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HomeMy WebLinkAbout2.a. Off Premise Sign Discussion ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Work Session Meeting Date: March 18, 2008 AGENDA ITEM: Off Premise Sign Discussion AGENDA SECTION: Discussion PREPARED BY: Kim Lindquist, Community Development AGENDA NO. Director 2 4 ATTACHMENTS: Memorandum from City Attorney dated APPROVED BY March 13, 2008 RECOMMENDED ACTION: Provide Staff Direction BACKGROUND At the last City Council meeting several builders came expressing concern about the City's enforcement of the sign ordinance relating to off premise signs. The Code Enforcement officer has been enforcing the ordinance regarding signs during the weekends when the CSO's have been documenting non compliant signs. Many of the builders have received 2 or 3 letters and the final violation will lead to issuance of a citation. DISCUSSION There are a variety of issues posed by changing the off premise advertising portion of the ordinance. The City Attorney has provided a memo which primarily deals with the legal issues associated with off premise signs. The other issue, briefly raised is more philosophical, should builders be allowed to have off premise advertising when city businesses do not. Or if all should be allowed, is the Council comfortable with the amount of signage that could occur should the ordinance be amended. Staff is looking for direction from the Council. Also attached are some sample ordinances and an email recently received from John Adams of Continental Signs. The ordinances do not reflect a review of ordinances in the immediate area but are just examples provided by a member of the audience at the last Council meeting. 03 -13 -08 11:19 From- Kennedy Graven +6123379310 T -871 P.002/004 F -088 Offices in 470 1.1.S. Bank Plaza K ennel 200 South Sixth Street Y Minneapolis Minneapolis, MN 55402 (612) 337-9300 telephone G raven Saint Paul (612) 337 -9310 fax Sr. Cloud http:/ /www.kennedy- graven.enm C H A R T E R E D Affirmative Action, Equal Opportunity Employer CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 Email: cicfeverc®kc nn dy- yt-aven,com March 13, 2008 Kim Lindquist Community Development Director City of Rosemount 2875 145 St. W. Rosemount, MN 55068 Re: Real Estate Signs Dear Kim: At its last meeting, the City Council was requested by several real estate developers to amend the City ordinances to allow off premises advertising signs for properties for sale and real estate developments. You have asked for a letter describing matters that should be considered in. responding to this request. The first factor, which is more a practical and political consideration than a legal one, is that there are other business enterprises in the City, such as the theatre, that have requested amendments to the sign code to allow off premises advertising in the past. If the City allows off-premises advertising of real estate development, it may expect to receive additional requests from other businesses wishing the same consideration. A second factor to consider is that these temporary signs are often placed along the public right -of- way. to some cases, the public authority owns a fee interest in the right -of -way. This is more common in the case of state and county right -of -way. In the case of most city streets, however, the City either has an easement on the real estate for road purposes or the right -of -way is dedicated in a plat as public right -of -way. In either case, the City as road authority has the legal right to improve the roadway within the right -of -way, and by state law utilities are allowed to use the right -of -way as well. However, for all other purposes, the underlying land is owned by the adjacent property, in most cases. The City does not have the legal right, even if it wished to do so, to grant permission to a private parry or business to place signs in the public right -of -way without the landowner's consent. The boulevard area between the improved surface of the roadway and the edge of the right -of -way is subject to the control of the underlying owner, and the permission of the owner should be secured before placing signs either on private property outside of the ri3ht-of-way or property within the right but not owned in fee by the City. Therefore, if the City Council wishes to allow the placement of such signs, I would recommend that a condition be that the placement of the sign in 330286v1 CLL RS215 -4 03 -13 -08 11:19 From Kennedy Graven +6123379310 T -871 P.003/004 F -088 Kim Lindquist Ltr March 13, 2008 Page 2 that location is authorized by the owner of the property or the property adjacent to the public right of -way. If the City Council wishes to amend the sign ordinance to allow such signs in certain cases, a number of regulations or limitations should be considered, including: 1. The size and height of signs. 2. Protection of sight triangles at intersections. 3. Setbacks from the edge of the improved surface of the roadway. 4. Whether such signs are permitted, subject to regulations, without a permit, or whether a permit will be required. 5. Limitations to prevent dusters of signs at a single location. This could include a limitation on the number of signs on a single PII) or requiring a certain spacing between signs. 6. Limiting the permitted distance between the property being sold and the sign. 7. Limiting the total number of signs that can be placed for a single property sale. 8. Limiting the type of roadway on which signs may be placed or requiring that they be placed only at intersections. 9. Restricting the hours and days of the week when such signs may be erected. 