Summary In June 2015, the Supreme Court of the Unites States (the “Court”) addressed the First Amendment protections afforded to private speech in signage and elaborated upon the meaning of “content-neutral” as it relates to signage regulations. In Reed v. Town of Gilbert, the Court found that Gilbert, Arizona’s sign code regulated speech based upon its content. The Court found that Gilbert’s sign code singled out different types of signs for special treatment, specifying different requirements for their size and the locations and times at which the signs could be displayed based upon the content of the signage.
As a result of the opinions rendered by the Court of the Gilbert case, the City engaged Eric Damien Kelly, J.D., Ph.D., FAICP, to review the City’s sign regulations and to recommend any necessary revisions. Dr. Kelly is a lawyer and city planner with forty years of experience in the field, and has provided technical assistance to the City in previous sign code updates. He is a Professor of Urban Planning at Ball State University, and also maintains a consulting practice. Much of his consulting work in the last twenty years has focused on the First Amendment and land-use law – dealing specifically with regulation of signs and sexually oriented businesses. He holds a B.A. in Political Economy, Master of City Planning and Juris Doctor, and a Ph.D. in Public Policy. He is a member and past national president of the American Planning Association, and a member of the College of Fellows of the American Institute of City Planners and the American Bar Association.
Upon his review of the City’s sign regulations, Dr. Kelly prepared a summary report of recommended updates. This report is included within the materials provided as Exhibit “A” to the Staff Report attached hereto. Subsequent to the preparation of the summary report, City Staff coordinated with Dr. Kelly to draft the proposed revisions to the current sign regulations. These revisions are incorporated into the proposed amendment, and are further detailed within the attached Staff Report.
In addition to addressing the opinions rendered by the Court in the Gilbert case, the proposed revisions would also address various sections of the City’s signage regulations which warrant clarification or may not be fully contemplated by the existing regulations.
The proposed text amendments in their entirety are incorporated as part of draft Ordinance 18-01 (included within the materials provided as Exhibit “A” to the Staff Report attached hereto). All proposed amendments, additions, and revisions are further summarized within the attached Staff Report.
On September 12, 2017, the Planning & Zoning Board (PZB) held a public hearing on the proposed text amendments to the City's LDRs. Following the close of the public hearing, the PZB voted 4-0 to transmit the proposed Text Amendments to the City’s LDRs to the City Commission with a recommendation to approve. Draft minutes of the September 12, 2017 PZB Meeting are included within the materials attached to this item.
On October 9, 2017, the City Commission held the first reading and a public hearing of Ordinance 18-01. At the close of the public hearing, the City Commission voted 5-0 to find the proposed text amendments to the City's LDRs consistent with the Comprehensive Plan and in compliance with the City's LDRs, and approved the Ordinance 18-01 on first reading.
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