Label
Zoning & Planning Committee
Title
Amending Toledo Municipal Code (TMC), Part Thirteen, Subsection 1379, 1383, 1389, 1393, and 1397 regarding the prohibition of pennants and feather flags, and an amendment to electronic message center signs in the Sign Code; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The request is a Text Amendment to modify regulations for temporary signage. The definition in the Toledo Municipal Code (TMC) for temporary signage includes banners, pennants, flags (not intended to include flags of any nation), searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas-filled figures. This amendment focus primarily on feather flags, pennants and banners. The change was initiated in early 2017 after discussions with members of the public who were concerned about the proliferation of these types of signs throughout the City.
Most of this signage is already fairly restricted in the sign code, but additional changes could be made to improve and clarify the regulations. There are currently two main types of temporary signage allowed in the City: regulations for grand openings or special events (TMC 1393.08) and regulations for banners, pennants, and flags (TMC 1389.05). Temporary signage is allowed for grand opening (in any commercial or industrial zoning district), a new residential subdivision, or a special event. The permit is valid for fifteen days. Banners, pennants, and flags (excludes nation, state or corporate) used for advertising a business or event are permitted in the CR, IL, IG, and IP zoning districts when located on a major street for a maximum of six months. The regulations also include specific standards concerning size, quantity and location.
Temporary signage is also covered under special signage (TMC 1389.01) and exempt signage (TMC 1391.02). Special signage allows temporary signage for subdivision marketing with a permit. Exempt signage contains provisions for election signage, real estate signs, special events at churches or schools, or incidental signage such as “open” signs and does not require a permit. These types of sign regulations are problematic because of recent court decisions that have found it to be in violation of the first amendment because it provides special requirements based on the content or “speech” of the sign. However, addressing all of these items would require a full rewrite of the sign code and exceed the resources available to the Plan Commission.
This proposal offers the following changes to the sign code:
• Removes the provisions in TMC 1393.08 for grand openings, special events, or subdivisions and prohibits most of the temporary signage listed. The provisions for subdivision signage in TMC 1389.01 and special event signage in TMC 1391.02 will remain in place at this time.
• Adds a flag sub-category for “Feather Flags” in the definition section and prohibits this sign type in TMC 1393.08.
• Removes pennants from TMC 1389.05 and prohibits the sign type from use in the revised TMC 1393.08.
• Modifies the allowable time for flags and banners from six months to thirty consecutive days in a calendar year.
Additionally, this proposal also corrects a minor typo in the recently approved EMC language where an “or” was used in place of an “and” and clarifies the ability of the Sign Inspector to remove illegal signage in the public right of way.
On December 7, 2017 the Toledo City Plan Commission considered and recommended approval of the requested text amendment.
On January 10, 2018, Toledo City Council, Zoning & Planning Committee reviewed, and recommended approval of the requested text amendment.
Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code, Part Thirteen, Subsection 1383.09, which reads as follows:
1383.09. Permit fees.
Application for permits, except for exempt signs as enumerated and defined in Section 1391.02, shall be filed with the Administrator together with a permit fee for each sign as specified herein; provided, however, that the minimum fee for a permit shall be twenty-five dollars ($25.00). The maximum total fee for any single sign shall be two hundred fifty dollars ($250.00) permit fee for each sign.
(a) On-premise signs.
All on-premise signs visible from a public right of way and/or public street, except flags, banners and pennants, shall be calculated at a base fee of thirty-five dollars ($35.00), plus fifty cents ($0.50) a square foot.
(1) The calculation on a free-standing pole, ground, monument or any similar or roof sign shall be based only on one face of the sign. That calculation shall be based on the largest face of the sign.
(2) Facia or wall signs: only the copy area as calculated in this Code shall be included in the above-mentioned fee.
(3) Fees on signs painted by hand, directly on building wall, shall be calculated at one-half the above rate.
