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HomeMy WebLinkAboutAgenda - 09-09-2004 - 10aORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 9, 2004 Action Agenda Item No. SUBJECT: Political Sign Regulations and Discussion of Potential Revisions to Sign Ordinance DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): 8/30/04 Political Signs and Sign Enforcement Memo Lessons Learned — Political Sign Enforcement Abstract from 8 -23 -04 BOCC /PB Work Session Enforcement Areas — Political Signs Comparison of Existing & Proposed Regulations INFORMATION CONTACT: Craig Benedict, Director, Ext. 2592 Robert P. Davis, Planner Ill, Ext. 2580 Carla Thames, Planner I, Ext. 2603 David Fencl, Planner II /ZEO, Ext. 2607 TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To receive a report on: 1) enforcement of political sign regulations prior to the November 2, 2004 election based on existing ordinance requirements; and 2) potential revisions and modifications to Article 9 of the Zoning Ordinance — Sign Regulations, for consideration at the November 22, 2004 Quarterly Public Hearing. BACKGROUND: In response to questions concerning the County's enforcement of its political sign regulations, the Planning Department in June 2004 mailed each candidate for public office a letter explaining the County's political sign regulations, a blank Zoning Compliance Permit for Political Signs, and a one -page bulletin — Special Notice About Posting Election Campaign Signs in Orange County. In early July, the Planning Department began removal of improperly located political signs on selected roads within the County's planning jurisdiction. Removal of improperly placed political signs illustrated that there was a significant amount of uncertainty among candidates about where signs could legally be placed. Planning Department staff also recognized the difficulty in enforcement of the existing regulations in the field (See attached Lessons Learned — Political Sign Enforcement). In order to clarify where political signs may be located, staff will interpret the existing regulations for political signs displayed prior to the November 2, 2004 election as follows: Existing Regulation: Except where specifically permitted by this ordinance, all signs, including the supports, frames and embellishments thereto, shall not be located within any required setback area or public right -of -way, nor shall any sign be attached, affixed or painted upon any utility poles, any tree, rock or other natural object within the public right -of -way. '2 The right -of -way shall be interpreted to be from behind the ditch line on one side of the road to behind the ditch line on the opposite side of the road. In locations where the ditch line is not visible or does not exist, the right -of -way shall be interpreted to be a minimum of 10 feet from the edge of pavement on one side of the road to 10 feet from the edge of pavement on the opposite side of the road. Existing Regulation: No sign shall be erected so that any part of it intrudes into the sight preservation triangle. • Temporary political signs shall be located a minimum of 35 feet from the intersection of the pavement of two or more roads measured parallel to the road surface. Coordination with Board of Elections: To achieve a higher level of compliance with the political sign regulations, the Planning Department will need the assistance and cooperation of the Board of Elections in distributing regulations we provide them and obtaining accurate information about candidates on the ballot (i.e. names, addresses, phone #'s, etc.). The bulk of the County's existing sign regulations date to the initial adoption of the zoning ordinance in 1981. Minor modifications were made to the sign regulations in 1984 and 1988. The experience with political signs this summer highlights the need for a comprehensive review of that section in the existing sign regulations. Other areas in the sign provisions are also in need of revision. The current sign regulations are deficient in meeting citizens' expectations for appearance and clarity, and may be weak from a legal standpoint. Staff is aware of many changes that are necessary to update the regulations, but also would like to receive comments, suggestions, and direction from the Commissioners early in the revision process. Staff has identified the following areas of the existing sign regulations that need to be reviewed or areas that may need to be added: • Intent of Ordinance • Definitions of various types of signs • Size (height and square footage) of signage • Number of signs permitted (per lot, per building, per use) • Types of signage permitted (i.e. ground, pole, wall, projecting, temporary) • Signage not subject to permit requirements (i.e. temporary real estate signs, temporary real estate development signs, construction signs, special event signage, home occupation signage, and political /campaign signs) • Subdivision entrance signage • Signs for non - residential uses in residential zoning districts (i.e. schools, places of worship) • Service Station signage • Prohibited signs (i.e. flashing lights, temporary - nonpermanent signs, vehicular signs, moving and flashing signs) • Off - Premises or advertising signs • Non - Conforming signs • Illumination of signs • Permit requirements • Clarify methods of determining area and height of signs PROCESS: Report to BOCC: September 9, 2004 BOCC /Planning Board Quarterly Public Hearing: November 22, 2004 Planning Board: January 5, 2005 BOCC to make a decision no sooner than February 15, 2005 FINANCIAL IMPACT: There are no public fiscal impacts associated with this decision. There may be private impacts to various businesses, both positive and negative in implementing new sign regulations. RECOMMENDATION(S): The Planning Staff asks that the BOCC receive the report regarding enforcement of existing guidelines for the November election. The Administration requests that the BOCC receive the report on enforcement of political sign regulations and provide input to staff to identify potential revisions to the existing sign ordinance for consideration at the November 22, 2004 Quarterly Public Hearing. 1 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director eoontP o! ®' Administration 306F Revere Road (919) 245 -2575 17 ° 4 52 P O Box 8181 (919) 644 -3002 (FAX) Hillsborough, NC 27278 WWW.co.orange.nc.us ° <<6 Cst°ce iii MEMORANDUM TO: John M. Link, Jr., County Manager Board of County Commissioners FROM: Craig N. Benedict, AICP DATE: - August 30, 2004 SUBJECT: Political Signs and Sign Enforcement CC: Geoffrey Gledhill, County Attorney Robert Davis, County Planning Supervisor Below is a synopsis of the County's existing political sign regulations and an annotation of the enforcement process that County Planning and staff will employ for the November 2 "d election. The permit process and enforcement phase is undergoing heightened scrutiny by candidates, local jurisdictions, complainants, newspapers and the courts, so these new procedures will be more aligned with existing regulations and less flexible. Past practices before and after my arrival may have been more pragmatic in nature than regulatory. There have been discussions in recent years regarding the difficulty in universally enforcing the existing ordinance but I believe political sign enforcement has to be conducted with the following practices: 1. Clear, unambiguous regulations that clearly inform the candidate 2. Written understanding acknowledging the rules by the candidate during the candidate enrollment process. 3. Understanding by all government departments about the signage rules and /or deferral to planning. 4. Fair, equitable and expeditious enforcement of all signs that do not meet standards. 'All' refers to what can reasonably be removed if within a right -of -way during a normal course of work by a zoning enforcement officer. The following rules are presently part of our sign ordinance and are indicated by the associated zoning reference in parentheses (e.g. 9.7). 1. Sign — Any device designed to inform or attract attention of persons not on the premises on which the device is located. Note: This describes whether a sign is for a campaign or an issue (e.g. vote for Mr. Dow or Down with Feathers.) 2. The County's sign ordinance is Article 9 of the County's zoning ordinance and therefore does not apply to municipal limits and the extra- territorial jurisdiction (ETJ). Note: Please see maps with the Supervisor of Elections office and Planning Department for specific locations in question. 3. A Zoning Compliance Permit for Political Signs is required for each candidate who files in Orange County (and /or anyone responsible for posting an `issue' sign not directly related to a person.) (9.7) Note: a. This ensures that the responsible party acknowledges their responsibility and identifies County resources to help them in cases of uncertainty. b. Any sign found without an associated Zoning Compliance Permit for Political Signs in the public right -of -way will be removed and stored for 30 days after notice to the individual if known. c. Signs exceeding the sign ordinance maximum square footage will be treated the same as any other violation. d. For candidates on the Orange County ballot that have filed for office in another county will be notified of Orange County's political sign regulations via mail of the Political Sign Acknowledgement Form. 4. No more than three signs totaling 9 square feet may be permitted on any residentially zoned lot. Note: a. This means that on any one lot an owner can only permit up to 9 square feet (i.e. one 9 square foot sign, 3 signs of 3 square feet, or 5, 2, 2, etc.) b. The property owners have the right to remove any sign they do not wish to be placed on their property. c. Political signs are not allowed on non - residentially zoned lands (9.12 g). 