CITY COMMISSION AGENDA ITEM

Department:	Planning & Development Services		Commission Meeting Date: 2-20-2018
Staff Contact:	Kurt Schroeder, Assistant Director of Planning & Development Services
Recommendations/Options/Action Requested:
Adopt on first reading, Ordinance No. 9439, amending certain sections of Chapter V, Article 18 of the City Code, which pertains to the regulation of signs (Sign Code).
Executive Summary:		In early September 2017, the City Commission adopted an entirely new Sign Code in Chapter V, Article 18 of the City Code.  Adoption of a new Sign Code was necessary due to the landmark 2015 U.S. Supreme Court decision, Reed v. Town of Gilbert, Arizona (Reed), and subsequent related court rulings requiring sign regulation to be content-neutral.  In the new Sign Code, both permanent and temporary signs are regulated in a content-neutral manner with regulations distinguished not by business, service, product, issue or ideology (content-based), but by zoning districts, land use “character” districts (such as historic districts), zoning land use classifications or special lot conditions (in accordance with Reed.)  The new Sign Code was developed over many months, with significant input from the Chamber of Commerce and other stakeholders, and with guidance from the City Attorney’s Office to help ensure that city sign regulations comply with the First Amendment to the U.S. Constitution and the content neutrality principles articulated in Reed. As the new Sign Code regulations have been applied and enforced, it’s become evident that some corrections and adjustments to the Sign Code are necessary.  Some proposed amendments simply correct typos or incorrect references to other Sign Code sections or requirements, while others modify or clarify sign allowances and/or enforcement provisions, primarily for temporary signs.   Significant proposed Sign Code amendments include the following items. · In the table for Permanent Wall Signs (Section 5-1818 (b)), language has been added to allow a tenant in a multi-tenant building, for which the tenant’s main entry is the only tenant entry fronting a parking area, to have more than one (1) permanent wall sign on that wall façade (although such multi-tenant building configurations are uncommon, this building configuration has come up since adoption of the new Sign Code).  The proposed amendment would be beneficial to tenants whose tenant space is configured in this way. · In the table for Temporary Signs (Section 5-1818 (e)), a change is proposed to ensure that each tenant space in a multi-tenant building is allowed at least one (1) temporary wall sign (with a required permit), regardless of the number of other tenant spaces in the multi-tenant building that have a temporary wall sign (with required permits) at the same time.  This proposed amendment will be beneficial to tenants of multi-tenant buildings. · In the table for Temporary Signs (Section 5-1818 (e)), the language for Exemptions from Permit, Exceptions to the maximum allowed display time per calendar year and Exception to maximum number of Signs is modified to limit the exemptions and exceptions for signs “…located on a lot where the property or a portion thereof is for sale, lease or rent…” to one (1) per lot street frontage.  The Sign Code, as written, unintentionally allows an unlimited number of temporary signs for more than 60 days in a calendar year if/when the property or a portion thereof is for sale, lease or rent. · Enforcement provisions for hazardous, dangerous, abandoned or vacant signs; for signs installed or altered without a required permit; and for signs otherwise installed in violation of sign regulations are differentiated for Permanent Signs and Temporary Signs in Sections 5-1824 (a) 5-1824 (f). The proposed changes allow Staff to provide much shorter Notice and Order minimum compliance deadlines for illegal or non-compliant Temporary Signs than for illegal or non-compliant Permanent Signs, and for Temporary Signs, to issue a court citation to the owner of the property “…or the person responsible for placing the Temporary Sign.” · Language is added in Section 5-1827 to exclude Notices and Orders issued for Temporary Signs that have been installed without a permit or that have not been installed in compliance with sign regulations from a stay of enforcement action until the Sign Code Board of Appeals has issued its final order.    · Municipal offense fines in Section 5-1832 have been differentiated for Permanent Signs and Temporary Signs.  The proposed language establishes lower fines for any person found guilty in Municipal Court of a violation of Temporary Sign regulations or requirements.
Strategic Plan Critical Success Factor		Collaborative Solutions, Economic Growth and Security
Fiscal Impact (Amount/Source):		The fiscal impact to the City is $0.
Attachments:		Ordinance No. 9439

Reviewed By: (for CMO use only)

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