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HomeMy WebLinkAbout9.b. Sign Ordinance Amendment A Memo Summarizing the Draft Sign Ordinance Amendment and Recomminding Approval by the City CouncilAGENDA ITEM: 08- 01 -TA: Sign Ordinance Amendment A Memo Summarizing the Draft Sign Amendment and Recommending Approval by the City Council AGENDA SECTION: N Q V) 6/(111/Sc PREPARED BY: Jason Lindahl, AICP Planner AGENDA NO. 01, CJ ATTACHMENTS: Ordinance Changes Summary, Draft Sign Ordinance Amendment, Summary Resolution, Comments from the Rosemount Area Business Council, Comments from Donald Sinnwell of Anderson Insurance, Sign Committee Minutes from 5/12/08, 6/4/08, 7/8/08, 9/8/08, 10/28/08, 12/9/08, 1/13/09, 4/14/09, City Council Minutes from 1/9/08, 2/11/09, Update Meeting Schedule APPROVED BY: on 1 RECOMMENDED ACTION: 1. Motion to approve an Ordinance amending the City of Rosemount Zoning Ordinance B Chapter 8 relating to signs. 2. Motion to adopt a Resolution authorizing publication of Ordinance No. B -200 amending Ordinance B, the Zoning Ordinance, Chapter 8 relating to signs. 4 ROSEMOUNT CITY COUNCIL City Council Meeting: June 2, 2009 EXECUTIVE SUMMARY SUMMARY Staff recommends approval of the attached ordinance amending Section 11 -8 of the City Code related to signs. In summary, this amendment will make the following seven (7) changes to the City's existing sign regulations: 1. Mover from prohibiting all temporary off premise signs to allowing some with reasonable limits on their duration, location and size. 2. Embrace changing technology by allowing additional electronic signs with reasonable standards for location, text size, operational mode, sign area, display time, brightness, color. 3. Adjust individual zoning district standards to more closely align with market conditions and establish consistency between different land uses. 4. Allow projecting signs in the Downtown district, subject to conditions. 5. Allow shared signs in the Highway Commercial and General Commercial districts. 6. Ensure free speech through opinion signs. 7. Promote architectural compatibility between signs and the associated buildings. Staff initiated the attached sign ordinance text amendment in response to sign issues raised at the Planning Commission and City Council over the last several years. These issues ranged from permitting more off premise sign opportunities to the ability to install dynamic (electronic) signs. Rather than address these issues on a piecemeal basis, in 2007 staff outlined a two phase process to conduct a comprehensive review of the sign ordinance. The first phase concluded in November 2007 when the City Council approved an ordinance that revised the sign standards related to permitting procedure, First Amendment free speech, and on- premise temporary signs. As part of this first step, staff also restructured portions of the sign ordinance so it would be clearer and easier to find specific regulations. The second phase in the sign ordinance update process began in January of 2008 and would conclude tonight with action by the City Council. The second phase included four (4) elements which are summarized in the Sign Committee Action section below. In addition, staff has attached a detailed summary of all proposed changes to the sign ordinance as well as a table detailing the meeting schedule for the second phase of the sign ordinance update. PREVIOUS CITY COUNCIL ACTION To date, the City Council discussed the sign ordinance text amendment on two occasions. Minutes from those meetings are attached for your reference. The first occurred on January 9, 2008 when the Council appointed the members of the Sign Committee and outlined a work plan for the group. The second took place on February 11, 2009 when the Council reviewed the draft ordinance and authorized its distribution for public comment. During this meeting, staff summarized the draft ordinance and the changes recommended by the City Attorney regarding temporary off premise signs and opinion signs. The Council supported the draft ordinance with the recommendations from the City Attorney and directed staff to incorporate them into the draft ordinance prior to distributing it for public comment. PLANNING COMMISSION ACTION The Planning Commission reviewed the draft ordinance on May 12, 2009. Excerpt minutes from that meeting are attached for your reference. That review began with a summary presentation from Planner Jason Lindahl. Mr. Lindahl's presentation covered several issues, including: why sign regulations are important, why the City should consider changes to the existing regulations, the process used to develop the draft ordinance, a detailed review of the seven (7) recommended changes, and an outline of the next steps in the review process including a recommendation for approval. Following staff's presentation, the Commission conducted a public hearing that saw no one come forward to offer comment. The Commissioners then asked questions of staff regarding businesses that use people as signs. Attorney Mary Tietjen, explained that there isn't a clear legal procedure to regulate this type of advertising because there are questions in the law as to whether or not it can be considered a sign. Finally, Commissioner Schwartz wanted to note that while the Sign Committee ultimately recommended a five (5) minute minimum display time for electronic signs, some members of the committee felt that the less these types of signs change the less potential they had to be distracting. SIGN COMMITTEE ACTION There were four elements to the second phase of the sign ordinance update process: introduction, assessment, engagement, and approval. The introduction element included the City Council appointing a Sign Committee to review the ordinance and recommend necessary changes. The Sign Committee was comprised of two council members (Kim Shoe Corrigan and Mark DeBettignies) and three planning 2 commission inembers (Jay Palda, Jeanne Schwartz and Dianne Howell). Planning Commissioner Val Schultz also participated extensively. The assessment element began in May of 2008 and concluded in April of 2009 with the Sign Committee approving the draft sign ordinance amendment. During the assessment element, the Sign Committee met eight times to look at various aspects of the sign ordinance. Minutes from these meetings are attached for your reference. Ultimately, the draft includes the seven (7) changes outlined above; however, the two more substantive changes deal with temporary off premise advertising and electronic signs. The engagement element spanned from March of 2009 to the Planning Commission public hearing on May 12, 2009. The goals of the public engagement were to inform the community of the proposed changes to the sign ordinance, receive feedback from the community regarding these changes and develop community support for the new standards. This element included a meeting with Rosemount Area Business Council (RABC), an open house on March 24, 2009 as well as articles in the local newspapers and information on the City's web site. This process generated comments from the RABC and the Builders' Association of the Twin Cities (see below). ISSUE ANALYSIS Over the public engagement period, staff sought feedback from the public on the proposed sign ordinance changes. Written comments received during this process are attached for your reference. This process generated comments from the Rosemount Area Business Council (RABC) and the Builders' Association of the Twin Cities. Comments from the RABC focused on the minimum display time for electronic signs, changes to ground signs, and potential non conformity issues. Comments from the Builders' Association were supportive of the proposed changes to temporary off premise signs. A more detailed account of these comments is provided below. Minimum Display Time for Electronic Signs. Originally, the draft sign ordinance proposed a 20 minute minimum display time for electronic messages before the sign may change to a different message. This recommendation was based upon previous litigation in other communities and recommendations from the Municipal League of Cities. Time and temperature messages may change every 3 seconds. A portion of the RABC members felt the 20 minute minimum display time was too long to have any impact and recommended it should be shortened to 1 or 2 minutes. This standard was developed to minimize distraction by electronic signs. As noted above, Sign Committee ultimately recommended a five (5) minute minimum display time for electronic signs. However, some members felt that the less these types of signs change the less potential they have to be distracting. The current ordinance draft reflects the five minute display time as recommended by the Sign Committee and Planning Commission. Changes to Ground Signs. Originally, the draft sign ordinance recommends eliminating pylon signs and requiring all ground signs to meet the current Business Park standard that these signs have a masonry base that extends the entire width of the sign fully to the ground. In addition, the C -2 district changes recommend reducing the maximum sign size from 80 square feet to 40 square feet and reducing the maximum height from 20 feet to 10 feet. The RABC felt these proposed standards would make signs too small, less visible, more expensive and create safety hazards by reducing visibility at the access point to a property. Staff research of market forces and other communities found monument signs to be the new standards for commercial and industrial freestanding signs. As a result, staff recommended and the Sign Committee approved eliminating pylon signs and requiring monument signs in all commercial and industrial zoning 3 districts throughout the city. Staff concedes the full masonry base requirement could create sight line challenges. Therefore, staff recommended and the Sign Committee approved the following change to the standards for freestanding signs. It is important to note the RABC supports this revised recommendation. All permanent freestanding signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, the bast shall extend from the sign copy area fully to the ground cxccpt for architectural relief trzatmcnts. base width dimension shall be larger than fifty percent (50 of the greatest width of the sign. Non Conforming Signs. During the meeting with the RABC, some members had questions and expressed concerns about how the new sign standards could impact their existing signs. Staff explained that a sign is considered non conforming if it does not meet the sign standards in place at the present time. According to state law and the Rosemount City Code, a non conforming sign may be continued through repair, replacement, restoration, maintenance or improvement but shall not be expanded. Any expansions or changes must conform to the current signs standards. It should be noted that being classified as non conforming is different then either constructing or operating a sign without a permit. Any sign that was constructed or its operation was changed without a permit is an illegal structure and is subject to action by the City including citations and orders for removal. CONCLUSION RECOMMENDATION Staff recommends the City Council approve the attached Ordinance amending the City of Rosemount Zoning Ordinance B Chapter 8 relating to signs and adopt a Resolution authorizing publication of Ordinance No. B- 200 amending Ordinance B, the Zoning Ordinance, Chapter 8 relating to signs. This recommendation is based on the work of the Sign Committee, the recommendation of the Planning Commission and the findings made in this report. 4 Ordinance Summary The following is a summary of the proposed changes to the sign ordinance by section. Detailed and underline changes can be found in the attached draft ordinance. Overall, the most notable changes are standards for temporary off premise signs and dynamic (electronic) signs. In addition, changes are proposed to the sign standards for individual zoning district to establish consistency in sign size, height, number and placement. Proposed Changes to Findings, Purpose and Intent. To strengthen the legal foundation for the sign ordinance and support changes to dynamic (electronic) signs and off premise temporary signs, staff recommends adding several statements to the Section 11 -8 -1.B (Purpose and Intent). These statements focus on economic development, general welfare, protecting individual property rights, safeguarding property values, controlling nuisances, eliminating or minimising hazards to motorist and pedestrians, and promoting the use of technology (see p. 2). Proposed Changes to Definitions. As a result of the proposed changes to the sign ordinance, a number of changes are also necessary to the definitions section. These changes include the addition of a definition for Dynamic Sign and Nit to correspond to the new standards for electronic signs (see Proposed Changes to Dynamic Signs below). With the new standards for Dynamic signs, the following definitions may be deleted: Changeable Copy Electronic Sign, Electronic Graphic Display, Multi- Vision Sign, and Video Display Sign. These definitions may be deleted because they are no longer necessary under the new Dynamic sign standards. To support the changes related to free speech, staff also recommends adding a definition for Non Commercial Opinion Sign (see ordinance p. 3, 4, 5 and 6). Proposed Changes to Temporary Off Premise Signs. Currently, the City prohibits off premise signs. The intent of changes to these standards is to allow some temporary off premise signs while placing reasonable limits on the display time, location and size. The City Attorney has suggested minor changes to the proposed standards to strengthen them against possible legal challenges and to avoid unintended consequences. The revised standards for temporary off premise signs are as follows. All temporary off premise signs are prohibited, except signs in placed from 4:30 p.m. Thursdays to 8:00 a.m. on Mondays. Temporary off premise signs are limited to four (4) square feet in size and three (3) feet in height. Temporary off premise signs are limited to two (2) signs per real estate listing or garage sale per intersection. No temporary off premise sign shall be further than six (6) blocks or a 1.5 miles radius from the event it advertise, whichever is greater, except that these signs may be located on the opposite corners of the same intersection. No temporary off premise sign shall be located closer than five (5) feet from the street surface and shall not be located within the twenty -five (25) foot sight triangle of an intersection. In addition, standards for off premise temporary signs were relocated to the Section 11 -4-8.B to focus these standards on real estate and garage sale signs (see pages 7, 9 and 10). Proposed Changes to For Sale and Lease Signs. The intent of these changes is to establish uniformity in the sign standards for various land uses. These include (1) decreasing the size of these signs in the Agricultural district from 36 to 32 square feet; (2) increasing the height of these signs in residential districts from 6 to 8 feet; (3) decreasing the size of subdivision signs from 36 to 32 square feet; and (4) decreasing the height and size of these types of signs in the public and institutional, commercial, business park, and industrial districts from 10 to 6 feet and from 64 to 32 square feet (see ordinance p. 9). Proposed Changes to Repair and Maintenance Standards. During the January 13 Sign Committee meeting, Councilmember Shoe Corrigan asked if the draft ordinance contained language addressing the maintenance and repair of signs. While this issue was addressed in various sections throughout the sign ordinance, staff added more specific language in response to Councilmember Shoe- Corrigan's inquiry. This language can be found in Section 11 -8 -5.D and requires all signs be maintained in a safe, presentable and good structural condition at all times (see page 12). Proposed Changes to Dynamic (Electronic) Signs. Currently, the City's electronic sign standards limit these signs to 16 square feet and time and temperature, gasoline price, and public institutional (non commercial) messages. In an effort to address changing technology, the City conducted an extensive review of the issues related to dynamic signs and formed the attached draft standards. These standards define dynamic signs and create detailed location, text size, operational mode, sign area, display time, brightness, and color standards (see ordinance p. 12, 13, and 14). The new standards still limit dynamic displays to freestanding ground signs and only allow static images (no scrolling, flashing or other forms of movement or animation). In addition, the proposed regulations create a minimum text size based on the speed of the adjacent road, a minimum display time and a maximum sign area of thirty -five percent of the sign face. The ordinance also creates standards for color to ensure it does not "create a hazard to the public health, safety or welfare." Originally, the draft sign ordinance proposes a 20 minute minimum display time for electronic messages before the sign may change to a different message. Time and temperature messages may change every 3 seconds. A portion of the RABC members felt the 20 minute minimum display time is too long to have any impact and feels it should be shortened to 1 or 2 minutes. Staff recommended the 20 minute standard based on a model ordinance and study produced by the League of Minnesota Cities. This standard was developed to minimize distraction by electronic signs. By comparison, Eagan has the same 20 minute minimum display time while Burnsville allows signs to change up to 8 times per day. Lakeville and Apple Valley only allow static electronic gas price signs. While staff could support a reduction in the display time in the range of 5 to 10 minutes, we are opposed to the suggested 1 to 2 minute standard. The Sign Committee reviewed both the comments from the RABC and staff's rational for the original 20 minute recommendation. While some Sign Committee members saw merit in reducing the minimum display time from the proposed 20 minutes to 10 minutes, the Committee ultimately recommended changing to 5 minutes. At the Planning Commission, the entire ordinance was approved with the 5 minute display time. Initially, brightness reviews where conducted by staff based on their assessment using generalized standards. The current draft now includes brightness standards developed as a result of a study of electronic dynamic signs conducted by the League of Minnesota Cities and SRF Consulting. That study determined Nits to be the appropriate measure of brightness for electronic dynamic signs and sets both day and nighttime standards. These standards can be found in Section 11- 8 -5.E9 (see page 15). Proposed Changes to Directional Signs. Currently, the sign ordinance does not to include standards for directional signs on commercial, business