5. "... the sign surface area shall be computed by including the total of all sides designed either to attract attention or communicate information." (9.10c) Note: If the sign is readable from one direction only, then the square footage calculation is measured for one side only (e.g. a sign measuring 2 ft by ft. equals 4 sq. ft.). 6. Signs of any size (unless permitted by specific regulation and government authority) are not permitted to be located in public right -of -ways or to be attached to utility poles, guardrails, NCDOT signs, etc. in public right -of -ways (9.3). W Note: Please understand that the determination of the limits of the right -of -way is not an easy process. NCDOT does not even have complete records on this matter. Land Records does not show maintenance right -of -ways and often shows property lines to the center of the street. Sometimes, the maintenance right -of -way limits are ditch -to- ditch. Sometimes, the proper future cross - section of the entire right -of -way has been dedicated which may push the right -of -way to 50 feet from the centerline of the road. Road right -of -way varies greatly and investigation of a specific section may bear different results from adjacent- properties. Note: For the benefit of candidates- and their campaign staff, the right -of -way will be interpreted to be from the ditch line on one side of the road to the ditch line on the opposite side of the road. In cases where the ditch line is not visible, the right - of -way shall be interpreted to be a minimum of 10 feet from the edge of pavement on one side of the road to 10 feet from the edge of pavement on the opposite side of the road. Signs in violation of this section will be removed by the Planning Department upon recognition and the candidate(s) or organization will receive a one -time notification within three days of the initial sign removal. 7. Political signs of any size will not be permitted on residentially zoned property within the sight visibility triangle (9.2 a). Note: For the benefit of candidates and their campaign staff, the sight visibility triangle shall be located a minimum of thirty -five (35) feet from the intersection of the pavement of two or more roads measured parallel to the road surface. This requirement promotes better traffic safety along intersecting roads and driveways. 8. There is presently no 'prior -to- election' time period upon which signs may be placed pursuant to our zoning ordinance. Note: However, since a Zoning Compliance Permit for Political Signs should be reasonably issued to someone that has formally filed for candidacy, then the time period will run concurrent with the filing deadline so there is equity in campaigning. The Supervisor of Elections will elaborate on the filing deadlines and make available information to the Planning Department and candidates. 9. All conforming political signs must be removed within seven days or conclusion of the campaign (9.12 g). Note: In some cases, elections may include additional campaigns and another Zoning Compliance Permit for Political Signs must be applied for. 10. No sign shall use words such as "stop ", "caution" (9.2 b) Note: This alleviates the potential of traffic sign confusion. 11. a. Signs not in compliance within the defined right -of -way will be immediately removed and stored at the Planning Department, 306 -F Revere Road. Retrieval of signs can be accomplished by coming to the department during normal working hours. Signs will be disposed of 7 days after the election. Note: These signs are considered safety hazards. b. Signs not in compliance in areas outside of the right -of -way are removed in accordance with Article 23 enforcement. The notification process and enforcement procedure may be time consuming (see procedure timeline.) In addition, violations may be sent to the property owner as well as the person responsible for the sign. Enforcement may be through: 1. Injunctive and Abatement Relief in Superior Court; NCGS 153A -123 2. Criminal penalties; up to $500 per violation and /or imprisonment up to 30 days; NCGS Section 144 3. Judicial Action to Collect Civil Penalty; Article 23.4, Orange County Zoning. 