Agenda - Planning Commission - 03/03/2016

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treme approach of even appearing to prohibit all temporary signs, which they would have to do in the case ofa business owner using their full sign allocation for permanent signs. A more reasonable solution is to establish a certain sign area allowance for permanent signs and a separate allowance for temporary signs. The community can then specify what types and numbers of signs are allowed, based on struc- ture type and not content, along with any spe- cific regulations for the individual sign types. As far as an allowance for temporary signs goes, this is going to vary based on the individ- ual vision and goals of the community. Some communities may want to be very permissive in the amount of signs but hold strict to the types of signs allowed, while others might restrict the amount of sign area permitted but allow for the signs to be posted for longer periods of time. One approach to consider is allowing a limited amount of temporary commercial signage that could be allowed year round but strictly control the permissible types of signs (e.g., banners and yard signs). This allowance will accommo- date signs used for real estate, garage sales, and other commercial activities that may be necessary for longer stretches of time or that are often exempted because of their preva- lence. Keep in mind, the allowances and types of signs may vary based on the zoning district or neighborhood. This provision could then be supplemented by allowing for some additional temporary signage for a specified number of days and a set number of occurrences per year. This supplemental signage might provide for other types of temporary signage (e.g., balloon signs, portable signs, additional yard signs, etc.), but the time limits will keep them from becoming permanent signs. In all instances, the community should provide basic require- ments for each type of sign, including set- backs, maximum heights, maximum numbers, and separation distances. Consider Allowing Off -Premise Temporary Signs Many localities prohibit all off -premise signs. These prohibitions are typically related to a desire to prohibit or at least limit billboard signs. The problem with such prohibitions is that temporary signs often contain off -premise content, such as the advertisement of com- munity events or even certain directional signs. It should be clear at this point that regulating a sign by its content (e.g., real estate signs, directional signs, etc.) is problematic because of Reed, but, as noted in the discussion above, there is still aquestion of whether the ruling also prevents communities from making the distinction between on -premise and off - premise signs. Consequently, communities are starting to consider whether it is worth the risk to make such a distinction. In order to be as content neutral as possible, some localities are focus- ing more on the type and size of sign to control While itis necessary to avoid regulating the content of a to control temporary signs by the type of structure, such message center. sign, it is still possible as this portable where and how a billboard -style sign might be allowed. Ultimately, a community should con- sider how people are using temporary signs and determine whether it is appropriate or not to make an on -versus off -premise distinction, especially related to temporary signs. As with any regulation, there is a balancing act of the risk of being challenged versus the benefit of the requirement. Leave Room for Interpretation If someone proposes a new type of sign that your regulations may not clearly address, incorporate some language that allows staff to determine if the new sign type is similar in nature to a sign you do regulate, and treat the new sign in the same manner. An example of this is treating a temporary adhesive wall sign in the same manner as a banner that can be at- tached to a facade. If that doesn't address the sign, the community might have to consider a text amendment to incorporate the new sign type specifically. ADMINISTRATIVE BEST PRACTICES The administration of sign regulations is quite often the bane ofa planner's existence. A lot of the frustration is often focused on tempo- rary signs and whether to require a permit, establish deadlines, and then enforce those deadlines and any sign -specific regulations. As mentioned earlier, administration and enforce- ment continues to be a major issue for the vast majority of communities surveyed as part of the research into these best practices. To com- bat these issues, communities are beginning to take a multipronged approach that focuses on the use of technology, ease of enforcement, and public outreach. Take Advantage of Technology Communities can use readily available soft- ware to help aid permitting and enforcement of temporary sign regulations, especially deadlines for sign removal. For smaller com- munities, this might mean using online or free calendar applications that will alert staff to when they need to inspect to determine ifa sign has been removed. For larger communi- ties, there are numerous permitting software packages that accommodate online permitting applications that require little to no adminis- trative time. These same packages can also alert staff to specific issues, such as deadlines or application requests that exceed signage allowances for a particular site. ZONINGPRACTICE 2.16 AMERICAN PLANNING ASSOCIATION 1 page 6