5459080 Mayor, Executive Office of the - Notice of Second Proposed Rulemaking, Addendum to the Preamble - Clarifying substantive changes between the first and second proposed rulemakings
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OFFICE OF THE MAYOR
NOTICE OF SECOND PROPOSED RULEMAKING –
ADDENDUM TO THE PREAMBLE
The Mayor of the District of Columbia, pursuant to Section 1 of An Act To regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia, effective April 27, 2013 (D.C. Law 19-289; D.C. Official Code § 1-303.21 (2014 Repl.)), and Mayor’s Order 2011-181, dated October 31, 2011, hereby gives notice of the intent to adopt a new Title 13 (Sign Regulations) of the District of Columbia Municipal Regulations (DCMR).
The proposed new title would update and consolidate the District’s current sign regulations into a single title, removing the bulk of these provisions from the Building Code and scattered sections of the DCMR. It would clarify provisions relating to approval of Special Signs and billboards; amend the current rules to respond to issues raised by the Federal Highway Administration; create new Designated Entertainment Areas that would be open to the display of new signs; clarify the existing regulations as they relate to signs on public space, private property, and specific areas of the District; establish a means for enforcement; and establish a permit application fee schedule.
The Notice of Second Proposed Rulemaking, published February 13, 2015 at 62 DCR 2015, supersedes the Notice of Proposed Rulemaking published on August 17, 2012 at 59 DCR 33, and reflects changes made in response to comments received from the public.
In addition, the Mayor is extending the public comment period on the proposed rulemaking to adopt a new Title 13 DCMR, governing signs. The original ninety (90) day public comment period, scheduled to end on May 14, 2015, is being extended until July 13, 2015.
Section 1 of the Act requires the Mayor to submit the proposed rules to the Council for a forty-five (45) day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The proposed rules shall not become effective until the rulemaking is approved by the Council.
Significant changes to the first Notice of Proposed Rulemaking, proposing a new Title 13 DCMR, SIGN REGULATIONS, include:
Chapter 1: Provisions for the treatment of existing signs have been added.
Chapter 2: Provides that the permit for a sign be kept for inspection on the premises where the sign is displayed (§ 202.2). Requires exempted signs to be displayed safely (§ 202.4). Requires the applicant to obtain all other approvals necessary for the display of the sign before applying for the sign permit. Evidence of these approvals must be submitted with the application (§ 204.2). Requires the applicant to request a written explanation for the denial of a permit, and allows the permitting official three (3) business days to provide the explanation (§ 205.2). States that signs shall be maintained pursuant to the Property Maintenance Code (§ 206.1). Includes new implementation provisions providing that existing permitted signs remain subject to the requirements existing at the time of the permit, unpermitted signs must come into compliance with the new requirements and be permitted within 90 days, and signs under construction may continue under the conditions of an existing permit (§§ 207.1 – 207.5). Provides for a preliminary review of a permit application where multiple approvals are required (§ 208.1).
Chapter 3: Provides that all signs in areas subject to review by the Commission on Fine Arts require a permit, except those smaller than one square foot (1 sq. ft.) (§ 302.1). Requires the permitting official to refer the application to the Commission and the Commission to respond in accordance with its rules and timeframes (§ 303). States new prohibitions for types of signs in these areas, but allows full motion video on college campuses where not visible to the general public (§ 304). Contains changes to the characteristics of permitted signs, including methods of illumination.
Chapter 4: States that signs in areas subject to review by the Historic Preservation Review Board or Historic Preservation Office require a permit unless specifically exempted by Chapter 4 (§ 402.1). Includes minor changes to the application procedure (§ 403). Prohibits variable message signs and full motion video under new definitions, except on college campuses where not visible to the general public (§ 404). Removes a restriction relating to signs on canopies. (§ 407.2).
Chapter 5: Provides that signs larger than one square foot (1 sq. ft.) in the Chinatown District require a permit (§ 502.1). Simplifies the requirements for a sign permit application in this District (§ 503.1). Requires the applicant to obtain Office of Planning and Historic Preservation clearance before applying for a sign permit (§§ 503.2 – 503.6).
Chapter 6: Specifies that signs on property that extend more than forty-two inches (42 in.) into public space are subject to this chapter (§ 600.2). States a broad prohibition on commercial signs on public space, public buildings, public structures, and public fixtures, with a limited exception (§ 601.1). Requires a permit for all signs on public space larger than one square foot (1 sq. ft.), except for certain non-commercial temporary signs (§ 603.1). States that illuminated signs require a separate electrical permit (§ 603.2). States the duration of permits for banners and permanent signs on public space (§ 603.3). Requires the applicant for a permanent sign to obtain the approval of the Public Space Committee, and other required approvals, and to submit proof of these approvals with the application for a sign permit (§ 604.5). Moves general requirements and restrictions closer to the beginning of the chapter and expands these provisions (§ 606). Clarifies that non-commercial temporary signs on public space require a permit if they are subject to review by the Commission, the Office of Planning, the Historic Preservation Review Board or the Historic Preservation Office, or the Chinatown Steering Committee (§ 607.8). States that temporary construction signs require a permit and adds requirements for these signs (§§ 607.9 – 607.11). Provides requirements associated with temporary directional signs related to an event (§ 607.12). Revises the requirements for sidewalk signs, banners, and permanent signs (§§ 608 - 610). Expands the provisions relating to signs on vehicles to include restrictions relating to signs on vehicles parked on public space and to signs on vessels (§§ 611.2 and 611.8).
