Derby planning commission backs window-signage rule change, asks clearer 12-foot wording

The City of Derby Planning Commission on July 17 voted 9-0 to recommend city council approval of proposed zoning regulation amendments that tighten rules for window signage and add an enforcement mechanism.

City staff introduced the proposed changes during a public hearing and noted the draft adds standards that did not previously exist, including a mechanism allowing the city to repair a nonconforming sign and charge the owner for the cost. "There is an enforcement mechanism in here, that allows the city to repair the sign and charge the cost to the owner," city staff said during the hearing.

Commissioners spent most of their discussion clarifying how the measurement is to be read. Commissioners asked whether the 12-foot limit referenced in the draft is measured from ground level even if the window begins several feet above the ground. A staff member confirmed: "That is correct. It is 12 feet above ground level. That is correct." Several commissioners requested the ordinance language be reworded so a reader cannot misinterpret whether the 12-foot measurement applies to the top or bottom of window signage.

With no public comments submitted, Commissioner Voth moved to recommend approval to the city council of the proposed amendments, and the commission added direction that staff provide clarifying language for the 12-foot window-height description before council consideration. The motion passed 9-0.

The amendment package as presented includes an explicit enforcement provision and the 12-foot visibility/height limitation; commissioners asked staff to prepare clearer phrasing for council review so the standard is unambiguous for applicants and enforcement staff.

The city council will receive the commission's recommendation and the written summary of the public hearing for its consideration.