(4) Flags, banners and strings of pennants shall have a permit fee of twenty-five dollars ($25.00) for each flag, banner or 200 feet of pennants or part thereof, which is displayed. The maximum fee for all flags on one site shall be eighty dollars ($80.00) for a six-month period. The maximum total fee for all banners and pennants on one site shall be eighty dollars ($80.00) for a six-month period. The maximum total fee per site, for sites which install flags, banners and string of pennants, shall be one hundred dollars ($100.00) for a six-month period.
Be amended to read as follows:
1383.09. Permit fees.
Application for permits, except for exempt signs as enumerated and defined in Section 1391.02, shall be filed with the Administrator together with a permit fee for each sign as specified herein; provided, however, that the minimum fee for a permit shall be twenty-five dollars ($25.00). The maximum total fee for any single sign shall be two hundred fifty dollars ($250.00) permit fee for each sign.
(a) On-premise signs.
All on-premise signs visible from a public right of way and/or public street, except flags, banners and pennants, shall be calculated at a base fee of thirty-five dollars ($35.00), plus fifty cents ($0.50) a square foot.
(1) The calculation on a free-standing pole, ground, monument or any similar or roof sign shall be based only on one face of the sign. That calculation shall be based on the largest face of the sign.
(2) Facia or wall signs: only the copy area as calculated in this Code shall be included in the above-mentioned fee.
(3) Fees on signs painted by hand, directly on building wall, shall be calculated at one-half the above rate.
(4) Flags and banners shall have a permit fee of twenty-five dollars ($25.00) for each flag, or banner, which is displayed. The maximum fee for all flags on one site shall be eighty dollars ($80.00) for a six-month period. The maximum total fee for all banners on one site shall be eighty dollars ($80.00) for a six-month period. The maximum total fee per site, for sites which install flags and banners shall be one hundred dollars ($100.00) for a six-month period.
SECTION 2. That Toledo Municipal Code, Part Thirteen, Subsection 1389.05, which reads as follows:
1389.05. Flags, banners and pennants.
(a) Flags, banners and pennants shall be permitted in C-3 CR Commercial and for conforming C-3 uses under the forty percent (40%) rule in IL, IG, and IP industrial zoning districts, as provided in this section.
(b) Minimum Clearance. Where a flag, banner, or string of pennants is attached only to a free-standing sign the minimum clearance between the bottom of the flag, banner, or pennant and the ground shall be seven feet. All other installations of flags, banners, or pennants shall have a minimum clearance of fourteen feet except for pennants displayed in a maypole arrangement, banners or pennants displayed flat against a building and flags on top of a building.
(c) Number, Size and Setback. Each business premises with one or more businesses, which has individual recorded lot frontage on arterial or major collector streets may display either a banner not more than fifteen feet in length, and not more than one square foot in area for each three feet of frontage up to a maximum of thirty square feet in area or pennants which contain no written message or symbol, in the amount of one lineal foot of pennants for each foot of frontage. Individual pennants on a string shall be no wider than one foot at the base and no longer than two feet from base to tip. Business sites with ninety feet or more of such arterial street frontage may display both a banner and pennants as set out above. Sites with 200 feet or more frontage on an arterial street and which are two acres or more in area may display up to one additional 200-foot string of pennants provided the additional pennants shall not be displayed within ten feet of the right of way.
Banners and pennants may be displayed on a legal pole or sign or flat against a building, but not abutting a residential district within the setback required from such district, or in other locations which are not within the required side or rear yard. Such signs shall be not less than ten feet from the front lot line provided, however, a single line of pennants may be strung parallel to the lot line within the ten-foot setback, if attached to light poles or signs in the setback which were installed prior to November 1, 1983, and one or more strings of pennants, running from a structure outside the setback, may also be attached to such poles or signs, but with not more than one such string to each pole or sign. Pennants may also be displayed in a maypole arrangement around a pole or sign in the ten-foot setback area, provided no string of pennants extends more than ten feet from the pole and no other pennants are displayed on the site.