10. The purpose or intent of the sign_ The regulation of signs also raises First Amendment issues. In general, the government has more latitude in regulating commercial speech than in regulating free speech on non commercial subjects. One of the problems public bodies face in regulating signs is that the courts do not favor sign regulations that "tum the First Amendment on its head as the courts have said, by giving a preferred position to commercial speech over non -commercial speech. Therefore, for example, if the regulations allow the placement of an unlimited number of off-premises advertising signs over the weekend on a given piece of property, the City may not be able to regulate the content of those signs, restricting it only to commercial speech- In other words, if the ordinances allowed 20 signs on a property advertising a development in the area, it may be difficult to defend an ordinance that does not provide an opportunity for persons wishing to express a non commercial message (such as pro life or pro or political or religious signs) to the same extent. The question will be whether the City's regulations as to time, place, and manner, of communication by use of signs is reasonable, non-discriminatory, and provides a reasonable opportunity for the free expression of ideas. In this balancing test, it seems to me that the more expansive the rights given to off-premises, commercial speech, advertising signs, the greater the need will be to provide the opportunity for free speech expression through the same media Therefore, if the Council wishes to proceed with an ordinance amendment allowing such signs, we will have to be mindful of' the need to provide an adequate outlet for free expression of non commercial messages through signs as well. 330286v1 CLLRS2IS -4 03 -13 -08 11:19 From Kennedy Graven +6123379310 T -871 P.004/004 F -088 Kim Lindquist Ltr March 13, 2008 Page 3 Let me know if you have any further questions on this. Very truly yours, Charles L. LeFevere CLL:peb 33028Gv1 CLL RS215 -4 Page 1 of 2 Lindquist,Kim From: Jeff Adams jadams @displayheadquarters.com] Sent: Tuesday, March 11, 2008 2:44 PM To: Lindquist,Kim Cc: Tom Bakritges; John Bruellman; Joe Boatman Subject: Rosemount Directional Program Continental Sign Kim Lindquist Community Development Director 651 322 -2020 Good afternoon Kim, Thank you for taking my call this morning regarding the work meeting on 3/18/08 in Rosemount. As we discussed, we have signage programs that have been in place for years that are now being constrained from being implemented. We certainly are encouraged by having an open forum to discuss the ramifications to our customers, builders and developers, your community in regard to business signage and to your larger community that looks to development of businesses and housing for a strong local economy, As! mentioned, we have the following comments from builders in Rosemount that are feeling the effects of the ordinance enforcement. And per builder #2, if you enforce the code for the Parade of Homes as John Kendall, Building Inspector has told me he is instructed to do, they will also have reduced traffic in their area, or so it is assumed. I will watch for the agenda notification for the meeting next Tuesday, 3/18/08. Thank you for your interest. Builder 1. "(0)ne of every three buyers that purchase a home in our two Rosemount communities tells us they found our neighborhood through our directional signs. This represents a significant number of sales in the City of Rosemount just from one builder. More important to the City should be the reduction of future homeowners: people who pay property taxes, spend money at local business and such. Perhaps having builders track the difference in traffic this weekend, when we will have no signage, in comparison to the previous week and then estimate the number of sales lost might make them more aware of the importance of having these signs. Thank you. Builder 2. Last year, we received 31% of our prospect traffic from directionais and 13.4% of buyers. Last week, we had only parade directionais in Rosemount. Our Rosemount neighborhood has not suffered a loss in traffic since the removal of the directional signs, but I feel that we would see a large decline if it weren't parade season. Jeff Adams VP Sales Service Continental Sign 6400 Bunker Lake Blvd Ramsey, MN 55303 Direct Dial 763 -746 -1106 3/13/2008 �"�!R eve �`v. VJ'\� 2, L\! \`,C c.ct 7 �cL �y \'C \�SS a\ 1 *y 3. Grand opening /re- opening banners may be affixed to a building or displayed elsewhere on the property in compliance with all applicable lot or setback requirements. 4. Shall only be displayed upon the issuance of a temporary sign permit. C. Project Signs. One (1) temporary unilluminated identification sign identifying the name of the project, architect, engineer, contractor and/or financing agency may be installed at a construction site in any zone for the period of construction only. Such sign(s) shall not exceed thirty -two (32) square feet in area and shall be removed within seven (7) days following the issuance of a certificate of occupancy. A temporary sign permit is not required. All project signs shall complete with all applicable lot and setback requirements. D. Real Estate Open House and Directional Signage. Real estate open house and, directional signage is allowed without the issuance of a temporary sign permit, and in compliance -with {he- following- 1. Signs shall not exceed four (4) square feet in area per side; ii i 2. Signs shall not exceed three (3) feet in height: 3. At intersections, one open house sign or project directional sign shall be permitted 1 per approach to the intersection, and each sign at an intersection shall be located outside i the thirty (30) foot sight triangle for the intersection. 