Ordinance 042-18RECORD OF ORDINANCES
Davton Legal Blank, Inc.
Ordinance No. 42-18 (Amended) Passed
AN ORDINANCE ADOPTING AMENDMENTS TO SECTION
153.162 OF THE CIN OF DUBLIN CODIFIED ORDINANCES
(ZONING CODE) TO AMEND FEES AND MAINTENANCE
REGULATIONS FOR SIGNS TO REQUIRE REGISTRATION
OF SIGN CONTRACTORS AND BONDING FOR SIGN
INSTALLATIONS (CASE 18-018ADMC).
Form No. 30043
20
WHEREAS, it is necessary from time to time to amend Dublin's Codified Ordinances
to protect the health, safety and welfare of the citizens of the City of Dublin; and
WHEREAS, Chapter 153 of the Codified Ordinances of the City of Dublin provides
zoning regulations for the City of Dublin; and
WHEREAS, Section 153.162 of the Codified Ordinances address fees and maintenance
requirements for signs within the City of Dublin; and
WHEREAS, the Planning and Zoning Commission reviewed and recommended
adoption of the proposed amendments to Section 153.162 of the Dublin Codified
Ordinances (Zoning Code) to amend Fees and Maintenance regulations for signs to
require registration of sign contractors and bonding for sign installations, to ensure the
image of the City of Dublin is upheld as ahigh-quality community,
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, _F7
of its elected members concurring, that:
Section 1. Section 153.162 of the Codified Ordinances of the City of Dublin is hereby
amended and shall provide as set forth in Exhibit A, attached to this Ordinance.
Section 2. The Council hereby finds that this Ordinance was deliberated upon and
adopted in open meetings in compliance with the Revised Charter of the City of Dublin
and Section 121.22 of the Ohio Revised Code.
This ordinance
II be effective on the earliest date permitted by law.
ATTEST:
Jerk of Council
2018.
IGtyofDubGn
Office of the City Manager
5200 Emerald Parkway # Dublin, OH 43017-1090
Phone: 614-410-4400 + Fax: 614-410-4490
To: Members of Dublin City Council
From, Dana L. McDaniel, City Manar
Date; June 21, 2018
Initiated By: Vincent A, Papsidero, FAICP, Planning Director
Thaddeus M, Boggs, Assistant Law Director
111�i1Il�J
Re: Ordinance 42-18 (Amended) -- Adopting amendments to Section 153,162 of
the City of Dublin Codified Ordinances (Zoning Code) to amend Fees and
Maintenance regulations for Signs to require registration of sign contractors
and bonding for sign installations (Case 18-018ADMC),
At the first reading of Ordinance 4218 on June 11, 2018, staff presented a summary of the
ordinance. A few questions were raised by Council and the following summarizes staff
responses,
1, Should the City be using the general contractor registration requirement? This
requirement, which is part of the Building Code, does not include sign contractors, Also,
the proposal allows Planning to manage the registration process, which provides a direct
legal connection to the enforcement provisions that are the purpose of this code
amendment. The connection between registration and enforcement of the Zoning Code
as it applies to these specialized contractors is the reason why staff has proposed this
amendment, rather than modifying the general contractor registration administered
under the Building Code,
2. Should the City be using a general contractor bond? The City's codes do not
provide for a general contractor bond.
3, The insurance requirement should be expanded to include coverage of
property damage, Yes, the language in the ordinance has been modified.
4, Is the bond amount appropriate?
Yes, based on our survey and in meeting with the Central Ohio Sign Association,
$10,000 is an appropriate amount for an annual bond (again, this requirement applies
once to each sign contractor when they register), By comparison, Columbus requires a
$25,000 bond (which is probably more relevant to their sign code, which allows larger
signs).
5, Does this make Dublin a more difficult place to do business as compared to
surrounding communities?
No, The Central Ohio Sign Association, the area trade group for sign contractors, has given
positive feedback to the proposed amendment, which provides similar requirements for
Dublin as already exist in many Central Ohio communities, In contrast, the City of
Memo re, Ordinance 42-18 (Amended) — Fees and Maintenance — Sign Code Amendment
June 21, 2018
Page 2 of 2
Columbus licenses sign contractors, which entails a process of qualification and a hearing
board. For small businesses especially, the proposed amendment's registration and bond
system is less burdensome than Columbus's licensing system,
Recommendation
Staff recommends City Council approval of Ordinance 42-18 (Amended) at the second
reading/public hearing on June 25, 2018,
As Presented to Council for Second Reading EXISTING CODE
June 25, 2018 PROPOSED CODE
REVISIONS FROM FIRST READING
§ 153.162 FEES AND MAINTENANCE.
(A) Fees. Permit and any other fees as determined by Council are posted in a fee schedule
available through the Planning Division. The application fee is payable at the time of application
and the permit fee is payable upon receipt of the sign permit.
(B) Reinspection and Maintenance. All signs for which a permit shall be issued in accordance
with this subchapter shall be subject to the following provisions:
(1) The Zoning Administrator or designee shall reinspect each sign once every 24 months
following erection of such sign to determine its continued compliance with the approved permit
and plans as they were issued and to insure proper operating conditions and maintenance in
accordance with this subchapter. The sign owner shall be solely responsible for maintaining the
appearance, safety and structural integrity of the sign at all times.
