Item 3D - Initiation of Sign Code Amendments

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Initiation of Process for Eugene Sign Code Amendments Meeting Date: May 29, 2012 Agenda Item Number: 3D Departments: City Attorney’s Office Staff Contact: Jerry Lidz www.eugene-or.gov Contact Telephone Number: 541-682-8447 ISSUE STATEMENT The City Council is asked to initiate amendments to the sign code, EC 9.6600 to 9.6680, to consolidate certain exemptions from the permit requirements and to specify a time limit for the City to act on a sign permit application. BACKGROUND Eugene’s sign code generally requires a property owner to obtain a permit to install a sign on the person’s property. The code contains 24 exemptions from that requirement – for example: addresses, murals, parking lot signs, public signs. Last year, the American Civil Liberties Union (ACLU) notified the City that, in the ACLU’s opinion, some of the exemptions were based on the signs’ content and therefore unconstitutional. In addition, the ACLU expressed concern that the lack of a deadline for City staff to process a sign permit application could, theoretically, allow the City to discriminate against signs with a disfavored message by delaying action on the application. Although the City Attorney’s Office disagreed with those contentions, discussions with the ACLU have resulted in a proposal that addresses the ACLU’s concerns without impairing the City’s ability to protect public safety or prevent the harms associated with unregulated proliferation of signs. The ACLU has agreed that, with the proposed amendments, the sign code would not violate the state or federal constitution. The proposed amendments to the sign code would: 1. Eliminate the specific exemptions for conference and convention banners, contractor signs, flags, real estate signs and temporary activity signs. Instead, there would be two general exemptions for (a) two freestanding signs or banners, or one of each, in residential zones; and (b) one freestanding sign or banner in a commercial or industrial zone. Each of those signs could not exceed 12 square feet. (The reason for allowing two exempt signs in residential zones and only one in commercial and industrial zones is that a range of signs are already available by permit in the commercial and industrial zones. The “exemption” means those signs are exempt primarily from the permit and fee requirements. Many other requirements of the sign code would apply.) 2. Make some minor wording changes to some of the other exemptions to make it clear that they are based on the sign’s content. S:\CMO\2012 Council Agendas\M120529\S1205293D.doc