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an additional clause to be added to the ordinance identifying the unique nature of real <br />estate, and the need to identify it based on geographic location. Some content -based <br />regulation can be allowed if there is a compelling governmental interest, and the <br />regulations are narrowly tailored. We believe that adding this type of purpose statement <br />would assist in defending any challenge to the City's regulations in this area. <br />Fourth, the ordinance allows for additional temporary signage related to "Grand <br />Openings ". This additional temporary signage can be allowed for new businesses with <br />referring to the "Grand Opening" event. The draft ordinance moves this language to the <br />temporary sign section of the ordinance, and states that "new businesses" may apply for <br />additional temporary sign allowances during the first six months of the opening of their <br />business, without specifically limiting the content of the sign. <br />Finally, the current ordinance allows for off -site garage sale signage in residential areas <br />— up to four such signs, a maximum of 4 square feet in area, allowed one day prior to <br />the sale, and terminating at the end of the sale, and only on private property granting <br />permission. The allowance is clearly content -based since a similar sign with other <br />content would not be allowed under this clause. The difficulty is in crafting an ordinance <br />that regulates such signage without the content -based language. <br />The City of Minnetonka has adopted a more inclusive ordinance that allows "outdoor <br />advertising signs" of any nature on off -site locations. However, in an effort to gain some <br />control over potential clutter, limits them to one sign per event per property, requiring a <br />reading of the content of the sign to determine whether the property owner is in <br />compliance. We have not proposed a change to this section at this time. Although <br />there are concerns in this area, we have not been able to find a common approach to <br />garage -sale signage regulation that has avoided the content -based issue. We will <br />continue to work on this element of the code. <br />Summary and Recommendation <br />The draft ordinance is offered to address two issues that have recently been raised as <br />challenges to sign regulations — the first being a challenge to sign regulations that were <br />content based, and as a result, the challenger was attempting to have regulations <br />thrown out altogether, and allow the construction of over -sized electronic billboards <br />without regulation. The second challenge related to more recent attempts to regulate <br />electronic sign displays — particularly on new or existing billboards — and whether sign <br />regulations should be modified to properly address this new technology. <br />The ordinance addresses the first problem by making changes to sections addressing <br />"holiday signs" and real estate signs. These appear to be the primary potential <br />problems for content -based challenges. The ordinance then addresses the electronic <br />sign issue, utilizing the Minnetonka study, and several area ordinances that have been <br />adopted in this area. <br />Pc: Kathy Glanzer <br />Steve Westerhaus <br />Lee Elfering <br />