(2) Whenever the inspecting official finds a sign in need of repair, support, replacement,
cleaning, repainting, or any maintenance service necessary to maintain reasonable and proper
appearance and public safety, he or she shall issue an order to the owner allowing 30 days to
effect needed repairs or maintenance. If the inspecting official determines that the existing
condition of the sign creates an immediate hazard to the health or safety of the general public,
he or she shall issue an order to the owner requiring the sign to be removed immediatelv.
3) Failure of an owner to comply with the provisions listed above shall be cause for the
inspecting official to order the permit issued for the sign void and issue an order for the sign to
be removed. The cost of removal will be assessed to the property owner. If the property
owner refuses to pay for removal of the sign, the cost of such removal shall be assessed to the
Property owner's tax records.
(C) Registration of sign contractors. It shall be unlawful for any person to construct, install,
relocate, alter, or maintain, any building mounted or ground sign within the City if the person is
not currentiv registered with the Citv as a registered sign contractor or has not provided the bond
required by division (E) of this section
(1) A person desiring to be a registered sign contractor authorized to construct, install,
relocate, alter, maintain, or remove building mounted or ground signs within the City shall register
with the Division of Planning on a form prescribed by the Division for such registration and pay
the fee for such registration as prescribed in the City's fee schedule.
(2) The registration form shall include the following information:
a. Name of the registrant;
i. Name includes fictitious names or trade names (i.e.. the "DBA" name) as well
as the legal name of the entity or natural person.
b. Current address of the registrant;
c. Current phone number of the registrant;
d. A space or box to indicate whether the application is for a new registration, or a
renewal of an existing registration;
e. Designation of a person who will be the primary contact between the registrant and
the City, including the address, phone number, and e-mail address for such person;
As Presented to Council for Second Reading EXISTING CODE
June 25, 2018 PROPOSED CODE
REVISIONS FROM FIRST READING
A statement, signed by a person with authority to bind the prospective registrant,
acknowledging that the erection of signs within the City is subiect to the Dublin
Codified Ordinances and agreeing that the prospective registrant shall not construct,
install, relocate, alter, maintain, or remove any ground or building mounted sign
unless in compliance with the City of Dublin Codified Ordinances.
Proof of general commercial liability insurance with a minimum combined bodily and
Property damage coverage in the amount of $300,000, and showing the City as a
certificate holder. Liability insurance coverage shall be maintained in full force and
effect and a copy of any policy changes including renewal forwarded to the Planning
Division throughout the term of registration Immits ef liability me less then
Any other information as determined by the Planning Director.
(3) It shall be the duty of the registrant to provide updated information to the City if any
person listed in the registration form disassociates from the registrant or any address,
telephone number, or e-mail address changes for the registrant or its designated contact
person.
(4) If the registrant is a corporation, limited liability company, partnership, limited liability
partnership, or other entity that is not a natural person, the registrant shall include the
information listed above for all shareholders, partners, members, or other persons
holding greater than a 10% equity interest in the entity.
(5) Failure to provide all required information shall result in denial of registration.
(6) The Planning Director may revoke the registration, or deny a registration renewal, to a
person who has forfeited any portion of the bond required by division (E) of this section
within the prior three calendar years, or who installs, constructs, relocates, or alters a
sign without first obtaining a permit.
(7) No person who has outstanding fees, taxes, or judgments against said person and in
favor of the City of Dublin shall be registered until every such fee, tax, or iudgment is
satisfied. No person who is subiect of an outstanding zoning violation shall be registered
until such violation is resolved.
(8) Registration shall not be effective until the registrant has been provided a certificate
issued by the City stating that the registrant has been registered.
(9) Registration renewals shall be due between November 1 and December 1 of each year.
Registrations will expire at 12:OOAM on December 31. All first-time registrants who are
registered after January 1 shall have to re -register within the registration renewal period
of the same year. Example: a first-time registrant who registers March 1, 2019, will have
to re -register during the registration renewal period in 2019.
(D) Permit Agalicant'sAcknowledgment In conjunction with the submittal of an application
for a sign permit, the owner of the property, tenant in possession of the property, or registered
sign contractor shall comply with the following at the time of application submittal:
As Presented to Council for Second Reading EXISTING CODE
June 25, 2018 PROPOSED CODE
REVISIONS FROM FIRST READING
(1) The owner of the property, tenant in possession of the property, or registered sign
contractor shall have acknowledged in writing that the installation of the signs) is required to
comply with the terms of the approved permit.
(2) The owner of the property, tenant in possession of the property, or registered sign
contractor shall have acknowledged in writing that all fabrication and installation work and
materials used in connection with the signs) shall conform to the requirements of the municipality
and be installed under the Chief Building Official's and Planning Director's general supervision;
that the owner of the property, tenant in possession of the property, or registered sign contractor
is required to notify the Chief Building Official and Planning Director in writing three days or more
before any installation has begun on such signs) to permit inspection; that in the event of any
violation of, or noncompliance with, any of the provisions and stipulations of the approved
permit(s), the municipality shall have the right to stop the work forthwith and complete or cause
the completion of such improvements according to the approved permit and that in such event
the owner of the property, tenant in possession of the property, or registered sign contractor
shall reimburse the municipality for any and all expenses incurred thereby. The City may draw
upon the bond provided pursuant to division (E) of this Section to collect such reimbursement.
Drawing upon the bond shall not prevent the City from pursuing any other remedy available to
collect reimbursement for its expenses.
