In October 2014, the Flagstaff City Council adopted updated sign standards that made it easier for local businesses to use temporary signs to promote special sales or seasonal events. After a long process with lots of public input, city staff and the Council thought we were done and had found the right balance between promoting local businesses and preserving Flagstaff’s unique local character.
But that was not to be because the U.S. Supreme Court, in a landmark decision rendered in June 2015, fundamentally changed the way cities and towns should approach sign regulation. Here is a short summary of this case.
Pastor Reed is the pastor of a small church, the Good News Community Church, whose Sunday services are held at various temporary locations within the Town of Gilbert, Arizona. As they do not have a fixed location, on Saturday mornings, Reed posted signs bearing the name of the church and the time (typically, 9:00 a.m.) and location of the next day’s service. The signs were removed shortly after the church service.
The Town of Gilbert’s sign code prohibited the display of outdoor signs without a permit, except that 23 categories of signs were exempted. These included ideological signs, political signs and temporary directional signs to direct the public to a “qualifying event,” such as a church service. In addition, each of these sign types had unique area limitations and time and placement restrictions, which meant that each sign type was regulated differently.
The church was cited by the Town of Gilbert for placing temporary directional signs in violation of the town’s sign code standards. Specifically, the church was cited for exceeding the time limits for displaying its temporary directional signs and for failing to include an event date on the signs. Unable to reach an accommodation with the town, the church filed suit, claiming that the sign code violated their freedom of speech. After losing his case in front of the Arizona District Court, and the Ninth Circuit Court of Appeals, Pastor Reed sought review by the U.S. Supreme Court, which ruled in favor of Reed.
So, what does this mean for the City of Flagstaff? The most important point is that all temporary signs (in the future, to be called “portable signs”) must be treated in the same way, regardless of the message on the sign. In other words, the code must be content neutral so that, for example, political, ideological, directional or commercial advertising signs are all regulated in the same manner.
Some key points from the Council’s Dec. 8, 2015 work session in which some preliminary direction was provided to staff include:
- No portable signs will be permitted in public right-of-way (both city and ADOT).
- No permit will be required for portable signs, except for temporary wall banner signs.
- All portable signs may be displayed for an unlimited period of time and will not be required to be removed at the close of business. An exception is that wall banner signs may only be displayed for 30 days.
- An area limitation will be established to determine the maximum area of portable signs permitted in residential zones (16 sq. ft.) and non-residential zones (24 sq. ft.), which excludes the area of temporary window signs and wall banners (max. 24 sq. ft.).
- A Flagstaff Sign Free Zone as authorized under ARS § 16.1019 will be included in the Code within which no political signs may be placed.
The Flagstaff Planning and Zoning Commission is scheduled to hold a work session on the proposed amendments to the Sign Standards (Division 10-50.100 of the Zoning Code) on Feb. 10 and a public hearing on Feb. 24. Thereafter the City Council will hold a public hearing on the amendments in late March. FBN
By Roger E. Eastman, AICP
Roger E. Eastman, AICP, is the comprehensive planning and code administrator in the City of Flagstaff’s Planning and Development Services Section. He can be reached at 928-213-2640, or at reastman@FlagstaffAz.gov for questions on the proposed revisions to the Sign Code. A draft of the proposed Sign Code amendments is posted to the Zoning Code webpage – www.flagstaff.az.gov/zoningcode. Click on the “Amendments” tab on the left side of the page.