North Columbia Street, near the bus stop at Parking Lot #2.
q Corner of West Franklin Street and Church Street, adjacent to Parking Lot #5 (to be installed this fall).
q West Franklin Street, at the Bus Stop next to the University Baptist Church parking lot.
DISCUSSION
The Council has directed that a Public Hearing be held on proposed ordinance changes that would allow the posting of signs on utility poles. We have identified five options that the Council could consider in response to the attached petition. These options are:
|
1. |
No changes to the Town’s current regulations. |
|
2. |
Eliminate the prohibition of signs on utility poles in the Town Center (TC) zoning districts (while providing for removal by Town staff on a routine basis). |
|
3. |
Eliminate the prohibition of signs on utility poles on a Town-wide basis (while providing for removal by Town staff on a routine basis). |
|
4. |
Maintain the prohibition on utility pole signage, but eliminate the penalty. |
|
5. |
Provide additional kiosks in the downtown area. |
All five of these options are discussed below.
Option # 1 – No Change to Current Town Regulations
The Council could choose to maintain the set of existing Town regulations on posting of signs and distribution of information.
We offer the following advantages and disadvantages associated with the Town maintaining its present prohibition on the placement of signs on utility poles:
Advantages:
q Promotes and enhances community appearance.
q Reduces sense of clutter and amount of trash in downtown area.
Disadvantages:
q Limits a possible venue for signage.
q Limits citizens and businesses to using available kiosks in order to legally display flyers, handbills and advertisements.
Adoption of Resolution A would maintain the Town’s existing regulations.
Option # 2 – Eliminate the prohibition regarding posting of signs on utility poles in the Town Center-1 (TC-1) and Town Center-2 (TC-2) zoning districts
The Council could consider enacting new regulations that would eliminate the prohibition regarding posting of signs on downtown utility poles. We note the following considerations that have emerged in discussions of this option. If Option # 2 is selected by the Council, we would recommend incorporating the following restrictions:
q Utility Poles Only: We believe that any new provisions should clearly indicate that placing signs or leaflets on supports for regulatory signs (speed limit, etc.) or on supports for informational signs (street names, etc.) would continue to be prohibited. Furthermore, we believe that any new provisions should indicate that placing signs or leaflets in a manner that obscures or draws attention away from regulatory or informational signs would be prohibited. Finally, we also believe that any new provisions should prohibit placement of signs or leaflets on trees or other plants.
q Impact on Public Safety: We believe that there should be provisions that would continue to prohibit the posting of signs or leaflets in any manner that compromises public safety.
q Size: We believe that there would be a need to specify the maximum size of signs or leaflets that may be posted on utility poles and that are exempt from regulation, and/or to further specify that signs posted on utility poles cannot protrude beyond the width of the pole. We would recommend that signs or leaflets be limited to a maximum size of 1.5 square feet. Given that the petitioners request is intended to promote “grassroots marketing by local businesses,” this size limitation would easily allow signs on up to 11 inch by 17 inch paper (1.3 square feet). We do not propose any limitations as to the number of signs that may be posted on a utility pole.
q Means of Attachment: We believe that it is necessary to prohibit certain methods of attaching signs to utility poles. In particular, we would recommend that glue and nails be prohibited as methods of attaching signs to utility poles (tape and staples would be permissible, however).
q Content of Signs: We believe that any change in the current prohibition on signs should not include different regulations on the basis of the content of the information/message of the signs being posted.
q Removal of Signs by Town Staff: We believe that any change in the current prohibition on signs should provide for the removal of said signage by Town staff on a regular basis, as work schedules and staffing permit. The objective of this provision would be, in part, to prevent the accumulation of signage on poles over time.
q Damaged and/or Loose Signs: We believe that it is important to include a provision that would allow immediate removal of signs that are damaged or loose, in order to avoid litter problems.
q Staffing and Cost Implications: Town staff resources are used presently to remove flyers and handbills from the downtown kiosks on a weekly basis. As part of this weekly endeavor, the staff also attempts to remove any illegal flyers and handbills that have been posted on utility poles in the downtown area. Town staff also seeks to remove illegal flyers and handbills on an ongoing daily basis, when they are spotted, as work schedules and staffing permit. We believe that if the prohibition on signs is eliminated (while still providing for removal by Town staff on a routine basis), that Town staff could continue to remove signs from kiosks and utility poles in the downtown area on a routine basis without requiring additional staff.
