Council Memo July 26 2021® 7E
• MEETING TYPE
® REGULAR
City of Shorewood Council Meeting Item
Title /Subject: Approve Amendment to City Code Chapter 1201.03 Regarding
Rules for Campaign and other related Signage
Applicant: City of Shorewood
Meeting Date: July 26, 2021
Prepared By: Marie Darling, Planning Director
Attachments: Ordinance with Amendments Indicated (Redline version)
Planning Commission Memo for July 6, 2021 and attachments
Ordinance 581
Resolution for Summary Publication
Background: During the last election cycle, the City received a number of complaints
regarding the difficulty interpreting the campaign sign rules and the number of signs that
were posted. State law doesn't permit limits on the number or campaign signs, only the
• location.
The Planning Commission reviewed the current rules and made a few
recommendations, but they did not recommend changing the setback from the street
nor prohibiting sign placement in the right -of -way. Attached are the Planning
Commission recommendations. They include:
1. Clarifying the rules by simplifying the language and reorganizing them.
2. Adding definitions.
3. Prohibiting lights from being added to the signs.
4. Applying the clear view triangle rules at corners to prevent signs from
blocking visibility at intersections.
The City Attorney has also reviewed the ordinance amendments and his
recommendations were included in the attached ordinance as well.
The redline version also includes all the sign - related definitions for your reference.
Ordinance 581 only includes the definitions that are changing.
Financial or Budget Considerations: Outside of publication and enforcement, there
is no additional impact to the budget related to this ordinance amendment.
Recommended Action: Staff recommends approval of the ordinance amendment.
• Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership.
Proposed Motidns: Motion to approve ordinance 581 amending Chapter 1201 (zoning •
regulations) related to signs.
Motion to
a resolution for summary publication of the ordinance.
Action on the or finance requires a simple majority vote and action on the summary
publication requ es a super majority vote (4/5).
Next Steps
ordinance.
Timeline: If the ordinance is adopted, staff would publish the
•
•
• ORDINANCE 581
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE APPROVING AN AMENDMENT TO
SHOREWOOD CITY CODE CHAPTER 1201 (ZONING REGULATIONS)
RELATED TO SIGNS
Language stricken is proposed to be removed, language underlined is proposed for insertion.
Section 1: City Code Section 1201.01 (Definitions) is hereby amended to add or after the
following definitions:
1201.02 DEFINITIONS.
SIGN. The use of any words, numerals, figures, devices or trademarks by which anything
is made known such as are used to show an individual, firm, profession or business and
are visible to the general public.
• .SIGN - ADDRESS. A sign communicating street address only, whether script or in
numerical form. In R Districts an address sign may include the name of the resident.
SIGN - ADVERTISING. A billboard, poster panel, painted bulletin board or other
communication device which is used for commercial speech to advertise products, goods
or services which are not exclusively related to the premises on which the sign is
located.
SIGNAREA. The total area of a sign measured at the perimeter of the surface on which
the sign is inscribed. For signs consisting of letters, figures, or symbols applied directly
onto a building or structure, the sign area shall be that area enclosed within the smallest
rectangle that can be made to circumscribe the sign.
SIGN -AREA IDENTIFICATION. A freestanding sign which identifies the name of a
residential housing development, an office or business structure containing two or more
independent concerns; a single business consisting of three or more separate structures
existing on individual platted lots or as a planned unit development; or any integrated
combination of the above. The sign is limited only to the identification of an area or
complex and does not contain the name of individual owners or tenants nor contain
advertising.
.SIGN, BENCH. A sign which is affixed to a bench such as at a bus stop.
• 1 .SIGN - BUSINESS. Any commercial speech sign which identifies a business or group
of busin ses, either retail or wholesale, er any sign which identifies a profession, or is •
used in a identification or promotion of any principal commodity or service, including
entertain ent, offered or sold upon the premises where the sign is located.
SIGN - �AMPAIGN. A temporary sign promoting the candidacy of a person running
for a go mmental office or promoting noncommercial s)eechan issue to be voted on
.SIGN - CANOPY. Any message or identification which is affixed to a projection or
extensioll of a building or structure erected in a manner as to provide a shelter or cover
over the 4pproach to any entrance of a store, building or place of assembly.
.SIGN- (CONSTRUCTION. A sign placed at a construction site identifying the projector
the namelof the architect, engineer, contractor, financier or other involved parties.
.SIGN- I IRECTIONAL. A sign erected on public or private property which bears the
address name or both of a business, institution, church or other use or activity plus
direction I arrows or information on location.
.SIGN- J IRECTORY. An exterior informational wall sign which identifies the names
of busin ( ;ses served by a common public entrance in a shopping center.
SIGN - YNAMIC DISPLAY. A sign or characteristics of a sign that appear to have •
moveme kt 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 i in the display, the sign structure itself, or any other component of the sign.
This incl ides a display that incorporates a technology or method allowing the sign face
to chang the image without having to physically or mechanically replace the sign face
or its c mponents. This also includes any rotating, revolving, moving, flashing,
blinking or animated display and any display that incorporates rotating panels, LED
lights mz nipulated through digital input, "digital ink" or any other method or technology
that allo ,s the sign face to present a series of images or displays.
.SIGN - ESTANDING. Any stationary or portable, self- supported sign not affixed to
any othel structure.
