HomeMy WebLinkAboutA001 - Memo dated March 20, 2017 regarding proposed ordinance to clarify sign code provisions 41
CITY OF MEMO
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To: Mayor Campbell and Members of the City Council
From: Judy K. Parks, City Attorney
Date: March 20, 2017
Subject: Proposed ordinance to clarify sign code provisions
Chapter 21 of the Municipal Code regulates signs, and among its provisions, it describes
regulations for several specific categories of signs. For most sign categories, the code
prohibits them from being on or across city property except with approval of the City
Council. When that exception language is present, an encroachment permit is the
process used for a sign application to come before council so that a determination can be
made whether that specific sign should be allowed in the right-of-way.
Apparently, the exception process was at one time applicable to ground and projecting
signs, since there are encroachment permits in existence allowing them in or over the
right-of-way. However, the exception language was inadvertently omitted at some point
in the past from the sign code regulations for those two categories of signs, even though
encroachment permits continued to be granted for those two types of signs.
To clarify that the process for seeking exceptions to allow ground and projecting signs
in the right-of-way is authorized, staff is proposing to amend the two sign code
provisions by specifically putting in the exception language which is missing. This
amendment will align the language in the code with the encroachment permit
procedures so that code and practice are consistent with each other. Staff believes an
amendment to those two regulations is appropriate since the existence of encroachment
permits for these types of signs is evidence that the City had never intended to prohibit
those two types of signs from ever being present in the right-of-way.
I have prepared an amendment that would add the language allowing exceptions to be
granted by council for those two categories of signs.
Your favorable consideration of this clarifying amendment is requested.
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