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HomeMy WebLinkAboutDiscussion and Direction regarding Sign Regulations in the BMC.pdf 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Interim Planning Director Chris Kukulski, City Manager SUBJECT: Work Session re the sign code, Chapter 18.52, BMC MEETING DATE: August 23, 2010 AGENDA ITEM TYPE: Action Item. RECOMMENDATION: Consider the presented information and decide whether and how to proceed with ordinance revisions. BACKGROUND: On February 22, 2010, the City Commission adopted their 2010-2011 work plan. Item 2.2 under new initiatives directs consideration of amendments to the regulations related to signs. Staff has done research on the subject as well as considering public comments. Several broad areas have been identified for consideration. Issues and ideas are presented below grouped by subject. Staff requests direction by the Commission on which of these items to pursue further. Questions are numbered under each section. Some general information relating to sign status is provided at the end of this memo. Chapter 18.52 of the municipal code sets the majority of regulations regarding signs. Chapter 18.80 contains the definitions for all of Title 18, Unified Development Ordinance, including signs. The regulations created include setbacks, height limits, temporary and permanent permits, exemptions from permits, and maximum area of signs allowed in each zoning district. The maximum sign area allowed varies by district in part because the need for advertising varies. For example, a residential complex has less need, but not no need, to advertise than a store located in a business district. The essential structure of the City’s present sign code was adopted in 1991. The purpose of this discussion is to obtain general direction from the Commission regarding possible text amendments. All references to numbered sections are from Title 18, Unified Development Ordinance, Bozeman Municipal Code. The definition for sign is: “18.80.2790 SIGN Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.” 125 2 Points for discussion: A. Window Signs Window signs are defined as: “18.80.3210 WINDOW SIGN Any sign painted, attached, glued or otherwise affixed to a window for the purpose of being visible from the exterior of the building.” Window signs are given special treatment in Section 18.52.050.B where they are exempted from: 1) permit requirements and 2) from applying toward the maximum sign area allowed a business. These exemptions are conditional on the signs occupying 25% or less of a window area. Window signs larger than 25% of the window area count towards the maximum sign area for the district. The definition and exemption have been unchanged for many years. Staff recommends two additional definitions be created to help clarify the application of regulations. 1) Define display of goods – Traditionally, there has been a distinction between a sign and the display of goods for sale. The City has encouraged the display of goods to provide visual interest along the street similar to the kinds of large display windows seen Downtown. Not all development is well suited for this kind of display. Examples of distinguishing factors could include depth of window display area or actual products rather than pictures of goods being shown in the window. The City has encouraged the use of display cases in lieu of clear glass storefronts on the backsides or sides of buildings where they face a public street and the primary entrance is located to the side of the building or the interior of the parking area on the opposite side of the road way. This is recommended by the City’s Design Objectives Plan and has been used with various successes on multiple projects within the Entryway Corridors. To encourage compliance with this guidelines staff has not been regulating commercial messages enclosed within display cases as signage. The cases are typically 12”- 24” in depth, include lighting and are accessible from the interior of the building. The displays can be posters, seasonal displays, community oriented, or actual merchandise. The practice has been common in the downtown core historically, where window displays were the primary way business owners attracted pedestrians into their storefronts. This dynamic changes some when display cases are utilized on businesses setback 50 feet from arterial corridors where mainly motorists are viewing the messages at 45mph. 2) Define specifically what constitutes a “window” for purpose of window signs and the exemptions. A glass area can be separated from another by large wall area or by a small divider. As shown in the image below some window separations are more obvious than others are. It is suggested to establish a maximum width of separating mullions to be considered a separate window. For example, the standard storefront systems have a mullion width of 2 inches between panels. 