1. Sign Regulations Issues and Standards December 16, 2013 City of Duluth Unified Development Code

2. Agenda  Some Basics  Approach  Issue Items  Homework  Next Meeting 22

3. Some Basics  Central Hudson (1980) “Although the Constitution accords a lesser protection to commercial speech than to other constitutionally guaranteed expression….” To be protected: [It] must concern lawful activity and not be misleading. Next, it must be determined whether the asserted governmental interest to be served by the restriction on commercial speech is substantial. If both inquires yield positive answers: it must then be decided whether the regulation directly advances the governmental interest asserted, and whether it is not more extensive than is necessary to serve that interest. 33

4. Some Basics  Metromedia v. San Diego (1981) Content-based regulations Billboards Traffic safety & aesthetics are self-evident governmental interests  Ladue v. Gilleo (1994) [The city had] “foreclosed an important and distinct medium of expression to political, religious, or personal messages.”  Union City v. Justice (1996) Georgia Supreme Court brings it all home. 44

5. Approach  Basically keep (or improve on) current restrictions for “normal” situations and address special cases for particular areas or properties. Generally … Business property with 1 or 2 occupants: –1 freestanding monument sign 8’ h x 50 s.f.; corner lot 1/frontage 12’ h x collectively 100 s.f. sign face. –Principal wall sign 1/façade, 2 s.f. per lineal foot (l.f.). Multiple tenants: –1 freestanding monument sign per frontage, 1 s.f. per 1 l.f. of frontage, up to max 20’ h and 150 s.f. sign face. –1 principal wall sign/tenant, 2 s.f. per l.f. of storefront. 55

6. Items to discuss  Should max sign size be related to adjacent road classification? 66

7. Items to discuss  Should maximum sign size be related to distance from travel lane (e.g., back of curb)? Closer to street Farther away 77

8. Items to discuss 88  Should sign regulations be related to specific Comprehensive Plan “character areas”?

9. Items to discuss  Electronic Changeable Copy Signs (LED signs) Location, spacing, size? When in lieu of principal monument sign(s) on a property – what rules to apply? What other types of LED signs should or should not be allowed? 99

10. Items to discuss  Billboards. Monument sign on a vacant property, max. 30 sf. Allow LED signs? Apply Georgia DOT standards as to spacing, and allow location only along State/US highways? Major thoroughfares?  10 Pertinent DOT Provisions Must be located on property zoned commercial or industrial. Applies within 660’ of highway. Minimum spacing 100’ from another sign (500’ from public park, playground, etc), UNLESS LED signs must be 5000’ apart on same side of highway. LED messages must be held for min. 10 seconds. Static – no video allowed. Local governments can be more restrictive. Pertinent DOT Provisions Must be located on property zoned commercial or industrial. Applies within 660’ of highway. Minimum spacing 100’ from another sign (500’ from public park, playground, etc), UNLESS LED signs must be 5000’ apart on same side of highway. LED messages must be held for min. 10 seconds. Static – no video allowed. Local governments can be more restrictive.

11. Items to discuss  Downtown. Relax standards to create a more exciting environment (neon?) and diversity? Streamline sign review and approval process? Eliminate separate overview and redundant bureaucracy?  11

12. Items to discuss  Flags. By definition: non-commercial speech (versus “banners”). Exempt all (as now)? Regulate? Require that the US flag be flown in accordance with the congressional standards?  12

13. Items to discuss  “Seasonal and holiday” signs. Exempt entirely or allow as temporary event signage? Restrictions? Strings of lights? Flashing? Neon? Residential versus nonresidential properties?  13

14. Items to discuss  Temporary signs: Relate to temporary events. The offering of a property for sale or rent. The construction of a development project. “Pre-permanent” signage. A “grand opening” of a new business. A special business promotion. A yard sale. A public announcement of a special event. An election, political campaign, referendum or ballot proposition.  14

15. Items to discuss  Other issues identified by the Committee.  15

16. Homework  Send me your thoughts on sign standards for principal freestanding and building signs.  Not restricted to the subjects discussed tonight.  Photos (helpful), dimensions, number, locational restrictions, etc. (required). bill@planross.com or billross.theolder@gmail.com by – When?? (Friday Jan 10 or before?)  16

17. Next Meeting  To review, discuss and debate recommendations.  When? Mid-January? (Thursday Jan 23?)  17