SIGN - #OLIDAY. Decorations or messages which recognize an official national, state
or local Goliday.
.SIGN -4LLUMINA TED. Any sign which is lighted by an artificial light source either
directed hDon it or illuminated from an interior source.
.SIGN - tNFORMATIONAL. Any sign giving information to employees, visitors or
delivery Pebicles, but containing no advertising or identification.
u
• SIGN - INSTITUTIONAL. A sign which identifies the name and other characteristics
of a public or semi - public institution on the site where the sign is located.
SIGN - INTEGRAL. A sign carrying the name of a building, its date of erection,
monumental citations, commemorative tablets and the like when carved into stone,
concrete or similar material or made of bronze, aluminum or other permanent type of
construction and made an integral part of the structure.
SIGN - MAXIMUM HEIGHT OF. The vertical distance measured from the grade to
the top of a sign.
.SIGN - MENU BOARD. Any sign that has a message related to the site's food service
and the copy is manually or electronically changed and the lettering of which is two inches
or less in height so as to not be readable from the adjoining street right -of -way or
adjoining property.
.SIGN - MINIMUM HEIGHT OF. The vertical distance measured from the nearest
finished grade to the lower limit of the sign.
.SIGN- MONUMENT. A sign whose base and structure is positioned primarily on the
ground and is typically solid from grade to the top of the structure.
• .SIGN - NONCONFORMING.
a. LEGAL. A sign which lawfully existed at the time of the passage of this
chapter or amendments thereto, but which does not conform with the
regulations of this chapter.
b. ILLEGAL. A sign which was constructed after the passage of this
chapter or amendments thereto and does not conform with the
regulations of this chapter.
SIGN- PORTABLE. A sign so designed as to be movable from one location to another
and which is not permanently attached to the ground or structure.
.SIGN - PROJECTING. A sign, other than a wall sign, which is affixed to a building
and which extends perpendicular from the building wall.
SIGN - PUBLIC. Any sign erected by municipal, county, state or other governmental
agencies, including, but not limited to street signs, traffic - control signs and parking -
control signs.
SIGN - REAL ESTATE. A business sign placed upon a property advertising that
particular property for sale, for rent or for lease.
SIGN -
upon or
IF. Any sign which is erected, constructed or attached wholly or in part
the roof of a building.
SIGN, RIMATING. A sign which revolves or rotates on its axis.
SIGN - �TRUCTURE. The supports, uprights, bracing and framework for a sign,
the sign area.
SIGN- JEMPORARY. Any sign which is erected or displayed for a specific period of
time.
SIGN- fA LL. A sign which is affixed to the exterior wall of a building and which is
parallel the building wall. A wall sign does not project more than 12 inches from the
surface whi ch it is attached, nor extend beyond the top of the parapet wall.
SIGN- I VALL GRAPHIC. A sign which is painted directly on an exterior wall surface.
.SIGN- FFINDOW. A sign affixed to or inside of a window in view of the general public.
This doei not include merchandise on display.
Section 2: City qode Section 1201.03 (General Building and Performance Standards) Subd.
11. (Signs) b. (Pe mitted and Prohibited Signs) (1) (Permitted Signs) is hereby amended as
follows:
Section 1201.03 general Building and Performance Standards
Subd.11. gns.
b. Permillef and prohibited signs.
(1) Permited signs. The following signs are allowed without a permit, but shall comply
with al other applicable provisions of this chapter:
(a)
Public signs;
(b)
Address signs;
I
(c)
Integral signs;
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LJ
•
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(d) _ Holiday signs, displayed for a period not to exceed 30 daysand no larger than
32 square feet in area;
fd)it2l Construction signs. The signs shall be confined to the site of the construction,
alteration or repair and shall be removed within two years of the date of issuance
of the first building permit or when the particular project is completed,
whichever is sooner as determined by the City Building Official or his or her
agent. One sign shall be permitted for each major street the project abuts. No
sign may exceed 50 square feet;
• (g) Real estate sale or rental signs. Signs must be removed within 14 days after sale
or rental of property. Signs may not measure more than six square feet in
Residential Districts, nor more than 20 square feet in all other districts. There
shall be only one sign per premises. Comer properties, however, may contain
two signs, one per frontage. Lakeshore lots may contain two signs, one in the
front and one facing the lake;
(h) Informational /directional signs shall not be larger than three square feet and shall
conform to the location provisions of the specific district;
(i) Owner - occupant signs. One residential name sign, not to exceed two square feet
in area, identifying only the name of the owner or occupant of a residential
building.
Section 3: City Code Section 1201.03 (General Building and Performance Standards) Subd.
11. (Signs) c. (General Provisions) is hereby amended as follows:
C. General provisions.
(1) All signs shall comply with the Minnesota State Building Code as maybe
amended.
(2) When electrical signs are installed, the installation shall be subject to the State
Building Code as may be amended.
• 1 L11. - No portion of any sign shall be located within five feet of any property line, exce t
in c. a (b) of this subdivision. •
(34ill-No signs other than governmental public signs and political campaign signs as
provi led in bc.(45)(bd) of this subdivision, shall be erected or temporarily placed
withi i any street right -of -way, m upon public lands, ti easements, or rights -of-
way. Any unauthorized signs located in public right -of -way or on public property
shall e considered abandoned and are subject to immediate removal and disposal
with t notice.
