TO: Mayor and Members of City Council
THRU: Michael Gibson - Interim Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C. Baptiste, CZO - Planning & Zoning Division Manager
FROM: Heather Eckhardt - Planner II
Demetrios Moutos - Zoning Administrator
DATE: October 24, 2022
RE:
Title
TA22-05: Text amendments to Article 30 of the Unified Development Ordinance to address feather flags.
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2021
Goals 2026
• Goal 1: Safe and Secure Community
o Objective 1.2 - Ensure traffic and pedestrian safety
• Goal 2: Responsive City Government Supporting a Diverse and Viable Economy
o Objective 2.4 - Sustain a favorable development climate to encourage business growth
• Goal 3: City Investment in Today and Tomorrow
o Objective 3.4 - Revitalize neighborhoods with effective code enforcement and violations abatement
• Goal 6: Collaborative Citizen & Business Engagement
o Objective 6.1 - Ensure collaborative relationships with the business community, local governments, military, and stakeholders
Executive Summary:
According to the current sign section of the Unified Development Ordinance, Section 30-5.L.1, motions signs are not considered a viable signage option in the City of Fayetteville. Since, feather flags are technically considered a motion flag or motion signage, this type of signage is prohibited.
This text amendment is not to allow all motion signage, but specifically address the usage of feather flags as a form of advertising for new and existing businesses within the City of Fayetteville.
This item was presented to the Planning Commission on August 16, 2022. Following comments provided by the Planning Commission, the Professional Planning Staff has reviewed and revised the proposed text amendment regarding feather flags. Planning Staff has made revisions to allow for additional feather flags to be placed on a single parcel.
This item was amended and sent back to the Planning Commission on September 20, 2022. At this meeting, the Planning Commission made a motion to recommend the adoption of the proposed amendment with revisions. The Planning Commission conditioned that the text amendment state that there be no setback requirement for feather flags and that a one-time permit be obtained.
Background:
In 1997, the current version of the sign ordinance was adopted. The first item listed under the purpose statement was, “reduce excess and distracting signage and sign clutter.” At that time, it was considered as needed and an improvement to all types of signs throughout the City.
Since adoption, this section has not been assessed or had any significant updates performed. Hence, some signage that was then considered counterproductive may now be common, standard practice.
Issues/Analysis:
The City of Fayetteville has seen an uptick in the usage of feather flags as signage for a business. Initially, feather flags were used as temporary signage for new businesses prior to permanent being affixed to the site. The signage was also commonly used by churches, and schools to announce events.
However, since the onset of COVID, businesses have been using feather flags as a low cost option to announce businesses, attract customers, and let customers know the business is open.
There isn’t any legal precedent directly associated with feather flags and very little regarding signage. The Supreme Court determined in the case of Reed v. Gilbert in 2015 that jurisdictions have to be consistent in what signs it will and will not allow in their rights-of-way. The main point was to be careful in creating content-based sign ordinances as they will require high scrutiny for why the ordinance is regulating that way.
Reagan National Advertising of Austin, Inc. v. City of Austin further examined if the long-standing distinction between signs allowed on and off-premises can be treated differently. The Supreme Court determined that the regulation of the conversion of a static billboard to a digital billboard is a form of content neutral regulation.
Combined, these two cases should cause a pause in making changes in the sign ordinance based on what is written on the sign. Therefore, this text amendment would not regulate the content of any feather flags nor would any feather flags be permitted in a right-of-way.
Proposed Amendment:
30-5.L.4.: Prohibited Signs
d. Motion Signs
Signs or devices designed to attract attention, all or any part of which use movement or apparent movement by fluttering, revolving, rotating, spinning, swinging, animation or moving in some other manner, including fabric signs not securely fastened to their supporting structures, and are set in motion by movement of water or the atmosphere or by mechanical, electrical, or any other means. Such signs or devices include, but are not limited to, banners, pennants, ribbons, streamers, spinners, propellers, discs, consecutively hung official or unofficial flags, and bunting, whether or not any such sign or device has a written message but do not include non-advertising/non-informational flags and feather flags. ; provided, However, signs or devices that only move occasionally because of the wind are not prohibited if their movement is not a primary design feature of the sign or device, is not intended to attract attention to the sign or device, and is permitted for a limited period of time for a special event not to exceed 60 days.
30-5.L.7. - Signs Permitted With a Sign Permit
b. Specific Standards
3. One feather flag is permitted per 50 feet of lot frontage, up to a total of 4 feather flags per parcel. A separation of 50 feet between feather flags is required. Feather flags may be a maximum of 3 feet wide and have a maximum height of 10 feet above the adjacent grade. Feather flags shall be affixed with ground mounts with the pole installed perpendicular to the ground. Above-ground mounts including but not limited to feet or legs shall not be permitted. Feather flags shall not be mounted to any other structure. No additional objects may be attached to the feather flag including but not limited to streamers, ribbons, or balloons. Feather flags shall be removed or replaced if found to be faded, broken, torn, frayed, damaged, or otherwise in disrepair. In no case shall a feather flag be mounted in the right-of-way or public utility easement. Feather flags shall be prohibited in Historic/Landmark Overlay districts.
30-9: Definitions
Feather Flag: A freestanding advertising device consisting of a mounting device, a pole, and a weather-resistant material that contains text, photos, or designs intended to increase awareness of a business entity or event. Feather flags are also known as bow flags, sails, and blade signs.
Budget Impact:
None
Options:
City Council shall hold a legislative hearing on the application in accordance with the Fayetteville City Code. After the close of the hearing City Council shall consider the application, relevant support materials, the staff report, and any comments given by the public. City Council shall take one of the following actions:
1) City Council shall adopt all or some of the proposed text amendments;
2) City Council shall deny the proposed text amendments;
3) City Council revise and adopt the proposed text amendments; or
4) City Council remand back to Staff for further consideration.
Recommended Action:
The Professional Planning Staff and the Planning Commission recommend to City Council approval of the proposed amendment and require that a one-time permit be obtained.
Attachments:
1. TA22-05 - Signed Consistency Statement
2. Ordinance Section 30-5.L
3. Ordinance Section 30-9