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HomeMy WebLinkAbout2.B. Sign Ordinace Discussion #d.- CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Sign Ordinance Discussion MEETING DATE: August 10, 2004 CASELOG: NA INTRODUCTION: On June 15,2004, the City Council directed staffto review businesses whose 3.2 percent malt liquor licenses were being renewed for compliance with the city's sign regulations, and to notifY those businesses whose sites were not in compliance that they should come into compliance within 30 days. In accordance with that direction, planning staff visited the sites of the licensees, prepared, and sent letters notifying them of violations, as well as the need to come into compliance. After these letters were received by the businesses, both city staff and council members received numerous calls regarding the letters they had received. In order to respond to the questions, complaints, and suggestions it has received, Council set a workshop to discuss the issues that have been raised. I have prepared this memo with the intent to 1) briefly outline the issues, and 2) provide suggestions for possible changes to the sign regulations that the Council can use as a starting point for its. discussion of the issues. As a member of city staff, I do not assume that the Council will necessarily adopt any or all of these suggestions. ATTACHMENTS: Staff received comments from some of the affected business, and copies of those received prior to preparation of the packet are attached for the Council's information and discussion. DISCUSSION: The principal issues raised in response to the letters are; 1. Whether signs that use neon lighting should be permitted; 2. How much temporary signage (banners, pennants, or others) should be a.Ilowed; for what duration; and whether a permit should be required for temporary signage; 3. What percentage of window coverage by signs should be allowed? Another issue that has arisen in response to the letters that were sent, as well as staff collection of signs the weekend of July 31 st is the proliferation of signs illegally placed in rights-of-way. G:\CC\2004\wkshpsigns0804.doc I In preparation for the workshop, I reviewed sign ordinances from a number of other communities. I tried to select cities that represented a broad cross-section of community types, but which appear to have appearance standards that are generally viewed favorably in the metropolitan area. The cities selected were; . Edina - A developed, first-ring suburban city; . Burnsville - A largely developed, outer-ring suburban city; . Chaska - A former freestanding growth center, now developing suburb (like Shakopee); . Chanhassen - A developing suburban city. Staff review of these ordinances reveals that these ordinances are 1) more specific in some regards, 2) more restrictive in some regards, and 3) more permissive in others (e.g., permitting larger banners, 25 ft. inflatable devices allowed. The relevant provisions of Shako pee's and the selected cities ordinances are reported in the table below. Shakopee Edina Burnsville Chaska Chanhassen Use of neon Prohibited Not permitted Not Only prohibited Not (Sec. 11.70, outside the specifically for residential specifically Subd.2.K.3. permitted sign addressed entrance addressed area for monuments residential monuments; otherwise permitted Temporary One banner or Permitted Banners (no Up to 55 days a Max. size of Signage one pennant during a one- more than 2 at year for a banners = 140 not exceeding week period a time, up to maximum of 10 sq. ft. 32 sq. ft. during the 100 sq. ft.), as times/year; up permitted at a opening of a well as to 30 days for a Max. size of time; business, or as balloons with grand opening; portable signs aggregate an integral a special not to exceed = 32 sq. ft. display time part of the event permit; 32 sq. ft. for of30 days per design of the 5 total special commercial and Max. display year. building event permits public districts period; 30 for 10 days and 125 sq. ft. days for grand Portable signs Portable signs each. in industrial openings, 10 prohibited prohibited districts days (max. 3 Portable signs times/year) prohibited Portable signs for other prohibited occaSIOns. (permits are (permits are required) required) G:\CC\2004\wkshpsigns0804.doc 2 Window May not cover Temporary Window Window signs May not Signs more than signs not signs may not may not cover cover more SO% ofthe addressed; cover more more than SO% than SO% of available permanent than 2S% of of the window the total window area; signs count the window or door in window area Permanent against area on each which it is signs located allowable elevation of a