park, industrial or public and institutional sites. To date, staff has negotiated these signs through the Planned Unit Development /Site Plan Review process. Staff recommends including these standards in the sign ordinance update to establish clear expectations for developers and business owners. The proposed standards establish that individual on -site directional signs shall not exceed two square feet or three feet in height. The maximum number of directional sign per site shall not exceed one per curb cut. Such directional sign shall be permitted in any commercial, business park, or industrial zoning district or any public and institutional zoning district or use (see ordinance p. 13). Proposed Changes to Prohibited Signs Similar to the definitions section above, as a result of the addition of standards for Dynamic signs the following prohibited signs may be deleted: Changeable Copy Electronic Sign, Electronic Graphic Display, Multi- Vision Sign, and Video Display Sign (see ordinance p. 15). These definitions may be deleted because they are no longer necessary under the new Dynamic sign standards. Proposed Changes to Residential District Signs. These standards address permanent signs in the residential districts. The intent of these changes is to maintain consistency between different land uses. The current standards allow signs of either 24 or 36 square feet and six feet in height. The proposed changes establish a uniform 32 square foot size standard and maintain the existing six foot height standards for public and institutional, apartment and condominium buildings (see ordinance p. 16). Proposed Changes to Commercial Districts Signs. The proposed changes to the commercial sign standards are divided into groups: overall changes to commercial signs and changes to the individual districts. Highlights include the addition of projecting signs in Downtown and common freestanding ground signs in the C -3 and C -4 Districts. The proposed changes are based on policies from the Downtown Design Guidelines and focus on standards for sign size, type, design and placement (see ordinance p. 16, 17, 18, and 19). Current and Proposed Commercial District Sign Standards Category C -1, Neighborhood C -2, Downtown C -3, Highway C -4, General Current Proposed Current Proposed Current Proposed Current Proposed Front Setback 30 ft. 30 ft 0 ft. 0 ft. 30 ft 30 ft 30 ft 30 ft Sign Setback 10 ft. 10 ft. 0 ft. 0 ft. 10 ft. 10 ft. 10 ft. 10 ft. Max. Sign Size 80 sq. ft. 40 sq. ft. 80 sq. ft. 40 sq. ft. 100 sq. ft. 100 sq. ft. 100 sq. ft. 100 sq. ft. Max. Sign Height 20 ft. 10 ft. 20 ft. 10 ft. 20 ft. 20 ft. 20 ft. 20 ft. The Current standards for the C -1, Neighborhood Commercial and C -2, Downtown Commercial districts allow wall signs to cover fifteen percent of the wall and ground signs to be up to twenty feet tall and eighty square feet in size. The current standards also allow one ground sign per principal building on the site. The proposed standards would maintain the fifteen percent wall standard but require all wall signs to be channel letter design mounted on the building or a raceway. The standards would also prohibit pylon ground sign by requiring all ground signs to be monument style, no taller than ten feet and no larger than forty square feet in size. Ground or wall signs may be locate on any side of a site that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Finally, the proposed standard would also allow projecting signs in the C -2, Downtown district, subject to certain limitations. The Current standards for the C -3, Highway Commercial and C -4, General Commercial districts allow wall signs to cover twenty percent of the wall and ground sign to be up to twenty feet tall and one hundred square feet in size. The proposed standards would maintain the size and height standards but prohibit pylon signs and require all wall signs to be channel letters design mounted on the building or a raceway. Ground or wall signs may be locate on any side of a site that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Finally, the proposed standard would also allow adjoining sites to have a common freestanding ground sign up to one hundred and twenty five square feet in size. The new standards also require signs in all four districts to be architecturally compatible with the style, composition, materials, colors and details of the building which it identifies while differing from signs on surrounding sites and providing a unique identity. The RABC feels these proposed standards would make signs too small, less visible, more expensive and create safety hazards by reducing visibility at the access point to a property. Staff believes the recommended standards are appropriate for the unique land use conditions in. the downtown district. First, the downtown has no setback requirements, allowing signs and buildings to be placed directly at the property line. Second, the narrow roads and lower speed limits slow traffic through this area. Third, the more dense land use pattern and sidewalk system are designed to promote pedestrian activity. Together, these factors position both pedestrian and automobile users to view these smaller and lower signs. Finally, staff research of market forces and other communities found monument signs to be the new standards for commercial and industrial freestanding signs. As a result, staff recommended and the Sign Committee approved eliminating pylon signs and requiring monument signs in all commercial zoning districts throughout the city. Staff concedes the full masonry base requirement could create sight line challenges. Therefore, staff recommends the following change to the standards for freestanding signs: All permanent freestanding signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, th base width dimension shall be larger than fifty percent (50 of the greatest width of the sign. Proposed Changes to the BP Business Park District Signs. The intent of the proposed changes to the BP Business Park District is to consolidate the sign standards in the sign ordinance section of the code rather than split them between the BP zoning district and the sign ordinance, incorporate the Downtown Design Guidelines' Sign Objective and establish a height standards more aligned with market conditions (see ordinance p. 20 and 21). The Current standards for BP district allow wall signs to cover twenty percent of the wall and ground sign to be up to twenty feet tall and one hundred square feet in size. The proposed standards maintain the twenty percent of the wall standard but require all wall signs to be channel letters design mounted on the building or a raceway. Pylon ground signs are prohibited and no ground sign may be taller than ten feet. Ground or wall signs may be locate on any side of a site that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. The new standards also require signs in all four districts to be architecturally compatible with the style, composition, materials, colors and details of the building which it identifies while differing from signs on surrounding sites and providing a unique identity. Proposed Changes to Industrial Districts (LI Light Industrial, GI General Industrial, HI Heavy Industrial) Signs. The intent of the proposed changes to the industrial districts sign standards is to incorporate the Downtown Design Guidelines' Sign Objective, adjust the height standards to be more aligned with market conditions, and establish uniform sign design and placement standards (see ordinance p. 21 and 22). The Current standards for signs in the industrial districts allow wall signs to cover twenty percent of the wall and ground sign to be up to twenty feet tall and one hundred square feet in size. The proposed standards maintain the twenty percent of the wall standard but require all wall signs to be channel letters design mounted on the building or a raceway. Pylon ground signs are prohibited and no ground sign may be taller than ten feet. Ground or wall signs may be located on any side of a site that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. The new standards also require signs in all four districts to be architecturally compatible with the style, composition, materials, colors and details of the building which it identifies while differing from signs on surrounding sites and providing a unique identity. Proposed Changes to Opinion Signs. In response to recent court challenges, the 2007 sign ordinance amendment added a general substitution clause allowing any non commercial copy to be replaced with any other commercial or non commercial copy without any additional approval or permit. At the advice of the City Attorney, staff has removed this clause and replaced it with opinion signs in residential districts and a specific substitution clause for non residential districts. This change protects the city against legal challenges while insuring sign owner of adequate free speech (see page 8). THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended as follows: AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO SIGNS Section 1. follows: Section 11 -8 -1: Findings, Purpose and Effect 11 -8 -2: Severability 11 -8 -3: Definitions 11 -8 -4: Administration and Enfo 11 -8 -5: General Regulations 11 -8 -6: Prohibited Signs 11 -8 -7: District R 11 -8 -1: Findings, P A Findings: The City Coun 1. 3. Signs can threatening City of Rosemount Ordinance No. B- 200 Rosemount Zoning Ordinance B, Sectio is hereby amended as character and quality of the Environment ough which individuals may convey a variety of ds, aesthetic concerns and detriments to property values thereby th safety and welfare. 4. The city's zoning w tions have since as early as 1972 included the re lion of signs in an effort to pro e adequate means of expression and to promote the economic viability of the business community while protecting the City and its citizens from a proliferation of signs of a type, size, location, and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. B Purpose and intent. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign nor is it the purpose or intent of this ordinance to regulate any building design or any display not defined as a sign or any sign which cannot be viewed from outside a building. The purpose and intent of this ordinance is to: 1. Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare 2. Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community. 3. Improve the visual appearance of the City while providing fo ective means of communication consistent with constitutional guarantees a i the City's goals of public safety and aesthetics. 4. Provide for fair and consistent enforcement of t1 si zoning authority of the City. 9. Control nuisances. C Effect. A si conformance wi specifically set fo 5. Promote the economic development ane1fare of the City and its resident byallowing for Y the temporary promotion of the sale and use f teal estate% 6. Protect individual property righigbonsistent with coi §titutional guarantees. 7. Safeguard and enhance property values. 8. Encourage signs wbith b their design ar 'integragbith an'6 harmonious to the surrounding enviibnme P' acid the buildui'gs and sites fli& occupy. et forth herein under the 10. Elim a '"t+,+ !inimize h zards to o brists.actcd pedestrians using the public streets, sidwalks ands -of -wa '1 "t r. ote the use of i rand ch g technology to enhance variety and flexibility in sign ag while maintains ,certain "estrictions to protect the public safety and welfare. be erecte ``.s ounted, displayed or maintained in the city if it is in e pro ns of this ordinance. The effect of this ordinance as more 1 Allow a wide van'ty of sign types in commercial zones and a more limited variety of signs in other zones subject to the standards set forth in this sign ordinance. 2 Allow certain small unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this sign ordinance. 3 Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. 2 4 Provide for the enforcement of the provisions of this sign ordinance 11 -8 -2: Severability If any section subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid 11 -8 -3: Definitions BANNERS: Attention getting devices which resemble flags and are o consistency. FLAG: A rectangular piece of fabric of distinctive design whic a symbol (as a nation), signaling device (nautical), or attend' commercial or noncommercial). PENNANT: A flag or b SIGN: Any letter, work, sym matter, or other re.resentati informatty ad c g struc paper, cloth or plastic like unted on a pole that is used as vice (advertising, HEIGHT: The height of a sign shall be measured om the centerline of the se-eet or highway toward which the sign is principally displayed tceil e^ Q. of the sib IDENTIFICATION SIGN: A sign which displays only 't tne, address and title of an occupant or the name and address of a building 0. elopment. NIT: A measure of luminance e ual to the'total'''ount of ht emitted .from a s divided b the surface area of the s tapers to a ,pint. el, printed, projected or affixed device, poster, picture, reading c of an advisement, announcement, direction or f u r al an c pon f parts SIG The area of a include 't space inside a continuous line drawn around and enclosing l ers, designs an. r ckgro�d materials exclusive of border, trim and structural supports. For urpose of cal d ting the area of multiple faced or back to back signs, the stipulated maxims sign area shrefer to a single face. SIGN, CHANGEAB A sign or portion thereof that has a reader board for the display of text information in which h alphanumeric character, graphic or symbol is defined by objects not consisting of an illuminaon device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. SICN, CHANGEABLE COPY ELECTRONIC: A sign or portion thcrcof that displays 3 official signs. SIGNS, DYNAMIC: Any sign, except Official Signs, with characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself. or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing. blinking. or animated display and any display that incorporates rotating panels. LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. static images, static graphics or static pictures, with or witho SIGN, FLASHING: A directly or indire&Iy ted sign or'tion thereof that exhibits changing light or color effect by any means; so ads t 'por o p r ovide inte t i llumination that changes light intensity in sudden transitory bursts and°create'1 of ilfxtxnittent flashing light by streaming, graphic bursts showing movement, o>' d jj. which i. tiles zooming, »a twinkling or sparkling. h ,bh✓4 SIGN FREESTAND NG `A signthat is attached; directly to the ground or is supported vertically by any structure having a source o ort independe t of any building existing on the premises on which the sib SICN, MULTI N: slats or cylinders tha c slats or cylinders produ structure the display at an SIG GAL NONCO RM y lawfully in existence on the effective date hereof or any s g lawfully in existen n the to of any amendment to this chapter which does not conform to F�tF regulations affe g signs for the district in which the sign is situated. Any a composed in wholc or part of a series of vertical or horizontal ca f bring rotated at intervals ao that partial rotation of the group of crcnt image and when properly functioning allows on a singlc sign vcn timc one of two or more images. SIGN, NON COMMERCIAL OPINION. A sign that does not advertise products. goods, businesses, or services and that expresses an opinion or other point of view. SIGN, NONCONFORMING: Any sign which does not conform to the regulations of this chapter. SIGN, OFF PREMISES: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be 4 cation, defined by a small considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off premises sign. SIGN, OFFICAL: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty. SIGN, ON PREMISES: Any sign that directs attention to the name of the building, premises, or to the name of the building management firm,ior to the business, principal product, service, entertainment, or activity conducted, sold or offered upon the premises on which such sign is located or to noncommercial speech. SIGN, PORTABLE: A sign so designed as to be movable from o Iocatioin to another, and which is not permanently attached to the ground, sales display device cture. SIGN, PROJECTING: Any sign which is affixed to the ..,s le of the grior wall or soffit of any building and is not parallel to the plane of the wall ofit. y SIGN, SIDEWALK: A portable sign for tempo l cemen o a sidewalk in u. Jic right -of- way, intended for a building or business located adjac to the •right pf- -way with n a. nt yard or a front yard that will not accommodate a, ermanent frees o sign as permitted lay' this chapter. SIGN, ROOF: Any sign erected and constriAted wholly on an ,above the roof of a building, supported by the roof structure, and extending ally above the ,,,h kt portion of the roof SIGN, ROOF INTEGRAL building sited or s t as an integral or essentially integral part of a norm ro e of any des,}gn, so that s opart of the sign extends vertically above the highest p io o c f the ro and so that no part of the sign is separated from the rest of the roof by a space of more ;;fix (6) fi nches. 5 SIG CHLIGHT: chligh be considered signs if they announce, direct attention to, or ad,' 'se business, pro eional, odity, service or entertainment activities. SIGN, SH 1I RING: A sign 'ch reflects an oscillating sometimes distorted visual image SIGN, TIME AND ER1 RE: A sign that displays only current time and temperature information. SIGN, TEMPORARY: sign, banner, pennant, portable changeable copy sign, portable sign, search light sign, or similar device designed and /or displayed to promote brief business, professional, commodity, service or entertainment activities such as, but not limited to, grand openings, sales, or special promotions or events. SIGN, VIDE DISPLAY: A sign that changes its imcssagc er background in a manner or mcthod shapes, not including electronic changeable copy sign3. Vidco display signs include projected images or messages with these characteristics onto building s: SIGN, WALL: A sign which is affixed to the exterior wall, mansard roof or soffit of a building and which is parallel to the building wall. A wall sign does not project more than twelve inches (12 from the surface to which it is attached, nor extend beyond the top of the parapet wall. SPEECH, COMMERCIAL: Speech advertising a business, profession, commodity, service or entertainment. SPEECH, NON COMMERCIAL: Speech dissemination of message ,not classified as commercial which include, but are not limited to, messages concerning political, reous social, ideological, public service and informational topics. 11 -8 -4: Administration and Enforcement A Permit Required: Except as noted in Section 11 -84.B, ncf°sign shall be'e e ted, altered, improved, reconstructed, maintained or moves in the City without first sVetiting a permit from the City: 1 The content of the message or�speech displayed tli sign shall not be re. ewed or considered in determining whet r to approve or dt a sign permit. 