Discussion and possible action to adopt ORD. 2018-08, amending Chapter 21 of the Peoria City Code (1977 Edition), by amending Sections 21-827 through 21-855 Signs.

Introduction:

The Planning Division has undertaken the task to modernize Section 21-827 through 21-855 of the Zoning Ordinance, otherwise known as the Sign Code.  As noted in previous study sessions, the Sign Code has not been comprehensively updated since City Council approved it in 1989.  Since that time, the City of Peoria has since tripled in population, and the legal and industry best practices related to signage have changed as well. Additionally, the 2015 Supreme Court decision in Reed v. Town of Gilbert has dictated the need for municipalities across the country to reassess their sign regulations. 

Key to the Reed v Town of Gilbert decision was the concept that signage regulations could not be “content-based”.  In essence, this means that the city’s zoning ordinance cannot regulate signs based on the signs’ messages or images – essentially what the sign “says”. However, the current Peoria Sign Code frequently uses the sign’s message to determine its classification.  For example, a sign used to advertise the availability of real property is currently classified as a “Sale, Lease, or Rent Sign”, and a “Directional Sign” is a sign that provides directional information to assist vehicular or pedestrian traffic flow. In this instance, the person would need to read the sign to know which Sign Code regulations would be applicable, which is in conflict with the Supreme Court decision.  Consequently, staff believed a comprehensive review of the Peoria Sign Code was necessary.

There are several overarching concepts at the basis of this code modernization effort:

1. Remove content-based regulations in order to comply with the Supreme Court decision in Reed v Town of Gilbert.

2. Increase the ease-of-use of the new Code for all users, including the general public, signage professionals, and staff. 

3. Provide regulations that achieve the stated purposes of the code, thereby facilitating communication through signage while creating a functional and aesthetically appealing environment.

    

Methodology

• Achieve compliance with Supreme Court decision: The proposed draft categorizes signs based on the physical characteristics of the sign instead of the message, and also considers characteristics of the site/property on which the sign is located.

• Increase ease-of-use: In order to increase ease-of-use and transparency, the format of the proposed code looks very different than the current Sign Code. The following approach were employed during the comprehensive re-write:

  • Reduce the number of sign types,

  • Reduce and reformat text, and add new tables and images to help illustrate the principles and objects.

  • Provide quick reference tags and boxes indicating whether a sign permit is required.

• Create a functional and aesthetically appealing environment: Design and integration criteria for permanent signs have been included in the Sign Code. Consequently, all permanent signs are required to be fully integrated with the design of the building and the site development, and reflective of the architecture, building materials and landscape elements of the project.

Process:

Given the extensive nature of the task, the Sign Code Modernization project has been an iterative process. The proposed Sign Code, which is attached as Exhibit B to this report, has been refined as a result of several rounds of comments from internal City staff, and well as external stakeholders and the general public. This has included internal research and regional benchmarking, interdepartmental involvement, and external stakeholder outreach and involvement through in-person meetings and other communication to gather input and feedback.

A brief summary of the various outreach efforts is below:

• Stakeholder Meetings: Industry representatives and key stakeholders were invited to two stakeholder meetings that were held on April 6, 2016, and December 1, 2016.

• Individual Stakeholder Meetings: Since the December stakeholder meeting, staff has met with additional stakeholders and continued to incorporate feedback received.

• Available on Website: The draft code has been posted on the City website and provided to stakeholders by email. Stakeholders were able to contact staff by email, phone or visit staff in person to provide additional feedback throughout the process. 

• Planning & Zoning Commission Study Sessions: March 3, 2016, November 17, 2016, September 7, 2017 and January 18, 2018.

• City Council Study Sessions: March 1, 2016, December 6, 2016, and September 19, 2017.

After receiving additional input from City Council and Planning and Zoning Commission last fall, City staff continued refining the draft Sign Code. Additional enhancements have also occurred through continued dialog with stakeholders such as the Home Builders Association of Central Arizona (HBACA), West Maricopa Association of Realtors (WeMAR), and representatives from the sign industry. 

On January 18, 2018, City staff brought forward the revised draft Sign Code as a study session item for consideration by Planning & Zoning Commission. Subsequent changes to the proposed Sign Code occurred based on feedback received from the Commission, along with incorporations of stakeholder’s minor revisions to further clarify the proposed regulations. The resulting final draft of the proposed Sign Code was presented to Planning & Zoning Commission for consideration on February 1, 2018, along with a letter of support received from HBACA, and a letter of appreciation from WeMAR (Exhibit A)

The Planning and Zoning Commission held a Public Hearing on February 1, 2018 to consider the proposed text amendment.  The Commission voted 7-0 in favor of recommending approval of the request, as presented by City staff.  One member of the public spoke in support of City staff’s efforts at the hearing.

A: Approve as recommended by the Planning & Zoning Commission; or

B: Approve with modifications; or

C: Deny; or

D: Continue action to a date certain or indefinitely; or

E: Remand to the Planning & Zoning Commission for further consideration.

APPROVE as recommended by Staff and the Planning & Zoning Commission. 

 No direct fiscal impact.