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2.1 Exempt all non-commercial flags from the definition of signs, consequently allowing any flag, with any "non-commercial" message, to be displayed on any property within the City. 2.2 Allow, in addition to other signage, the display of flags. American flags, or other flags that do not communicate a commercial message, could be flown without restrictions as to number, size, etc. However, if a flag contains any commercial message that meets the definition of a business sign advertising a product or service sold on the site, the commercial signage on the flag would be counted as a portion of the permitted on-site commercial signage and be limited to the amount of signage allowed on a site. 3.0 BACKGROUND on PROPOSE ADMINISTRATIVE AMENDMENTS 3.1 The City Code provides clear direction with regard to the application process, review procedures and appeal procedures, when variance, conditional use permit, and subdivision approvals are involved. But the City Code is not sufficiently clear when other types of permits or staff administrative determinations are involved. Most notably is the city's recent experience with sign permitting and code interpretations, which were also discussed in Judge Rosenbaum's decision. Staff is proposing amendments to address these concerns, eliminating language that could be interpreted as granting staff too much discretion, and adding procedures clarifying appeal rights of permit applicants and other interested persons. 4.0 STAFF RECOMMENDATION The Zoning Committee reviewed the various options on March 1, 2000 and AprilS, 2000, and after lengthy discussion selected the recommended amendments, and voted unanimously on April 12, 2000 to recommend Council adoption of the proposed amendments to the City Code. The Planning Commission, at the April 1 ih meeting, recommended approval of the amendments to the Code as presented. The City Council, at the April 24th meeting, held the first hearing on the Ordinance setting May sth for the second reading of the Ordinance. The City Attorney has provided an updated ordinance (attached), which describes the new definitions, the new flag and sign regulations, and the new administrative amendments. Planning File #3190 (Sign Ordinance - Flag) RCA 05/08/00 2