“Electronic Signage are illuminant advertising media in signage industry. Major electronic signage include fluorescent signs, HID (High intensity displays), incandescent signage, LED signs, and Neon signs.” Wikipedia

Oct – Pre app meeting with City Manager and Staff Presented plan, took input from staff about planning issues; Discussed signage. Staff represented that signage was an issue for the City Council to decide Dec – Hospital submits MPD Application Sept City Council First Reading Approved except language affecting electronic signage Mayor Netts… parties go back and negotiate something that is acceptable to Council and can pass the sniff test

Oct. 22 nd – Staff proposes to allow electronic sign if: Sign located 350’ from SR 100 right of way Sign changes 1 time every 30 mins. Oct. 26 th – Hospital responds and suggest that: Sign be located 10’ from SR 100 right of way Sign change 1 time every 30 sec. Oct. 28 th – Staff informs Hospital that negotiations are over and they will recommend denial.

The City Attorney’s office indicates that a sign code is only as effective as its exceptions, and no content based exceptions are allowed, only time, place and manner. Thus, if City Council elected to allow an electronic message sign, City Council would have to allow these type signs for a certain area of the City or along certain roads as opposed to restricting the use of the signage in question to non-profits or institutional uses like a hospital. In addition, City Council is not authorized to determine that electric message signs are only a safety hazard or aesthetic nuisance if they have a commercial message as opposed to an institutional quasi-government type message; they either are dangerous or they are not. The nature of message(s) displayed is not justification to grant an exception or waiver. To do otherwise without amending the current sign code places the sign code in jeopardy. CONCLUSION City cannot regulate content but can regulate time place and manner to ensure that such signs are not dangerous or a traffic safety issue.

“ Thus, if City Council elected to allow an electronic message sign, City Council would have to allow these type signs for a certain area of the City or along certain roads as opposed to restriction the use of the signage in question to non-profits or institutional uses like a hospital.” Town Center PUD- Book: 1025 page: 1417 “ Except as provided for in this Subsection, no sign regulations will apply other than in the perimeter Commercial Areas where the sign regulations that are setforth in the Land Development Code, as from time to time modified, will apply. Under canopy signs in the Urban Core will be set back a minimum of five feet from the lot line. “ Except as provided for in this Subsection, no sign regulations will apply other than in the perimeter Commercial Areas where the sign regulations that are setforth in the Land Development Code, as from time to time modified, will apply. Under canopy signs in the Urban Core will be set back a minimum of five feet from the lot line. Neon signs will not be permitted except in the Urban Core where they will be permitted but only in connection with food and entertainment. Where permitted, Neon signs may move or vary in intensity and color but may not flash, rotate or flicker”

Circle Represents a 2 Mile Radius

“ In addition, City Council is not authorized to determine that electric message signs are only a safety hazard or aesthetic nuisance if they have a commercial message as opposed to an institutional quasi- government type message; they either are dangerous or they are not.”

“ The nature of the massage (s) displayed is not justification to grant an exception or waiver. To do otherwise without amending the current sign code places the sign code in jeopardy”

1. Have we allowed PUD’s to include sign? See TC 2. Do we allow Electronic signage in PC?See Map 3. Is it a traffic hazard?See City’s & School Signs 4. City Council asked staff /hospital to determine 1) Time 2) Place 3) Maner

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