Council MemoCity of Shorewood City Council Work Session Item
Title/Subject: Amendments to Create Content Neutral Sign Regulations Item
Meeting Date: May 13, 2024 6A
Prepared by: Marie Darling, Planning Director
Attachments: Current Regulations
Planning Commission Memos
Correspondence Received
Proposed Ordinance 606
Summary publication resolution
Background
In 2022, the Planning Commission and City Council reviewed several amendments related to
noncommercial speech signs and campaign signs. It was very clear that although those
amendments helped to clean up a few issues in the sign code, the regulations and the approach
to sign regulations in the current code were very dated and run contrary to pertinent case law
regarding signage, specifically Reed v. Town of Gilbert. This case essentially determined that a
city may not restrict expression based on its content (e.g., distinguishing between garage sale
signs, wedding signs, campaign signs), but still may regulate signs with reasonable restrictions
for time, place, and manner.
In order to protect the city against challenge, staff proposed to amend the City's sign
regulations. The sign regulations have remained structurally the same since the zoning
regulations were adopted in the 1970's and 80's. The proposed sign regulations were drafted
in-house over the course of the last year, with the Planning Commission informally reviewing
the draft every few months.
What's changing? The attached proposed sign regulations and other related changes were
drafted to protect the city by removing content restrictions. The approach to these changes
was to keep the number and dimensions of permitted signs as consistent as possible, but to
provide a firm and solid basis to protect the city against challenges, especially those which the
city would lose on their face value.
How will these changes affect most residents? Most residents won't notice anything different
with the sign regulations. Commercial signs (like home occupation signs) will still be prohibited
on residential properties except for additional signage allowed to advertise properties for sale
or when construction projects are proposed. Noncommercial speech signs (protest signs,
support signs, election signage, etc.) will be regulated the same way that was set up in 2022 for
signage during the election season and will follow the residential maximum signage and
property line setbacks outside the election season.
Unlike the previous regulations, signage is not regulated by the type of message. Residential
properties will be allowed eight square feet total for signage, which can be any noncommercial
speech sign(s) the resident wants. They will also be allowed additional signage for real estate
signs and two temporary signs per year up to 32 square feet. Each temporary sign may be
placed on the property for up to 15 days, but only one at a time.
Nonresidential properties in residential districts are allowed wall signage without a CUP and
may have up to four temporary signs up to 32 square feet per year.
Dynamic display signs are permitted without conditional use permits, subject to the ordinance
restrictions that are the same as they were previously.
In commercial districts, directional signs are limited to one per street access. Staff also added in
an allowance for 10 small signs in parking areas that can be used for assigning parking spaces to
specific businesses, curbside purchase pickup or other specialty parking spaces that many
commercial property owners began installing during covid.
How are the new regulations organized? The regulations are organized as follows:
• The foundation (sections a-f) which includes the findings, purpose, intent, scope) plus two
legal clauses, severability, and subdivision.
• The administrative section (g) which includes language on permits, issuance and similar
requirements.
• The general requirements (h) which identifies which signs are permitted and prohibited
regardless of district.
• The district specific requirements (i).
• The regulations for signs that are nonconforming (j)
Staff also included other sections that will need to be amended to move their sign regulations
into 1201.03 Subd. 11 or to add signs as an accessory use. One housekeeping amendment is
also necessary because flagpoles would now have a height limit, as a result, they needed to be
removed from the list of improvements with no height limits.
Are there any new regulations? The Planning Commission requested a limit on the height of
flag poles. Staff drafted the height limit to the height allowed for the principal structure, so 35-
40 feet depending on the district. There is no area limit to the size of flags and property owners
may have up to four flags per property, same as allowed now. There are no area limitations for
flags.
Summary of Public Engagement: On March 19, 2024, the Planning Commission reviewed the
amendments at a public hearing. Notice of the meeting was published in the official newspaper
at least 10 days prior to the meeting and a copy of the ordinance was emailed to all those who
requested notices of ordinance changes. Staff received four letters (attached). The letter
writers appear to want more sign enforcement (placement and theft), more definition on traffic
visibility (defined in section 1201.03 Subd. 2. h.), holiday signage, more signage for residential
properties outside of election periods, fewer signs in the right-of-way, and more maintenance
of the right-of-way. The comments regarding the need for more signage and more holiday
signage are discussed below.
More residential signage
One author suggested that 15 square feet would be a better limit than eight square feet and
that a resident should be able to install commercial signs advertising businesses on their
property.
Regarding the amount of signage, staff and the planning commission discussed the amount of
signage that should be allowed on residential properties at length and specifically if eight or 12
square feet would be right amount. The Commission looked at exhibits of the most likely
temporary sign sizes used on residential properties (12 inches by 18 inches and 18 by 24 inches)
and decided that eight square feet would be adequate. For illustrative purposes, staff provide
the following examples of how much signage that would allow, although the signage is only
limited in size by the total amount. Consequently, it would be possible for a homeowner to put
an eight -square foot sign in their yard and leave it there indefinitely.
Eight square feet examples:
Two 18 x 24 inch signs and one 12 x 18 inch sign or five 12 x 18 inch signs.
Twelve square feet examples:
Three 18 x 24 inch signs or eight 12 x 18 inch signs.
Fifteen square feet examples:
Five 10 x 24 inch signs or ten 12 x 18 inch signs.
An important question to ask is does the community want
Shorewood to look as though it's election season forever? The
goal of the regulations is to strike a balance between each
resident's right to express themselves and the right of the
community for a clean, calm neighborhood.
Regarding allowing commercial signage, the only two types
that are currently allowed are construction signage and real
estate signage. The City of Shorewood's home business
Source: Microsoft Bing Images
regulations were designed to make sure that people can work from home and operate
businesses within the home, but that those businesses should be invisible to the neighborhood,
thus preserving the residential character of the neighborhood. No changes are proposed in
order to protect residential neighborhoods for residential purposes.
Holiday signage:
The resident was concerned that holiday signs are prohibited
and that people can't have Christmas displays or lights.
Decorations are not regulated in the zoning ordinance
(wreaths, tree decorations for easter, Halloween graves, etc.)
and most residential lighting is exempted from light
regulations except for glare and limits of lighting at the
property line. The sign regulations regulate signage and not
holiday lighting or decor.
Source: Microsoft Bing Images
The current code defines holiday signs as a sign that is decorations or messages which
recognize an official national, state or local holiday and is allowed for 30 days. The signs may
not exceed 32 square feet in size.
Under the proposed regulations, any resident can have up to two signs
per year, one at a time, that are between eight and 32 square feet to
express whatever they want, not dependent on any holiday schedule or
limited to holiday messages. (No permit required). Each sign may be
installed for 15 days, one at a time.
Financial or Budget Considerations
The amendments were drafted in-house and would have costs
associated with publication of an ordinance summary if the ordinance
is adopted.
Source: Microsoft Bing Images
Action Requested
Staff and the Planning Commission recommend approval of the proposed ordinance
amendments and the resolution approving summary publication.
Motion to approve ordinance 606 amending section 1201 related to creating content neutral
sign regulations, revise related definitions and consolidate sign regulations in section 1201.03
Subd. 11. Action on this motion requires a minimum 3/2 vote of the City Council.
Motion to approve a resolution adopting a summary publication ordinance allowing publication
of the name of Ordinance 606 and the summary pursuant to MN Statute 331A.01 which would
inform the public of the intent and effect of the ordinance without publishing the entire
ordinance. Action on this motion requires a minimum of 4/5 vote of the City Council.
Current Regulations:
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 to advertise products, goods or services which are
not exclusively related to the premises on which the sign is located.
SIGN AREA. 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
does it contain advertising.
SIGN - BENCH. A sign which is affixed to a bench such as at a bus stop.
SIGN - BUSINESS. Any sign which identifies a business or group of businesses,
either retail or wholesale, or any sign which identifies a profession or is used in the
identification or promotion of any principal commodity or service, including
entertainment, offered or sold upon the premises where the sign is located.
SIGN - CAMPAIGN. A temporary sign promoting the candidacy of a person
running for a governmental office or promoting an issue to be voted on at a
governmental election.
SIGN - CANOPY. Any message or identification which is affixed to a projection
or extension of a building or structure erected in a manner as to provide a shelter or
cover over the approach to any entrance of a store, building or place of assembly.
SIGN - CONSTRUCTION. A sign placed at a construction site identifying the
project or the name of the architect, engineer, contractor, financier or other involved
parties.
SIGN - DIRECTIONAL. A sign erected on public or private property which bears
the address or name or both of a business, institution, religious institution or other use
or activity plus directional arrows or information on location.
SIGN - DIRECTORY. An exterior informational wall sign which identifies the
names of businesses served by a common public entrance in a shopping center.
SIGN - DYNAMIC DISPLAY. A sign or characteristics of a sign that appear to
have movement 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 is in the display, the sign structure itself, or any other component of the sign.
This includes a display that incorporates a technology or method allowing the sign face
to change the image without having to physically or mechanically replace the sign face
or its components. This also includes any rotating, revolving, moving, flashing, blinking,
or animated display and any display that incorporates rotating panels, LED lights
manipulated through digital input, "digital ink" or any other method or technology that
allows the sign face to present a series of images or displays.
SIGN - FREESTANDING. Any stationary or portable, self -supported sign not
affixed to any other structure.
SIGN - HOLIDAY. Decorations or messages which recognize an official national,
state or local holiday.
SIGN - ILLUMINATED. Any sign which is lighted by an artificial light source
either directed upon it or illuminated from an interior source.
SIGN - INFORMATIONAL. Any sign giving information to employees, visitors or
delivery vehicles, but containing no advertising or identification.
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 - ROOF. Any sign which is erected, constructed or attached wholly or in
part upon or over the roof of a building.
SIGN - ROTATING. A sign which revolves or rotates on its axis.
SIGN - STRUCTURE. The supports, uprights, bracing and framework for a sign,
including the sign area.
SIGN - TEMPORARY. Any sign which is erected or displayed for a specific
period of time.
SIGN- WALL. A sign which is affixed to the exterior wall of a building and which
is parallel to the building wall. A wall sign does not project more than 12 inches from the
surface to which it is attached, nor extend beyond the top of the parapet wall.
SIGN - WALL GRAPHIC. A sign which is painted directly on an exterior wall
surface.
SIGN - WINDOW. A sign affixed to or inside of a window in view of the general
public. This does not include merchandise on display.
Section 1201.03 Subd. 11. Signs:
Subd.11. Signs.
a. Purpose. This subdivision is established to protect and promote
health, safety, general welfare and order within the City of Shorewood through the
establishment of a comprehensive and impartial set of standards, regulations and
procedures governing the type, numbers, size, structure, location, height, lighting,
erection, use and/or display of devices, signs or symbols serving as a visual
communication media to persons situated within or upon public rights -of -way or
properties. The provisions of this subdivision are intended to encourage opportunity for
effective, orderly communication by reducing confusion and hazards resulting from
unnecessary and/or indiscriminate use of communication facilities.
b. Permitted and prohibited signs-
(1) Permitted signs. The following signs are allowed without a
permit, but shall comply with all other applicable provisions of this chapter:
(a) Public signs,
(b) Address signs;
(c) Integral signs;
(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 permitted 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 time, 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 noncommercial 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;
(e) Holiday signs, displayed for a period not to exceed 30
days and no larger than 32 square feet in area;
(f) 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. Corner 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 be limited to three
square feet in area and eight feet in height 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.
(2) Prohibited signs. The following signs are specifically
prohibited by this chapter:
(a) Any sign which obstructs the vision of drivers or
pedestrians or detracts from the visibility of any official traffic -control device;
(b) Any sign which contains or imitates an official traffic
sign or signal, except for private, on -premises directional signs;
(c) Any sign which moves, rotates, has any moving parts
or gives the illusion of motion, except for time and temperature information and dynamic
display signs as regulated in g. of this subdivision;
(d) Except for holiday signs and exceptions provided in
provision c.(4) below, any sign which contains or consists of banners, pennants,
ribbons, streamers, strings of light bulbs, spinners or similar devices;
(e) Portable signs (except as provided in provision c.(4)
below);
(f) Signs which are attached in any manner to trees,
fences, utility poles or other permanent supports;
(g) No sign shall be illuminated with any flashing or
intermittent lights, nor shall it be animated, except for time and temperature information.
