03-27-2006 CC - Laserfiche WebLink

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Sign Code Ordinance Report March 27, 2006 Page 2 Finally, the Council discussed at length the issue of Interim use Permits and the fact that the code would be amended to allow for a thirty-year lifespan. Clear Channel had requested permanent easements in certain areas however this request was universally opposed by the Council and was viewed as being completely inconsistent with the terms of the agreement. Discussion: The following summarizes the proposed changes to the Sign Code, section by section: Section 1: The amendments considered in this section simply eliminate a distinction between commercial and non-commercial language, the crux of the First Amendment issue. For a sign code to be consistent with the free speech doctrine, the provisions and requirements need to be “content neutral,” which is to say the requirements need to relate to the size and location of the sign as opposed to the actual language displayed on the sign. Section 2: The changes in this section are to the definitions, again removing language pertaining to commercial or non-commercial content. Also considered in this section is the deletion of the definition of a non-conforming sign which is addressed later in the ordinance. Section 3: Also removes the commercial non-commercial distinction. Section 4: This section clarifies the language relating to the waiver of a temporary sign permit fee charged to civic groups or religious organizations. Section 5: This change removes the ambiguity as to what would constitute basis for denial of a license. Section 6: This section changes the code to allow billboards in the B-2, B-3 and I-1 zoning districts. Also removes reference to the former PF, Public Facilities, zoning district. Section 7: The changes contemplated in this section increase the maximum height of a billboard in the allowed districts to 45 feet, consistent with what was authorized for the golf course site. Section 8: This clarifies that the one pylon or pole sign per lot requirement does not apply to Billboards. Section 9: The subdivision which grants authority to the Community Development Director to waive temporary sign permit fees for charitable, municipal or religious institutions is deleted. The clarified language in Section 4 supersedes. Section 10: The bulk of the changes contemplated by this ordinance are in this section and in response to the agreement between the City and Clear Channel Outdoor. The duration of Interim Use Permits is increased to 30 years from July 1, 2005. Also changed is where in the City billboards may be erected, expanding the “overlay” to anywhere along 35W and Trunk Highway 10 (subject to appropriate zoning), along Old Highway 8 and on County Road 10 south of Woodale Drive. (Refer to the map which highlights the previous permitted locations and the proposed new locations.)