Planning & Zoning Commission

MINUTES CITY OF POCATELLO PLANNING & ZONING COMMISSON CLARIFICATION MEETING MAY 9, 2024  11:00 AM COUNCIL CHAMBERS | 911 N. SEVENTH AVENUE Chanda called the meeting to order at 11:02 AM. 1. ROLL CALL. Present: Eugene Bartu, Krystal Chanda, Roger Frey, Adam Geyer, Marjanna Hulet (arrived at 11:02 AM), and Richard Phillips (arrived at 11:12 AM). Excused: Whitney Fenwick. Staff: Jim Anglesey, Jen Flynn, Matt Kerbs, Aceline McCulla, and Brent McLane. ** WORK SESSION ** 2. SIGN CODE WORK SESSION Staff will go through the Sign Code with Commission members. This is a work session, not a public hearing, therefore, no public comment is permitted, and no action will be taken. City staff, consisting of Jim Anglesey, Jen Flynn, Matt Kerbs, and Brent McLane addressed concerns from the April 10, 2024 P&Z meeting, discussed other sign questions, and staff received direction from the P&Z to address those concerns. Portable Signs: Identify what 15.20.130 definition of materials, and 17.07.040, include easily destroyed by wind, rain or snow. Multi-tenant Signs: use the elevation/frontage calculation. Abandoned real estate signs: if a property for sale is considered active real estate, if a property is not being sold, and not being used that is abandoned. If a business moves out, the sign must be flipped with blank and lights turned off, or a for lease or sale sign placed in the cabinet to utilize the sign cabinet. Off Premises Signs: cap and replace Pocatello has ~75 current signs, any annexed property with billboard signs will be classified as legal non-conforming. Cap and replace with two-year time limit, expiration date for the replacement and a certificate will be issued with the expiration date that would be required with a new off-premises permit application. Static signs can be upgraded to electrical with the new dimming Code and noticing up to 1,000 feet of subject sign property. Dimming and Curfew: keep as proposed, but add a definition for blacked-out. 3. ADJOURN With no further discussion, Chanda closed the meeting at 12:40 PM. Submitted by: Approved on: June 12, 2024 Aceline McCulla, Secretary Page 1 of 2 Proposed Sign Code 2024 Planning and Zoning Special Meeting May 9th, 2024 1  What’s the purpose of signs? According to current Pocatello code: The purpose of this chapter (15.20) is to promote the public health, safety, and general welfare by regulating existing and proposed signage. It is intended to protect and enhance the physical appearance of the community, reserve the scenic and natural beauty, provide an enjoyable and pleasing community, protect property values, and create an attractive economic and business climate. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over the public right-of-way, provide more open space, and curb the deterioration of natural beauty and the community environment. (Ord. 2349, 1991) Proposed code: The intent of regulating signs that are visible from the public right-of-way is to ensure proper dimensioning and placement with respect to existing or planned architectural features, to maintain or improve public safety, to maintain or improve the aesthetic character of the context in which they are located, and to provide legible information for both pedestrians and drivers. Signs exist to: advertise, instruct, warn, give visual cues, provide general information, give directions. 2  Why are we seeking these changes? • To be proactive planners-setting the tone for Pocatello’s future • To make code easier to understand, interpret and implement for compliance and less need for code enforcement • Electronic signs are the most common complaint we get from residents regarding signage • To enhance the look of our City and reduce sign clutter • Community Leaders have asked us to address billboards and curfews of signs specifically as well as code enforcement issues. • The survey issued to the public also indicated that the public cares about these issues 3  Outcomes from P&Z public hearing on April 10th, 2024 1. Clarification is needed on how our code will impact signs that do not comply with new sign code? 1. How will business owners comply with new standards? 2. How will new code impact our ability to conduct code enforcement? What are terms of enforcement? 8.14.100 3. Elaborate on high quality materials for banners means 4. Clarify multi-tenant property allocations and how that will work? 5. How code addresses abandoned real estate signs? 6. Off Premise (OP) signs 1. Construction standards to implement for OP signs 2. Maintenance standards 1. What if road expands where billboard resides? 2. What if lease expires for billboard land? 7. Dimming and Curfew 1. Safety 2. Creating issues for business owners ability to advertise 24/7 3. Non-conforming EMCs that do not have a dimming capability 4 1. Clarification is needed on how our code will impact signs that do not comply with new sign code? How will business owners comply with new standards? Legal Non-Conforming Signs (page 7) • Was in existence and lawfully erected prior to the effective date (July XX, 2024) of this chapter; • Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto, or which was considered legally nonconforming thereunder, and has since been in continuous or regular use; or • Was in existence, located, and used on the premises at the time it was annexed into the city limits or included in the city's area of impact and has since been in regular and continuous use. • All legal non-conforming signs are subject to all applicable provisions regarding legal non-conforming situations in this Title. • Legal nonconforming uses located within a residential district may retain existing legal signage. Any new signage for existing nonconforming uses in a residential district shall be in conformance with the requirements of signage within the Residential/Commercial/Professional (RCP) Zoning District. 5  17.01.170: ADMINISTRATIVE PROVISIONS: 2. Legal Nonconforming Buildings/Structures/Signage: A building, structure, or sign that was legally established but no longer conforms to all development standards of this title is considered a legal nonconforming structure. The following standards shall apply to legal nonconforming structures: b. Expansion: Permits to expand existing, nonconforming structures of the original building area may be sought through the Conditional Use Permit (CUP) process regardless of the underlying zoning district. (1) Repairs: Ordinary work may be done including repair of a legal, nonconforming building/structure so long as such repair work does not change or increase the intensity of nonconformity. (2) A legal nonconforming structure that is damaged or destroyed by fire, flood, wind, earthquake, or other natural calamity or public enemy, may be restored and the previous occupancy resumed provided that: (A) Restoration or reconstruction is initiated within a period of one (1) year from the date of destruction and the restoration is completed, in its entirety, within three (3) years pursued to completion. If construction surpasses three (3) years, a CUP shall be acquired; (B) For signs; restoration or reconstruction is completed within a period of one (1) year from the date of destruction. If construction surpasses one (1) year, a CUP shall be acquired; (C) The restoration does not increase the extent of the nonconformity beyond that which existed at the time the structure became nonconforming; and (D) The structure was occupied, or for signs, in use, at the time of such damage or destruction. 6 2. How will new code impact our ability to conduct code enforcement? This code is simplified and therefore easier to understand. Effective Code Enforcement needs enhanced communication with business owners and residents as well as a simplified set of rules. 7  2. Terms of Enforcement 8.14.100: NOTICE OF VIOLATION: A. If an authorized city staff member confirms by inspection any violation of this chapter, he shall notify the responsible party in writing of the violation and the necessity for corrective action. If the property in violation is not owner occupied and it contains imminent hazards, the official shall also notify occupants of the imminent hazards. Exception: If the violation involves the growth of noxious weeds, city staff may contact Bannock County officials immediately to enforce state regulations against such weeds. B. The written notice of violation shall include the property address, a description of the violation, corrective action needed, name, address, and phone number of the city staff member to contact in regard to the violation, and shall give the responsible party two (2) weeks from the date of the notice, or sooner if deemed necessary by the city staff member, to remove, abate, or destroy the condition causing the violation. AND 17.01.170.C as referenced in slide 6 8  17.01.170: ADMINISTRATIVE PROVISIONS: 2. Legal Nonconforming Buildings/Structures/Signage: A building, structure, or sign that was legally established but no longer conforms to all development standards of this title is considered a legal nonconforming structure. The following standards shall apply to legal nonconforming structures: b. Expansion: Permits to expand existing, nonconforming structures of the original building area may be sought through the Conditional Use Permit (CUP) process regardless of the underlying zoning district. (1) Repairs: Ordinary work may be done including repair of a legal, nonconforming building/structure so long as such repair work does not change or increase the intensity of nonconformity. (2) A legal nonconforming structure that is damaged or destroyed by fire, flood, wind, earthquake, or other natural calamity or public enemy, may be restored and the previous occupancy resumed provided that: (A) Restoration or reconstruction is initiated within a period of one (1) year from the date of destruction and the restoration is completed, in its entirety, within three (3) years pursued to completion. If construction surpasses three (3) years, a CUP shall be acquired; (B) For signs; restoration or reconstruction is completed within a period of one (1) year from the date of destruction. If construction surpasses one (1) year, a CUP shall be acquired; (C) The restoration does not increase the extent of the nonconformity beyond that which existed at the time the structure became nonconforming; and (D) The structure was occupied, or for signs, in use, at the time of such damage or destruction. 9  3. Elaborate on high quality materials means (p 7) • 17.07.040.A8 (p7 of proposed code) Every sign shall be maintained in complete operating condition and in good safety and repair. No broken, bent, cracked, decayed, dented, faded, leaning, splintered, ripped, torn, twisted, or signs in danger of falling shall be allowed. The landscaped area in which any sign is placed shall be kept free from weeds, garbage, and debris. Maintenance includes the repair of facades where signs have been removed, as well as, the painting, cleaning, and repairing of the sign. Maintenance does not include structural alterations, cosmetic, or style changes or enlargements of sign faces. • Once agreed upon add definition of high quality and durable material-current sign code 15.20.130 Add this *shall be constructed from high quality materials and shall not be constructed from the following or similar material that may be easily destroyed by wind, rain or snow: (1) Cardboard; (2) Poster board paper; (3) Butcher paper; or (4) Plotter paper. 10  Define high quality durable material • Quality-superiority in kind • Durable- able to exist for a long time without significant deterioration in quality or value • Material- the elements, constituents, or substances of which something is composed or can be made Is there a need to create a definition? 15.20.130 and 17.07.40 seem sufficient. I will add 15.20.130 to Title 17 where appropriate. 11  4. Clarify multi-tenant property allocations and how that will work? New vs Existing • Existing • Legal non conforming • New sign? 20% allotment per building, new tenant 20% proportional to their frontage-strip mall • Multi-story, multi tenant with common entrance • directory and ground sign suggested • Business vs. building • Face change-no permit required • New cabinet allotted 20% of business frontage • New-Master sign plan • Add provision for existing building or businesses-add this to master sign plan section (existing multi-tenant) • Add Multi tenant (existing and multi-tenant) rename F 12  5. How code addresses abandoned real estate signs? p6 ABANDONED SIGN: A sign which, for at least six (6) months, does not identify or advertise a bona fide business, lessor, service, owner, product, or activity. See also 17.07.020.D, prohibited signs. Safety and Maintenance (17.07.040, p6) • All signs shall be structurally sound and maintained in accordance with all applicable provisions of the International Building Code edition currently adopted by the City. • Removal of Signs. Abandoned signs and neglected signs shall be considered a public nuisance and are prohibited. • Upon written notification to the permit holder and/or the property owner by the Building Official, Planning Director or their designee, such abandoned signs shall be removed from the premises and neglected signs shall be repaired or removed from the premises by the property owner, agent, or tenant of the land, building, or structure upon which such sign is located. The notification shall state that the offending sign shall be repaired or removed by the owner, agent or tenant, sixty (60) days after written notification to do so by the Building Official, Planning Director or their designee. The notification shall further state that if the sign is not removed or repaired, a citation may be issued and the city may resort to any civil remedy available to remove or repair the sign, up to and including impoundment. Any expenses incident thereto shall be the responsibility of the owner, agent or tenant of land, building or structure upon which such sign was located. 13  6. Off Premise signs • OFF-PREMISES SIGN: A sign for goods or services that are not located on the same property as the sign or a sign that directs people to offsite locations. Prohibited 14  6. Off Premise signs • Boise - Section 11-010-06 (2) POSTER PANEL AND BULLETIN PANEL OFF-PREMISE SIGNS (BILLBOARDS) • Each application for a billboard must be accompanied by a demolition permit for an existing billboard. The number of billboard signs in the City shall not be increased except through annexation. Off-premise poster panels and bulletin panels may be allowed in the C-2, C-3, M-1 and M-2 zones upon approval of a conditional use permit, except that no signs may be located on Capitol Boulevard or on Federal Way between Capitol Boulevard and Bergeson Street. No sign may be located within 1000 feet of another billboard on the same side of the street and 150 feet from a sign on the opposite side of the street, measured along the line of travel. Since the inception of this Cap and Replace sign code amendment in 1990, the number of billboard structures in Boise has been reduced by 25, totaling 48 faces. Because of zoning and spacing restrictions, Lamar has a total of 25 credits in the city limits of Boise and the majority of these credits will not be able to be permitted for relocation. The Boise City sign code does allow for digital technology to be utilized. The deployment of digital technology on billboard structures has separate guidelines and restrictions from static billboard structures which will be outlined later in this presentation. 15  17.01.170: ADMINISTRATIVE PROVISIONS: 2. Legal Nonconforming Buildings/Structures/Signage: A building, structure, or sign that was legally established but no longer conforms to all development standards of this title is considered a legal nonconforming structure. The following standards shall apply to legal nonconforming structures: b. Expansion: Permits to expand existing, nonconforming structures of the original building area may be sought through the Conditional Use Permit (CUP) process regardless of the underlying zoning district. (1) Repairs: Ordinary work may be done including repair of a legal, nonconforming building/structure so long as such repair work does not change or increase the intensity of nonconformity. (2) A legal nonconforming structure that is damaged or destroyed by fire, flood, wind, earthquake, or other natural calamity or public enemy, may be restored and the previous occupancy resumed provided that: (A) Restoration or reconstruction is initiated within a period of one (1) year from the date of destruction and the restoration is completed, in its entirety, within three (3) years pursued to completion. If construction surpasses three (3) years, a CUP shall be acquired; (B) For signs; restoration or reconstruction is completed within a period of one (1) year from the date of destruction. If construction surpasses one (1) year, a CUP shall be acquired; (C) The restoration does not increase the extent of the nonconformity beyond that which existed at the time the structure became nonconforming; and (D) The structure was occupied, or for signs, in use, at the time of such damage or destruction. 16  Additional Maintenance considerations • Upgrading signs to Electrical if they are not currently EMC signs? • What else? 17  7. Dimming and Curfew Illumination • Illumination may be internal or external unless otherwise noted: Lighting for all signs shall comply with lighting standards as identified in this Title. • Residential & RCP Zones. External lighting fixtures shall be full cutoff and fully shielded. Internal lighting shall be recessed and "blacked out" with only the message illuminated. • Commercial & Industrial Zones. External lighting fixtures shall be full cutoff and fully shielded. • Curfew: All signs shall not be illuminated, between eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. or outside of the hours of operation, whichever is less restrictive. Off-premises signs shall observe the curfew hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. 18 Conversation points for dimming policy • Only EMCs vs internally lit • Existing curfew in RCP • Buffer zones for residential-complicates code enforcement 19 Sign Code examples Current code Vs. Proposed code Mountain View Soccer Center Currently Code: Under current code the whole building would be allowed 2(156) + 1(263)=575 for building signage and ground signage. Proposed Code: 6036*.20=1,207 square feet of signage allowed on West elevation under proposed signage and 156 sq ft of ground signage. Pain and Spine Specialists Currently: Professional office building, multi tenant with common entrance, for a building sign they get 32 sq ft of directory and 64 sq foot ground sign Proposed code: 4728 * .20= 945 sq ft of building signage, and 78 sq ft of ground signage.  BBSI & Beard, St. Clair, Gaffney Attorney at Law in Northgate area Currently • RCP zone Proposed • One wall sign up to 32 sq ft • RCP zone on wall with street frontage • 15% of each elevation= (Wayfarer) 2,200sf for South • One ground sign not to Elevation=330sf of wall exceed 32 sq ft signage permitted on South Wall • Up to 36 sf of ground sign Jamba Juice complex Current Code • CG Zone • Muli-tenant business: 1.5 (business frontage) shared between ground sign and wall sign. (93/3=31) 31(1.5)=46.5 sq ft total allowed Proposed Code • CG Zone • Multi-tenant building: 1175 sf*20%= 235 sq ft of signage permitted for the East elevation • Free standing sign up to 93sq ft shared between tenants  Thank you! We appreciate your volunteer time dedicated to P&Z and specifically the thought you are putting into updating our sign code. 25  15.20.240-Off Premise Billboard Sign Standards A. Off premises/billboard signs shall only be permitted in Office Park, Light Industrial, Industrial, and Commercial General Districts. Permits for signs meeting the requirements below may be issued by staff. However, the following additional requirements shall apply in Commercial General Districts: 1. Applicants for signs in Commercial General Districts must provide a mailing list of property owners and tenants within a five hundred foot (500') radius of the property line to whom notice of the application will be sent by the City; 2. A twenty one (21) day waiting period shall be required prior to sign construction or erection, during which time period any aggrieved person so notified may make a written protest to the Planning and Development Services Department for a hearing before the hearing examiner. A decision of the hearing examiner may be appealed to the City Council within fifteen (15) days of the date of the hearing examiner's decision; 3. No construction or erection of signs shall be allowed pending the outcome of either hearing; 4. The decision of the City Council shall be final; 5. The review criteria used by the City Council and the hearing examiner shall be as follows: The proposed sign must be designed to minimize adverse effects on adjoining land, and the proposed sign must be designed to be as compatible in appearance and layout with adjacent uses as is practical. B. Any off premises sign which is moved or replaced must comply with current standards. All off premises signs shall meet the following standards: 1. Sign Face: The maximum area of a sign face shall not exceed three hundred (300) square feet including border and trim, but excluding base, supports, and other parts of the sign structure. Maximum height of the face shall be twelve feet (12') and maximum length shall be thirty six feet (36'). 2. Height: Off premises signs shall be no more than thirty five feet (35') in height above ground level and have a minimum clearance of twenty feet (20'). Provided, however, that the staff of the Planning and Development Services Department is hereby authorized to grant variances up to five feet (5') for the minimum clearance and height requirements through the minor variance process as described in section 17.02.160 of this Code. 3. Cutouts: Cutout attachments securely affixed to off premises signs shall be permitted, but shall not be allowed to project more than five feet (5') above, one foot (1') below, and not more than two feet (2') on either side of the sign to which they are attached. 4. Placement: No portion of an off premises/billboard sign may extend into or over an area defined as a structural setback in the applicable zoning district standards. 5. Message: No permits are required to change the message of an off premises/billboard sign. 6. Permit Required: A new off premises sign permit is required to convert an existing billboard into a sign using trivision panels or electronically programmable changeable messages, and City staff shall evaluate electronic sign locations for potential impacts to traffic safety. If the sign is nonconforming in terms of placement or spacing requirements, the hearing examiner shall review the conversion of the sign using the following criteria: a. The proposed sign must be designed to minimize adverse effects on adjoining land, and the proposed sign must be designed to be as compatible in appearance and layout with adjacent uses as is practical. b. A public hearing regarding the conversion shall be held in front of the hearing examiner with notice sent to all property owners and occupants within a five hundred foot (500') radius of the property line. 7. Changing Messages: Message display for new off premises signs or conversions of existing off premises signs to those using electronic means to change messages such as LED technology or trivision panels shall comply with all applicable standards of section 15.20.250, "Electronic Message Displays (EMD)", of this chapter. 8. Spacing: a. Off premises signs located on the same side of a roadway or street shall be spaced at least one thousand feet (1,000') apart. Additionally, off premises signs shall be spaced at least one hundred fifty feet (150') from any other such sign located on the opposite side of the roadway or street (measured in a straight line between 1 sign and another along the line of sight of the roadway or street common to each sign). Provided, however, that adjustments of up to ten percent (10%) of the required distance may be approved by the Planning and Development Services Department staff through the minor variance process as described in section 17.02.160 of this Code. b. In no case shall off premises signs be located closer than two hundred fifty feet (250') to a residential zoning district, Residential/Commercial/Professional Zoning District, designated historic district, park, school, church, or cemetery measured in any direction from said signs. 9. Unipole Construction: All off premises signs constructed after the effective date hereof shall be of unipole (i.e., 1 support pole) construction. 10. Lighting: Off premises signs shall not be internally illuminated or backlit. (Ord. 3008, 2018: Ord. 2967, 2016: Ord. 2958, 2015: Ord. 2915, 2012: Ord. 2846 §§ 4, 5, 2008: Ord. 2813 § 4, 2007: Ord. 2501 §§ 1 - 5, 1995: Ord. 2349, 1991) 26