CITY OF GOODYEAR CITY COUNCIL ACTION FORM

Transcription

1 CITY OF GOODYEAR CITY COUNCIL ACTION FORM AGENDA ITEM # DATE: October 20, 2010 COAC NUMBER: SUBJECT: Amendment to Article 7 (Sign Regulations) of the Zoning Ordinance regarding temporary signs and digital marquee signs. STAFF PRESENTER: Joe Schmitz, Planning Manager APPLICANT: Community Development Department CASE NUMBER: RECOMMENDATION: 1. Conduct a public hearing to discuss amending Article 7 of the City of Goodyear Zoning Ordinance pertaining to the regulation of temporary signs and amending Article 7 of the City of Goodyear Zoning Ordinance to provide for digital marquee signs. a. Open public hearing. b. Staff introduction/presentation. c. Receive public comments. d. Close public hearing. 2. ADOPT ORDINANCE AMENDING ARTICLE 7-9 (TEMPORARY SIGNS), AND ARTICLE 7-10 (SUBDIVISION SIGNS) OF ARTICLE 7 (SIGN REGULATIONS) OF THE ZONING ORDINANCE OF THE CITY OF GOODYEAR, ARIZONA, ADOPTED MAY 24, 1999, AS AMENDED, MODIFYING THE AMOUNT OF TIME TEMPORARY SIGNS MAY BE DISPLAYED FOR SPECIAL PROMOTIONS AND GRAND OPENINGS; CLARIFYING THE TYPES AND NUMBER OF TEMPORARY SIGNS THAT ARE ALLOWED; AMENDING THE KIOSK SIGN PROGRAM TO ALLOW ADVERTISING OF COMMERCIAL USES; ALLOWING AN INCREASE IN THE NUMBER OF FLAGS DISPLAYED AT A MODEL HOME COMPLEX; PROVIDING A 24-MONTH SUNSET PROVISION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 3. ADOPT ORDINANCE AMENDING ARTICLE 7-5 (DEFINITIONS) AND ARTICLE 7-8 (PERMITTED PERMANENT SIGNS) OF THE ZONING ORDINANCE OF THE CITY OF GOODYEAR, ARIZONA, ADOPTED MAY 24, 1999, AS AMENDED, ADDING A DEFINITION FOR DIGITAL MARQUEE SIGNS; AMENDING THE DEFINITION OF OFF-SITE SIGN; AND ADDING A PROVISION TO ALLOW DIGITAL MARQUEE SIGNS IN CERTAIN ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

2 EXECUTIVE SUMMARY: Staff prepared an amendment to the Zoning Ordinance to relax some of the restrictions related to temporary signs to provide businesses greater opportunity to advertise their business in light of the recent downturn in economic activity. The proposed amendment would allow temporary signs for Grand Openings and Special Promotions to be displayed in greater number and for a longer period of time; allow A-Frame signs in certain locations; allow the use of the residential kiosk signs for business advertising under certain terms and conditions. The amendment also would make certain minor clarifications and corrections to the existing regulations and add a provision to allow digital marquee signs on city-owned property. The Planning and Zoning Commission recommended approval at its October 20, 2010 meeting, subject to some additional modifications and a 24-month time limit. COMMUNITY BENEFIT: The Zoning Ordinance regulations related to signs are intended to promote public welfare and safety by safe placement and installation of appropriate, high quality signage; establish reasonable regulations to promote economic vitality for local businesses and services while balancing sign function with the community s aesthetic standards; and enhance the visual environment of the City of Goodyear by allowing adequate and effective signs while preventing signs from dominating the appearance of the area. The amendments proposed are intended to provide greater opportunity for advertising, while still maintaining the overall appearance of the community. CURRENT POLICY: Signs in the City of Goodyear are regulated by Article 7 of the Zoning Ordinance which underwent a comprehensive revision in March This section of the Zoning Ordinance regulates all manner of signs, including permanent and temporary signs. All portable signs are prohibited, including A-Frame signs, except as otherwise specifically permitted by another section of the Zoning Ordinance, such as Article 7-9 regarding Temporary Signs. This article creates two classes of temporary signs: (1) Temporary Signs allowed without a sign permit; and (2) Temporary Signs allowed by first obtaining a sign permit. Temporary Signs Without a Sign Permit: The Temporary Signs allowed without a sign permit are as follows: Political Signs; Ideological Signs; Window Signs; Garage, Yard and Estate Sale Signs; Residential Real Estate Signs; Open House Directional Signs; Sign Walkers; and signs for Special Events and Temporary Uses. Although no permit is required for these types of signs, there are standards that each sign type must meet in terms of number, size and placement. Temporary Signs With a Sign Permit: A sign permit is required for the following Temporary Signs: Grand Opening and Special Promotion Signs; Vertical Streetlight Banners; Real Estate Signs (for residential parcels larger than 5 acres and commercial and industrial lands); Future Development Signs on commercial or industrial sites; Construction Signs; and Interim Business Identification Banners (allowed until a permanent sign is installed, but not more than 90 days). As of July Page 2 of 10

