CC WORKSESSION 05312007 - Laserfiche WebLink

Home Browse Search

24 STAFF REPORT To: Mayor and Councihnembers Report No.: Michael Morrison, City Manager From: Kim Moore - Sykes, Assistant City Manager Date: May 31, 2007 Subject: Sign Ordinance Revision Background: One of the chapters of the City's Code that has been proposed for immediate revision is Chapter 14, Sites. Staff attended an LMC land use workshop in December 2006, at which sign ordinances were reported as increasingly problematic for cities. Paul Merwin, LMCIT attorney, facilitated the workshop and provided ample information and examples of various law suits that are based on over - regulated speech through cities' sign ordinances. Mr. Memin suggested that a city's sign ordinance should be mindful of the following concepts: • Content neutral — Do not regulate signs based on content. Content neutral regulations based on time, place and manner, i.e. size, brightness, zoning district, spacing and movement. • Allow adequate opportunities to communicate — Do not favor commercial speech (advertising) over noncommercial speech. • Allow no discretion — Restrictions on signs must accomplish a substantial government interest and be no broader than necessary. Governmental interests recognized by the courts are traffic safety and aesthetics. • Clear and timely procedures — Provide and follow clear procedures, avoid exceptions and explain rational and purpose. Keeping these concepts in mind, staff is currently reviewing the City's Sign Ordinance. Based on the information provided by the LMC workshop and comments by Mr. Merwin, Staff recommends that the City's Chapter 14 Sites. be revised. The League also recommends that cities should consider placing a moratorium on sign permits while revising its sign ordinance to prevent the "grandfathering" of undesirable signs. Attachments: • Sign Ordinances & the First Amendment, PowerPoint presentation as provided by Paul Mervin, LMC Attorney F: \Staff Reports \2007 \053107 Sign Ordinance Revision staff report .doc