All displays shall be shielded to prevent any light to be directed at on -coming traffic in
the brilliance as to impair the vision of any driver. No device shall be illuminated in a
manner as to interfere with or obscure an official traffic sign or signal. No light shall be
directed onto a lake so as to interfere with navigation thereon;
(h) Roof signs.
(i) Window signs where the total area of such signs
exceeds 10% of the total glass area of the window space as viewed from the street, to a
maximum of 20 square feet.
C. General provisions.
(1) All signs shall comply with the Minnesota State Building
Code as may be amended.
(2) When electrical signs are installed, the installation shall be
subject to the State Building Code as may be amended.
(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.(1)(d) 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 be
considered abandoned and are subject to immediate removal and disposal without
notice.
(4) Temporary signs.
(a) The temporary use of signs, searchlights, banners,
pennants and similar devices shall require a permit. The permit shall be valid for ten
consecutive days. The permit shall be prominently displayed during the period of
validity. Only two temporary permits may be granted for any property within any 12-
month period. Temporary signs shall not exceed 32 square feet in area. Any new
business that has applied for its permanent business sign may, at the same time, apply
for a temporary business sign to be displayed for no longer than 30 days, or until the
permanent sign has been erected, whichever comes first. The temporary business sign
shall be professionally prepared and shall be no larger than the approved permanent
sign.
(b) A conditional use permit may be 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 may be 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.
(5) No sign or sign structure shall protrude over a public right-of-
way.
(6) All signs which require a permit shall display, in a
conspicuous manner, the owner's name, permit number and date the sign was erected.
(7) All height restrictions on signs shall include height of sign
structure and be measured from lot grade.
(8) 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 computing the allowable area of the sign.
(9) Any sign now or hereafter existing which no longer
advertises or identifies a business conducted, service rendered or product sold on the
premises shall be removed by the owner, agent or person having the beneficial use or
control of the building or structure upon which the sign may be found within 60 days
from the date of vacancy.
(10) The regulations contained herein shall not apply to traffic
signs or the flag, separate emblem, or insignia of a nation, political unit, school or
religious group, or integral signs. There shall be no more than one United States flag
and no more than three other non-commercial flags. Nor shall these regulations pertain
to a sign inside a building, provided the sign is at least three feet in back of the inside of
the exterior wall and is readable from the inside of the building.
(11) All signs requiring a permit from the city shall be subject to
review and approval by the Zoning Administrator.
d. Nonconforming signs.
(1) The following are nonconforming signs:
(a) Prohibited signs;
(b) All other signs not prohibited that do not conform to
the provisions of this chapter;
(c) Billboards and advertising signs (except as provided
in provision e.(3)(b) of this subdivision).
(2) Except as provided in paragraph (5) below, all
nonconforming and prohibited signs created by this chapter except those signs
exempted by state statutes (M.S. § 462.357, subd. 1c) shall be removed or brought into.
conformity with this chapter within the following time periods:
(a) Any sign in violation of prohibited signs: six months
from the date of the enactment of this chapter;
(b) All other nonconforming signs: upon approval of any
building permit, sign permit, or other zoning action.
(3) A nonconforming sign may not be:
(a) Changed to another nonconforming sign;
(b) Structurally altered except to bring into compliance
with the provisions of this chapter;
(c) Expanded;
(d) Reestablished after its removal;
(e) Reestablished after damage of more than 50% of sign
replacement cost except to bring into compliance.
(4) Nothing in this subdivision shall be construed as relieving the
owner or user of a legal nonconforming sign or owner of the property on which the legal
nonconforming sign is located from the provisions of this subdivision regarding safety,
maintenance and repair of signs contained in subdivision 11c., provided, however, that
any repainting, cleaning and other normal maintenance or repair of the sign or sign
structure shall not modify the sign structure or copy in any way which makes it more
nonconforming or the sign shall lose its legal nonconforming status.
(5) Notwithstanding provisions to the contrary within this
subdivision, nonconforming off site directional signs located on public rights -of -way may
continue upon a finding by the City Council that:
(a) The sign is reasonably necessary to provide direction
to the business which is advertised by the sign;
(b) The sign (or a substantially similar predecessor) has
been at the location for at least 20 years;
(c) The sign has not represented a safety hazard or an
obstruction to ordinary roadway maintenance activities.
(6) The Council may condition the permission upon the owner of
the establishment entering into an agreement with the city addressing matters, including
liability, indemnity of the city, circumstances calling for removal of the sign, permit fees
and other matters deemed appropriate by the city.
(7) In lieu of permitting the existing sign to remain at its existing
location the City Council may authorize the location of a substitute sign in the existing
location or a different location.
e. District regulations. The following sign standards by zoning district
pertain to signs which require application and permit.
(1) R-1A through R-38 Residential Districts.
(a) Area identification signs (monument type only). One
sign facing each bordering street shall be allowed for each development of 20 or more
units. The sign shall not exceed 32 square feet in area, nor shall the sign structure
exceed one-half of the allowable copy area. The signs shall be erected only at the
dedicated street entrance, but not in the public right-of-way, may be indirectly
illuminated and shall not exceed a height of eight feet above grade.
(b) Institution signs. One freestanding sign not to exceed
20 square feet in area. The freestanding sign may be indirectly illuminated and shall not
exceed a height of eight feet above grade. Freestanding signs located adjacent to
intermediate or minor arterial streets, as identified in the Shorewood Comprehensive
Plan, may be internally lit. In addition, one wall sign may be allowed by conditional use
permit, subject to the following:
(i) The total area of signage, including the wall
sign, shall not exceed 5% of the building silhouette as viewed from the street;
(ii) The wall sign may be indirectly illuminated.
(c) Park identification signs. One sign facing each
bordering street. The sign shall not exceed 20 square feet in area nor eight feet in
height. The signs may be indirectly illuminated.
(d) Subdivision plat signs. No more than two temporary
signs advertising a new subdivision plat, provided each sign does not exceed 32 square
feet in area, identifying only the plat in which they are located, are nonilluminated and
are erected only at dedicated street entrances to the plat. The signs shall be removed if
construction of subdivision improvements is not in progress on the plat within 60 days
following the date of the sign erection or as soon as 80% of the lots are developed and
sold.
(e) Cemetery identification signs. One freestanding sign
not to exceed 20 square feet in area. The freestanding sign may be affixed to an entry-
way arch, not exceeding 18 feet in height.
(2) R-C Residential/Commercial. Subject to other conditions of
this chapter, the following signs shall be allowed in the R-C District:
(a) Signs are regulated in e.(1) above;
(b) Business signs in the R-C Districts shall be subject to
the requirements of § 1201.19 Subd. 8.d. of this code.
(3) C-9 and C-2 Commercial Districts. Subject to other
conditions of this chapter, the following signs shall be allowed in the C-1 and C-2
Districts.
(a) Business signs.
(i) The maximum number of signs for any
principal building shall be three except by conditional use as provided in (c) below. The
maximum total area for all signs shall be determined by taking 10% of the gross
silhouette area of the front of the building. Where the principal building is on a corner lot
and thus faces two public streets, both sides may be counted.
(ii) For purposes of determining the gross area of
the silhouette of the principal building, the silhouette shall be defined as that area within
an outline drawing of the principal building as viewed from the front lot line or from the
related public street(s).
(iii) Each lot will be allowed only one freestanding
sign except as provided in (c) below.
(b) Advertising signs. Advertising signs are allowed,
provided the number and size of the signs shall be subtracted from the allowable
number and size of allowable business signs provided in (a) above. In no case shall the
area of advertising signs exceed 25% of the total allowable sign area.
(c) Conditional uses. In the case of a shopping center or
where there are two or more business uses, a conditional use permit may be granted to
the entire shopping center in accordance with an overall site and signage plan indicating
the size, location and height of all signs. A maximum of 10% of the gross area of the
building silhouette shall apply to the principal building where aggregate allowable sign
area is distributed among the several businesses. In the case of applying this
conditional use permit to a shopping center, the shopping center may have two
freestanding signs identifying the shopping center.
(d) Freestanding signs. Freestanding signs shall not
exceed 20 feet in height or 80 square feet in area. The total area of the sign structure
shall not exceed one- half of the allowable copy area.
(e) Window signs. The total area of window signs shall
not exceed 10% of the total area of windows as viewed from the street. Window signs
with lettering exceeding 3.5 inches in height shall be debited against the total number
and area of signs allowed for the property.
(f) Menu boards. One digital order confirmation sign and
one menu board sign per restaurant use with a drive -up facility may be allowed in
conjunction with a conditional use permit. The menu board shall not exceed 32 square
feet in area, nor more than eight feet in height, and may be in addition to the
freestanding sign on the property. The digital order confirmation sign shall not exceed
seven square feet and no advertising signage may be placed on the supports or frame
of the sign.
(4) Signs permitted in the P.U.D. Planned Unit Development
District.
(a) Signs permitted in P.U.D.s shall be as approved by
the City Council for each development and shall be consistent with the requirements for
the district most closely associated with each use in the P.U.D.
(b) For P.U.D.s containing 20 acres or more of land, the
city may allow larger construction signs than those allowed in b.(1)(f) of this subdivision.
In determining the size and allowable area of signs in a P.U.D., the city shall take into
consideration the functional classification and designated speed limit of adjacent roads
and potential impact on adjoining residential areas. In no case shall the total allowable
area of construction signs exceed three square feet for each acre of land within the
P.U.D. The total area of the sign shall not exceed 100 square feet and no individual sign
shall exceed 80 square feet.
f. Permit issuance, fees.
(1) No permanent sign shall be erected in the City of Shorewood
until a permit to do so has been approved by the Zoning Administrator and issued by
the office of the Building Official (signs stipulated in b.(1) above shall be exempt from
this requirement). No permit shall be granted until the necessary fee has been paid and
until the Building Official, or his/her designee, has made a preliminary inspection of the
sign before installation and has ascertained that the sign and method of installation
comply with all requirements of this chapter. The Building Official may require that
detailed plans and specifications be submitted with the application if necessary in his or
her judgment. Following permit issuance and sign erection, the Building Official shall
make a final inspection of the sign, and if it complies in every respect with the minimum
standards set forth in this chapter, shall endorse on the permit his or her certificate of
approval.
(2) No temporary sign shall be erected in the City of Shorewood
until a zoning permit to do so has been approved by the Zoning Administrator,
consistent with § 1201.07 Subd. 7. of this chapter. No zoning permit shall be granted
until the necessary fee has been paid. The Zoning Administrator may require an
inspection to determine that the sign has been installed in compliance with the minimum
standards set forth in this chapter or to confirm removal as directed in the zoning permit.
(3) Fees:
(a) Payment of fees. The permit fee and other fees and
charges set forth in this chapter shall be collected by the city before the issuance of any
permits and the Building Official, or other persons duly authorized to issue the permit for
which the payment of a fee is required under the provisions of this chapter, may not
issue a permit until the fees shall have been paid.
(b) Double fees. If a person begins work of any kind for
which a permit from the city is required, without having secured the necessary permits
therefor, either previous to or on the date of commencement of the work, he or she
shall, when subsequently securing each permit, pay double the fee provided for the
permit, or is subject to the penalty provisions of this chapter.
(c) Initial fees. The City Council shall, from time to time,
establish a fee schedule by ordinance.
g. Dynamic display signs.
(1) Purpose. The purpose of this section is to allow new
technologies in commercial signage that allow messages to be easily updated, while at
the same time preventing distraction to motorists and minimizing visual impacts of
electronic signage on residential properties. The city finds that dynamic displays should
be allowed on signs but with significant controls to minimize their proliferation and their
potential threat to public safety.
