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Item # 3.b.
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| Town Council Regular Session |
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| Information |
| SUBJECT: |
| PUBLIC HEARING: ORDINANCE NO. (O)16-10, AMENDING CHAPTERS 25 AND 31 OF THE ORO VALLEY ZONING CODE TO ESTABLISH STANDARDS FOR OUTDOOR DISPLAYS |
| RECOMMENDATION: |
| The Planning and Zoning Commission recommends approval. |
| EXECUTIVE SUMMARY: |
Outdoor displays are designated areas near the front of a business that display products sold by the store. In 2011, Town Council approved the use of outdoor displays on a temporary basis to assist the business community in difficult economic times. Town Council has continually renewed the temporary allowance for outdoor displays over the past five years.
On January 20, 2016 Town Council directed staff to work with the business community to find alternative or permanent solutions to the temporary outdoor display allowance. The Economic Development Division and Greater Oro Valley Chamber of Commerce reached out to the business community to explore options related to outdoor displays. In general, the business community supports changing the temporary outdoor display allowance into permanent code, which provides predictability for the business community. The business community also felt that outdoor displays are an important tool that is helpful in marketing their products.
This code amendment (Attachment 1) is intended to permanently add the outdoor display standards to the Zoning Code, which would allow businesses to continually display products outside of the store with one easy-to-obtain permit.
The Planning and Zoning Commission held a study session to discuss the amendment on July 14, 2016, followed by a public hearing on August 2, 2016 (The staff reports and minutes from these meetings are provided as Attachments 2 through 5). Discussion focused on the need to maintain clear areas around the displays for pedestrian access and safety and how other jurisdictions handle outdoor displays. At the conclusion of the public hearing, the commission recommended approval of the amendment.
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| BACKGROUND OR DETAILED INFORMATION: |
Prior to 2011, outdoor displays were only allowed with a special use permit, which involves a costly and lengthy process and is generally reserved for a major event planned within a development. The Town established outdoor display standards in 2011 as a temporary relief strategy for businesses during difficult economic times. The temporary allowance has been continually renewed by Council ever since.
During this five year period, 19 businesses out of a total of 1,076 store fronts in Town , have obtained outdoor display permits. The Town has received numerous complaints related to outdoor displays from two residents, which were primarily resolved through education to businesses about outdoor display requirements.
Business Outreach
As directed by Town Council, the Economic Development Division and Greater Oro Valley Chamber of Commerce surveyed the business community regarding the use of outdoor displays. In general, input from the business community can be summarized as follows:
- Outdoor displays are a useful tool help to market their business
- Permanent code will provide predictability for the business community
Detailed comments received from the business community are included in Attachment 6.
Outdoor Display Standards
The proposed outdoor display standards (Attachment 1) are essentially the same standards used over the last five years, summarized as follows:
- Location: Outdoor displays must be immediately adjacent to the building
- Safety: Outdoor displays shall not create a public hazard
- Clear Zones: Outdoor displays shall maintain a minimum of 4-foot setback from doors, drive aisles and around displays
- Size of displays
- 25 square feet for stores with 50 linear feet of building frontage or less
- 50% of frontage for stores with more than 50 linear feet of frontage with a maximum of 150 square feet
- Number of Displays: Outdoor displays shall be limited to one building facade
General Plan Analysis
Zoning Code amendments are evaluated for conformance with General Plan policies. These policies focus on businesses support and retention and maintaining an attractive built environment. The proposed amendment meets these policies by supporting local businesses, with limitations designed to ensure displays are attractive and safe.
A detailed review of the amendment in relation to the General Plan policies is included in Attachment 7.
Public Notification and Comment
Public Notice has been provided as follows:
- All HOA's in the Town were notified of this hearing
- Public hearing notice was posted:
- In the Territorial newspaper
- At Town Hall
- On the Town website
One letter of concern has been received which is provided as Attachment 8
Planning and Zoning Commission Review
The amendment was discussed by the commission at the July 14, 2016 study session and August 2, 2016 public hearing. The main topics discussed at the meetings included:
- Maintaining 4' clear pathways for safe and convenient access
- How other jurisdictions handle outdoor displays
- One resident expressed concern that outdoor displays are unattractive and unsafe
At the conclusion of the public hearing, the commission voted to recommend approval of the amendment. The Planning and Zoning Commission staff reports and minutes from the study session and public hearing are included as Attachments 2 through 5. |
| FISCAL IMPACT: |
| N/A |
| SUGGESTED MOTION: |
I MOVE to approve Ordinance No. (O)16-10, an amendment to Chapters 25 and 31 of the Oro Valley Zoning Code establishing Outdoor Display standards.
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I MOVE to deny Ordinance No. (O)16-10, an amendment to Chapters 25 and 31 of the Oro Valley Zoning Code establishing Outdoor Display Standards. |
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