2 Application for an administrative pe mi t agent with the Community Developtnt y City. 6 be filed by a ropert owner or designated ent's desi” iee on forms provided by the 3 Application for a ermit sh mclude sufficient infornfation regarding the number, location, size, illumination then physical characteristics of the sign(s) to fully and clearly review the proposed construe placement Sp ically, all applications shall contain the following i Lion, ess wa v i 4 pplicant, owners of the sign and lot. Names and a address at whic y signs are to be erected. c The la they are d Type and size sign (e.g., wall sign, Pylon sign). on at which the signs are to be erected and the street on which e A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. f Plans, location and specifications and method of construction and attachment to the buildings or placement method on the ground. g Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. h Written consent of the owner or lessee of any site on which the sign is to be erected. i Any electrical permit required and issued for the sign. j A detailed description of any electronic or electrical components that are proposed to be added to the sign. k Other information to demonstrate compliance with this and all other ordinances of the City. 4 The applications shall be accompanied by a fee as establish e ty Council resolution. 5 The Community Development Department designee s K tify the applicant, in writing, of an incomplete application within fifteen (15) daysole dat ubmission. 6 The Community Development Department materials and shall determine whether the evaluation criteria, codes, ordinances, and a Title within sixty (60) days of submission of Minnesota Statute 15.99. 7 s'ignee all review plication and related Y oposal is in compliance w t::all applicable er 'c able per ce stand`s'• et forth in this a �a plete'a..1i ation in acco ce with B Permit Not Required: The following g.0i44,411 not require. a.. ermit and are allowed in addition to those signs allowed by Sections 11-£45 acid 11 4 7 of the Ci ode. These exemptions, however, shall not be construed as relieving th of the s' om the responsibility of its erection and maintenance snd its complian c ewith th t-ovisions`' of this ordinance or any other law or ordinance re ame. 1 The changing of tlisplay`xrface on a pait�ed or printed sign only. This exemption, however y shall a 1 pp y replaceme. t :t. d /or on -site changes involving sign paw re then 2dress signs. Nelpd exis uildings shall have building address numbers placed in a �K S sitton to be plainly lble and i STe from the street or road fronting the property. These nut 0 shall contrast their j ckground. Address numbers shall be Arabic numerals. Numb& shall be a of four inches (4 high with a minimum stroke width of one- half inch These nbers shall be affixed to the principal structure, except in nonsewere• fib:• where; dress numbers shall be affixed to mailboxes or a separate structure p d visible from the street or road fronting the access to the property. 3 Garage Sale signs. Garage sales are subject to the standards contained in Section 11 -2 -13: Garage Sales. Garage sales operating in conformance with these standards may have temporary signs subject to the following standards. a Permission to Place: Such signs are permitted on private property only and may be placed only upon approval of the property owner. b Duration: These signs are prohibited, except from 4:30 p.m. Thursdays to 8:00 a.m. on Mondays. d One sip n is permi :t1 AK" closer than business or b 'then frontage. c Size and Height: These signs are limited to four (4) square feet in size and three (3) feet in height. d Distance: These signs shall not be placed further than six (6) blocks or a 1.5 miles radius. whichever is greater. from the garage sales. e Setback: These signs shall be setback at least five (5) feet from the street surface and shall not be located within the twenty -five (25) foot sight triangle of an intersection. f Number and Spacing: These signs are limited to two (2) signs per real garage sale per intersection. These signs shall not be located closer than.45ne (1) block from another sign containing information about the same garage sales `except "that these signs may be located on the opposite corners of the same intersection k. g Conformance with Other Standards: Theses ghall conf6rtn to all other applicable zoning and building code standards. 4 Sidewalk Signs. Sidewalk signs in the Cat following standards: a Signs shall be limited to two including support members. b No sign shall have more than twci (2) f ±e 2') in width ail ee and one -half feet (3.5') in height, c Signs shall ormal pede1/4ian use of t sidewalk, and a minimum passable contiguo0s a of thite feet (3') shalti a maintained at all times. tnt to the public right of way, unless ow separate business signs to be spaced no ano r sidewalk sign. right -of -way frontages may display a sidewalk sign f All sip `e` -must be re ®ved from the sidewalk at the end of each business day. g No sidew. I all be lighted by attached external or individual internal lights. 5 Noncommercial pinion /Speech Sign. In addition to all other signs permitted under this Chapter, noncommercial speech signs are allowed, subject to the following: a All noncommercial signs of any size posted in any number from August 1 in a state general election year until ten (10) days following general election, and thirteen (13) weeks prior to any special election until ten (10) days following the special election. b Residential Districts. Each lot located in a residential district may contain one (1) non- commercial opinion sign, subject to the following. 8 (1) Permission to Place: Such signs are permitted on private property only and may be placed only upon approval of the property owner. (2) Size and Height: Such signs may not exceed six square feet in area or four feet in height. (3) Setbacks. Such signs shall be setback at least ten (10) feet from any property line and shall not be located within the twenty -five (25) foot sight triangle of an intersection. (4) Illumination: Such signs shall not be illuminated. (5) Conformance with Other Standards: These signs shall:nform to all other applicable zoning and building code standards. c Non Residential Districts. The owner of any g si whic :r therwise allowed by this sign ordinance in a non residential district ma?su1stitute nacommercial copy in lieu of any other commercial or non- commercial:copy. This substitufit copy may be made without any additional approval or perm tting. d 6 Official signs. pig- For Sale or Lease SA-subject to the b aw a Within the R (residcatial) disttictk tie sigli, ill cxcccd t qc (12) squarc fcct in arca 9 or tcn fcct (1 a in the agriculture stricts eac5 perry shall be allowed one (1) sign per frontage on a tiblic street limitedtrty- twa(32) square feet and six (6) feet in height. rr b In all residential distil each property shall be allowed one (1) sign per site Sites with multiple d xntages al a public right -of -way will be allowed one (1) additional sign per ht -of -wa f1 provided that frontage faces another commercial or industrial use Y�o a .�p g or a Collector, or Arterial or Principal Arterial road as identified in the Comprehensi#e Plan. Each sign is limited to eight (8) square feet and 8 feet in height. c Institutional uses or residential subdivisions having five (5) or more lots are allowed one (1) signs per frontage on a public street of the subdivision. Each sign is limited to thirty two (32) square feet and six (6) feet in height. These signs shall be removed once ninety (90) percent of the lots are sold. These signs shall be located on private property and shall not be located within any sight triangle. Such signs. if illuminated. shall use only indirect light with the light source fully diffused and aimed toward the ground. d In all other zoning districts each property shall be allowed one (1) sign per frontage on a a b c d e f g 8 Off Premises Temporary For -Sale and Lease Signs, subject to the following: C Nonconforming, public street limited to thirty -two (32) square feet in area or six (6) feet in height. Permission to Place: Such signs are permitted on private property only and may be placed only upon approval of the property owner. Duration: These signs are prohibited. except from 4:30 p.m. Thursdays to 8:00 a.m. on Mondays. Size and Height: These signs are limited to four (4) square feet in size and three (3) feet in height. Distance: These signs shall not be placed further thiii (6) blocks or a 1.5 miles radius, whichever is greater, from the real estate`lxs'ng Setback: These signs shall be setback at least five AA) feet from the street surface and shall not be located within the twenty file (25) foot sight triangle of an intersection. Number and Spacing. These signs are ]unit to tw 2 f :.signs per real 6 to listing per intersection. These signs shall not be located :closer than one (1) block:om another sign containing information out the same rea estate listing except that these signs may be located on the opposite corners of the same intersection. Conformance with Other Standards Tit :signs shall conform to all other applicable zoning and builditt code standard i 1 Nonconforming Sigii c this. peg be re nconforming i9n 11 -11 of the use 't s be considered' most r' ctive zoning clis D Enforcement an a aloes: 10 Mull existing upon sign Y g on the effective date of P in acct' lance with Chapter 11 of the City Code. rincipal use of land is legally nonconforming under .sting or proposed signs in conjunction with that land if they are in compliance with the sign provisions for the ct in which the principal use is allowed. 1 This chapter shall ;y, administered and enforced by the Community Development Department des i€ shall The Community Development Department designee may institute in the name of the City appropriate actions or proceedings against a violator. 2 Inspection. All signs for which a permit is required shall be subject to inspection by the Community Development Department designee. 3 The City reserves the right to require the removal at the owner's expense of any sign when the requirements of this Section are not completely followed and adhered to, or if a sign is not properly maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign when removed by the City. 4 Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this chapter shall, upon conviction thereof, be fined or penalized not more than the maximum levels established by the state for misdemeanor offenses. E Consent Required: No person may place a sign in any location within the City without the consent of the property owner upon which the sign is to be located. 11 -8 -5: GENERAL REGULATIONS: A Changeable Copy Signs: One (1) changeable copy sign (but not 4n4ncIT g electronic changeable copy signs) shall be allowed per site provided that the area of sign it exceed fifty (50) percent of the allowable sign area or fifty (50) square feet, wtii er is less, for a freestanding or wall sign. B Classification. All signs shall be an accessory us9. structure. C Construction and Placement. 1 Except in the C -2 district and as otherwise regula y "erein, all freestan• s signs shall be setback at least ten (10') feet froim property line. .Q sign, except official signs, may be located within the public right- of -wayti corner sight triangle or any easement. 2 No sign shall be erected in or overhang upo b.�lic right d.,.e >'ay or otherwise interfere with safe pedestriaao° vehicular move nt, excep fficial signs. 3 No sign shill c n #ain colo shapes, interm lighting or words such as "stop "warning "caution' etc., w ch may be confused with traffic signing or controls unless such sins are intends m g d for such 11 o state electrical codes and shall require 5 No 'r or sign structure- *hall be ermitted to interfere with the safe access to doors, windo s F fire escapes o sign or sign structure shall be attached to a standpipe or fire escape. 6 No sign shall curt ermittent flashing or other type of lighting which changes in intensity or color en artificially illuminated, cxccpt time and temperature sign. 7 No exterior sign shall pivot, move, rotate or display any moving parts including eleetrenie dynamic s s. 8 No sign shall be painted directly on the exterior surface of any building. 9 Signs which advertise a business, activity, product or service not located exclusively on the premises are prohibited except as regulated herein. 10 No sign may contain more than two (2) sides. 11 No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the Community Development Department designee. 12 No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof. 13 Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate ardjacent properties, buildings or streets. 14 No permanent freestanding or building mounted sig shall beasupported by guy wires. 15 The Planning Commission and /or City Coup., mailetognize sep 't sign plans for a project, site, or multi- building PUD which ill supersede the ordinance he sign plans which have been approved by the City will°} se the effect of a sign orduia e f the specific project, site or multi- building PUD. 16 Audio speakers or any form of p °technics are prohibited in association with any sign. 17 No sign shall be erected, placed or kcafa on private property. without the permission of the property owner This includes obtaining permission of fh djacent property owner for any sign placed in th -ublic right- of- wayr �a;> <.r D Sign maintenance::" an d repair. A signs shall be maintained. a safe, presentable and good structural condition at'allztimes. iiicluding the replacement of defective parts. cleaning and other items required for maintenance o lli sign. Vegetation around, in front of, behind, and underneath.. base of ground .signs fo distance if 10 feet shall be neatly trimmed and free of wee and no rubbts r debris:41/qt woulifethigtitute a fire or health hazard shall be permitted undo or near the sign. E Elcctrori ign3 Dynamic S the folio tandards. 1 ollowing electronic dynamic signs are allowed subject to 2 Gasoline Sign3. An arca not to exceed 3ixtecn (16) square feet within a freestanding sign electronic or non electronic changeable copy identifying current fuel prices in accordance with Minnesota State Statutes Section 239.751 3 Electronic Changeable Copy Sign. Thin typc of sign is only allowed in thc Public and noncommercial mcsaagcs, subject to thc sign provisions for thc zoning district in which the Sign i.3 located. 12 W Minimum Text Sizes fdf.Dynamc'S fit. peed Limit of Adjacent Road tip, ;z•' Minimum Text:Size 25 to 34 MPH 7 Inches 35 to 44 MPH 'tif 9 Inches 45 to 54 MPH 12 Inches 55 or More MPH "''`.1 5 Inches 1. District Limitations. Dynamic signs may be located on properties within the C -3, Highway Commercial, C -4, General Commercial, and PI Public and Institutional districts that also have frontage along Minor Arterial or Principal Arterial roads as designated in the Comprehensive Plan. 2. Location. The sign must be located on the site of the use identified or advertised by the sign. 3. Orientation. When located within 150 feet of a residential use or zone. dynamic signs must be oriented so that no portion of the sign face is visible from the residential use or district. 4. Type ofsign. Dynamic signs are limited to monument st signs'only. 5. Text Size and Legibility. The following minimufn t xt size apply to all dynamic si gns. If a sign is located on a corner with streets':thaf=l3ave diff seed limits, the minimum text size shall be based on the standard for'tfe higher sp d.limit to ensure maximum legibility. y. 6. Mode Dynamtsigns sh only be allowed to operateli a static mode. Animation, motion or video disp :tprohb i be instantaneous and Wall not include any distracting effects, such as dissolving. spinning or fading. The images an .?rressa a 4t.splayed must be complete in themselves, without contmua�tion to content fo tie nexei4WV op essage or to any other sign. .eize and Number DynatnrlDisplay. The dynamic portion of any sign shall not exceed 35 ercent of the total"all`.wable are 'of the s• The remainin 65 ercent of the allowable sign w a.ri a. cannot have dyntimic capabilities even if it's not used. Each site can have only one dynami and that sig can have only one dynamic display. 8. Minimum J3 y Tillie The minimum display time shall be 5 minutes. One exception to this standard standard'abatte for time, date and temperature signs which the federal court has acknowledged as an u exception to limitations on variable message signs. The time date and temperature information may change no faster than once every three (3) seconds, 4 provided that the display of this information remains for at least 5 minutes before changing to another display. 9. Brightness. Dynamic sign shall not exceed a maximum illumination of 5.000 nits during daylight hours and a maximum illumination of 500 nits between dusk to dawn as measured from the sign's face at maximum brightness. All dynamic sign applications shall include certification f r o m the si 's manufacturer that the s' has been reset to conform to the luminance levels noted above and these setting are protected from end users manipulation by password protected software. 13 10. Color: Dynamic signs may use multiple colors within the display but the use of color shall not create distraction or a hazard to the public health. safety or welfare. No portion of the display may change in color or color intensity in any manner. Each line of text in any direction shall be uniform in color. 11. Operation. All dynamic signs shall be equipped with a means to immediately discontinue the display if it malfunctions. The owner of a dynamic sign must immediately cease operation of their sign when notified by the city that it fails to comply with the standards of this ordinance. The dynamic sign shall remain inoperable until such lime that the owner demonstrates to the City that the device is in satisfactory working condition and conforms to the standards of this ordinance. Appeals of the City's direction"regarding the operation of a dynamic sign shall follow the appeals process outlined in Chapter 12: Board of Appeals and Adjustments. 12. Application to Existing Signs. The dynamic sign standards s .apply to all existing and future dynamic signs, unless otherwise determn ed bir'''tfie City thata i'- existing sign qualifies as a non conforming use under state statute:'or city code. Any existing `dynamic sign that cannot meet the 10 -inch minimum text size standard must use the largesfsize possible for one line of copy to fit in the available display s ace fir:•. 3 F Flags. Flags displayed in commercii d industrial distri shall not exceed in surface area the maximum permitted for freestanding sus provided further hat the display of more than three (3) flags shall be debited against the total frees g signage� pe tted. G Landscaping. Subject ,a. to the standards of the .