The second proposed amendment is for Section 1201.06(B), which requires that in the case of a multi-faced sign, all sides must be counted when calculating a sign’s surface area. This has proved to be a challenging and overly restrictive rule when dealing with temporary lawn signs, such as commonly used political signs. At the suggestion of City Council, staff has proposed language that would allow temporary lawn signs to be treated as single-sided for purposes of calculating sign surface area.
Mayor Duncan asked about the size of a typical American Flag. He also commented on the bed sheets displayed at times by University of Dayton students along Irving Avenue.
Mr. Jacques said that the usual size of an American flag at a home is 3’x5’ or 4’x6’. The majority of bed sheets displayed on houses along Irving Avenue will be too large and therefore prohibited.
Mr. Stephens asked if there is a time limit on how long a temporary sign can be displayed.
Mr. Jacques said no and explained that the First Amendment protects signs as speech, and as a result courts closely review attempts to regulate signs. Time limits such as “not more than 30 days prior to an election” are seen as prohibiting free speech during the other 11 months of the year.
Mr. Stephens asked what the size limits are for temporary signs.
Mr. Jacques shared that signs must be smaller than 6 square feet in area, and shorter than 4 feet in height. The combined total surface area of temporary signs cannot exceed 12 square feet in area.
Mayor Duncan noted that signs cannot be placed in the public right-of-way or city boulevards.
Mr. Jacques agreed, stating that the signs must be placed on the owner's property.
Mayor Duncan opened the public hearing.
David Suich, 291 W. Thruston Boulevard, commented on the number of political yard signs a few years ago. He shared that one of his signs was removed and expressed concerns about possible selective enforcement in Oakwood. He inquired about regulations on a prominent flagpole in his front yard.
Mr. Jacques said that he believes larger flags may be grandfathered.
Mr. Suich commented on how his flagpole line was cut and had to be replaced. He closed his comments by asking that the regulations be enforced equally throughout the city.
Mr. Jacques administered an oath to Mrs. Holm.
Mrs. Holm asked why the change is to only governmental flags.
Mr. Jacques explained that the word “governmental” is being eliminated to make the regulation content-neutral. He shared that there are separate regulations for banner-type signage.
Mr. Stephens asked for the size limits on flags.
Mr. Jacques answered that flags can only total 60 square feet. He noted that these dimensions are already in the design area of the Zoning Code.
Mr. Stephens shared concerns about how smaller flags will look on large flagpoles. He asked how this is handled with the schools or other facilities in Oakwood with large flagpoles.
Mr. Jacques noted that more than likely the existing flagpoles were already established so they are grandfathered. He suggested that Council could consider building in a process for special use permits for people who want a larger flag. The ordinance can be updated and brought back to the June 3 council meeting.
Mrs. Pohlman asked how yard signs are handled.
Mr. Jacques explained that all temporary signs are treated equally regardless of content, but advertisement signs are prohibited. The city has more latitude to regulate commercial signage, compared to political, religious, or other kinds of core speech.
Mrs. Pohlman asked about flag advertisements.