Realtor Teresa Lightbody jokingly apologized to Helena City Commissioner Marc Parriman for putting an illegal "For Sale" sign in his yard.

Lightbody, along with many other local real estate agents and brokers, are finding out that the ubiquitous signs don't fit into the city's refashioned sign ordinance.

The signs are too big by city standards because real estate agents attach small "riders" to the top and bottom of the sign, which often list phone numbers or other details.

Although City Attorney David Nielsen said First Amendment protections must be respected, commissioners indicated they want to find a way to accommodate the oversized real estate signs.

City officials, acting on a citizen complaint, dispatched Chief Building Official Brandt Salo with a tape measure, and he found that these riders push real estate signs over the allowable size. Under city rules, commercial signs of 4 square feet are allowed; with riders, the real estate signs push the 6-square-foot mark.

But real estate agents say they've been using the same signs for years, maybe as long as 1976. They're the best way of attracting business and are made outside of the state, they say.

"They (the signs) are a very non-confrontational way of gathering more information to the consumer," said broker Rick Ahmann. "They do serve a great purpose."

Ahmann said the signs aren't clutter. While during election season a yard might be covered with political signs -- OK by city standards -- real estate agents use only one.

Commissioners are expected to address the sign ordinance later this month.

City Attorney Nielsen said changes will have to be made in order to meet free-speech criteria.

Courts have held that non-commerical speech is more protected than commercial, Nielsen said, so the city can't have two standards.

In September, the commission approved unlimited non-commercial signs of 5 square feet in size or less and two signs less than 16 square feet. No longer in effect are rules limiting the number of days a campaign sign can be up, although there are suggested deadlines on when to take them down.

Those changes were spurred, in part, by a legal challenge from former legislative candidate Mary Jo Fox.

In December, the Helena Zoning Commission voted to allow real estate signs of up to 5 square feet, thus giving them equal footing with non-commercial signs.

Reporter Jason Mohr can be reached at 447-4075 or jason.mohr@helenair.com.