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14.A.

Meeting Date:	06/07/2016
From:	Roger Eastman, Zoning Code Administrator

Information

TITLE:

Public Hearing, Consideration and Possible Adoption of Resolution Nos. 2016-21 and 2016-13, and Ordinance No. 2016-22: Public hearing to consider proposed amendments to Flagstaff Zoning Code, Chapter 10-50 (Supplemental to Zones), Division 10-50.100 (Sign Standards), and other related amendments in Chapter 10-20 (Administration, Procedures and Enforcement), Chapter 10-80 (Definitions) and Chapter 10-90 (Maps); consideration of Resolution No. 2016-13 declaring the proposed amendments as a public record; and adoption of Ordinance No. 2016-22, adopting amendments to Flagstaff Zoning Code Chapter 10-50 (Supplemental to Zones), Division 10-50.100 (Sign Standards), and other related amendments in Chapter 10-20 (Administration, Procedures and Enforcement), Chapter 10-80 (Definitions) and Chapter 10-90 (Maps), by reference, and consideration of Resolution No. 2016-21 to adopt the Flagstaff Sign Free Zone (Zoning Code Amendments - Sign Standards; adopting the Flagstaff Sign Free Zone)

RECOMMENDED ACTION:

At the June 7, 2016, Council Meeting:
1) Continue holding Public Hearing
2) Read Resolution No. 2016-21 by title only
3) City Clerk reads Resolution No. 2016-21 by title only (if approved above)
4) Adopt Resolution No. 2016-21
5) Read Resolution No. 2016-13 by title only
6) City Clerk reads Resolution No. 2016-13 by title only (if approved above)
7) Read Ordinance No. 2016-22 by title only for the first time
8) City Clerk reads Ordinance No. 2016-22 by title only (if approved above)
At the June 21, 2016, Council Meeting:
9) Adopt Resolution No. 2016-13
10) Read Ordinance No. 2016-22 by title only for the final time
11) City Clerk reads Ordinance No. 2016-22 by title only (if approved above)
12) Adopt Ordinance No. 2016-22

Executive Summary:

Amendments to Flagstaff Zoning Code Division 10-50.100 (Sign Standards) are needed in response to the US Supreme Court's decision last year in the Reed v. Town of Gilbert sign case. At a work session with the Council on December 8, 2015 the reason for these amendments was discussed and an overview of them was presented by staff. Council provided direction to staff on these amendments which has been included in the amendments, which were reviewed and recommended for approval by the Planning and Zoning Commission on February 24, 2016, attached to Resolution 2016-13. Recent revisions proposed after further legal review have been inserted in Track Changes format. Resolution No. 2016-21 is also attached if the Council agrees to the adoption of the Flagstaff Sign Free Zone.

Financial Impact:

Council's possible adoption of the proposed amendments to the City's sign standards will not have a financial or budgetary impact on the Comprehensive Planning and Code Administration Program's budget.

Connection to Council Goal and/or Regional Plan:

COUNCIL GOALS:
7) Address key issues and processes related to the implementation of the Regional Plan.

REGIONAL PLAN:
The Flagstaff Regional Plan 2030 supports the amendments to Division 10-50.100 (Sign Standards) with the following goals and policies:

Goal CC.1. Reflect and respect the region’s natural setting and dramatic views in the built environment. The proposed amendments support this goal by ensuring the aesthetic beauty of the City’s natural and built environment is protected (Purpose statement B.5).

Policy ED.7.1. Support planning, design, and development that positively, creatively, and flexibly contribute to the community image.”

Has There Been Previous Council Decision on This:

The Council held an executive session and work session on December 8, 2015 to discuss the proposed amendments to Division 10-50.100 (Sign Standards) and an additional executive session on April 12, 2016.

Options and Alternatives:

Please refer to the Expanded Options and Alternatives below.

Background/History:

In June this year the US Supreme Court rendered its decision in the Reed v. Town of Gilbert sign code case which clarified when government regulation of speech is content based. Content-based laws are presumptively unconstitutional. The Supreme Court's decision in the Reed case has wide-ranging implications for sign ordinances in cities across the nation.