(E) Sion Contractor Bond Reouired. A registered sign contractor shall maintain a bond as
described in division (F) of this section, to be applied against any building mounted or ground
sign the sign contractor constructs, installs, alters, relocates, or maintains. The registered sign
contractor shall not commence work on any building mounted or ground sign until providing the
required bond. Expiration of the bond or other failure to maintain it in good standing shall be
cause for immediate revocation of the sign contractor's registration. At the time of registration or
re -registration with the City, the sign contractor shall provide proof that the bond remains in good
standing and is in the amount that the Planning Director has established pursuant to division (F)
of this section.
(F) Form of Sion Contractor Bond. The bond required by division (E) shall be in a form
approved by the Planning Director and conditioned to save the City harmless from all loss and
damage to persons or property which may be occasioned in any way, by accident or the want of
care or skill on the part of the registered sign contractor or any agent thereof, in the prosecution
of the work. The bond shall also provide for payment to the city for damages to the city or city
Property in the course of performance of work, including reimbursement to the City of any
expenses the City incurs in remedying or removing a non-compliant sign constructed, installed,
altered, relocated, or maintained by the registered sign contractor. The bond shall be in an
amount to be determined and published by the Planning Director, in an amount or amounts
reasonably calculated to provide security to the City.
Office of the City Manager
6200 Emerald Parkway e Dublin, OH 43017-1090
Clit' of Dublin Phone: 614-410-4400 4 Fax, 614-410-4490 Memo
To, Members of Dublin City Council
From: Dana L, McDaniel, City Maria
Date: June 7, 2018
Initiated By, Vincent A, Papsidero, FAICP, Planning Director
Re: Ordinance 42-18 -- Adopting amendments to Section 153,162 of the City of
Dublin Codified Ordinances (Zoning Code) to amend Fees and Maintenance
regulations for Signs to require registration of sign contractors and bonding
for sign installations (Case 18-018ADMC).
Background
Over the past several years, the City has increasingly noted that retail and office tenants in
shopping centers and mixed use developments install signs without permits or not in
accordance with approved details of the permit (this problem has also occurred on individual
retail sites), The Planning Division has worked with tenants and property owners to resolve
individual issues, but in some cases violators have been non-cooperative, In February 2018, the
Planning Division stepped up enforcement to ensure full compliance with the City's sign
regulations. Approval of this amendment is recommended to ensure the City's built environment
continues to remain clean and free of illegal signs.
Summary of Modifications
This is a request to amend a portion of the Zoning Code to expand and clarify requirements as
related to sign contractors, and sign installations of building mounted and ground signs, The
proposed provisions include new requirements for annual registration of sign contractors in
conjunction with an annual bond to be drawn upon in the event a need arises to remedy non-
compliant signs, Through the stakeholder engagement process and precedent research,
Planning and the Office of the Law Director determined the proposed requirements are
representative of regulations that are adopted throughout communities in Central Ohio, and wi
not place an undue burden on businesses that operate in the City of Dublin, In detail, the
proposed Fees and Maintenance regulations include;
1) Fees
The Fee regulations are not proposed to be changed, Associated fees are established by
City Council and available through the Planning Division's fee schedule,
2) Reinspection and Maintenance
The Reinspection and Maintenance provisions are not proposed to be changed, Per the
Zoning Code, signs are to be reinspected once every 24 months to ensure continued
compliance and upkeep in good condition,
3) Registration of Sign Contractors
New regulations are proposed requiring all sign contractors who install signs within the
City to be registered with the Planning Division, which mandates appropriate commercial
Memo re. ordinance 42-18 — Fees and Maintenance — Sign Code Amendment
June 7, 20t8
Page 2 of 2
liability insurance, Registration will occur annually. The intent is to ensure that sign
contractors are accountable for meeting all code requirements and obtaining the
necessary permits. If any sign contractor or sign company fails to provide the required
information to the Planning Director it will result in denial of the registration, Violations
will necessitate cancellation of the registration,
4) Permit Applicant's Acknowledgement
The proposed regulations require that the property owner or tenant requesting a sign
permit to acknowledge, in writing with the permit application, that a registered sign
contractor will complete the work and comply with all aspects of the sign permit
approval,
Registered sign contractors are required to notify the Chief Building Official and Planning
Director, in writing, at least three days in advance of the subject sign installations to
trigger on-site inspections and ensure compliance throughout the installation process, If
a violation of the approval is found, the City may draw upon the bond to ensure the
work is completed per the approval,
5) Sign Contractor Bond Requirement
The proposed regulation requires all sign contractors registered with the City to maintain
a bond in good standing with the City to be verified annually with registration, This
requirement is similar to liability insurance requirements mandated for registered
contractors by Building Standards,
6) Form of Sign Contractor Bond
The proposed regulation requires the bond be provided in a form approved by the
Planning Director, and the associated bond amount be established by the Planning
Director to allow the flexibility to increase amounts over time, as an administrative
action, (Staff is in the process of recommending amounts for 2019 based on precedent
research of Central Ohio municipalities,) The bond is permitted to be used to provide
payment to the City for damages to the City or City property, or reimbursement to City
for expenses incurred to address in remedying non-compliant signs,
Planning and Zoning Commission Review
On May 3, 2018, the Planning and Zoning Commission reviewed and recommended approval of
the proposed Zoning Code amendments to City Council, At that meeting, the Commission
agreed with the intent to establish regulations that hold contractors accountable, The
Commission also expressed a desire to ensure the regulations do not burden the business
community,
Recommendation
Staff recommends City Council approval of Ordinance 42-18 at the second reading/public
hearing on June 25, 2018,
RECORD OF ACTION
City of
Dublin Planning & Zoning Commission
OHIO, USA Thursday, May 3, 2018 1 6:30 pm
The Planning and Zoning Commission took the following action at this meeting:
2. Zoning Code Amendment -Sign Bonding and Registration Administrative Request
18-018ADMC Code Amendment
Proposal: An amendment to the Zoning Code Section 153.162, Fees and
Maintenance, to require registration of sign contractors and bonding for
sign installations.
