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Work Session Agenda
Tuesday, March 17, 2020
7:00 p.m.
1. Temporary Sign Regulations. Steve Grittman, City Planner presenting
2. Adjournment
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
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MEMORANDUM
TO: St. Anthony Planning Commission
Mark Casey, City Manager
FROM: Stephen Grittman, City Planner
DATE: March 11, 2020
RE: St. Anthony Village – PC Work Session – March 17, 2020
Temporary Sign Regulations
NAC FILE: 323.01
This memorandum is intended to serve as the basis for further review and discussion of
the City’s sign regulations, particularly those related to temporary and real estate sign
displays. As noted previously, the City received a complaint over temporary sign displays
at the Urban Grove property. Under current sign regulations, the City has no provision
for Temporary signs, although several properties around the community have various
displays (some of which are commercial in nature, and some of which are specifically
related to real estate sales or leasing).
The Planning Commission had planned to discuss the material at a work session format
prior to the regular meeting on March 17. However, a separate work session is already
scheduled for that time, beginning at 5:30pm. The material presented here is provided
for additional discussion in work session format, if time allows after the first topic, or in an
extended work session following the regular meeting at 7:00pm.
At the meeting of February 18, the Planning Commission asked for additional
comparative information from other communities. Staff has provided this information
from Edina and Mendota Heights for review. In addition, the Commission requested that
staff prepare a starting point for ordinance language and standards, to facilitate
Commission discussion. That language has been added to the original material in the
following pages. The purpose of this discussion will be to consider both the policy
aspects of the allowance for temporary signs, and potential regulations that would apply.
The material that follows is a brief summary of St. Anthony’s general sign regulations,
along with a similar summary of regulations in the adjoining suburban communities of
Columbia Heights, New Brighton, and Roseville. These communities are not offered a s
recommended examples, but only to create a context for discussion. Also included is a
collection of photographs of existing non-permitted temporary signs that exist in the
community.
The effect of the regulations, if adopted, would potentially apply to existing signs.
Although the City has not enforced its prohibition against the existing signs, they have
technically been placed illegally, and would not technically have “legal nonconforming”
rights to remain. The ongoing enforcement issue is one that the City will need to
address separately from any adopted regulations. The expectation with this exercise is
that the City will create regulations that reflect the expectations of the community, and
follow-up will occur as a separate policy matter.
Following is the comparative summary noted above. It is necessarily a summary of
regulations, and there are often exceptions to the general rules, or more specific
standards that are included in the regulations being reported here.
Generally Allowable Signage by Land Use (Number and Size):
St. Anthony Roseville Columbia
Hts.
New
Brighton
Edina Mendota
Heights
Single
Family
6 sf 6 sf 2 sf, 16 sf for
non-res; 8 ft
max ht.
4 sf 6 sf 6 sf
Multi-
Family
50 sf, 8 ft.
ht.
1 @ 50sf, 6
ft. ht.;
1 @ 24 sf, 4
ft. ht.
16 sf, up to 2
per building;
8 ft max ht.
35 sf ground
sign, 12 ft.
ht.; 200 sf
wall sign per
street front
15 sf non-
commercial
speech, plus
60 sf
identification
100 sf, 10
Feet height
Commercial
15% of wall
area; 32-40
sf ground
sign, 8 ft. ht.
1.5 sf per
foot of
building
frontage.
50-200 sf
wall sign, 40-
75 sf pylon;
25’ max ht.
36-64 sf
ground sign,
20 ft. ht.; 200
sf wall sign
16 sf; plus
15% wall plus
80-100 sf
freestanding
50-100 sf wall
Sign plus 80-
100 sf
freestanding
Industrial
2 sf per foot
of building
frontage
(150 sf max);
15% of wall
area
1.5 sf per
foot of
building
frontage.
100 sf wall
sign, 50 sf
pylon; 25’
max ht.
36 sf ground
sign, 20 ft.
ht.; 200 sf
wall sign
1 per
frontage;
plus 80sf
freestanding
50-100 sf wall
Sign plus 80-
100 sf
freestanding
Institutional
32 sf ground
sign, 8 ft. ht.