126 3 Traditionally, primary signs are placed outside of window area. The ability to see into a building has a significant impact on how the building is perceived, especially along a highly pedestrian environment. The City has established required transparency standards in some commercial areas through the Design Objectives Plan and zoning districts. If windows are fully blocked it can negatively influence the building design. The amount of window area varies significantly by building. Therefore, the amount of additional signs area allowed through window signs also varies significantly in a manner outside of the typical formula for sign area. This makes program administration more complex and may lead to perceptions of inequity in the opportunity for signage. The existing sign regulation does allow a window sign greater than 25% of the window area but it counts towards the maximum allowed sign area and requires a sign permit similar to wall signs. This assists in ensuring equity of program administration and opportunity. 3) Section 18.52.050.B specifically says that window signs have to be painted or physically affixed. This section predated the development of the printed film materials for window signs. Staff has interpreted the static or adhesive attachment to the window by the new window films to meet this requirement. Therefore, they have been allowed to use the exemption. Staff wishes to know if Commission considers this a correct application of the exemption. 127 4 Public comment received: Enforce the 25% rule such that businesses are simply able to use 25% of their total window square footage for signage that does not require additional permits and fees - opposed to the long-standing enforcement of "25% of each individual window pane". B. Sign Area Section 18.52.060 sets the quantity of maximum sign area and has formulae for calculating maximum wall sign area for each zoning district. The formulae allow a certain amount of sign area for each linear foot of building wall adjacent to the street. For example, in B-2 the formula is 1.5 sq. ft per linear foot. There is a maximum limit of sign area but no minimum. The building owner may use any of the allowed types of signs in distributing the maximum sign area. In the Entryway and Conservation overlay districts an applicant may propose deviations to allow additional sign area in exchange for design excellence or historic significance. Allowed sign types are wall (includes awnings), projecting, low profile free standing (monument), pole style free standing, and window. Staff seeks Commission input on possible revisions to Section 18.52.060. 1) Staff has been asked to give local businesses a preference in signs. The City cannot give preferential treatment based on where the ownership of a business is located. However, the City can establish neutral criteria that are responsive to local concerns. For example, many local businesses are smaller in physical scale. The City could revise the formula for calculating total sign area allowance to grant more area for the initial portion of building width, e.g. first 50 feet of building width to accumulate sign area at 2 sq ft rather than 1.5 per linear foot of wall length. This provides for a greater sign allowance for smaller buildings/tenants without raising the overall sign area maximum. This somewhat counteracts the effect of larger buildings being more visually prominent. In addition, this provision would address the current requirement that signage area is calculated based upon a linear building frontage. The City has adopted standards that encourage the placement of parking to the side and rear of the building. There is a disincentive for developers to place parking beside the building and orient the building perpendicular to the street placing the “long” façade of the building parallel to the street as envisioned in the design standards of the Design Objectives Plan. See Chapter 2, Section J, page 30 of the Design Objectives Plan for text and illustrations of this standard. The provision could increase the total signage area displayed in general across the City, especially in the B-2 District, as more buildings would reach the maximum area of signs allowed. The formula for sign area could be revised to encourage the building orientation desired by the City. Does the Commission wish staff to pursue this kind of change? 2) The City has begun to see development of multi-story buildings outside of the Downtown Core and located along the primary commercial corridors within the City (W. Main, 7th Ave., 19th Ave.) These building owners have requested commercial signage on the upper floors of these buildings. In downtown Bozeman, upper floor signage has little value to the building owner as most motorists do not have viewing 128 5 angles to the upper floors with the building located with no setbacks at the right of way line. Further out of the downtown core, the street section becomes wider and the buildings are set back further, sometimes 25 feet from the right-of-way. With this configuration is becomes easier for motorists to see the upper floors of the buildings and any associated signage. Speed of the viewer and the viewing angle strongly affects the ability to read a sign. A sign that is not readable does not serve its purpose. As buildings increase in height a wall-mounted sign becomes less effective and building identification signs and building directories become more effective. Instead of additional signage, it may be more effective to pursue better comprehensive sign plans that utilize the area already available. Does the Commission wish staff to further investigate the effect of height and differentiation of a sign area increase for multi-story buildings to accommodate signs on the upper floors? 