`individua on district in which the sign is placed, the area around frees� ng signs shall be landscap d with plantings and maintained in such a manner to t and enhance the sign while remaining sensitive to the natural features of the site. H On- Premrse; nary Sign pp c r" r1 `ns ,toc can- premise temporary sign permits shall follow the Amiiustration Enforcet ant requirements detailed in Section 11- 8 -43, subject to the f 14 ber and Dura k of Pei i%t: Each property may have only one temporary sign pe at any given s Perm m its for temporary signs may be issued a maximu of six (6) er year for 14, lnaximum of fourteen (14) days per permit. Permits for searchligg lgns may e issued a maximum of three (3) times per year for a maximum of three (3) da rmit. b Location anddi xceptions. Temporary signs are allowed in any Commercial, Business Park, Industrial, or Public /Institutional district except that portable changeable copy signs are prohibited in the C -2, Downtown Commercial District. Sidewalk sign shall comply with the specific standards detailed in Section 11- 8- 4.B.3. Size and Placement: Temporary signs shall not exceed thirty -two (32) square feet in area or six (6) feet in height. Temporary signs shall be setback a minimum of ten (10) feet from any property line and shall not encroach upon any right-of-way, easement, or sight triangle. No temporary sign may be placed in such a way as to cover any door, window or fire escape and shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area. Conformance with Other Standards: Temporary signs shall conform to all other applicable zoning and building code standards. Directional signs. Individual on -site directional signs shall not exceed two- square feet nor three feet in height. The maximum number of directional sign per site shall not exceed one per curb cut. Such directional signs shall be permitted in any commercial, business park, industrial or public and institutional zoning district for the purpose of directing vehicular or pedestrian traffic in a safe and convenient manner. 11 -8 -6: PROHIBITED SIGNS: The following signs are prohibited`' A Any sign, signal, marking or device which purports to bl? aal is ariliiitation of or resembles any official traffic control device or railroad sign or sign prmergenc signs, or which attempts to direct the movement of t r a f fi c or whirl hide {f om view or erferes with the effectiveness of any official traffic- control devitt or any railroad sign or signaL B All signs over two hundred and fifty (250) square f, K C All off premises signs, except as allwed under Section'` 8 -4.B.3 (Garage Sale Signs). Section 11- 8 -4.B.8 (Off Premises Temporary''Eoi<-:Sale and Lease Sfg s) and Section 11- 8- 7.C.2.b(3) (Common Freestanding Sign Bonus). J Aa% D Chan. cable copy signs c pct enic. Except those c a$owc�by Sections 11 8 5.D of the City Code E Content classified as 'o:1scene' .:+7 H Inflatal I r J Portable signs exce`csiwed by this Chapter. as defined by Minnesota Statutes section 617.241. 15 K Roof signs. L Rotating signs. M Shimmering signs. N Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, transit shelters /benches or similar public structures except official signs. O Vidco di3play sign3. 11 -8 -7 District Regulations: The following signs are allowed by specific zoning district subject to the Site and Building Standards of the applicable district. A Signs Allowed By Permit In Agricultural Districts: 1 One sign per farm identifying the name of said farm not exceeding twenty four (24) square feet. 2 One sign per farm advertising agricultural products raised in pit on the premises not exceeding thirty two (32) square feet. B Signs Allowed By Permit In Residential Districts: 1 Permanent identification Signs for residential dcvclQ ncnt3 not c xcccdin g thirty six (36) squarc fcct per Sign with a maximum of two (2 31gn3 a cach princip c cntrancc; provided aigna arc located on private property and d o not jeopardise traffic or p"cdcstrian 3afcty. 2 One identification sign for multiple family dwc it exceeding twenty (21) square feet, act back a minimum of ten,fcct (10') from all;pr operty lines not exceeding three feet (3') in height. 1 Residential Subdivisions having five: o more lots are allowed up to two (2) decorative free standing monument signs per prmcipatt4 trance to the subdi Each sign is limited to thirty -two (32) squuare•feet and 6 feetirl heigh0'J~ hese signs shall be located on private property and shall not b l%cated within any sight triangle Such signs, if illuminated, shall use only indlrectli• -ht with the light source diffuse and aimed toward the ground. 2 Public or institutionalesi` grip or c buildings are allowed one (1) free standing :m mo sign per sit Sites. with Multiple frontages along a public right -of -way w.ilt'be allowed one (1) addiiiiinal sign per right -of -way frontage provided that frontage faces aanother cominercia .industi use or a Collector, Minor Arterial or Principal Arterial road as ^identified in the Comprehensive Plan. Each sign is limited to thirty -two (32) square feet anti's 6) feet in heighi ?These sums shall have a base made of decorative materials compatible with the exterior materials of principal structure on site The base shall i extend My from the copy area f lly to the ground except for architectural relief treatments. Such signs. if illur'ated. shall use only indirect light with the light source fully diffused and aimed toward the ground ;a]ese signs shall be located on private property and shall not be located within any sight 4 16 3 For -Sale or Lease signs subject to the standards in Section 11- 8 -4.B.8 not exceeding thirty six (36) square fcct or six fcct (6) in hcight. C. Signs Allowed By Permit in Commercial And BP Districts. Signs should be architecturally compatible with the style, composition. materials, colors and details of the building which it identifies while differing from signs on surrounding sites and providing a unique identity. 1 C -1, Convenience Commercial and C -2, Downtown Commercial as follows: a Wall Signs. Not cxeecdifng fiftccn percent (15 of thc total arca of thc wall on which thc signs arc affixed. Wall signs to be constructed on structures with more than one Sign ;,hall be designed according to an approved sign concept plan in which all signs have PUD to permit variation in size and dcsign of signs for major tcnants or anchor bu3incs3c3 in largcr complexes. (1) Permanent wall signs shall not exceed fifteen (15) percent of the total area of the wall on which the signs are affixed. Wall signage may be affixed to windows but shall not exceed thirty (30) percent of the window on which it is it ieflaced and is counted toward the overall fifteen (15) percent maximum wall signage. Sign ge placed on a wall facing a parking area and abutting a residential use<shall not exceed ten (10) percent h K Y �f= of the total area of the wall on which it is laced and'sall not be illuminated passed 9:00 p.m. nor before 6:00 a.m. 'fi t (2) All permanent wall signs shall be individual channel letters mounted flush with the h• building or on a raceway. Box oepanel signs are'• prohibited (3) Wall signs may be located on any side building that'Taces another commercial or industria;-':e,a Collector, M Arterial or Principal Arterial road as identified in the Comprel en ivel•Pla icr,n or a parkinggarea. 21�•rt (4) Wall signs constructed on structures more than itte sign shall be designed according to an a proved sign 'concept phair`.m which.`all signs have complementary designs, similar s es and sign areas. Consideration may be made by PUD to permit n i variation size and of signs for major _tenants or anchor businesses in larger complexes";, 1 tin .C-2 Down iwn Commercial d ct only, properties may have a sign that project's from the side ''•of the buildin in addition to the maximum fifteen (15) percent wal `.s' clfii'd. stan. This sign may not exceed 12 square feet in size or three feet in width e maxi um" cistance between sign and building face is one foot; however. at no 'tithe shall uy projecting sign encroach the public right -of way. No brt of a projecting sign may extend beyond the second floor of the building. No les 4e, an 10 feet o clearance shall be provided between the sidewalk elevation and the lest point* the projecting sign. Signs cannot block or diminish design details. dov or cornices of the building upon which they are placed. 17 o ±ommerClal (1) One permanent freestanding sign per site. Sites with multiple frontages along a public right -of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Each sign is limited to forty (40) square feet and ten (10) feet in height. Such signs. if illuminated. shall use only indirect light with the light source fully diffused and aimed toward the ground. (2) All permanent freestanding signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, the base width dimension shall be larger than fifty percent (50 of the greatest width of the sign. c Subdivisions Signs: For thc purposes of creating idcntity in planned subdivisions, in addition to othcr freestanding signs allowed by this chapter, onc freestanding subdivision in height. Subdivision identification signs shall only bc permitted on property within the identification sign shall bc situated closer than onc hundred fcc(100) to any other permitted freestanding sign. d Changeable Copy Signs subject to the standards, i I Section -5.A e Temporary signs subject to the standards` in Section 11 -8 -5.G f For -Sale or Lease signs subject to the standards in Se tiox 11- 8 -4.B.8 2 C -3, Highway Commercial and 0 `4, Comn a Wall Signs. Not exceeding tw J. crirc t (20 of the total area of thc wall on which omplcmcnty d ca ;;„similar ahapc and sign areas; Consideration may bc made by PUD to perrnit,variation; n size and dcsi of signs" for major tenants or anchor businesses in larggcr com an e nt wall si sh not exceed wenty (20) percent of the total area of the wall the sighs are affixeff:`Wall signage may be affixed to windows but shall not ekagtd thirty` percent of the window on which it is placed and is counted toward the overallwenty (20) percent maximum wall signage. (2) permanent wall signs shall be individual channel letters mounted flush with the binding or on a rway. Box or panel signs are prohibited. b Freestanding Signs: In hundred (100) square fc 18 as follows: e located on any side of a commercial building that faces another (3) Wall s' commercr industrial use or a Collector. Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. (4) Wall signs constructed on structures with more than one sign shall be designed according to an approved sign concept plan in which all signs have complementary designs, similar shapes and sign areas. Consideration may be made by PUD to permit variation in size and design of signs for major tenants or anchor businesses in larger complexes. (1) One permanent freestanding sign per site. Sites with multiple frontages along a public right -of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Each sign is limited to one hundred (100) square feet and twenty (20) feet in height. Such signs. if illuminated. shall use only indirect light with the light source fully diffused and aimed toward the ground. (2) All permanent freestanding signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, the base width dimension shall be larger than fifty percent (50 of the greatest width of the sign. Common Freestanding Sign Bonus. The Citysmay approve up to a twenty -five (25) percent size bonus for adjoining property with a comm a lot line that construct a common freestanding ground sign. N o propert shall be pa-of more than one common freestanding sign bonus add the sign bonus is limited:to, one (1) twenty -five (25) percent increase regardless of the number of participating p o sertties. Properties eligible to participate in the common freestandtng'sgn bonus must t xcctly adjoin the site on which the Common Freestan-Sign is constructed. The sign shall conform to all applicab1ej crformance statidilds for the zoning district in which it is located exce t that the size `of the s' ma be •:.to one hundred and twen five (125) percent of the maximumpermanent freestanding ground sign size standard. The bonus sign area shall not increase the sign height Should the sign include a dynamic sign^othe dynamic portion of the s hall not exceed thirty -five square feet, regardle of the`toht l area of the ign. All parties- o the common freestanding sign shall .enter unto an iement addressin consttuction maintenance and re air respons fi es and trespass rights. his agreement shall be filed with the Dakota County Record title of all involved. Amendment or c relation of the ft'a i hall.be a lowed only upon written approval by the -Development e ate• their designee. s ubdivisions Signs; or the ,oses of creating identity in planned subdivisions, in i ion to other fee ding; igns allowed by this chapter, one freestanding subdivision ideii cation sign sha be allowed limited to one hundred (100) square feet and twenty feet (2f height. S division identification signs shall only be permitted on property within i divisio being identified which is situated on a principal or minor arterial as identified th ;•ity of Rosemount comprehensive guide plan. Furthermore, subdivision idqi sign shall not be situated closer than one hundred feet (100) to any other peri freestanding sign. d Changeable Copy Signs subject to the standards in Section 11 -8 -5.A e Temporary signs subject to the standards in Section 11 -8 -5.G f For -Sale or Lease signs subject to the standards in Section 11- 8 -4.B.8 g Electronic Signs subject to the standards in Section 11 -8 -5.D (3) 19 h Marquee Signs. Movie theaters are allowed chasing and running lights on marquees subject to the requirements for wall signs in commercial districts and the following standards: (1) Running and chasing lights are only allowed in the C -4 general commercial and C -2 community commercial districts. (2) Signs with running and chasing lights are not permitted on walls that are within two hundred fifty feet (250') of residential districts or uses from which the sign is visible, and the lights shall not exceed an illumination intensity of 0.5 lumens at the property line. (3) No signs with running and chasing lights are allowecln a front yard setback; (4) Signs with running and chasing lights shall be y nvnuYx �x of twelve feet (12') above the adjacent grade elevation and street evatton; (5) The power of illumination of r nnning and chasing lights shall`1 limited to fifteen (15) watts per bulb; M. (6) Running and chasing lights shall not be located near intersections n¢r within the sight triangle adjacent to ntersection; 20 (7) Only permanent wall signsshalI b 4allowed running and chasing lights; and (8) Hours of illumination shall be limited to .5,,$. b et w een therhours of eleven thirty o'clock (11 30) �a is Ieyen o'clock 0.1:00) P.M. 3 BP, Business Park 'asIollows complementary dc3 n 3, 3111114 apes and sign areas. Consideration may be made by D to permit vari bn in s and design of Signs for major tenants or anchor bu iKa3es in larger c p1cxe3. (1) P ent wall signs shall not exceed twenty (20) percent of the total area of the wall on ichwtiie signs are affixed. (2) All permat wall signs shall be individual channel letters mounted flush with the building or on a raceway. Box or panel signs are prohibited. (3) Wall signs may be located on any side of a building that faces another commercial or industrial use or a Collector. Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. (4) Wall signs constructed on structures with more than one sign shall be designed according to an approved sign concept plan in which all signs have complementary designs. similar shapes and sign areas. Consideration may be made by PUD to permit (3) variation in size and design of signs for major tenants or anchor businesses in larger complexes. b Freestanding Signs: one hundred (100)- square fcct nor twenty fcct (20') in height. (1) One permanent freestanding sign per site. Sites with multiple frontages along a public right -of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Each sign is limited to one hundred (100) square feet and ten (10) feet in height. Such signs. if illuminated. shall use only indirect light with,the light source fully diffused and aimed toward the ground. All permanent freestanding signs shall have`.a -bcse midi of decorative materials compatible with the exterior materials of:f rin ipal strut e• site At a minimum, width of the sign. the base width dimension shall be larger than' percent 00,0 of the greatest c Subdivisions Signs: For the purposes of creating identity in planned su ions, in addition to other freestanding signs allowed b this chapter, one freestanding subdivision identification sign shall be aUo; ed limited to one 4l hundred (100) square feet and tveeitty ten (29 A feet in height. Sub identification {:signs shall only be permitted on property within the subdivision which on a principal or minor arterial as identified in the city o omprehensve guide plan. Furthermore, subdivision ideniifi�on sign shall be situated ccloser=than one hundred feet (100') to any other permitted freestanding sigil 21 (1) Permaneii `'"signs shall not exceed twenty (20) percent of the total area of the wall on we the signs are affixed. (2) All permanent wall signs shall be individual channel letters mounted flush with the building or on a raceway. Box or panel signs are prohibited. Wall signs may be located on any side of a commercial building that faces another commercial or industrial use or a Collector.. Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. (4) Wall signs constructed on structures with more than one sign shall be designed according to an approved sign concept plan in which all signs have complementary 2 Freestanding Signs. hundred (100) squarc fcct nor twcnty fcct (20') in hcight. (1) One permanent freestanding sign per site. Sites with multiple frontages along a public right -of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Each sign is limited to one hundred (100) square feet (10) feet in height. Such signs, if illuminated, shall use only indirect lightwith the light source fully diffused and aimed toward the ground. (2) All permanent freestanding signs shall have.a base made`cfa•decorative materials compatible with the exterior materialsfof principal structure orb site At a minimum, the base width dimension shall be larger than fifty percent (50 of the greatest width of the sign. designs, similar shapes and sign areas. Consideration may be made by PUD to permit variation in size and design of signs for major tenants or anchor businesses in larger complexes. 