(2) Permitted sign type and locations.
(a) Dynamic display signs are permitted solely as free-
standing signs and only in the C-1, General Commercial and C-2, Commercial Service
Zoning Districts. Dynamic display signs shall be located no closer than 20 feet from a
side lot line. The dynamic display portion of a freestanding sign shall be located at the
bottom of the sign face. Any portion of a dynamic display sign that consists solely of an
alpha -numeric message shall not be counted in the allowable area for the dynamic
display sign, provided the alpha -numeric message remains static for no less than four
hours at a time.
(b) To the extent that signage is allowed in the residential
zoning districts, including the R-C, Residential/Commercial Zoning District, dynamic
display signs shall be restricted to conditional uses in those districts, and shall be limited
to alpha -numeric signs only. Alpha -numeric institutional signs shall be limited to 20
square feet in area and shall be timed to remain static for no less than 90 minutes at a
time.
(3) Duration of image. A dynamic display sign's image, or any
portion thereof, may not change more often than once every ten minutes, except one for
which changes are necessary to correct hour -and -minute, date, or temperature
information and except as provided in (2) above. A display of time, date, or temperature
must remain for at least ten minutes before changing to a different display, but the time,
date, or temperature information itself may change no more often than once every 60
seconds.
(4) Transition. If a dynamic display sign's image or any portion
thereof changes, the change sequence must be instantaneous without any special
effects.
(5) Prohibition on video display. No portion of a dynamic display
sign may change any part of its sign face by a method of display characterized by
motion or pictorial imagery, or depict action or a special effect to imitate movement, or
display pictorials or graphics in a progression of frames that gives the illusion of motion
of any kind.
(6) Prohibition on fluctuating or flashing illumination. No portion
of a dynamic display sign image may fluctuate in light intensity or use intermittent,
strobe or moving light, or light that changes in intensity in sudden transitory bursts,
streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of
movement.
(7) Audio. Dynamic display signs shall not be equipped with
audio speakers.
(8) Malfunctions. Dynamic display signs must be designed and
equipped to freeze the sign face in one position if a malfunction occurs. Dynamic
display signs must also be equipped with a means to immediately discontinue the
display if it malfunctions, and the sign owner or operator must immediately turn off the
display when notified by the city that it is not complying with the standards of this
subdivision.
(9) Brightness. All dynamic display signs shall meet the
following brightness standards:
(a) No dynamic display sign may exceed a maximum
illumination of 5,000 nits (candelas per square meter) during daylight hours and a
maximum illumination of 500 nits (candelas per square meter) between sunset to
sunrise as measured from the sign's face at maximum brightness.
(b) All dynamic display signs having illumination by
means other than natural light must be equipped with an ambient light sensor and a
dimmer control or other mechanism to continuously adjust the sign's brightness to
ensure at any time the sign's intensity does not exceed 0.3 foot candles above ambient
light levels as measured from 100 feet from the sign's face and automatically controls
the sign's brightness to comply with the requirements of this subdivision.
(c) No dynamic display sign may be of such intensity or
brilliance that it interferes with the effectiveness of an official traffic sign, device or
signal.
(d) The owner or controller of the dynamic display sign
must adjust the sign to meet these brightness standards in accordance with the city's
instructions. The adjustment must be made immediately upon notice of non-compliance
from the city.
(e) A written certification from the sign manufacturer that
light intensity has been preset to conform to the brightness levels established by code
and that the preset level is protected from end user manipulation by password protected
software or other method. This would offer the advantage of ensuring that electronic
signs at a minimum cannot exceed the standards.
(10) Sign area limitation. Dynamic display signs are allowed only
on free standing signs in the permitted districts. Dynamic display signs may occupy no
more than 25% percent of the actual copy and graphic area. The remainder of the sign
must not have the capability to have dynamic displays even if not used. Only one,
contiguous dynamic display area is allowed on a sign face.
(11) Distance from residential/hours. Dynamic display signs shall
be located not closer than 100 feet from a residential zoning district and any dynamic
display sign located within 500 feet of single- and two-family residential homes must be
programmed to freeze the image between the hours of 10:00 p.m. and 6:00 a.m.
t
City of Shorewood
Title/Subject:
Meeting Date
Prepared by:
Attachments:
BACKGROUND
Planning Commission Meeting Item
Zoning Regulation Amendments for Content Neutral Signage
March 19, 2024
Marie Darling, Planning Director
Comparison of Existing and Proposed Ordinances
Current Regulations
Previous Commission memos and minutes from the discussions
League of MN Cities memo on Sign Regulations
Draft Ordinance
Correspondence Received
Why make these changes?
In 2022, the Planning Commission and City Council reviewed several amendments related to
noncommercial speech signs and campaign signs. It was very clear that although those amendments
helped to clean up a few issues in the sign code, the regulations and the approach to sign regulations in
the current code are very dated and run contrary to pertinent case law regarding signage, specifically
Reed v. Town of Gilbert. This case essentially determined that a city may not restrict expression based on
its content (e.g., distinguishing between garage sale signs, wedding signs, campaign signs), but still may
regulate signs on a reasonable time, place, and manner restrictions.
In order to protect the city against challenge, staff proposed to amend the City's sign regulations. The
sign regulations have remained structurally the same since the zoning regulations were adopted in the
70's and 80's. The proposed sign regulations were drafted in-house over the course of the last year, with
the Planning Commission informally reviewing the draft every few months.
What's changing?
The attached proposed sign regulations and other related changes were drafted to protect the city by
removing content restrictions. The approach to these changes was to keep the number and dimensions
of permitted signs as consistent as possible, but to provide a firm and solid basis to protect the city
against challenges, especially those which the city would lose on their face value.
Attorney's Review
The City Attorney's office has reviewed the draft sign regulations and the Commission had previously
asked for a summary of their comments:
Planning Commissions Concern with the word "aesthetic": The Attorney responded that regulating
aesthetics is considered a substantial government interest and has been upheld in court cases. As a result
it is appropriate for the sign regulations to use this word in its purpose, intent and finding paragraphs.
The regulations should not be more restrictive than is necessary to achieve the goal of the regulations.
Page 2
Staff finds the regulations define and set the standards for what the communities "aesthetic standards"
are and using the word "aesthetic" makes the code stronger.
Purpose, intent, and findings section: The City Attorney added additional language to enhance and
strengthen these sections.
Real estate signs on vacant lots: The Planning Commission was concerned about whether as an accessory
use the signs would be permitted on vacant property. The Attorney recommended adding a statement
allowing for sale signs on vacant property in paragraph d. Scope and Applicability.
Staff also worked with the attorney to:
1) Include an additional construction project sign and crafted those regulations similarly to real
estate signage. The current ordinance allows more square footage (50 square feet) for this
type of sign than the proposed (six square feet for residential projects and 20 square feet for
nonresidential). Staff finds the 50 square feet sign out of proportion with more properties in
Shorewood.
2) Exempt political signs from the maximum size sign permitted.
3) Adjust to how non -general election years were referenced for noncommercial speech signs.
Instead of referring to non -general election years as "other public election years" they are
proposed to be referenced as "elections without primaries".
How will these changes affect most residents?
Most residents won't notice anything different with the sign regulations. Commercial signs (like home
occupation signs) will still be prohibited on residential properties except for additional signage allowed to
advertise properties for sale or when construction projects are proposed. Noncommercial speech signs
(protest signs, election signage, etc.) will be regulated the same way that was set up in 2022 for signage
during the election season and will follow the residential maximum signage and the required five-foot
setback to the property lines outside the election season.
Is there more information on the proposed amendment?
All of the previous staff reports are included to provide more information as well as the League of
Minnesota Cities handout regarding sign regulations.
PUBLIC NOTICE AND INPUT
The public hearing for these amendments was published in the city's official newspapers at least 10 days
prior to this public hearing and posted on the website. One letter was received and is attached to the
staff report. Prior to review by the City Council, the ordinance will be posted in City Hall, on the website,
and distributed to all who have requested copies of proposed ordinances.
RECOMMENDATION
Staff recommend the Planning Commission review the proposed amendments, open a public hearing and
take any testimony offered, and provide a recommendation on the ordinance to the City Council.
Page 3
Side by side comparison of current and proposed sign regulations for each type of land use:
Currently Shorewood's regulations allow the following signs for single-family, two-family, quadraminiums,
and townhouses uses:
Type of Residential Sign
Number
Area
Height
Integral Sign (wall signs carved on walls of
Not Specified
Not specified
Not specified
buildings, not meant for residential, but the
code is unclear in application)
Owner Occupant Signs
1
2 sq. ft.
Not specified
Address sign (addresses only)
Not specified
Not specified
Not specified
Holiday signs (temporary)
Not specified
32 sq. ft.
Not specified
Construction Sign (temporary)
One per street
50 sq. ft.
Not specified
Real estate and rental signs
1 per frontage plus one
6 sq. ft.
Not specified
for lakeshore
Informational/Directional — (Not meant for
Not Specified
3 sq. ft.
8
residential by definition, but the code is unclear
in application after Reed v Gilbert)
Temporary signs (banners, pennants streamers)
2
32 square feet
Not specified
— (Not meant for residential, but the code is
unclear in application)
Non-commercial speech signs during election
Unlimited with a five-foot
Unlimited
Not specified
season
setback from streets
except at corners.
Under the new regulations, the signs allowed in for the same uses are as follows:
Type of Residential Sign
Number
Area
Height
Total area of permanent or temporary signs*
Up to 8 sq. ft.
8 sq. ft.
6
Additional signs allowed:
Temporary signs between 8 and 32 square feet
(replaces holiday and event signs)
1 at a time, 2 per year
32 sq. ft.
8
For properties available for sale or lease
1 per street/lake frontage
6
8
For properties with a construction project
1 per street frontage
6
8
Non-commercial speech signs during election
season
Unlimited with a five-foot
setback from streets
Unlimited
Not specified
except at corners
*Signs required by other parts of city code are not subject to this limitation, like address signs.
Page 4
Multiple Family and Non -Residential Signs:
The current regulations allow the following for multiple family and nonresidential properties in residential districts:
Type of Sign
Number
Area
Height
Freestanding sign
1
20 sq. ft.
8 ft.
Wall sign by CUP (excludes multiple family)
1
5% of building
silhouette
Not specified
Park Identification signs
1 per street
20 sq. ft.
8 ft.
Cemetery identification sign (sign may be on entry arch)
1
20 sq. ft.
18 ft.
Dynamic display signs by CUP (25% of actual copy area) for
non-residential uses only
1
20 sq. ft.
8 ft.
Integral sign (wall signs carved into a building)
Not specified
Not specified
Not specified
Holiday signs (temporary)
Not specified
32 sq. ft.
Not specified
Construction sign (temporary)
One per
street
50 sq. ft.
Not specified
Real estate and rental signs
1 per
frontage
6 sq. ft.
Not specified
Informational/directional
Not Specified
3 sq. ft.
8
Temporary signs (banners, pennants streamers)
2
32 sq. ft.
Not specified
Athletic signs in ballfields by CUP
15
24.5 sq. ft. each
42 inches
The proposed regulations would allow the following for multiple family and non-residential uses:
Type of Sign
Number
Area
Height
Freestanding sign
1
20 sq. ft. (included
9 ft.
in maximum)
Wall sign (no CUP required)
1 per property (multiple
10% of building
Not specified
family)
silhouette (included
1 per frontage (other
in maximum)
uses)
Cemetery uses (sign may be on entry arch)
1
20 sq. ft.
18 ft. (if on
entry arch)
Dynamic display signs (no CUP) (25% of
1
20 sq. ft.
8 ft.
actual copy area)
Construction sign (temporary)
1
20 sq. ft.
Not specified
Real estate and rental signs
1 per frontage
20 sq. ft.
Not specified
Temporary signs (signs, banners, pennants
4
32 sq. ft.