3 1, 2010, the City now charges a $35 fee for temporary signs. Prior to adoption of the new user fee study and fee schedule, a permit was still required, but it was issued free of charge. The Temporary Signs most commonly allowed by permit in Goodyear are those that fall under the category of Grand Opening and Special Promotion Signs. The regulations for Grand Opening signs allow for the display of banners and pennants on the building or within the parking area. The maximum banner size is 48 square feet and a business may have one per street frontage. Grand Opening signs may be displayed for a period of 30 days from the date of opening or re-opening under new ownership. The regulations for Special Promotion signs allows for the display of banners and pennants (and other displays) on the building or within the parking area. The maximum banner size is 48 square feet and a business may have one per street frontage. Special Promotion signs may be displayed for a period of 10 consecutive days with a minimum of 30 days between each display period. What constitutes a special promotion sign is not defined in the ordinance, but it usually is requested for such events as a special sale (inventory reduction, end of year sale, or anniversary sale), summer camp at a church, discount rents at an office or retail complex, or other short term event. The temporary signs for Grand Openings and Special Promotions are further subject to certain standards and limitations: The use of animated signs or displays is specifically prohibited. This has been interpreted to include moving inflatable signs and flying banner signs. Temporary signs cannot be illuminated, except for searchlights. No temporary sign, pennant, banner, or display may be displayed on or above the roof of the building. All inflatable displays and balloons must be tethered and may not extend above the maximum building height allowed by the zoning district. They also may not occupy any required parking spaces. Even though the ordinance allows temporary signs to be displayed in the manner described above, local businesses have expressed concerns that the regulations do not allow A-Frame signs, which are a low cost method of advertising. While the ordinance generally prohibits portable signs, including A-Frame signs, there is an exception that suggests such signs may be permitted as temporary signs under the rules outlined above. However, the limitation on the amount of time such signs may be displayed usually is considered insufficient by most businesses who desire to display an A-Frame sign every day and often in a location within the public right-of-way or sidewalk, which is expressly prohibited. The only exception to this rule is the Western Avenue business district where A-Frame signs were allowed under the PAD for this area as a way of promoting a pedestrian-friendly environment. Also attached to this report is a copy of a handout recently prepared by the staff of the Community Development Department to assist businesses in understanding the current regulations related to temporary signs. Page 3 of 10