3) Section 18.52.060.B – Staff suggests modifying the allowance for additional signage on a lot in the B-1 and R-O districts that have multi-building developments. Two items are suggested to be changed: 1) so that the extra sign area allowed only applies when there is more than one user on the lot; and 2) to not limit the number of buildings to which the additional sign area may apply. 4) Although there is a definition of sign area that describes how sign area is measured, Staff frequently receives questions on the subject. Staff suggests developing illustrations of how to measure sign area to account for unusual sign shapes, individual letters, backgrounds, and similar concepts. We believe that this would help improve understanding and support consistent application of the code. These illustrations could be incorporated into others we hope to have added to the UDO after codification is completed. Does the Commission wish Staff to develop illustrations? 5) Recently, the question of when a sign should be differentiated from art, specifically a mural, has arisen. There is a definition of “sign” but we do not attempt to define art. Staff suggests establishing a definition for “mural” which does not overlap with the definition of “sign.” Public Comment: Establish a clear definition of mural vs. sign. In my opinion, a mural could be related to the nature of the business, but can't have any logos or products clearly dominating the image. Murals should be allowed on the exterior or interior of the business, regardless of medium (i.e. paint, picture, etc on a window or wall). Perhaps this would need a "variance" permit that should be easy for businesses to attain. As a point of information, the following signs are not counted towards maximum sign area allowed in a district. · Addresses, which are required on freestanding signs, but the address cannot exceed the height limit for freestanding signs. 129 6 · Directories as long as they are on the building. Directories do not require a sign permit, but they should be included in comprehensive sign plans. · When counting individual letters signs, there must be a foot between each letter to be counted separately, or a foot between each word to be counted separately. The space between letters or words is not included in the sign area. · Names of buildings that are located on the building (ex. “Avant Courier” doesn’t advertise the business located in the building) · In multiple tenant buildings, a freestanding sign identifying the building or complex does not count to the total square footage allowed as long as it names the building and does not have tenant names on it. · “OPEN” or “CLOSED” signs but they must be on the building, not freestanding. · Window signs when they are less than 25% of the area of the window. C. Design Review Several items related to design review for signs are included on the Commission’s work plan. A status report on research in this area and several questions are presented below. A. Investigate a design review process. · We presently have the Certificate of Appropriateness (COA) review approval for Entryway Overlay (ECO) & Neighborhood Conservation Overlay (NCO). The Design Objectives Plan and Guidelines for the Neighborhood Conservation Overlay District both include specific design guidelines for signage in those Overlay Districts. The guidelines only apply in the City’s overlay districts and do not apply to areas Citywide. This process allows for deviations to numerical standards, such as area or height, in exchange for superior design. The process requires extensive review and documentation through a Certificate of Appropriateness with deviations. This option is not available everywhere in the community. A citywide signage design review program has not previously been considered as 80-90% of all commercial signage in the City lies within one of these Overlay Districts. The criteria included are general in nature and cannot address every possible combination of sign design scenarios. As such, the staff often relies on precedent of previous decisions and review of the signage design within the project vicinity. This can lead to assertions by applicants of subjectivity in decision- making. After having worked with both overlay design guidelines for several years, staff has a list of suggested changes that could be made to the guidelines to make the process clearer, more explicit, and to address the most common scenarios/problems that we see administering these guidelines. Most of these are directly related to items discussed in this memo. Part of the purpose of the COA program is to encourage quality materials, integration of building and sign design and creative signs. Staff has been discussing internally a potential amendment to the signage code to create a performance based sign ordinance based upon the quality of the signage. Under this standard the lowest quality signs would be allowed the least amount of area with the higher quality signage allowed increasingly larger sign area based upon quality. The higher quality signage at a larger size may have less impact on the community than a smaller sized, poor quality, poorly lit sign. An example of such a program could include categories such as: interior lit plastic face cabinet signs would be allowed the least amount of signage, interior lit individual channel letters would occupy the middle ground, and sculptural, artistically constructed, indirectly lit signage would received the most sign area. 130 7 The scope of the program could be structured to apply to only certain types of signs or could be broader. This kind of incentive structure would also advance the community goal of avoiding franchise architecture and signage. 