(44(5) Temporary signs.
)e temporary use of signs, searchlights, banners, pennants and similar
vices shall require a permit. The permit shall be valid for ten consecutive
ys. The permit shall be prominently displayed during the period of
lidity. Only two temporary permits may be granted for any property
thin any 12 -month period. Temporary signs shall not exceed 32 square feet
area. Any new business that has applied for its permanent business sign
ay, at the same time, apply for a temporary business sign to be displayed
r no longer than 30 days, or until the permanent sign has been erected,
tichever comes first. The temporary business sign shall be professionally
epared and shall be no larger than the approved permanent sign.
(III— _ ampaign signs, subject to the following: •
) All campaign signs may be posted in any number during the following
times:
A. State general election years: 46 days before a state primary until ten
days following the state general election pursuant to MS. 6 21113.045.
B. For all other public elections: 46 days prior to the election until ten
days following the election.
or in viclafion of Chagg 1201.03
Subd. 2 h (Traffic MAIN) ofCity Cade.
shall not be placed in front of any property without the consent of the
abutting property owner.
or (iii) above shall be considered abandoned and subject to removal and
disposal without notice.
The property owner shall be responsible for any sign In aced on his/her
rp opera or within the rght —of -way abutting his/her roe
yL No lights may be affixed to or installed in any manner to illuminate a
campaign sin allowed by 1201.03 Subd. 1 I (d).
ta) c) A conditional use permit maybe granted to nonprofit athletic associations,
contracted with the city pursuant to Section 902.06 of this code, for the •
• display of temporary business sponsorship signs to be placed on certain ball
field fences on public property, provided that:
(i) A nonprofit athletic association under contract with the City may
display signs only on facilities that have been reserved for its use;
(ii) Signs may be displayed only in a community park, as defined in the
Shorewood Comprehensive Plan;
(iii) Signs maybe displayed only on outfield fences, facing into the ball
field, and situated so as to minimize view of the signs from adjacent
residential properties;
(iv) All signs must be professionally made, using durable weather resistant
material, painted or colored dark green on the back side of the sign;
(v) Signs are limited in size to no larger than 42 inches in height and seven
feet in length;
(vi) There shall be a minimum spacing between signs of seven feet;
(vii) The maximum number of signs per ball field is 15;
• (viii) The nonprofit athletic association is responsible for maintaining the
signs in good repair. If a sign become detached, torn, or vandalized, the
association must repair or replace them immediately or the sign will be
summarily removed by the city;
•
(ix) The nonprofit athletic association is responsible for any damage to the
fence on which it is displayed that is caused by installation or display
of the sign;
(x) The conditional use permit is subject to review and recommendation
by the Shorewood Park Commission;
(xi) The nonprofit athletic association must obtain an annual license from
the city and enter into a license agreement setting forth the conditions
of approval and the duration of the approval. The association shall pay
an annual license fee as established by the City Council from time to
time. The association shall have no vested right in obtaining licenses
from season to season; and
(xii) It shall be the responsibility of the nonprofit athletic association to
obtain a temporary sign permit for each sign to be displayed on ball
field fences, prior to erecting the sign.
or sign structure shall protrude over a public right -of -way. •
All signs which require a permit shall display, in a conspicuous
the owner's name, permit number and date the sign was erected.
All height restrictions on signs shall include height of sign
and be measured from lot grade.
In the case of a two- faced, freestanding sign, where the two faces
of the sign are parallel and face in opposite directions, only one face shall be used
in co nputing the allowable area of the sign.
Any sign now or hereafter existing which no longer advertises or
ident fees a business conducted, service rendered or product sold on the premises
shall a removed by the owner, agent or person having the beneficial use or
con I of the building or structure upon which the sign may be found within 60
days rom the date of vacancy.
I The gulations contained herein shall not apply to traffic signs or the flag, separate
embl m, or insignia of a nation, political unit, school orreligious group, or
inte I signs. There shall be no more than one United States flag and no more than
three other non - commercial flags on a property. Nor shall these regulations •
perta n to a sign inside a building, provided the sign is at least three feet in back of
the ii side of the exterior wall and is readable from the inside of the building.
(4,0)
1 All s gns requiring a permit from the city shall be subject to review and approval
by Zoning Administrator.
(i yf IJ3 1__ Substitution Clause. The owner of any sign which is otherwise allowed
en is shall not be construed as relieving the sign owner from responsibility. or
NOW THEREFO *E the City Council of the City of Shorewood, Minnesota, ordains:
CITY OF
SHOREWOOD
• 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331 -8927. 952.960.7900
www.ci.shorewood.mn.us • cityhall @ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission
FROM: Marie Darling, Planning Director
MEETING DATE: July 6, 2021 (Continued from the June 1, 2021 Meeting)
RE: Text Amendments for Political Signage
Backeround
At the June 1, 2021 Planning Commission meeting, the Commissioners gave direction on specific changes
that are reflected in the attached draft ordinance. Specifically,
• The commission recommended simplifying the way the elections were referred to for greater
clarify.
• • The commission recommended that only signs in the right -of -way should be considered abandoned
and removed without notice if placed in violation of code.
Please review the attached ordinance amendments to determine if the ordinance is adequate to correct the
issues.