4 DISCUSSION: At a City Council work session held on August 30, 2010, the topic of temporary signs was reviewed with the Mayor and City Council. The staff report for this subject reviewed the existing regulations for such signs; enforcement efforts related to this type of sign, and similar regulations from other cities in the Valley. The same information is contained within this report, along with a set of recommendations for potential changes to the temporary sign regulations. The current regulations were described under the section entitled Current Policy. The next section will discuss enforcement efforts. Enforcement Efforts: Since the beginning of 2010 through end of June, 33 permits had been issued for temporary signs that meet the Zoning Ordinance s standards. Enforcement of the Temporary Sign regulations is a challenge that the Code Compliance Division has been trying to meet. The most common violations involve temporary signs that are placed in the public right-of-way or attached to some pole or structure in the right-of-way, and temporary signs that have been placed without a permit, such as bandit signs, garage and yard sale signs, A-Frame signs, and wind sail signs. If a sign is within the public right-of-way, or attached to a pole or structure in the public right-of-way, the Code Compliance Officers have the authority to remove and confiscate the sign. If the sign is located on private property, the owner of the sign is contacted and directed to remove the sign. If it is not removed, or if it is replaced after being removed, a citation can be issued. A commercial sign is usually not removed by the Code Compliance Officers unless the sign somehow impedes the public right-of-way. The Code Compliance Division had indicated that they have made about 60 contacts so far this calendar year regarding A-Frame signs alone. Some of these contacts were repeat contacts involving signs that had been replaced after it had been ordered removed. Regulations of Other Valley Cities: Staff contacted ten other communities regarding their rules related to A-Frame signs. The cities of Chandler, Glendale, Peoria, Phoenix, and Scottsdale prohibit A-Frame signs on both public right-of-way and private property. The results are summarized in the table below. Tempe prohibits them in the public right-of-way (except for the downtown area where they may be allowed with a separate encroachment permit), but allows them on private property if displayed within 3 feet of building and within 10 feet of the front entrance to the building, as long as ADA access requirements can be met. Avondale prohibits them in the public rightof-way, but allows them on private property with an annual permit. Surprise prohibits them in the public right-of-way, but allows one temporary sign per street frontage (max. 2) up to 32 square feet in area on private property in commercial areas for a total of 90 days in a calendar year. Gilbert has allowed them on both public right-of-way and private property subject to certain standards. Gilbert just increased the number of A-Frame and Flying Banner signs businesses with less than 10,000 square feet may have from one to three, and loosened its regulations on flags and banners to assist small businesses located in shopping areas where the major tenant stores are vacant and the cost for a sign on the tenant identification monument sign may be too expensive. The changes to the sign ordinance will be reviewed by the Town Council in Page 4 of 10

5 two years to determine if the changes should stay in place or be repealed. As recently amended, a business in Gilbert with less than 10,000 square feet of floor area may have up to three A-Frame or Flying Banner signs during the hours that the business is open, with only one on any adjacent street frontage no closer than 2 feet to the back of curb. The A-Frame sign may not exceed 24 inches in width and 44 inches in height (about 7 square feet in area), while a Flying Banner sign may be as tall as 8 feet and have 18 square feet in area. The A- Frame and Flying Banner signs are not to be located in any raised or painted medians; across the street from the business being advertised; in parking aisles or stalls; in driving lanes; on equestrian or multi-use trails; within 20 feet of any other A-Frame sign or Flying Banner; or within 30 feet of an access drive or street intersection. City A-Frame Banners Inflatable Flags Avondale Yes Annual Permit Yes Annual Permit Yes Annual Permit Yes Annual Permit Buckeye Yes - Permit Yes Permit Yes Permit Yes - Permit Chandler No Yes Permit Yes Permit Yes Permit Gilbert Yes Yes Permit No Yes Permit Glendale No Yes Permit Yes Permit Yes Peoria No Yes Permit Yes Permit Yes Phoenix No Yes Permit Yes Permit No Scottsdale No No No No Surprise Yes Yes Twice, 30 days No Yes Tempe Yes - Restrictions Yes Permit Yes Permit Yes Summary and Recommendations: The City of Goodyear adopted a comprehensive revision to its sign regulations in 2002 around the same time the City s Design Guidelines were being developed and adopted. The purpose of sign regulations is to promote the public welfare and safety by safe placement and installation of appropriate signage and to balance the function of signs with the community s aesthetic standards and desire for high quality signage. Under that revision, as well as in the update adopted in 2009, businesses are afforded the opportunity to advertise their business through wall signage, multi-tenant monument signs situated near the street, window signs, and temporary signage for periodic special promotions and special events. In addition to sign regulations, the City has promoted the advertising of homebuilders throughout the community through the residential kiosk sign program which helped eliminate the numerous bandit signs that would pop up every weekend to direct prospective buyers to the homebuilders model home displays. Some cities, such as San Antonio and Houston, have had so many problems with bandit signs that they have declared them trash so that they may be lawfully confiscated and disposed of by anyone; and whoever s name appears on the sign can be cited for a sign code violation under a presumption of ownership. So far Goodyear has avoided such an extreme problem, but the proliferation of signs detracts from the appearance of the community and it has not been documented that this type of signage substantially improves business activity. The City s current sign regulations may be more restrictive than some communities in some respects, but they are similar to other Valley cities that value high quality signs and community appearance, such as Glendale, Scottsdale and Chandler. As noted in the purpose Page 5 of 10