3 Subdivisions Signs: For the purposes of creating identity in planned subdivisions, in addition to other freestanding sig ns allowed by this c pter, one freestanding subdivision identification sign shall be allowed "':lu�ated to one hundred (100) square feet and twenty feet (20') in height. Subdivision identification signs shall only be per tted on property within the subdivision being identified which is situied a on a princip .or minor arterial as identified in the city of Rosemouunt guide plan �Faurthermore, subdivision identification sign shall not be tu` at `d`cl iser than one' °hundred feet (1i00') to any other permitted freestanding ,sin. 4 Temporary signs subjectxto the: ndards in Sect bn 11 -8 -5.G to the star' `ids in Section 11- 8 -4.B.8 C S gns+1' flowed by Permit ni he FW Dis ct: 1 Nav Onal signs including barge ship identification and directional signs. Nrz, 2 Park ident t n and ul rpretation signs. 22 Section 3. ELECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this day of May, 2009. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk 23 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2009 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B -200 AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO SIGNS WHEREAS, the Planning Commission of the City of Rosemount recommended City Council approval of this amendment after holding public hearings on May 12, 2009; and WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B -200 amending the City of Rosemount Zoning Ordinance B relating to signs; and WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinances. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. B -200 to be published in the official newspaper in lieu of the entire ordinance. Public Notice During their June 2, 2009 meeting, the City Council of the City of Rosemount adopted Ordinance No. B -200. The ordinance amends Section 11 -8 of Ordinance B, the Zoning Ordinance relating signs. In summary, the new ordinance makes the following seven (7) changes: 1. Move from prohibiting all temporary off premise signs to allowing some with reasonable limits on their duration, location and size. 2. Embrace changing technology by allowing additional electronic signs with reasonable standards for location, text size, operational mode, sign area, display time, brightness, color standards. 3. Adjust individual zoning district standards to more closely align with market conditions and establish consistency between different land uses. 4. Allow projecting signs in the Downtown district, subject to conditions. 5. Allow shared signs in the Highway Commercial and General Commercial districts. 6. Ensure free speech through opinion signs. 7. Promote architectural compatibility between signs and the associated buildings. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B -200 shall be kept in the City Clerk's office at City Hall for public inspection and a full copy of the ordinance be posted in the lobby of City Hall for 30 days after adoption. ADOPTED this 2„d day of June, 2009, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor Resolution 2009- Motion by: Second by: Voted in favor: Voted against: Member absent: From: Ruthe Batulis [mailto:rbatulis @dcrchamber.com] Sent: Thursday, March 12, 2009 4:05 PM To: Lindquist, Kim; Johnson, Dwight Cc: Joseph Veliz; Donald Sinnwell; Ruthe Batulis Subject: RABC I thought the RABC meeting went well this week As we discussed, these meetings are meant to be a dialogue /discussion regarding the issues, an opportunity for input. The businesses can indicate areas that might be troublesome or areas that need additional discussion. Jason's presentation was very organized and understandable and well presented. I also believe that there has been attention to business needs in the recommendations. Discussion points are as follows: The 20 minute electronic sign timing seemed too long to have any impact, but the 3 second tune /temp seemed appropriate. It is understood that existing signage shall meet new standards OR be classified non- conforming. This means that existing businesses need not change their signage to conform, and discussion revolved around the concept that if an existing non conforming sign is accidentally destroyed, the sign may be returned to previous non conforming standard. There was discussion around the concept and zoning providing for monument signage on Highway 3 as a traffic hazard. I have not had further comments to date, and promised to get this information to you by week's end. Ruthe Batulis President Eric and Jason 25 March 2009 Thank you for taking the time last night and listing to my concerns last evening at the Open House for the Sign Ordinance. As we talked a couple of concerns came up that I wish to talk about again: Jason mentioned the best use of the property and that is why the sign would go on the road frontage in the Downtown area; I would like to restate the best use of the property is really up to the property owner. The owner would decide how best to use the property and maximize the property. I do know this is a balancing act between being profitable and meeting the zoning rules and regulation. Then again the business owner must first look at profitability, and how they will make a profit or Return on Investment. You both mentioned that you looked at other Cities as well; you were both great in explaining to me what Cities you looked at and that you felt you took the best from those Cities to bring a workable code to and for the City of Rosemount. Eric stated that you added available signage as well; this is a great help to a lot of people, Real Estate agents as I am one. It also appears you have some more flexibility in the proposed code for some signage as well. The time on the electronic signs is still a concern for me. As I mentioned a 20 minute time for the message is way too long. I could go to the Holiday Station Store and fill up with gas, go the restroom and pay for my gas; the message could still be the same message. This makes the signage unusable to me as a business owner. I feel 1 -2 minutes time frame would be good. It would not change so fast that the drivers would be distracted and it would give the business owner a return on investment of the sign. The restriction of the signs in the Downtown area, you are asking for a monument or a sign on the building. I would propose that a monument sign for the business located along Highway three would be a safety hazard. This would put a wall in the middle of the parking lot at Ace Hardware or the Shopping Mall if they wished to change their signage. I would like to see something more along the lines of the Community Center sign for this area. This still gives you a nice sign as well as open space so you are not looking at a wall creating a safety hazard for the person coming in and out of the parking lots and the person driving on Highway 3. Also the cost of the sign needs to be reasonable as to not make them cost prohibited. This is an investment for the business owner and they must have a return on Investment, what ever that investment is. The restrictions for the business on 145 St are also a concern as well. The First State Bank has a sign on the back of the Bank so it can be seen from Highway 3 as you drive south. This would be non conforming in the proposed changes. The Bank is a destination and needs to be seen so people know how to find it. I also feel this needs to be addressed as well. The Bank as well as my building are over 40 years old. They will need to be updated and or rebuilt in the future. How do we place the same kind of signage on our buildings that we currently have so we will be seen from Highway 3. Please remember that as a business owner one of the first things we look at is our Return on Investment. If we can not place signage to drive traffic into our place of business we are out of business. As a Residence and a Business Owner in Rosemount it is vitally important for me that Rosemount has a thriving Business environment. This Ordinance as proposed has some challenges in it that I feel need to be addressed before it is passed and set in place. One last concem that I would like you to take forward if you would be so kind, you stated who the committee was. They were City Council members, Planning Commission Members and City Staff. I missed the stake holders in this committee, the owners whose lively hood depends on the business that they have and drive into the establishment by the signage that is being proposed. Thank you again for your time. Donald E Sinnwell Broker Twin City Homes 3020 145 St W Rosemount, MN 55068 Resident 3335 145 St W Rosemount, MN 55068 EXCERPT OF MINUTES PLANNING COMMISSION REGULAR MEETING MAY 12, 2009 5.c. Sign Ordinance Text Amendment (08- 01 -TA). Planner Lindahl reviewed the staff report. Staff recommends the Planning Commission recommend approval of the attached sign ordinance amendment. In 2007, staff outlined a two step process to conduct a comprehensive review of the sign ordinance. The first step concluded in November 2007 when the City Council approved an ordinance that revised the sign standards related to permitting procedure, First Amendment free speech and temporary signs. As part of this first step, staff also restructured portions of the sign ordinance so it would be clearer and easier to find specific regulations. The second step in the sign ordinance update process began in January of 2008. This memo summarizes that process and offers a draft ordinance with recommended changes to the various zoning districts' sign regulations as well as new standards for dynamic (electronic) signs and temporary off premise signs. Commissioner Irving asked for a definition of official signs and whether or not a flashing speed sign would be classified as an official sign. Mr. Lindahl replied that it would be classified as an official sign and not a dynamic sign under the current standards. Commissioner Demuth thanked all who worked on the sign ordinance and asked if there was any discussion during this process on the regulation of people waving signs as a part of their advertising because she feels it is distracting to motorists. City Attorney Tietjen responded that there isn't really any legal procedure for regulating that type of advertising. Even though it is a form of advertising, Ms. Tietjen stated there are gray areas as to whether or not it can be considered a sign. Commissioner Schwartz recalled that the Committee did not reach a decision on that issue but it was agreed that it was a gray area. Commissioner Irving asked whether or not signs announcing school activities or announcements would that fall under the sign ordinance. Mr. Lindahl stated those type of signs would be classified as temporary signs under the ordinance and no changes are proposed to those type of signs. He further gave a summary of the temporary sign standards. Commissioner Irving asked what procedures are taken if the sign is up longer than the 10 days allowed. Mr. Lindahl replied that the City has an inspection process that staff conducts. Chairperson Messner stated that walking pizza signs would be tough to regulate. Commissioner Schwartz stated it may be premature in trying to figure out whether or not a human body can be a sign. She further stated she would like to readdress the 5 -10 minute display time of electronic signs. She stated that changeable signs are distracting for motorists and feels the committee did good work in coming to a more forward looking decision than some of our neighboring communities while still protecting our citizens. Chairperson Messner thanked all who served on the sign committee. The public hearing was opened at 8:38p.m. There were no public comments. MOTION by Schwartz to close the public hearing. Second by Irving. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 8:39p.m. MOTION by Messner to recommend the City Council approve the sign ordinance amendment. Second by Schultz. Ayes: 5. Nays: 0. Motion approved. As follow -up, Mr. Lindahl stated that this item will go before the City Council at the next regularly schedule meeting on June 2, 2009. SIGN COMMITTEE MEETING MINUTES MAY 13, 2008 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the regular meeting of the Sign Committee was held on Tuesday, May 13, 2008. The meeting was called to order at 6:40p.m. with Commissioners Messner, Schwartz, Palda, Howell and Schultz present. Also in attendance were City Attorney Mary Tietjen, Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. Council member Shoe Corrigan arrived later. Introduction. Election of Chairperson and Vice Chairperson. Council Member Shoe Corrigan was nominated as Chairperson. Planning Commissioner Schwartz was nominated as Vice Chairperson. Sign Ordinance Committee Timeline and Process. Planner Lindahl gave an overview of the process and expectations of the Sign Committee over the next year, including the following steps: (1) introduction to sign ordinance; (2) assessment of Rosemount's sign standards; (3) engagement of the public in reviewing the proposed revisions to the sign ordinance; and (4) formal review and approval process. Zoning Powers and Sign Regulations Mary Tietjen, Kennedy Graven. Mary Tietjen, City Attorney with Kennedy Graven, gave a presentation on the rules and regulations relating to signs. Types of regulations include (1) content based; (2) content-neutral; (3) time, place and manner restrictions. Ms. Tietjen recommended staying away from content based regulations; they are hard to uphold in court. Commissioner Messner asked if time and temperature regulations are content based. Ms. Tietjen replied that cases have said that even though restrictions on time and temperature technically deal with content, it is so benign the courts have found it okay to regulate. She further stated that allowing that type of sign has no negative impact on the community. Ms. Tietjen added that she knows of no case law on gas station signs, but that they would probably fall in the same category. Ms. Tietjen continued her presentation with two different types of speech commercial and non commercial and explained the different between the two. The next topic of Ms. Tietjen's presentation was regarding off premise signs. She stated that courts have upheld prohibiting off premises advertising signs. However, she stated the City needs to consider the following if allowing off premise signs (1) could be risky if limiting it to real estate signs, if you allow for one, you need to allow for all; (2) any of those signs allowed could be substituted for a non commercial signs; [(3) what limitations to place on off premise signs. SIGN COMMITTEE MEETING MINUTES MAY 13, 2008 PAGE 2 Commissioner Schultz questioned signs not specifically stating "for sale" but the intent to sell is known. Ms. Tietjen stated if you know they are selling the item, it is still considered commercial activity within a residential neighborhood and that regulations limiting this type of activity are based on the zoning district in which the sign is located and not the content of the sign's message. Ms. Tietjen continued with electronic signs and stated the City has three exceptions which should be okay. However, she recommended that any reference or restriction to the type of messages that may be displayed be removed. Ms. Tietjen stated that some cities have banned electronic signs completely, some have regulated how often the message can change, and the brightness of the sign. The final topic of Ms. Tietjen's presentation was with respect to crucial components an ordinance should contain and things to avoid, including the following: (1) statement of purpose; (2) procedural standards; (3) substitution clause; (4) severability clause; (5) political signs (6) no content regulation. Ms. Tietjen concluded by stating that all five items were addressed in the first phase of the sign ordinance update completed last November. Commissioner Schultz stated that while the Sign Committee examines the ordinance, it is important to her to keep the City looking decent, but at the same time, be fair to local business owners. Ms. Tietjen confirmed that regulations can be by aesthetics only. Council member Shoe Corrigan added that zoning districts need to be considered while restricting. Off Premise Signs (right -of -way, real estate, even, commercial activity) Planner Lindahl reviewed the letter from Charlie LeFevere, City Attorney from Kennedy Graven regarding off premises signs. Mr. LeFevere raised the following issues for the City to be aware of: (1) equity between different types of signs, what is allowed and what is not; (2) permission or authority of property owner to install the off premise sign; (3) commercial vs. non commercial speech. Standards and Enforcement Policies from Other Communities Planner Lindahl reviewed a table provided in the packet on off premise and right -of -way regulations from other communities, including the enforcement policies of each community. Commissioner Schwartz questioned the policy of one community who has staff retrieving signs weekly that are in violation and whether or not there is a fine for violators to pay to cover the cost to the city. Mr. Lindahl replied that it was not known on Eagan's policy, but that Shakopee's policies are more specific with respect to fees. Commissioner Schultz asked if Shakopee actually enforces that policy and charges the fee. Mr. Lindahl replied that he can do more research on that to find out but assumes they do enforce it. Mr. Lindahl stated that staff needs feedback on which of the following three options the Sign .SIGN COMMITTEE MEETING MINUTES MAY 13, 2008 PAGE 3 Committee wants to use as a standard when reviewing the ordinance. 1. Maintain the city's existing standards and policy. This would require removal of all off premise signs and signs within the right -of -way except Official Signs regardless of topic and would be consistent with five of the fourteen surveyed communities. 2. Maintain the city's existing standards but amend the informal enforcement policy. This could include adopting a policy similar to the City of Eagan which provides uniform enforcement during typical business hours (Monday through Friday 8:00 a.m. to 4:30 p.m.) and as needed enforcement over the weekend by the Police department. Eagan's enforcement policy focuses city staff and resources on Monday mornings when most violations occur. 