ATTACHMENTS:
Correspondence Received
Planning Commission Memorandum June 1, 2021
Minutes from Planning Commission Meeting June 1, 2021
Planning Commission Memorandum April 6, 2021
Minutes from Planning Commission Meeting April 6, 2021
Article from the League of Minnesota Cities
Draft Ordinance
•
TO:
FROM:
MEETING DATE:
RE:
Rackaround
At the April Plannin
reflected in the attac
• The commis
campaign/no
• The commis
campaign /n
election staft
CITY OF
SHOREWOOD
CLUB ROAD, SHOREWOOD. MINNESOTA 55331 -8927 • 952.960.7900 •
www.d.shorewood.mn.us • cityhall @ci.shorewood.mn.us
Planning Commission
Marie Darling, Planning Director
June 1, 2021 (Continued from the May 4, 2021 Meeting)
Text Amendments for Political Signage
Commission meeting, the Commissioners gave direction on specific changes that are
:d draft ordinance. Specifically,
did not recommend increasing the distance from streets or prohibiting
nmercial speech signs from the rigbt -of -way during the allowed election times.
recommended that the City have the same timeframe for
nmercial speech signs for those elections not included in the state primary/general •
• A commissi er asked if signs could be posted during political rallies in the park. Chapter 902.02
specifically ohibits pasting, affixing or inscribing any handbill, poster or sign within the parks,
unless autho zed by permit from the City Council. The chapter does not prohibit people from
holding or c ing signs during an event.
Staff left in all the
that will be changi
Please review the
issues with duplic
adequate.
ATTACHMENTS:
Correspondence
Planning Commi
Minutes from PI
Article from the
Draft Ordinance
related definitions for your use while reviewing the changes. Only the definitions
ill be left in the final draft of the ordinance forwarded to the Council for adoption.
ted ordinance amendments to determine if the ordinance is adequate to correct the
and lack of clarity in the existing ordinance and if the substitution clause is
Memorandum April 6, 2021
Commission Meeting April 6, 2021
of Minnesota Cities
•
Marie Darling
• From: McDonald <p.m.mcdonald @usfamily.net>
Sent: Sunday, May 2, 2021 2:40 PM
To: Marie Darling
Subject RE: Amendments to the Sign Regulations
Thank you for sending this information. I was unable to open the Staff Report document as it appeared to be damaged,
however the minutes were readable. Just a comment regarding the setback of ten feet. Many places in the city have a
drop -off or ditch close to the road that would prohibit placing any campaign signs with that amount of setback.
I have a proposal for signs that I would like the City to consider.
Since we don't have sidewalks, and we love to walk, it is important for people to be aware of traffic on the road when
they are walking. Many people walk with their backs to traffic and with some kind of headphones on. If pedestrians walk
facing traffic, on the left side of the road, that would enable awareness of oncoming cars. During my lifetime I've heard
of people being injured, even death, because of a lack of awareness of traffic. A sign that says "Pedestrians Keep Left"
would encourage awareness of safer ways to use the roadways.
Of course what I'm proposing is a traffic sign (like a No Parking sign). I hope that this is something the City of Shorewood
could do to help people protect themselves.
Best Regards,
Pam McDonald
in From: Marie Darling [mailto :MDarling @ci.shorewood.mn.us]
Sent: Thursday, April 29, 20214:24 PM
To: Marie Darling <MDarling @ci.shorewood.mn.us>
Cc: Emma Notermann <ENotermann @ci.shorewood.mn.us>
Subject: Amendments to the Sign Regulations
I was very excited to hear that you are interested in the proposed ordinance amendments. However, I wanted to let you
know that I will be requesting a continuance of the review of the sign amendments to the June 1 Planning Commission
meeting. The Planning Commission won't have a draft to review but they will be opening and continuing the public
hearing. If you want to come and request the opportunity to speak on this topic, you can do so. You are also welcome
to come to the meeting on June 15'.
The links to the May meeting will be available on the city's website late Tuesday afternoon, typically before 6:00 p.m.
Because you requested for information on what has been discussed so far, I have attached a copy of the original staff
report and the minutes from the April planning commission where the amendments were discussed generally.
Please let me know if you have any questions.
?X474 Dara«g
Planning Director
952- 960 -7912
•mdarlinaackshorewood.mn.us
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
MN Data Practices Notification: Pursuant to MN Data Practices Chapter 13 all government data including email •
communications is presum to be public unless there is a specific state statute, federal low, or temporary classification
that classifies it otherwise.
www.ci.shorewood.mn.us
•
•
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 1, 2021
• Page 8 of 13
B. PUBLIC HEARING — Sign Ordinance Amendments
Applicant: City of Shorewood
Location: Citywide
Planning Director Darling stated that this is a request for text amendments related to political
signage. She stated that the Commission had discussed this at their April meeting and gave
specific directions on changes that are reflected in the draft ordinance being presented. She gave
a brief overview of the recommended amendments.
Commissioner Eggenberger stated that the letter from Pam McDonald talks about many places
in the City that have a drop -off or ditch close to the road that would prohibit placing any campaign
sign at least 10 feet away from the road. He stated that he knows that is tough for some people,
but thinks a 10 feet distance is fine and doesn't know how the city would make an exception for a
ditch or a drop -off.
