AGENDA DATE: 7/8/2015
TITLE:
Title
Private Use of Public Signs
BODY
SUBJECT/PROPOSAL/REQUEST: Discussion of Policy Relating to Private Use of Public Signs
ITEM TYPE: Regular Information Item
STAFF CONTACT(S): Foley, Walker, Davis, Herrick, Graham, McCulley, Higgins
PRESENTER (S): Ron Higgins
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: Albemarle Health Care Center LLC (AHCC) has approached staff with a request to locate an off-site sign on County property near the Monticello Fire Station to serve AHCC's new business. To avoid a proliferation of billboards, the County's sign ordinance restricts off-site signs by requiring most of them to have a special use permit issued by the Board of Zoning Appeals. To obtain such a permit, the owner must demonstrate that it has exhausted all possible locations and sign types for an on-site sign, and that no on-site sign face located at the site entrance would be visible from the street providing direct access to the site entrance within one hundred (100) feet of the site entrance.
Staff initially advised AHCC of the three-step process used to approve a previous request by the Church of the Incarnation for an off-site directional sign on County property:
1. Request permission of the Board of Supervisors (as owner of the property) to be a co-applicant on the application for a special use permit.
2. Seek issuance of a special use permit from the Board of Zoning Appeals.
3. Obtain a sign easement or license from the County, subject to Board of Supervisors' approval.
This process is intended to ensure that permits for off-site signs, especially on County property, are granted sparingly and serve public purposes.
Because the Virginia Department of Transportation (VDOT) certified that the prior request of the Church of the Incarnation was needed to improve traffic safety, staff recommended approval of the Church's request based on it serving a public purpose. However, after examining the site of AHCC's request, VDOT has determined that an off-site sign is not needed near the Monticello Fire Station to improve traffic safety. In addition, staff determined that the requested AHCC sign cannot be approved under the current standards for off-site signs.
Taking a different approach, AHCC has asked for its signage to be placed on a "public sign." County Code § 18-3.1 defines a "public sign" as: "
a sign that is erected and maintained by a town, city, county, state or federal government or an authority thereof, and any lawful road name or number sign regardless of whether it was publicly or privately erected or maintained." A public sign is exempt from a sign permit but must meet other applicable zoning requirements. Private use of a public sign may even be more problematic now due to a June 18, 2015 United States Supreme Court decision in Reed v. Town of Gilbert, which relates to content-based sign regulations. As a result of this decision, staff will undertake a comprehensive amendment to the sign ordinance after a resolution of intent is adopted. The Commission will consider the resolution on July 14.
STRATEGIC PLAN: Ensure County government's ability to provide high quality service that achieves community priorities.
DISCUSSION: Public property is expected to be utilized for public purposes. As stewards of public property, staff is of the opinion that both private signs located on public property and public signs must serve an identified public purpose and must not conflict with future public use.
Before allowing private signs on County property, staff recommends evaluating requests on the following criteria:
1) Does the applicant have any other reasonable alternatives?
2) Does the proposed private sign conflict with any current or future public use of the property?
3) Is there an identified public purpose for the private use of the public property?
These criteria should ensure that the use of public property serves a public purpose, as intended.
Offsite signage for businesses is limited and strictly controlled by the zoning ordinance. Public signs cannot be used as an alternative to a private sign to avoid zoning restrictions and requirements. After a complete review, staff has determined that under applicable zoning ordinance requirements for a private or public sign, AHCC would not meet the current zoning requirements to have an offsite sign located at the Monticello Fire Station.
BUDGET IMPACT: Staff anticipates there would be some minimal budget impact related to the approval of evaluation criteria for public sign requests that serve private purposes because criteria would help staff be more efficient in evaluating requests.
RECOMMENDATION:
Recommendation
If the Board has any additions or revisions to the stated criteria for private signage on public property, staff requests that input.
Because staff is still determining the sign ordinance changes required by the recent United States Supreme Court decision in Reed, it is somewhat premature to determine whether the comprehensive sign regulation amendment could allow an AHCC private off-site sign on County property. Once that issue is fully analyzed, staff can return to the Board for it to decide whether it would be appropriate to amend the Zoning Ordinance to provide for possible approval of this particular private sign on County property.
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