04-09-01 Council Meeting Minutes

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i REGULAR MEETING APRIL 9, 2001 entities and proposes the changes being presented at this time. Mr. Brucker noted that the current ordinance indicates that the maximum display area of the billboard shall be one thousand (1,000) square feet. The new ordinance brings that down to six hundred seventy -two (672) square feet. However, it will allow for two hundred (200) square feet of extensions when there may be a piece of the board protruding from the edges of the board. This is for temporary use only. Also, the proposed ordinance will prohibit two tiered, deck or stack signs. Another new change will require that the advertising cover the entire face of the board. The current ordinance indicates that the maximum height of the billboard shall be limited to thirty-five (35) feet. There is also a provision which allows for a fifteen (15) foot extension in that height if an obstruction exists. This language is very vague and leaves the discretion up to the Building Commissioner. The proposed ordinance will allow the petitioner to file with the Board of Zoning Appeals if they wish to exceed that maximum limit. The current ordinance has a seven hundred fifty (750) foot separation distance between boards on the same side of the street. The new ordinance indicates that the minimum distance between the signs shall be seven hundred fifty feet (750) on both sides of the street along the right -of -way. The new ordinance will also allow for a separation distance at intersections where the boards may face different streets. There has been litigation over this and municipalities have lost. With language in the ordinance the City can prohibit signs being stacked on corners. Currently, there is a one hundred foot (100) circumstance separation from a residential district, historic preservation district, public park, residential use, church, school, designated historic landmark or river. That distance has not changed. However, a two hundred (200) foot separation along the same roadway has been added. Finally, the proposed ordinance will allow the separation distance to continue over jurisdictional boundaries. For example, if there is a billboard on the county or city line, that will be taken into consideration when the application is reviewed. Councilmember Varner inquired how the maximum thirty -five (35) foot height requirement is affected when the two hundred (200) square foot extension is factored in. Mr. Don Fozo, Building Commissioner, advised that with an add on, the thirty -five (35) feet would be to the top of the add on. He noted that a lot of add -ons are located to sides or the front. In response to Councilmember Varner's concerns, Mr Fozo stated that this requirement will be explained to individuals seeking a permit. President Pfeifer thanked Mr. Fozo and individuals who have spoken to this issue. She inquired if a billboard owner would have to meet these new requirements when renewing a lease of property on which the current board is situated. Ms. Brucker advised that they would not have to come back in because this ordinance cannot be retroactive. The lease can continue until such time as the owner wishes to not continue with the lease or there is a sale of the property and the new owner does not wish to continue the lease. President Pfeifer asked what mechanism will kick -in so they will now have to modify that sign to the new regulations. Ms. Brucker stated that no mechanism will kick in unless for some reason that board was to be removed. President Pfeifer stated that a mechanism is needed. Mr. Fozo advised that the sign would be a legal non - confirming sign and it does not lose that right. If the lease is broken and the sign removed and another entity wants to come onto that property then the new requirements would apply. But, as long as that sign remains on the property and the lease is renewed, the new requirements would not apply. President Pfeifer stated that it will then become the responsibility of the neighbors to appeal to the owners of the property on which billboards are located not to renew a lease for that particular property. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard.