Regular City Council Meeting
iCal
Feb 12, 2001 at 12:00 AM
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 12, 2001 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. McGlumphy, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. Cooper, Mr. O'Connor, Mr. DePrima, Mrs. Mitchell, Mr. Whedbee (Second Assistant Fire Chief), Mrs. Green, and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weller requested the addition of item #5E - Request to Purchase Circuit Switcher, Disconnects, and Switchgear for the Proposed Dover Downs Substation Addition.
Mrs. Malone moved for approval of the amended agenda, seconded by Mr. Carey and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 22, 2001
The Minutes of the Regular Council Meeting of January 22, 2001 were unanimously approved by motion of Mr. Carey, seconded by Mr. Gorman and bore the written approval of Mayor Hutchison.
PUBLIC HEARING/FINAL READING - PROPOSED SIGN ORDINANCE AMENDMENTS
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments to Article 3 - District Regulations, Article 5 - Supplementary Regulations, Article 7 - Non-Conforming Buildings and Uses, and Article 12 - Definitions, that develop unified sign regulations within the Zoning Code. Mr. DePrima advised members that the Planning Commission recommended approval of the proposed amendments.
The proposed ordinances were reviewed by the Legislative and Finance Committee and approved by City Council during their meeting of January 22, 2001, at which time the first reading of the proposed amendments was accomplished. Since the ordinances will amend the zoning text, a public hearing is required.
Mr. DePrima, City Planner, reminded members that in June 2000, City Council adopted Interim Sign Regulations which placed most of the existing sign regulations into one section, changed the regulations from being “zone” based to “road corridor” based, placed the bulk of the requirements
in a unified sign table, and retained existing regulations that were not ready for revision. He explained that the proposed ordinances add to or revise the Interim Sign Regulations and that they are more design based rather than performance based or prescriptive. He stated that there are several guidelines included that provide details for aesthetically pleasing signs and that the proposed amendments codifies several policies.
Responding to Mr. Weller, Mr. DePrima explained that the allowable bonus sign was developed from the variances that have been granted by the Board of Adjustments in previous years. He further explained that there were patterns in the sign variances granted, one of which was for those buildings that were located away from the roadway. The Board of Adjustment would regularly approve larger lettering on the signs so that they could be read from the roadway.
Mr. Weller questioned if the regulations included provisions that would “grandfather” signage. Responding, Mr. DePrima reiterated that a section is included in the proposed amendments that addresses non-conforming signs. He stated that any sign currently in place will be “grandfathered” until such time that the sign is destroyed, a change in use of the building occurs, there are major renovations of a building, or there is another event that would trigger the ordinance to become effective.
In response to Mr. Weller, Mr. DePrima explained that political signs have not been included in the proposed sign regulations since the City utilizes State regulations regarding political signage. He also assured Mr. Weller that there were several representatives of the community, including the Chamber of Commerce, that were involved in the development of the sign regulations and who support the final draft as presented.
Responding to Mr. McGlumphy, Mr. DePrima stated that unless there is a specific appeal process for the particular section allowing appeals to be considered by the Planning Commission, appeals would be handled like all other zoning regulations, which would be through the Board of Adjustment.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the hearing closed.
Mr. Salters moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGlumphy and unanimously carried.
Mr. Salters moved for adoption of the following ordinances, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (the first reading of this ordinance was accomplished during the Council Meeting of January 22, 2001):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 3 - District Regulations, be amended by deleting Section 26.5 - Sign Standards, and Section 27.55 - Signage, in their entirety and holding them in reserve.
ADOPTED: February 12, 2001
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 7 - Nonconforming Buildings and Uses, be amended by deleting Section 1.6 - Nonconforming Signs, in its entirety.
ADOPTED: February 12, 2001
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 12 - Definitions, be amended by deleting the following definitions: Billboards, Canopy sign, Directional sign, Minor arterial, Monument sign, Nonconforming sign, Principal arterial, Sign, and Sign area.
ADOPTED: February 12, 2001
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 3 - District Regulations, be amended by inserting the language “Signs shall meet the regulations found in Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations” as Sections 1.19, 2.5, 3.4, 4.5, 5.4, 6.5, 7.5, 8.17, 9.15, 10.14, 11.14, 12.15, 13.6, 14.16, 15.18, 16.2, 17.12, 18.2, 19.16, 20.15, 21.5, 22.5, 23.6, 24.11, 26.150, 27.55.
ADOPTED: February 12, 2001
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 5 - Supplementary Regulations, be amended by deleting Section 4 - Supplementary Sign Regulations in its entirety and inserting in lieu thereof a new Section 4 - Supplementary Sign Regulations as follows:
Section 4. Supplementary Sign Regulations
4.1 Purpose Statement.
The purpose of this ordinance is to create a legal framework for a comprehensive and balanced system of signs and other street graphics to facilitate an easy and pleasant communication between people and their environment. This ordinance is enacted to avoid the visual clutter that is potentially harmful to vehicular and pedestrian safety, property values, business environment and opportunities, and community appearance. With these purposes in mind, it is the intent of this ordinance to authorize the use of signs which are compatible with their surroundings, appropriate to the activity that displays them, expressive of the identity of individual activities and the community as a whole, and legible in the circumstances in which they are seen, understanding that it is important for the economic vitality of the community as well as individual businesses and institutions that they are clearly identified and their services are understood by the traveling public.
All signs, which are regulated by this ordinance, should conform to the following general guidelines:
A. The Legibility of Signs.
Signs should be legible under the circumstances in which they are primarily seen. Signs shall legibly convey their messages without being distracting or unsafe to motorists reading them. The legibility of signs is related to: the speeds at which they are viewed; the context and surroundings in which they are seen; the design, colors, and contrasts of the sign copy and sign face.
B. The Relationship of Signs to the Buildings and Sites they Identify.
Signs should be an integral architectural element of the buildings and sites that they identify and their design shall be consistent with, and not detract from, the overall architectural concept of the site. Signs must be of an appropriate size and scale in relation to the buildings on the lot.
4.2 General Provisions
A. Permitting.
No sign, advertising display or structure, poster or device shall be erected, moved, enlarged or reconstructed except in accordance with this ordinance. All signs, except exempt signs, shall require a permit and fee as prescribed in the Building Code.
B. Administration.
Administration, interpretation, and enforcement of the provisions of this section shall be under the authority of the City Planner or authorized designee. In administering the provisions of this ordinance, the City Planner shall evaluate signs and applications for sign permits for conformity with the design guidelines, standards, and specifications contained herein. Appeals from the application or interpretation of any provision of this section may be processed in accordance with the provisions of Article 9 (Board of Adjustment) of this Ordinance.
C. Unsafe, Dilapidated and Illegal Signs.
If it is determined by the City Planner, or authorized designee, that any sign is unsafe, presents a hazard to the safe operation and movement of motorized or non-motorized vehicular traffic, or to pedestrians, or is in a dilapidated condition, or is in a state of disrepair, or is otherwise in violation of any provision of this ordinance, the owner of such sign shall be responsible for removal of such sign and supporting structure within 14 days of receipt of written notification by the City Planner. In cases where signs are determined to be unsafe or present a hazard the City Planner may order their removal in a shorter period of time. Responsibility for removal shall be in accordance with § 4.10 B, and § 4.11 of this Section.
4.3 Sign Definitions
Abandoned Sign: A sign relating to or identifying a business or activity, which has not been conducted on the premises for 60 days, or 7 days after an election or event.
Adjacent to Residential: Property lines which are situated within 200 feet and which front on the same street as a parcel, or group of parcels containing residential uses, or that are zoned for residential uses, excluding residential uses and districts fronting on principal arterial roads.
Architectural Feature: An exterior component of the architecture of a building, which has a structural, functional or decorative purpose. This term shall apply to elements such as windows, doors, entry porticos, porte-cocheres, colonnades, cornices, porch columns, railings and balusters, band courses, coins, water tables, exterior vents and louvers, moldings and other trim.
Awning Sign: A wall sign that is a part of a fabric or other non-structural awning.
Banner: A lightweight fabric or similar material which is mounted to a pole or structure, either enclosed in a frame or mounted to allow movement caused by the atmosphere.
Canopy Sign: A type of wall sign attached to a permanent, decorative porch or walkway cover other than an awning, which is attached to a building or supported by columns, extending to the ground.
Changeable Copy Sign: Any sign involving mechanical or electronic systems which enable such signs’ letters, numbers, or graphics to be changed periodically to display different text messages or graphics.
Collector and Local Streets: All streets within the corporate limits of the City of Dover which are not specifically classified as principal arterials or minor arterials under the provisions of this ordinance.
Comprehensive Signage Plan: A plan for all signs associated with a Unified Campus or Complex.
Conforming Sign: Any sign that conforms to the provisions of this ordinance.
Construction Sign: A sign which identifies architects, engineers, contractors and other individuals or firms involved with construction on the premises, the name of the building or development, the intended purpose of the building, and/or the expected completion date.
Directional Sign: A freestanding sign whose primary function is to give aid to motorists or pedestrians in locating buildings or roads.
Exclusion Zone: The area adjacent to an existing or proposed free-standing sign within which no other free-standing sign of a similar sign type shall exist or be placed. The exclusion zone shall be measured outward in all directions from the extreme limits of the sign structure a prescribed distance.
Freestanding Sign: A sign that is not attached to a building and is permanently attached to the ground by one or more supports. Freestanding signs include Monument, Pylon, and Post signs.
Frontage: For the purposes of this section, the term frontage refers to a lot’s frontage along a right–of–way, be it public or private, excluding alleys and service drives that are abutting residential properties. The parcel must be directly adjacent to the right–of–way for it to be considered to have frontage.
Historical or Memorial Sign: A sign or tablet attached to a building indicating the date of construction and/or the names of the building, the principals involved in its construction, or the history of the building or the site.
Inflatable Sign: A sign that is designed to be filled with air to form a three-dimensional shape which is designed to be anchored to the ground.
Minor Arterials: DE Route 8 (Forrest Street); McKee Road; Saulsbury Road; College Road; North Street (Saulsbury Road to the western city limits); Kenton Road (College Road to DE Route 8); State Street (from Walker Road north to US Route 13 and Wyoming Avenue south to the southern city limits); Loockerman Street; Leipsic Road; and Governors Avenue (Division Street to the southern city limits) are considered to be minor arterials under the provisions of this ordinance.
Monument Sign: A freestanding sign that is affixed to a base that is equal to or wider than the sign itself. The height of the sign is to be measured from the finished grade to the top of the sign. (See figure 5-3). Such signs shall be situated so as to have the longer dimension oriented horizontal, and to have the shorter dimension oriented vertical.
Mountable Wall Area: The area of wall where a wall sign is to be physically mounted. The area of the wall must be a regular geometric shape (square, rectangle, triangle, or circle), and be uninterrupted by windows, doors, or other architectural features. (See figure 5-4).
Non-conforming Sign: Any sign which does not conform to the regulations of this ordinance, including any signs granted by variance where it can be demonstrated that the original hardship on which the variance was based no longer exists. This definition also includes the structure upon which the sign is erected, or the mounting hardware in the case of wall mounted signs.
Off-Premise Sign (Billboard): A sign, other than a shared free-standing sign as defined by this ordinance, which directs attention to a business, commodity, service or entertainment not conducted, sold or offered on the premises where the sign is located, or which business, commodity, service or entertainment forms only minor or incidental activity upon the premises where the sign is displayed. The sale of a commodity is considered a minor activity if the commodity advertised is a specific brand or if the operator of the on-premises business does not directly control the advertising content. These product-oriented signs shall be considered on-premises signs if they comply with on-premise sign requirements.
On-Premise Sign: A sign which advertises or directs attention to a business, commodity, or service conducted, offered, or sold on the premises, or directs attention to the business or activity conducted on the premises.
Portable Sign: Any sign not permanently attached to the ground or other permanent structure, including but not limited to: signs with attached wheels; A- or T-frame signs; menu and sandwich board signs.
Post Sign: A free standing sign that is attached to the underside of a horizontal plane or arm and is supported by the horizontal plane. (See figure 5-5).
Principal Arterial: US Route 13 , US Route 113 and Court Street between 13 and 113 are considered to be principal arterials under the provisions of this ordinance.
Projecting Sign: A wall sign attached to a building with a bracket or other support projecting at a right angle from the building face. (See figure 5-6).
Public Sign: A sign erected by or on behalf of a governmental body to post a legal notice, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.
Pylon Sign: A sign that is held up by a pole or poles. The supporting structure must be narrower than the sign itself. (See figure 5-7).
Race Weekend Sign: Any sign erected seven (7) days prior to or after a sanctioned automobile race for the purpose of advertising products and services to race fans.
Real Estate Sign: A sign advertising the premises for sale, rent or lease.
Roof Sign: A sign that is attached or painted on the roof including porch roofs, dormer roofs, overhang roofs, canopy roofs or roof of another architectural feature. Signs on the lower portion of a mansard or canopy are considered wall signs.
Shared Free-Standing Sign: A sign structure which is shared among not more than two (2) non-residential properties or business interests for the purpose of displaying the name, logo type or other commercial message of not more than two (2) non-residential occupants of said adjoining properties.
Sign:Any letter, word, model, banner, pennant, insignia, trade flag, device or representation used as, or which is in the nature of, an advertisement, attraction, or directive.
Sign Area: Sign area is determined by calculating the area of an imaginary rectangle, circle or triangle which fully encloses the sign face, including background and logos but not including supports or braces. For sign structures limited to two (2) sign faces of identical dimensions oriented parallel to one another and not more than 24 inches apart, sign area shall be determined by calculating the area of one of the sign faces. For all other multi-faced signs, the sign area shall be determined by calculating the sum of all sign faces in aggregate.
Sign Face: The outwardly visible portion of the sign upon which a name or names, logo types or other commercial message, or combination thereof, is displayed.
Sign Height: The height of a sign shall be the vertical distance from normal grade to the highest point of the sign. Any berming, filling or excavating solely for the purpose of locating the sign, shall be computed as a part of the sign height.
Sign Setback: The straight line distance measured in linear feet between the street right-of-way line and the nearest element of a sign.
Temporary Sign: Any sign which is intended for temporary use or which is not permanently mounted and intended for a designated period in time not to exceed 30 days.
Unified Campuses and Complexes. The term ‘unified campuses and complexes’ means:
1)Any shopping center as the term is defined in this ordinance;
2) Or, any group of three (3) or more principal structures under common management and operation located on one or more contiguous properties;
3) Or, any single commercial or institutional parcel which has more than 400 linear feet of frontage on a principle arterial roadway which is occupied by a conforming commercial or institutional use.
Unified Campuses and Complexes include, but are not limited to, shopping centers; entertainment, educational, medical, governmental, or religious campuses; office complexes; and industrial parks.
Vehicle Sign: A sign displaying a name or names, logo types, graphics, commercial messages or any combination thereof which is attached to, painted on, or otherwise applied to a motor vehicle.
Wall Sign: Any sign, other than a projecting sign, which is attached to or painted on any wall of any building and projects from the plane of the wall less than 12 inches. A sign attached to the lower slope or face of a mansard roof, canopy, or awning, shall be considered a wall sign for purposes of this ordinance. For purposes of this section only, a "wall" shall include any permanent architectural extension of a wall, including parapets, even if such extension projects beyond or above the enclosed portions of the building. Canopy, marquee, and awning signs are all types of wall signs. (See figure 5-8).