The key takeaway from the Reed case is that cities cannot categorize signs based on the topic or message being conveyed and then impose restrictions within each content-based category. For example, the current sign code provides different standards for different types of temporary signs such as real estate signs, new development construction signs, political signs, and commercial advertising signs. Subjecting each category of signs to different restrictions is no longer permissible under Reed.

As a result of the Reed decision, every sign code needs to be carefully scrutinized to ensure that it does not contain content-based regulations. Planning staff has worked closely with the City's Attorney's office to understand the implications of the Reed decision on the City's sign code and over the past few months has developed many ideas for amendments to the sign regulations. Staff also participated in a professional development workshop hosted by the Arizona Planning Association in August 2015 on the implications of the Reed case, and was a presenter at professional conferences in October and November (Quad States Conference in Kansas City in October and the Arizona Planning Association annual conference in November), and most recently the New Jersey Planning Association conference in January 2016, in which the principles behind the City's draft amendments were presented to the attendees. Staff took advantage of being at these conferences to talk with planners and attorneys familiar with the Reed case to solicit their input and ideas on the City's ideas. The response was very supportive and favorable.

A summary of this important case is provided in the first attachment, "An Overview of Reed v. Town of Gilbert, US Supreme Court No. 135 S.CT. 2218, 2015."

Key Considerations:

The proposed amendments to Division 10-50.100 (Sign Standards) are intended to ensure consistency with the US Supreme Court’s decision, and to streamline, simplify, and improve the standards to provide flexibility and maintain a positive community image, while supporting the needs of business owners.

Resolution 2016-13 (2016 Amendments to City Code Title 10, Zoning Code, Division 10-50.100 (Sign Standards) and Other Related Divisions) is attached. This is a “Clean” version of the amendments to the sign standards and other related Sections of the Zoning Code with all changes accepted to assist in the Council's review, except that recent revisions proposed after further legal review have been inserted in Track Changes format. This version has been reorganized into a more logical structure, cross references and formatting are completed, and it is a final version. A “Track Changes” version of the draft amendments that shows new text in underline and text to be deleted in ~~strikeout~~ is also attached, as is Ordinance 2016-22.

The majority of the amendments included within this Division, especially in the Portable Signs Section (formerly Temporary Signs), are proposed in response to the US Supreme Court’s decision in the Reed v. Town of Gilbert sign code case to ensure that the City’s sign provisions are content neutral. The Planning and Zoning Commission as part of their review of the entire Zoning Code in June 2015 recommended approval of a few minor amendments within the Permanent Sign Section of the Code (Section 10-50.100.060), and these, together with additional amendments, especially in the Portable Signs Section (10-50.100.090) are included in the attached amendments documents. The narrative below provides an overview of the more substantive amendments organized by Section and Subsection.

10-50.100.010 Purpose

B. Includes minor amendments to remove redundant language and improve readability.
C. Table 10-50.100.010.A (Sign Types) has been deleted as it provided information of little value to readers and users of the Code.

10-50.100.020 Applicability

A.4 The text describing how the sign standards are applied for permanent signs across the whole City and within the Flagstaff Central District and Historic Downtown District has been moved to the permanent sign Section (10-50.100.060). The provision allowing for speech in a traditional public forum has been moved from Section 10-50.100.040.A (Location Restrictions) to this Section where it is more appropriately placed.
B. Interpretations. Includes additional language to provide that non-commercial speech may be substituted for commercial speech on a sign without the need for a permit.
C. Exemptions.
- The following Subsections have been deleted or removed from this Subsection:
  - Display Board for Daily Specials
  - Political Signs
  - Neighborhood or District Signs (now included within Section 10-50.100.100.A (Flagstaff Central District)
  - Non-Structural Modifications and Maintenance (moved to the Section 10-50.100.030 (Sign Permit Requirements)
  - Real Estate Signs
  - Signs Required by Law (now included within governmental signs)
  - Vehicle Signs (Moved to Table 10-50.100.060.P (Standards for Other Sign Types))
  - Yard and Garage Sale Signs
- The following Subsections have been updated to clarify standards and improve readability:
  - Flags: The former text concerning flags has been deleted to ensure consistency with the Reed case.
  - Governmental Signs (includes property address signs)
  - Internal Signs and Signs within City Recreation Facilities.

