AGENDA #5e

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Response to Petition from Ms. Vivian Olkin

 

DATE:             June 23, 2003

 

 

On June 9, 2003, the Council received a petition from Ms. Vivian Olkin, owner of an ice cream shop on East Franklin Street.  The Council received the petition and referred it to the Town Manager for comment.

 

PETITION

 

Ms. Olkin brought an eight-foot tall, inflatable ice cream cone to the Council Chamber, and expressed concern that sign regulations would not allow her to display the balloon on the sidewalk.  Ms. Olkin expressed concern that people would not know that her business was there on Franklin Street, that she needed to draw attention to her business, that sign regulations precluded anything different or striking, and that there should be provisions to allow a new business 3-6 months for special signage.

 

DISCUSSION

 

Chapel Hill’s signage regulations define a sign as “Any device designed to inform or attract the attention of persons not on the premises on which the device is located.”  The ordinance goes on to say, “No sign visible from the public right-of-way, whether exterior to or interior to a structure, shall be erected, displayed, or substantially altered except in accord with the provisions of this Chapter and until a Zoning Compliance Permit has been issued therefore.”  The message of a sign is limited to the name of the establishment on the zoning lot.

 

In Town Center, a business may have a ground-mounted sign, a wall sign, and/or a projecting sign.  Ground and projecting signs are limited to eight square feet in display surface.  Projecting signs over the sidewalk in Town Center must clear pedestrian paths by a height of at least eight feet.

 

Wall signs are limited in size to 5% of the area of the building’s façade.  Drop awnings may be erected, and signs may be placed on awnings consistent with the limitations described above. The only type of sign allowed on the sidewalk in the Town Center is a changeable/moveable sign that is no more than six (6) square feet in area per display surface, in front of the business.  These typically are the daily menu sandwich boards.  (One is these has been on display in front of the shop.)

 

We have had previous staff discussions about these regulations with Ms. Olkin, in which she specifically described this balloon and asked whether or not it would meet sign regulations.  We stated specifically that it would not.  At that time, the balloon had been ordered but had not yet been delivered.  We referred to language in the Land Use Management Ordinance.

 

In April, The Oasis Deli/Inside Scoop was asked to remove unauthorized tables and chairs from the sidewalk area.  The store employee was advised of how to apply for an outdoor dining permit. 

 

On June 9, Ms. Olkin made her petition to the Council, indicating that regulations would not allow her to display the balloon on Franklin Street.  The Council received and referred the petition to the Manager.  We observed on Friday, June 13, that the balloon was on the street in front of the shop.  We observed pedestrians walking past and moving because the sidewalk was partially blocked.  We observed one pedestrian ducking underneath the balloon because at that moment there was not room to walk around it.  The photograph at right was taken at approximately 1:15 on Friday, June 13.

 

On a related issue, we have checked our files, and have confirmed that the awning signage, while likely approvable, has not been approved and no permit has been issued (no application has been submitted). 

 

 

 

 

During her petition, Ms. Olkin stated that there should be special rules for new businesses as they open.  Current sign regulations do allow for “Grand Opening” type of signs, provided such signs are attached to the building in which the business is located, do not exceed 32 square feet in size, and are displayed for not more than 21 days.  An example of such a sign, which meets these requirements, appears below (photo from 6/13/03).

 

 

We believe that such signage is important for a new business, and believe that the size and time limits are reasonable.

 

CONCLUSION

 

We believe that Chapel Hill’s sign regulations are desirable and appropriate for this community, and contribute in a significant way to maintaining overall community appearance.  In discussions with Ms. Olkin, we have described Chapel Hill’s sign regulations, and concluded with her that display of the eight-foot inflatable ice cream cone would not meet sign regulations, and that such display would be a violation of the Land Use Management Ordinance.  Ms. Olkin expressed concerns about these regulations, and proceeded to initiate display of the balloon. 

 

We do not believe there is any reason to change our current regulations.  If the Council concludes otherwise, we will work this fall on a discussion paper about sign regulations, for Council consideration.

 

We do not recommend any Council action at this time.  We will work with Ms. Olkin to help her achieve compliance with Town regulations.