Meeting Date: April 5, 2023
To: Members of the Heritage Preservation Commission
From: Revee Needham, Assistant City Planner
Title
Continued Discussion on Signage Regulations within the Historic District.
Body
Action Requested:
The Heritage Preservation Commission is asked to continue discussing the signage regulations within the Historic District.
Summary Report:
At the December 2022 Heritage Preservation Commission (HPC) meeting, the HPC started discussing the signage regulations within the Land Development Code (LDC). The staff report and supplemental memo from that meeting are attached. The HPC is asked to review the signage regulations for clarity, equity, and best practices in mind to make the process better for applicants, staff, and the HPC.
As background, signage regulations are found within Article 6 of the LDC and additional guidelines are found within the Downtown Design Guidelines. There is a distinction between the Downtown Design Guidelines and the LDC Sign Code. The Design Guidelines are flexible and not strictly required, allowing for consideration of each building’s unique history and architecture. In contrast, the LDC Sign Code is legally binding, with regulations that must be upheld. The LDC uses language that should be clear, with “shall” as an enforcement. The Design Guidelines uses more vague language such as “should” and “might.” There is much less flexibility for interpretation and application within the LDC, in most cases, signs either clearly meet the regulations or they do not. Signs that do not meet the regulations would need to apply for a variance from the Zoning Board of Appeals (ZBA). To approve a variance, the applicant must meet the following requirements:
(a) The variance is in harmony with the general purposes and intent of this LDC; and,
(b) The variance is consistent with the Comprehensive Plan; and
(c) The property owner proposes to use the property in a reasonable manner not permitted by this LDC; and
(d) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
(e) The variance, if granted, will not alter the essential character of the locality.
In general, the need for a variance should be minimized through text amendments. This is an additional step for applicants, is not guaranteed, and has a high threshold for approval.
The purpose of the sign code is:
“Regulating the location, size, placement, and physical characteristics of signs is necessary to enable the public to locate goods, services, and facilities and to receive a wide variety of other messages, commercial and noncommercial, without difficulty and confusion, to encourage the general attractiveness of the community, to enhance public safety, and to protect property values. Accordingly, this section establishes regulations governing the display of signs that will:
(A) Promote and protect the public health, safety, comfort, morals, and convenience;
(B) Enhance the economy and the business and industry of the city by promoting the reasonable, orderly, and effective display of signs and, thereby, encourage increased communication with the public;
(C) Restrict signs and lights that will increase the probability of traffic congestion and accidents by distracting attention or obstructing vision;
(D) Reduce conflict among signs and light and between public and private information systems; and
(E) Promote signs that are compatible with their surroundings.”
In looking at other cities, the National Park Service (NPS), and the Downtown Design Guidelines in comparison to the LDC signage regulations, the LDC requirements are much more prohibitive and proscriptive. Based on the Design Guidelines and the NPS guidelines there appear to be four important aspects of signage to regulate: size, placement/attachment method, material, and illumination. Furthermore, signs are small, temporary, and are often not impactful to the overall integrity of a building’s historic character.
At the December HPC meeting, the HPC members discussed several aspects related to signage such as:
- Illumination: clarifying internal illumination in window signs, and color temperatures of lights
- Colors: avoiding fluorescent colors, respecting a business’ brand and logo
- Lettering Styles: encouraging or requiring a limit of 2 lettering styles, exempting business’ logos
- Shape: discussing not requiring a border nor raised lettering
- Attachment Method: ensuring there is no destructive attachment
- Placement: the importance of placement of signs on each building
- Review process for signs: the major or minor COA process
- Blight and visual clutter: what do they mean and when does signage reach this level
- General comments: not wanting to freeze buildings in time, moving forward with new businesses and uses, considering how the guidelines/regulations create an attractive historic district and who that district is attractive for
A revised redlined draft of the LDC is attached for review. The HPC is asked to review the redlined version and come prepared with feedback.
To consider in this review:
- How important is signage to the historic character of buildings?
- What aspects of signage are the most important to prioritize and regulate?
- Are the regulations easy to understand for applicants, staff, and the HPC?
- Is the process fair and equitable to all applicants?
- How do the regulations encourage or discourage a diversity and variety of businesses?
Alternative Options:
HPC members can discuss other aspects of the signage regulations.
Financial Impacts:
N/A
Tentative Timeline:
TBD