1) Does the Commission wish staff to pursue this type of qualitative design incentives program? D. Administration Several items connected to ordinance administration related to signs are included on the Commission’s work plan. A status report on research/action in this area and several questions are presented below. B. Investigate eliminating a re-use permit triggering compliance of signs that are not changed. · BMC 18.52.190.A. states the eventual elimination of existing signs that are not in conformity with the provision of the chapter are as important as the regulation of new signs. Triggers that require this compliance: a. COA (excluding COAs only for renewable energy technology installation) b. Site Plan c. CUP d. Application with deviations e. PUD f. Change in sign copy (excluding changeable copy signs like reader boards) g. Re-uses (code amendment is required to change this standard) The numbers of signs that are altered to come into compliance with sign standards just based upon a reuse permit within the City are very small. This is because other sign compliance triggers exist that usually require the sign to comply in addition to a reuse permit. Anytime a sign is changed in copy it is required to conform, so that any business moving to a new location and or adding new signage to the new location would necessitate compliance. This provision alone accounts for most of the signage compliance in the City for individual tenant spaces. Staff does not require a reuse permit for all changes in uses. Section 18.34.170 sets the triggers for when a reuse application is required. Changing a like use to a like use (e.g. retail to retail) usually does not require a reuse permit, unless there are obvious site deficiencies. 1) After investigating the matter, Staff does not believe a text amendment to remove re- use as a trigger for sign compliance would create a material benefit. Does the Commission concur? C. Investigate the triggers necessitating sign compliance with current requirements. · BMC 18.52.190.C. states nonconforming signs may not be changed except for the following. a. Replaced except for conforming signs b. Changed in copy (includes sign faces on light boxes). Excludes reader board signs intended to be changed. c. Structurally altered except to extend its useful life. d. Expanded, moved, or relocated. 131 8 The Department processes hundreds of sign permits each year. New signs may be replacing a non-conforming or a conforming sign. A record has been kept of the non-conforming signs removed each calendar year since 2002. This is shown below. Comparing the last two columns in the table to the number of sign permits the last two years shows the proportion of non- conforming signs replaced each year to be small. FY 2009 398 sign permits FY 2010 342 sign permits Non-Conforming Signs Removed by Calendar Year Sign Type 2002 2003 2004 2005 2006 2007 2008 2009 2010 to Date Billboard 2 2 1 1 Pole Sign 13 12 7 4 1 4 7 2 2 Free Standing 4 2 3 2 2 3 2 Projecting 2 1 1 1 1 Roof 3 5 2 1 1 Abandoned 1 3 1 1 1 Total 24 18 19 6 2 8 12 7 5 101 Non-conforming signs do still exist. These include some that had a 50% one-time reduction in non-conformance such as U-Haul and the Cat’s Paw on N. 7th Avenue. Others are not so obvious. Newly developed areas have few non-conformities. The estimated non-conforming signs on the major corridors are: East Main Street 22 West Main Street 25 North 7th 20 Everywhere else 40 The City also requires the removal of abandoned signs. There is not a formal definition of what is an abandoned sign. The City requires removal of ‘ghost’ signs, i.e. legible outlines of removed signs, as part of the large-scale retail requirements of 18.40.180. Staff believes that the abandoned sign provisions can be improved in clarity. 2) Does the Commission wish staff to develop amendments defining and clarifying the abandoned sign requirements? D. Clean up the application and administrative appeals process. A new application template for sign permits has been created and implemented. The application form includes clear notice of the appeal procedures on the front of the application sheet. The application process will be charted out as part of the development of sample sign permits for web posting. E. Speed up the application and administrative appeals process. · Research appeals procedures for signs 132 9 Appeals of administrative decisions or interpretations are governed by Sections 18.66.030 and 18.66.040 locally and are also subject to the requirements of Section 76-2-326 of Montana statute. There is no distinction between appeals related to signs and other appeals. All appeals of administrative actions require a public hearing; and associated noticing in the newspaper not less than 15 days prior to the hearing. The City Commission hears all appeals of administrative actions or interpretations. We do not believe that the timeframe for appeals can be compressed any further than is presently done. · Return incomplete applications quickly · Process applications quickly The new application form simplifies the process of determining an application to be complete. Revised workflow structure has reduced steps in the review process. · Develop a sample sign application that would work as a template including exhibits Now in development. · Research electronic application and credit card payments We have verified that the current City owned project-tracking software does not allow submission of electronic applications. The vendor indicates that software does exist which could support such things but additional purchases of software would be required. The Department could add the capacity to take credit cards for payments of application fees without adding the application submittal software. The City Treasurer indicates that the costs for such added capacity is 3.5% - 5% of all credit card transactions. · Investigate how to exempt signs with a historical use from the sign code. Section 18.52.160 creates an allowance for a historically or culturally significant sign that does not conform to the present sign regulations to remain. It does not allow for new signs that do not conform. The City Commission must adopt findings in support of such a decision through a resolution. The COA process has been used to handle this type of application. The Bozeman Historic Preservation Advisory Board’s Planning and Policy Committee has begun discussing creation of a historic or cultural sign list. The purpose of a sign registry would be to protect signs that are historic or culturally important to the community of Bozeman, enabling the signs to remain as are when future development is proposed on the site. Preliminary policy ideas suggest that if a sign were placed on the historic/ cultural sign inventory, the sign could not be altered or demolished without a Certificate of Appropriateness process. Public Comment Encourage enforcement of sign code to be equal, city-wide ... opposed to the current "enforcement by complaint" model that is currently in place. Make the code simpler to read and comprehend for the lay person. Define the appeal/variance process simply with costs and procedures clearly defined. Consider that variance requests should go before a community board and a city representative for approval, taking the approval/denial process to a community and city collaboration 133 10 E. Other Matters F. Investigate monument signs with moveable lettering and how these fit into the sign ordinance. Monument Signs with movable lettering · Reader-board signs are strongly discouraged in the Entryway Corridor overlay. Strongly discourages means not usually allowed. Entryway Corridors are the location for a large portion of the commercial signs in town. Low reader board signs are less effective since the distance at which the changed text can be seen is short and give little reading time. · Fuel station pricing signs are treated the same regardless of where they are located. They are allowed price changing signs, but in the Entryway Corridor, not a reader-board. Monument Signs/Pole signs with replaceable panels · Monument signs with tenant listings are allowed outside of the Entryway Corridor where the speed of vehicle traffic is slower. The replaceable panels are made to be replaced as a whole and do not include movable letters. · PUD Pylon signs are generally with large commercial developments that ask for and are given sign relaxations through the PUD process. These PUDs often aggregate multiple freestanding signs into a single larger sign. The tenant names are usually larger and limited in number to what a person in a vehicle traveling at the speed limit can see in a glance. Animated signs · The Bozeman High School is on school district property and not subject to the City’s sign code for school district uses. It was requested of the School Board to follow the sign code voluntarily, but they decided to install the animated sign. · The MSU Music Department installed a similar, but lower animated sign on S. 11th Avenue on campus. MSU is likewise not subject to the City’s sign code for university uses. · Century 21 on West Main is the last non-public animated sign in the City. It will be required to come into conformance when one of the compliance triggers occurs as described above. Public Comment 6) Advise or Educate Developers on Comprehensive Sign Plan and what the ramifications are when they submit to the planning department. Check list for Developer to make sure they understand what exactly is and will be required of them. As noted above there are education efforts underway, these include: · Designed a new sign permit incorporating three applications into one, information on appeals, and directions to the sign code chapter of the BMC. This new permit was reviewed in-house by the appropriate overlay planners and sent out to over 25 sign companies. 134 11 · Nearing completion of a model sign permit to be posted on the web site. · When the model sign permit it completed, the path it takes when submitted to the planning department will be plotted. · Working on a model comprehensive sign plan to post on the web site. FISCAL EFFECTS: None at this time. Code amendments or changes to design guidelines will require: commitment of staff time, advertising costs, printing costs, public involvement, possibly software for document editing. ALTERNATIVES: 1) Direct staff to undertake text amendments as recommended by staff 2) Direct staff to undertake additional text amendments 3) Direct staff to take no action 4) Other actions s as suggested by the City Commission. Attachments: None Report compiled on: August 11, 2010 135