by SC Publisher Shannen Hayes
City staff has done an in-depth analysis of sign regulations precipitated by a 2015 United States Supreme Court ruling on content-neutral signs. It resulted in a draft resolution amending sign regulations presented Tuesday, March 1 to City Council.
The review was part of Planning Commission’s 2018 goals after SCOTUS unanimously upheld sign restrictions are lawful when premised on “time, date and manner.” And some content-based restrictions are permissible, but subject to strict scrutiny.
“What started as an examination of temporary signage, where the city’s codes have the most examples of content bias, evolved into a larger scope of work,” explained Planning Supervisor Craig Chandler.
Planning Commission unanimously approved the draft ordinance in November with three amendments: Renumbering a page and changing sign size from two square feet to the industry-standard of three square feet, as well as language in the holiday decoration section.
Council members raised concerns over a disparity in regulations of political signs compared to other signs. Under current restrictions, political signs are required to face parallel to the road and other signs can be perpendicular to the roadway.
Chandler said the difference came down to safety and aesthetics. “There is a provision (political) signs be oriented parallel to the roadway and one-time temporary event sign regulations do not provide a restriction on which direction the sign faces the road,” he said.
But Councilman John Henshaw said perpendicular signs are easier to see in peripheral vision driving down the road versus parallel signs, which requires taking eyes off the road to read. “We should make it as simple and safe as possible,” said Henshaw.
Mayor Holly Smith said it was a “common sense concern” for her. And it was one raised by Committee of the Islands to Planning Commission then City Council.
In a memo drafted by COTI President Larry Schopp, he wrote “…citizens should have as much right to the effective use of signs to promote their candidacies or candidates as business owners or event sponsors have to advertise their establishments or events. That’s why the requirement of parallel placement should be dropped.”
Councilman Mike Miller also presented several questions about language and definitions.
Council directed city staff to make eight additional revisions, including the definition of one-time events, consistency of three square feet for business incidental signs, expand the narrow allowance for signs on bicycles to include safety advisories, eliminating the parallel restriction on political signs and clarification on double-sided signs.
The revised resolution will come back to council in April.