Chapter 7: Excludes certain types of signs covered by other chapters from the requirements of Chapter 7 (§ 700.2). Provides that zoning orders take precedence over the chapter (§ 700.3). States that permits for signs on private property are subject to the administrative and enforcement provisions of the Building Code (§ 700.4). Includes several categories of prohibited signs (§ 702.2). Requires illuminated signs to have an electrical permit and comply with luminance standards (§ 703.2). Revises the requirements of the permit application (§ 704.1). Clarifies that a sign permit to display a sign is in addition to a building permit to construct the sign (§§ 704.2 – 704.5). Allows work to continue under certain circumstances with respect to permits issued prior to the effective date of the title (§§ 704.6 - 704.7). Requires the applicant to obtain all relevant approvals and include them in the application for a sign permit. States a revised process for the evaluation of applications (§ 705). Requires the applicant to have the work inspected and obtain a certificate of inspection approving the sign from the permitting official. Requires bi-annual renewal of the certificate of inspection for specified categories of signs (§ 705). Revises the general requirements and restrictions for signs on private property and adds requirements for inspection, maintenance, and removal (§ 707). Adds a new section that allows non-commercial signs without a permit under specified circumstances (§ 708). Allows temporary commercial signs on private property without a permit if the sign displayed for less than one hundred-eighty (180) days, does not use electricity or require other approvals, and is six square feet (6 sq. ft.) or less. Allows for temporary directional signs for events (§ 709). Provides specific requirements for banners (§ 710). Prohibits variable message signs on roofs (§ 712.5). Specifies requirements for freestanding signs (§ 713). Eliminates sections relating to wall signs and ground and pole signs. Allows full motion video on signs in Designated Entertainment Areas (“DEAs”) (§ 714.2). Requires variable message signs to comply with luminance standards (§ 714.9). Adds a section allowing transit information signs without a permit (§ 715). Moves rules relating to real estate signs to a new Chapter 8. Revises requirements for the sizes of different types of signs and adds luminance standards.
Chapter 8: Adds a new chapter related to real estate signs. Requires a permit for real estate signs greater than ten square feet (10 sq. ft.) (§ 802.1). States requirements for temporary directional signs for an open house (§ 802). States revised requirements for real estate signs and those for construction projects (§§ 805 - 806).
Chapter 9: Elaborates on process for designating DEAs (§ 900.2(e)). States permit and inspection certificate requirements for DEA signs (§ 902). Reduces permit application requirements and incorporates requirements for private property signs (§ 904). Amends the timeframes for permit issuance to be in accord with Commission and ANC review periods (§ 905). Requires DEA signs to comply with luminance standards (§ 906.6). Contains additional detail about where certain DEA signs may be located (§ 906.8). Requires ANC notification of any DEA sign that includes moving images (§ 906.10) and for changes in Verizon Center graphics (§ 907.7). Prohibits full motion video for off-premises advertising (§ 907.2). Adds luminance standards and maintenance and removal provisions (§§ 908 - 909).
Chapter 10: Requires initial and bi-annual inspections of special signs (§ 1002.1). Requires an applicant for a transfer in location or change in artwork to be the owner of a permitted special sign and to have a valid certificate of inspection (§ 1004). Simplifies the permit application process. Revises time frames for action by different agencies on applications for relocation (§ 1005). Places location restrictions relating to Special Purpose Districts (§§ 1006, 1010). Requires that the display area of a relocated special sign be equal to or lesser than the sign being relocated (§ 1007.3). Allows applicant to combine applications for transfer and change in artwork (§ 1009.4). Reduces the timeframes for reviewing applications (§ 1009.6). Requires a sign owner to obtain a demolition permit if needed for the removal of a special sign (§ 1011.1).
Chapter 11: Prohibits issuance of a permit to replace an existing permitted billboard with a sign that is internally illuminated (§ 1102.2). Requires owners of existing permitted billboards to apply for a sign permit (§ 1103.1). Provides owners of existing billboards that are not on the authorized list six (6) months to establish that they were approved by the District (§ 1106.1).
Chapter 12: No significant changes.
Chapter 13: Removes list of specific infractions. Lists applicable enforcement mechanisms.
Chapter 14: Provides cross references for applicable fee schedules.
Chapter 99: Includes definitions of “animated,” “building restriction area,” “building restriction line,” “business day,” “Civil Infractions Act,” “commercial advertising,” various D.C. Codes, “digital sign,” various zoning districts, “first story,” “freestanding sign,” “full motion video,” “illumination,” “lot line,” “luminance,” “nit,” “neon sign,” “non-commercial advertising,” “off-premise advertising,” “on-premise advertising,” “public space,” “Residential Group R,” “sidewalk sign,” “sidewalk sign,” and “transit information sign.” Definitions of “variable message sign,” “display,” and “designated entertainment area” were amended.
All persons interested in commenting on the subject matter of the proposed rulemaking may file comments in writing, not later than sixty (60) days after the publication of this addendum to the Notice of Second Proposed Rulemaking in the D.C. Register, with Alice Kelly, Manager, Policy Branch, Planning and Sustainability Administration, District Department of Transportation, 55 M Street, S.E., 5th Floor, Washington, D.C. 20003. All comments received by Monday, July 13, 2015 will be considered. Comments may also be sent electronically to policy.ddot@dc.gov. Copies of the proposed rulemaking are available, at cost, by writing to the above address, and are also available electronically, at no cost, on the District Department of Transportations’ website at www.ddot@dc.gov.
