Payson City Council Staff Report, April 6, 2011
Review of Proposed Amendmentsto Chapter 19.15, Signs and Outdoor Advertising of Payson City Zoning Ordinance
Type of Request:Legislative
Staff Action:Preparation of Staff Report and Supporting Documentation
Planning Commission:Recommendation to City Council
City Council: Approval or Denial (Legislative Action)
Background
On occasion, changes in development practices, new land use goals of the City Council or other appropriate circumstances result in the need to update or revise the development ordinances of the City. In this instance, it is proposed that several amendments to the sign ordinance be considered.
A sign committee was organized to review the adopted regulations of the sign ordinance and provide recommendations to the Planning Commission and City Council of any modifications that could make the ordinance more user friendly, provide adequate signage for businesses, and maintain an orderly image of the community. The members of the committee bring varying perspectives to the working group including: legal (City Manager/Attorney), Chamber of Commerce (Chamber President), business owner, regulations/enforcement (City staff), and decision makers (City Councilmember).
The committee is now prepared to present several recommendations to the City Council for consideration. It should be noted that additional review of the current regulations by the committee will continue and segments forwarded to the Planning Commission and City Council until the entire ordinance is updated.
Amendments to the development ordinances are a legislative act of the City Council who may approve, amend and approve or deny the recommendation of the Planning Commission in relation to the proposed amendments. The Planning Commission conducted a public hearing on March 9, 2011 and forwarded a recommendation to the City Council. Their recommendation is included in the recommendation portion of this staff report.
Analysis
The authority for municipalities to adopt ordinances to guide development can be found in §10-9a Utah Code Annotated. Development ordinances are also influenced by federal laws and case law. It is the role of staff to ensure that any proposed amendments are consistent with the provisions of state and federal statute and all levels of case law. That said, despite the many laws and provisions that guide the creation of development ordinances, the City Council is granted a great deal of deference to enact development regulations tailored specifically for our community.
This report only contemplates amendments to Chapter 19.15 of Title 19, Zoning Ordinance at this time. If ordinance amendments have been overlooked, they may be considered during the public hearing; however, the City Council may determine that the amendment(s) be remanded back to staff and the Planning Commission for additional review.
Title 19, Zoning Ordinance
The proposed changes to Title 19, Zoning Ordinance are limited to Chapter 19.15, Signs and Outdoor Advertising. The summary does not include the details of the proposed amendments; therefore, review of the ordinance text is necessary.
1.Section 19.15.1, Page 1 – It is proposed that we simplify the purpose and intent of the sign ordinance. Also, the committee is suggesting that architectural controls be removed from project signage.
2.Section 19.15.2, Pages 1 and 2 – The committee would suggest the interpretation of the sign definitions be determined by the Hearing Officer rather than the Webster’s Dictionary. Also, clarification was provided on A-frame signs. It should be noted that the committee has not completed a thorough review of the definitions and additional modification may be proposed in the future.
3.Section 19.15.3.1, Page 6 – Verbiage has been added to allow the Development Services Director to delegate the review and enforce the provisions of the sign ordinance to another member of staff.
4.Section 19.15.3.3.1, Pages 7 and 8–This section focuses on the regulations for promotional signs. It is proposed that the timeframe for use of promotional signs be changed from thirty (30) day promotional periods to one hundred twenty (120) days anytime throughout the year. The number of promotional signs used throughout the promotional period has not changed (i.e. two signs), only the amount of time these signs may be used throughout the year. The use of promotional signs will be based on the honor system. In other words, Payson City will not actively enforce the use of the signs unless a complaint is filed. It is the responsibility of the business owner to demonstrate that the one hundred twenty (120) days has not been exceeded. Other minor amendments are suggested (see ordinance text).
5.Section 19.15.3.3.2, Pages 8 and 9 – The following changes regarding development promotional signs are proposed:
- It is suggested that additional temporary signs be allowed to direct the public to new residential developments.
- It is proposed that additional signs be allowed to specifically advertise for sponsorship and financing groups associated with the project.
- The committee would suggest that development promotional signs be allowed for each building lot under construction in residential areas.
- Regulations have been added for permanent development signs.
- It is suggested that additional wall signs be allowed for churches, and public or private schools in residential zones and to eliminate the square footage requirements for signs and reader boards for these uses.
- Verbiage has been added stating that public schools are exempt from the sign regulations.
- Other minor amendments have been added to this section.
6.Section 19.15.3.3.3, Page 9 – It is proposed that the timeframe for displaying banners for community and civic events be removed.
7.Section 19.15.3.3.4, Pages 9 and 10 – The committee is proposing to remove the ability for Payson City to relocate and deny unnecessary signs. Furthermore, it is proposed that architectural controls on signs be eliminated.
8.Section 19.15.3.3.5, Page 10 – It is suggested that the design criteria be removed from the regulations.
9.Section 19.15.3.3.6, Page 11 – The regulation limiting multiple wall signs for commercial and industrial projects is proposed to be removed.
10.Section 19.15.3.3.7, Pages 11 and 12 – The committee would suggest that movable and portable changeable copy signs be allowed.
11.Section 19.15.3.3.8, Page 12 – It is proposed that the percentage of the sign that may be used as a reader board be increased.
12.Section 19.15.3.3.10, Pages 12 and 13 – Minor amendments are proposed in the section regulating prohibited signs.
13.Section 19.15.4.3, Page 16 – Additional provisions are proposed to protect the clear view areas near intersections and driveways.
14.Section 19.15.4.6, Pages 16 and 17–It is proposed that the requirement to provide a landscaping plan that indicates the number, size and type of planting materials be removed from the ordinance. Moreover, the size and design of the planter is proposed to be modified.
15.Sections 19.15.4.8, Page 17 – Minor changes to the lighting requirements are proposed.
16.Various Sections, Pages 22, 25, 33, 35, and 39 – The committee would suggest that additional wall signs be allowed for structures in the commercial zones (CC-1, CAP, GC-1, S-1, and PO-1) and the industrial zones (I-1 and I-2) provided they do not exceed the sign area allowed in the zone and do not abut a residential structure.
17.Section 19.15.7, Page39 – The owner of the Apex Storage development, Taylor Smith, is requesting that project signs be allowed in the industrial zones. The applicant is requesting to construct something similar to the project sign for the Walmart development; however, the sign committee is suggesting that the size of the sign be less than those allowed in the S-1, Special Highway Service Zone.
Recommendation
On March 9, 2011, the Payson Planning Commission recommended approval of the proposed amendments to Chapter 19.15 of Title 19, Zoning Ordinance finding that the amendments will benefit the business community.
The City Council, following a public hearing to receive public input, will need to determine if the proposed amendments are consistent with the land use goals and objectives of Payson City. The City Council will need to approve, amend and approve, or deny the proposed amendments to Chapter 19.15 of Title 19, Zoning Ordinance.
Amendments to the development ordinances are legislative matters and the City Council is not obligated to approve any amendment. Any decision of the City Council should include findings that indicate reasonable conclusions for the decision. If the City Council chooses to amend the development ordinances, the amendment shall be completed by ordinance.
Ordinance