In order to implement Option # 2, we note that changes would be needed in both the Town’s Code of Ordinances and the Town’s Development Ordinance (not just the Town Code as indicated in the attached petition). Specifics about each document follow:
Chapel Hill Code of Ordinances
Section 16-3 of the Chapel Hill Code of Ordinances presently reads as follows:
“No signs or notices for advertising purposes shall be fastened or tacked to telephone, telegraph or electric light poles or trees on the streets or sidewalks.”
In order to permit signs on utility poles in the Town Center zoning districts, in accordance with the considerations noted above, Section 16-3 of the Chapel Hill Code of Ordinances could be revised to read as follows:
“Signs and notices may be placed on utility poles located in the public right-of-way in Town Center-1 (TC-1) and Town Center-2 (TC-2) zoning districts, provided that such signs and notices do not exceed 1.5 square feet in display area, and that they do not protrude beyond the width of the pole. Signs or notices may not be attached to utility poles with nails or glue; however, signs may be attached to utility poles with tape or staples.
Signs and notices, on utility poles in Town Center-1 (TC-1) and Town Center-2 (TC-2) zoning districts, are subject to removal on a routine basis by Town staff, normally not more often than once a week, provided that signs that are damaged, loose, or are in violation of the provisions of this section, may be removed immediately.
No signs or notices shall be fastened to supports for regulatory signs, on supports for informational signs, or on bus shelters. No sign or notice shall be posted in such a manner that it obscures or draws attention away from regulatory or street name signs, or compromises public safety.
No signs or notices shall be fastened to trees or other plants.”
Chapel Hill Development Ordinance
In order to permit signs on utility poles in accordance with the considerations noted above, the following changes would be necessary:
q
Revise Section 14.13.6 of the Development Ordinance to read as
follows (strikeout represents deleted text, and bold represents
new text):
“Except where
specifically exempted by this chapter, all signs, including the supports,
frames and embellishments thereto, shall not be located within any public
right-of-way, nor shall any sign be attached, affixed, or painted on any
utility pole, light standard, telephone or telegraph pole, any tree,
rock, or other natural object. Furthermore, no sign shall be attached to
the supports for regulatory signs, informational signs, or to bus shelters.”
q
Revise Section 14.13.4 of the Development Ordinance to include
the following additional exemption (strikeout represents deleted text,
and bold represents new text):
“Signs and notices may be placed on utility poles located on the streets and sidewalks in Town Center-1 (TC-1) and Town Center-2 (TC-2) zoning districts, subject to removal by the Town in accordance with Section 16.3 of the Town Code, provided that such signs and notices do not exceed 1.5 square feet in display area, and that they do not protrude beyond the width of the pole. Signs or notices may not be attached to utility poles with nails or glue; however, signs may be attached to utility poles with tape or staples.”
q
In order to permit signs on utility poles in areas of Town that
are located in Historic Districts, Section 6.3 of the Development Ordinance
would need to be revised as follows (strikeout represents deleted text,
and bold represents new text):
“No exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), or any aboveground utility structure, or any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within the Historic District until after an application for a Certificate of Appropriateness as to exterior architectural features has been approved, with the exception that signs may be attached or affixed to utility poles on the streets and sidewalks within any portion of a Historic District that is located within a Town Center-1 (TC-1) and Town Center-2 (TC-2) zoning district, without a Certificate of Appropriateness, subject to any other applicable provisions of this Chapter and the Town Code of Ordinances.
We offer the following advantages and disadvantages associated with removing the prohibition regarding the posting of signs on utility poles in the Town Center-1 (TC-1) and Town Center-2 (TC-2) zoning districts:
Advantages:
q Limits posting of flyers and handbills to downtown areas.
q Maintains existing aesthetics and community appearance in other areas of Town (outside of the downtown area), including entranceways.
q Provides additional signage opportunities for citizens, businesses and other “grassroots” organizations in the downtown area.
