City of Broken Arrow - File #: 19-560

Date	Action By	Action	Result	Action Details	Meeting Details	Video
5/9/2019	Planning Commission			Not available	Meeting details	Video

Broken Arrow Planning Commission

05-09-2019

To: Chairman and Board Members

From: Development Services Department

Title:

title

Public hearing, consideration, and possible action regarding the proposed modifications to Sections 5.7 (Signs) of the Broken Arrow Zoning Ordinance

End

Section 5.7 of the Zoning Ordinance is proposed to be modified to update the Sign Code requirements. The existing Sign Code was approved by the City Council in January 2008 and has been in effect since February 2008 with modifications/updates in preceding years.

In 2015, the Supreme Court ruled in Reed v. Town of Gilbert, AZ, 135 S.Ct. 2218 (2015) that the town’s sign regulations were content based and unconstitutional regulation of speech because it included different rules for different categories of signs. If a sign code includes content based language, it is subject to strict scrutiny by the courts and the municipality must be able to demonstrate that the language is included to further a compelling government interest. One way to do show a compelling government interest is to establish a clear purpose and intent for the code. A section outlining the purpose and intent of the Sign Ordinance has been expanded in Section 5.7.

Since Reed v. Town of Gilbert, AZ, many communities across the country have amended their sign codes to ensure that language within the code is not content based and complies with this ruling. Accordingly, the City of Broken Arrow is amending Section 5.7 of the Zoning Ordinance. Content neutral regulations address time, place and manner such as the size, location and the amount of time signs can be displayed. Additional amendments to the sign code are intended to clarify language and to provide criteria for newer technology in signs such as electronic message centers with LED (Light Emitting Diode) lighting. The existing Zoning Ordinance includes definitions in Chapter 10. With the proposed update to Section 5.7, a definitions section is proposed to be added to the Sign Code. Detailed changes are noted below and in the attached document.

