Requested Action
A proposed text amendment to Appendix A - Unified Land Development Code (ULDC) to change Section 5.79 New Signs, concerning certain language addressing all temporary off-premises signs.
Applicant(s)
- Jason Reynolds – City Manager
Background
In 2015, the Supreme Court of the United States in Reed v. Town of Gilbert, Ariz. ruled that content-based sign restrictions are an unconstitutional restriction of the First Amendment unless the government can show that the regulations are narrowly tailored to further a “compelling government interest”. Because the sign ordinance in Gilbert treated sign types differently based on the type of message they contained, the court ruled that Gilbert’s sign ordinance was content-based because the restrictions that apply are based on the content of the sign and vary based on the sign’s content.
Section 5.79 of the ULDC presents a potential issue in light of Reed. Section 5.79 prohibits all off-premises signs except for (1) temporary directional signs, (2) political signs; and (3) city-sponsored event signs. Similar to Gilbert’s ordinance, these sign types have differing regulations in terms of location and time frames for display. According to the City Attorney’s office, this section is unlikely to pass Constitutional muster. In order to avoid a Constitutional challenge, staff recommends amending Section 5.79 of the ULDC to allow an exception for all temporary signs, regardless of the type, to be permitted both on and off-premises with a limit of 2 per location and for no longer than seven days in any 30-day period. This amendment would not change any prohibitions on placing signs in the right-of-way, which is not considered private property.
Typical Zoning Process
Application is submitted
The property owner or their representative submits a formal application and begins the zoning process.
Application is advertised
The zoning request is advertised in accordance with state and local requirements. This typically includes mailing notices to neighbors, posting signs on the property, creating a project Newsflash on the City's website and advertising it in the newspaper.
Public Hearing and Recommendation
Planning and Zoning Commission holds a Public Hearing and votes on a recommendation to City Council. Anyone can sign up to speak at the Public Hearing.
Final Public Hearing & Action
City Council holds the final Public Hearing and votes the final decision. Anyone can sign up to speak at the Public Hearing. This is the final step.
Contact Project Manager
Ryan Hvitlok
Assistant Director of Planning
Important Dates
- Public Hearing (Planning & Zoning Commission) - August 15, 2023 (Meeting Agenda and Minutes)
- Online Comment Period Closes - August 31, 2023
- Resolution to proceed with Annexation (City Council) - September 14, 2023 (Meeting Agenda and Minutes)
This application was Approved by the City Council on October 26, 2023.