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March 28, 2023 Page 3 as a requirement for permitting to allow monitoring of compliance. By instituting a permitting process, the City would be creating an allowance for such signs, which would then be in a stronger position to enforce those that are out of conformance. The limitations are fairly tight, but as noted, current signs are all technically illegal. The draft language attached to this memorandum suggests a maximum of 3 permitting periods, totaling up to a maximum of 90 days of display. The maximum size for any such sign would be 32 square feet, equal to the size of most portable temporary signs. The summary language includes a sampling of permitting fees in nearby communities for context. The discussion of this issue raises a few other common points. First is the timing of enforcement, if adopted. Many communities, when creating new language to address an existing number of compliance issues, have phased in enforcement of the new code restrictions. The purpose of this phasing is to allow the City an opportunity to reach out to property owners with illegal displays, let them know of the pending changes to the code, and accommodate time for voluntary compliance. Staff would invite Council thoughts on such a phasing period, if the code is adopted. The second issue relates to certain common types of off-site temporary signs, usually in residential areas. These include garage sale signs, real estate sales signs, public event signs, and “guerilla” commercial business signs such as the type that pop up for roofers after a hail storm, or similar events. The latter is typically an easy one to deal with through code enforcement, as they rarely have much sympathy from public officials. The first three types are often more problematic, as many residents have come to expect that such signs can be placed. Once temptation is to exclude them from the general prohibition for off-site signage. However, this is at its core a “content-based” regulation – certain off-site signs are fine, but others are not, based only their content. Content is generally an in which the City is not permitted to regulate. The public signs can sometimes be addressed by creating a provision that applies to public-owned and zoned property. It is permissible to regulate differentially by zoning district. Therefore, in the Public Open Space zoning district, the City could allow certain temporary off-site signage, whereas in other districts it might prohibit such signs. This type of regulation would accommodate high school sports announcement signs, public clean-up day signage, or similar types of facilities on public owned and/or used property. This leaves the real estate and garage sale signs. Some cities, when creating regulations for these signs, will write an exception for temporary off-site signs of a limited size, and limit such signs to a specific time period, such as Thursday morning through Monday morning. This usually captures most of the garage sale and real estate open house events. By creating this type of exception, and making it content neutral, the City would be allowing any such sign, regardless of the message. For most of the “guerilla” commercial signs, this would be effective, as they rarely post for just a few days. The only other real option to regulate in this area is by prohibiting all such signs, and then deal with the impacts of sign enforcement. This is an area of temporary sign regulation where few if any communities have found a pure solution. No recommendation or text has been proposed for this aspect of Temporary Sign regulation, and the discussion of these regulations could be withheld for consideration separately from the Code Committee’s proposed regulations. 7