10-50.100.030 Sign Permit Requirements

A. The requirement for Temporary Sign Permits for all temporary signs has been modified to only require a permit for Temporary Wall Banner Signs. The draft amendments contemplate that all other temporary signs (i.e. Portable Signs) will not be subject to a permitting requirement.
C. The standards for Non-Structural Modifications and Maintenance have been moved from Subsection C. (Exemptions) to this Section where they more appropriately should be placed.

10-50.100.040 General Restrictions for All Signs

A. Location Restrictions ~~Prohibited Signs~~. Includes minor amendments to remove redundant language and improve readability. Former section name accepted so that a new Prohibited Sign Section can be added – see B. below.

Included in the proposed amendments (Page 50.100-11 of the attachment to Resolution 2016-13) is an alternative to the prohibition of all signs (other than government signs for public safety purposes) in the current Sign Code. This alternative would allow for the following:
1. Prohibit permanent signs within, on or projecting into the City right-of-way;
2. Prohibit the placement of signs containing a commercial message within City rights-of-way; and
3. Prohibit portable signs within the Flagstaff Sign Free Zone.

The provision allowing for speech in a traditional public forum has been moved to Section 10-50.100.020.A (Applicability), and the standards for signs on vehicles have been moved to Table 10-50.100.060.P (Standards for Other Sign Types). The standards prohibiting a vehicle from being used as an advertising sign have been deleted from this Subsection as they are included in Table P. Also, an amendment to this Section clarifies that no signs may be placed on the roof of a building except as permitted in the Roof Sign Subsection (10-50.100.060.C.4.b.(11).

B. Prohibited Signs. This is a new section to include billboards, bandit signs and stuffed or inflated animal signs.
C. Display Restrictions. Includes minor amendments to remove redundant language and improve readability.

10-50.100.050 General Requirements for All Signs

No significant amendments are proposed in this Section except to include an additional photograph to better illustrate how to calculate sign area.

10-50.100.060 Permanent Signs

C.4.b.(2) Building Mounted Signs. Includes minor amendments and an illustration to clarify and better explain the standards for sign placement.
C.4.b.(5) Driveway Signs (formerly Directional Signs). Includes minor amendments to remove the requirement that these signs may only be approved as part of a Comprehensive Sign Program.
C.4.b.(7) Freestanding Signs. Includes a new standard to allow for a freestanding sign to be mounted on two or more posts. A new standard specific to the post signs typically used to advertise a property or building for sale, rent or lease is also included.
C.4.b.(14) Window Signs. Includes an amendment to accommodate open signs. Also, the combined area of permanent and temporary window signs has been increased from 25 to 40 percent of the window area.
C.4.b.(15) Vehicle Signs (formerly Other Sign Types). This Subsection now only applies to vehicle signs. The standards for fuel pump topper signs have been deleted as these are portable signs not permanent signs; the standards for open signs have been removed (inserted into Window Signs – see above); the standards for vehicle signs have been moved from the Exemptions Subsection into this table and a statement regarding the intent of the regulations has been inserted; and, the standards for vending machines have been deleted as they were hard to apply and enforce.

10-50.100.070 Comprehensive Sign Programs

C. Review. Includes a minor amendment to also allow this Section to also apply to building mounted signs.

10-50.100.080 Sign Design Performance Standards

B. Cumulative Adjustments. Includes a minor amendment to correct an error to ensure consistency with other applicable standards.

10-50.100.090 Portable Signs

In order to ensure that the City’s temporary sign regulations are consistent with the US Supreme Court’s decision in the Reed v Town of Gilbert sign case, numerous and significant amendments are proposed in this Section to ensure that the City’s sign provisions are content neutral.
The Council directed staff to draft revisions to the Temporary Sign Section to allow temporary signs to be displayed for an indefinite period of time without the need for a permit, subject to various standards that, for example, limited the total area of the signs, their placement on private property, etc. This means that the signs are hardly “temporary”, and staff has suggested instead that they be called “portable signs”.

