5. Staff Report-PCMemoSignsRevised 9 1 15
Memorandum
To: Scandia Planning
Commission
Reference: Sign Guidelines and Regulations
Copies To: Kristina Handt, City
Administrator
Brenda Eklund, City Clerk
Project No.: 15745.000
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: July 21, 2015
The Planning Commission discussed potential updates to the City’s sign ordinance and
Architectural Design Guidelines at its meetings on July 7 and August 4, in response to
comments from the Economic Development Authority that some of the City’s sign regulations
should be changed to better support community events and local businesses. The EDA
discussed the revised ordinance and guidelines at its meeting on August 10, and provided some
additional comments for Planning Commission consideration.
After those meetings, City staff received information about a recent Supreme Court decision
(Reed v. Town of Gilbert, June 18, 2015) that dramatically impacts how local governments may
regulate signs. The City Attorney has provided a memo that summarizes the impacts of the
decision on Scandia’s ordinance. The Planner also discussed the decision and its impacts with
an attorney at the League of Minnesota Cities, and he provided further comment on the decision
and offered some insights on how to address some specific issues in the ordinance and sample
language.
Staff have updated the ordinance and Design Guidelines to address the both the Commission’s
comments at the July meeting and the results of Reed v. Town of Gilbert.
The major result of the Court decision is that the City may not restrict signage based on
the topic or content of the sign. Therefore all regulation related to specific sign topics
and content have been removed, with one exception recommended by the League
attorney. Specific changes are discussed below.
Ordinance Update
The draft ordinance attached includes the whole of Chapter Two, Section 3.13, plus definitions,
so the Commission can review all of the existing requirements and proposed changes, plus new
definitions.
The draft update includes the following:
Sign Regulations Memo Page 2 September 1, 2015
Scandia Planning Commission
Definitions: Some definitions have been modified and others added. The content-related
descriptions have been removed. The “abandoned sign” definition was re-written based
on an example provided by the League attorney. Some additional sign types were
added to include all sign types mentioned in the ordinance.
Permit Required section: this section was updated to take out the references to specific
topics, such as real estate signs. The draft states that permits will not be required for
signs that are less than 10 square feet in area, which includes the small sign types that
were previously listed in this section and others in the ordinance.
General Standards section:
o Notes the zoning districts where the Scandia Architectural Design Guidelines
apply
o Indicates that animated signs are not permitted
o Changes the reference from “political signs” to “noncommercial signs.” The
attorney from the League indicated that this is the language used in the amended
State Statute 211B.045 to refer to political signs since Reed v. Town of Gilbert.
o Changes the reference to “real estate signs” to “signs on parcels that are
currently offered for sale.” The League attorney recommended this language,
and said that the ordinance may refer to a condition or zoning status of the
parcel, but not to the sign topic.
o Changes the references to signs for residential projects per the
recommendations of the League attorney.
o Includes standards for wall signs
o Takes out all references to “advertising signs” based on Reed v. Town of Gilbert.
Signs in AG C, AP, GR and VN Districts:
o Takes out all topic sign references.
o Permits signs based on size and number—draft suggests that single signs may
be up to 10 square feet in size. The number and sizes are the same as those
discussed at the PC meetings.
o Changes the “political” sign language to “noncommercial” signs
o Includes a list of sign types not permitted in these districts.
Signs in the VMU A, VMU B, R COMM and IP Districts:
o Includes reference to noncommercial (a.k.a. political) signs
o Allows the same area of permanent signage as the current ordinance
o Permits a temporary sign in addition to permanent signs
o Takes out all references to sign topic
Off-Premises Signs
o Adds a section on off-premises signs based on the discussion at the August
meeting
The changes simplify the ordinance, which was a goal identified by the EDA.
Scandia Architectural Design Guidelines Update
A proposed update to the signs section of the Scandia Architectural Design Guidelines is
attached, and includes the following based on the Commission and EDA discussions at the
August meetings:
Takes out the section on color per the EDA recommendation
Revised the section on Backlit signs to be consistent with the change to the ordinance
suggested by the EDA
Sign Regulations Memo Page 3 September 1, 2015
Scandia Planning Commission
Deleted items related to Temporary Signs that required them to conform to the Design
Guidelines and to the color and font types required by the Design Guidelines
Deleted the Portable signs bullet from the list of Inappropriate Signs per the request of
the EDA
Takes out references to sign topic
The City’s Attorney will attend the meeting to help with the discussion related to Reed v. Town
of Gilbert and its impacts on the ordinance. When we have a consensus on a draft ordinance, it
can be scheduled for a public hearing.