Not specified
streamers)
Athletic field signs in ballfields: no CUP,
15
24.5 sq. ft. each
42 inches
other restrictions the same
Page 5
Commercial districts:
The current regulations allow for the following signs. Please note the L-R and R-C districts are slightly
different and not reflected in this table.
Type of Sign
Number
Area
Height
Freestanding sign
3
10% of building silhouette,
freestanding not greater
than 80 square feet
20 ft.
Wall sign by CUP (excludes multiple family)
Window signs (lettering over 3.5 inches in hgt.
count toward total signage)
10 percent of window area, up to 20 square
feet
NA
Menu boards
2
Total of 39 sq. ft.
8 ft.
Dynamic display signs by CUP (25% of actual
copy area)
1
20 sq. ft.
NA
Integral sign (carved into a building)
Not specified
Not specified
Not specified
Holiday signs (temporary)
2
32 sq. ft.
Not specified
Construction sign (temporary)
One per
frontage
50 sq. ft.
Not specified
Real estate and rental signs
1 per frontage
20 sq. ft.
Not specified
Informational/directional
Not Specified
3 sq. ft.
8
Temporary signs (banners, pennants streamers)
2
32 sq. ft.
Not specified
Shopping Center Signage by CUP (wall and
freestanding)
2
(freestanding)
10% of gross silhouette
20
The proposed regulations would allow the following for commercial uses (excluding the L-R and R-C
districts):
Type of Sign
Number
Area
Height
Freestanding sign
20 sq. ft. (included in
20 ft.
3
maximum)
Wall signs
10% of building silhouette
Not specified
(included in maximum)
Window signs (lettering over 3.5 inches in
10 percent of window area up to 20 square feet
NA
hgt. count toward total signage)
Extra signage for drive-thru lanes
2
Total 39 sq. ft.
8 ft.
Dynamic display signs (no CUP) (25% of
1
Max. 20 sq. ft.
8 ft.
actual copy area)
Extra temp signage for construction
1
20 sq. ft.
Not specified
projects
Extra temp signage for lease and sale
1 per frontage
20 sq. ft.
Not specified
Temporary signs (signs, banners, pennants
4
32 sq. ft.
Not specified
streamers)
Shopping Center signage by CUP (wall and
2
10 % of gross silhouette
20 ft.
freestanding)
(freestanding)
Extra Permanent parking lot signage
10
12 square inches
Not specified
Extra permanent small signage
1 per street
3 square feet
8 ft.
access
CITY OF 5C
SHOREWOOD
5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927. 952.960.7900
www.ci.shorewood.mn.us • cityhaII@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission
FROM: Marie Darling, Planning Director
MEETING DATE: February 1, 2023
RE: Upcoming Discussion of Amendments to Improve Content Neutral Sign
Regulations
Last year, the Planning Commission reviewed several proposed amendments to City Code related to
noncommercial speech signs and campaign signs. That was just the start of improvements needed of the
sign regulations.
Cities are to regulate signs pursuant to the police powers applicable to zoning, but much of the content of
signs is protected by the First Amendment to the US Constitution, which says:
Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the press: or the
right of the people peaceably to assemble, and to petition the Government for a
redress of Grievances.
There are numerous court cases that have overturned local ordinances which attempt to regulate or enforce
signage regulations that regulate content. There are too many to quote individually, but the latest major
ruling was the United States Supreme Court's ruling in Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015).
This case essentially determined that a city may not restrict expression based on its content (e.g.,
distinguishing between garage sale signs, wedding signs, campaign signs), but still may regulate signs on a
reasonable time, place, and manner restrictions. Following Reed, cities have regulated the following:
• Rules regulating the size of signs.
• Rules regulating the locations in which signs may be placed.
• Rules distinguishing between lighted and unlighted signs.
• Rules distinguishing between signs with fixed messages and electronic signs with messages
that change.
• Rules that distinguish between the placement of signs on private and public property.
• Rules distinguishing between the placement of signs on commercial and residential
property.
• Rules distinguishing between on -premises and off -premises signs.
• Rules restricting the total number of signs allowed per mile of roadway.
• Special rules for government signs.
Attached is a copy of the current sign regulations. Over the next month, please review these regulations
and see if you can spot the areas where Shorewood's rules are regulating content versus the list of
acceptable means above to restrict signage.
As you begin to think about changes to the current ordinance to amend sections that conflict with the
above, it will be important to think about better ways to regulate signage.
ATTACHMENTS:
City Council Worksession Memo from February 14, 2022
Minutes from February 14, 2022 City Council meeting
Draft Ordinance
r`
City of Shorewood
Title/Subject:
Meeting Date:
Prepared by:
Attachments:
Planning Commission Meeting Item
Content Neutral Sign Amendments Discussion
May 2, 2023
Marie Darling, Planning Director
Current Regulations
Memo from Feb. 1, 2023
Draft regulations
APPLICANT: City of Shorewood
LOCATION: City -Wide
REVIEW DEADLINE: NA
This is the first look at the re -write of the sign regulations to increase content neutrality. Staff will be
drafting the regulations in pieces as workload allows. To begin, the City Attorney has reviewed the city's
current regulations and identified the most problematic areas and staff will address each and request
input from the Planning Commission on the policy issues that are found along the way.
The first sections in the attached draft are designed to protect the city by outlining the city's declaration
not to regulate content and to identify what the governmental interests are in regulating signs and the
administration of the regulations. Staff used the following resources to base the proposed language on:
The Cities of Hopkins, Richfield, and Plymouth, as well as the League of Minnesota Cities guidance.
At the meeting, please provide comments on and discuss sections a — h in the attached draft.
Moving forward with subsequent sections:
Staff will be completing the following sections for upcoming meetings: 1) the general provisions for all
districts; 2) those specific to residential uses and districts; and 3) nonresidential uses and districts as well
as the related definitions. To move forward, some basic questions on policy would need to be addressed.
The first one is - How many square feet of signage should be permitted?
Residential Properties.
The current regulations are dependent on the content of the signs to determine the size and quantity
allowed. Shorewood's content neutral approach for determining how many signs should be permitted in
residential districts could instead be based on a certain amount of square footage for all the signs
allowed, with the property owner deciding how the area gets divided up or allowing a certain number of
signs with a maximum size and height for each sign.
Hopkins allows a total of eight square feet per property, with no one sign greater than eight square feet in
area or six feet in height. Richfield allows 12 square feet per property with no one sign greater than six
square feet or six feet in height.
Shorewood currently allows eight types of signs in residential areas (see table at the end of the report).
Three of the allowed signs have not been applied to residential properties that staff is aware of, but the
Page 2
regulations don't specifically exclude residential use (integral, temporary, and directional/informational).
Three signs are temporary and apply only during specific circumstances (holiday, construction and real
estate).
Staff recommends setting a maximum limit on square footage with a maximum
Y.
area for all signs, like 12 square feet (similar to Richfield) with the maximum
size of 12 square feet in area and six feet in height. Most noncommercial
VKINE -_
speech signs (like Black Lives Matter, I stand with Ukraine, Blue Lives Matter,
--- MN
etc.) are 18 inches by 24 inches (see right). With a 12 square foot limit, any one
property could have four such signs at any one time.
i �,
_ r
Note that these restrictions would not apply to the non-commercial speech signs which are permitted in
any size and number during the election season.
Non -Residential uses in Residential Districts.
Non-residential uses, like schools, parks, religious institutions,
etc., in residential districts would also need to have maximum
limits but unlike residential uses, institutional uses need
additional area for signage for wayfinding and other traffic
circulation purposes. Badger Park/City Hall (9.75 acres) currently
has seven signs with a total square footage of about 45
square feet. Freeman Park, with over 60 acres, must have
wayfinding signage and park rules signs in addition to the two
monument signs. Additionally, the new Three Rivers
wayfinding signage and kiosk, will also need to be accounted
for. At the time this report was printed, staff had not
received the dimensions for the signage.
For such uses, Richfield allows a maximum of 100 square feet
i
d
Signs at Badger Park
of signage with no one sign larger than 50 square feet or 20
feet in height. Staff would recommend maintaining the
current Shorewood maximum sign sizes for signs — 20 square feet in area and eight feet in height.
There are a couple of alternatives for the total maximum square footage allowed on the property:
+ A flat cap like Richfield has, or
A floating cap based on the total square acreage of the property, like 50 square feet for
each 10 acres of land area.
Please consider these options and discuss.
Page 3
List of Allowed Signs:
Residential Signs: Currently Shorewood's regulations allow the following signs for residential uses:.
Type of Residential Sign
Number
Area
Height
Integral Sign
Not Specified
Not specified
Not specified
Owner Occupant Signs
1
2 sq. ft.
Not specified
Address sign
Not specified
Not specified
Not specified
Holiday signs (temporary)
Not specified
32 sq. ft.
Not specified
Construction Sign (temporary)
One per street
50 sq. ft.
Not specified
Real estate and rental signs
1 per frontage plus one
for lakeshore
6 sq. ft.
Not specified
Informational/Directional
Not Specified
3 sq. ft.
8
Temporary signs (banners, pennants streamers)
2
32 square feet
Not specified
• Does not include subdivision signs and area identification signs which are neighborhood signs and not
applicable to an individual residential property.
Institutional Signs:
Type of Institutional Sign
Number
Area
Height
Institution freestanding sign
1
20 sq. ft.
8 ft.
Institution wall sign by CUP
1
5% of building
silhouette
Not specified
Park Identification signs
1 per street
20 sq. ft.
8 ft.
Cemetery identification sign (sign may be on entry arch)
1
20 sq. ft.
18 ft.
Dynamic display signs by CUP (25% of actual copy area)
1
20 sq. ft.
8 ft.
Integral sign
Not specified
Not specified
Not specified
Holiday signs (temporary)
Not specified
32 sq. ft.
Not specified
Construction sign (temporary)
One per
street
50 sq. ft.
Not specified
Real estate and rental signs
1 per
frontage
6 sq. ft.
Not specified
Informational/directional
Not Specified
3 sq. ft.
8
Temporary signs (banners, pennants streamers)
2
32 sq. ft.
Not specified
Athletic signs in ballfields by CUP
15
24.5 sq. ft.
42 inches
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
MAY 2, 2023
Page 2 of 4
OTHER BUSINESS
A. Amendments for Content Neutral Signage (Section 1201.03, Subd, 11 of City Code)
Applicants:
Planning Director Darling gave a brief presentation on the City's efforts to convert sign regulations
into a 'content neutral' format as required based on several Supreme Court decisions. She noted
that staff had taken inspiration from Hopkins, Richfield, Plymouth, as well as guidance from the
League of Minnesota Cities.
Commissioner Huskins stated that the term 'permanent' sign is used, but he did not see that was
one of the definitions in the information included in the packet.
Planning Director Darling agreed and noted that it would have to be added. She explained that
she wanted to wait on the definitions because there will be several new definitions that will be
necessary.
Chair Gorham referenced Subd 11, A and B, and noted that the portion about permitted and
prohibited signs, it mentions public signs, address signs, integral signs, and campaign signs. He
noted that those are not terms that are used in the list of allowed signs in the tables.
Planning Director Darling explained that those were all from the current ordinance and explained
that was one of the reasons that they are redoing this section because they are specific to content
and they have to be made content -neutral. She gave examples of sign names that cannot be
used that would be based on their content and noted that tonight's conversation is just about the
first part of the sign regulations and more language would be coming back for future discussions.
Commissioner Huskins noted that he had comments and observations line by line on the
information that was sent to the Commission.
Planning Director Darling suggested that they review the items line by line and the Commission
can share their feedback.
The Commission gave the following feedback:
Findings a (1): — Add the word 'can' in front of have.
