The applicant previously completed a sign permit to place a billboard on Tract D of the Valley View Addition Subdivision at the SW corner of Westover and 4-J Road on the Hayden Livestock property. The future electrical permit application associated with this billboard sign permit will likely be denied if an electronic graphic display sign is added to the proposed billboard structure.  The current definition of a billboard does not allow for electronic graphic display signs. Section 16 of the City of Gillette Zoning Ordinance clearly states that, "a billboard is a board, panel, or tablet used for the display of posters, printed or painted advertising matter."  The applicant is proposing a text amendment to remedy this.

The applicant maintains that, "amending the definition of a Billboard to include graphic display signs would more accurately reflect the current state of the industry and bring the City Zoning Ordinance into alignment with the County.  Also, the current definition unduly limits billboards and contradicts the more general definition of a sign as, any device or display of letters or words as defined in a preceding section."  City Staff partially agree with the applicant's reasoning.

City Staff does not agree with the assertion that, "limiting the definition of billboards to exclude electronic graphic display signs contradicts any previous aspect of the City of Gillette Zoning Ordinance." Section 10 of the City of Gillette Zoning Ordinances specifies separate regulations for many types of signs. A sign is not so broad as, "any device or display of letter or words."

City Staff does, however, agree that allowing for Electronic Graphic Display Signs on Billboards will bring the City's Zoning Ordinance more into compliance with the County's Zoning Regulations. The County Zoning Regulations currently permits and provides performance and operation criteria for these types of signs. Amending our definition to reflect the County's will create less nonconformities when several County "island" areas are eventually annexed into the City.

City Staff reviewed several different zoning ordinances from other communities which allowed for Electronic Graphic Display Signs on Billboards. Provisions found in each zoning ordinance were similar to our proposed Ordinance.  Regulations from other communities were incorporated within our proposed Ordinance and will ensure the addition of Electronic Graphic Display Signs on Billboards will not create a nuisance. These regulations also ensure the safety of drivers by not allowing audio speakers, having failsafe measures if the sign malfunctions, and limiting display time for messages.  These regulations also prohibit Electronic Graphic Display signs from displaying flashing fast and bright messages which could create a potential traffic hazard.
 
During their regular meeting on June 14, 2016, the City Planning Commission recommended approval of the proposed Zoning Text Amendment to allow electronic graphic display signs on billboards with several additions.  Below is a summary of additional requirements from the City Planning Commission.

1.  Include a provision to allow for emergency alert notifications on electronic graphic display signs mounted on billboards with the City limits.

2.  Increase the "buffer" distance between billboard locations and residential districts to 1,000 feet or more.

3.  Define "tablet" within the existing Billboard definition, or remove the term "tablet" entirely from the definition.

4.  Clearly define the billboard "size" requirement and identify existing billboards with electronic graphic display signs located on County "islands" that might exceed the City's maximum size of 680 square feet on a single face.

During the Public Hearing portion of the June 14 City Planning Commission meeting for this case, Mr. Jonathan Musser spoke on behalf of the applicant.  Below is a summary of Mr. Musser's comments.

1.  Target Signs is not pleased with the proposed 6 second dwell time requirement within the draft ordinance.  Target Signs would like to decrease the dwell time to allow for additional "graphic art" to be included in the digital display advertisement - similar to other electronic graphic display signs recently installed on other commercial zone lots within the City of Gillette.  Target Signs would like to see the 6 second dwell time requirement go away.

2.  Target Signs said lighting and interference within residential areas are not a concern.  Target Signs has performed several "light studies" and indicated that the electronic graphic display signs transmit less light than a traditional, standard overhead roadway light.

3.  Target Signs indicated that they have not experienced any safety concerns regarding distracted drivers with the electronic graphic display signs.

Following the June 14 City Planning Commission Meeting, City Staff received input stating the County has "received ZERO complaints/comments in regards to the electronic billboard signs."  One of these signs is located on the County "island" on 4-J Road south of Lakeway Road and is immediately adjacent to an existing residential neighborhood (Sutherland Estates).

An amendment to the Zoning Ordinance Text shall not take place unless at least one of two criteria exists as set forth in Section 12 of the City of Gillette Zoning Ordinance:

(1) The Zoning Ordinance Text may be amended when there is a need to correct an obvious error. In this case, there was no obvious error.

(2) The Zoning Ordinance Text may be amended to recognize changing conditions within the City. This request does recognize changing conditions within the City. It has been several years since the sign section of our Zoning Ordinance was last updated. At that time, electronic graphic display signs on billboards were not prevalent. With the invention of new technology, these signs have become more prevalent.

City Staff incorporated the Planning Commission recommendations from their June 14 Planning Commission meeting and developed an Ordinance, First Reading, for consideration during the June 21, 2016 Council Meeting.

Following the June 21, 2016 Council Meeting and Public Hearing for this case, City Staff received additional input from the City Council, other sign companies  and written public comment.  Concerns regarding the Ordinance, First Reading, are listed below:

1.  Clarify that greyscale and/or full color is acceptable.

2.  The $2,500 application fee seems reasonable and is similar to the application fee charged by other communities in Wyoming.  The $1,000 annual fee is too much.

3.  The residential set-back requirement of 1,000 feet is excessive and limits opportunities for existing and proposed billboards with electronic graphic display signs.

4.  Emergency notifications and other critical public service warning message requirements do not meet similar ordinances in other Wyoming communities.  The sign companies have issues providing internet access to public agencies to change message displays.  Rather, the sign companies subscribe to the National Amber Alert notification system and can display these types of notifications instantaneously.

5.  Clarify that an appropriate Building Permit and Certification from a Wyoming Professional Engineer will be required for all Billboards, regardless whether, or not, they possess electronic graphic display signs.

6.  Clarify the maximum size of Electronic Graphic Display Signs installed on Billboards.

Staff revised the Ordinance to reflect feedback received from the Planning Commission, City Council, Sign Companies and other public comments received since the public hearing on June 21.

The attached Ordinance, with the changes incorporated, was reviewed and recommended for approval by the Planning Commission during their meeting on June 28, 2016.  In particular, the Planning Commission recommends approval of reducing the proposed residential buffer from 1,000 feet to 500 feet.   Attached is a copy of the June 28, 2016 Planning Commission meeting minutes for this case.

City Staff, with input from the City Planning Commission, recommends approval of the attached Ordinance.