Item	Proposed Modification
Section A.1-6	Expand Purpose and Intent Section.
Section A.7	Add Administration Clause.
Section A.8	Add Substitution Clause.
Section B.2	Remove reference to “election signs and temporary real estate signs.”
Section B.2	Remove “the Building Inspection Office, and replace with “Development Services.”
Section B.2.d	Amend subsection “d” to require elevations of proposed sign location in comparison to other structures and elements.
Section B.2.e	Renamed from subsection “d” to “e.”
Section B.2.f	Renamed from subsection “d” to “f.”
Section B.2.g	Renamed from subsection “f” to “g.”
Section B.3.a	Add business owner as person eligible to obtain sign permit with lot owner’s authorization.
Section C.1.a	Add “and Area 6 of the Downtown Residential Overlay District (DROD).”
Section C.1.a.i	Amend the definition of the ultimate right-of-way at arterial street intersections to be consistent with the currently adopted Comprehensive Plan.
Section C.1.a.iii	Add restriction on flashing, intermittent, animated or moving signs.
Section C.1.b.i	Amend the types of signs that may be permitted within fifty feet of residential districts except subdivision identification signs or those permitted with a Planned Unit Development.
Section C.1.b.iii	Amend language to restrict intermittent, animated graphic, or moving signs within twenty feet of a street right-of-way or within 200 feet of a residential district.
Section C.1.b.iv	Reduce setback of signs from two hundred feet to one hundred feet of a residential district.
Section C.1.c	Revise location of reference to Subsection 5.7.C within this subsection.
Section C.1.d	Remove the word “standard.”
Section C.1.e.i	Add requirement for modifications to existing poles signs to warrant the signs to become compliant with sign design standards.
Section C.2.a	Add new subsection titled Incandescent Illumination
Section C.2.b	Add new subsection titled LED (Light Emitting Diode), Digital Signs
Section C.3	Reduce the separation requirement for freestanding signs from one thousand feet to five hundred feet.
Section C.4.a	Add subsection allowing maintenance of existing billboards but prohibiting any new billboards.
Section C.5.b	Reduce the height of turnpike right-of-way or limited highway access signs from fifty feet to thirty feet.
Section C.5.c	Add the word “vertical” to height clearance for signs over pedestrian walkways.
Section C.6.b.i	Add language limiting turnpike or highway signs to a maximum of 300 square feet for lots with a single sign per lot.
Section C.6.b.ii	Add language limiting turnpike or highway signs to a maximum of 500 square feet for lots with multiple signs per lot.
Section C.6.c.i	Add clarifying language of “linear” foot of” lot frontage, and add “not to exceed 300 square feet.”
Section C.6.c.ii	Add clarifying language of “linear foot of” lot frontage, and add “not to exceed 300 square feet.”
Section C.9.b	Remove the words “real estate.”
Section C.9.b.i	Add the word “Signs.”
Section C.9.b.ii	Add subsection for signs with active construction
Section C.9.c	Remove subsection on temporary construction signs
Section C.9.c	Change subsection name from “d” to “c.”
Section C.9.d	Change subsection name “e” to “d.”
Section C.9.e	Change subsection name “f” to “e.”
Section C.9.f	Change subsection name “g” to “f.”
Section C.9.h	Remove subsection “h” on temporary election signs
Section C.9.i	Change subsection name from “i” to “g.”
Section C.9.j	Change subsection name from “j” to “h.”
Section C.9.k	Change subsection name from “k” to “i.”
Section C.9.l	Change subsection name from “l” to “j.”
Section C.9.m	Change subsection name from “m” to “k.”
Section C.9.n	Change subsection name from “n” to “l.”
Section C.10.b	Remove the following language: “is not an advertisement for any type of commerce and such sign.”
Section C.10.c	Removed the word “Standard.”
Section C.10.d	Add subsection “d” exempting flags or pennants.
Section C.10.e	Add subsection “e” exempting temporary decorations or displays.
Section C.10.f	Add subsection “f” exempting signs by public utility companies or construction companies that warn of danger or hazardous conditions.
Section C.13	Add Section C.13 language regarding pole sign construction material.
Section C.14	Change existing Section C.13 to C.14.
Section C.14.a	Language added to limit wall signs in the DM and DF districts not to exceed ten percent of the main floor façade area.
Section C.14.a.i	Add subsection “i” to limit projecting signs to 12 square feet in area and identifying the location for projecting sign brackets to be placed under a second floor window sill or a maximum of 15 feet from the street level.
Section C.14.a.ii	Add subsection “ii” permitting neighborhood identification signs as outline in the Downtown master Plan and the Downtown Residential Overlay District (DROD).
Section C.14.a.iii	Add subsection “iii” regulating that when two or more businesses occupy the same building, signs shall be grouped together in a single panel.
Section C.14.a.iv	Add subsection “iv” stating that all signs in the DROD require approval of the Development Services Director.
Section C.14.c	Add Section C.14 allowing for properties having commercial uses located within Area 7 of the DROD to be subject to the requirements of Section 5.7.C with additional requirements (see below).
Section C.14.c.i	Signs for commercial uses in Area 7 of the DROD shall be limited to ten feet in height and fifty square feet in area and include a masonry base
Section C.14.c.ii	No pole signs shall be permitted.
Section C.14.c.iii	Signs for commercial uses in Area 7 of the DROD shall be setback fifty feet from lots with single-family residential.
Section E.2	Remove the following under Agricultural and Residential Zoning Districts: “which function as on premises advertising signs and are” “educational” “only, the maximum display surface area and height” “which shall be based upon the total linear foot of lot frontage. Illumination may be provided as long as it is made by constant light, does not exceed seventy foot candles (70 fc) as measured as a distance of two feet (2’) from the source of the light.”
Section E.3	Add “Permanent freestanding signs located on lots for education institutions may be constructed and maintained to the standards contained in Section 5.7.C of this article.”
Section E.4	Change existing Section E.3 to E.4.
Section E.4	Add the following to Section E.4: “LED Signs are not permitted for subdivision entrance signs.”
Section E.5	Change existing Section E.4 to E.5.
Section E.5	Add the words “planned or active.” Remove the word “temporary.” Add “LED signs are not permitted for new subdivision construction signs.”
Section E.6	Changed existing Section E.5 to E.6.
Section E.6	Remove “Temporary Construction.”
Section F.1.g	Remove “Standard.”
Section F.1.h	Add subsection F.1.h “Sandwich board signs, also known as A-frame signs, are allowed only in Area 5 and 6 of the Downtown Residential Overlay District during business hours and do not require a permit. They must allow for a clear path of travel at all times and shall not interrupt pedestrian activity.”
Section F.5	Remove the following: “Convenience Store” “(This section added 12-01-09)” “(Ord #3066 adopted 12-01-09)”
Section F.6	Remove the following: “(This section added 10-06-09)” “Convenience Store” “(Ord #3066 adopted 12-1-09)”
Section G	Add Section G. Definitions

Attachments: Proposed Changes to the Sign Ordinance

Recommendation:

Recommend approval of proposed modifications to Section 5.7 of the Broken Arrow Zoning Ordinance, as presented, and an Ordinance be drafted for City Council approval.

Prepared and Approved By: Larry R. Curtis

JMW