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Home My WebLink AboutItem 07 Signs in the Right-of-Way Code Update AGENDA ITEM SUMMARY Meeting Date: 10/7/2013 Meeting Type: Regular Meeting Staff Contact/Dept.: Rhonda Rice Staff Phone No: 726-3655 Estimated Time: 10 minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and Innovative Government Services ITEM TITLE: SIGNS IN THE PUBLIC RIGHT-OF-WAY; CODE UPDATE ACTION REQUESTED: Conduct a Public Hearing and First reading of the following Ordinances: AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE “SIGNS” TO PROVIDE FOR CERTAIN SIGNS IN THE PUBLIC RIGHT-OF-WAY, AMENDING SECTION 8.234 “EXEMPT SIGNS” (SUBSECTION 17) “PORTABLE SIGNS” AND ADOPTING A SEVERABILITY CLAUSE And, AN ORDINANCE ADDING A NEW SECTION UNDER “STREET”, SECTION 3.223 “PLACEMENT OF SIGNS IN THE PUBLIC WAY,” TO THE SPRINGFIELD MUNICIPAL CODE AND ADOPTING A SEVERABILITY CLAUSE ISSUE STATEMENT: Shall the Council amend the Municipal Code to provide for common regulation covering the placement of temporary signs in the right-of-way and on private property? ATTACHMENTS: 1. Council Briefing Memorandum 2. Draft Ordinance-8.234(17) 3. Draft Ordinance-3.223 EXHIBIT A-Signs Photo Gallery 4. Over-the-Street Banner application 5. Light Pole Banner application DISCUSSION/ FINANCIAL IMPACT: The City has three banner sign types and one sandwich board type that can be placed in the public right of way. Each banner type and the sandwich board have unique specifications for placement and at least one has a fee for the use of the right-of-way. The goal is to create common code language for all three banner types and the sandwich board. The City has been using Springfield Municipal Code 3.224 for the placement of the Over-the-Street banner for many years. Section 3.224 was written in reference to utilities and telecommunications placement of objects in the right-of-way, not temporary signs. With the addition of the Light Pole banners and the “OPEN” banner it is prudent to provide consistent and uniform processes to regulate these signs. The proposed ordinances will provide for the temporary placement of banners and sandwich boards in the right-of-way and add clarity for which zones allows sandwich board signs on private property. Council reviewed the proposed ordinances in work session on September 9, 2013, and directed staff to present drafts for consideration and possible approval. M E M O R A N D U M City of Springfield Date: 10/7/2013 To: Gino Grimaldi COUNCIL From: Len Goodwin, DPW Director Rhonda Rice, Sr. Mgmt. Analyst BRIEFING Subject: SIGNS IN THE PUBLIC RIGHT-OF-WAY; CODE UPDATE MEMORANDUM ISSUE: Shall the Council amend the Municipal code to provide for common regulation covering the placement of temporary signs in the right-of-way and on private property? COUNCIL GOALS/ MANDATE: Provide Financially Responsible and Innovative Government Services BACKGROUND: On September 9, the Council reviewed the ordinance changes recommended by staff to create common regulation of the placement of temporary signs in the public right-of-way. The City presently has three banner signs and one sandwich board sign that need representation in Springfield Municipal Code. The goal of the two ordinance changes is to create common code language and clarity for signs in the public right-of-way. This is accomplished by adding Section 3.223 to the Code and by amending Section 8.234(17). Over-the-Street Banner Program The City has been relying on Springfield Municipal Code Section 3.224 for the placement of the Over-the-Street banner for many years. Section 3.224 was written in reference to permanent placement of objects in the public right-of-way by utilities, not temporary signs. It is staff’s intent to add language that will more effectively cover the temporary placement of banners and sandwich boards in the public right-of-way. Staff was requested by Council to adjust the definition on the Over-the-Street and Light Pole Banner applications to give clarity to the type of advertisement allowed. The applications now read, “Banners shall be permitted to advertise only the following activities: Public service activity which provide benefits to the community as a whole, performing and visual arts, and scholastic activities sponsored by organizations which carry on general education activities. Banners may display the name, slogan, advertising, logo or trademark of any sponsor of the activity.” Where the underline text is the area adjusted for clarity. Because there is limited use by the different organizations for these banner locations and the time required by the City in installing and removing the banners is marginal, the City has removed the $100 application fee for the permit. The permit is still required so the processing can occur and the calendaring of applicant requests can be maintained, but there is no longer a fee. This program is seen as a community benefit. Council has recommended that staff review this fee removal and bring back more information during the Master Fees and Charges update in February, 2014. ATTACHMENT 1 PAGE 1 OPEN Banner Program Another adjustment that staff recommends is replacing the use of Springfield Municipal Code Section 8.234(3) with the OPEN Banner program with new Section 3.223 code when the OPEN Banner resides in the public right-of-way. At the start of the OPEN banner program five years ago Springfield Municipal Code Section 8.234(3) was seen as an appropriate place to regulate City owned OPEN Banner poles. Light Pole Banner Program The Light Pole Banner program is relatively new and will use the new Section 3.223 code to regulate banners located on utility poles in certain zones throughout the city. This program is slightly more regulated than the other two programs with design being reviewed by the City Manager’s Office, a requirement of a Traffic Control Plan, designated installation times, verification of insurance coverage for the City and ODOT, and, if applicable, an ODOT application for the Main Street Zone. This banner program has an application fee of $100 for processing and review. At the present there are five (5) zones identified in the City that can accommodate the placement of banners; Zone 1- Gateway Street and Harlow, Zone 2-Gateway and Beltline, Zone 3-Martin Luther King, Jr. Parkway, Zone 4-Main Street Downtown, and Zone 5-60th and Main Street. Council recommended that staff look into more zones for the Main Street corridor. Sandwich Board Program In 2010 Council action allowed sandwich boards in the public right-of-way, specifically in the Downtown core area. Springfield Municipal Code Section 8.234 (17) was adjusted to include this signage. The new Section 3.223 will create replacement language for Section 8.234(17) for sandwich boards that are placed in the public right-of-way. Staff is also recommending the amending of Section 8.234(17) to simplify the placement of sandwich boards on private property to all non-residential areas in an effort to follow Council intent. RECOMMENDED ACTION: Staff recommends that Council conduct a public hearing and direct staff to present the Ordinances at a second reading at regular session of the Council. ATTACHMENT 1 PAGE 2 AT T A C H M E N T 2 - 1 AT T A C H M E N T 2 - 2 AT T A C H M E N T 3 - 1 AT T A C H M E N T 3 - 2 EXHIBIT A Side Walk Sandwich Board Side Walk Open Banner Light Pole BannerOver-the-Street Banner