Commissioner Huskins asked if there was a height limitation to the sign and asked if the sign
were placed in a drop -off, could they just use a taller stake so the sign would still be visible.
Commissioner Eggenberger questioned how the City could actually define 'drop-off.
Planning Director Darling explained that there are height restrictions outside of the election period
but not during the election period.
• The Commission discussed various remedies to the problem of having a ditch and still being able
to display signs.
Chair Maddy opened the Public Hearing at 8:27 P.M. noting the procedures used in a Public
Hearing.
There being no public comment, Chair Maddy closed the Public Testimony portion of the Public
Hearing at 8:27 P.M.
The Commission discussed some language tweaks to make things more clear and eliminate
loopholes and make it clear that it is election related signage.
Huskins moved, recommending approval of the Sign Ordinance Amendments, as amended
by staff so it is all election related.
Planning Director Darling asked if he meant to exclude non - commercial signage.
Commissioner Gault suggested that the Commission defer making a recommendation on these
amendments until the next meeting because he doesn't want to recommend approval of
something that he has not seen and would like to see the final wording.
There was consensus among the Commission to wait to make a recommendation until
they see the final draft.
Commissioner Huskins withdrew his motion.
• Gault moved, Huskins seconded, tabling approval of the Sign Ordinance Amendments
until the next Commission meeting. Roll Call Vote — ayes — all. Motion carried 410.
CITY OF
SHOREWOOD
UNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331 -8927 • 952.960.7900 •
www.ci.shorewood.mn.us • cityhall @ci.shorewood.mn.us
MEMORAND M
TO: Planning Commission
FROM: Marie Darling, Planning Director
MEETING DATE: April 6, 2021
RE: Text Amendments for Political Signage
One of the priorities et by the City Council for 2021, was the review and amendment of the political sign
regulations. Of conc m were the number and proximity of the signs to the street throughout the city.
Background
Minnesota State Stat ite 211B.045 has specific language regarding noncommercial speech signs during
state election years. •
211 .045 NONCO\LVERC1At. SIGNS EXENEMON.
II noncommercial signs of ant size may be posted in any number beginning
46 d ys before the state primary in a state general election year until ten days
follc ving the state general electron. Municipal ordinances may regulate the size
and i umber of noncommercial signs at other tunes.
During the defined ti ne-period above, no City may limit the number or size of campaign signs.
Shorewood's sign regulations include the following regulations for political and noncommercial signs
signs: (Section 12010 Subd. 11. b. (1) (d))
(d) Every campaign sign must contain the name and address of persons
responsible for the sign, and that person shall be responsible for its
removal. Signs shall be pemuned on each lot for a period of 100
days prior to and ten days after an election. All campaign signs or
other noncommercial speech signs may be posted from 46 days
before the state primary in a state general election year until ten
days following the state general election, pursuant to M.S.
§ 211 B.045. Signs posted both during and after this time period are
subject to all other applicable requirements in this subdivision. At
any tune, the city shall have the right to remove signs that are
prohibited under this subdivision, and assess a fee as provided from
time to time by ordinance. Campaign signs or other noncormnercial
speech signs shall not be located closer than ten feet from any street
surface, and shall not be placed in front of any property without the
consent of the property owner;
This paragraph incles two standards for election signs: the required language that mirrors state statute
and another standarclthat appears to apply to all elections, including state primaries. The City can allow a
J
Page 2
• greater period than the state required standard (but not lesser) and can have different standards that apply to
school, county and municipal elections. However, having two different standards that apply to the same
elections is confusing.
Also, there is no definition of noncommercial speech signs or noncommercial speech in the zoning
regulations. Finally, there is no fee identified in Chapter 1300 (Municipal Fees) or the Master Fee
Schedule regarding removal of signs.
Another section of the sign regulations (Section 1201.03 Subd. 11. B. (3) states:
(3) No portion of any sign shall be located within five feet of any property line.
No signs other than governmental signs and political campaign signs as
provided in b.tl)fd) of this subdivision shall be erected or temporarily
placed within any street right - of- -way or upon public lands or easements or
rights -of way. Any unauthorized signs located in public right -of -way or on
public property shall he considered abandoned and are subject to immediate
removal and disposal without notice.
There is no definition of governmental signs and the term political campaign sign seems to refer to
campaign signs, but with no additional definition.
Proposed Ordinance Amendments
Definitions: Staff propose to add additional definitions for noncommercial speech signs and abandoned
signs. Staff also propose to change the reference of "governmental signs" to "public signs' and amend the
• reference of "political campaign signs' to solely "campaign signs ". Instead of campaign signs, the
Planning Commission could recommend the term "noncommercial speech sign', which is more content
neutral and matches the language in state statute.
Elections: Staff propose to amend the language for elections so that the wording continues to mirror the
state statute for elections with primaries, but amend the other standard so that it applies to all other
elections. The length of time would be the same as indicated in the ordinance now, but where the rules
apply would be clearer.
Increase the Distance from Streets: In order to increase the distance between the public street and the
campaign signs, staff propose to prohibit all signs other than governmental signs from the right -of -way or
15 feet from the curb or edge of pavement, whichever is greater. Staff proposed the second setback as
some streets have a very small right -of -way or the right -of -way applies to the traveled surface. There are a
few streets that have extra width in the right -of -way over the standard width and this proposal would
require the signs to be placed farther back. Staff also recommend that any signs placed in the right -of -way
or within the allowed 15 -foot setback from a roadway would be considered abandoned and the appropriate
jurisdiction could remove them.
