Council sets March 31 public hearing on large zoning rewrite, moves sign rules into zoning code

Homewood City Council on March 17 voted unanimously to send a comprehensive package of changes to the city—s zoning ordinance, including the sign ordinance folded into the zoning code, to a public hearing on March 31.

City planning staff member Mrs. Smith presented the package and told the council the draft adds new definitions and new procedural requirements; among the substantive changes are mandatory boundary surveys for most property improvements, a new topographical-survey requirement to measure maximum detached-house roof height from existing grade, clarified rules for courtyard pools and accessory structures, and several revisions to landscaping and mechanical-equipment placement.

The changes also move the sign ordinance into the zoning ordinance and add several new sign provisions. Mrs. Smith said the draft bans billboards, forbids certain rope-style LED lights and updates enforcement and administrative sections. The draft limits residential temporary yard signs to two per front yard, allows certain temporary nonresidential signs in commercial districts, and creates a master-sign-plan process for large developments.

Why it matters: The package would change what applicants must submit before construction and would alter how the city treats temporary and nonconforming signage. That affects homeowners, developers, landlords and commercial corridors across Homewood.

Key points in the draft and council discussion

- Boundary and topo surveys: Mrs. Smith said the draft requires a boundary survey for most improvements so the city can regulate impervious area and similar requirements. She told the council the draft also requires an existing topographical survey before major earthmoving so the city can measure roof peaks against existing grade rather than post-construction grade. "You can't move dirt without a permit," she said, adding the topo survey must be filed before grading begins.

- Courtyard pools and accessory structures: The draft adds a "courtyard" definition that would allow pools fully enclosed by the four walls of a house where current rules treat those as side-yard pools. Accessory structures remain limited to 25% or less of the lot standard used by the ordinance.

- Artificial turf and amenities: The draft allows artificial turf in amenity areas for attached multi-family developments and in nonresidential districts, while retaining a prohibition on artificial turf in the front yards of detached residential lots.

- Building height: For detached dwellings in the NPD zoning district, the draft clarifies that maximum building height is measured from existing grade. To permit enforcement, staff would require an existing-condition topographical survey for new construction.

- Drive-through stacking correction: Staff identified an internal conflict in the draft and proposed changing the drive-through stacking requirement in the food-and-beverage parking section from five back to four spaces to match other ordinance language.

- Sign rules: The sign changes discussed include a prohibition on new billboards (including restoration of defunct poles that have been unused for more than six months), a prohibition on certain rope-style LED lights, updated rules for wall signs and secondary facades, limits on internal illumination in designated areas, and new allowances for temporary nonresidential signs and real-estate/property-management signage in commercial districts. Residential front-yard temporary signs would be limited to two per yard.

Council direction and edits adopted before the hearing

Councilor Waldney moved to send the package to the full council for a public hearing on March 31, with Councilor Wolverton seconding. The motion included two staff edits to the draft before public circulation: (1) correct the drive-through stacking number to four spaces in the ordinance text and (2) set the maximum size for the newly authorized temporary nonresidential yard signs to 4 feet by 4 feet with a maximum height of 6 feet. The motion passed 5-0.

Legal and enforcement considerations

City attorney Mike Kendrick advised the council on First Amendment limits during questions about whether the draft regulates sign content. Kendrick summarized the legal line: if the city must read a sign—s wording in order to determine whether it is permitted, that turns on content and risks constitutional problems. "If you have to read the sign to enforce it, it's prohibited," Kendrick said; the council asked staff and legal counsel to refine the language to avoid content-based regulation.

Next steps and timeline

Staff will incorporate the two edits requested by the council, circulate the revised redline draft to council members and return the ordinance package to the full council for a public hearing March 31.

Sources and attribution

The account above is drawn from the city council meeting transcript. Quotations and attributions are limited to speakers recorded in the meeting: Mrs. Smith (city planning staff member), Mike Kendrick (city attorney), Councilor Waldney and Councilor Wolverton. The council vote on sending the package to public hearing was recorded as 5-0.