placed on or within signage building; to windows shall be placed on not occupy the inside more than surface of the 10% ofthe glass except available for temporary window area painting Signs in Permitted Permitted Permitted Permitted Signs Permitted Rights-of- SIgnS are; signs are; SIgnS are; are; SIgnS are; way * Street, *Garage sale *Garage sale *Governmental, *Garage sale directional, signs up to 6 signs up to 4 City of Chaska, signs up to 4 and other sq. ft.; one per sq. ft. (to be and projecting sq. ft. (to be governmental frontage (to removed at or canopy SIgnS removed agency SIgnS; be removed at the end of the not exceeding 3 within 2 days * Public the end ofthe sale) ft. intothe after the end announcement sale) . right-of-way ofthe sale) signs for community- Campaign Real estate Real estate wide or free signs signs up to 40 signs up to 16 community sq. ft. (64 sq. sq. ft. and 10 events (to be ft. with a ft. in height removed permit) and (to be within 7 days) 12 ft. max. removed height (to be within 7 days removed 10 of sale, lease days after or rental) closing on the property) Campaign SIgnS Signs on trees, poles, etc. prohibited G:\CC\2004\wkshpsigns0804.doc 3 Neon Lighting: Currently, City Code Sec. 11.70 SIGNS, subd. 2 PROHIBITED SIGNS~ K.3., prohibits the following; "illuminated signs which exhibit any ofthe following:.. . signs containing neon lighting." Staff suggests that an alternative would be to delete Item 3 regarding neon lighting from the City Code. Note that this suggestion is consistent with a suggestion made by several local businesses. Temporary Signage: Shakopee's Zoning Code (at Sec. 11.70, Subd. 5) allows temporary banners and pennants under the following circumstances and conditions; . ".. . for grand opening of business establishments or special events.. .;" . A sign permit is required; . Only one temporary sign permit may be issued at a time; . The banner or pennant cannot exceed 32 square feet in area; . The banner or pennant is to be affixed to a principal structure owned or leased by the business which the sign is advertising; . Such banners and pennants can only be displayed for a total of 30 days per calendar year. Some ofthe businesses reviewed have temporary banners that don~t necessarily advertise a special event or the business per se; have not received a sign permit; are not affixed to the principal structure; and whose display in total exceeds 30 days per calendar year. A suggested change that is somewhat more in line with some of the provisions found in other cities sign ordnances would be as follows; . Allow up to 2 banners or pennants at a time; . Keep the banner size limitation for commercia.! areas at 32 sq. ft.; . Allow a total of 60 days/year for display of banners or pennants, with the length of display of each banner/pennant to be determined by the business, or go with 30 days instead? . Allow the use of other advertising devices, such as balloons~ strings of banners, streamers with a temporary sign permit. Note that a suggestion received from several local businesses would allow year-round display of temporary banners. Window Signs: Two sections of the current ordinance address the limitation on window signs, Sec. 11.70, Subd. 4, LOCATION OF SIGN~ B, and Subd.8~ Commercial Sign Regulations, H. 1- 5. These G:\CC\2004\wkshpsigns0804.doc 4 provisions appear to be in conflict. To avoid any confusion, staff suggests deleting Subd. 4, LOCATION OF SIGN, B. Subd. 8 allows 10% of the window area to be occupied by permanent signs, and up to 50% of the window area to be occupied by signs of any type. Staff suggests a change to that provision that makes it clear that a total of 60% of total window sign coverage is permitted (both permanent and temporary signs). Directional Signage: Earlier this year the Council adopted a $45.00 fee for the recovery of any sign impounded by the City because it was located illegally in a right-of-way. With the numbers of signs collected in the recent sweep, the recovery costs can run into several thousands of dollars. One of the comments received suggests an approach like that used in Minnetonka's code, which allows "open house" signs for a limited period of time over the weekend. Many ofthe ordinances also specifically addressed "garage sale signs," while Shakopee's does not currently address them. Enforcement: Currently the City's ordinance provides for the property owner to be notified by certified mail of illegal signage. If the signage is not removed within 10 days of receipt it is turned over for prosecution. When signs are impounded, they are currently held for 10 days. One ofthe surveyed cities, Burnsville, has adopted a more