Request: Review and recommendation of approval to City Council for proposed
amendments to the Zoning Code under the provisions of Zoning Code
Section 153.232 and 153.234.
Applicant: Dana L. McDaniel, City Manager, City of Dublin.
Planning Contact: Vincent Papsidero, FAICP, Planning Director
Contact Information: (614) 410-4682, v_papsideroCaldublin.oh.us
Case Information: www.dublinohiousa.gov/i)zc/18-018
MOTION: Mr. Stidhem moved, Mr. Fishman seconded, to recommend approval to City Council for the
Administrative Request Code Amendment.
VOTE: 7-0.
RESULT: This Administrative Request Code Amendment was recommended for approval to City Council.
.1;10101.1014 BILT16) d 4-1
Victoria Newell
Yes
Stephen Stidhem
Yes
Jane Fox
Yes
Robert Miller
Yes
Warren Fishman
Yes
Kristina Kennedy
Yes
William Wilson
Yes
STAFF CERTIFICATION
Vincent Papsidero, FAICP
Planning Director
PLANNING 5800 Shier Rings Road Dublin, Ohio 43016 phone 614.410.4600 fax 614.410.4747 dublinohiousa.gov
Dublin Planning and Zoning Commission
May 3, 2018 — DRAFT Meeting Minutes
Page 2 of 9
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2. Zoning Code Amendment - Sign Bonding and Registration Administrative Request
18-018ADMC Code Amendment
The Chair, Victoria Newell, said the following application is a proposal for an amendment to Zoning Code
Section 153.162, Fees and Maintenance, to require registration of sign contractors and bonding for sign
installations. She said the request is for a review and recommendation of approval to City Council for
proposed amendments to the Zoning Code under the provisions of Zoning Code Sections 153.232 and
153.234.
Vince Papsidero referred to the Review Process graphic that noted that a Zoning Code Amendment allows
for alterations of any existing Zoning Code Section or to establish new requirements within the Zoning
Code. He stated the Planning and Zoning Commission (PZC) makes a recommendation to City Council
and potentially an Architectural Review Board (ARB) review).
Mr. Papsidero said the reason for this request is because in the last couple of years, the City has had
some issues of signs being installed without zoning clearance and/or permits in retail centers, mixed-use
developments and free-standing commercial sites. As a result, earlier in 2018, he reported the Planning
Division notified relevant property owners of applicable regulations and enforcement procedures and
undertook enhanced enforcement actions. He said in the past, Code Enforcement has allowed for two
chances for the violator to comply or there would be further action. He said the City has since notified
everyone we have stepped that up and that has not been enough. He reported staff reviewed what other
people were doing so the City engaged sign contractors, professional organizations, and local
municipalities to identify proposed or potential code modifications and three components have been
identified:
• Registration requirement for all contractors;
• An annual bond requirement; and
• Insurance required.
Mr. Papsidero said the amendment proposed will clarify expectations for sign contractors and sign
installations within the City, specifically:
Annual registration of sign contractors with the Planning Division;
A requirement that sign contractors provide evidence of commercial liability insurance in the
amount of $300,000 for damages to a single person, $500,000 for one occurrence;
Dublin Planning and Zoning Commission
May 3, 2018 — DRAFT Meeting Minutes
Page 3 of 9
• A requirement that sign contractors post an annual bond; and
• The Planning Director may revoke registration (or deny renewal) for anyone who installs,
constructs, relocates, or alters a sign without first obtaining a sign permit
Mr. Papsidero added this only speaks to the sign contractor piece of the equation and many times they
are responding to their client, which have been some of our examples recently. As the client driving this
action, we feel this will help in part of the equation so the sign contractor realizes that if they do
something they should not, they could lose their right to provide service to Dublin for the next calendar
year. He said the plan is to continue to reach out to property owners and tenants to reinforce that and
staff has also been working with the Central Ohio Sign Contractors Association to work through their
membership and also to use them as another tool to reach the clients and that is great from an
educational standpoint. He said every contractor that has done work in the City for the past two years
has been contacted and received this material. He reported that feedback has been received from some
of the property owners and sign contractors and they have been supportive. What staff is requesting is
common in most of the other suburbs he said and this meets criteria for a Zoning Code Amendment so
approval is recommended to City Council.
Bob Miller asked about the expense, administratively. Mr. Papsidero stated it is not different than what
staff is already doing. Mr. Miller confirmed that additional resources do not have to be set up so there is
no real burden on the City.
Steve Stidhem said if he were a sign contractor in the Columbus, Ohio area, he would have to do this in
every suburb. Mr. Papsidero answered affirmatively as this is a fairly standard practice.
