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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.