Disadvantages:
q Additional signage in downtown areas diminishes appearance of these areas.
q Increased cluttered appearance of downtown areas would result, along with increased possibility of litter along downtown streets and sidewalks.
Enactment of Ordinance A would implement Option # 2.
Option # 3 – Eliminate the prohibition regarding the posting of signs on utility poles on a Town-wide basis
The Council could also consider enacting new regulations that would allow the posting of signs on utility poles, throughout the Town. We believe that it still would be appropriate to design such regulations to address the considerations that were previously identified under Option # 2 (impact on public safety, size, means of attachment, and damaged/loose signs).
In order to implement Option # 3, we note again that changes would be needed in both the Town’s Code of Ordinances and the Town’s Development Ordinance. Specifics about each document follow:
Chapel Hill Code of Ordinances
Section 16-3 of the Chapel Hill Code of Ordinances presently reads as follows:
“No signs or notices for advertising purposes shall be fastened or tacked to telephone, telegraph or electric light poles or trees on the streets or sidewalks.”
In order to permit signs on utility poles in accordance with the considerations noted above, Section 16-3 of the Chapel Hill Code of Ordinances could be revised to read as follows:
“Signs and notices may be placed on utility poles located in the public right-of-way, provided that such signs and notices do not exceed 1.5 square feet in display area, and that they do not protrude beyond the width of the pole. Signs or notices may not be attached to utility poles with nails or glue; however, signs may be attached to utility poles with tape or staples.
Signs and notices on utility poles are subject to removal on a routine basis by Town staff, normally not more often than once a week, provided that signs that are damaged, loose, or are in violation of the provisions of this section, may be removed immediately.
No signs or notices shall be fastened to supports for regulatory signs, on supports for informational signs, or on bus shelters. No sign or notice shall be posted in such a manner that it obscures or draws attention away from regulatory or street name signs, or compromises public safety.
No signs or notices shall be fastened to trees or other plants.”
Chapel Hill Development Ordinance
In order to permit signs on utility poles in accordance with the considerations noted above, the following changes would be necessary:
q
Revise Section 14.13.6 of the Development Ordinance to read as
follows (strikeout represents deleted text, and bold represents
new text):
“Except where
specifically exempted by this chapter, all signs, including the supports, frames
and embellishments thereto, shall not be located within any public
right-of-way, nor shall any sign be attached, affixed, or painted on any
utility pole, light standard, telephone or telegraph pole, any tree,
rock, or other natural object. Furthermore, no sign shall be attached to
the supports for regulatory signs, informational signs, or to bus shelters.”
q
Revise Section 14.13.4 of the Development Ordinance to include
the following additional exemption (strikeout represents deleted text,
and bold represents new text):
“Signs and notices may be placed on utility poles located on the streets and sidewalks subject to removal by the Town in accordance with Section 16.3 of the Town Code, provided that such signs and notices do not exceed 1.5 square feet in display area, and that they do not protrude beyond the width of the pole. Signs or notices may not be attached to utility poles with nails or glue; however, signs may be attached to utility poles with tape or staples.”
q
In order to permit signs on utility poles in areas of Town that
are located in Historic Districts, Section 6.3 of the Development Ordinance
would need to be revised as follows (strikeout represents deleted text,
and bold represents new text):
“No exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), or any aboveground utility structure, or any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within the Historic District until after an application for a Certificate of Appropriateness as to exterior architectural features has been approved, with the exception that signs may be attached or affixed to utility poles on the streets and sidewalks within the Historic District, without a Certificate of Appropriateness, subject to any other applicable provisions of this Chapter and the Town Code of Ordinances.
We offer the following advantages and disadvantages associated with removing the prohibition regarding the posting of signs on utility poles on a Town-wide basis:
Advantages:
q Provides additional signage opportunities for citizens, businesses and other “grassroots” organizations town-wide.
Disadvantages:
q Additional signage diminishes overall community appearance.
q Increased cluttered appearance of downtown areas, along with increased possibility of litter along downtown streets and sidewalks.
q Depending on prevalence of flyers and handbills on utility poles outside of the downtown area, staffing implications may develop over time.