12. Signs may not be moving (i.e. spinning, etc.). Signs may not have any light source directly visible from any public right -of -way (9.4). Lessons Learned General Information The Zoning Ordinance does not allow signs, other than governmental signs, in the public right -of -way. A basic fact, although confusing to many people, is that a public right -of -way is variable because it is specific to each property. It may be 60± feet in width at one place and perhaps no recorded right -of -way at all in other places, nearby, on the same road. Unless the right -of -way is clearly identified with surveyed markers, the NCDOT will generally maintain from back of ditch to back of ditch, which may be only a portion of the actual right -of -way. The NCDOT 'claims' the right -of -way for maintenance purposes only. In areas with sidewalks, signs are usually not allowed between the sidewalk and the paved surfaces of the roadway. Because roadways with sidewalks tend to be newer, the right -of -way widths are usually designated during the final platting of the property. In other cases, the acquisition of enough right -of -way prior to installing sidewalks occurs prior to construction. Enforcement During the Planning Department's recent enforcement of improperly placed political signs we noticed numerous signs at the edge of the street pavement and even more obscuring sight visibility at intersections. Both of these locations present safety hazards. Given the virtual impossibility of determining actual right - of -way in the field, staff relied upon the NCDOT method of interpreting right -of- way as being back of ditch to back of ditch. Any signs behind the ditch lines were okay provided the sight distance triangles were kept clear. The Zoning Ordinance does not state who is to remove signs that are placed in the right -of -way in violation of the ordinance. That responsibility has in the past fallen to the Planning Department as is the case in many other jurisdictions. COPY ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD WORK SESSION AGENDA ITEM ABSTRACT Meeting Date: August 23, 2004 Action Agenda Item No. D. SUBJECT: Discussion of Sign Regulations DEPARTMENT: Planning & Inspections PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Proposed Revisions to Political Sign Regulations Craig Benedict, Director, Ext. 2592 Comparison of Existing and Proposed Political Robert Davis, Planner III, Ext. 2580 Sign Regulations Carla Thames, Planner I, Ext. 2603 Lessons Learned — Political Sign Enforcement David Fencl, Planner II /ZEO, Ext. 2607 Sign Ordinance Revisions - Topics to be reviewed TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To discuss potential revisions and modifications to Article 9 of the Zoning Ordinance — Sign Regulations. BACKGROUND: The bulk of the County's existing sign regulations date to the initial adoption of the zoning ordinance in 1981. Minor modifications were made to the sign regulations in 1984 and 1988. The current sign regulations need a complete review to ensure that they meet citizen's expectations for appearance, clarity, and are on solid ground from a legal standpoint. Staff is aware of many changes that are necessary to update the regulations, but also would like to receive comments and suggestions from the Planning Board and Commissioners early in the revision process. Staff has identified the following areas of the existing sign regulations that need to be reviewed or areas that may need to be added: • Size (height and square footage) of signage. • Number of signs permitted (per lot, per building, per use). • Types of signage permitted (i.e. ground, pole, wall, projecting, temporary). • Signage not subject to permit requirements (i.e. temporary real estate signs, temporary real estate development signs, construction signs, special event signage, home occupation signage, and political /campaign signs). • Subdivision entrance signage. • Signs for non - residential uses in residential zoning districts (i.e. schools, places of worship) 10 • Service Station signage. • Prohibited signs (i.e. flashing lights, temporary - nonpermanent signs, vehicular signs, moving and flashing signs). • Off - Premises or advertising signs. • Non - Conforming signs. • Illumination of signs. • Permit requirements. • Clarify methods of determining area and height of signs. PROCESS: BOCC and Planning Board Work Session: August 23, 2004 Public Hearing: November 22, 2004 Planning Board: January 5, 2005 BOCC to make a decision no sooner than February 15, 2005 FINANCIAL IMPACT: There are no public fiscal impacts associated with this decision. RECOMMENDATION(S): The Planning Staff recommends the existing sign ordinance be examined and revised as necessary to more closely meet the expectations and wishes of the community. The Administration recommends that the ordinance be referred to the Planning Board for a recommendation to be returned to the BOCC no sooner than February 15, 2005. ENFORCEMENT AREAS - POLITICAL SIGNS II` a cc 0 CC rn I ■ 10' 10' w c m N N f0 CL Ditch 41 " WMV" -m 1 35' 35' j j f 1: Y- IFa 60' . `F> l Right -of -Way f Areas where politic signs are permitter 24' Pavement Width I 1 12 COMPARISON OF EXISTING & PROPOSED