Roadway Construction, Nonconformities and Signage (TC-5-22): This text change proposes amending the Unified Development Ordinance (UDO) to mitigate impacts on private property from public street right-of-way and easement acquisition for City Capital Improvement Projects (CIPs) and to clarify that, except for government-owned signage, temporary signage shall remain prohibited within the public street right-of-way. Read the draft ordinance.

Background information:

Capital Improvement Projects (CIPs), such as the construction of roadways, often necessitate the acquisition of public right-of-way and easements. Through the process of eminent domain, the City is required to compensate private property owners for their land and any impacts associated with the project including those to site elements such as signs, walls/fences, and accessory structures. Current zoning regulations may prohibit the resumption and/or replacement of these site elements, increasing the total compensation costs, and in turn, total project costs.

During the construction process, property owners may also be without signage for a significant period of time which can negatively impact their business. The proposed changes to the UDO are designed to alleviate these unintended consequences and reduce the cost of CIPs.

Current Rules: 

Currently, the UDO contains the following regulations and allowances related to right-of-way acquisition:

• Temporary signs are prohibited within the right-of-way.
• Public acquisition of right-of-way does not render a property nonconforming. 
• Resumption of nonconforming site elements is not explicitly permitted.

Proposed Text Change: 

• Government-owned temporary signage would be permitted in the right-of-way.
• Easement acquisition would not render a property, improvement, or site element nonconforming.
• Unless the owner has been compensated for the total loss of the nonconforming site element, nonconforming site elements removed as part of a government-funded and initiated project could be replaced and reinstalled like-for-like within 180 days of project completion.

Public Meeting Schedule: 

This text change is scheduled for a Planning Commission meeting in August. We will be collecting comments here through August 1. Comments after this date should be submitted directly to Keegan McDonald via email.