Item 8AMEMORANDUM
June 30, 2010
TO: Honorable Mayor and City Council
FROM: Ken Baker, AICP, Director of Planning and Development Services
SUBJECT: Resolution 10 -031 Moratorium on Readerboard Signs (Electronic and
Manual)
Action
Requested: Declare a 90 -day moratorium on the acceptance or processing of any
sign applications for readerboard (electronic or manual) signs as defined
in Sign Ordinance No. 704 -D, excluding government signs.
General
Background:
Recently concerns have been raised regarding the placement and use of
readerboard signs within the City of Southlake. The regulations for
readerboard signs in Sign Ordinance No. 704 -D may not adequately
address the detrimental impacts of these signs. A moratorium is
necessary to allow time for staff to conduct research on the use and
regulation of readerboard signs and to propose revisions to the Sign
Ordinance regulations for readerboard signs. A readerboard sign is
defined as a sign that utilizes alternating electronic data control
components (electronic) or a sign comprised of non permanent letters,
numerals or symbols, which allow a change in copy by adding removing
or rearranging said letters, symbols or numerals.
Financial
Considerations:
None.
Strategic Link:
Quality Development
Citizen Input/
Board Review: Any proposed amendments to the Sign Ordinance will require a public
hearing.
Legal Review: Any proposed amendments to the Sign Ordinance will be reviewed by the
City Attorney.
Alternatives: Wait for proposed revisions to Sign Ordinance No. 704 -D regarding
readerboard signs without issuing a moratorium.
Supporting
Documents: Resolution No. 10 -031
RESOLUTION NO. 10 -031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, DECLARING A MORATORIUM ON THE
ACCEPTANCE OR PROCESSING OF ANY SIGN
APPLICATIONS FOR READERBOARD (ELECTRONIC OR
MANUAL) SIGNS AS DEFINED IN SIGN ORDINANCE NO. 704 -D,
EXCLUDING GOVERNMENT SIGNS; DIRECTING THE CITY
STAFF TO INITIATE THE PREPARATION OF A CITY CODE
ORDINANCE AMENDMENT TO REGULATE READERBOARD
SIGNS; PROVIDING FOR A METHOD OF REPEAL OF THIS
MORATORIUM; AND PROVIDING THAT THIS RESOLUTION
SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE.
WHEREAS, the City Council of the City of Southlake has adopted Ordinance No. 704 -D
as the city's Sign Ordinance, regulating and restricting the location, setback, height, size,
lighting and other use of signs in the City of Southlake; and
WHEREAS, the City Council is concerned about the placement or use of readerboard
signs within the city which might adversely affect surrounding properties or the proper and
orderly growth of the city; and
WHEREAS, the City Council has determined that the current regulations may not be
adequate to address detrimental impacts of readerboard signs; and
WHEREAS, the City Council has determined that all government readerboard signs are
not subject to the moratorium because these type of signs help ensure the public health, safety
and welfare of the community;
WHEREAS, the City Council believes that the staff of the City of Southlake should
undertake those studies or analyses necessary to prepare the appropriate recommendations
regarding readerboard signs for council action; and
WHEREAS, the City Council desires to maintain the status quo within the City until such
time as the City Council has had a reasonable opportunity to review the recommended
amendments and to take appropriate action as may be required to protect the public health,
safety and welfare; and
WHEREAS, a 90 day moratorium placed on the issuance or renewal of permits for
readerboard signs is a minimally intrusive method of maintaining the status quo until such
review can be completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
A moratorium is hereby imposed, effective immediately, on the receipt, processing, and
approval of applications for readerboard signs, excluding government signs, within the corporate
limits of the City of Southlake. The moratorium shall be in place for ninety (90) days following
the adoption of this resolution and shall expire upon passage of an amendment to the City's
sign ordinance concerning readerboards or other express action of the City Council lifting the
moratorium. If no amendment or action is taken, the moratorium shall expire at 5:01 p.m. on
October 4, 2010. The moratorium may be extended by the City Council for good cause shown.
SECTION 2.
The purpose of this moratorium is to maintain the status quo within the city until such
time as the city has reviewed and, if necessary, amended its regulations regarding readerboard
signs.
SECTION 3.
The city staff is hereby directed to initiate and complete those studies or analyses
necessary to determine what, if any, changes to the regulations for readerboard signs are
reasonable and necessary.
SECTION 4. Any property owner that believes that the imposition of this
moratorium causes a unique and unreasonable hardship upon his or her property or
business shall have the right to request a variance to the provisions of this moratorium.
A property owner seeking a variance shall submit a written request to the city council
through the city secretary's office. The request must provide the following information:
a. A description of the property to be covered by the variance.
b. An explanation as to why the application of the moratorium is
unreasonable as applied to the applicant's property.
C. A description of any negative impacts created by the moratorium
provision.
The city secretary's office shall place the request for a variance on the agenda of
the City Council for consideration at a public meeting. The applicant shall receive
written notice of the date of the proposed hearing on the variance request. The city staff
shall not be required to provide written notice of the variance request to any other
individual or entity. On the date that the item is set for hearing, the City Council shall
conduct a public hearing on the variance request giving any individual who desires to
present information or evidence to the City Council on the appropriateness or
inappropriateness of the variance the opportunity to appear before the city council and
present such information. At the conclusion of the hearing, the City Council, by majority
vote, may approve a variance to the provisions of this moratorium resolution or may
deny the request for variance. The approval of a variance shall entitle the applicant to
submit an application for a readerboard sign.
PASSED AND APPROVED THIS 6 DAY OF JULY, 2010.
CITY OF SOUTHLAKE
0
Mayor
ATTEST:
Lori Payne, TRMC
City Secretary