Enactment of Ordinance B would implement Option # 3.
Option # 4 – Maintain the Prohibition on Signs, but Eliminate the Penalty
The Council could choose to modify Section 16.3 of the Chapel Hill Town Code to provide that the posting of signs on utility poles is not allowed and that any signs posted are subject to immediate removal by Town staff, but that no person could be cited for a violation of this Ordinance.
In order to make this change, a new paragraph to Town Code Section 16-3 could be added to read as follows: “Signs posted in violation of this section are subject to immediate removal by Town staff but no person posting or otherwise responsible for the placement of such signs shall be subject to being cited for a violation of this section of the Town Code.”
We offer the following advantages and disadvantages associated with the Town maintaining its present prohibition on the placement of signs on utility poles, but eliminating the penalty:
Advantages:
q Permits citizens, businesses and “grassroots” organizations to post signs on utility poles without worry of being given a citation.
Disadvantages:
q Creates a law without a penalty for violators.
q Increases the amount of illegal signage being posted Town-wide.
Enactment of Ordinance C would implement Option # 4.
Option # 5 – Install Additional Kiosks in Downtown Area
The Council could also choose to install additional kiosks in the downtown area. As previously note, the Town presently has (or soon will have) six kiosks installed downtown.
We offer the following advantages and disadvantages associated with the Town adding additional kiosks in the downtown area:
Advantages:
q Provides additional locations for citizens, businesses and “grassroots” organizations to post fliers, signs and handbills in the downtown area.
q Provides additional signage opportunities in the downtown area in a manner that helps to maintain the overall appearance of the downtown area.
Disadvantages:
q Additional cost for Town to purchase and install additional kiosks.
If the Council wishes to pursue Option # 5, we recommend adoption of Resolution B which would instruct the Manager to prepare a report on installation of additional kiosks in the downtown area.
ANALYSIS OF THE PROPOSAL
Article 20 of the Development Ordinance establishes the intent of amendments to the Ordinance by stating that, “In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it is intended that this chapter shall not be amended except:
a) to correct a manifest error in the chapter; or
b) because of changed or changing conditions in a particular area or in the jurisdiction generally; or
c) to achieve the purposes of the Comprehensive Plan.
Article 20.1 further indicates:
It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the Comprehensive Plan.
We have organized our analysis of this proposal around these requirements of the Development Ordinance. Our analysis is as follows:
A) New regulations are necessary to correct a manifest error.
Staff Comment: No arguments have been made to date that a manifest error exists in current regulations.
B) New regulations are necessary because of changed or changing conditions in a particular area or in the jurisdiction generally.
Staff Comment: No arguments have been made to date in support of changed or changing conditions in this particular area.
C) New regulations are necessary to achieve the purposes of the Comprehensive Plan.
Staff Comment: We believe that arguments can be summarized as follows:
Arguments in Support: Arguments in support of this finding are offered in the applicant’s petition
Ř “this ordinance stifles free speech, discourages grassroots marketing by local businesses, wastes taxpayer money by treating messages posted by citizens as undesirable enough to be torn down and destroyed as quickly as they crop up, and leaves our town aesthetically worse off by relentlessly maintaining a landscape filled with cold, barren telephone poles littered with jagged, torn scraps of paper, when they could just as easily be covered with colorful, diverse posters representing the free exchange of ideas so central to what Chapel Hill is all about.”
Please see attached petition for additional information in support of new regulations.
Arguments in Opposition: We believe that the following goals from the Town’s May 2000 Comprehensive Plan argue against repealing the sign prohibition:
Ř Downtown Small Area Plan (p. 10) – “Keep and enhance the existing building appearances, historic charm, human scale and intimacy of downtown.”
Ř Comprehensive Plan (p. 9) – “An essential attribute of Chapel Hill is its special community character and sense of place. As defined by residents, Chapel Hill’s distinctive character encompasses both physical and social aspects of the community. Highly valued elements include:
· The scale and ambience of the downtown and its role as the center of the community.
· Attractive and diverse neighborhoods surrounding the downtown and elsewhere in the community.”