Public Lands and Public Parks: The current ordinance prohibits placing signs in public rights -of -way or on
land without the permission of the adjacent property owner. As the City cannot give permission to one
candidate or side of an issue without giving permission to all candidates or sides, staff recommends
prohibiting noncommercial signs in parks and public lands. Further, that any signs installed on public lands
or parks would be considered abandoned and the City could remove them without notice.
•
Page 3
type of language
anyone ever puts
propose that the I
The signs are currently the responsibility of the persons that place them. That •
ially struck down by the MN Court of Appeals in 2006. Staff are not aware that
;cage on a campaign sign or other noncommercial speech signs. Staff would
owner be responsible for the placement of a sign on their property.
Noncommercial Snet ch Signs: Under the current regulations, the signs are treated differently based on
when the signs are in talled, as follows:
• During an ele tion period, the signs are treated the same as any political signs
• Outside of th ( election period, the signs are limited by 1) the same requirements in each district as
any other si ; 2) may not be placed in the public right of way; and 3) must be installed at least
five feet from all property lines
Staff propose to
However, staff notes
addressed. This is nc
the substitution of an
zoning district. For i
nameplate sign, they
nameplate sign, like
Similarly, in a comm
on any business sign
the city cannot prohi
amending the sign re
provisions.
Attached is a summ
of the regulations ar
prohibit signs in the
to treat noncommercial signs the same as above.
hat there is one other issue related to noncommercial speech on signs that should be
related specifically to political or campaign signs. Shorewood is required to allow
noncommercial speech for any other speech on any sign that is allowed in any
:ample, a homeowner is allowed one nameplate sign. Because they are allowed a
lay substitute other noncommercial speech on a sign of the same size allowed for a
31ack Lives Matter" or "Blue Lives Matter" or "Thank You Essential Workers"
rcial district, a property owner may substitute noncommercial speech for advertising
ike replacing their business name with "Happy Easter" or "Heroes Work Here" and
t or regulate the content. Because this is established law and the City would be
ulations, staff recommend including a statement to that effect in the general
table of other cities' ordinances related to political signs and campaign signs. Much
:ry similar to state statute and have similar limitations. The majority of cities
ATTACHMENTS: I Summary of other cities' ordinances
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CITY OF SHOREWOOD PLANNING COMMISSION MEETING
APRIL 6, 2021
• Page 6 of 10
6. NEW BUSINESS
A. Sign Ordinance Update — Discussion on Political Signs
Planning Director Darling explained that this item is also a staff- initiated item regarding text
amendments for political signage She stated that one of the priorities that the Council set for
themselves and the Planning Commission this year was to review and consider amendments of
the political sign regulations and noted that of concern specifically were the number and proximity
of campaign signs to the streets. She stated that it is a complicated issue and there are a number
of State statutes that give the City some requirements for what is allowed. She read aloud the
State statute and the City's sign regulation language. She stated that the language is similar but
has two separate standards that apply to all elections which causes confusion about when the
City can apply their standards and when they cannot. Staff is proposing that the code be changed
to be more clear when the non - commercial signs can be put up before all elections. She reviewed
the recommendations from staff that they would like the Planning Commission to consider.
Commissioner Eggenberger asked about regulation of non - commercial signage and whether the
City can regulate where they are placed.
Planning Director Darling stated that the City can impose location requirements.
Councilmember Callies stated that she thinks it is a good idea to have the language be consistent
with the State law but thinks that 15 feet from the edge of the pavement is not practical for most
areas of the City and would basically prohibit any campaign signs being visible.
• Commissioner Huskins stated that he would agree that a 15 -foot setback seems a bit excessive,
but his concern was that it may have the unintended consequence of having people place larger
signs in order for them to be visible. He stated that he would prefer smaller signs in the
neighborhoods. He asked if a campaign would be allowed to have signage for an event if they
got a permit to hold a rally on public lands.
Planning Director Darling stated that she would have to review that information and noted that
there are very few signs that organizations can put up during events.
Commissioner Huskins stated that the proposed language states that the City would have the
right to remove the signs that are in violation.
Planning Director Darling clarified that this is would either be in the right -of -way or on public land.
She stated that if there were violations on private property, the City would notify the property
owner.
Commissioner Gault commented that he was not sure if residents understood the regulations
surrounding nameplate signs and substitution of non - commercial signs.
Planning Director Darling stated that nameplate signs seem to be going away and very few
homeowners even have them anymore.
Commissioner Riedel asked if Commissioner Gault was asking if someone, under this ordinance,
would be permitted to put up a non - conforming sign simply because it contains non - commercial
speech. He stated that he does not think that is the case and people cannot put up a fully non-
conforming sign.
CITY OF SHORE"
OD PLANNING COMMISSION MEETING
APRIL 6, 2021
things like school board elections or municipal elections that would happen in
Page 7 of 10
- •
Commissioner Ga
At stated that he agreed, but feels this language says they can substitute their
nameplate sign w
h a non - commercial speech sign but cannot have both.