Thad Boggs added the City of Columbus itself has a more stringent process, registration is just one part
of it. The City of Dublin has decided we did not want to be in the business of evaluating contractors to
that level so just identifying who is out there installing and altering signs is going to help with the
enforcement piece. In terms of the insurance amount for example, he said it will be the same as required
in Columbus; so hopefully this is something easy and effective to administer for staff; useful as an
enforcement tool instead of going through the Mayor's Court or Environmental Court; and something that
will not be unduly burdensome on sign contractors or the City. Mr. Stidhem indicated that was his
concern; he did not want to make things harder for contractors to do business in Dublin. Mr. Papsidero
said he was being asked why we were not enforcing these regulations already. He said if a contractor has
a client that is really pushy, this allows the contractor to be able to say no to his client in some respect.
Jane Fox asked for more information on what problems the City is experiencing. Mr. Papsidero answered
there have been problems with contractors from out of state that have just installed signs without
bothering to apply for permits; owners/tenants/clients who have directed their sign contractor to go
ahead and install a sign whether the permit had actually been issued or not; owners/tenants that have
not even bothered to file a permit; and some owners have claimed they had the right to go ahead and
install signs per approval whether it has been at the PZC or the ART level. He noted this appears to be a
loophole in our system that can easily be filled or should at least help in many cases. He suggested that
on an annual basis a letter be sent out to property owners to remind them that this requirement is in
place and this is how the City will enforce it. He indicated staff is going to be more aggressive in
enforcing the current Code, and that might mean someone will be required to cover their signs that do
not have permits or remove their signs, and we may reached that point. He pointed out there will then be
cases out there that will serve as examples to the broader community to not play this game or the City
will take action.
Ms. Fox pointed out that currently in the Code, there is a $100 a day penalty for a sign violation and she
asked if the City has ever enforced that. Mr. Boggs said he could not personally speak to whether that
Dublin Planning and Zoning Commission
May 3, 2018 — DRAFT Meeting Minutes
Page 4 of 9
has been enforced in the 60 months he has been around the City of Dublin. Mr. Papsidero thought he
doubted that penalty has been enforced as while we have stringent requirements, we have also tried to
be business friendly.
Mr. Boggs indicated staff has generally tried to work with people on a voluntary basis. To get into that
$100 a day violation penalty, it is heard as criminal complaints in Mayor's Court. That, in and of itself
becomes a drawn out process. He said this amendment will address this and save us from going through
that process, as there will be the ability to withdraw the registration of contractors.
Ms. Fox said she is concerned about the small business owner that will then have to go to the large sign
makers if he does not want to go through the registration process. She said she did not know what the
fees are now for signs but she has heard from people through the ARB how expensive it is, just to get a
sign out. She does not want to add burden to our small business people. Mr. Papsidero pointed out that
some of our violators are tenants who are small businesses who are installing signs that do not meet
Code and/or there have been too many signs installed, and we have gently treated them. At the same
time, he noted they have gone to an expense to put up signs that are illegal; they have already made a
financial error. And by enforcing our Code, that tenant will bear the cost of removing those signs and
replacing them correctly and there is already a list. So again, the burden is on them. We have to be
careful to not arbitrarily apply our Code. He said in one instance, we have been pushing the property
owner to submit to the PZC and ask for a sign plan to deal with a whole bunch of sign violations and we
are not getting anywhere with that property owner. He said signs have been sitting there for 12 months
or longer. Ms. Fox asked if a letter was sent out to the property owner stating they were in violation. Mr.
Papsidero reported Planning Staff, Zoning Inspectors, and Code Enforcement, have been constantly
dealing with the owner who is not going to do anything about it. He said it puts the City in a bind, trying
to correct the situation. He stated this route of an amendment and more aggressive enforcement gets to
the contractor who is one of the vehicles to deal with the tenant. He said we can always deal with a small
business owner or tenant directly because they come into town, they think based on where they had a
shop someplace else, they can put XYZ signage up. Dublin can have restrictive sign requirements. The
contractors will be put on notice that their bottom line will be impacted; we would hope they would then
advise their client as to what Dublin will permit according to Dublin's standards. He emphasized that is
one of the missing pieces here.
Ms. Fox asked what it would cost a sign contractor to register. Claudia Husak said this was discussed with
Building Standards and their current fee for registration is $60.00. Victoria Newell said every other
contractor that works with Dublin and any other municipality - whether it is electrician, general
contractor, or someone who lays concrete, they all have to be registered within the City and this is very
commonplace.
Mr. Stidhem said in this case, it will be easier for the small business owners because now they can lean
on the sign contractors to actually know the rules and it sounds like the scenarios we have now, the small
business owner is expected to know the rules. He said with this amendment, they can be informed by the
contractor.
Mr. Papsidero added the cost of the bond is quite small. Ms. Husak explained it is a percentage of the
entire amount. Mr. Papsidero indicated this change will save the small business owner or retail tenant
money.
Ms. Newell said she was very supportive of this proposed amendment. She asked how the City is
addressing the individual tenants making their own signs and starting to plaster them everywhere,
especially in the Historic District. She said once one person does it, many tend to follow suit. Mr.
