Item 6: Ordinance on Sign Standards

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Sign Standards and Amending Sections 9.0500, 9.6610, 9.6615 and 9.6630 of the Eugene Code, 1971 Meeting Date: November 26, 2012 Agenda Item Number: 6 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 scheduled to take action on proposed amendments to the City’s Sign Code, EC 9.6600 to 9.6680. The amendments would consolidate several exemptions from the permit requirements, set size limits for exempt signs and specify a time limit for the City to act on a sign permit application. BACKGROUND Impetus for amendments. Eugene’s Sign Code generally requires a property owner to obtain a permit to install a sign on the person’s property. The current code contains 24 exemptions from that requirement – for example: addresses, murals, parking lot signs, real estate 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, neither the City Attorney nor Planning staff was committed to the current code’s approach to the exemptions. 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 and prevent unregulated proliferation of signs. The ACLU has agreed that, if the proposed amendments are adopted, it would not challenge the Sign Code’s constitutionality. The draft amendments address the specific concerns raised by the ACLU and are not a general revision of the Sign Code. Changes after October 24 Work Session. At the October 24 Work Session, the City Council’s discussion focused on increasing the allowable size of an exempt banner from 12 to 15 square feet, so that a typical-size American flag would come within the exemption. The proposed ordinance now includes that change. S:\CMO\2012 Council Agendas\M121126\S1211266.doc