HomeMy WebLinkAboutItem 3D - Initiation of Sign Code Amendments
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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.
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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 will follow land use code
amendment procedures. If the City Council initiates the amendment process, the Planning Commission
will consider the proposed amendments, hold a public hearing and make a recommendation to the City
Council. The council would then hold a public hearing and take action.
RELATED CITY POLICIES
EC 9.7500 provides that a Land Use Code amendment is a “Type V” application. EC 9.7510 authorizes
the City Council to initiate a Type V application on its own behalf. EC 9.7520 – 9.7560 describe
requirements for notice, public hearings before both the Planning Commission and the City Council, and
related procedures.
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.
COUNCIL OPTIONS
1.Initiate the process to consider amending the sign code as described above, beginning with the
Planning Commission.
2.Take no action on the proposal, leaving the sign code as it is now.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the council initiate amendments to the sign code to (a) consolidate
exemptions into two general exemptions; and (b) create a time limit for acting on a sign permit
application.
SUGGESTED MOTION
Move to initiate amendments to the sign code in Chapter 9 to consolidate exemptions, to limit the time
to process a sign permit application and to make clarifying and conforming amendments to other sign
code provisions.
ATTACHMENTS
None
FOR MORE INFORMATION
Staff Contact: Jerry Lidz
Telephone: 541-682-8447
Staff E-Mail: jerry.lidz@ci.eugene.or.us
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