6 and intent section of the sign ordinance, the regulations are intended to promote attractive and high quality signage while balancing the business community s need for advertising with maintaining the community s aesthetic standards and preventing signs from dominating the appearance of the area. The temporary sign regulations were drafted to allow such signs for specific periods of time and a limited number of times per year to avoid visual clutter while maintaining an attractive appearance in the city. Banners are the most frequently used type of temporary sign that is used to advertise sales, special events, or even community-wide events, such as spring training or racing, although flag signs, pennants, and balloons have been allowed, particularly during grand openings. Staff does the best it can within the confines of the regulations to assist businesses in displaying as much advertising as possible, while attempting to maintain the appearance of the community. Compared to other communities in the area, Goodyear s appearance is still quite good considering the downturn in the economy. Most often complaints regarding the temporary sign restrictions come from businesses that lease space in shopping centers or flex industrial projects and either don t have tenant identification signs, or if they do, may not have space available on the tenant identification signs at a reasonable rate. The other opportunity for advertising available to a business is the use of a sign walker, since this type of sign is allowed, pursuant to State law. Staff recognizes that no comprehensive sign regulation is perfect and the City s may benefit from some minor adjustments. For this reason, staff is recommending that certain modifications to the Zoning Ordinance be considered for the purpose of expanding the amount of time that Grand Opening and Special Promotion signs may be displayed; also allowing banners on non-street frontage sides of buildings; and allowing A-Frame signs, but only adjacent to building entrances and subject to certain design and placement requirements; and allowing businesses to advertise on unused panels on the City s residential kiosk signs. The proposed revisions recommended in this text amendment are as follows: (1) The current code allows a banner to be placed either on the building, or elsewhere on the site in the parking or landscaping area, but not in both locations, and the number of signs is limited to one per street frontage. The amendment proposes to allow expansion of this provision to allow a banner on each building face. An additional banner will be allowed along any non-street frontage building face, which is greater than currently allowed. The freestanding banner would be allowed in place of a banner attached to the building on the same street frontage. (2) A provision also was added to limit the number of freestanding banners to one per street frontage where there are multiple businesses on the same site to avoid a proliferation of freestanding banners. The Zoning Administrator may authorize additional freestanding banners where the size of the property justifies the placement of additional signs. (3) The current code allows banners and other displays without specifying what the term other displays means. To distinguish Grand Openings from Special Promotions, additional terms were added to each to clarify what was allowed. The term Page 6 of 10

