AGENDA DATE: 12/9/2015
TITLE:
Title
ZTA201500010 - Zoning Text Amendment -- Signs
BODY
SUBJECT/PROPOSAL/REQUEST: Public Hearing on proposed sign ordinance amendments to address recent US Supreme Court Reed v. Town of Gilbert, Arizona decision on Content Neutrality
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, McCulley, MacCall, Wright, Higgins
PRESENTER (S): Ron Higgins
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: The principle of the Reed case and the basis for this ordinance amendment is as follows: content based regulations that apply to noncommercial signs must satisfy strict scrutiny by the courts, and will be upheld only if the regulations are narrowly tailored to serve a compelling governmental interest. The Planning Commission adopted a Resolution of Intent on July 14, 2015 (Attachment C) to amend the County’s sign ordinance in order to comply with the United States Supreme Court’s June 18, 2015 decision in Reed v. Town of Gilbert, Arizona (Reed case). The Planning Commission held two work sessions (September and October) and a public hearing on November 17, 2015. It voted to recommend adoption of ZTA201500010, with revisions as noted below.
STRATEGIC PLAN: Goal 4. Economic Prosperity: Foster an environment that stimulates diversified job creation, capital investments, and tax revenues that support community goals.
DISCUSSION: Please see the following attachments: Attachment A is a revised draft of the proposed sign ordinance incorporating the changes recommended by the Planning Commission, with one noted exception; B is a revised draft of the proposed sign ordinance including explanatory comments; D is a table from the October 20th Commission report that compares the current and proposed regulations.
The Planning Commission recommended approval of the ordinance with the following changes:
1) Retain the current temporary sign height regulations in those districts where a 10 foot height limitation exists (where increasing sign height to 12 feet was proposed);
2) Retain the current temporary wall sign heights a) to 20 feet, but not to exceed the top of the fascia or mansard, in the agricultural and residential districts (where increasing the sign height to not exceed the top of the fascia or mansard was proposed); and b) 20 feet for residential wall signs and 30 feet for nonresidential wall signs, but not to exceed the cornice line, in the planned, commercial, and industrial districts (where increasing the sign height to not exceed the top of the fascia or mansard was proposed);
3) Retain the current maximum wall sign area (where increasing the wall sign area in several residential districts was proposed to be increased to be consistent with the wall sign area allowed in other districts);
4) Retain the “temporary off-site directional sign” classification as a sign class exempt from having to obtain a temporary sign permit (section 4.15.6) and define the term. (Upon further review, retaining this sign class as proposed raises constitutional concerns under Reed and such signs will be allowed as “noncommercial signs” if their copy is noncommercial in nature), and;
5) Retain the current definitions of commercial sign classes that are based on their purpose (e.g., construction signs, auction signs), and use those terms when referring to such signs in corresponding revisions throughout the ordinance (where a content neutral approach to these situational signs was proposed).
BUDGET IMPACT: There is no anticipated budget impact.
RECOMMENDATION:
Recommendation
Staff recommends that the Board adopt the attached proposed ordinance (Attachment A) after the public hearing.
ATTACHMENTS:
A - Draft of Proposed Sign Ordinance - clean version, dated November 30, 2015
B - Draft of Proposed Sign Ordinance with commentary, dated November 30, 2015
C - Resolution of Intent
D - Comparison Table from Planning Commission October 20, 2015 work session staff report
E - Planning Commission November 17, 2015 Public Hearing Staff Report
F - November 30, 2015 Memorandum to Board of Supervisors from County Attorney’s Office
G -November 30, 2015 Summary of each section of the proposed sign ordinance from County Attorney’s Office