Papsidero reported that was a chronic issue throughout the city of Columbus. He said this gets to having
Dublin Planning and Zoning Commission
May 3, 2018 — DRAFT Meeting Minutes
Page 5 of 9
to obtain a sign contractor to prepare your sign. Ms. Newell asked what is being done to the tenants that
are creating their own cardboard signs and placing them in the windows. Mr. Papsidero explained the
Zoning Inspectors have done at times, at a variety of locations like the shopping centers, to cycle through
on a regular basis in terms of dealing with window signs because they get out of control and do not meet
Code. He added staff will specifically deal with folks but try to be gentle in the approach trying to strike a
careful balance but some folks are chronic offenders so it is an on-going situation.
Motion and Vote
Mr. Stidhem moved, Mr. Fishman seconded, to recommend approval to City Council for an Administrative
Request for a Code Amendment with no conditions. The vote was as follows: Ms. Newell, yes; Ms. Fox,
yes; Mr. Miller, yes; Mr. Wilson, yes; Ms. Kennedy, yes; Mr. Fishman, yes; and Mr. Stidhem, yes.
(Recommended for Approval 7 - 0)
- - - - -
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Re-nuest: Review and ign Plan under the provisions of
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Applicable Location
City of Dublin
Applicant/ Representative
Dana L. McDaniel, City Manager
Applicable Land Use Regulations
Zoning Code Sections 153.232 and 153.234
Planning and Zoning Commission
May 3, 2018
SIGN BONDING &
REGISTRATION AMENDMENT
Request
Review and recommendation of approval to City
Council for an amendment to the Zoning Code
Section 153.162, Fees and Maintenance.
Staff Recommendation
Approval of a Code Amendment for Zoning Code
Section 153.162, Fees and Maintenance, to Planning
and Zoning Commission with no conditions.
Contents
A. Overview ............
B. Criteria Analysis...
C. Recommendation.
Case Manager
Vincent Papsidero, FACIP
(614)410-4682
voa osidero(a)dublin.oh.us
Planning Director
Summary
An amendment to Zoning Code Section 153.162, Fees and
Maintenance, to require registration of sign contractors and
bonding for sign installations.
Next Steps
Upon a recommendation of approval from the Planning and
Zoning Commission, the code amendment will be forwarded
to City Council for review and approval.
PLANNING 5800 Shier Rings Road Dublin, Ohio 43016 phone 614.410.4600 fax 614.410.4747 dublinohiousa.gov
City of Dublin Planning and Zoning Commission
Case 18-018ADMC I Sign Bonding and Registration
Thursday, May 3, 2018 1 Page 2 of 4
A. Background
Over the past few years, the City has experienced problems with retail and office tenants in
shopping centers and mixed use developments installing signs without permits (this problem
has also occurred on individual retail sites). The Planning Division has worked with tenants
and property owners to resolve individual issues, but in some cases violators have been
non-cooperative.
In February 2018, the Planning Division stepped up enforcement to ensure full compliance
with the City's sign regulations. As part of the Division's continued effort to ensure the City's
built environment is clean and free of illegal signs, Staff is recommending modifications to
the Fees and Maintenance portion of the Sign Code to ensure that sign contractors are
registered with the City and fully insured, and that an annual bond is posted with the City to
ensure execution of sign installations in conformance with the approved permits. Failure to
meet these new requirements will jeopardize a sign contractor's registration.
B. Proposal
Section 153.162, Fees and Maintenance, in reference to the Sign Code is proposed to be
expanded to clarify expectations as related to sign contractors and sign installations for
building mounted signs and ground signs within the City. The proposed Code language
includes provisions for:
1) Fees
The Fee regulations are not proposed to be changed. Associated fees are established
by Council and available through the Planning Division's fee schedule.
2) Reinspection and Maintenance
The Reinspection and Maintenance provisions are not proposed to be changed. Per
code, signs are to be reinspected once every 24 months to ensure continued
compliance and upkeep in good condition.
3) Registration of Sign Contractors
New regulations are proposed requiring all sign contractors who install signs within
the City to be registered with the Planning Division, which mandates appropriate
commercial liability insurance. Registration will occur annually. The intent is to
ensure that sign contractors are answerable for meeting all code requirements and
obtaining the necessary permits. If any sign contractor or sign company fails to
provide the required information to the Planning Director it will result in denial of the
registration. Violations will necessitate cancellation of the registration.
4) Permit Applicant's Acknowledgement
The proposed regulations require that the property owner or tenant requesting a
sign permit to acknowledge, in writing with the permit application, that a registered
sign contractor will complete the work and comply with all aspects of the sign permit
approval.
Registered sign contractors are required to notify the Chief Building Official and
Planning Director, in writing, at least three days in advance of the subject sign
installations to trigger on-site inspections and ensure compliance throughout the
City of Dublin Planning and Zoning Commission
Case 18-018ADMC I Sign Bonding and Registration
Thursday, May 3, 2018 1 Page 3 of 4
installation process. If a violation of the approval is found, the City may draw upon
the bond to ensure the work is completed per the approval.
5) Sign Contractor Bond Requirement
The proposed regulation requires all sign contractors registered with the City to
maintain a bond in good standing with the City to be verified annually with
registration. This requirement is similar to liability insurance requirements mandated
for registered contractors by Building Standards.
6) Form of Sign Contractor Bond
The proposed regulation requires the bond be provided in a form approved by the
Planning Director, and the associated bond amount be established by the Planning
Director (staff is in the process of researching insurance amounts among Central
Ohio municipalities and desires the flexibility to increase amounts over time, as an
administrative action). The bond is permitted to be used to provide payment to the
City for damages to the City or City property, or reimbursement to City for expenses
incurred to address in remedying non-compliant signs.