3. Amend the ordinance to allow some off premise and right -of -way signs subject to permission from the property owner or the person in control of the property and size, height, setback and display time standards. Commissioner Schultz stated that she could not support option #1 and asked Mr Lindahl for an example of option #3. Mr. Lindahl replied that option #3 would allow off premise and right of -way signs but the ordinance would set restrictions on the type of signs allowed as to property and size, height, setback and display time standards and zoning districts. Senior Planner Zweber asked Ms. Tietjen if there was a way to limit off premise signs to businesses within the City of Rosemount. Ms. Tietjen stated her first reaction would be that it would be okay to make that restriction, but she would need to check more into it. Mr. Zweber asked if it could be restricted as to how far or how close the sign could be placed to the particular business doing the advertising. Ms. Tietjen replied that restriction could definitely be made. Commissioner Howell stated she could support option #3, but restrictions would have to be made such as open house or garage sale signs placed on the day of event, compared to builder signs that are displayed for long periods of time. Council member Shoe Corrigan stated the Committee needs to consider how much staff time does the City have to go out on Monday morning to pull signs. Also, she added that she is worried about requiring permission from the property owner. Ms. Tietjen replied to Council member Shoe Corrigan's concern that within the location restriction, the issue may fall within the purpose of the easement where the City wouldn't need permission of property owner. Mr. Lindahl summarized that the Committee does not want to go with option #1, and would possibly want to combine options #2 and #3, with more information on enforcement policies. Commentary Council Members. Council member Shoe Corrigan stated that what she hears most people say is that the City should maintain the small-town feel and signage is part of that. However, the City needs to SIGN COMMITTEE MEETING MINUTES MAY 13, 2008 PAGE 4 clearly define parameters as the community grows. She also stated that the Committee should be educated on electronic reader board signs to stay current on the technology. She further stated she feels the ordinance is outdated and it needs to be brought up to date and be designed to address future issues also. Discussion of Next Meeting. Mr. Lindahl stated the next Sign Committee meeting is scheduled for Tuesday, June 10, beginning with the assessment portion of the process. Council member Shoe Corrigan requested the meeting be moved to a different date due to scheduling conflicts and it was decided to move the meeting to Wednesday, June 4 With respect to electronic signs information, Mr. Lindahl stated that it can all be very detailed to the point of being overwhelming and that Mary Tietjen may need to come to the meeting when electronic signs are discussed. Adjournment. There being no further business to come before this Commission, the meeting was adjourned at 8:28p.m. Respectfully submitted, Kathie Hanson, Recording Secretary SIGN COMMITTEE MEETING MINUTES JUNE 4, 2008 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the meeting of the Sign Committee was held on Wednesday, June 4, 2008. Chairperson Shoe Corrigan called the meeting to order at 6:37p.m. with Council member DeBettignies, and Planning Commissioners Schwartz, Palda, and Howell present. Also in attendance were Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. Planning Commissioner Schultz was absent. Additions to the Agenda None. Consent Agenda a. Approval of the May 13, 2008 Regular Meeting minutes. MOTION by Schwartz to approve the Consent Agenda. Ayes: 5. Nays: None. Motion carried. Old Business a. Off Premise Sign Regulations. Planner Lindahl summarized the off premise sign standards in the current ordinance. Council Member DeBettignies asked for a definition of non commercial signs. Planner Lindahl replied that non commercial signs contain a non commercial message such as an idea or political message, instead of advertising. A discussion took place on whether or not church signs or signs advertising pancake breakfasts would be non commercial. It was stated that it would be cumbersome for the City or police to take time to determine whether or not those sign holders have permits. Planner Lindahl suggested issuing a sticker to permit holders to place on the permitted sign. Further discussion took place on staff responsibility on policing illegal signs and how not to have it become an administrative hassle. Council member DeBettignies suggested that more time be spent regulating home based business signs rather than garage sale or real estate signs. Planner Zweber stated that home based businesses are regulated under the ordinance pertaining to home occupations, not the sign ordinance. In that ordinance, the City allows home occupations but they are not allowed any signs so attention is not drawn to their house. The Committee decided that off premises signs can exist. The next discussion was on performance standards of permitted signs. All members agreed that rummage sale signs can be allowed no more than 120 hours in any eight day period. Planner Zweber asked if there should be a separate temporary sign permit for off premise signs for a certain period and the restrictions could include size, location, etc. A discussion took place regarding the standard of allowing a certain number of signs per intersection. It was decided to have the signs allowed at major intersections only with a distance of a quarter mile between signs. SIGN COMMITTEE MEETING MINUTES JUNE 4, 2008 PAGE 2 Planner Zweber mentioned the issue of Dairy Queen and McDonalds sharing a off premise sign and whether or not those types of signs will be allowed. Council member DeBettignies stated that some businesses off of the main road do not have main road visibility. Planner Zweber suggested allowing shared off premise signs at intersections only and in commercial districts only. Council member DeBettignies requested the ordinance for shared signs in Apple Valley be researched. New Business a. Residential Districts Sign Regulations Planner Lindahl reviewed the standards of both temporary and permanent signs. Commissioner Schwartz mentioned that six feet in height may be too low for real estate signs in the front yard. A discussion on illumination standards took place and the redundancy in mentioning it in other sections of the ordinance. It was mentioned to take out any reference of illumination in the temporary signs section of the residential sign standards. With respect to commercial sign standards, the Committee decided to take out the first bullet having to do with single -two family uses allowed a permanent sign. A discussion took place on the height of signs and the definition of height. The Committee discussed changing the third bullet item of public and institutional uses to change the word "same" exterior decorative materials to "compatible" materials to the principal structure. All committee members agreed with 36 square feet as a size standard. Reports a. Next Meeting Next meeting will be July 8 to discuss the commercial section. Changes discussed at tonight's meeting will be included in packet. Adjournment There being no further business to come before this Committee, the meeting was adjourned at 8:26p.m. Respectfully submitted, Kathie Hanson, Recording Secretary ,SIGN COMMITTEE MEETING MINUTES JULY 8, 2008 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the meeting of the Sign Committee was held on Tuesday, July 8, 2008. Chairperson Shoe Corrigan called the meeting to order at 7:04p.m. with and Planning Commissioners Schwartz, and Howell present. Also in attendance were City Attorney Tietjen, Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. Planning Commissioner Palda was absent. Council member DeBettignies arrived later. Additions to the Agenda None. Consent Agenda a. Approval of the June 4, 2008 Regular Meeting minutes. MOTION by Schwartz to approve the Consent Agenda. Second by Howell. Ayes: 3. Nays: None. Motion carried. Old Business Mr. Lindahl reviewed the staff report and stated that three main topics need to be covered: (1) proposed changes to the off premise sign regulations; (2) Proposed changes to the residential district sign regulations; and (3) proposed changes to the commercial sign regulations. 1. Proposed changes to the temporary off premise sign regulations. The following are the proposed revised standards for off premise sign regulations: All temporary off premise signs are prohibited, except signs in placed from 4:30 p.m. Thursdays to 8:00 a.m. on Mondays. Temporary off premise signs are limited to two (2) signs per real estate listing, event, activity or the like per intersection and to these types of activities physically located within the city of Rosemount. For purposes of the sign ordinance. the term "Intersection" shall mean "A place or area where two or more streets intersect. At least one of these streets shall be classified as a Collector, Minor Arterial, or Principal Arterial in the Comprehensive Plan. Temporary off premise signs are limited to four (4) square feet in size and three (3) feet in height. No temporary off premise sign shall be located closer than one quarter (1/4) mile or 1.320 feet from another sign containing information about the same real estate listing, event, activity or the like except that these signs may be located on the opposite corners of the same intersection. No temporary off premise sign shall be located closer than five (5) feet from the street surface and shall not be located within the twenty -five (25) foot sight triangle of an intersection. With respect to signs only being allowed on main collector intersections, Commissioner Schwartz asked how this affects open house signs because she feels they need to go on other intersections. SIGN COMMITTEE MEETING MINUTES JULY 8, 2008 PAGE 2 Senior Planner Zweber mentioned the purpose of that regulation was to not make the signs available everywhere. A discussion took place whether or not signs could be allowed on the day of the event at any intersection, or allow directional signs anywhere. It was agreed to make an exception to allow signs at any intersection that advertise an event for a limited time of 8 hours or less. 2. Proposed changes to the residential district sign regulations. The following are the revised standards for residential signs: Temporary Signs In all residential districts each property shall be allowed one (1) sign per street frontage limited to 8 square feet and 6 8 feet in height. Thcsc signs shall not bc illuminated. In the agriculture districts each property shall be allowed one (1) sign per street frontage limited to 36 square feet and 6 feet in height. Thcsc signs shall not bc illuminated. Residential Subdivisions having five (5) or more lots are allowed one temporary free standing signs per street frontage of the subdivision. Each sign is limited to 36 square feet and 6 feet in height. These signs shall be removed once ninety (90) percent of the lots are sold. These signs shall be located on private property and shall not be located within any sight triangle. Such signs, if illuminated, shall use only indirect light with the light source fully diffused and aimed toward the ground. Permanent Signs Single or Two Family uscs arc allowed one (1) sign not to exceed 2 square fcct or 2 fcct in height and locatcd on thc property to which thc sign pertains. Thcsc signs shall be s etback a minimum of 10 fcct from all property lints and shall not bc locatcd within any eight triangle. Residential Subdivisions having five (5) or more lots are allowed up to two (2) decorative free standing monument signs per principal entrance to the subdivision. Each sign is limited to 36 square feet and 6 feet in height. These signs shall be located on private property and shall not be located within any sight triangle. Such signs, if illuminated, shall use only indirect light with the light source fully diffused and aimed toward the ground. Public or institutional uses or apartment or condominium buildings are allowed one (1) free standing monument sign per public street frontage. Each sign is limited to 36 square feet and 6 feet in height. These signs shall have a base made of the same exterior decorative materials compatible as with the exterior materials of principal structure on site. The base shall extend from the sign copy area fully to the ground except for architectural relief treatments. Such signs, if illuminated, shall use only indirect light with the light source fully diffused and aimed toward the ground. These signs shall be located on private property and shall not be located within any sight triangle. SIGN COMMITTEE MEETING MINUTES JULY 8, 2008 PAGE 3 Planner Lindahl asked if the proposed changes to the residential district sign regulations were all still agreed to and the Committee members all agreed they were. New Business Proposed changes to the commercial sign regulations. Planner Lindahl revised the changes to the commercial sign regulations. Downtown Design Guidelines: 1. Incorporate the Downtown Design Guidelines' Sign Objective as the objective for all commercial signs. 2. All permanent freestanding signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, the base shall extend from the sign copy area fully to the ground except for architectural relief treatments. Commissioner DeBettignies asked why we have the restriction to signs with pylon type bases in favor of signs with bases that match the building. Senior Planner Zweber replied that it is mainly for aesthetics and compatibility. Planner Lindahl added that it is a standard that more communities are moving towards. It was stated that businesses that currently have non- conforming signs such as pylon signs will not be required to make changes until they choose to expand or change their sign. 3. One permanent freestanding sign per site. Sites with multiple frontages along a public right of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. 4. No commercial subdivision sign shall be located closer than one hundred (100) feet to any other freestanding sign. 5. Wall signs may be locate on any side of a commercial building that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. 6. All permanent wall signs shall be individual channel letters mounted flush with the building or on a raceway that matches the buildings exterior. Box or panel signs are prohibited. A discussion took place on the different colors that could be allowed for raceways behind lettering. The Committee members agreed that a raceway need not match the building exterior as long as it matches the corporate logo or the like. Also, it was agreed to allow some exceptions where a panel emblem can exist as long as it is also attached to the raceway. 7. Allow window signage in all commercial districts limited to 30% of the area of the window but part of the overall wall signage for the site. SIGN COMMITTEE MEETING MINUTES JULY 8, 2008 PAGE 4 8. Develop standards to allow two or more contiguous properties to construct a single shared permanent freestanding sign. The shared sign shall conform to all applicable performance standards for the zoning district in which it is located, except that the size of the shared per nanent freestanding sign shall not exceed 125% of the size of a typical freestanding size in the zoning district in which it is located. All parties must agree to limit their remaining on -site permanent freestanding signs so that the total amount of permanent freestanding signage shall not exceed the total allowed on all sites combined. A discussion took place on whether or not it would be required for businesses to reduce their freestanding sign on the site if they are sharing a sign off premise. The Committee members agreed that all lots are allowed 100 square feet of signage whether or not they share a sign with another business. The proposed changes to the C -1 Convenience Commercial District sign standards and the C -2 Downtown Commercial District sign standards were all agreed to by the Committee members. Those changes are as follows: Changes to the C -1 Convenience Commercial District Sign Standards 1. Establish pedestrian scale freestanding signage by reducing the allowable size from eighty (80) square feet to forty (40) square feet and reducing the allowable height from twenty (20) feet to ten (10) feet. Changes to the C -2 Downtown Commercial District Sign Standards 1. Allow projecting signs in the downtown, subject to standards in the Downtown Design Guidelines. 2. Establish pedestrian scale freestanding signage by reducing the allowable size from eighty (80) square feet to forty (40) square feet and reducing the allowable height from twenty (20) feet to ten (10) feet. Council member Shoe Corrigan shared some pictures she brought of flat signs and other examples of different types of signs. She stated that she'll agree to the panel board restrictions but feels they are fine. Reports a. Next Meeting Next meeting will be August 12, 2008 to discuss reader boards, electronic signs, signs in Business Park and industrial districts. The meeting will start at 6:30p.m. Adjournment: There being no further business to come before this Committee, the meeting was adjourned at 8:52p.m. Respectfully submitted, Kathie Hanson, Recording Secretary SIGN COMMITTEE MEETING MINUTES SEPTEMBER 8, 2008 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the meeting of the Sign Committee was held on Monday, September 8, 2008. Chairperson Shoe Corrigan called the meeting to order at 7:10p.m. with Council Member DeBettignies and Planning Commissioners Schwartz, Schultz and Howell present. Also in attendance were City Attorney Tietjen, Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. Planning Commissioner Palda was absent. Additions to the Agenda None. Consent Agenda a. Approval of the July 8, 2008 Regular Meeting minutes. Correction noted by Council member DeBettignies of two typographical errors on the last page of the minutes. Corrections were so noted. MOTION by DeBettignies to approve the Consent Agenda with noted corrections. Second by Schultz. Ayes: 5. Nays: None. Motion carried. Old Business: None. New Business Planner Lindahl reviewed what the goals and objectives of the Sign Committee are at tonight's meeting. 1. Amend the BP Business Park sign regulations as follows: a. Consolidation of the Business Park sign standards into Section 11 -8: Signs and deletion of all redundant or conflicting text. Most notably this would include deleting the text in Section 11 -4 -15 and changing the height standard in Section 11 -8 from 20 feet to 10 feet. b. Incorporate the Downtown Design Guidelines' Sign Objective as the objective for all business park signs. This would add the following language: "Signs should be architecturally compatible with the style, composition, materials, colors and details of the building which it identifies while differing from signs on surrounding sites and providing a unique identity." c. All permanent wall signs shall be individual channel letters or box signs mounted flush with the building or on a raceway. Panel signs are prohibited. d. No subdivision sign shall be located closer than one hundred (100) feet to any other freestanding sign. Council member Debettignies asked for a definition of channel letters. Mr Linclahl did not bring an illustration example of channel letters to the meeting but gave a brief explanation and different examples of channel letter usage in Rosemount. Council member DeBettignies stated he understood what channel letters were, but that the ordinance should have a stated definition SIGN COMMITTEE MEETING MINUTES SEPTEMBER 8, 2008 PAGE 2 included in the text. Mr. Lindahl also suggested possibly attaching a graphic example to the ordinance for better explanation. 