Wall Area: For purposes of calculating wall area the calculations shall include the height of the wall from ground level to the roofline (mansard roofs also count as wall area) multiplied by the width of the wall. (including all architectural features). (See figure 5-4).
Window Sign: A wall sign which is attached to, painted on or etched into a window or door or which is displayed within 12 inches of the window and is legible from outside the window.
4.4 Design Requirements
A. Freestanding Signs
1. Freestanding signs, and attendant structures and bases, shall be designed as an integral part of the site development and shall be coordinated and compatible with site grading, utility placements, landscaping and architectural elements.
2. Freestanding signs and associated landscaping shall be situated and maintained so as not to impair or block visibility of motorists and/or pedestrians traveling within the public street right-of-way or entering, exiting or crossing vehicular site entrances.
3. Freestanding signs shall be situated on the site and dimensioned so as not to substantially impair or block the visibility of adjacent buildings and/or existing signs.
4. All freestanding signs shall respect the exclusion zone. When a sign is not permitted within the exclusion zone a second wall sign may be permitted in accordance with the wall sign regulations.
5. When the presence of an existing free-standing sign on an adjoining property precludes a property from placing a freestanding sign due to exclusion zone provisions, the two (2) adjoining property owners and/or business interests may share a single free-standing sign structure in accordance with the provisions of §4.9 G.
B. Materials and Craftsmanship of Signs.
Signs shall be carefully crafted, durable, and consistent with the quality and permanence of the buildings and sites that they identify. Lettering shall be of a professional quality.
C. Wall Sign Placement.
1. When wall signs are planned, such signs shall be designed as an integral component of the building facade architectural composition.
2. Wall signs shall be limited in area and number in accordance with the provisions of § 4.7, except that the aggregate area of a wall sign on a building shall not exceed 50% of the mountable wall area of the building.
3. Wall signs shall be situated so as not to cover or overlap decorative architectural elements such as cornices, belt courses, and window and doorframe moldings. Wall signs shall not project beyond the exterior wall corners of a building.
4. In cases where only one wall sign is permitted because the lot has one frontage, the owner may choose to locate the sign on any exterior wall of the building to afford the best possible visibility for the traveling public.
D. Illumination.
Sign lighting is one of the greatest sources of light in commercial districts. The glare and aesthetic impacts of signage depend strongly on the design of the sign and its lighting. Proper illumination affects the legibility of signs. This section discourages excessive lighting by favoring darker backgrounds for internally illuminated signs, and the lighting of only the sign faces for externally illuminated signs to reduce light pollution, while increasing legibility.
1. Signs that are equipped with illumination sources shall be designed to be equally legible during the day and at night.
2. The intensity of illumination for the sign shall not be excessively bright and shall be evenly illuminated over the face of the sign with no bright spots in order to prevent direct glare.
3. Exterior illumination shall be shielded so that its direct light is confined to the surface of the sign.
4. Internally illuminated signs, except changeable copy signs, not in or not adjacent to residential areas must conform to one of the following styles:
(a) Illuminated with an opaque background and translucent text or symbols.
(b) Illuminated with a colored, (not pure white, off-white, light gray, cream, or yellow) background and lighter text or symbols.
(c) Illuminated, with a background that is white, yellow, off white, light gray, cream, consisting of no more than 40% of the sign area and not less than 60% is text or symbols of a dark color.
5. Internally illuminated signs in or adjacent to a residential use must conform to one of the following styles:
(a) Illuminated with an opaque background and translucent text or symbols.
(b) Illuminated with a colored, (not pure white, off-white, light gray, cream, or yellow) background and lighter text or symbols.
E. Changeable Copy Signs.
1. Changeable copy signs may be incorporated into a sign face when the changeable component of the sign face occupies less than seventy percent (70%) of the total area of that sign face.
2. Changeable copy sign area shall be integrated into the sign face and shall be enclosed by a border or similar enclosure so as to form one sign panel.