2. Criteria Analvsis
A. Administrative Request — Zoning Code Amendment
The Zoning Code does not provide for specific review standards for Zoning Code text
amendments. However, there are certain considerations that are appropriate when
considering an application for these amendments. These are provided below, along with the
relevant analysis. The Planning and Zoning Commission is not limited to these
considerations and may choose to give each its own weight as part of the deliberations for a
recommendation to City Council.
1) Intent and Purpose. Whether the amendment is consistent with the intent
and purpose of this Chapter and the Community Plan.
Criteria Met. The proposed amendment is consistent with the planning goals
identified in the Community Plan to maintain a high-quality aesthetic, especially
adjacent to the public realm.
2) Error or Omission. Whether the change is the result of an error or omission
in the original text.
Criteria Met. The requested addendum is consistent with regulations in cities
throughout Central Ohio. Updating the code provisions allows the Planning Division
the authority to ensure on-going compliance at installation by providing a framework
that addresses the zoning, installation, and code enforcement phases.
3) Area Effects. The potential effects on areas that are most likely to be
directly affected by the change.
Criteria Met. The proposed request will be administered across the entire City as
change in process for sign contractors.
4) Creation of Nonconformities. Whether the change might result in the
creation of significant nonconformities on properties in the city.
City of Dublin Planning and Zoning Commission
Case 18-018ADMC I Sign Bonding and Registration
Thursday, May 3, 2018 1 Page 4 of 4
Criteria Met. The proposed code amendment will not create nonconformities.
3. Recommendation
Staff Recommendation
A recommendation of approval to City Council with no conditions is recommended to the
Planning and Zoning Commission for an amendment to the City of Dublin's Zoning Code
Section 153.162, Fees and Maintenance, to require registration of sign contractors and
bonding for sign installations.
As reviewed by the Planning & Zoning Commission EXISTING CODE
May 3, 2018 PROPOSED CODE
§ 153.162 FEES AND MAINTENANCE.
(A) Fees. Permit and any other fees as determined by Council are posted in a fee schedule
available through the Planning Division. The application fee is payable at the time of application
and the permit fee is payable upon receipt of the sign permit.
(B) Reinspection and Maintenance. All signs for which a permit shall be issued in accordance
with this subchapter shall be subject to the following provisions:
(1) The Zoning Administrator or designee shall reinspect each sign once every 24 months
following erection of such sign to determine its continued compliance with the approved permit
and plans as they were issued and to insure proper operating conditions and maintenance in
accordance with this subchapter. The sign owner shall be solely responsible for maintaining the
appearance, safety and structural integrity of the sign at all times.
(2) Whenever the inspectinq official finds a sign in need of repair, support, replacement,
cleaning, repaintina, or any maintenance service necessary to maintain reasonable and proper
appearance and public safety, he or she shall issue an order to the owner allowing 30 days to
effect needed repairs or maintenance. If the inspectinq official determines that the existinq
condition of the sign creates an immediate hazard to the health or safety of the general public,
he or she shall issue an order to the owner requiring the sign to be removed immediately.
(3) Failure of an owner to comply with the provisions listed above shall be cause for the
inspecting official to order the permit issued for the sign void and issue an order for the sign to
be removed. The cost of removal will be assessed to the property owner. If the property
owner refuses to pay for removal of the sign, the cost of such removal shall be assessed to the
Property owner's tax records.
(C) Registration of sign contractors. It shall be unlawful for any person to construct, install,
relocate, alter, or maintain, any building mounted or ground sign within the City if the person is
not currently registered with the City as a registered sign contractor or has not provided the bond
required by division (E) of this section.
(1) A person desiring to be a registered sign contractor authorized to construct, install,
relocate, alter, maintain, or remove building mounted or ground signs within the City shall register
with the Division of Planning on a form prescribed by the Division for such registration and pay
the fee for such registration as prescribed in the City's fee schedule.
(2) The registration form shall include the following information:
a. Name of the registrant;
i. Name includes fictitious names or trade names (i.e.. the "DBA" name) as well
as the legal name of the entity or natural person.
b. Current address of the registrant;
c. Current phone number of the registrant;
d. A space or box to indicate whether the application is for a new registration, or a
renewal of an existing registration;
e. Designation of a person who will be the primary contact between the registrant and
the City, including the address, phone number, and e-mail address for such person;
As reviewed by the Planning & Zoning Commission EXISTING CODE
May 3, 2018 PROPOSED CODE
A statement, signed by a person with authority to bind the prospective registrant,
acknowledging that the erection of signs within the City is subiect to the Dublin
Codified Ordinances and agreeing that the prospective registrant shall not construct,
install, relocate, alter, maintain, or remove any ground or building mounted sign
unless in compliance with the City of Dublin Codified Ordinances.
Proof of general commercial liability insurance with limits of liability no less than
$300,000.00 for damages to a single person, and $500,000.00 for one occurrence
Any other information as determined by the Planning Director.
(3) It shall be the duty of the registrant to provide updated information to the City if any
person listed in the registration form disassociates from the registrant or any address,
telephone number, or e-mail address changes for the registrant or its designated contact
person.
(4) If the registrant is a corporation, limited liability company, partnership, limited liability
holding greater than a 10% equity interest in the entity.