Key decision points – Portable Signs:

No portable signs will be permitted in public right-of-way (both City and ADOT).
No permit will be required for portable signs, except temporary wall banner signs.
It was agreed that all portable signs may be displayed for an unlimited period of time and will not be required to be removed at the close of business as originally proposed by staff. An exception is that temporary wall banner signs may only be displayed for 30 days. For this reason as these signs could be in place for extended periods of time and, therefore, are not really “temporary”, they have been called “portable signs”.
An area limitation will be established to determine the maximum area of portable signs permitted in residential zones (16 sq. ft.) and non-residential zones (originally proposed as 32 sq. ft. and reduced to 24 sq. ft.). Staff has proposed that the area of temporary wall banners (max. 24 sq. ft.) should not be included in this area limitation
Temporary window signs will also not be included in the area allowance for portable signs.
The Flagstaff Sign Free Zone as authorized under ARS § 16.1019 is included in the proposed amendments.

A. Purpose. A minor amendment is proposed to eliminate redundant language.
B. General to All.
- Clarifies that a temporary sign permit is only required for a temporary wall banner sign. It has been renamed as a Temporary Wall Banner Sign Permit.
- The redundant provisions stating that portable signs may not be illuminated (this standard may be found in Table 10-50.100.090.A) and the sign standard for events on City property approved under a Special Event Permit have been eliminated (See Section 10-50.100.090.B.3).
- The provision allowing for speech in a traditional public forum has been moved to Section 10-50.100.020.A.4 (Applicability) where it is more appropriately placed.
- The provision that allows the removal of portable signs in public right-of-way and in clear view zones by City code enforcement staff when a hazard to pedestrian or vehicle traffic is present has been moved to Section 10-50.100.120 (Enforcement).
- A new standard is proposed that establishes no limitations on the length of time that portable signs may be displayed except for temporary wall banners.
C. Standards for Portable Signs. This Subsection has been significantly shortened and most of the former standards have been eliminated because they were content-based. This includes for example, the standards for various signs (e.g. temporary construction signs, signs for temporary uses, new occupancy or use signs, grand opening signs, directional signs, promotional signs, going-out-of-business signs, etc.). Furthermore, the standards for different sign types (e.g. A-frame or upright signs, feather or vertical banners, and wall banners) have been consolidated into one table (Table 10-50.100.090.B) to eliminate redundancy and to simplify the Code. This Section has also been reorganized as summarized below:
- 1. Time, Place and Manner Restrictions for Portable Signs.
  A new Table 10-50.100.090.A provides all the standards applicable to the placement of portable signs. It is divided into three sections: Applicable to All Zones (e.g. includes standards on what elements are prohibited on a portable sign and design and construction standards); Commercial, Industrial and Other Non-Residential Zones; and All Residential Zones (each of these subsections includes standards on period of use, hours of use, allowable sign area and number of signs). A content neutral standard is assured because the sign message is not regulated. However, the total area of portable signs in commercial zones is limited to 24 sq. ft. per business while the total area of portable signs in residential zones is limited to 16 sq. ft. per lot or parcel. This maximum sign area limitation allows for multiple portable signs to be displayed with a variety of messages (may be political, business advertising, or ideological) provided they do not exceed the area limitation. Consistent with Council’s direction provided in the October 8^th work session, the area of temporary window signs and temporary wall banners is not included in the total sign area for portable signs.
- 2. Standards for Specific Portable Sign types.
  Table 10-50.100.090.B consolidates the area, height, width, and number of signs, etc. standards for various portable sign types, including A-frame or upright signs, feather or vertical banner signs, wall banner signs, and a new sign type, yard signs. End Note #1 allows for various other types of portable signs such as fuel pump topper signs or balloon bobbers. Balloon bobbers are preformed into the shape of a balloon but are not inflated with pressurized air and are typically attached to a short pole or stick. End Note 2 is also proposed to be deleted.
- 3. Civic and Non-Profit Events Signs on City Approved Sign Support Structures.
  The standards in this Subsection are unchanged except that a purpose statement has been added that clarifies that signs advertising a community event may be placed on these sign structures rather than the current standard which requires them to be located on the sign structures.
- 4. Sign Walkers.
  The existing standards have been simplified to make them easier to apply, and updated to be consistent with Arizona law.

In the alternative, the following options may be considered by the Council (Note that after discussing these options the Planning and Zoning Commission agreed to recommend approval of the approach to sign regulation presented in the attached amendments):

OPTION 1: Require a permit for all temporary signs and limit the display time that temporary signs may be displayed (may be anywhere from 60 days to 5 months). Under this option there would be no need for the proposed “portable sign” amendments as the length of time that they would be displayed will be limited. Enforcement and permitting of this option will be challenging and may be burdensome on staff. All temporary signs (except wall banners) could be required to be removed at the close of business (current code standard) or permitted to remain in place overnight (staff’s preferred approach). Note that as all temporary signs would require a permit, this would include political, ideological, real estate, commercial advertising signs, etc.

OPTION 2: Do not require a permit for all temporary signs and limit the display time that temporary signs may be displayed (may be anywhere from 60 days to 5 months), Under this option there would also be no need for the proposed “portable sign” amendments. However, it would rely on an honor system with business owners and others placing signs on their property, similar to the approach used for civic/non-profit event banner signs on the City’s sign structures to inform the City when a temporary sign would be displayed and removed within the time frame determined by the Council. Enforcement and management of this option will be challenging and may be burdensome on staff. All temporary signs (except wall banners) could be required to be removed at the close of business (current code standard) or permitted to remain in place overnight (staff’s preferred approach).

10-50.100.100 Sign Districts of Special Designation

A. Flagstaff Central District. The standards for Neighborhood or District Signs have been moved into the freestanding sign section.
B. Downtown Historic District. The standards for stanchion signs in former Table 10-50.100.090.E (Standards for Temporary Stanchion Signs) have been deleted consistent with the principle of prohibiting all temporary (portable) signs in the public right-of-way. Also, the former prohibition on A-frame and Upright Signs in this Downtown District has been removed, and only feather vertical banners are now proposed to be prohibited in this District.
E. Flagstaff Sign Free Zone. This is a new Subsection included into the Zoning Code pursuant to A.R.S. §16-1019 which enables a municipality to establish a zone based on City rights-of-way in which no portable signs are permitted. Additional amendments have been added to this Subsection to clarify its purpose. This statutory provision further requires that should the Council agree to the establishment of a Flagstaff Sign Free Zone it must be adopted by resolution, in this case, Resolution No. 2016-21, attached.

10-50.100.110 Nonconforming Signs

No amendments proposed.

10-50.100.120 Enforcement

The provisions allowing for the removal of portable signs in public right-of-way and in clear view zones by City code enforcement staff when a hazard to pedestrian or vehicle traffic is present has been moved from the Portable Signs Section.

10-50.100.130 Appeals

No amendments proposed.

10-50.100.140 Severability

No amendments proposed.

Needed Amendments to Other Related Chapters of the Zoning Code

Chapter 10-20 Administration, Procedures, and Enforcement:
Division 10-20.40 Permits and Approvals
Section 10-20.40.130 Sign Permits – Temporary Wall Banner Sign Permits

B. Sign Permit Requirement. Includes minor amendments to state that a sign permit is only required for a temporary wall banner.

Chapter 10-80 Definitions:
Division 10-80.20 Definition of Specialized Terms, Phrases, and Building Functions

Includes minor amendments to the following definitions:
- Sign – includes signs for ideological and political purposes
- Sign, Balloon Bobber – includes a new definition for this sign type
- Sign, Portable – includes a new definition for this sign type
- Sign, Post – includes a new definition for this sign type
- Sign, Temporary – clarifies and simplifies the definition
- Sign, Temporary A-frame – clarifies and simplifies the definition
- Sign, Temporary Upright – clarifies and simplifies the definition
- Sign, Temporary Feather or Vertical Banner – clarifies and simplifies the definition
- Sign, Temporary Wall Banner – clarifies and simplifies the definition
- Sign, Temporary Yard – includes a new definition for this sign type.
- Sign Walker - expands the definition to also allow non-commercial messages.

