Misfit Industries is located at 4122 Billy Mitchell Drive. This business designs and fabricates motorcycles. The business has an 83 foot long truck and trailer used to transport motorcycles and other equipment. This is currently parked in nine parking spaces immediately adjacent to the right-of-way (see attached photos). The truck and trailer include branding for the business and is considered a vehicular sign. Vehicular signs are subject to the following regulations under Addison’s Sign Code.
Sec. 62-145. - Certain vehicular signs.
(a) Vehicular signs may be attached to the following vehicles:
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Vehicles of the town.
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Vehicles owned and operated by another governmental entity.
(b) Further, vehicular signs are permitted provided that:
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The primary purpose of the vehicle on which the vehicular sign is located is not for display of the sign;
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The signs are painted upon or applied directly to an integral part of the vehicle;
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The vehicle on which a vehicular sign is located is in operating condition, currently registered and licensed to operate on public streets, and actively used in the daily function of the business to which such sign relates;
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The vehicle on which a vehicular sign is located is not used primarily as static displays advertising a product or service; and
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The vehicle on which the vehicular sign is located, when on the premises of the business to which such sign relates, shall be parked out of view from the public right-of-way. If this is not possible due to the configuration of the site, then the vehicle on which the vehicular sign is located must be parked as far away as reasonably possible from the public right-of-way.
In December 2015, the Town’s Property Standards staff conducted a proactive sweep of the Town for vehicular signs. Since that time, staff has visited repeatedly with Misfit Industries about their vehicular sign and the Town’s requirements. The building on this property extends up to the rear property line, and therefore it is not possible to park the vehicle completely out of view from the public right-of-way. Staff has instructed the business to park the truck and trailer on either side of the building to be in compliance with the Town’s requirements.
The business has stated that the ramp on the west side of the building is too steep for the trailer to use and that parking the trailer to the east of the building would block access to their dumpster. The business is requesting a meritorious exception from the requirement of Sec. 62-145 (b) (5) that the vehicular sign be parked out of view of the public right-of-way or as far away as reasonably possible from the public right-of-way. They would like permission to park the vehicular sign in its current location immediately adjacent to the public right-of-way.
The code states that “the Council may consider appeals on the basis that such regulations and/or standards, will, by reason of exceptional circumstances or surroundings, constitute a practical difficulty or unnecessary hardship or on the basis that the proposed improvement although falling under the definition of a ‘sign,’ constitutes art that makes a positive contribution to the visual environment.”
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