Ř Comprehensive Plan (p. 11) – “Implement and fund policies and programs to protect the Town’s beautiful natural setting, distinctive buildings, and that capture these historic, unique features in future development.”
NEXT STEPS
Following tonight’s Public Hearing, we will prepare a summary of key issues, and bring this item back to the Council for further consideration on November 11, 2002.
RECOMMENDATION
Recommendations are summarized below.
Planning Board Recommendation: The Planning Board reviewed this issue on October 8, 2002, and voted 6-3 to recommend that the Council approve Option # 3, which would remove the prohibition regarding the posting of signs on utility poles on a Town-wide basis. The Board also recommended that if the Council chooses to enact this change, that the Council should “clearly communicate via appropriate media that this does not mean that persons have the right to put signs on utility poles as they are private property.”
A Summary of Planning Board Action is attached for the Council’s reference. Enactment of Ordinance B would implement the Planning Board’s recommendation.
Historic District Commission Recommendation: The Historic District Commission reviewed this issue on October 10, 2002, and voted 6-0 to recommend that the Council approve Option #1, and make no changes to the current Town regulations. A Summary of Historic District Commission Action is attached for the Council’s reference. Adoption of Resolution A would implement the Historic District Commission’s recommendation.
Community Design Commission Recommendation: The Community Design Commission will review this application on October 23, 2002. We will provide a Summary of Action to the Council as soon as it is available.
Manager’s Preliminary Recommendation: We believe that this issue mainly concerns community appearance. We believe that the present regulations, combined with the availability of kiosks in the downtown area, provide an appropriate balance between the interests of community aesthetics and dissemination of information. We do not believe that the proposed change to the Town’s regulations is justified by any of the three possible reasons listed in Article 20 of the Town’s Development Ordinance. Accordingly, we recommend that the Council approve Resolution A (Option # 1), and make no changes to the Town’s existing regulations.
Enactment of Ordinance A (Option # 2) would eliminate the prohibition of signs on utility poles in the Town Center (TC) zoning districts, while providing for removal by the Town staff on a routine basis.
Enactment of Ordinance B (Option # 3) would eliminate the prohibition of signs on utility poles on a Town-wide basis, while providing for removal by the Town staff on a routine basis.
Enactment of Ordinance C (Option # 4) would maintain the prohibition of signs on utility poles, but would eliminate the penalty.
Adoption of Resolution B (Option # 5) would direct the Town Manager to prepare a report providing for the placement of additional kiosk in the downtown area.
ATTACHMENTS
1. Planning Board - Summary of Action, October 8, 2002 (p. 22).
2. Historic District Commission - Summary of Action, October 10, 2002 (p. 23).
3. Petition (p. 24).
4. Letter from Duke Power Company, May 21, 2002 (p. 25).
5. Council Memorandum, August 26, 2002 (p. 26).
RESOLUTION A
(Option # 1 - Manager’s Preliminary Recommendation)
A RESOLUTION DIRECTING THAT NO CHANGE BE MADE TO THE TOWN CODE OR THE DEVELOPMENT ORDINANCE REGARDING SIGNS POSTED ON UTILITY POLES
WHEREAS, the Town Council has received a petition, requesting that the Council revise or repeal regulations to allow the posting of signs or notices for advertising purposes on utility poles; and
WHEREAS, the Town Council called a Public Hearing to consider changes to the Town Code and/or the Development Ordinance regarding signs posted on utility poles; and
WHEREAS, the Town Council reviewed the existing regulations regarding signage on utility poles and also received recommendations from the Town Manager, Planning Board, Historic District Commission and the Community Design Commission regarding changes that would allow signs to be posted on utility poles and finds that there is no compelling reason to change the existing regulations;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that upon consideration of the written materials and other information and testimony offered at the Public Hearing, no changes are to be made to the existing regulations.
This the ___ day of _____, 2002.
