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Commission backs content-neutral sign code changes to conform with Supreme Court precedent

Town of Hilton Head Island Planning Commission · May 21, 2025
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Summary

To align local rules with Reed v. Town of Gilbert, the commission unanimously recommended sign-code edits including content-neutral rules, new temporary yard‑sign windows (9 sq ft exempt for 90 days around elections), flag-size limits, and revised interior and driveway-sign rules.

The Planning Commission unanimously recommended to Town Council a priority amendment to the sign regulations intended to make the code content-neutral and consistent with U.S. Supreme Court precedent. Missy Louick, director of planning, said the amendment removes content-based regulation of sign messages and instead focuses on dimensional, placement, and material standards.

Key specifics in the staff summary: temporary yard signs up to 9 square feet would be exempt from permitting during the election/referral window (90 days before and seven days after the event), with relaxed material requirements; if total sign size exceeds 9 square feet during that window, permits would be required and total area would be capped at 32 square feet. Flags displayed on town-owned property would be limited to the U.S. flag, the South Carolina flag or a town flag; other flags are limited by placement and size (24 square feet) and may not be placed in easements or public rights-of-way. Interior site signs (e.g., menu boards, parking signs) would be grouped and exempted from permitting but subject to standards; driveway access signs would have a maximum of 4 square feet and a height limit of 3 feet.

Commissioner Lobel disclosed he owns a sign company and asked whether the content-neutral rule covers logos and colors; staff said content neutrality covers text and graphics but that color regulation to preserve island character remains possible. Commissioner Hans moved to recommend approval; Commissioner Lawoff seconded. The commission voted unanimously to forward the amendment to Town Council.