4. All real estate open house and directional signs shall be located no less than five 1 (5) feet from the edge of a street; 5. Signs may be displayed from six (6) p.m. Friday until eight (8) a.m. the following Monday morning. (Re- number accordingly.) Section 2 Bffeetiv -e -late _'Lhais ordinance -fronand after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 2004. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of 2004. G: 1CC \2004112- 211TA- signs_ord718.doc 3 03/22X02 FRI 15:04 FAX 612 996 9095 WILSON MGT LTh Z 001 MAC -22 -2002 FRI 01:51 PM CITY OF BUFFALO FAX I10. 763 682 6376 P. 02 An -rmit ma be 'rented for no more than fo r 4 onsecutive dais of disptav, nor shall anv.bu oS i rooerty granted more an o ej1_1 sucks permit luny thirt 30 •eriod. Eac •ermit l.a allow u• to o 2 0.--0- siczns In different locations. v. Each sign ermitt ©d shall have a weather_ag ant sticker attached to the sign indicating the c�ermitt e's n l tele• one number ••roved I. -ti•n and dates o .is•Ia Such stick shall. be suovil_ Y the appli nt.. vi, No permit shall be granted for oran p 1 h i n within hr -e h _ndred 300 feet of a othe off- itemise. t.. oracv si-9r1 Section 2. Chapter 13, Section 13.08, Subd. 1.1. is amended by adding the following: 4. Offsite. Tern! ora Dire tiona Si•n- e. Res •e -1 u 'ts incl din!, sintik fa 1 two- amil and /or tow house unit o sa or re t ma dis•i- off t •¢rat directional sins It enerall du n• he eriod that -id sits are o.en for in •ectio to .ros•ect ve b e /renters under t follo in onditlonss wl?ich ola any these ovisions o interf-re with the s -fe us- of a •ublic stree ort ail vehiclee, pedestrians bicycAsts or others m be_ V at t he discretion of the_(; Qff= site, temoor si -re owe. Wit 0 t see rrnitwhen related to orgvidincx directions t u ar no its e fc)r sale or ent, and oxen for inspection. uch s a di l e d MondaV tjrouah, Frida fro n- -.alf our .ri• to o• yin• to Ole-half our after c osin•. For weeken• .e 11. s su sins ma be dis'la no earl' ?1- th :00 rids to 7:00 a n Mi l a b) Signs shall be for th urops Qf Aroykding directi s cY• NQ more than o e si. •er unit. dis.ia e: at a i street 1 tersectiort and si ma dis•I ed =tween int-rsections. c but shalt be ch si be Ic�cat= o h is ri ed e of rr� ent no closer than ten fe t from the curb wti..ee;no curb uch Signs shall lag freestan and shat{ not be a n ter 24 SIGNS* M pp_C�covE, any rock, fence or tree, or on, or in such a manner as to interfere with, any electric light, power, 7 telephone or telegraph wire or pole or any support thereof. (e) Electrical signs. When electrical signs are installed, the installation shall be subject to the state's electrical code as may be amended. (f) Placement of signs on right -of -way or public land. (1) No sign other than governmental be authorized zed n this subsecytionriod of time within or upon any public land except as may (2) Only governmental signs, signs the sale sale real posted in any eight -day period and sign estate between the hours of 6:00 p.m. Friday to 6:00 a.m. Monday sign erected be or in l a hi publ c rght ofiway o -way or easement. No nongovernmental abutting private property unless permission to place such a sign is first obtained from the owner, occupant or other person having control of the abutting private property. sign signs remaining on such property in excess of (3) Any g n other than governmental or placed for any length of time in violation of 120 hours in any eight -day period, subsection (2) of this subsection, may be summarily removed by the city or other governmental agency owning such public right -of -way or easement and, at its discretion, destroyed. (g) Banners, pennants, searchlights and similar devices. (1) The temporary use of banners, pennants, searchlights and similar devices shall require a permit, the fee for which is set forth in chapter 16, article VII. Portable signs and like devices are expressly prohibited. (2) The permit shall be valid for ten consecutive days and shall be prominently d isplayed during the period of its validity. (3) Permits sha!l be available only for proprietors er proprietorship during any 12- and shall be available at the frequency of one permit month period. However, where more than one proprietorship or business uses the same building or parcel, no more than one temporary sign device shall be in place at any one time. The collective total of such businesses may qualify for one permit during any 12- month period. (4) Devices such as banners and pennants shall not exceed 40 square feet. (5) Violations of this subsection (g) shall be resolved as follows: or, if none, the The administrator shall notify the temporary sign, sett forth the p be responsible person he believes to be p sible for violation, corrections required and a 24 -hour time limit for compliance. Failure notify the administrator of a change in permit information, the failure to apply for a permit, or the failure of the sign hallnot be a defense to t Iv olat on of s responsible for the temporary g subsection or an impedimentto the procedures set forth t l period the b. If any violation remains uncorrected at the end of the 24 hour of administrator may, at the expense of the person od be ri dismantled, e remoed or this subsection, cause the temporary otherwise rendered to n low compliance its proper out further notice and in a manner reasonably calculated c. The permit holder or person responsible for the temporary sign may appeal the administrator's notice to the city council, in writing, by filing the appeal with the city clerk within five days of the administrator's notice. The appeal shall be http://library3.municode.com/de 3/5/2008