Commissioner RE
el stated that he would agree and feels that this is a 1 s' Amendment issue that
if you are allowed
to write something, then you are allowed to write anything.
Chair Maddy stat
d he has the same concern because you can have a sign that says, "Vote for
Joey', but cannot
iave a sign that says, "Eat at Joey Nova's ". He stated that he would like to stay
as far away from t
iis as possible.
Commissioner Ri4del stated that he would not want to go further than the City has to with this
issue and would lie to do the minimum to avoid 151 Amendment issues.
Chair Maddy stand that State law dictates what the City has to do and asked why the City would
not just match th r language and not touch any restrictions. He stated that he did not think the
City has had a pr blem with excessive signage.
Planning Director
Darling stated that the City can match the State law exactly, except State law
does not apply to
things like school board elections or municipal elections that would happen in
non -State genera
election year. She stated that she thinks that there should be rules for those
instances as well.
stated that he thinks a setback is helpful and becomes an issue when there
Chair Maddy sug
ested having the school board and other elections match the framework of the
State election lani
luage and just leave it at that. •
Planning Director
arling stated that would be fine.
Commissioner G It suggested that it just refer to 'public elections'.
Planning Director Darling clarified that there have been complaints about the number of signs and
how close they w re which is why the Planning Commission was directed to take a look at this
issue.
Commissioner Ault stated that he would go to the free speech issue that if he can say one thing,
he should be a1b14 to say it 100 times or be able to say 100 different things.
Commissioner H skins stated that the State language does not appear to say anything about
setbacks. He st ted that if the City simply takes the State's language, he does not think that
would be sufficie t.
Chair Maddy asked if the setback issue was because of traffic and visibility concerns.
Planning Director
Darling stated that there could be visibility issues which is why she thinks there
has been a setba
k included. She stated that she thinks it was that there were so many, so close
to the street, that
here was a concern that it would be a distraction.
Commissioner Riedel
stated that he thinks a setback is helpful and becomes an issue when there
are complaints if
here is a specific hard number to point to, then it becomes less of a subjective
issue. Just statin
that signage is not allowed to interfere with visibility opens it up for discussion
and interpretatior
He stated that he thinks a 15 -foot setback is excessive and would suggest •
something like 5-10
feet.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
APRIL 6, 2021
• Page S of 10
Chair Maddy stated that he does not want to dictate how many feet back a sign can be. He stated
that it is not blocking the view of traffic, he would prefer the City just stay out of it.
Commissioner Gault stated that it has to be on private property so whatever number that would
be forces there to be a setback. He stated that then this raises the question of whether the City
allows it at the property line.
Planning Director Darling asked what would be done when the property line is in the middle of the
street.
Commissioner Gault stated that some common sense needs to be used and people cannot put
any sign where it will obstruct traffic either for pedestrians or vehicles. He stated that the speech
he wants to promote on his private property is whatever he wants it to be and the City has no
constitutional ability to stop that unless he would advocate for violence or something. He stated
that he does not have a concern with the number of signs, but does have a concern with someone
putting up a 10 x 12 sign at an intersection where it will obstruct visibility.
Commissioner Eggenberger stated that the trouble with that, without using a setback, is people
just saying, 'oh, well that doesn't obstruct traffic' and it is just an opposing discussion without a
tangible solution. He stated that if there is a setback then it is clear when things need to be moved
and when they do not.
Commissioner Riedel stated that the more he thinks about this, the more he agrees with Chair
• Maddy. A setback onto private property could actually be challenged_ He stated that a public
right -of -way is one thing, but an individuals property is their property and a setback in this situation
would be somewhat arbitrary.
Commissioner Eggenberger stated that all of the City codes could be considered somewhat
arbitrary and listed a few examples.
Chair Maddy stated that to paraphrase, it appears that what the Commission wants to do is not
push any values and let people speak. He stated that the setback issue is interesting because
there are good arguments on both sides.
Commissioner Huskins stated that he would agree with Commissioner Gault and thinks that a
setback will help clarify and reduce some of the subjectivity that would otherwise occur. He stated
that he believes a ten -foot setback is reasonable.
Commissioner Eggenberger stated that he would agree with Commissioner Huskins.
Planning Director Darling asked if they meant ten feet from the edge of the road or ten feet from
the front property line.
There was a consensus that the measurement would be from the edge of the road. There
was consensus to follow the State guidelines for all public elections for signs to be posted
46 days before the election.
Commissioner Huskins stated that he prefers the terminology 'non- commercial speech' versus
'campaign signs'.
• Commissioner Riedel asked what type of sign is permitted year round with or without a permit.
CITY OF SHC
APRIL 6, 2021
Page 9 of 10
Planning Director
that stick in the gi
district, so there c
setback requirem
can choose to use
the Commission I
future date.
PLANNING COMMISSION MEETING
Darling stated that most small signs, such as nameplates and the small signs
)und do not require a permit. Nameplate signs are allowed in any residential
n also be a non - commercial speech sign of the same size, subject to the same
nts at any time in the year. She clarified that people get to have one sign and
it for their name or some other non - commercial speech message. She thanked
)r their input and stated that she will bring this back to the Commission at a
•
•
•
•
•
Ask LMC I Up for Discussion
Can Cities Prohibit Campaign
Signs and Flags?