POLITICAL SIGNAGE REGULATIONS Existing Regulations Interpretation of Existing Regulations Possible Regulations to be discussed by the BOCC and brought to the November Quarterly Public Hearin Maximum 9 square feet total for all signs 9 square feet is the total amount of square footage allowed 4 sq. ft. for each display surface Size of per lot for political signage (i.e. 1 — 9 sq. ft. sign, 2 - 4.5 sq. ft. Signs signs, or 3 -3 sq. ft. signs) aximum No Limit No limit 4 ft. from grade eight of Signs aximum rNumber 3 3 with a total square footage of all signs not to exceed 9 8 — 4 sq. ft. signs of square feet (i.e. 1 — 9 sq. ft. sign, 2 - 4.5 sq. ft. signs, or 3 - 3 sq. ft. signs) Location Signs are allowed only on residentially zoned lots, Signs must be located entirely on residentially zoned lots, Entirely on private property, outside of rights -of -way and sight outside of rights -of -way outside of rights -of -way and sight visibility triangles. Rights- visibility triangles. For the purposes of this section only and for of -way and sight visibility triangles are clarified as follows: the the benefit of candidates and their campaign staff, the right -of -way right -of -way is interpreted to be from the ditch line on one is interpreted to be from the ditch line on one side of the road to side of the road to the ditch line on the other side of the road. the ditch line on the opposite side of the road. In cases where the In cases where the ditch line is not visible, the right -of -way ditch line is not visible, the right -of -way shall be interpreted to be a shall be interpreted to be a minimum of 10 feet from the edge minimum of 10 feet from the edge of pavement on one side of the of pavement on one side of the road to 10 feet from the edge road to 10 feet from the edge of pavement on the opposite side of of pavement on the opposite side of the road. Additionally, the road. Additionally, temporary political signs shall be located a signs shall be located a minimum of 35 feet from the minimum of thirty-five (35) feet from the intersection of the intersection of the pavement of two or more roads measured pavement of two or more roads measured parallel to the road parallel to the road surface. surface. Safety Signs are not to be confused with traffic signs or Signs are not to be confused with traffic signs or traffic Signs are not to be confused with traffic signs or traffic signals. traffic signals. signals. Flashing lights, moving signs, and signs similar in Flashing lights, moving signs, and signs similar in shape or color shape or color to traffic signs are prohibited. to traffic signs are prohibited. Posting No limit on how early signs may be posted. The time period for display of political signs will run Signs may be posted no earlier than 45 days prior to the election. concurrent with the filing deadline. (The filing deadline for State and Local Offices is typically 60 —70 days prior to the primary or general election Removal 17 Days 7 days No later than 7 days after the conclusion of the campaign. Applicable Signs are not permitted to be attached to utility Signs are not permitted to be attached to utility poles, Signs cannot be located on natural or constructed permanent General poles, guardrails, NCDOT signs, etc. in public rights- guardrails, NCDOT signs, etc. in public rights -of -way. structures in addition to utility poles, guardrails, NCDOT signs, etc. Sign of -way. in public rights -of -way. Provisions Permits Zoning Compliance Permit for Political Signs For candidates who file for office in Orange County a Zoning Political Sign Acknowledgment Form required. (Form is to be required. Compliance Permit for Political Signs is required. For distributed by the Board of Elections to candidates at time of filing candidates who do not file for office in Orange County a and forwarded to the Planning Department.) Political Sign Acknowledgement Form is required. Enforcement Political signs in rights -of -way found to be in Political signs in rights -of -way found to be in violation of the Political signs in rights -of -way found to be in violation of the sign violation of the sign requirements may be subject to sign requirements may be subject to removal by the Orange requirements may be subject to removal by the Orange County removal by the Orange County Planning County Planning Department. Violations of the political sign Planning Department. Violations of the political sign regulations Department. Violations of the political sign regulations on private property are subject to the enforcement on private property are subject to the enforcement provisions of regulations on private property are subject to the provisions of Article 23 of the Zoning Ordinance. Article 23 of the Zoning Ordinance. enforcement provisions of Article 23 of the Zoning Ordinance.