Flags may be displayed not more than one on a free standing pole or a pole attached to a building provided each flag may contain a written message. Flags shall not be displayed in required side or rear yards, or nearer than ten feet to a front lot line other than on top of an existing, main building, or when flown from a light pole or flag pole installed prior to November 1, 1983. Flags shall be no larger than twelve square feet in area, and shall not overhang the right of way. One such flag may be displayed, as set out above, for each fifteen feet of frontage on an arterial street, for up to six flags. Additional flags within the arterial street frontage requirement, may be approved by the Commissioner of Inspection, with the advice of the Arts Commission or the Plan Commission staff, which he finds enhance the site aesthetically and do not contribute to an overall sign clutter in the area.
(d) No flag, banner or pennants shall be maintained which interfere with traffic signals, regulatory signs, sight distance at a street or driveway intersection or otherwise conflicts with safe driving. All proposed installation of flags, banners or pennants within the site distance triangle of an arterial street intersection or within ten feet of the right of way, shall be referred to the Commissioner of Transportation for review. The review shall consider traffic safety, sign clutter and design. Approval may be conditioned on modification of the location or arrangement of the proposed sign display. The site distance triangle, for the purposes of this section, is the triangle formed by the curb, or where there is no curb the edge of pavement, on each intersecting street, and a straight line connecting a point on each curb or edge of pavement line. The point shall be 200 feet distant from the intersection of the curb or pavement edges.
(e) Each permit issued for a flag, banner or a pennant shall be considered temporary, and will expire in six months.
(f) All flags, banners or pennants shall be properly maintained so that they will not become torn, faded or otherwise mutilated and shall remain in good condition at all times or be subject to removal.
Be amended to read as follows:
1389.05. Flags and banners.
(a) Flags and banners shall be permitted in CR and in IL, IG, and IP zoning districts, as provided in this section.
(b) Minimum Clearance. Where a flag or banner is attached only to a free-standing sign the minimum clearance between the bottom of the flag or banner and the ground shall be seven feet. All other installations of flags or banners shall have a minimum clearance of fourteen feet except for banners displayed flat against a building and flags on top of a building.
(c) Number, Size and Setback. Each business premises with one or more businesses, which has individual recorded lot frontage on arterial or major collector streets may display one banner not more than fifteen feet in length, and not more than one square foot in area for each three feet of frontage up to a maximum of thirty square feet in area.
Banners may be displayed on a legal pole or sign or flat against a building, but not abutting a residential district within the setback required from such district, or in other locations which are not within the required side or rear yard. Such signs shall be not less than ten feet from the front lot line.
Flags may be displayed not more than one on a free standing pole or a pole attached to a building provided each flag may contain a written message. Flags shall not be displayed in required side or rear yards, or nearer than ten feet to a front lot line other than on top of an existing, main building, or when flown from a light pole or flag pole installed prior to November 1, 1983. Flags shall be no larger than twelve square feet in area, and shall not overhang the right of way. One such flag may be displayed, as set out above, for each fifteen feet of frontage on an arterial street, for up to six flags. Additional flags within the arterial street frontage requirement, may be approved by the Commissioner of Inspection, with the advice of the Arts Commission or the Plan Commission staff, which he finds enhance the site aesthetically and do not contribute to an overall sign clutter in the area.
(d) No flag or banner shall be maintained which interfere with traffic signals, regulatory signs, sight distance at a street or driveway intersection or otherwise conflicts with safe driving. All proposed installation of flags or banners within the site distance triangle of an arterial street intersection or within ten feet of the right of way, shall be referred to the Commissioner of Transportation for review. The review shall consider traffic safety, sign clutter and design. Approval may be conditioned on modification of the location or arrangement of the proposed sign display. The site distance triangle, for the purposes of this section, is the triangle formed by the curb, or where there is no curb the edge of pavement, on each intersecting street, and a straight line connecting a point on each curb or edge of pavement line. The point shall be 200 feet distant from the intersection of the curb or pavement edges.
(e) Each permit issued for a flag or banner shall be considered temporary, and is valid for a maximum of thirty consecutive days. Only one permit shall be issued per year per premise.
(f) All flags and banners shall be properly maintained so that they will not become torn, faded or otherwise mutilated and shall remain in good condition at all times or be subject to removal.