City Regulations
Do cities have the authority to prohibit campaign
signs and flags?
® We have been
getting this question
a lot lately because
there is some con-
fusion about a state
law that preempts
local sign ordinances
during election
season. In short, city
regulations must com-
ply with both state law
and the First Amend-
went to the U.S.
Constitution. State law (Minnesota Statutes, section 21tB.o45)
provides a limited preemption of cities' authority to regulate
campaign signs during the election season (defined as 46 days
before the state general primary until to days after the state
general election). State law requires cities to allow the posting
of noncommercial signs of any size or number during this time.
However, during the rest of the year, state law permits cities to
regulate the size and number of noncommercial signs.
In addition, courts have ruled that the First Amendment
prohibits cities from regulating signs based on their content.
Best practice suggests avoiding total bans on noncommercial
lawn signs in residential areas and using caution in adopting
provisions that may favor some messages over others. City
ordinances can regulate the size and number of signs, but not
their content.
Courts have also recognized that the display of flags can con-
stitute expressive conduct protected under the First Amend-
ment. If regulating flags, cities should use caution to avoid
favoring some types of flags (particularly, the U.S. flag) over
other flags. If one type of noncommercial flag is acceptable, any
noncommercial flag should be allowed. Learn more from the
LMC information memo at www.lmc.org/signs.
Answered by Research Attorney Jacob Glass: iglass@lmc.org
Employment Law
±A It's been a while since we've checked to make
r sure our city has all the correct employment law
posters. How can we check on this?
® It's important to make sure you update required
workplace posters as new laws are passed. For example,
during 2020, COVID- related leave laws required special
postings and notices to employees. Fortunately, there are
free websites offering required federal and state employment
posters. The U.S. Department of Labor offers a site that helps
determine which posters you need at https- //webapps.dol.
gov /elaws /posters.htm. And the Minnesota Department
of Labor and Industry will even notify you via email when
updates have been made to required posters. You can sign up
for these updates at www.dii.mn.gov /about - department/
workplace- posters.
Generally, the law requiring the labor law poster will indicate
for whom it must be displayed. Some posters must be displayed
in places available to job applicants as well as employees. Some
cities, for example, post a notice on their website stating,
Applicants have rights under federal and state employment
laws," and link to various employment posters. It's a good idea
to do that in addition to placing posters in the workplace and
on the city s employee intranet.
Answered by Human Resources Director Laura Kushner: Ikushner @Imc.org
Construction Risk
'•':: Our city is about to build a new community
V. center. How can we protect the building in case it
is damaged during construction?
asThe city should make sure the new building under
construction is covered by builder's risk insurance. This is a
specialized type of property insurance that protects buildings
under construction from loss. Coverage is usually written on an
all-risk basis and covers loss from many types of causes, includ-
ing fire, storm damage, theft, and vandalism. Materials, sup-
plies, scaffolding, and equipment are usually covered as well.
Builder's risk insurance is a no -fault coverage that protects the
city, contractor, and subcontractors. The city should specify
in the construction contract who is responsible for buying the
builder's risk insurance.
The League of Minnesota Cities Insurance Trust's ( LMCIT)
property coverage provides automatic builder's risk coverage
for buildings under construction, alteration, repair, or expan-
sion, if the estimated total project cost is less than $3 million.
Construction projects under this threshold do not have to
be reported and scheduled for the builder's risk coverage to
apply. However, the building must be included in the schedule
of property at the member's subsequent renewal. Payment
of a claim is subject to a member's deductible. LMCIT can
sometimes provide higher limits for an additional premium
depending on the scope and cost of the project. If the mem-
ber does not provide the builder's risk coverage, it should
require the coverage to be purchased by the contractor. Learn
more from the LMC information memo at www.Imc.org/
prop - guide. CR
Answered by Risk Management Attorney Chris SmAh: smith @Imc.org
MINNESOTA CITIlS I MAY /JUN 2021 1 27
ORDINANCE 581 •
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE APPROVING AN AMENDMENT TO
SHOR WOOD CITY CODE CHAPTER 1201 (ZONING REGULATIONS)
RELATED TO SIGNS
Language stFiGke is proposed to be removed, language underlined is proposed for insertion.
Section 1: City a Section 1201.01 (Definitions) is hereby amended to add or alter the
following definitio :
1201.02 DEFINI riONS.
SIGN - DVERTISING. A billboard, poster panel, painted bulletin board or other
commun ation device which is used for commercial speech to advertise products, goods
or servic s which are not exclusively related to the premises on which the sign is
located.
SIGN - I USYNESS. Any commercial speech sign which identifies a business or group •
of busint sses, either retail or wholesale, any sign which identifies a profession, or is
used in ti e identification or promotion of any principal commodity or service, including
entertaini rient, offered or sold upon the premises where the sign is located.
SIGN - OMPAIGN. A temporary sign promoting the candidacy of a person running
for a gov r mental office or promoting noncommercial speech.
SPEEC4, COMMERCIAL. A message advertising a business, profession,
commodity, service, entertainment, or any other matter of a commercial nature, even
though a matter may be related to a nonprofit organization.
SPEEC NON - COMMERCIAL. A message not consistent with the definition of
commer al speech, which includes, but is not limited to, messages concerning
political, Veligious, social, ideological, public service and information topics.
•