Public Hearing: Mayor Duncan introduced the public hearing for Application 24-1. He explained the public hearing process and shared that Mr. Jacques will present a staff report on the clarifications to the proposed ordinance, which add a provision to allow for special approval of larger flags. He further explained that this is a quasi-judicial hearing, so Mr. Jacques will be administering an oath to those in the audience wishing to testify.

Mr. Jacques administered an oath to Mr. Suich.

Mr. Jacques shared that his report will focus on the flag exemption since that is the only update from his report last month. Government flags are currently not regulated in the Oakwood Zoning Code. As currently written, the exemption could be interpreted as a content-based regulation with potential constitutional ramifications. The proposed amendment avoids classifying the exempt flags as “governmental” flags because that is a content-based restriction. The code amendment is content neutral. It only addresses time, place, manner, size and the physical characteristics of the flag, without getting into the content of the flag.

The amendment presented in May allowed up to two flags totaling 60 square feet of signage without being subject to regulation. If not mounted on a flagpole, no one flag could exceed 30 square feet, nor more than 6 feet on its longest dimension. The updated amendment still retains those dimensions, but a provision was added to allow a flag larger than 60 square feet, on a flagpole, with special use approval from the Oakwood Planning Commission. The special use request would be subject to the special use decision standards, which generally ensure neighborhood compatibility. The Planning Commission would deliberate on how the larger flag will fit in the proposed neighborhood and determine if the request would qualify for special use approval.

Mayor Duncan opened the public hearing.

David Suich, 291 W. Thruston Boulevard, said that he is grateful that City Council is considering the allowance of larger flags through an approved special use permit. He understands the need for the amendment in terms of being neutral with content and freedom of speech, but he is puzzled as to why the American flag should be regulated at all. There is a lot of understandable pride in the United States of America and the American flag. He shared that he has a prominent flagpole in his front yard that is approximately 35 feet tall. He asked Council to give special consideration to exemptions for American flags.

Mayor Duncan closed the public hearing.

Mr. Stephens understands that an exemption cannot be made specifically for the American flag. He then asked if the Planning Commission would consider content when evaluating and rendering a decision on a special use request.

Mr. Jacques explained that the Planning Commission would only consider measurements, not content. He added that he is patriotic as well, but if an exemption is made for the American flag an exemption would also need to be given to other flags, such as those that have political significance. Either they all are permitted or they all are prohibited. There is no constitutional basis to regulate based on content.

Thereupon, it was moved by Vice Mayor Byington and seconded by Mrs. Turben that the text amendment to the Zoning Code that would update the sign regulations to clarify the regulatory exemption for certain flags and specify a method for calculating sign face area of temporary signs installed as lawn signs be approved.

Upon call of the roll on the question of the motion, the following vote was recorded:

There being five (5) yea votes and no (0) nay votes thereon, said ordinance will be edited and presented to Council.