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HomeMy WebLinkAboutAgenda - 08-23-2004-DORANGE COUNTY BOARD OF COMMI5510NERS 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): Proposed Revisions to Political Sign Regulations Comparison of Existing and Proposed Political Sign Regulations Lessons Learned -Political Sign Enforcement Sign Ordinance Revisions -Topics to be reviewed INFORMATION CONTACT: Craig Benedict, Director, Ext, 2592 Robert Davis, Planner III, 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 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) GdComprehensive Planning OINGENE12gg4 Public HeadngsVwg 23 Work Sesslon~BlgnsGSign Ortllnance BOCC-PB Work Session Absdoc 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, GdOOmprehenslve Plannln8 OINGENE12004 Public Headn8sWU8 23 Work Sess~oNSlgns45ign Ordinance BOCC-PB Work Session Abs tloc 3 PROPOSED REGULATIONS FOR TEMPORARY POLITICAL SIGNS 9.6 OfF-Premise Signs Not Subject to Permit Requirements b) Temporary political signs advertising candidates or issues, provided such signs do not exceed four (4) square feet in area per display surface, and provided that any such signs are located entirely on private property, outside of any public right-of-way, displayed no earlier than 45 days prior to the election and are removed no later than seven (7) days after the conclusion of the election or campaign. For the purposes of this section only and for the benefit of candidates and their campaign staff, the right-of-way is interpreted to be from the ditch line on one side of the road to the ditch line on the opposite side of the road. Incases 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. Additionally, temporary political signs 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. Any temporary political signs found to be in violation of the above standards may be subject to removal by the Orange County Planning Department. Signs removed shall be stored for a minimum of 30 days after which they will be disposed of or recycled at the County Landfill. COMPARISON OF EXISTING & PROPOSED POLITICALICAMPAIGN SIGNAGE REGULATIONS Existin Re ulations Pro osed Re ulations Maximum Size of 9 sq. ft. total for all signs 4 sq. ft for each display surface Si ns Maximum Height No Limit No Limit of Si ns Maximum No, of 3 No Limit Si ns Locafion Residentially zoned lots, outside of Entirely on private property, right-of-way, and sight preservation outside of right-of-way and sight triangles preservation triangles (Interpretation of right-of-way and sight preservation triangle is clarified as follows: the right-of- way is interpreted to be from the ditch line cn one side of the road to the ditch line on the other 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. Additionally, temporary political signs shall be located a minimum of 35 feet from the intersection of the pavement of two or more roads measured arallel to the road surface . Safety Signs are not to be confused with Signs are not to be confused with traffic signs or traffic signals. traffic signs or traffic signals. Flashing lights and moving signs are Flashing lights, moving signs, and prohibited. signs similar in color to traffic si ns are rohibited. Posting No limit on how early signs may be Signs may be posted no earlier osted than 45 da s prior to election. Removal 7 Days No later than 7 days after the conclusion of the cam ai n. Applicable General Traffic Safety Precautions; Signs Traffic Safety Precautions; Signs Sign Provisions cannot be located on natural or cannot be located on natural or human-made ermanent structures constructed ermanent structures Permits Zonin Com liance Permit Re uired None Re uired Enforcement Political Signs in right-of-way found Political Signs placed within the to be in violation of the sign right-af-way in violation of the requirements may be subject to Zoning Ordinance are subject to removal by the Orange County removal by the Orange County Planning Department, Violations of Planning Department. Violations the political sign regulations on of the political sign regulations on private property are subject to the private property are subject to the enforcement provisions of Article 23 enforcement provisions of Article of the Zonin Ordinance. 23 of the Zonin Ordinance. 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 atone 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. SIGN ORDINANCE REVISIONS -TOPICS TO BE REVIEWED 1. Intent Revise text to emphasize and encourage signage that avoids conflicts with adjacent signs. Promote safety for motorists and pedestrians. Support the general purpose of the Zoning Ordinance and Land Use Plan. Provide administrative framework for controlling the establishment and maintenance of all signs. 2. Definitions Add definitions of signage terminology to allow for clarity within the Ordinance. 3. Prohibited Conditions and Signs Identify and specify the types, location and characteristics of signs that are not in keeping with the Intent of this Ordinance. 4. Signs Not Subject to Zoning Compliance Permit Review existing regulations to better address guidelines for signs not subject to a Zoning Compliance Permit. Establish concise performance standards for those signs exempt from Zoning Compliance Permits to avoid future uncertainty/ambiguity iri interpretation of regulations. 5. Sign Size and Area Computation Clearly define methodology used for computing sign area. Revise dimensional requirements far all signs in specific zoned districts to be more compatible with the intent of this Ordinance and to preserve the unique rural character of Orange County. 6. General Requirements Establish clear performance standards and guidelines to ensure consistent application of the signage regulations as they will apply to new and existing signs. 7. Zoning Compliance Permit and Enforcement Provide means to administratively enforce this Ordinance through the issuance of a Zoning Compliance Permit. 8. Nonconforming Signs Establish clear, enforceable guidelines with regards to nonconforming signs.