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CONSIDERATION OF ORDINANCE O-1415-35 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA AMENDING CHAPTER 18 (SIGN CODE), SECTION 18-308, FESTIVAL OR PUBLIC EVENTS BANNERS, TO ALLOW ADMINISTRATIVE APPROVAL OF LIMITED LICENSES IN THE PUBLIC RIGHT-OF-WAY; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: Section 18-308 of the Sign Code was originally approved by City Council in August, 1995 (O-9596-6) as a revision to the City Sign Code to allow organizations the ability to place public event/festival signage in the public right-of-way for a specified period of time to advertise events. The language in the Code identifies that signs must announce "specific events or promotions that are of a legitimate public benefit to the community at large." Since 2010, 68 separate limited license agreements have been approved by Council as a Consent Docket item. This averages to 17 licenses per year or just over one per month that are considered by Council.
The Business and Community Affairs Committee of the City Council discussed this item at their meeting on February 5, 2015 and recommended that staff prepare this item to proceed through the public hearing process to amend the Sign Code to allow Festival or Public Event Banners to be approved administratively.
DISCUSSION: Chapter 18, Section 18-308 of the Sign Code outlines criteria for City Council approval of festival or public event banners to be placed in the public right-of-way. The process is initiated through a formal application process that is reviewed by Planning and Community Development Department staff and upon staff approval is recommended for approval to City Council through the granting of a "limited license". There is no fee for processing a limited license application.
Many of the requests are generally in the spring and summer months because more festivals occur in Norman in the warm-weather months. A majority of the requests are generated for annual events that are held by non-profit or other not-for-profit organizations, including: Friends of the Norman Library (book sales), Assistance League of Norman (May Fair Arts Festival), Firehouse Arts Center (Chocolate Festival), United Way of Norman (Yearly Campaign) and Cleveland County YMCA (yearly events). A complete list of the licenses approved by Council from 2010 through 2014 is included as Attachment A. No limited license application has been denied by Council.
In an effort to accommodate event timelines, staff is proposing to revise this section of the Sign Code to make approval of banners which fall under Section 18-308 of the Sign Code an administrative approval process by the City Manager or his designee. The City Manager plans to keep the same process in tact by designating the Planning and Community Development Director to review such license applications, with appeals of those decisions coming to the City Manager first, and then on to City Council if the appeal cannot be resolved at the City Manager level.
Upon approval of an application, signage would then be allowed to be placed in the right-of-way for the event duration as outlined in the application materials. Council would take no formal action in the approval process, unless an appeal could not be resolved by the City Manager. This revision would not only reduce staff's and Council's time spent processing the application, but the revision would also work to better accommodate event timelines by reducing the risk that an organization would miss a Council meeting deadline to have signage for an event considered.
The Planning Commission requested that the Ordinance be amended to specify an appeals process to City Council. That language has been added to the attached Ordinance.
STAFF RECOMMENDATION: Staff recommends approval of the Ordinance which makes the granting of a limited license an administrative function by the City Manager or his designee, and then provides for an appeals process to City Council. The Planning Commission, at their meeting of March 12, 2015, recommended adoption of this ordinance by a vote of 7-0, with an amendment to add an appeal process.