Findings a (4): - Define the word 'aesthetics' so it is not subjective. Use "could" instead of "would"
Findings b (2)(b): - questioned highlighting aesthetics as visual clutter, and change 'that is' to
'when'; suggested wording 'by preventing signage that is harmful to the appearance of the
community'
Findings b (2)(c): - clarify the phrase 'improve the visual appearance of the city' and discussed
the City's goals and mission
Findings b (2) (d): - discussion of the phrase 'fair and consistent' and the possibility of including
some statement that reminds people that the City is complaint based
Findings c Effect: - discussion regarding ensuring the words used, such as 'section' 'chapter' and
'article' were being used consistently
Findings c (2): - discussion of consistency in the language used and suggested 'subject to the
standards set forth herein' within the first paragraph
Findings d: - discussion of terms and consistency
Findings e: - discussion regarding possible confusion and the possible creation of a loophole
Findings f. (1) — discussion of the need for definition for 'permanent signs'
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
MAY 2, 2023
Page 3 of 4
Findings f. (2) — clarify that inspections are always required for permanent signs, add 'or designee'
following Zoning Administrator
Review (c): - discussion regarding the need for the phrase 'as may be amended from time to time'
and suggested clarifying wording with the City Attorney.
Review (d): - Planning Director Darling suggested striking 'through the City's permit portal'
Exceptions (4)(b): - Incomplete sentence
Exceptions (4) (f): - discussion surrounding the term 'public signs'
Prohibited Signs (g) (6): - discussion about adding shrubs to the list
Prohibited Signs (g) (7): - flashing signs, possible wording that would differentiate between a
public sign and others
Prohibited Signs (g) (9): - should perhaps be separated into two items in order to be clear
Noncommercial Speech Signs (h): - discussion about a creating a separate section that carves
out signs that have nothing to do with elections; include language about traffic visibility in each
section;
Planning Director Darling suggested that the Commission move the discussion onto how to begin
thinking about the regulation of residential signage. She noted that she had hoped to keep the
amounts of signage proposed to be allowed consistent with the current code but explained that
there may be challenges with that approach.
The Commission discussed regulating by number of signs based on the size of lot; fixed number
of signs consistent across the board; equity; enforcement; Richfield's code details; sign sizes;
holiday signs and inflatables;
Planning Director Darling noted that she was suggesting that the Commission recommend
capping the total limit of signs, similar to Richfield. She explained that the current ordinance does
have some holes that she would like to see addressed.
There was consensus of the Commission to limit the size of signs to a total of 12 sq. feet
for residential properties in residential districts.
Planning Director Darling moved the discussion toward non-residential uses in residential
districts.
The Commission discussed the possibility of exempting public parks from the limits or having a
separate category for parks.
There was a consensus of the Commission fora floating cap of 50 sq. ft. for every 10 acres
or less., with a maximum sign size of 20 sq. ft. in area.
Following discussion, the Commission gave Planning Director Darling direction for additional
amendments to bring back to a future meeting including the amount of temporary signage for non-
residential uses in residential districts.
City of Shorewood Planning Commission Meeting Item
Title/Subject: Content Neutral Sign Amendments Discussion Item
Meeting Date: December 5, 2023 58
Prepared by: Marie Darling, Planning Director
Attachments: Current Regulations
Memos from Feb. 1, 2023 and May 2, 2023
Draft regulations
APPLICANT: City of Shorewood
LOCATION: City -Wide
REVIEW DEADLINE: NA
BACKGROUND
This is a more thorough draft of the sign regulations than previously discussed. Staff believes all the
comments from the first discussion regarding residential signs have been incorporated and signage for the
commercial districts, general regulations and permit/administration sections.
In the residential districts, staff removed the requirements for conditional use permits for wall signage for
institutional uses as the elementary schools and one of the churches already have them and staff has no
record of conditional use permit being issued. Staff also added a temporary sign for area identification
signs and construction signage in content neutral ways.
In the commercial districts, staff added in the sign regulations for both permanent and temporary signage
and removed many of the content specific signs like directional signs, menu boards, and other similar
signs.
Also included are the general standards, which also include dynamic display signs. Staff also removed the
requirement for conditional use permit to have for dynamic display signs as the performance standards
are robust.
There are a few more issues that staff need to review more thoroughly and amend into the sign
regulations:
• temporary signs (from section 1201.03 Subd. 11 c. (5) in the current regulations),
• real estate signs, primarily in commercial districts,
• abandoned signs,
• billboards, and
• nonconformities.
These issues will be included into the final draft for your review.
Staff request you review and comment on the attached draft.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
DECEMBER 5, 2023
Page 5 of 7
B. Discussion of Amendments for Content Neutral Sign Code
Planning Director Darling noted that she didn't have a formal presentation and was just in the
discussion stage for the content neutral aspects of the sign code. She noted that the last time
the Commission had discussed this was in May. She noted that she had chosen not to present
a version with the underscores and strikeouts because she felt all the markings made it too
confusing.
Chair Gorham noted that he understood her concerns but felt it was a bit difficult for the
Commission to see if and where their previous comments and suggestions had been
incorporated.
Planning Director Darling explained that Commission Johnson had shared that concern with her
earlier today as well, so she brought along the draft that they had previously reviewed to make it
a it easier for them to compare. She noted that the commercial district already had quite a bit of
language that was content neutral, so the primary part of the commercial districts was not a big
change.
Commissioner Huskins stated that a source of confusion for him was the use of the term
`temporary sign' and shared some examples. He asked if it may be helpful to find a way to define
temporary signs, not in a generic fashion, but in the context that they are used through the Code
and gave the example of 'temporary sign — campaign'.
Planning Director Darling explained that would be a violation of the Supreme Court ruling that
struck down regulating content. She stated that she has tried to keep the references within the
draft document neutral regarding what is allowed on them. She stated that has also added
language so it is clear that they are not permanently affixed.
Commissioner Johnson stated that she had not seen that in the version provided today.
Commissioner Huskins asked if Planning Director Darling was saying that the City could not
include some language like, 'temporary sign requiring a permit' and 'temporary sign not requiring
a permit'. He reiterated that he finds it difficult to use the generic term 'temporary sign' as he read
through this document.
Planning Director Darling stated that there is an exception to the permit requirements section and
asked if he still found it difficult after looking over that section.
Commissioner Huskins explained that it seems like it is layer upon layer as someone reads
through the document.
The Commission and Planning Director Darling reviewed the ordinance, discussed details, and
made suggestions regarding the content neutral sign code amendments, definitions, and
regulations in Subd. 11.
Planning Director Darling reminded the Commission that this was an informal discussion and this
item would come back again in a more formal way. She noted that there will also be a public
hearing held prior to it moving onto the Council. She stated that many of the amendments are
designed to bring the City into conformance with the Supreme Court ruling.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
DECEMBER S, 2023
Page 6 of 7
The Commission suggested language changes, compared with other cities have done in various
sections and added definitions that may make this section of code easier to understand along
with being content neutral.
Planning Director Darling noted that this would be going back to the City Attorney for review prior
to holding the public hearing. She stated that she will plan to bring additional language changes
back for the next meeting and noted that she also has another Code amendment for their review.
She stated that now the Comprehensive Plan has been accepted by the Met Council, the City has
9 months to make changes to the regulations to ensure that there is no conflict with the
Comprehensive Plan.
City h-d Planning Commission Meeting Item
Title/Subject: Content Neutral Sign Amendments Discussion Item
Meeting Date: February 6, 2024 SA
Prepared by: Marie Darling, Planning Director
Attachments: Draft Regulations
Current regulations
Memo from Feb. 1, 2023, and memos and minutes from May 2, 2023, and
December 5, 2023
Previous draft from the December 5, 2023 meeting.
APPLICANT: City of Shorewood
LOCATION: City -Wide
REVIEW DEADLINE: NA
BACKGROUND
This draft of the sign regulations incorporates the direction received at the last meeting from the Planning
Commission and includes language addressing the last remaining outstanding topics, which include:
• temporary athletic field sponsorship signs (from section 1201.03 Subd. 11 c. (5) in the current
regulations)
• real estate signs
• abandoned signs
• billboards
• nonconforming signs
Temporary Athletic Field Sponsorship Signs: (pp. 12-13) Staff left the regulations as is, except for removing
the requirement for a conditional use permit. Tying up the City's title for approvals for entities that do
not own the property is problematic. Consequently, planning and legal staff recommend removing the
requirement and have drafted the regulations without the requirement for a conditional use permit.
Temporary Event Signs: (pp.7, 10, 13 and 15) Staff added back the allowance to have some temporary
signage for special events for commercial and commercial uses in the R-C zoning district.
Real Estate Signs: (p. 10) Staff have updated the language and propose the same amount of area as
previously permitted but added a height restriction and prohibited illumination.
Abandoned Signs: (def and p. 8) Staff added a definition and prohibited abandoned signs. This won't
mean that a sign in disrepair can't be maintained, but it will mean that we can force them to be repaired.
Page 2
Billboards: (clef, pp. 5 and 8) Staff have removed the definition of advertising signs, required all signs to be
accessory uses and prohibited any sign greater than 200 square feet. The one billboard in Shorewood is
nonconforming and will continue as a nonconforming use.
Nonconforming Signs: (p. 15) Staff have updated the regulations to those needed to implement the
purpose and to conform to state statutes. For example, state statutes and case law do not allow cities to
force removal of nonconforming uses with a sunset date which the current regulations include.
Housekeeping Edits: As staff nears completion of the ordinance, we continue to look for ways to improve
language and organization in the code. Below is a list of changes to improve organization, clarity or
remove duplications:
1. Remove duplication between the general and district standards for dynamic display signage.
2. Verified the length of time the City has to review a complete sign permit application and updated
the ordinance accordingly. (p. 5)
3. Changes to definitions
a. Added a definition of sign height and removed the max and minimum height definitions
b. Added a definition of permanent sign and modified the temporary sign definition.
c. Retained the wall graphics definition and prohibited that type of sign (based on Planning
Commission direction).
4. Added a severability clause. I attended a new webinar on sign regulations and the attorney
presenting the information recommended including another severability clause and a
nonconforming sign section even if the zoning ordinance already contains them (which is the case
with Shorewood's zoning regulations.)
S. Permits section:
a. Moved "Inspections" to its own category
b. Addition more exceptions for temporary signs that shouldn't require permits
6. General regulations. Separated prohibitions on sign placement on public lands to improve clarity.
7. The sign regulations/performance standards for the R-C and LR districts are currently included
within the districts and staff has moved them into the sign regulations. Additionally, signs are not
listed in the LR district as permitted accessory uses.
Request:
Please review the drafts and let staff know if the Commission finds additional amendments are necessary.
Next Steps: Staff will place the ordinance in standard ordinance format and have the City Attorney and
other staff review the entirety of the draft.
LMCLEAGUE of
MINNESOTA
CITIES
Sign Ordinances and the First
Amendment
Published: June 14, 2021
This content conveys general information. Do not use it as a substitute for legal advice. Any attorney
general opinions cited are available from the League's Research staff.
First Amendment principles
The First Amendment protects signs as speech, and as a result courts closely review attempts to
regulate signs. In 2015, the U.S. Supreme Court decided a seminal case that changed how
courts review the validity of sign ordinances (Reed v. Town of Gilbert (pdf), 135 S. Ct. 2218
(2015)).
Prior to this decision, courts generally presumed sign ordinances were valid and considered
the intent behind the adoption of the ordinance. They would only strike down ordinances
where they found evidence that the city "adopted (the sign regulation) to suppress speech with
which the government disagreed." This is commonly known as content -based speech.
Since Reed, courts now presume that sign ordinances that restrict speech (either expressly or
implicitly) are unconstitutional.
As a result, courts look first to the effect of the sign ordinance — whether the ordinance
regulates signs differently based on the content or message of the sign — before conducting
their analysis of the constitutionality of the ordinance.
Based on the court's determination, the court will apply one of two standards of review to the
challenged ordinance. One is a content -based standard, the other is a content -neutral standard.
Content -based
If the ordinance draws distinctions based on the message communicated by the sign, the court
reviews these ordinances more harshly than if the ordinance regulates signs and their
placement without regard to content.
The Reed decision created a two-step analysis to determine if the ordinance restricts speech:
1. Does the ordinance language refer to the content or the message of the sign?
2. If not, then is there evidence showing the city adopted the regulation specifically because of
disagreement (or agreement) with the message expressed by the sign?