1.5 sf per
foot of
building
frontage
40 sf per
sign, 2 signs
with spacing
of 75’
32 sf ground
sign, 200 sf
wall sign
1 per
frontage;
plus 80 sf
freestanding
100 sf, 9 feet
height
In considering how to regulate signs, it is important to remember that there are several
limitations that flow mostly from First Amendment jurisprudence relating (mostly) to free
speech. Principles include generally:
• No regulation of content. The regulation must apply equally to any sign display
regardless of the message being conveyed. The Supreme Court has carved out
some distinctions between “commercial” and “non-commercial” messages, but
these are not relevant to this discussion. The City avoids this issue primarily by
permitting every property to have a 6 sf (square foot) sign – property owners may
display any message on that sign, including opinion messages, “House for Sale”,
or pretty much any other message.
• The City may regulate “Time, Place, and Manner” issues. This is a general First
Amendment protection that allows the City to create non -content-based
regulations around the way that sign messages are displayed. So, the City can
place limits on sign duration, or sign size, or sign location, or sign design (such
as architectural elements, etc.).
It is permissible to specify materials, and to limit illumination, or require a permit.
It is also permissible to distinguish between sign allowances based on zoning
district or land use. Thus, the City can allow or prohibit temporary signs in
different districts, and/or create different size, location, or duration requirements
based on zoning district.
• The content-based aspect raises a particular issue with “Real Estate Signs”.
Under this principle, it is not permissible to allow a sign, but limit it to say “House
for Sale”, or “Apartment for Lease”, etc. If you allow the sign, of whatever size or
location, you have very little flexibility in managing the content.
Most cities, if they allow additional real estate signage, do so b y specifying that
an additional sign is allowed while a property is for sale or lease, without
specifying that the message has to be related to the real estate transaction.
Thus, a building with office space for rent would be allowed a sign, but they could
display a message unrelated to the leasing. The City just presumes that this is
an unlikely exception.
• An exception to the most significant limitation on content-based regulation is that
the Court has allowed cities to distinguish between on-premise and off-premise
sign regulation. In the strictest sense, if a property owner can display a sign of a
certain size and duration, theoretically they should be able to say “Shop at
Walgreens” on their sign, even if the sign is located on a neutral property
unrelated to Walgreens. That is, the only way to know whether the sign is
violating a prohibition on off-site signage is to read the content of the sign.
However, the Court has found that this form of regulation raises other legitimate
concerns that permit the content-based restriction.
Issues to consider:
• Should the City permit temporary signage generally?
• If so, should the City call out Real Estate Signs as a separate category?
• What types of limitations should be considered for materials?
• What sizes of temporary signs should be considered?
• How should the rules be administered (permitting, enforcement, etc.)?
If the City chooses to accommodate temporary signs, we should be sure to consider:
Duration. How many days per display or per year should be allowed? For Commercial,
Industrial, and Institutional property, staff would propose a maximum duration of 30
days and one permit per calendar year. Multiple permits and displays complicates
administration and enforcement. The single period or 30 days creates an
accommodation for commercial displays without cluttering the landscape.
Use. Should the City allow temporary signs ONLY during periods when the subject
property is for sale or lease? Staff believes that the current allowance on single family
property of one 6 sf sign provides an opportunity to announce a property for sale. For
Multi-tenant buildings (apartments or commercial centers) where real estate is routinely
for lease, staff recommends an increase in the permanent wall-mounted signage – a
building owner can choose to provide leasing information, or additional identifi cation
signage it the owner’s discretion.
Materials. Should the City require that temporary signs be made of rigid materials, or
should the City permit such signs to be printed and displayed on “banner” materials?
Staff would recommend rigid materials. This would eliminate the use of banners
materials that wear poorly, such as the “feather” signs.
Size and Number. What size should the temporary signs be required to meet?
Methods would include a “one size fits all” approach, sliding scale based on building or
lot size, quantity based on the number of street frontages. Staff would recommend a
“one-size” approach for Multi-tenant, Commercial/Industrial, and Institutional properties
to simplify administration. For size, 32 square feet accommodates a sheet of plywood
with a message printed on it, without requiring special construction.