ORDINANCE A
(Option # 2)
AN ORDINANCE AMENDING TOWN REGULATIONS TO ELIMINATE THE PROHIBITION OF SIGNS ON UTILITY POLES IN THE TOWN CENTER-1 (TC-1) AND TOWN CENTER-2 (TC-2) ZONING DISTRICTS, WHILE PROVIDING FOR REMOVAL BY TOWN STAFF ON A ROUTINE BASIS
WHEREAS, the Council of the Town of Chapel Hill has considered proposed changes to Town regulations to eliminate the prohibition of signs on utility poles in the Town Center-1 (TC-1) and Town Center-2 (TC-2) zoning districts, while providing for removal by Town staff on a routine basis, and finds that the proposed changes to Town regulations are appropriate to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
“No signs or
notices for advertising purposes shall be fastened or tacked to telephone,
telegraph or electric light poles or trees on the streets or sidewalks.
Signs and notices may be placed on utility poles located in the public right-of-way in Town Center-1 (TC-1) and Town Center-2 (TC-2) zoning districts, provided that such signs and notices do not exceed 1.5 square feet in display area, and that they do not protrude beyond the width of the pole. Signs or notices may not be attached to utility poles with nails or glue; however, signs may be attached to utility poles with tape or staples.
Signs and notices, on utility poles in Town Center-1 (TC-1) and Town Center-2 (TC-2) zoning districts, are subject to removal on a routine basis by Town staff, normally not more often than once a week, provided that signs that are damaged, loose, or are in violation of the provisions of this section, may be removed immediately.
No signs or notices shall be fastened to supports for regulatory signs, on supports for informational signs, or on bus shelters. No sign or notice shall be posted in such a manner that it obscures or draws attention away from regulatory or street name signs, or compromises public safety.
No signs or notices shall be fastened to trees or other plants.”
Section 2. The first paragraph of Section 6.3 of the Chapel Hill Development Ordinance is hereby revised to read as follows:
“No exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), or any aboveground utility structure, or any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within the Historic District until after an application for a Certificate of Appropriateness as to exterior architectural features has been approved, with the exception that signs may be attached or affixed to utility poles on the streets and sidewalks within any portion of a Historic District that is located within a Town Center-1 (TC-1) and Town Center-2 (TC-2) zoning district, without a Certificate of Appropriateness, subject to any other applicable provisions of this Chapter and the Town Code of Ordinances.”
Section 3. Section 14.13.4 of the Chapel Hill Development Ordinance is hereby revised to include the following additional exemption:
“o) Signs and notices may be placed on utility poles located on the streets and sidewalks in Town Center-1 (TC-1) and Town Center-2 (TC-2) zoning districts, subject to removal by the Town in accordance with Section 16.3 of the Town Code, provided that such signs and notices do not exceed 1.5 square feet in display area, and that they do not protrude beyond the width of the pole. Signs or notices may not be attached to utility poles with nails or glue; however, signs may be attached to utility poles with tape or staples.”
Section 4. The second paragraph of Section 14.13.6 of the Chapel Hill Development Ordinance is hereby revised to read as follows:
“Except where
specifically exempted by this chapter, all signs, including the supports,
frames and embellishments thereto, shall not be located within any public
right-of-way, nor shall any sign be attached, affixed, or painted on any
utility pole, light standard, telephone or telegraph pole, any tree,
rock, or other natural object. Furthermore, no sign shall be attached to
the supports for regulatory signs, informational signs, or to bus shelters.”
Section 5. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 6. That these changes shall become effective upon adoption.
This the ___ day of _____, 2002.
ORDINANCE B
(Option # 3)
AN ORDINANCE AMENDING TOWN REGULATIONS TO ELIMINATE THE PROHIBITION OF SIGNS ON UTILITY POLES TOWN-WIDE, WHILE PROVIDING FOR REMOVAL BY TOWN STAFF ON A ROUTINE BASIS
WHEREAS, the Council of the Town of Chapel Hill has considered proposed changes to Town regulations to eliminate the prohibition of signs on utility poles Town-wide, while providing for removal by Town staff on a routine basis, and finds that the proposed changes to Town regulations are appropriate to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
“No signs or
notices for advertising purposes shall be fastened or tacked to telephone,
telegraph or electric light poles or trees on the streets or sidewalks.