7 searchlights was added to the list of allowed advertising devices for Grand Openings, but for a limited duration of three days and provided it does not interfere with air traffic in the area. The list of allowed advertising devices for Special Promotions has been modified to replace other displays with balloons and inflatable signs, but excludes streamers and pennants to further distinguish a Grand Opening event from a less extraordinary Special Promotion. (4) The proposed amendment would extend the amount of time that temporary signs may be displayed for a Grand Opening event from 30 days to 60 days. (5) The proposed amendment would extend the amount of time that temporary signs may be displayed for a Special Promotion event from 10 days to 20 days, while keeping the same 30 day period between events. This will increase the maximum amount of time a temporary sign may be displayed from 90 days under the current rule to 140 days, however, if displayed to the maximum, the number of displays throughout the year could go down from 9 to 7. There is nothing to preclude a business from reducing the number of days that a temporary sign is displayed to increase the number of times it is displayed, as long as there is 30 days between display periods. (6) A statement was added to the standards for the display of temporary signs to make it clear that flying banners and animated inflatable signs or devices are not prohibited. A statement also was added to the standards for the display of temporary signs to clearly allow searchlights for Grand Opening events, but only for three days and subject to a determination that they will not interfere with air traffic in the area. (7) The proposed amendment would allow a business to display one A-Frame sign per business adjacent to the entry to the business. The content displayed on an A-Frame signs is generally fairly small and is most visible to pedestrian traffic. The standards proposed for the A-Frame signs would limit the location of the sign to within three feet of the building and ten feet of the entrance. The maximum size would be six square feet with a maximum height of three feet. The signs shall be constructed of durable materials and colored white or some other color that is consistent with the building and its signage. The signs shall not be illuminated or animated and shall only be displayed during business hours. (8) The proposed amendment would amend the residential kiosk sign program to allow the use of unused sign panels to display directional information about nearby businesses, but only on a secondary priority and space-available basis. Lastly, the draft amendment has been revised to clarify that flying banner signs and animated inflatable signs are not permitted, but searchlights may be allowed for a limited duration (three days) during a grand opening event, provided it does not interfere with air traffic in the area. It is the intent of this amendment to provide the opportunity for businesses to display temporary signs for a longer period of time, while maintaining the temporary status of these signs. Permanent signs generally are required to be limited in size and designed in a certain manner, i.e. using individual pan channel letters rather than cabinet or box signs. By Page 7 of 10

8 changing the number of display days from 10 to 20, a business could have a temporary sign display a total of 140 days a year, or about 38% of the year. Temporary signage displayed for a longer period of time may become more permanent than temporary in nature. With respect to A-Frame signs, the intent of this amendment is to provide some opportunity for their use, but still maintain the restriction against placing them in the right-of-way. While some other cities may allow this practice, staff is concerned that allowing this type of display along street frontages, even on a trial basis on a continuous basis, would result in the same type of sign clutter that the City has tried to avoid by prohibiting bandit signs and signs attached to utility poles and traffic signs, and could proved difficult to repeal once it has been put into place. In summary, the overall appearance of the city has remained relatively good in spite of the current economic conditions. This is due in large part to the regulations the City has in place and the personnel who are committed to enforcing those regulations. The changes proposed will provide the business community with a greater opportunity to use temporary signs to promote their businesses without resulting in an over proliferation of signs in the community and maintaining the overall quality of the community s appearance. FISCAL IMPACT: There will be no direct fiscal impact on the City as a result of the changes recommended since any regulation will require some level of enforcement. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission reviewed the proposed text amendment to the temporary sign regulations at its regular meeting held on October 20, At that meeting, staff presented additional language to be considered along with the amendment to the temporary sign regulations pertaining to digital marquee signs. Staff also entered into the record correspondence from the Arizona Multihousing Association and from the Homebuilder Association of Central Arizona which contained their comments and reviewed each comment with the Commission. The Commission members expressed sympathy for the plight of local businesses in light of the current economic downturn, but some also expressed concerns about the number of temporary signs already displayed around the city and questioned whether an easing of restrictions would result in more signs. The Commission also felt that doubling the number of days that temporary signs could be displayed was too much of an increase and any easing of the sign regulations should be for a temporary time period, such as 24-months. Several of the commission members also expressed their objection to the proposal by staff to allow unused sign panels on the residential kiosk signs to be used for advertising businesses. None of the Commission members indicated any concern about the addition of the language pertaining to digital marquees. On a motion by Comm. Peters, seconded by Comm. Schlosser, the Planning and Zoning Commission recommended approval of the changes recommended by staff subject to the following revisions: Page 8 of 10

