Post on 25-Feb-2016
description
Sign RegulationsIssues and StandardsDecember 16, 2013
City of Duluth Unified Development Code
Agenda
Some Basics Approach Issue Items Homework Next Meeting
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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.
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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.
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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.
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Items to discuss
Should max sign size be related to adjacent road classification?
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Items to discuss
Should maximum sign size be related to distance from travel lane (e.g., back of curb)?
Closer to street Farther away
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Items to discuss
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Should sign regulations be related to specific Comprehensive Plan “character areas”?
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?
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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?
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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.
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?
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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?
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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?
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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.
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Items to discuss
Other issues identified by the Committee.
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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.comor billross.theolder@gmail.com
by – When?? (Friday Jan 10 or before?)
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Next Meeting
To review, discuss and debate recommendations.
When? Mid-January? (Thursday Jan 23?)
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