Signs and notices may be placed on utility poles located in the public right-of-way, provided that such signs and notices do not exceed 1.5 square feet in display area, and that they do not protrude beyond the width of the pole. Signs or notices may not be attached to utility poles with nails or glue; however, signs may be attached to utility poles with tape or staples.
Signs and notices on utility poles are subject to removal on a routine basis by Town staff, normally not more often than once a week, provided that signs that are damaged, loose, or are in violation of the provisions of this section, may be removed immediately.
No signs or notices shall be fastened to supports for regulatory signs, on supports for informational signs, or on bus shelters. No sign or notice shall be posted in such a manner that it obscures or draws attention away from regulatory or street name signs, or compromises public safety.
No signs or notices shall be fastened to trees or other plants.”
Section 2. The first paragraph of Section 6.3 of the Chapel Hill Development Ordinance is hereby revised to read as follows:
“No exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), or any aboveground utility structure, or any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within the Historic District until after an application for a Certificate of Appropriateness as to exterior architectural features has been approved, with the exception that signs may be attached or affixed to utility poles on the streets and sidewalks within the Historic District, without a Certificate of Appropriateness, subject to any other applicable provisions of this Chapter and the Town Code of Ordinances.”
Section 3. Section 14.13.4 of the Chapel Hill Development Ordinance is hereby revised to include the following additional exemption:
“o) Signs and notices may be placed on utility poles located on the streets and sidewalks subject to removal by the Town in accordance with Section 16.3 of the Town Code, provided that such signs and notices do not exceed 1.5 square feet in display area, and that they do not protrude beyond the width of the pole. Signs or notices may not be attached to utility poles with nails or glue; however, signs may be attached to utility poles with tape or staples.”
Section 4. The second paragraph of Section 14.13.6 of the Chapel Hill Development Ordinance is hereby revised to read as follows:
“Except where
specifically exempted by this chapter, all signs, including the supports, frames
and embellishments thereto, shall not be located within any public
right-of-way, nor shall any sign be attached, affixed, or painted on any
utility pole, light standard, telephone or telegraph pole, any tree,
rock, or other natural object. Furthermore, no sign shall be attached to
the supports for regulatory signs, informational signs, or to bus shelters.”
Section 5. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 6. That these changes shall become effective upon adoption.
This the ___ day of _____, 2002.
ORDINANCE C
(Option # 4)
AN ORDINANCE AMENDING TOWN REGULATIONS TO MAINTAIN THE PROHIBITION ON SIGNS BEING PLACED ON UTILITY POLES, BUT TO ELIMINATE THE PENALTY
WHEREAS, the Council of the Town of Chapel Hill has considered the proposal to maintain the prohibition on signs being placed on utility poles, but to eliminate the penalty, and finds that the proposed changes to Town regulations are appropriate to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
“No signs or notices for advertising purposes shall be fastened or tacked to telephone, telegraph or electric light poles or trees on the streets or sidewalks. Signs posted in violation of this section are subject to immediate removal by Town staff but no person posting or otherwise responsible for the placement of such signs shall be subject to being cited for a violation of this section of the Town Code.”
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 3. That these changes shall become effective upon adoption.
This the ___ day of _____, 2002.
RESOLUTION B
(Additional Kiosks)
A RESOLUTION DIRECTING THAT THE TOWN MANAGER PREPARE A REPORT FOR THE COUNCIL’S CONSIDERATION, REGARDING THE PLACEMENT OF ADDITIONAL KIOSKS IN THE DOWNTOWN AREA
WHEREAS, the Town Council has received a petition, requesting that the Council revise or repeal regulations to allow the posting of signs or notices for advertising purposes on utility poles; and
WHEREAS, the Town Council called a Public Hearing to consider changes to the Town Code and/or the Development Ordinance regarding signs posted on utility poles; and
WHEREAS, the Town Council reviewed the existing regulations regarding signage on utility poles and also received recommendations from the Town Manager, Planning Board, Historic District Commission and the Community Design Commission regarding changes that would allow signs to be posted on utility poles and finds that there is no compelling reason to change the existing regulations;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to prepare a report for the Council’s consideration regarding the placement of additional kiosks in the downtown area.
This the ___ day of _____, 2002.