Item A: Amendments to Eugene Sign Code

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(The reason for allowing two exempt signs on residential properties and only one on properties used for commercial, industrial or other purposes is that a range of signs are already available by permit in commercial and industrial zones. The size of the exempt signs –12 square feet– in the proposed ordinance is the same as the current Sign Code’s exemptions for “signs during elections” and “real estate signs.” The proposed amendments would retain the first of those exemptions but replace the latter.) 2.Make some minor wording changes to some of the other exemptions to make it clear that they are not based on the sign’s content. 3.Require the City to act on a sign permit application within three weeks of receipt of a complete application. Because the Sign Code is in Chapter 9, consideration of the amendments follows Land Use Code amendment procedures. The City Council initiated the code amendment process at its May 29 meeting. The Planning Commission held a public hearing and deliberated on the proposed amendments on June 19. The City Council previously held a work session on July 11 and a public hearing on July 23, 2012. The discussion at the July 11 work session focused on the size of the exempt signs described in paragraph #1 above, especially on residential properties. The council expressed its hope that members of the public would address that subject at the July 23 public hearing. Should the maximum size of these residential signs be 12 square feet, nine square feet, six square feet or some other size? Also, should the maximum be different for a free-standing sign than for a banner/flag? At the July 23 hearing, four people testified. Two representatives from the ACLU testified in support of the proposed size – up to 12 square feet – of the exempt signs in the draft ordinance. One of those witnesses expressed concern that 12 square feet is smaller than the typical size of a United States flag, which is 3 x 5 feet, and stated that the ACLU would support increasing the allowable size of exempt signs to 15 square feet. The ACLU opposes limiting the size to anything less than 12 square feet. A third witness, a commercial property owner, expressed his opinion that the City had no right to regulate a non-hazardous sign that expressed a political, non-commercial opinion. In his view, the Sign Code should allow more than one exempt sign on commercial property (in addition to others allowed by permit), and the exempt signs should not be limited to 12 square feet. A fourth witness supported an exemption for signs 12 square feet or even larger. RELATED CITY POLICIES The City’s Sign Code is in EC 9.6600 to 9.6680. EC 9.6600 describes the purposes of the Sign Code; EC 9.6610 contains the exemptions that are the primary subject of the proposed amendments. The Sign Code is part of the City’s Land Use Code; the proposed amendments are “Type V” amendments, so the procedures and criteria for legislative amendments apply. The amendments must be consistent with applicable statewide planning goals and with the applicable provisions of the Metro Plan. To the limited extent those criteria are relevant to the proposed amendments, they are addressed in draft findings in Attachment B. S:\CMO\2012 Council Agendas\M121024\S121024A.doc