detailed process for dealing with illegal signs placed in rights-of-way, as follows; 1. Signs are impounded and may be retrieved within 15 days; 2. After 15 days, the signs are destroyed. ALTERNATIVES: 1. Offer and pass a motion to direct staff to proceed with the process of making the following changes to the City's sign regulations; a. Delete City Code Sec. 11.70 SIGNS, subd. 2 PROHIBITED SIGNS, K.3; b. For commercial districts; 1. Allow up to 2 banners or pennants at a time; 2. Keep the banner size limitation for commercial areas at 32 sq. ft.; 3. Allow a total of 60 days/year for display of banners or pennants, with the length of display of each banner/pennant to be determined by the business; 4. Allow the use of other advertising devices, such as balloons, strings of banners, streamers with a temporary sign permit. c. A change that makes it clear that a total of 60% of total window sign coverage is permitted (both permanent and temporary signs). 2. Provide other direction to staff regarding other specific changes it wishes to make in the sign provisions of the zoning code, and direct that the process of zoning text amendment be commenced. G:\CC\2004\wkshpsigns0804.doc 5 3. Provide direction to staff regarding sign code enforcement mechanisms. ACTION REQUESTED: Offer and approve amotion providing direction to staff regarding possible changes to the sign regulations. ~d;~/~~ R. Michael Leek Community Development Director G:\CC\2004\wkshpsigns0804.doc 6 PUllMAN CLUB 124 1st Ave West SHAKOPEE, MN 55379 Phone 612-669-9005 Fax 952-746-7646 August 03, 2004 '-.' - .. - . ,~. City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear R. Michael Leek, I'am a liquor license holder and I formed a discussion group with other liquor license holders in town to come up with suggestions for consideration on the sign ordinance. Present at the meeting, Pullman Club, Babes, Eagles, Riverside, Valley Liquor, Arnies, Turtles others are in support but could not make it. Neon Signage- Take out of ordinance completely. Banners- No longer than 2 weeks on banners. Charity sign exempt from any cost. Unlimited thru out the whole year. Signs are to be well maintenced. A date put on the banner. 1 banner per side of building maximum of2 sides. If we keep the 50% signage it needs to be thru out the whole town, every business. A fine based penality not related to liquor license or any license hold, it need to be for the whole community. What is the ordinace on banners inside our windows, not outside on the building? Sincerely, /:) ilt!f M-J ! /.1AUzu. \:y} · Teresa Hofllnan ..' / Owner of the Pullman Club - Open House Realtor Signs Page 1 of2 Michael Leek From: Michael Leek Sent: Wednesday, August 04,20042:48 PM To: 'Norrell, Debra K'; Mark Noble; Michael Leek Subject: RE: Open House Realtor Signs Ms. Norrell: Thank you for your suggestion. With your permission I wi 11 include a copy in the material that goes to Council for next Tuesday's meeting. I wi 11 also get a copy of the Minnetonka ordinance for reference. Michael Leek Community Development Director City of Shakopee, MN 55379 Phone 952.496-9677, Fax 952.233-3801 e-mail address: mleek@cLshakopee.mn.us -----Original Message----- From: Norrell, Debra K [mailto:DKNorrell@CBBURNET.COM] sent: Wednesday, August 04, 2004 2:47 PM To: mnobJe@ci.shakopee.mn.us; mleek@ci.shakopee.mn.us Subject: Open House Realtor Signs Mr. Noble & Mr. Leek, I was one of the individuals who had my open house signs picked up by the City this past weekend. After conversation with Mark, I submit the following suggestion to be discussed with the City Council at the August 10 workshop!mtg: Perhaps the City Council could look at an ordinance that the City of Minnetonka has in place allowing signs for open houses to be out on Sat/Sun. from 12 noon until 6 p.m. Any signs out AFTER those hours would be in violation of the ordinance and subject to the fine. You can view their ordinance at their city website. I'd be happy to fax the page to you as well if you like. I believe numerous other cities have such ordinances in place, allowing for signs during specific hours, and that our City Council should study this a bit more. Currently, the way our ordinance appears to read, we are being restricted from practicing our trade. Isn't restraint of trade illegal? Open house signs allow realtors to direct potential buyers and potential taxpayers (I) to the home that is for sale. Our clients are expecting to see signs and expect that people will be able to find their home. I totally understand that there are way too many signs out there and it seems there should be a way to limit the signs for each business, keeping in mind that