In Reed, the Town of Gilbert's sign code required permitting for signs, but then listed out
categories or types of signs exempt from permitting, including "political signs," "ideological
signs," and "temporary directional signs."
The ordinance in Reed also placed different physical restrictions on the separate types of signs.
The Supreme Court found this ordinance to be content -based because the regulation `on its
face" looked to the message on the proposed sign to determine how the city would regulate it.
If a court finds the city expressly regulated, or intended to regulate a message or content, then
the court applies a more rigorous level of review to those ordinances. This heightened level of
review is called "strict scrutiny." The court will only uphold the ordinance if.
• It furthers a compelling government interest, and
• It is narrowly tailored.
Courts have found few governmental interests represent justifiable "compelling interests:' As a
result, in practice, few, regulations survive strict scrutiny.
Content -neutral
For sign ordinances that do not regulate the message or content of signs (commonly called
"content -neutral"), courts apply a lower standard of review to the reasonableness of
regulations. Courts generally uphold regulations that further a significant government interest,
as long as reasonable alternative channels for communication exist. As a result, courts usually
uphold ordinances considered content -neutral.
Courts generally uphold regulations that meet the criteria below. They are often referred to as
reasonable time, place, and manner restrictions. These ordinances:
• Do not reference the content of the sign.
• Are narrowly tailored to serve a significant governmental interest (rather than compelling
interest).
• Leave open ample alternative channels for communication of the information.
To help avoid challenges when adopting sign ordinances, cities should:
• Not regulate based on content.
• Not favor commercial speech over noncommercial speech.
• Further substantial government interests, such as traffic safety or aesthetics, without
regulating more than necessary to accomplish their objectives.
• Leave ample alternative channels for communication, such as limiting the size of signs but
still allowing signs.
(Advantage Media, LLC v. City of Eden Prairie, 456 F.3d 793 (8th Cir. 2006); Hensel v. City Qf little
Eall, 992 F. Supp.2d 916 (D. Minn. 2014).)
Commercial speech versus noncommercial speech
Courts treat commercial speech differently than noncommercial speech and do not afford it
the same level of protection. Commercial speech enjoys some First Amendment protection but
not as much protection as noncommercial speech (Central Hudson Gas & Elec. v. Public Svc,
Comm:% 447 U.S. 557 (1980)).
Courts have defined commercial speech as speech that proposes a commercial transaction.
Understanding commercial speech versus noncommercial speech can get confusing.
Commercial speech is:
• Initiated by a person or company that engages in commerce or is selling something.
• Targets commercial audiences or audiences that are actual or potential consumers.
• Communicates a message commercial in nature, such as advertisements.
Noncommercial speech, on the other hand, includes messages that do not promote
commercial products or services, such as a message that has ideological or political content.
Drafting a sign ordinance
Signs can pose distinct problems that are subject to a city's police power. Examples include
taking up space, obstructing views, distracting motorists, and displacing alternative uses for
land. So, cities can regulate signs, but they must do so cautiously.
The guidelines below may help cities draft ordinances to avoid the First Amendment concerns
surrounding sign regulation.
View a sample sign ordinance from the City of Hopkins
Provisions to include
Statement of purpose
Include a section in the ordinance to explain the public purpose for the sign ordinance and
how the city intends to apply the ordinance. It should state clearly that the city does not intend
to have content -based restrictions or content -based enforcement. Cities find it a best practice
to lay out the governmental interests spurring the regulations in this section.
Substitution clause
Adding a "message substitution clause" may avoid claims that an ordinance favors commercial
signs over noncommercial messages. A substitution clause provides that for every commercial
sign allowed, any noncommercial message could be legally substituted.
Substitution clauses help protect against allegations of discrimination (based on content)
because they always allow a noncommercial message on any sign. Ordinances may sometimes
inadvertently define signs in terms of advertising. As a result, it may be interpreted as allowing
only commercial messages.
A substitution clause may correct these mistakes by providing a catch-all allowance of
noncommercial messages notwithstanding other provisions. This is a sample substitution
clause:
"Signs containing noncommercial speech are permitted anywhere that advertising or business
signs are permitted, subject to the same regulations applicable to such signs:'
Severability clause
A severability clause provides that if a court finds any provision of the ordinance invalid, the
remainder of the ordinance stands on its own. This clause may prevent a flaw in one part of the
ordinance from invalidating the entire ordinance.
This is a sample severability clause:
"If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Sign Ordinance. The City Council hereby declares that it would have adopted the Sign
Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, or phrases be declared invalid."
Election season preemption
A city's sign ordinance should acknowledge the election season preemption required by state
law (Minn. Stat. § 211B.045),. Under this law, municipalities must allow noncommercial signs of
any size or number during election season, which runs from 46 days before the state general
primary until 10 days after the state general election.
The statute does not define noncommercial sign. One Minnesota case does, however. It says a
"noncommercial opinion sign" is one which "does not advertise products, goods, businesses, or
services and which expresses an opinion or other point of view." (fir vton a Citv�f New
kdghLaa, 519 N.W.2d 243 (Minn. App. 1994), cert. denied, 514 U.S. 1036, (1995).)
Courts consider campaign signs a subset of noncommercial opinion speech. Outside of
"election season," including during non -general election years, a city's local sign ordinance
governs. However, even if not election season, local sign ordinances should not have the effect
of prohibiting opinion speech.
Time, place, and manner regulations
Best practices suggest cities should:
• Adopt sign ordinance regulations based on time, place, and manner concerns, not on
content (Ci - -fLadue v. Gilleo, 512 U.S. 43 (1994)).
• Refrain from favoring commercial speech over noncommercial speech (Qyton v, City
New Brighton. 519 N.W.2d 243 (Minn. App. 1994)).
Examples of content -neutral restrictions include regulations based on size, brightness, zoning
district, spacing, and movement.
Provisions to avoid
Unfettered discretion
Cities should avoid drafting ordinances that provide discretionary approval by the city staff
(Hensel v. Ciiy_ f Little Falls, 992 F. Supp.2d 916 (D. Minn. 2014)).
Ordinances that give staff discretion to grant or deny have the potential to favor some messages
or messengers over others. This is true whether or not an abuse of that discretion occurred.
Sign ordinances should have transparent and objective permit requirements. They should
make the decision to grant or deny ministerial, as opposed to subjective, in nature.
So, for example, cities should avoid provisions allowing staff discretion to deny permits, even if
the application satisfies all specific ordinance requirements. Also avoid provisions that treat
signs as conditional or special uses.
Exemptions or favoritism
Cities should avoid exempting certain groups or messages, such as church signs or official
flags, from permit requirements in the ordinance. Courts construe these types of exemptions
as content -based discrimination because a decision is made based on the text, or content, of
the sign.
Including specific exemptions in sign ordinances often has the effect of "watering down" the
proof that the regulation furthers a substantial government interest. For example, if an
ordinance includes a prohibition on temporary signs but allows a long list of exemptions, it
suggests the city is not really concerned about temporary signs.
Over -defining signs
Cities should avoid drafting ordinances in ways in which noncommercial speech inadvertently
gets treated less favorably than commercial speech. For example, some cities have run into
trouble by defining a "sign" as "advertising." A courVs analysis would be as follows:
• The city ordinance defines signs as advertising devices.
• The ordinance allows signs as defined.
• The ordinance, by its definition of signs as advertising, prohibits all other types of signs.
This arguably prohibits noncommercial speech, violating the First Amendment.
Include procedural protections
Cities that require permitting should include certain procedural safeguards in their ordinance,
such as:
• Specifying the time within which the city will grant or deny a permit, keeping in mind
judicial preference for brevity in the response time (EWMS. Inc. v. City of Dallas,, 493 U.S.
215 (1990)).
• A requirement that, if the city denies the permit, the applicant has access to prompt judicial
review.
Common sign ordinance issues
Off -premise advertising (billboards)
Off -premise advertising consists of commercial signs that advertise for a business located
somewhere else than at the location where the sign is placed. Large, freestanding billboards
create unique problems for land use planning and development precisely because their design
intends for them to stand out from their surroundings.
Courts have found a legitimate local governmental interest in controlling the size and location
of billboards, but not in controlling the sign's communicative aspects. Indeed, billboards can
distract drivers, posing real danger to both motorists and nearby pedestrians and justifying
regulation (Metromedia Inc. v. C" San DiegQ, 453 U.S. 490 (1981); Advantage Media, LLC v. City
QfEden Prairie, 456 F.3d 793 (8th Cir. 2006)).
In Minnesota, the court has upheld a sign ordinance that completely prohibited off -premise
commercial advertising. But, it did so cautiously and only because the ordinance did not
regulate noncommercial signs ( zit of Cottage Grove v. Ott- 395 N W.2d I I I (Minn. App. 1986)).
Because of the scrutiny applied in regulating speech, cities should use caution in adopting
complete billboard prohibitions and work with their city attorneys.
Flags
Courts have recognized that the display of flags can constitute expressive conduct protected
under the First Amendment as well (Texas v. Johnson,_ 491 U.S. 397 (1989);. Young v. Citvof
Roseville. 78 F.Supp.2d 970 (D. Minn. 1999)).
Cities should use caution if regulating flags to avoid favoring some types of flags (particularly
the United States flag) over other flags. Use of a substitution clause helps in these instances: if
one type of noncommercial flag would be acceptable, any noncommercial flag should be
allowed.
Yard signs, including political signs
Courts have deemed yard signs constitutionally protected (CiyQf Ladue v. Gilleo,, 512 U.S. 43
(1994)3 Goward v. City of Minnea ,456 N.W.2d 460 (Minn. App. 2990)). 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.
For example, exemptions from sign regulations for real estate signs or construction project
signs favor commercial speech over noncommercial speech. However, general limitations on
the number and size of signs have withstood constitutional challenges since such limitations
have nothing to do with a sign's message, and they further governmental interests in protecting
property values, preventing distractions for drivers, or avoiding clutter.
Electronic signs
Electronic signs present new challenges, especially with ever -changing technology capable of
new levels of brightness, movement, flashing, and potential distraction. Most sign ordinances
do not adequately address these issues and how they may impact traffic safety or aesthetics.
Courts have upheld regulations on electronic or flashing signs, so long as the regulations
• Are not tied to the content of the signs.
• Serve a substantial governmental interest.
• Leave open ample alternative channels for communication.
For example, courts have found that allowing non -electronic signs, or even operating the
electronic sign in a non -flashing mode, represents ample alternatives (La Touv. City,Qf
Eqyetteville,ALk,_ 442 F.3d 1094 (8th Cir. 2006);. State v. Dahl, 676 N W 2d 305 (Minn. App. 2004)).
Signs adjacent to highways
Minnesota law specifically regulates signs adjacent to highways. It says, in part, that it is
unlawful to paint, print, place, or affix any object within the limits of any state highway, but
provides for some specific signage that meets certain Department of Transportation criteria
Furthermore, Minnesota's Outdoor Advertising Control Act prohibits advertising devices on
private land without the consent of the owner or occupant; on public utility poles; on trees or
shrubs. and by painting or drawing on rocks or natural features (Minn. Stat. Ch. 173),.
View Minnesota Department of Transportation information on billboard permits and guidance
Seek further assistance
Because sign regulation is complex, cities should work with their attorney to draft and review
sign ordinances.
Your LMC Resource
Jed Burkett
Loss Control/Land Use Attorney
(651) 281-1247 or (800) 925-1122
jhuxl ttf@
Marie Darling
From: Marie Darling
Sent: Friday, March 8, 2024 9:12 AM
To: Alan Yelsey
Cc: Marc Nevinski
Subject: RE: Upcoming Sign Ordinance Revisions
Thanks for your comments, I'll attached them to the memo that is sent to the Planning Commission and City
Council for this item.
The Planning Commission will be reviewing the amendments to the sign regulations on March 19, 2024 at a public
hearing. The Council review date for these amendments would be at a public meeting tentatively scheduled for
April 8"'.
