5.a) Staff Report - Signs 11.4.15
Memorandum
To: Scandia Planning
Commission
Reference: Sign Ordinance—Public Hearing
Copies To: Kristina Handt, City
Administrator
Brenda Eklund, City Clerk
Project No.: 15745.000
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: October 26, 2015
The Planning Commission held a public hearing on October 6 on the proposed amendments to
the Sign Ordinance and the sign sections of Scandia’s Architectural Design Guidelines. This
memo includes a summary of the public hearing comments, further discussion about the sign
lighting issues, and the information the Commission requested for the October meeting that was
tabled to be discussed in November (copied from the staff memo for the October meeting).
The Commission received the following comments on the proposed amendments at the
meeting:
Sue Rodsjo suggested that portable signs not be permitted as temporary signs. She
noted that banners could be used and that banners are a better fit with the Design
Guidelines.
Ms. Rodsjo recommended that backlit signs and animated signs not be permitted in any
zoning district.
Ryan Jinks, representing the Parks and Recreation Committee, requested that
temporary signs be permitted for up to 34 days to better promote local events such as
Vinterfest.
The Commission should discuss the comments as it reviews the proposed amendments at the
November meeting, and determine if it will propose any changes to the amendment.
Lighting Standards in the Development Code
There have been several discussions about sign lighting during development of the sign
ordinance amendments. The Commission Chair recommended that the Lighting section of the
Development Code be provided to Commission members suggesting that the Lighting
standards should apply to signs as well as other outdoor lighting.
It is not clear that the Lighting section of the Zoning Regulations (Chapter 2, Section 3.9) applies
to sign lighting as it is currently written:
Sign Regulations Memo Page 2 November 4, 2015
Scandia Planning Commission
Section 4, Item B includes performance standards for the AG C, AP, GR, and VN
districts. The section text states that it specifically applies to lighting used for off-street
parking areas, structures, and other area lighting.
o It includes standards that require that lighting be controlled so that it is below a
prescribed level at the boundary with adjacent properties and at the centerline of
roadways.
o It prohibits bare light bulbs.
Section 4, Item C includes standards for the VMU A, VMU B, IP and R COMM Districts
for lighting for parking areas, structures, and other area lighting .
o The section requires that lighting in these locations have a shield or other cutoff
that directs light at a 90 degree angle or less.
o The section prescribes the lighting level at the property boundary and centerline
of public streets.
o The section includes height limits for lights mounted on poles and setbacks.
o It includes a requirement that outdoor lighting at businesses must be turned off 1
hour after closing, except security lighting.
In many communities, the lighting requirements for signs are included in the Sign Ordinance,
and the Lighting section applies only to other lighting, such as lighting for parking lots and
buildings.
If the Planning Commission wants the lighting standards in Chapter 2, Section 3.9 to apply to
Signs, it should probably amend this section of the ordinance to add Sign lighting as one of the
types of lighting that is addressed in Section 4 Item B and/or C. The Commission should also
consider the following:
As currently written, Item B would probably permit many backlit signs in the AG C, AP,
GR, and VN Districts, unless the light from those signs exceeded the level prescribed at
the property boundaries or centerline of public streets.
If signs are included in Section 4, Item C, the current standards would require that all
business signs be turned off one hour after the business closes.
The Prohibitions section (Item 5) should be updated to included prohibited sign types
such as animated signs, backlit signs, etc.
Ordinance Update for the Public Hearing
The changes that the Planner made to the proposed ordinance amendment based on the
discussion at the Planning Commission meeting on September 1 included the following:
Minor revisions to definition of Abandoned Sign to eliminate references to a specific use.
Added a definition for Backlit (Illuminated) Signs. Most ordinances refer to these signs
as “Illuminated Signs.”
Revised the definition of Off-Premises Sign to take out references to specific sign
content.
Added a definition for Sandwich-Board Sign.
Moved the sections on permitted sign types to Item (2) from Item (4).
Removed the language: “Backlit signs are permitted on commercial parcels that abut
State Highway 97 in the VMU A and VMU B Districts and on all parcels in the R COMM
District, except that backlit signs are not permitted on parcels located within the Saint
Croix River District.”
Changed Item 4 (K) 3 to include 50% of the view of a lake, etc.
Sign Regulations Memo Page 3 November 4, 2015
Scandia Planning Commission
Added Pennants to the list of signs not permitted in the AG C, AP, GR and VN Districts
Revised item (6)(C) to include a reference to Sandwich-Board signs and to permit
temporary signs for up to 34 consecutive days
Revised Item (8) to specify that the signs may be located in the VMU A and VMU B
Districts
Discussion with Attorney from the League of Minnesota Cities
At the September meeting the Planning Commission requested that the Planner discuss two
issues with the Attorney from the League of Minnesota Cities that has been working with other
communities on updating sign ordinances. Jed Burkett noted that he is not providing legal
advice, but provided the following comments on those issues:
Does the Supreme Court decision permit Temporary Signs and references to dates on signs?
Jed stated that the Supreme Court ruling permits signs to include information about “time, place,
and manner”. His understanding is that temporary signs may be permitted in ordinances, and
that sign content may reference dates or time periods. However, the City could not regulate the
content of temporary signs to allow them only for community events, advertising, providing
directions, or other similar content.
Can the ordinance regulate who is allowed to be identified on off-premises signs?
Jed stated that his understanding of the Supreme Court ruling is that the City may regulate the
location, size, or other physical characteristics of off-premises signs (and other signs), but it
cannot limit the content of the sign to include only businesses, only local businesses, a specific
number of businesses or any other similar content limitation. If the City includes off-site signs
as permitted signs in its ordinance, non-businesses entities could have such signs, businesses
or other entities from outside Scandia could be identified on the signs, etc.
Scandia Architectural Design Guidelines Update
The Planner updated the Scandia Architectural Design Guidelines to be consistent with the
proposed ordinance amendment that was presented at the hearing.