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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, August 20, 2018 <br />6:30 o'clock p.m. <br />Barnhart indicated there is a height limitation and a setback requirement. <br />Thiesse asked if the City has the right to remove any noncompliant signs. <br />Barnhart stated the City does have that right, and if the sign is a hazard, it will be removed immediately. <br />People will also have the ability to get their sign back. <br />Ressler noted at the last meeting there was a comment about advertising signs. Ressler asked whether <br />there is a way to regulate that if the business is not located there. <br />Barnhart stated the City cannot remove it because of what it says, and if the sign meets the size <br />requirements, it would be allowed to stay. <br />Ressler asked if that would be considered a temporary sign. <br />Barnhart stated as long as it meets the size requirements, it can remain. Historically the City has <br />regulated signs based on content, which is no longer allowed. Advertising a business that is not on that <br />property would be allowed to stay since the new sign ordinance does not regulate based on content. <br />Thiesse asked whether the City can prohibit it if it is a sign advertising a business and the person whose <br />property it is on is getting paid to have the sign there. <br />Barnhart stated it would be allowed. <br />Ressler asked if the language can be changed to address those things. <br />Barnhart stated they cannot since they would then be regulating based on content. <br />Thiesse stated in his view that would be regulating based on commercial use. If someone is advertising a <br />business, that is not necessarily content, and the City should be able to outlaw advertising a business in <br />certain areas. Thiesse stated that is not regulating content but regulating what they are doing. <br />Barnhart stated it would still be regulating based on content. Barnhart stated it is a huge departure from <br />what the City has done in the past but that the City Attorney has advised that they cannot regulate based <br />on content, and when you boil it down, it would be a disagreement with the sign based on what it says. <br />Thiesse stated he disagrees with that since the sign is being used for something other than free speech and <br />being used to advertise a business. <br />Erickson moved, Lemke seconded, to recommend approval of Application No. 18-000059, City of <br />Orono, Text Amendment — Signs. VOTE: Ayes 3, Nays 1, Ressler Opposed. <br />Ressler commented he wished they could find a way to prohibit certain signs without violating the <br />intentions of free speech. <br />Page 2 of 2 <br />