� City of
Shorewood
5755 Country Club Road
Shorewood, MN 55331
MARIE DARLING
Planning Director
City Hall: 952.960.7900
Direct: 952.960.7912
mdarlinP,@ci.shorewood.mn.us
ci.shorewood.mn.us
From: Alan Yelsey <a.yelsey@gmail.com>
Sent: Thursday, March 7, 202410:44 PM
To: Marc Nevinski <mnevinski@ci.shorewood.mn.us>; Marie Darling <MDarling@ci.shorewood.mn.us>; Jennifer Labadie
<1Labadie@ci.shorewood.mn.us>; Paula Callies <pcallies@ci.shorewood.mn.us>; Scott Zerby
<szerby@ci.shorewood.mn.us>; Dustin Maddy <DMaddy@ci.shorewood.mn.us>; Guy Sanschagrin
<gsanschagrin@ci.shorewood.mn.us>
Subject: Upcoming Sign Ordinance Revisions
I believe there are just a few basic principles that guide a fair, effective and democratic sign ordinance. I
am happy to discuss these thoughts with you.
1. Private property lawn signs are free speech. Everyone has the constitutional right to place signs on
their property that are safe and protected speech. No free speech differentiation between commercial,
political and non -political speech is necessary. A five foot from road restriction and size restriction for
safety near intersections does not impinge on free speech.
2. The State protects the right of everyone to place political signs on their private property during the
protected election periods. No restrictions on number or size are allowed during that protected period.
That is great.
However, beyond the protected election period, we believe private property residents should have the
right throughout the year to place "temporary" signs on their property. A city may restrict the size and
number of the year-round signs to a reasonable number so that free speech is preserved while
reasonable zoning restrictions can be expressed. Political signs should be included among those that
can remain year-round, just as religious signs, police support signs, issue related signs, holiday signs,
expressions of support and congratulations and other signs can remain year-round. Differentiating
between political, commercial, environmental, religious and personal expression signs is impossible and
illegal, and enforcement can be problematic and unfair.
3. Theft of signs should be identified as a deprivation of free speech rights, with clear new local
ordinance criminal and civil penalties making this a known matter to discourage such theft and
compensate those harmed. Further, the City needs to fully and fairly enforce a ban on all signs on public
property. In the past, illegal signs on public right of way and property were not consistently enforced, if at
all. Current incumbent Councilmembers were the biggest abusers of public property protections. Please
alert me to when the sign revisions will be addressed by the City Council and Planning Commission.
Hope this provides a helpful guide. Happy to discuss.
Alan
Alan Yelsey
612.616.5430 cell
a.yelseyCa gmail.com
Marie Darling
From: Marie Darling
Sent: Thursday, March 28, 2024 5:21 PM
To: Marie Darling
Subject: FW: FW: FW: Planning Commission Sign Ordinance
---------- Forwarded message ---------
From: <iohnParnst.net>
Date: Thu, Mar 21, 2024 at 1:31 PM
Subject: FW: FW: Planning Commission Sign Ordinance
To: Scott Zerby <SzerbyCo)gmail.com>
Cc: John Arnst <john arnst.ne >
Scott'.
FYI
There are shortfalls in the upcoming sign ordinance; that is traffic visibility
and enforcement.
Take a drive thru our community, our city owned ROWs are noncompliant
with the traffic visibility code.
The trimming that has occurred is appreciated, but in reality is nowhere
close to city code.
The city code needs to be mentioned wherever and as much as
possible. (Educate the Public & meeting customer expectations)
The street code is in place for our health, safety and welfare, and aid in the
efficient operation of city functions.
Scott: When this draft ordinance comes before council, please consider that
the formal definition of traffic visibility definition be included within the draft.
This would clarify the ordinance and keep it from being a "grey" area.
Below is an email sent to Commissioners Huskins and Gorham before
Tuesday night's meeting. No idea if was even discussed?
Text of email sent to several commissioners:
As you give the final review to the sign ordinance, some accommodations should be made
to clarify sign placement in ROW. I reviewed the draft materials in your packet for
tonight. Having not been part of the discussions, it is difficult to follow, but want to be sure
your group has considered these three points:
Here are three points:
1. Chapter 1201.03, Subd. 11 refers to "traffic visibility" at intersections, but does not
provide a definition. Traffic visibility is vaguely defined in Chapter 901.01. The solution
would be to either (a) call out Chapter 901 (within 1201) or (b) include the full definition.
2. City -Owned -Right -of -Way: Intersections have specific, expanded parameters for
keeping the ROW's sight line clear. This is referred to as "traffic visibility" area, or "clear
zones." Here are some helpful reference documents Site Distance Explained and .Site
Distance to help inform your commission.
3. ROW is City owned property. Allowing signs to remain ignores the City's responsibility
as the property owner. How can this policy be put in place?
Some examples of business signs impeding traffic visibility. (30x30' corner area at
intersections)
https://seeclickfix.com/issues/10635258
https://seecl ickfix.com/issues/7851525
and this Spring, the City seems to be violating its own policies, see below with the placement
of weight restriction signs.
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Traffic or Street Sign Issue
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After reading all the material, I want to thank you again for all you do!
John
952-393-5407
Marie Darling
From: Alan Yelsey <a.yelsey@gmail.com>
Sent: Friday, April 19, 2024 9:15 PM
To: Scott Zerby; Dustin Maddy; Guy Sanschagrin; Jennifer Labadie; Paula Callies; Marc
Nevinski; Marie Darling
Subject: Signs & More...
This letter will be shared across the City with your constituents.
You have forced your residents to read and process a 20 page resolution (hidden deep in the 200+ page
packet) with another 20 pages of background, in the short space of about 1 and 1/2 work days. That is a
non -democratic and unwarranted violation of our right to be reasonably informed in a timely manner
before exercising our right to fully participate in our government. At your April 8, 2024 City Council
meeting, only 2 City Council members, a minority, voted to approve a park maintenance plan that
includes the potential to place highly toxic chemicals in the park to treat Buckthorn. This was a clear
violation of our trust and a fair and ethical government should not operate by minority rule - ever. An even
greater violation of transparency and honesty occurred on April 8, when City Officials refused to disclose
in public, despite a specific and repeated request from a resident, the name of the toxic chemical they
were about to approve (and did approve) - consisting of 6 widespread treatments of the toxic chemical
pesticide across the highly permeable, high water table fields of Freeman Park. This unwarranted action
will inevitably pollute area groundwater, drinking wells, and all of the humans and animals that drink that
toxic water. The City claimed it was justified because it was deemed that too much crabgrass was
growing in the fields. There are non -toxic treatments for crabgrass while the poisoning of our
environment cannot be undone. Crabgrass control is not more precious than our children's health and
environment.
Now for signs. The City appears to have ignored my recent letter and years of City communication
regarding unnecessary City restrictions on private signage.
Here is what your proposed new ordinance looks like to me:
a)You limit all residents to only two 18in by 24in signs and one 18in by 24in sign outside of the election
period. That is not enough and violates our free speech rights and is unconstitutional. I believe 15sf of
total signage is barely enough outside of the election period. Anything less is not acceptable.
b) You appear to have banned Christmas and all other traditional holiday and celebration lights, signs
and decorations. That violates our free speech rights and is unconstitutional.
c) You continue to sacrifice our right to reasonable free speech (UP TO 15sf OF SIGNAGE IS REQUIRED
FOR REASONABLE FREE SPEECH) for public health, safety, welfare and aesthetics, knowing full well that
keeping the signs small, limited in number and 5' away from the road on private property pose no such
risks. Indeed, the City's mis-management of visibility and signage at road intersections poses a massive
risk to life and limb.
d) The substitution clause is legal mumbo jumbo, makes no rational sense, and its obfuscation is not
worth the alleged benefit of protecting the City legally.
e) YOU INSIST ON AN OVERALL RULE FOR ALL SIGNS THAT STATES - NO SIGNS ARE ALLOWED IN
PUBLIC RIGHT OF WAY OR PUBLIC EASEMENTS. That language voids your other enabling language and
makes your revision illogical. Most residents need their signs to be near the road for visibility and space
availability, on their property, over 5 feet from the road, but within the City's right of way or easement!
f) In the last election, City incumbents illegally placed their signs on public property, within 5 feet of the
roadway, not on approved private property. No City action was taken to stop them!
g) Theft of signs is an issue of justice and democracy, and requires stronger specific language,
enforcement, visibility and penalties.
h) I believe residents on their private property should be allowed to place a small number of commercial
signs. Many residents with small businesses would benefit from this.
I would appreciate your consideration. See you on Monday.
Sincerely,
Alan
Alan Yelsey
612.616.5430 cell
a.yeLsey@$mail,com
Marie Darling
From: Alan Yelsey <a.yelsey@gmail.com>
Sent: Tuesday, May 7, 2024 7:23 PM
To: Sandie Thone
Cc: Marc Nevinski; Marie Darling
Subject: SHOREWOOD'S PROPOSED SIGN ORDINANCE - COUNCIL VOTE ON MAY 13TH
Attachments: Ordinance 606.pdf
Please include these comments addressing the proposed sign ordinance in the Council Packet and
Public Packet for the Meeting on May 13, 2024.
Hi everyone. I am attaching the poorly written and undemocratic sign ordinance proposed for a vote on
Monday May 13th at the 7-9pm Council Meeting.
This is something everyone needs to oppose. Contact your council members and join the Monday
meeting. NOTE: The Council refuses to allow citizens to discuss the proposed ordinance before the vote -
restricting comments to a mere 3 minutes without the opportunity for discussion or council comment.
While previous hearings were held about the ordinance at Commission and work session meetings,
notification was poor or non-existent, and at no time was Zoom made available for residents to
participate in those hearings. The City leaders have chosen to severely limit public discussion and input,
and the new flawed sign ordinance continues a multi -year strategy of the City leaders to reduce
public participation and accountability wherever possible.
The ordinance proposal is attached. Notice first of all that it is not written for us, the residents. If it was, it
would simply address what a property owner can or cannot do regarding private signage and public
displays. Instead, you will find the ordinance to be unreadable, poorly described, unnecessarily
complex, misleading, and requiring hours and hours to get through the typos, conflicting language and
confusing cross-references. IF YOU CAN FOLLOW THE LANGUAGE OF THE ORDINANCE, YOU ARE A
GENIUS. IF YOU CAN FIGURE OUT WHEN ATEMPORARY SIGN PERMIT IS REQUIRED, YOU ARE OR
SHOULD BE A LAWYER.
The City does recognize State law which requires NO restrictions on private signage with regard to size or
number or message during an election period. The City requires a 5ft from road setback and no safety
related blockage of line of sight.
Here is just the summary of what is deeply troubling and wrongwith a government determined to restrict
our free speech in every way.
1) The City of Shorewood does NOT claim it is rewriting the sign ordinance so that our rights of free
speech can be furthered and protected. While the City cites a court ruling stating that Cities may not
distinguish or discriminate against the messages of signs, the City refuses to embrace free speech.
Instead, the new Ordinance invents problems that do not exist to use as an excuse to limit our free
speech. A quick drive around town will show NO threats to the health, safety, wellbeing or aesthetic of
the City. Certainly the City should ban signs that block views of street signs and essential line of sight,
and keep signs back 5ft from the road. But the City goes on to justify its free speech restrictions without
any proof or documentation or justification. The City has fabricated reasons to restrict public speech -
political speech, social speech and religious speech are now seriously restricted. What right does our
City have to restrict speech on our own property? The answer: None.
2) The City of Shorewood proposes to ban many traditional Christmas and religious outdoor displays,
while limiting the freedom to display signs of any kind and reasonable number outside of the
protected election period.
a. The City still BANS signs, including displays, within the right of way and public easements, meaning
most signs must be about 20ft from the road or further. Page 8, h.3, a,b,c.
b. The City PROHIBITS any sign that moves or gives the illusion of motion. Page 8, 4(d).
c.The City PROHIBITS any banners, pennants, ribbons, streamers, STRINGS OF LIGHT BULBS,
portable or inflatable signs with one exception. Page 8, 4e & f. The exception is mis-cited on Page 13, hi1.
