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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.