(5) Failure to provide all required information shall result in denial of registration.
(6) The Planning Director may revoke the registration, or deny a registration renewal, to a
person who has forfeited any portion of the bond required by division (E) of this section
within the prior three calendar years, or who installs, constructs, relocates, or alters a
sign without first obtaining a permit.
(7) No person who has outstanding fees, taxes, or judgments against said person and in
favor of the City of Dublin shall be registered until every such fee, tax, or iudgment is
satisfied. No person who is subiect of an outstanding zoning violation shall be registered
until such violation is resolved.
(8) Registration shall not be effective until the registrant has been provided a certificate
issued by the City stating that the registrant has been registered.
(9) Registration renewals shall be due between November 1 and December 1 of each year.
Registrations will expire at 12:OOAM on December 31. All first-time registrants who are
registered after January 1 shall have to re -register within the registration renewal period
of the same year. Example: a first-time registrant who registers March 1, 2019, will have
to re -register during the registration renewal period in 2019.
(D) PermitA.00iicantsAcknowiedoment. In conjunction with the submittal of an application
for a sign permit, the owner of the property, tenant in possession of the property, or registered
sign contractor shall comply with the following at the time of application submittal:
(1) The owner of the property, tenant in possession of the property, or registered sign
contractor shall have acknowledged in writing that the installation of the sian(s) is required to
comply with the terms of the approved permit.
As reviewed by the Planning & Zoning Commission EXISTING CODE
May 3, 2018 PROPOSED CODE
(2) The owner of the property, tenant in possession of the property, or registered sign
contractor shall have acknowledged in writing that all fabrication and installation work and
materials used in connection with the sian(s) shall conform to the requirements of the municipality
and be installed under the Chief Building Official's and Planning Director's general supervision;
that the owner of the property, tenant in possession of the property, or registered sign contractor
is required to notify the Chief Building Official and Planning Director in writing three days or more
before any installation has begun on such sian(s) to permit inspection; that in the event of any
violation of, or noncompliance with, any of the provisions and stipulations of the approved
permit(s), the municipality shall have the right to stop the work forthwith and complete or cause
the completion of such improvements according to the approved permit and that in such event
the owner of the property, tenant in possession of the property, or registered sign contractor
shall reimburse the municipality for any and all expenses incurred thereby. The City may draw
upon the bond provided pursuant to division (E) of this Section to collect such reimbursement.
Drawing upon the bond shall not prevent the City from pursuing any other remedy available to
collect reimbursement for its expenses.
(E) Sign Contractor Bond Required. A registered sign contractor shall maintain a bond as
described in division (F) of this section, to be applied against any building mounted or ground
sign the sign contractor constructs, installs, alters, relocates, or maintains. The registered sign
contractor shall not commence work on any building mounted or ground sign until providing the
required bond. Expiration of the bond or other failure to maintain it in good standing shall be
cause for immediate revocation of the sign contractor's registration. At the time of registration or
re -registration with the City, the sign contractor shall provide proof that the bond remains in good
standing and is in the amount that the Planning Director has established pursuant to division (F)
of this section.
(F) Form of Sign Contractor Bond. The bond required by division (E) shall be in a form
approved by the Planning Director and conditioned to save the City harmless from all loss and
damage to persons or property which may be occasioned in any way, by accident or the want of
care or skill on the part of the registered sign contractor or any agent thereof, in the prosecution
of the work. The bond shall also provide for payment to the city for damages to the city or city
Property in the course of performance of work, including reimbursement to the City of any
expenses the City incurs in remedying or removing a non-compliant sign constructed, installed,
altered, relocated, or maintained by the registered sign contractor. The bond shall be in an
amount to be determined and published by the Planning Director, in an amount or amounts
reasonably calculated to provide security to the City.
§ 153.162 FEES AND MAINTENANCE.
(A) Fees. Permit and any other fees as determined by Council are posted in a fee schedule available through
the Planning Division. The application fee is payable at the time of application and the permit fee is payable upon
receipt of the sign pemait.
(B) Reinspection and Maintenance. All signs for which a permit shallbe issued in accordance with this
subchapter shall be subject to the following provisions: 441
(1) The Zoning Administrator or designee shall reinspect each sign once every 24 months following erection of
such sign to determine its continued compliance with the approved pemvt and plans as they were issued and to
insure proper operating conditions and maintenance in accordance with this subchapter. The sign owner shall be
solely responsible for maintaining the appearance, safety and structural integrity of the sign at alltimes.
(2) Whenever the inspecting official finds a sign in need of repair, support, replacement, cleaning, repainting
or any maintenance service necessary to maintain reasonable and proper appearance and public safety, he or she
shall issue an order to the owner allowing 30 days to effect needed repairs or maintenance. Ifthe inspecting official
detemnines that the existing condition ofthe sign creates an immediate hazard to the health or safety of the general
public, he or she shall issue an order to the owner requiring the sign to be removed immediately.
(3) Failure of an owner to comply with the provisions listed above shall because for the inspecting official to
order the permit issued for the sign void and issue an order for the sign to be removed. The cost of removal will be
assessed to the property owner. Ifthe property owner refuses to pay for removal of the sign, the cost of such
removal shall be assessed to the property owner's tax re
('80 Code, § 1189.13) (Ord. 66-94, passed 3-20-95)c s. sW § 153.999