2. Maintain the city's existing standards for electronic dynamic signs. Mr. Lindahl reviewed the staff report including the background of electronic signs; the existing electronic sign standards; the policy question of whether changing the ordinance would be consistent with the City goals and standards; developing sign regulations and legal issues; and a survey of other communities. Mr. Lindahl stated should the city elect to permit dynamic signs with some regulation, the League's memo and SRF study suggest there are at least six specific components to consider, including: 1. Duration of Messages /Speed of Changeover. 2. Mode Type: Motion, Animation, and Video. 3. Brightness. 4. Sign Placement and Spacing 5. Size of Signs: Proportion of Size that is Electronic /Dynamic. 6. Text Size and Legibility: Minimum Size Based on Some Standard (i.e. Speed Limit). Mr. Lindahl mentioned that staff is recommending the sign standards remain the same. Council member Shoe Corrigan proposed to have a discussion on the goal of the City that has to do with electronic signage, rather than get into the specifics this month and come back to next months' meeting to discuss perimeters and specifics. Commissioner Schultz questioned the text on page 8 of the ordinance "without regard to content of the message of the sign" and stated she would be against allowing electronic signs if the City could not at all regulate the type or content of the message. City Attorney Tietjen stated that the ordinance cannot allow or disallow a sign because of the type of message it is portraying, but certainly there is not an absolute right to put anything a person wants on a sign. Commissioner Schultz suggested the Committee look at the broader picture of having different standards with respect to different zones. Council member Shoe Corrigan added that some electronic signs may be appropriate in certain districts, such as business park district but not so appropriate in others such as the downtown district. Senior Planner Zweber asked City Attorney Tietjen if it would be allowed to regulate signs according to district but also where that district is located. Ms. Tietjen responded regulations can not be based on content but may be based on zoning districts or other locational criteria. Council member Shoe Corrigan requested staff to provide more information at the next meeting on the different zoning districts, including road classifications or speed limit levels. Commissioner Howell agreed that the Committee should look at signs in certain locations with specific standards in size, type, color, etc. Commissioner Schwartz stated she feels it is more important what type of street or road the sign is located on than what district it is located in. She stated that it would be difficult to go with a small -town feel standard because there is no one .SIGN COMMITTEE MEETING MINUTES SEPTEMBER 8, 2008 PAGE 3 definition of "small town feel Council member DeBettignies mentioned internal electronic signs and asked if those should also be regulated. He also stated he feels it best to keep standards and restrictions as simple as possible. Commissioner Schwartz agreed with keeping restrictions simple. She stated she believes more in the power of marketing rather than signage. It was agreed among the Committee members that some type of electronic signage could be allowed. For next meeting, staff is to bring more information on different districts, types of streets in each district, and simple characteristics of signs: color, size, how often the message changes, etc. Reports a. Next Meeting Planner Lindahl stated the next meeting will be October 14, 2008 immediately following the Board of Appeals and Adjustments meeting at 6:30p.m. to more fully discuss electronic sign standards. Adjournment: There being no further business to come before this Committee, Chairperson Shoe Corrigan made a motion to adjourn. Second by Council member DeBettignies. The meeting was adjourned at 8:21p.m. Respectfully submitted, Kathie Hanson, Recording Secretary SIGN COMMITTEE MEETING MINUTES OCTOBER 28, 2008 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the meeting of the Sign Committee was held on Tuesday, October 28, 2008. Chairperson Shoe Corrigan called the meeting to order at 6:33p.m. with Council Member DeBettignies and Planning Commissioners Schultz, Palda and Howell present. Also in attendance were City Attorney Tietjen, Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. Planning Commissioner Schwartz arrived later. Additions to the Agenda None. Consent Agenda a. Approval of the September 8, 2008 Regular Meeting minutes. MOTION by DeBettignies to approve the Consent Agenda with noted corrections. Second by Howell. Ayes: 5. Nays: None. Motion carried. Old Business: None. New Business a. Sign Standards of Electronic Dynamic Signs Planner Lindahl reviewed what the Committee agreed on at last month's meeting. Mr. Lindahl then reviewed the current standards of dynamic signs as follows: Section 11 -8 -5.D 1 Electronic Time and Temperature sign. An area not to exceed sixteen (16) square feet within a freestanding or wall sign shall be allowed for display, subject to the sign provisions for the zoning district in which the sign is located. 2 Gasoline Signs. An area not to exceed sixteen (16) square feet within a freestanding sign shall be allowed for continuous display (no flashing, scrolling or other animation) of electronic or non electronic changeable copy identifying current fuel prices in accordance with Minnesota State Statutes Section 239.751. 3 Electronic Changeable Copy Sign. One freestanding electronic changeable copy sign shall be allowed on properties in the PI Public and Institutional District for display of public, noncommercial messages, subject to the sign provisions for the zoning district in which the sign is located. Mr Lindahl then began a discussion on the process of developing regulations for dynamic signs and legal issues related thereto. He reviewed the definition of dynamic signs. There was a brief discussion on whether or not a person holding a sign on the street constitutes a moving sign. City Attorney Tietjen mentioned that there is not a lot of case law on the matter but it would depend on whether or not it's determined a sign or as part of a demonstration. It was mentioned they could be viewed as temporary signs. Mr. Linclahl explained that staff recommends limiting dynamic signs to the C -3, Highway Commercial, C -4, General Commercial, and P Public and Institutional districts. He further explained the signs would be limited to such classification of roads as Minor Arterial or Principal SIGN COMMITTEE MEETING MINUTES OCTOBER 28, 2008 PAGE 2 Arterial roads as designated in the Comprehensive Plan. He gave examples of certain areas. Chairperson Shoe Corrigan asked about Business Park and Mr. Lindahl stated that is something that needs to be discussed. Mr. Lindahl reviewed the speed limits of certain roads and the minimum text size allowed on signs pursuant to the International Sign Association. A discussion took place on why signs would be allowed in some areas, such as the high school, but not others, due to the type of road those places are located on. Chairperson Shoe Corrigan stated that a discussion should take place on whether or not signs should be allowed in Business Park district since a local business owner, Scott Askew, owner of Rosemount Storage, was present at the meeting. Mr. Askew asked why speed limit was a factor as to where signs are allowed. Mr. Lindahl went on to explain the final standards: Operational mode (ranging from static images to scrolling, fading, or other effects to full motion video). He stated that staff is recommending only allowing signs to operate in a static mode. No animation, motion or video displays will be allowed. Size of Dynamic Portion. Mr. Lindahl explained that staff finds that wayfinding should be given significantly more weight than any advertising portion of a dynamic sign. As such, staff recommends that the dynamic portion of any sign not exceed 35 percent of the total area of the sign. Also the remaining 65 percent of the sign cannot have dynamic capabilities (even if it's not used) and each sign can only have one dynamic display. Mr. Askew asked who in his neighborhood would be affected if he put up a dynamic sign since there are no residents that will view the sign and the road is a busy road. He asked why he isn't given the same opportunity as other businesses simply because of where he's located. Council member DeBettignies asked what a dynamic sign would do for Rosemount Storage. Mr. Askew said he could do several things with a dynamic sign, not just advertise for Rosemount Storage, but advertise other events such as football games, hockey games, etc. Mr. Askew stated he sometimes feels that the sign ordinance review is being done simply to make it so he doesn't get an electronic sign. Chairperson Shoe Corrigan suggested having a discussion about whether or not Business Park districts should be allowed signs. Mr. Zweber passed out Comp Plan maps for everyone to view where Business Park districts currently exist and where they may exist in the future. A discussion took place on where Business Park businesses are located and what classification of road they are usually placed on. City Attorney Tietjen stated the right to have a sign is free speech and is protected by law, but not the right to have a dynamic sign which can be regulated by city government. She continued that the City should create a set of standards and live with the result, not begin with the result and work backwards. Mr. Askew stated that even though he is not allowed a sign at this point, he feels the city is making progress with what the committee is doing with the ordinance and is heading in the right direction. SIGN COMMITTEE MEETING MINUTES OCTOBER 28, 2008 PAGE 3 Mr. T.indahl reviewed the remaining standards. Minimum Display Time. Mr. Lindahl explained that staff recommends a minimum display time of 20 minutes, which is the standard adopted by the cities of Bloomington, Eagan and Minnetonka based on their studies. One exception to this standard would be for time, date and temperature signs which the federal court has acknowledged as a justifiable exception to limitations on variable message signs. As such, staff recommends that the time, date and temperature information may change no faster than once every three (3) seconds, provided that the display of this information remains for at least 20 minutes before changing to another display. Brightness. Mr. Lindahl explained that staff recommends using the brightness standard adopted by the Wisconsin Department of Transportation combined with general standards used by the States of Indiana and Ohio. Generally, the rational behind these standards is that a dynamic sign should have the same appearance as a regular sign both during the day and at night. These standards have also been made part of the dynamic sign standards for both Eagan and Minnetonka and are listed below. o No [sign] may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. o No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. o No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. Commissioner Howell asked if the Committee should discuss color options of electronic signs and whether or not standards should be created. Chairperson Shoe Corrigan stated discussion on color should be at the next meeting to allow staff time to do research on the matter. Reports a. Next Meeting Planner Lindahl stated the next meeting will be December 9, 2008 to more fully discuss electronic sign standards and he will provide more information on the color schemes of electronic signs. Adjournment: There being no further business to come before this Committee, Chairperson Shoe Corrigan made a motion to adjourn. The meeting was adjourned at 8:35p.m. Respectfully submitted, Kathie Hanson, Recording Secretary ,SIGN COMMITTEE MEETING MINUTES DECEMBER 9, 2008 PAGE 1 Cali to Order: Pursuant to due call and notice thereof, the meeting of the Sign Committee was held on Tuesday, December 9, 2008. The meeting was called to order at 6:40p.m. with Planning Commissioners Schultz, Palda and Howell present. Also in attendance were Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. Council Member DeBettignies arrived later. Chairperson Shoe Corrigan and Planning Commissioner Schwartz were absent. Additions to the Agenda None. Consent Agenda a. Approval of the October 28, 2008 Regular Meeting minutes. MOTION by Howell to approve the Consent Agenda with noted corrections. Second by Schultz. Ayes: 3. Nays: None. Motion carried. Old Business: None. New Business a. Sign Standards of Industrial Districts Planner Lindahl reviewed what the Committee agreed on at last month's meeting partici standards for the color of dynamic signs. Staff suggests the Committee adopt the following standards related to the use of color within dynamic signs: Color. Dynamic signs may use multiple colors within the display but the use of color shall not create a hazard to the public health, safety or welfare. No portion of the display may change in color or color intensity in any manner. Each line of text shall be uniform in color. Mr. Lindahl then reviewed the current standards of the industrial district. These standards outline regulations for the five (5) types of signs allowed in these districts. 1 Wall signs. Wall signs not exceeding twenty percent (20 of the total area of the wall on which the signs are affixed. 2 Freestanding Signs. One freestanding sign for each principal structure not exceeding one hundred (100) square feet nor twenty feet (20') in height. 3 Subdivisions Signs: For the purposes of creating identity in planned subdivisions, in addition to other freestanding signs allowed by this chapter, one freestanding subdivision identification sign shall be allowed limited to one hundred (100) square feet and twenty feet (20') in height. Subdivision identification signs shall only be permitted on property within the subdivision being identified which is situated on a principal or minor arterial as identified in the city of Rosemount comprehensive guide plan. Furthermore, subdivision identification sign shall be situated closer than one hundred feet (100') to any other permitted freestanding sign. 4 Temporary signs subject to the standards in Section 11- 8 -5.G. SIGN COMMITTEE MEETING MINUTES DECEMBER 9, 2008 PAGE 2 5 For Sale or Lease signs subject to the standards in Section 11- 8- 4.B.6. Mr. Lindahl then reviewed the changes to the industrial district sign standards that staff recommends. 1. Incorporate the Downtown Design Guidelines' Sign Objective as the objective for all industrial park signs. This would add the following language: "Signs should be architecturally compatible with the style, composition, materials, colors and details of the building which it identifies while differing from signs on surrounding sites and providing a unique identity." 2. All permanent freestanding signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, the base shall extend from the sign copy area fully to the ground except for architectural relief treatments. 3. One permanent freestanding sign per site. Sites with multiple frontages along a public right of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. No permanent freestanding sign shall exceed ten (10) feet in height. 4. No industrial subdivision sign shall be located closer than one hundred (100) feet to any other freestanding sign. 5. Wall signs may be located on any side of an industrial building that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. A discussion took place about the compatibility standards in Standards No. 1 and 2. Council member DeBettignies asked for the definition of a "permanent free- standing sign Mr. Lindahl explained that a "permanent free- standing sign" is a sign identifying a business that is separate from the signage on a building such as the clock tower sign outside of the Rosemount Market Square. Council member DeBettignies stated that some people may think "free- standing" means portable and not affixed to anything, on wheels, staked in the ground, or some other type of sign. Mr. Zweber asked if there were any issues to the 10 feet height restriction and there were none. Council member DeBettignies asked about the temporary sign at A Cat and the Fiddle and whether or not it was allowed. Mr. Lindahl replied that he recently sent a violation letter for that temporary sign. All members were in agreement to go with the standards proposed. SIGN COMMITTEE MEETING MINUTES DECEMBER 9, 2008 PAGE 3 Reports a. Next Meeting Planner Lindahl stated the next meeting will be January 13 to review the ordinance and then the ordinance will go to a Council work session in February. The ordinance will be taken to the Chamber of Commerce meeting in March so there will not be any Sign Committee meeting in March. The Planning Commission and City Council will be looking at the comprehensive plan in March. Staff will hold an open house in April for the community to review the ordinance. The Planning Commission will hold a public hearing in May and the ordinance will tentatively go to the City Council for approval at the end of May. Adjournment: There being no further business to come before this Committee, Council Member DeBettignies made a motion to adjourn. The meeting was adjourned at 7:25p.m. Respectfully submitted, Kathie Hanson, Recording Secretary SIGN COMMITTEE MEETING MINUTES JANUARY 13, 2009 PAGE 1 CaII to Order: Pursuant to due call and notice thereof, the meeting of the Sign Committee was held on Tuesday, January 13, 2009. Council member Shoe Corrigan called the meeting to order at 6:31p.m. with Planning Commissioners Schultz and Schwartz present. Also in attendance were Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. Council Member DeBettignies and Planning Commissioners Palda and Howell were absent. Additions to the Agenda None. Consent Agenda a. Approval of the December 9, 2008 Regular Meeting minutes. MOTION by Schwartz to approve the Consent Agenda with noted corrections. Ayes: 3. Nays: None. Motion carried. Old Business: None. New Business a. Review and Recommendation of Draft Ordinance Planner Lindahl explained that staff is requesting the Committee assess the proposed changes to the sign ordinance and make a motion to approve the draft. The draft will then be forwarded to the Planning Commission and City Council for action. Mr. Lindahl further reviewed the different sections of the ordinance and the changes proposed. Proposed Changes to Definitions. As a result of the proposed changes to the sign ordinance, a number of changes are also necessary to the definitions section. These changes include the addition of a definition for Dynamic Sign and the elimination of the definition of Changeable Copy Electronic Sign, Electronic Graphic Display, Multi- Vision Sign, and Video Display Sign. Proposed Changes to