9 1. The number of days that Grand Opening Signs may be displayed should be decreased from the proposed 60 days to 45 days (currently 30 days); 2. The number of days that Special Promotion Signs may be displayed should be decreased from the proposed 20 days to 15 days (currently 10 days); 3. A reference to the mileage (distance) to subdivisions displayed on the residential kiosk sign should be allowed; 4. The number of flags allowed at a residential subdivision should be increased to four per model home, not to exceed a maximum of eight (currently six maximum); 5. A provision should be added to allow digital marquee signs on city-owned property under a license agreement; 6. The changes recommended should be implemented for a 24-month time period only; and 7. Businesses should not be allowed to advertise on unused panels on the residential kiosk signs, as previously recommended by city staff. To facilitate consideration of these changes, the recommendation has been converted into two proposed ordinances (A) Ordinance A is the proposed amendment to the temporary sign regulations; and (B) Ordinance B is the proposed amendment to add a provision for digital marquee signs. Please note that all of the changes recommended by the Planning and Zoning Commission have been incorporated into the proposed ordinances, except for the change recommended by the Commission not to allow unused panels on the residential kiosk signs to be used by local businesses. If the City Council wishes to accept the recommendation made by the Planning and Zoning Commission, the proposed Ordinance A should be adopted without Section III. In addition, Section I of the proposed Ordinance 4351A contains the recommendation of the Planning and Zoning Commission to decrease the number of days that Grand Opening Signs may be displayed from the originally proposed 60 days to 45 days (currently 30 days), and to decrease the number of days that Special Promotion Signs may be displayed from the originally proposed 20 days to 15 days (currently 10 days). If the City Council wishes to adopt the longer time period, the proposed Ordinance A will need to be changed before it is adopted to include the greater number of days. Section I also includes language to sunset the proposed changes on January 1, The sunset language will essentially revert the changes back to the current language in the sign regulations. If the City Council does not wish to include a sunset provision for the changes, then the proposed Ordinance A should be adopted without this language. Section II of the proposed Ordinance 4351A contains the recommendation supported by both staff and the Planning and Zoning Commission pertaining to A-Frame Signs. Section II also Page 9 of 10

10 includes language to sunset the proposed changes on January 1, The sunset language will essentially remove the provisions for A-Frame Signs from the sign regulations after approximately 24 months. If the City Council does not wish to include a sunset provision for the changes, then the proposed Ordinance A should be adopted without this language. Lastly, Section IV the proposed Ordinance 4351A contains the recommendation of the Planning and Zoning Commission to increase the number of subdivision flags, but it does not include a sunset provision. The Planning and Zoning Commission did not make it clear whether this change should be included in the 24-month sunset provision, and staff did not feel that it was not significant enough to sunset it after two years. If the City Council wishes to include a sunset provision for the changes, then the proposed Ordinance A will need to be revised prior to its adoption. Staff will be prepared to review these changes with the Mayor and City Council at the November 15, 2010 meeting and assist the Council with its adopting motion. ATTACHMENTS: 1. Ord. No Proposed Revisions to Article 7 Temporary Signs 2. Ord. No Proposed Revisions to Article 7 Digital Marquee Signs 3. Existing City of Goodyear Zoning Ordinance Articles 7-9 and Summary of Proposed Changes to Article 7 5. City of Goodyear Temporary Signs for Businesses Information Sheet July Correspondence from Arizona Multihousing Association 7. Correspondence from the Homebuilder Association of Central Arizona 8. Planning & Zoning Commission Minutes from October 20, 2010 Meeting PREPARED BY: Joe Schmitz Planning Manager Page 10 of 10