The following definitions are proposed to be deleted:
- Sign, Menu Display Board
- Sign, Real Estate
- Sign, Real Estate Directional
- Sign, Stanchion
- Sign Temporary
- Sign, Temporary Directional
- Sign, Temporary Event
- Sign, Temporary New Development/Construction

Section 10-20.50.100.F of the Zoning Code establishes findings for the approval of text amendments. It is staff's recommendation that the Council may find that the proposed amendments to Division 10-50.100 (Sign Standards) and other related Divisions meets the following findings:

Findings for Text Amendments:

The proposed amendment is consistent with and conforms to the objectives and policies of the General Plan and any applicable specific plan;
The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

Expanded Financial Considerations:

None.

Community Benefits and Considerations:

Flagstaff residents and business owners, users of the City's sign standards, and City staff will benefit from the adoption of these proposed amendments as they will fix known deficiencies and redundancies in the standards, simplify the permitting processes for temporary (portable) signs, clarify and simplify standards and procedures, and importantly, provide consistency with the US Supreme Court's decision in the Reed v. Town of Gilbert sign case by ensuring that the sign standards do no contain content-based regulations.

Community Involvement:

INFORM, CONSULT, and INVOLVE
Once a preliminary draft of the proposed amendments to the Sign Standards was completed, staff has engaged with members of such local organizations as Friends of Flagstaff’s Future, Northern Arizona Builders Association, Northern Arizona Association of Realtors, and the Flagstaff Chamber of Commerce Economic Development Committee to solicit their comments and reaction to the amendments. Also, a number of articles were published in the Flagstaff Business News and Cityscape, and staff has participated in frequent interviews on KAFF Radio.

Consistent with state law and the requirements of the Zoning Code the Planning and Zoning Commission held a work session on the proposed sign code amendments on February 10, 2016. No residents were in attendance and no comments were provided to the Commission. The Council also held a work session on December 8, 2015 on the proposed amendments at which time general policy direction was provided to staff. No residents spoke to the Council at that work session.

In advance of all Council and Planning and Zoning Commission work sessions as well as the Commission’s February 24^th public hearing, staff has sent out an email to local stakeholder organizations such as Friends of Flagstaff’s Future, Northern Arizona Builders Association, Northern Arizona Association of Realtors, and the Flagstaff Chamber of Commerce Economic Development Committee. These groups were requested to forward the email to their members. Interviews with KAFF radio have also been scheduled regularly, and posts to the City’s Facebook accounts have been posted. Further, in compliance with state law and the Zoning Code’s noticing requirements, a ¼ page display advertisement (larger than the minimum required 1/8 page ad) was printed in the Arizona Daily Sun in advance of all public meetings and public hearings of the Planning and Zoning Commission and the City Council.

About six members of the public attended the Planning Commission's February 24th public hearing, but none chose to speak to the Commission. At this meeting the Commission unanimously recommended that the Council approve the amendments to Division 10-50.100 (Sign Standards) attached to Resolution 2016-13.

Expanded Options and Alternatives:

Adopt Resolution 2016-21 designating a sign free zone within the City pursuant to A.R.S. § 16-1019(F).
Do not adopt Resolution 2016-21, and therefore, do not designate a sign free zone within the City pursuant to A.R.S. § 16-1019(F).
Adopt Resolution 2016-13 declaring that document entitled “2016 Amendments to City Code Title 10, Zoning Code, Division 10-50.100 (Sign Standards) and Other Related Amendments” to be a public record.
Do not adopt Resolution 2016-13 and, therefore, do not declare that document entitled “2016 Amendments to City Code Title 10, Zoning Code, Division 10-50.100 (Sign Standards) and Other Related Amendments” to be a public record.
Adopt Ordinance 2016-22 to amend the Zoning Code's sign standards (Division 10-50.100 (Signs Standards)) and other related chapters of the Zoning Code.
Modify and adopt Ordinance 2016-22 to amend the Zoning Code's sign standards (Division 10-50.100 (Signs Standards)) and other related chapters of the Zoning Code.
Do not adopt Ordinance 2016-22 and, therefore, do not amend the Zoning Code's sign standards (Division 10-50.100 (Signs Standards)) and other related chapters of the Zoning Code.

Attachments
Overview - Reed v. Town of Gilbert
Res. 2016-21
Res. 2016-13
Sign Standards Amendments TrackChanges Version
Ord. 2016-22
PowerPoint Presentation