2018.11.26 Council Agenda Item 11

The Community Development Committee was charged by the Council as part of the 2017/2018 work plan to prepare amendments to the temporary sign provisions to bring them into compliance with the US Supreme Court ruling of June 2015, Reed V. Gilbert.  The amendments that were a result of that work were introduced at the 5/14/18 Council meeting and received a public hearing at the 7/9/18 Council meeting.  At that July meeting, some councilors expressed a desire to make additional accommodation to allow signage within the portion of the public right of way that lies between the sidewalk and the travel way (e.g. the esplanade). Accordingly, a revised ordinance amendment including this accommodation was introduced on 7/23/18 and another public hearing was held on 8/27/18.  At that August meeting, the Council referred the proposed ordinance amendments back to the CDC for additional review of the provision that would have prohibited signage within medians/traffic islands.

The CDC reviewed the draft ordinance at meetings on 10/10/18 and 11/13/18.  As a result of those reviews, the CDC has recommended the following changes to the version of the draft ordinance last reviewed by the Council:

1. Modify the 30-foot separation distance requirement between signs in the public right of way to mimic the State’s regulation requiring separation between signs bearing the same, or substantially same, message.
2. Remove the more stringent limitations on temporary signs within esplanades and medians in the public right of way.  Now, all temporary signage within the public right of way is proposed to be regulated in the same fashion regardless of location within the public right of way.  
3. Reduce the maximum size of signage within the public right of way from 16 square feet to 7 square feet.
4. For signs on private property, replace the one sign per lot limitation with a 30-foot separation distance requirement between signs bearing the same, or substantially same, message.

Please find the draft revised ordinance language and an ordinance introduction letter attached.