EACH real estate agent is a separate business. It doesn't seem fair that a homebuilder (such as an MW Johnson, DR Horton, etc.) can have 5 or more signs out 24 hours a day!? days a week at numerous locations, yet we, as real estate agents, intend to have signs out for a very small period (Sat/Sun afternoons). We also have only 1 or 2 signs out at a location, not 5 or more. I believe the City Council should amend the ordinance to allow for this type of exception for Sat/Sun signage. Please contact me if necessary! Would you like me to forward this to City Council member 8/4/2004 Open House Realtor Signs Page 2 of2 emails as well? Please let me know! Thank you! And thanks, Mark, for taking the time to explain the ordinance to me! Debbie Norrell, Realtor Coldwell Banker Burnet Ph: 612-418-1163 My address: 2192 Groveland Way Shakopee, MN 55379 Please Note: The Twin Cities Builders Association may be present to address this issue. 8/4/2004 .. {II 'I/o . . . . -\.. ,)nU:1 ';::"II!i~ ~ "I IC' \1') .\'r~ . \1 I.,U . .~ . l:l!l. ~ t 1:~ ~~ r......).) .~. , " II> August 10, 2004 To: Michael Leek Community Development Director From: Mark Erickson Canterbury Park Subject: Sign Ordinance Changes Michael, The Sha.kopee Chamber of Commerce sent out a letter informing its members ofan up coming Sign Ordinance workshop. The letter said all questions and concerns should be written down and sent in advance of the meeting. I apologize for so late of a response, I hope you will have time to review my letter. Here are our concerns. 1. A business liquor license may not be renewed if the business has had any sign violations in the past year. The 2 should be independent issues not tied together in any manner. 2. The number oftemporary banners allowed should take into account the number of special events going on at one time, the size of the property, the amount of linear road frontage, and the number of entrances, 3. The promoters of the events should take out permits for temporary banners. The aggregate time of display of a temporary banner should be tied to the promoter not the facility that rents the property. 4. All signs internal to the facility property not visible to the passing public on a city, county, state public road should be exempt to the sign ordinance. 5. Front of building wall signs for Major Recreation Zones. Two square feet of signage shall be allowed for every linear foot of front building wall with a maximum of200 sq ft. Drop the limitation of200 sq. ft. 6. Non-front ofthe building wall signs for Major Recreation Zones. One square foot of signage for every linear foot of building wall with a maximum of 100 sq. ft. Drop the limitation of 100 sq. ft. Sincerely, ~/l ' ?/7~ ' ~~ Mark Erickson CANTERBURY PARK HOLDING CORPORATION t tOO CANTERBURY ROAD SHAKOPEE. MINNESOTA55379 TELEPHONE 952-445-7223 FAX 952-496-6400 WWW.CANTERBURYPARK.COM Brent Carleton Store Director ti;< ;'CulfEoo'ds!;::('~"A,';' ,i ,':~~:',~ ~ ill" '^ 0 Cub a SUPERVALU company SHAKOPEE FOODS 1198 Vierling Drive East Shakopee, MN 55379 Phone 952-403-1620 Fax 952-403-5926 brentcub@aol.com 1198 Vierling Dr. East ." . '. ~" Sbakopee, MN 55379 " - 952-403-1620 ./i~.}i? :: . ,A'.,t ,,' ~ Fax 952-403-5926 I<~ Date: 8/7/2004 To: Michael Leek From: Brent Carleton Subject: Sign Ordinance An issue that I would like discussed is the warning I got from the City for a Fund Raising group that had a small banner telling our customers what group is doing the cookout in a Coke trailer parked in front of our store. During' the Summer and Fall there are groups that use the Coke trailer for selling . Brats to raise money, every weekend. They are Boy Scouts, Church Groups, etc. Your present ordinance is we are allowed to apply for a permit to have extra signs or banners, but for only 30 days a year. In this case, the cookouts go for about 4 months. I think it is unrealistic to have each group apply for a permit, and also the 30 day ordinance is not very accommodating for these groups. D'we need to apply for a permit for the 4 month season, that is workable. Another suggestion is when the City sends out any future sign violation notices, it would make sense to list what sign is in violation. In my case, you sent a notice out that has an x mark by "Banner Sign Violation". It took about a week for the City of Shakopee to get back to me with au explanation that it was a church group banner that was in violation. In closing, a simple phone call would have corrected any problem we have, we try to run our business according to laws and ordinances, and a letter stating possible suspension of license for non compliance for a Church group banner was not really necessary.Thanks.