Prohibited Signs. Similar to the definitions section above, as a result of the addition of standards for Dynamic signs the following prohibited signs may be deleted: Changeable Copy Electronic Sign, Electronic Graphic Display, Multi- Vision Sign, and Video Display Sign. Proposed Changes to Directional Signs. Currently, the sign ordinance fails to address directional signs on commercial, business park, industrial or public and institutional sites. Therefore, staff recommends including these standards in the sign ordinance update. These standards address the size, height, number and location of directional signs. Proposed Changes to Temporary Off Premise Signs. Currently, the city prohibits off premise signs. The intent of these standards is to allow some temporary off premise signs while placing reasonable limits on their time, place and manner. Proposed Changes to For Sale and Lease Signs. The intent of these changes is to establish uniformity in the sign standards for various land uses. These include (1) decreasing the size of these signs in the Agricultural district from 36 to 32 square feet, (2) increasing the height of these signs in residential districts from 6 to 8 feet, (3) decreasing the size of subdivision signs SIGN COMMITTEE MEETING MINUTES JANUARY 13, 2009 PAGE 2 from 36 to 32 square feet, and (4) decreasing the height and size of these types of signs in the public and institutional, commercial, business park, and industrial districts from 10 to 6 feet and from 64 to 32 square feet. Proposed Changes to Residential Districts Signs. The intent of the changes to the sign standards for residential districts is to maintain consistency between different land uses. The proposed changes establish a uniform 32 square foot size standard and create the same size and height standards for public and institutional, apartment and condominium buildings. Proposed Changes to Commercial Districts Signs. The proposed changes to the commercial sign standards are divided into groups: overall changes to commercial signs and changes to the individual districts. Highlights include the addition of projecting signs in Downtown and common freestanding signs in the C -3 and C -4 Districts. The proposed changes are based on policies from the Downtown Design Guidelines and focus on standards for sign size, type, design and placement. Proposed Changes to the BP Business Park District Signs. The intent of the proposed changes to the BP Business Park District is to consolidate the sign standards in the sign ordinance section of the code rather than split the them between the BP zoning district and the sign ordinance, incorporate the Downtown Design Guidelines' Sign Objective and establish a height standards more aligned with market conditions. Proposed Changes to Industrial Districts (LI Light Industrial. GI General Industrial. HI Heavy Industrial) Signs. The intent of the proposed changes to the industrial districts sign standards is to incorporate the Downtown Design Guidelines' Sign Objective, adjust the height standards to be more aligned with market conditions, and establish uniform design and placement standards. Proposed Changes to Dynamic (Electronic) Signs. Currently, the City's electronic sign standards limit these signs to time and temperature, gasoline, and public institutional signs. In an effort address changing technology, the City conducted an extensive review of the issues related to dynamic signs and formed the attached draft standards. These standards define dynamic signs and create location, text size, operational mode, sign area, display time, brightness, and color standards. Mr. Lindahl shared with the Committee comments from City Attorney LeFevere regarding a few issues that may arise in future discussions of the ordinance and recommended changes to the ordinance to avoid any legal challenges. City Attorney Tietjen added that the ordinance as currently drafted is secure with respect to statutes but there may be areas in the ordinance where questions or challenges may arise. One recommended change was to delete the standard for prohibiting off premises signs from outside of city limits and instead, adding a standard based on the proximity of the event rather than the geographic location of Rosemount. Mr. Lindahl stated this would change the focus of the standard to the location of the event rather than the content of the sign. This type of standard is more legally defensible. Council member Shoe Corrigan asked why Apple Valley could have a restriction of out -of -city signs. Staff stated they would have to review Apple Valley's sign ordinance to better understand how their restriction is stated. A discussion took SIGN COMMITTEE MEETING MINUTES JANUARY 13, 2009 PAGE 3 place as to what distance would be appropriate to the proximity of the event. Commissioner Schwartz stated her opinion would be no further than the closest arterial road. Another recommended change had to do with the location of the temporary or off premises signs. To limit the placement of temporary off premise signs to only real estate signs and garage sale signs, City Attorney LeFevere suggested amending the section by adding a restriction such as a maximum distance from the property the sign is pertaining to. Senior Planner Zweber stated staff could prepare a map demonstrating different distances to help visualize proximities. With respect to the requirement of obtaining a homeowner's permission before placing a sign on another person's property, Attorney LeFevere recommends adding a section in the ordinance that states that the ordinance is not intended to give any patty the right to place a sign where they do not have the legal right to do so. Mr. Lindahl stated that with the way the ordinance is currently written, any commercial sign may be changed to a non commercial message using the substitution clause. In allowing this, any number of commercial signs could be converted to non commercial messages. Rather than using a complete substitution clause, Attorney LeFevere suggests a standard that provides that each lot that is used for residential purposes may contain one non commercial opinion sign, not exceeding a certain size, in addition to all other signs permitted under the code for that property. Mr. Lindahl noted that a similar standard was part of the original draft ordinance but it was removed by the Committee. Council member Shoe Corrigan agreed to restricting non- commercial speech signs to what is currently allowed for that owner's property. Council member Shoe Corrigan asked if standards regarding the repair and maintenance of signs are included in the ordinance. Planner Lindahl stated that there isn't a specific standard in the current ordinance but it could fall under the nuisance clause. City Attorney Tietjen stated she has seen sign ordinances of other cities that have a specific clause included on maintenance issues. MOTION by Schultz to approve the draft ordinance and forward the draft ordinance to the Planning Commission and City Council for action. SECOND: Schwartz Ayes: 3. Nays: None. Motion carried. Adjournment: There being no further business to come before this Committee, Council Member Shoe Corrigan made a motion to adjourn. The meeting was adjourned at 7:14p.m. Respectfully submitted, Kathie Hanson, Recording Secretary SIGN COMMITTEE MEETING MINUTES APRIL 14, 2009 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the meeting of the Sign Committee was held on Tuesday, April 14, 2009. Council member Shoe Corrigan called the meeting to order at 6:31p.m. with Planning Commissioners Schultz, Schwartz, Palda and Messner present. Also in attendance were City Attorney Tietjen, Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. Council Member DeBettignies was absent. Additions to the Agenda None. Consent Agenda a. Approval of the January 13, 2009 Regular Meeting minutes. MOTION by Schultz to approve the Consent Agenda. Ayes: 5. Nays: None. Motion carried. Old Business: None. New Business a. Review Public Comments to Draft Sign Ordinance Planner Lindahl reviewed the comments received from Rosemount Area Business Council and the Builders' Association of the Twin Cities. These comments were mainly with respect to three issues- minimum display time for electronic signs, changes to the downtown sign standards, and non conforming signs. Minimum Display Time for Electronic Signs Commissioner Schultz stated she felt the 1 -2 minute time period would be distracting but 20 minutes seemed too long. She stated that Rosemount does not have the traffic volume as the City of Burnsville and she would be comfortable with a time limit less than 20 minutes. Both Commissioners Schwartz and Palda stated they would be in favor of a 10 minute time limit. Commissioner Howell stated she would like the signs to be as effective for the business owner as possible if the signs are going to be allowed. Council member Shoe Corrigan stated she feels 5 minutes is too low and would be in favor of 10 -15 minutes. She asked the business owners present at the meeting if they had input on the time limit for messages. Joe Veliz of Rosemount National Bank stated their messages tell people what services the bank offers but it's hard to relay those messages to people if the time limit is 20 minutes because people will not see the entire message. Don Sinnwell, Twin City Homes and Anderson Insurance, stated that there is a lot you can do within 10 minutes and feels 10 -20 minutes is way too long. He stated that no matter how often the message changes, it will change and have the same effect on a person whether it changes every 2 minutes or every 20 minutes. Commissioner Schwartz asked Mr. Sinnwell if there is research on the rate of return for a business based on the time limit for message changes. Mr. Sinnwell replied that he gauges his business's return of investment from incoming customers who tell him how they found out about his business. Commissioner Schwartz stated that the City's first responsibility is to the SIGN COMMITTEE MEETING MINUTES APRIL 14, 2009 PAGE 2 safety of the residents. If electronic signs are allowed to change, there is a possibility that it may create an unsafe situation. She further stated that most of the City's businesses are visited daily and the traffic is mostly local, and therefore, if a sign changes every 20 minutes, a resident will get a different message each time they go by. She stated she would not be in favor of 1 -2 minutes unless she heard of research supporting a benefit to the business of having the time limit that low. Commissioner Palda asked Mr. Veliz how many messages Rosemount National Bank relays in a day. Mr. Veliz replied they maybe only relay three different messages but cannot relay the whole message at one time due to the space restrictions of their scrolling sign. Senior Planner Zweber stated that Rosemount National's sign is of older technology which only allows 25 characters on one line. He further stated that newer technology allows more characters on more lines which would allow more messages to be displayed within the 20 minutes. Council member Shoe Corrigan stated that when creating an ordinance, the City needs to take into consideration future technology and not just signs that currently exist. She then asked City Attorney Tietjen if the ordinance was addressed again in the future and it was decided at that time to change the time limit, whether or not the existing signs would then become non conforming. Ms. Tietjen responded that this issue hasn't been addressed yet legally, but that in her opinion, the City could make businesses comply to the new time limit because it's a performance standard. Council member Shoe Corrigan asked the Committee again what time limit they would all be in favor of. Commissioners Schwartz and Palda stated they would be in favor of 10 minutes. Commissioner Messner stated he would be in favor of 5 minutes and Commissioner Schultz agreed. Council. member Shoe Corrigan stated the Committee will make a recommendation to the City Council of 5 minutes and make note that there was a great deal of discussion before coming to that decision. Change in Downtown Sign Standards The Committee reaffirmed the recommendation to reduce the street signs in the downtown from 80 square feet to 40 square feet and the height from 20 feet to 10 feet. In addition, the Committee approved staff's recommendation to reduce the required base for monument signs from 100% to at least 50% of the width of the sign. Non Conforming Signs Commissioner Schwartz asked for a definition of "expansion City Attorney Tietjen responded that in most cases, "expansion" of a sign would be with respect to the size of the sign height and width. However, Ms. Tietjen stated that "expansion" could be in how the sign is used which issue has not been legally tested or decided. Mr. Lindahl asked the present business owners if they agreed with the current standards on non- conforming signs and both responded in agreement. Mr. Lindahl stated the sign ordinance will go before the Planning Commission at a public hearing on May 12, 2009, and then tentatively before the City Council at the June 2, 2009, meeting. SIGN COMMITTEE MEETING MINUTES APRIL 14, 2009 PAGE 3 Adjournment: There being no further business to come before this Committee, Council Member Shoe Corrigan made a motion to adjourn Commissioner Howell seconded. The meeting was adjourned at 7:23p.m. Respectfully submitted, Kathie Hanson, Recording Secretary ROSEMOUNT CITY COUNCIL WORK SESSION EXCERPT MINUTES JANUARY 9, 2008 2.D. Sign Ordinance Text Amendment, 08 -01 -TA Community Development Director Lindquist stated that staff has prepared a timeline for updating the City's sign ordinance in response to the City Council discussion in late 2007 regarding the Planning Commission's request to review readerboard regulations within the City. Ms. Lindquist stated that staff is requesting Council direction regarding the proposed elements and timeline and whether or not a Sign Committee should be appointed. Council members Shoe Corrigan and DeBettignies volunteered to serve on the Sign Committee. Council member DeBettignies requested that the meetings not be before 7:OOp.m. Ms. Lindquist stated the meetings would be held on the second Tuesday of the month and will probably begin sometime in May. Mayor Droste asked if someone on the Chamber of Commerce should act on the committee. Ms. Lindquist replied that they could come to the meetings but probably did not have to serve. Also, she stated that it may be helpful to have a sign representative present at the meetings and Mayor Droste mentioned there is a sign company in the business park that staff could contact. Mr. Scott Askew was present at the meeting and asked if he could come to the future work sessions regarding the sign ordinances. The Council did not have any changes to the proposed timeline. Excerpt Minutes from the February 11, 2009 City Council Work Session 2.A. 08- 01 -TA: Sign Ordinance Amendment A Memo Summarizing the Draft Sign Ordinance Amendment Approved by the Sign Committee Requesting Initial Feedback Planner Lindahl summarized the process the Sign Committee used in moving forward with the Ordinance Amendment. He also provided a schedule timeline moving forward. Discussion was held regarding the proposed changes to Dynamic (Electronic) Signs. Mr. Lindahl stated the current regulations and provided information on determining the new standards proposed in the ordinance. Further discussion ensued regarding brightness of signs. Staff will research more information about accurately measuring the brightness of electric signs. Community Development Director Lindquist provided the history and proposed changes to the Temporary Off Premise Signs. Discussion was held regarding garage sale signs, car wash signs, open house real estate signs and places where a person serves as a sign. Mr. Lindahl also reviewed the changes suggested by the City Attorney LeFevere from the current sign ordinance to the proposed sign ordinance. Mr. LeFevere provided more information about the free expression sign regulations. Ms. Lindquist stated that staff planned to make the modification as suggested before going out for comment and to continue moving forward with the proposed timeline. Sign Ordinance Update Meeting Schedule Date Meeting Subject January 9, 2008 City Council Introduction Element: City Council appoints Sign Committee and Outlines Work Plan. May 13, 2009 Sign Committee Assessment Element Begins: Priorities, Course and Timeline for the Second Phase of the Sign Ordinance Update Process. Off- Premise and Right -of -Way Signs Regulations and Enforcement Policy. June 4, 2009 Sign Committee Assessment Element: Review Residential Standards July 8, 2009 Sign Committee Assessment Element: Review Commercial Standards September 8, 2009 Sign Committee Assessment Element: Review Business Park and Electronic Sign Standards October 28, 2009 Sign Committee Assessment Element: Continue Review Electronic Sign Standards Dec. 9, 2008 Sign Committee Assessment Element: Review Industrial Signs January 13, 2009 Sign Committee Assessment Element: Review and Approve Draft Sign Ordinance Feb. 11, 2009 City Council Work Session Assessment Element: Review Draft Sign Ordinance and Authorize Distribution for Public Comment March 11, 2009 Rosemount Area Business Council Engagement Element: Present Draft Sign Ordinance and Receive Feedback March 24, 2009 Open House Engagement Element: Open House Present Draft Sign Ordinance and Receive Feedback April 14, 2009 Sign Committee Assessment Element: Review and Comment on Public Feedback May 12, 2009 Planning Commission Engagement Element: Public Hearing Present Ordinance and Receive Feedback. PC Makes Recommendation June 2, 2009 City Council Approval Element: Review Process and Draft Ordinance. City Council to Take Action Honorable Mayor and Members of City Council City of Rosemount, Minnesota IG� Virchow Krause &company AUDITOR'S REPORT ON LEGAL COMPLIANCE We have audited the basic financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Rosemount as of and for the year ended December 31, 2008 and have issued our report thereon dated May 15, 2009. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the State Auditor pursuant to Minnesota Stat. 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Local Government covers seven categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and Tax Increment Financing. Our study included all of the listed categories. The results of our tests indicate that for the items tested, the City of Rosemount, Minnesota complied with the material terms and conditions of applicable legal provisions. This report is intended solely for the information and use of management, the City Council, and state agencies, and is not intended to be, and should not be, used by anyone other than those specified parties. Minneapolis, Minnesota May 15, 2009 Virchow, Krause Company, LLP Certified Public Accountants Consultants An Independent Member of Baker Tilly International