SECTION 3. That Toledo Municipal Code, Part Thirteen, Subsection 1393.08, which reads as follows:
1393 Prohibited Signs
1393.08. Banners.
(a) Banners, flags, pennants, search lights, twirling signs, sandwich board signs, sidewalk or curb signs, balloons, gas-filled figures shall not be used on a permanent basis. (See Figure 24 in Chapter 1387).
(b) Signs described in subsection (a) hereof shall be permitted at the opening of a new business in a commercial or industrial district for a total period not to exceed fifteen days. Banners, flags and pennants shall be allowed in residential districts in conjunction with a demonstration of model homes in a new subdivision conducted by a realtor for two days before the opening of such demonstration to two days after and not to exceed a total period of fifteen days in any calendar year.
(c) Signs described in subsection (a) hereof shall be permitted at special events of a civic or philanthropic nature upon application to and approval by the Administrator.
Be amended to read as follows:
1393 Prohibited Signs
1393.08. Temporary Signs
(a) Pennants, search lights, twirling signs, sandwich board signs, sidewalk or curb signs, balloons, air or gas-filled figures or feather flags are prohibited.
SECTION 4. That Toledo Municipal Code, Part Thirteen, Subsection 1379.01, which reads as follows:
1379.01 Definitions.
(42) "Flag" means a piece of cloth or other flexible material varying in size, shape, color and design, usually attached at one edge to a staff or cord and which may be imprinted with an advertising message or design, or be of bright colors to attract attention. Not included are those flags, emblems or insignia of any nation, political subdivision or corporation.
Be amended to read as follows:
1379.01 Definitions.
(42) "Flag" means a piece of cloth or other flexible material varying in size, shape, color and design, usually attached at one edge to a staff or cord and which may be imprinted with an advertising message or design, or be of bright colors to attract attention. Not included are those flags, emblems or insignia of any nation, political subdivision or corporation.
(a) “Feather flag” means a vertically elongated piece of cloth or other flexible material typically attached to a curved plastic or metal shaft and secured to the ground without a permanent foundation.
SECTION 5. That Toledo Municipal Code, Part Thirteen, Subsection 1393.09, which reads as follows:
1393.09. Flags.
Flags other than those of any nation, state or political subdivision or corporate flag are prohibited on a permanent basis and except as set forth in Sections 1393.08(b) and 1389.05.
Be amended to read as follows:
1393.09. Flags.
Flags other than those of any nation, state or political subdivision or corporate flag are prohibited except as set forth in Section 1389.05.
SECTION 6. That Toledo Municipal Code, Part Thirteen, Subsection 1393.11, which reads as follows:
1393.11. "A" frame signs.
"A" frame or sandwich board, sidewalk or curb signs are prohibited except for temporary use as provided in Section 1393.08. (See Figure 26 in Chapter 1387).
(1952 Code § 43-8-10)
Be amended to read as follows:
1393.11. "A" frame signs.
"A" frame or sandwich board, sidewalk or curb signs are prohibited. (See Figure 26 in Chapter 1387).
SECTION 7. That a new Toledo Municipal Code, Part Thirteen, Subsection 1389.06.c.1 Electronic Message Centers, which reads as follows:
1389.06.c.1 Electronic Message Centers (EMCs)
A. In any residential district, an EMC shall not exceed the maximum allowable height of 6 feet or 50% of allowable sign area of TMC 1387.02 up to a maximum of 16SF. Sign area restriction is for EMC copy only.
Be amended to read as follows:
1389.06.c.1 Electronic Message Centers (EMCs)
A. In any residential district, an EMC shall not exceed the maximum allowable height of 6 feet and 50% of allowable sign area of TMC 1387.02 up to a maximum of 16SF. Sign area restriction is for EMC copy only.
SECTION 8. That a new Toledo Municipal Code, Part Thirteen, Subsection 1397.07, to read as follows:
1397.07. Disposal of signs; fees.
(d) Signs found in the public right of way, and not otherwise permitted, may be removed by the Administrator without notice.
SECTION 9. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide for the orderly development of the area and to protect the land values in the area.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council