Design. Should the City allow portable signs to serve as temporary signs? Portable
signs typically include the trailered changeable copy signs that are rented for certain
periods. However, there are various other types of temporary sign methods including
“feather” signs and other signage that is embedded in the ground. Staff does not
recommend the portable, trailered signs.
Illumination. Should illumination be allowed or prohibited? Staff recommends that no
separate illumination be permitted.
Location. What setbacks or other limitations should be imposed on temporary signs?
Staff recommends that temporary signs be either wall-mounted, or if free-standing,
located no closer than 10 feet from any property line, or within any right-of-way or public
easement. This should ensure that such signs do not interfere with public street and
utility maintenance, and should avoid interference with traffic visibility.
Off site. Should the City consider the allowance of off-site temporary signs? (These are
usually employed for real estate sales purposes, but also often include garage sales
and similar events). Staff recommends that off-site signs not be permitted.
Proposed regulations.
In reviewing the City’s existing sign issues and the notes above, the following
regulations are proposed:
Temporary Signs.
15.03 Definitions
TEMPORARY SIGN. Any sign, banner, pennant, valance or advertising display
constructed with light materials with or without frames intended to be displayed for a
limited time only.
155.10 Requirements and Regulations
(A) Temporary Signs.
(1) The purpose of this section is to provide for certain temporary signage in addition to
the permanent signage and non-commercial signage allowed on any parcel elsewhere in
this Chapter 155.
(2) Temporary signs must be constructed of a rigid, durable material, and placed on a
building wall or as a freestanding structure, for a single period each calendar year, and
limited to no more than 30 days for each period.
(3) No Temporary Sign Permit shall be granted for any property that currently displays
more than the allowed amount of permanent signage on the property.
(4) Any Temporary Sign shall meet all other requirements of this Chapter 155.
(5) Applicants for a Temporary Sign Permit must request a permit on a City form for such
purpose, and supply the following information:
(a) Proposed size and dimensions of sign.
(b) Dates of display (up to one permit per year, no more than 30 days duration).
(c) Materials to be utilized for sign construction, including support structures if
applicable.
(d) Method of attachment to building wall, if applicable.
(e) Site Plan illustrating dimensions from property lines and other site improvements.
(f) Inventory of existing signs and sign sizes on the subject property.
(B) Temporary Sign District Allowances
(1) In any R-1, R-1A, or R-2 District, no additional temporary signage shall be permitted
beyond the allowed 6 square feet of sign display per Section 155.23 (B).
(a) An Institutional use in an R-1, R-1A, or R-2 District, such as a School, a Public
Park, a City Building, a Religious Institution/Place of Worship shall be permitted
one temporary sign display per calendar year, of up to 30 days in duration. Such
sign shall be no greater than 32 square feet in area, and shall be mounted on the wall
of a building, or be freestanding, but no closer than 10 feet from any property line or
right of way.
(2) In any R-3 or R-4 District, no additional temporary signage shall be permitted beyond
the allowances for the District per Section 155.30. It is the intent of that Section that
additional sign allowances have been made to accommodate the need to announce current
sales or leasing, or any other messages desired by the owners of said property.
(3) In any C or LI District, one temporary sign display per calendar year, of up to 30 days
in duration shall be permitted. Such sign shall be no greater than 32 square feet in area,
and shall be mounted on the wall of a building, or be freestanding, but no closer than 10
feet from any property line or right of way.
155.30. District Schedules
(A)(2) R-3 and R-4. Each multiple dwelling complex (9 or more units) allowed one
freestanding sign identifying the complex. The sign may not exceed 50 square feet in sign
surface area. The sign structure, including the sign surface area, may not exceed 150
square feet in area. The highest point of the sign may not be more than 8 feet above ground
level. In addition, each such complex shall be allowed one wall sign of up to 50 square
feet, provided such sign meets all construction and materials requirements of this
ordinance.
Photos - Residential (Real Estate)
Photos – Commercial/Institutional