Commission recommends changes for signs, RV parks and accessory buildings

GENTRY -- After public hearings, the Gentry Planning and Zoning Commission approved a variance, two tract splits and a lot-line adjustment before moving on to recommend the council pass ordinances amending city code on signs, accessory buildings and adopting a new ordinance regulating recreational vehicle parks within the city.

A variance was granted to Susan Herrington, 1100 E. Crawford, to allow the construction of an 1,800-square-feet shop building on her 4.5 acre lot. Tract splits were approved for Steven Holzkamper and Ben Sarratt. And a lot-line adjustment was approved for Dr. Robert Weaver.

The commission is recommending the council pass an ordinance amending the city code in regard to yard-sale signs to no longer allow the placement of signs on city buildings or on city rights of way. The change is being recommended due to a Supreme Court decision last year which determined it to be unconstitutional for city's to discriminate against signs based on the content of the signs. Rather than allowing people to post signs on public property saying anything they choose, the ordinance reverts to earlier city code which prohibited the placing of private signs on public buildings or city rights of way.

Placing of signs, including yard-sale signs, is currently illegal on state highway rights of way. Should the ordinance be passed by the council, those who place private signs of any kind on city property could be fined for each offense.

A second provision of the recommended ordinance states that the city will not discriminate based on a sign's content. The changes would allow the city to regulate the size, placement and construction materials used in signs but not the the sign's content.

Recommendations that the city amend its sign ordinance to allow swinging signs on Main Street to allow drivers to see business names while driving down the street without looking away from the road to view signs on buildings will to be further considered, with a possible amendment to city code to be recommended in the near future.

A proposed amendment to city code regulating accessory buildings is being recommended to the council for passage. It would allow property owners to have as many accessory buildings as they desire behind the front of the main residence on their property as long as the total footprint of all the structures on a tract does not exceed 50 percent of the land area. It would also require a 6-foot privacy fence be built around the back yard if the footprint of the home and accessory buildings exceeds 30 percent of the tract area. Accessory buildings must be 3-feet apart for maintenance purposes. The ordinance would also modify rear set-back lines, in accord with the zoning and type of residence. The recommended rear set-back lines would be the same as side set-back lines.

The purpose of the recommended changes is to allow residents to maximize usage of their tracts of land. After questions regarding the change applying to portable buildings, the planning and zoning commission recommended that the ordinance to be presented to the council allow portable accessory buildings (with no foundation or permanent footings) be placed as closes as three feet to the rear or side lot line provided they be no larger that 120 square feet and have side walls no taller than 12 feet.

"I just can't see someone with a small portable building to store a lawnmower being told to place that building 10 or 25 feet from their back fence," commission member Paul Church said, arguing that it wouldn't let the resident get the best use of his back yard if he was forced to put his storage shed out in the middle of it.

The commission also recommended an ordinance which would make it possible for property owners with tracts of land of 2 or more acres within certain zones to receive approval for the construction of a recreational vehicle park by special use permit granted by the planning and zoning commission. The recommended ordinance includes regulations for spaces, set backs, utility hookups and waste disposal. It does not make provision for permanent parking of trailers and RVs.

General News on 05/25/2016