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Home My WebLink About5.D.2. Text Amendment to City Code Regarding to Campaign Signs-Ord. No. 833 • CITY OF SHAKOPEE Memorandum CONSENJ CASE NO.: 10 -009 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Campaign Signs MEETING DATE: June 15, 2010 REVIEW PERIOD: Proposal initiated by City staff INTRODUCTION Staff has prepared a text amendment regarding the provisions in City Code relative to campaign signs. A Minnesota State Statute was recently revised to adjust the amount of time that campaign signs can be displayed prior to a general election. City staff is proposing that the language in the City Code be amended to comply with State Statute requirements. The Planning Commission reviewed the proposed text amendment at its June 3 meeting and recommended approval of the amendment to the City Council. A copy of the Planning Commission report is attached for the Council's reference. This item is related to Goal F: Housekeeping. ALTERNATIVES 1. Approve the text amendment as presented. 2. Approve the text amendment with revisions. 3. Deny the text amendment. 4. Table action on this item and direct staff to prepare additional information. STAFF RECOMMENDATION Staff recommends Alternative No. 1, approval of the text amendment, as presented. ACTION REQUESTED Approve Ordinance No. 833, An Ordinance Amending Chapter 11.70 Regarding Political Campaign Signs, as presented, and move its adoption. r� r ie Klima Planner II 1 ORDINANCE NO. 833, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11.70 REGARDING POLITICAL CAMPAIGN SIGNS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1— That City Code Chapter 11 (Zoning) is amended to revise the language as follows (language that is underlined is proposed for addition and language that is stmektlffettgli is proposed for deletion): Section 11.70, Subd. 7. General Regulations. A. Political campaign signs: temporary political signs are permitted according to the following: 1. Display period from thirty (30) days forty -six (46) days before to ten (10) days after an election day. Additionally, signs may remain on display between primary and general elections; 2. Consent of property owner is required; 3. Eight (8) square feet maximum within a residential district; /1. Thirty two (32) square feet maximum within a non residential district; 5. Shall not be placed in the public right -of -way; 6. Shall not be placed on any publicly owned property; 7. Shall be placed at least thirty (30) feet from any street corner and should not in any way obstruct the view of traffic; 8. Sign permits and /or fees are not required. Section 2. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 2010. John J. Schmitt, Mayor ATTEST: Jeanette Shaner, Deputy City Clerk Published in the Shakopee Valley News on the day of , 2010. 2 r CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II RE: Text Amendment Regarding Campaign Signs DATE: June 3, 2010 CASELOG NO: 10 - 009 DISCUSSION City Code Section 11.70, Subd. 7 regulates political campaign signs. The following is the excerpt from that section of the City Code. A. Political campaign signs: temporary political signs are permitted according to the following: 1. Display period from thirty (30) days before to ten (10) days after an election day. Additionally, signs may remain on display between primary and general elections; 2. Consent of property owner is required; 3. Eight (8) square feet maximum within a residential district; 4. Thirty -two (32) square feet maximum within a non - residential district; 5. Shall not be placed in the public right -of -way; 6. Shall not be placed on any publicly owned property; 7. Shall be placed at least thirty (30) feet from any street corner and should not in any way obstruct the view of traffic; 8. Sign permits and/or fees are not required. Minnesota State Statute allows noncommercial signs in general election years to be posted in any size and any number, and was recently revised to allow noncommercial signs to be posted from 46 days prior to the state primary in state general election year until 10 days following the state general election. Therefore, staff is proposing the following changes to the City Code language. Language that is underlined is proposed for addition and language that is ctr-ttektkreugli is proposed for deletion. A. Political campaign signs: temporary political signs are permitted according to the following: 1. Display period from thirty (30) days forty -six (46) days before to ten (10) days after an election day. Additionally, signs may remain on display between primary and general elections; 2. Consent of property owner is required; 3. Eight (8) square feet maximum within a residential district; 5. Shall not be placed in the public right -of -way; 6. Shall not be placed on any publicly owned property; 7. Shall be placed at least thirty (30) feet from any street corner and should not in any way obstruct the view of traffic; 8. Sign permits and/or fees are not required. FINDINGS City Code Sec. 11.83, Subd. 3 provide the criteria required to be met for the granting of a Zoning Ordinance Amendment. Only one of the criteria needs to exist for an amendment to be warranted. These criteria are listed below with proposed findings for the Commission's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is in error in that Minnesota State Statute has been revised. City Code regulations need to be revised to comply with these changes. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not taken place. Criteria #3 That significant changes in City -wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City -wide or neighborhood development patterns have not occurred. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan does not require a different provision. ALTERNATIVES 1. Recommend approval of the proposed text amendment to the City Council, as presented. 2. Recommend approval of the proposed text amendment to the City Council, with revisions. 3. Recommend denial of the proposed text amendment. 4. Continue the public hearing and request additional information from staff. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the proposed text amendment to the City Council, as presented. ACTION REQUESTED Offer a motion to recommend approval of the proposed text amendment to the City Council as presented, and move its adoption. � 464f1 ulie Klima Planner II h: \boaa- pc\2010 \06 -03 \campaign signs 10- 009.docx