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  Item # 2.       
Town Council Regular Session
Meeting Date: 05/16/2018  
Requested by: Bayer Vella
Submitted By: Patty Hayes, Community and Economic Development
Department: Community Development & Public Works  

Information
SUBJECT:
AMENDING SECTION 28 OF THE ORO VALLEY ZONING CODE REGARDING THE ALLOWED USES AND SIZES OF ELECTRONIC MESSAGE BOARDS ON MONUMENT SIGNS

a. RESOLUTION NO. (R)18-17, DECLARING THE PROPOSED ZONING CODE AMENDMENT TO CHAPTER 28 RELATED TO ELECTRONIC MESSAGE BOARDS, PROVIDED IN EXHIBIT "A" WITHIN THE ATTACHED RESOLUTION AND FILED WITH THE CLERK, A PUBLIC RECORD

b. PUBLIC HEARING: ORDINANCE NO. (O)18-08, AMENDING CHAPTER 28 OF THE ORO VALLEY ZONING CODE ALLOWING ELECTRONIC MESSAGE BOARDS ON MONUMENT SIGNS FOR PRIVATE SCHOOLS AND RELIGIOUS INSTITUTIONS
RECOMMENDATION:
The Planning and Zoning Commission recommended approval at their April 3, 2018 meeting.
EXECUTIVE SUMMARY:
A.  This first item is an administrative requirement declaring the proposed code amendment a public record (Attachment 1).

B.  The purpose of this code amendment is to include private schools and religious institutions in the list of sign users who can display a message on a monument sign with an electronic message board (Attachment 2). Private schools and religious institutions are presently only allowed to change the message on a monument sign by manually inserting or removing letters. Currently only theaters, time/temperature and gas price signs may use an electronic message board.

The amendment defines the size allowed for the electronic message board, which is proposed to be 35% of the sign area for private schools and churches. The proposed amendment does not increase the overall size, quantity or types of signs already allowed in the code. 

Electronic message boards are generally a rectangular shaped screen installed on a sign structure that allows changing messages to be shown to the public. The zoning code provides standards for those types of signs that will continue to apply:
  • No constant moving, blinking or flashing
  • Messages can only change once every 24 hours, except for fuel prices
  • Background color of the screen is limited to black
  • Maximum of two (2) colors allowed for text
  • Brightness limited to 200 nits
  • Signs must be turned off by specific times
This proposed amendment is a small portion of the sign code revisions recognized in the Planning Division 17-19 Work Plan. This specific amendment to the sign code is being brought forward at this time due to a request from a local church (Attachment 3).
 
BACKGROUND OR DETAILED INFORMATION:
The zoning code allows messages on monument signs to change either manually or electronically, for a specific group of users which includes gas stations, theaters, time/temperature, churches and private schools. However, electronically changing messages have been strictly limited to gas prices, time/temperature and theater listings only. Other sign users, such as private schools and churches, are limited to manually changing the message on a monument sign without electronic methods. An example of the two different types of changeable message signs are shown in Attachment 4.

The proposed changes to the zoning code will allow all of these same sign users (theaters, gas stations, time/temp, schools and churches) to continue to change messages on their monument signs but will allow all of them to choose either manual or electronic methods.

The area of the sign dedicated to the electronic message board is defined in the proposed code for both private schools and churches. Staff reviewed similar sign allowances in other Arizona jurisdictions along with existing signs near or in Oro Valley and found that many jurisdictions allow electronically changing signs on monument type signs with varied size allowances and some do not allow them at all (Attachment 5). Staff proposes that allowing an Electronic Message Boards to use up to 35% of the sign area on a monument sign provides an adequate area for messages to be displayed without overpowering the overall appearance and character of the sign (Attachment 6). Further discussion about the size of the electronic message board is continued in the Planning and Zoning Commission meeting summary.

General Plan Conformance

The Your Voice, Our Future General Plan provides the following goals, policies and actions:

Goal Q: A built environment that creatively integrates landscape, architecture, open space and conservation elements to increase the sense of place, community interaction and quality of life.

Policy Land Use 6: Maintain the small town, neighborly character and improve the design and safety of the built environment.

Action item #125: Maintain the unique character of Oro Valley by studying and updating:

Signage regulations to emphasize identification and direction over advertising goods or services to maintain compatibility and minimal intrusiveness.

This new code amendment meets this goal by:

1. Limiting the size of the Electronic Message Boards on monument signs maintains the character of the Town.

2. The amendment does not increase signage in the Town, but provides an updated code to continue to allow identification of the property.

Planning and Zoning Commission meeting summary:

The zoning code amendment was heard by the Planning and Zoning Commission at a public hearing held on April 3, 2018. Minutes from the Commission meeting can be found in Attachment 7. Topics of discussion at the hearing included:
  • The frequency a message changes
  • The two color limit on text
  • Clarification that public schools and government properties are exempt from sign standards
  • Concern that limits on color and frequency of message changing wasn't equal treatment for all schools
A representative from the church who asked for the zoning code amendment to be brought forward at this time, asked if the Commission would consider allowing more than two colors on the message board and also allow a larger portion of the sign to contain the electronic message board.  The representative suggested allowing up to 60% of the sign as an electronic message board instead of the proposed 35%. The representative from the church has submitted a supplemental document asking to increase the 35% size of the message board as provided in Attachment 8.  

At the conclusion of the meeting, the Commission recommended approval of the code amendment as originally proposed.
 
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
Two motions are on the agenda for the case. The first motion is an administrative action to declare the amendment a public record. The second motion is to approve or deny the proposed code amendment.

Item A:

I MOVE to (approve/deny) Resolution No. (R)18-17, declaring the proposed amendments to Chapter 28, related to electronic message boards, in the Oro Valley Zoning Code within the attached resolution and filed with the Town Clerk, a public record.

Item B:

I MOVE to (approve/deny) Ordinance No. (O)18-08, amending Chapter 28 of the Oro Valley Zoning Code, allowing electronic message boards for private schools and religious institutions.
Attachments
Attachment 1 Resolution (R)18-17 Declaring a Public Record
Attachment 2 Ordinance (O)18-08
Attachment 3 Request for Code Change
Attachment 4 Sign Type Comparison
Attachment 5 Jurisdiction Research
Attachment 6 Sign Size Comparison
Attachment 7 PZC Staff report, minutes, attachments
Attachment 8 Request to Increase Size


    

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