AGENDA #12

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

Ralph D. Karpinos, Town Attorney

SUBJECT: Chapel Hill Code of Ordinances and Chapel Hill Development Ordinance – Text Amendments for Signs Posted on Utility Poles

DATE: November 11, 2002

INTRODUCTION

Adoption of the attached resolution would leave in place the Town’s existing regulations regarding the posting of signs on utility poles, and would direct the Manager to prepare a report on the feasibility of installing additional kiosks in the downtown area. Alternately, enactment of one of the attached Ordinances would make changes regarding the posting of signs on utility poles.

DISCUSSION

On October 16, 2002, the Town Council conducted a Public Hearing to consider changes to the Town’s regulations which prohibit the posting of signs on utility poles. At the Public Hearing, we presented the following options for the Council’s consideration:

Make no changes to the Town’s current regulations, and consider the feasibility of installing additional kiosks in the downtown area.

Eliminate 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 (while providing for removal by Town staff on a routine basis).

Eliminate the prohibition of signs on utility poles on a Town-wide basis (while providing for removal by Town staff on a routine basis).

Maintain the prohibition on utility pole signage, but eliminate the penalty.

The options are further discussed in the attached Council Memorandum from October 16, 2002.

KEY ISSUES

Several citizens spoke on this matter at the Public Hearing on October 16, 2002. Based on their comments, and the questions and comments of Council members, we believe that the key issues raised for the Council’s consideration are:

Utility Pole Safety and Maintenance Concerns: Duke Power representatives, speaking as owners of many of the utility poles that would be affected if regulations are changed, expressed concern regarding the safety of workers who periodically climb utility poles for maintenance purposes. In particular, the Duke Power representatives presented evidence that nails and staples from signs and fliers can cause a climber’s boots/climbing hooks to “cut out” of the pole, potentially resulting in injury and or a fall. Duke Power representatives noted that signs are not designed for or intended to be used as signposts, and expressed concern that nails and staples eventually lead to degradation of utility poles, requiring premature replacement and/or disruption of service. In summary, Duke Power representatives requested that the existing utility pole sign regulations be maintained.

Comment: Adoption of Resolution A would leave in place the current prohibition regarding signs on utility poles. We also note that as property owner, Duke Power may choose to clear unwanted signage from its utility poles at any time.

Potential Advertisements on Utility Poles by Property Owner(s): A citizen raised the issue that if signs are not prohibited on utility poles, that it would be possible for Duke Power, BellSouth and/or Time Warner Cable, who own many of the utility poles in Town, to place their own advertisements on the utility poles. In addition, the citizen expressed concern that the utility pole owners could even rent or lease display area on utility poles to generate additional revenue, if the sign prohibition for utility poles is lifted.

Comment: We note that if the regulations are changed such that signs are not prohibited on utility poles, it would be permissible for the property owners to place their own signage, or signage of other individuals or businesses on utility poles.

Garage Sale, Yard Sale and Lost Pet Signs: A Council member inquired about the Town’s existing regulations (if any) regarding the placement of garage sale, yard sale and lost pet signs in neighborhoods.

Comment: The Town’s Development Ordinance presently allows “signs announcing yard or garage sale signs, provided such signs do not exceed one sign per site of such sale nor four (4) square feet in area per display surface, and are removed within seven (7) days of erection.” Consequently, it would be permissible for a citizen to place a yard or garage sale sign in their yard, but it is not permissible to place such a sign on a utility pole.

Regarding the placement of lost pet signs in a neighborhood, on August 26, 2002, the Town Council enacted a new regulation allowing non-commercial signs that are located on private property and are non-illuminated. Thus, it would be permissible for a citizen to place a yard or garage sale sign in their yard, or the yard of another property owner, but it is not permissible to place such a sign on a utility pole.

Sandwich Boards: A Council member inquired as to whether or not businesses are permitted to display “sandwich boards.”

Comment: “Sandwich boards” are permitted in the downtown area in accordance with Section 14.13.4(n) of the Town’s Development Ordinance, which exempts such signage if displayed as follows:

“Signs in the Town Center 1 and 2 districts which are no more than six (6) square feet in area per display surface. This provision applies only to changeable or moveable signs which are limited to one (1) per business. Changeable or moveable signs are those non-illuminated signs that change or are moved on a daily basis.”

Regulations in Other Municipalities: One Council member requested information on how other municipalities regulate (or do not regulate) signage on utility poles.

Comment: We have surveyed several nearby municipalities, and provide the following information:

Municipality

Signs

allowed on

Utility Poles?

Notes:

Town of

Carrboro

Such signs are considered to be off-premise signage that is not allowed per the Town’s regulations.

Town

of Cary

Such signs are considered to be off-premise signage that is not allowed, and/or are considered to be unauthorized signs within the public right-of-way. Regulations also allow the Town to charge the owner of the sign with the cost of removing and disposing of the sign.

City/County

of Durham

Regulations prohibit all signs “which are located within a public right-of-way and/or attached, affixed, or painted on any utility pole, light standard, utility box.”

City of

Raleigh

Regulations prohibit all signs on any utility pole or tree.

Cost of Additional Kiosks: A Council member inquired as to the cost of a kiosk.

Comment: We believe that the cost of a constructing and installing a kiosk would be approximately $2,000.

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:

Ø “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:

Ø Downtown Small Area Plan (p. 10) – “Keep and enhance the existing building appearances, historic charm, human scale and intimacy of downtown.”

Ø 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.”

Ø 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.”

RECOMMENDATIONS

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.” 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. Adoption of Resolution A would implement the Historic District Commission’s recommendation.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on October 23, 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 Action is attached for the Council’s reference. Adoption of Resolution A would implement the Community Design Commission’s recommendation.

Manager’s 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. Accordingly, we recommend that the Council approve Resolution A (Option #1), and make no changes to the Town’s existing regulations while also directing the Town Manager to prepare a report on the feasibility of installing additional kiosks in the downtown area.

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.

ATTACHMENTS

1. Community Design Commission - Summary of Action, October 23, 2002 (p. 13).

2. Email from Don Stanford, November 3, 2002 (p. 14).

3. Council Memorandum, October 16, 2002 (p. 15).

RESOLUTION

(Option # 1, Manager’s Recommendation,

Historic District Commission’s Recommendation,

and Community Design Commission’s Recommendation)

A RESOLUTION ENDORSING THE TOWN’S EXISTING REGULATIONS PROHIBITING THE POSTING OF SIGNS ON UTILITY POLES, AND DIRECTING THE TOWN MANAGER TO PREPARE A REPORT FOR THE COUNCIL’S CONSIDERATION, REGARDING THE PLACEMENT OF ADDITIONAL KIOSKS IN THE DOWNTOWN AREA (2002-11-11/R-11)

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.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to prepare a report for the Council’s consideration regarding the feasibility of placing additional kiosks in the downtown area.

This the 11^th day of November, 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 (2002-11-11/O-11a)

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:

Section 1. Section 16-3 of the Town Code is hereby revised to read 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 11^th day of November, 2002.

ORDINANCE B

(Option # 3,

Planning Board’s Recommendation)

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 (2002-11-11/O-11b)

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:

Section 1. Section 16-3 of the Town Code is hereby revised to read 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 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:

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 11^th day of November, 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 (2002-11-11/O-11c)

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:

Section 1. Section 16.3 of the Town Code is hereby revised to read 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 11^th day of November, 2002.