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until the building is complete; thus, part of that basic sign t: allocation can be used to identify the contractors,architects, } engineers, banks, and others involved in making the con- '� struction possible.Such an approach to construction signs may require minor amendments to other sections of local sign regulations,which may prohibit signs on unoccupied commercial properties. "Political"Signs Many local regulations allow"political"signs as a sepa- rate category,often for a specific period tied to an election date.When such regulations are more restrictive than those for real estate or other signs in the same locations(as most are), they are clearly unconstitutional in preferring the advertisement of real estate for sale over noncommercial political messages.Furthermore,they typically prohibit(ex- pressly or by implication)many protected messages that are not related to a particular election date(e.g.,"Save the Ot- ters," "Vote Populist," "Support Anarchy," or "Go to NORTH Church on Sunday").A content-neutral approach to sign BROADWAY regulation allows,by implication,political signs anywhere that any sign can be erected—without special treatment— and prohibits them where other signs of similar size or loca- tion are prohibited. Some communities have special regulations allowing political signs to be installed on public property;such regula- tions typically limit the period during which signs can be erected and often require the posting of a bond to guaran- tee that the signs will be removed.Such special permissions 3 for political signs only,which give preferential treatment to political signs over commercial ones,are acceptable.How- " ever,the safe approach to drafting such regulations is to in- Groups like neighborhood organizations use banners to clude only a prohibition on commercial advertising in the promote businesses and activities and to give a festive air to the regulations,leaving the noncommercial content open.If the local area.Any ban of such signs should be carefully considered in light of their possible civic and artistic uses. time period during which such signs can be erected relates to a municipal election,it is unlikely that many of them will say "Ban Nuclear Power," but permitting someone who enterprise not permitted[conducted]on the same zone lot." wants to deliver that message to do so simplifies administra- The use of"permitted" in the sentence simplifies enforce- tion of the regulation and offers important legal protection ment, because it requires reference only to the ordinance to it. rather than physical investigation;furthermore,the risk of one resident using his/her three square feet of signage to pro- Menu Boards and Vending Machines mote a neighbor's permitted home-occupation beauty shop There are a variety of incidental and supplemental signs seems minimal.However,for communities concerned about on large commercial properties that have little or no impact that risk, the use of the word"conducted"is appropriate. on the public but that are essential to the conduct of business Note that this approach avoids the constitutional problems or even to the free flow of traffic.A simple,content-neutral of billboard bans,which are typically worded to grant per- approach to regulating such signs is to permit signs of a mission for certain commercial signs while prohibiting all specified size,located at least some specific distance from the other signs;this proposed language bans most types of com- property line, and "not legible to a person of average mercial signs,permitting all other signs that meet the size and eyesight standing on any property line."That blanket per- location requirement, including noncommercial ones. mission short-circuits the potential problems with many dif- ferent kinds of signs,including the"75 cent"price sign on the Construction Signs vending machine, signs on the outside restrooms, the in- Many local regulations create a special and preferred cat- structions for using the pay phone, the fast-food menu egory for construction signs,an approach that verges on the boards, and the sign saying "Parking for George's Ham- ridiculous. If a large real estate sign in a residential burgers Only."On the other hand,it prohibits circumven- neighborhood would be disruptive,a large construction sign tion of the sign ordinance through such supplemental must be equally disruptive; in short, in residential advertising techniques as vending machine supergraphics neighborhoods, the basic freestanding sign described above that are easily legible from the street. can easily be used to advertise the fact that "Bang'em Up Contractors Is Building This House."In commercial zones, "Logo"Signs the full sign allocation for commercial purposes is never used Some local ordinances allow a freestanding sign or an 13