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nants are well defined.(See the model for a good definition.) Rows of flapping pennants certainly contribute to streetscape clutter and do not communicate any essential message other than"look at me." SIGN CONTENT Although local officials may not announce,or even con- sciously consider,an intent to regulate sign content,many local sign regulations are heavily based on sign content. Typical community sign regulations may allow a real estate sign of six square feet, a temporary election sign of four square feet(to be removed within 30 days of the election), a home occupation sign of two square feet,and a construc- tion sign (only during the period of construction) of 20 square feet, all on the same residential lot, with the size depending only on the content of the sign. Those same regulations may, in the same residential zone, allow a 32- square-foot sign for a church,a 50-square-foot sign for a per- mitted business,and a 15-square-foot sign for each entrance to an apartment complex.These latter signs can be consid- ered incidental uses to the principal use,thus avoiding some of the censorship issues involved in content regulation,but that approach still does not address the fundamental ques- tion.Why is a 32-square-foot sign on a church less disrup- tive to neighborhood aesthetics or traffic safety (the purposes of sign regulation)than a political sign of similar n , size or an identification sign on an apartment complex in the same location?Why is a real estate sign in the yard of a house that does not sell for two years not disruptive if a political sign in the same location becomes unacceptable 30 days after the election?The issue is discussed in depth in Chapter 2 but must be considered here to discuss the types of signs whose Where and why the movement against decorative neon signs regulation is sometimes affected by the nature of their began is a mystery. Neon signs can be quite attractive,as this content. sign from Seattle makes evident.Any prohibition of local The content basis of local sign regulation is particularly decorative neon work should be carefully reevaluated in the obvious in the Hiles for many residential zones,but it extends course of updating sign regulations. into the regulation of commercial and noncommercial signs. The most typical use of sign content as the basis for regula- front door to deliver messages,such as"Save the Whales," tion is to allow on-premises signs and prohibit all other signs, rather than to give their name, the impact on the commu- with an on-premises sign defined as,"A sign that pertains to nity will be minimal. Commercial messages may be re- the use of the premises on which it is located,"or something stricted separately. similar. The legal problem with such a definition, which effec- Real Estate Signs tively prohibits most signs with political,religious,and other In commercial zones, there is no need for a special cate- noncommercial messages,is discussed in Chapter 2.Other gory for real estate signs.If a commercial property is partly content-based regulations affecting commercial signs in- or wholly vacant, it surely does not need its entire signage elude permission for extra'logo signs"not bearing any com- allocation,and part of that can be devoted to advertising the mercial message except a logo or business name;exclusion property for sale.If a fully leased and fully signed shopping from regulation of menu-boards at drive-in restaurants;and center is for sale,it may have to be sold without a sign—as special treatment of gas price signs. many investment properties are. Some types of signs typically regulated on the basis of In residential zones, the simplest, content-neutral ap- content and recommendations for other approaches to the proach to real estate signs is to allow each residential zone regulation of such signs are examined here. lot a single,unlighted,freestanding sign of three or so square feet(possibly double-faced)for whatever purpose the owner Nameplates may choose.That sign can serve as the For Sale or For Rent Many local regulations permit, or exempt from regula- sign or may say"Smith Residence,""Save the Coyotes."or tion,a nameplate of one or two square feet.Permitting such "Impeach the Mayor" . . . whatever the owner may a sign as a flush wall sign in virtually any zone, without choose.Such a sign could also be used to advertise a permit- specifying content, is entirely rational.A community may ted home occupation. choose to impose additional lighting restrictions on such The abuse of such signs to advertise fast-food and gasoline signs in residential neighborhoods. Although a few in- operations down the road can be avoided by simply pro- dividuals may decide to use the one square foot beside their hibiting the use of such a sign to advertise"any commercial 12