For 15 days, a resident may have 1 and only one sign between 8sf and 32sf, and for ONLY 15 days. Then a
resident can have 1 and only one additional sign between 8sf and 32sf for only 15 days. Many resident
holiday displays require much larger square footage and much longer than 30 total days.
D. SUMMARIZING: A resident of Shorewood, outside of the election period, may have signs totalling
8sf, period. Most printed lawn signs are 3sf, so a resident is allowed 2 small signs and a tiny sign outside
of the election period. All signs on a private single residence, including Christmas signs, can only be a
total of 8sf - Page 12, i1 b. Commercial signs are banned on private property. NO Christmas or holiday
displays can be placed on trees, shrubs, fences, roofs etc. and cannot be illuminated with anyflashing or
intermittent lights, Page 9, g,h,k.
Christmas and other holiday signs can only be displayed for a total of 30 days, cannot be on trees,
cannot use bulbs, and cannot total over 36sf - which many displays exceed. SO CHRISTMAS AND OTHER
HOLIDAYS ARE SEVERELY RESTRICTED, WHICH IS ILLEGAL AND IGNORES TO THE COURT RULING THAT
SIGN REGULATIONS MUST BE MESSAGE NEUTRAL.
Quite simply, our message to you and the City is this:
1) The ordinance as it stands is unconstitutional, prejudicial, poorly drafted and not well thought out.
Please stop it from being approved on May 13th without much more public discussion and input, and
substantial change.
2) We have two proposals for a new democratic constitutional residential sign ordinance for residences
in addition to the State mandated election period protections:
FREE SPEECH PROPOSAL 1: All private residential properties in the City of Shorewood may display
on their property any number, size and form of temporary signs, temporary displays. temporary
celebrations and temporary forms of expression so long as they pose no public health and safety
hazard, they pose no significant audio or visual public nuisance and they are at least 5 feet from the
road or neighboring property. One commercial 3sf sign placed or approved by the property owner is
also allowed to support local small businesses, and other approved commercial signs such as
construction and real-estate may in addition be displayed.
FREE SPEECH COMPROMISE PROPOSAL 2: All private residential properties in the City of
Shorewood may display on their property up to 15sf of temporary printed signs, and unlimited
forms of temporary displays, temporary seasonal celebrations and temporary forms of expression
so long as they pose no public health and safety hazard, they pose no significant audio or visual
public nuisance and they are at least 5 feet from the road or neighboring property. One commercial
3sf sign placed or approved by the property owner is also allowed to support their own local small
business or another business, and other approved commercial signs such as construction and real-
estate may in addition be displayed.
Make your voice heard!
Alan Yelsey
26335 Peach Circle
612.616.5430 cell
a.yelsey@gmait.com
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE 606
AMENDING SHOREWOOD CITY CODE CHAPTERS 1201.02 DEFINITIONS;
1201.03 SUBDS 4 (GENERAL AREA AND BUILDING SIZE REGULATIONS) AND 11 (SIGN
REGULATIONS); AND CHAPTER 1201.19 (R-C, RESIDENTIAL -COMMERCIAL DISTRICT); AND
CHAPTER 1201.24 (L-R, LAKESHORE RECREATIONAL DISTRICT) RELATED TO THE CREATION OF
CONTENT NEUTRAL SIGN REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS:
Section 1. This Section amends Chapter 1201.02 (Definitions) of the Municipal Code. Strieken
language is proposed to be removed and underline indicates language to be added.
Chapter 1201.02 DEFINTIONS:
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
FLAG. Any fabric or similar lightweight material attached at one end of the material to a
staff, pole, or similar permanently -installed device so as to allow movement of the material by
atmospheric changes and that contains distinctive colors, patterns, symbols, emblems, insignia
or other symbolic devices.
SIGN. ,
to the geneFa' Any letter, word, symbol, poster, picture, statuary, reading matter
or representation in the nature of advertisement, announcement, message, or visual
communication that is displayed for informational or communicative purposes, whether
painted, posted, printed, affixed or constructed, including any associated brackets, braces,
supports, wires and structures.
SIGN —ABANDONED. A sign which 1) no longer conveys the intended message; 2) is not
properly installed as originally proposed; 3) is installed in the public right-of-way in violation of
this Chapter; 4) remains on the property after the principal use has been removed; or 4) has
been poorly maintained as evidenced by deteriorated condtion, including illegible or faded text,
broken panels, or bent or broken supports.
exel siv^6, .-elated to the pFemises.,high the, sr le.. -ate d
SIGN AREA. 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. For two-faced, freestanding signs where the two
faces are parallel and face in opposite directions, only one face shall be used in computing the
sign area.
Slrmhl ADCA I0-9AlTIC1/-4TIAAI A frnortandiAg SigR .,hirh thn nameRame of a
existing OR iRdiyidwal platted lets eF as a planned unit deyelepment; OF aRy iAteff@teel
SIGN - BENCH. A sign which that is affixed to a bench such as, but not limited to, -a bus
stop.
the n .,hn.,, thesigR is leeatn.d
SIGN - CANOPY. Any message or identification w4 e#that is affixed to a projection or
extension of a building or structure erected in a manner as to provide a shelter or cover over
the approach to any entrance of a store, building or place of assembly.
SIGN — COMMERCIAL SPEECH. A sign advertising business(es), profession(s),
commodity/ies, service(s), or entertainment.
h. SeFyed byGemmeA a hl'e ePtFaneeDR a shepping nteF
SIGN - DYNAMIC DISPLAY. A sign or characteristics of a sign that appear to have
movement or that appear to change, or have a series of images or displays caused by any
method other than physically removing and replacing the sign or its components, whether the
apparent movement or change is in the display, the sign structure itself, or any other
component of the sign. This includes a display that incorporates a technology or method
allowing the sign face to change the image without having to physically or mechanically replace
the sign face or its components. This -,I;^ ;Rphi,lorFqtatiRg,,
MaRipUlat@61 thFOUgh digital input, "digital iRk" 9F aRy 9theF Methp-d- or- te-chReIggy that allews
the sign face ten nt a seFiesof images . d1SP1@y5
SIGN — FACE. The surface of the sign upon, against, or through which the message of
the sign is exhibited.
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SIGN - FREESTANDING. Any stationary or portable, self -supported sign not affixed to any
other structure.
SIGN —GROSS SILHOUETTE. The area within an outline drawing of the principal building
as viewed from the front lot line or the related public street.
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SIGN- HEIGHT. The height of a freestanding sign shall be computed as the vertical
distance measured from the base of the sign at the lowest point of grade to the top of the
highest attached component of the sign.
SIGN - ILLUMINATED. Any sign which that is lighted by an artificial light source either
directed upon it or illuminated from an interior source.
r,ub"r; „ sepAi public inrt;tutien on the site ..,hero the sigR is lor•ate.d
SIGN _ /AITCGDAI A sigR G@FFYiRg thename of a builrlin,. its Elate of erer,tien
r i
meRumental i
of a sign.
SIGN - JAW kFAII-A WARD Any sign that has a message Feiated te the sitee's 49AG dd seeirviee ;;Rd
g Fade to the lo..,er limit of the r
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 w4k4that lawfully existed at the time of the passage of
this Chapter or amendments thereto, but whieh does not conform with the regulations of this
chapter.
b. ILLEGAL. A sign which that was constructed after the passage of this
chapter or amendments thereto and does not conform with the regulations of this chapter.
SIGN — NONCOMMERCIAL SPEECH. A sign that includes message that does not
promote commercial products or services.
SIGN— PERMANENT. Any sign that is not temporary.
SIGN - PORTABLE. A sign se 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, that is affixed to a building and
extends perpendicular from the buildine wall over 12 inches from the surface to which it is
attached.
M
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.
irmA1 _ OCAI CCT/1TL A L.uriAess sign plaee.d upeR a PF9peky adVertiriRg that .»rtir,,Iar
SIGN - ROOF. Any sign wW"that is erected, constructed or attached wholly or in part
upon or over the roof of a building.
SIGN - ROTATING. A sign whichthat revolves or rotates on its axis.
SIGN - STRUCTURE. The supports, uprights, bracing and framework for a sign, including
the sign area.
SIGN - TEMPORARY. Any sign wh+chthat is: 1) erected or displayed for a finite period of
time (as specified elsewhere in this Chapter); 2) constructed with impermanent construction
techniques or materials including but not limited to, vinyl or plastic sheeting or plywood; or 3) is
portable or otherwise installed to be readily movable.
SIGN - WALL. A sign whichthat is affixed to the exterior wall of a building and which is
parallel to the building wall. A wall sign does not project more than 12 inches from the surface
to which it is attached, nor extend beyond the top of the parapet wall.
SIGN - WALL GRAPHIC. A sign whichthat is painted or similarly adhered directly on an
exterior wall surface.
SIGN - WINDOW. A sign affixed to or inside e# a window in view of the general public.
This does not include merchandise on display.
Section 2. This Section rescinds and replaces Chapter 1201.03 Subd. 11(Signs) of the Municipal
Code in its entirety with the language below:
Chapter 1201.03 Subd. 11. Sign Regulations.
a. Findings. The City Council hereby finds it necessary for the promotion and preservation
of the public health, safety, welfare, and aesthetics of the community that the construction,
location, size, conspicuity, brightness, legibility, operational characteristics and maintenance of
signs be controlled. Signs have a direct and substantial impact on traffic safety, pedestrian
safety, community aesthetics and property values. The City Council recognizes that a great
percentage of signs that are blighted, unattractive, or provide an unsafe distraction to motorists
can be corrected by sensible quality control through adequate maintenance, inspection, and
operational guidelines. The City Council also recognizes that signs provide a guide to the
physical environment and, as such, serve an important function to the community and
economy. The City Council further finds as follows:
(1) Exterior signs can have a substantial impact on the character of the community
and the quality of the environment.
(2) Uncontrolled and unlimited signs can create traffic hazards, aesthetic concerns
and detriments to property values, thereby threatening the public health, safety and welfare.
4
(3) Signs provide an important medium through which individuals may convey a
variety of messages.
(4) The City's zoning regulations have, since as early as 1956, included the
regulations of signs in an effort to provide adequate means of expression and to provide the
economic viability of the business community, while protecting the city and its citizens from a
proliferation of signs of a type, size, location and character that could adversely impact upon
the aesthetics of the community and threaten the health, safety and welfare of the community.
(5) The regulation of the physical characteristics of signs has had a positive impact
on traffic safety and the appearance of the community.
b. Purpose and Intent: The City Council intends by this chapter to establish a legal
framework for sign regulation in the city. The regulations promulgated in this chapter are
intended to facilitate an easy and agreeable communication between people while protecting
and promoting the public health, safety, welfare, and aesthetics of the community.
(1) It is not the purpose or intent of these sign regulations to prefer or favor
commercial messages or speech over noncommercial messages or speech, nor is it the purpose
or intent of these sign regulations to discriminate between types of noncommercial speech or
the viewpoints represented therein. It is not the purpose or intent of these sign regulations to
regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to
regulate any building design or any display not defined as a sign, or any sign that cannot be
viewed from outside of a building.
(2) The purpose and intent of these sign regulations is to:
(a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety and welfare.
(b) Maintain, enhance, and improve the aesthetic environment of the city by
preventing visual clutter when harmful to the appearance of the community.
(c) Improve the visual appearance of the city while providing for effective
means of communication, consistent with constitutional guarantees and the city's goals of
public safety and aesthetics.
(d) Provide for fair and consistent enforcement of the sign regulations set
forth in this subdivision under the zoning authority of the city.
C. Effect. A sign may be erected, mounted, displayed or maintained in the city if it is in
conformance with the provisions of this subdivision. The effect of these regulations is to:
(1) Allow a wide variety of sign types in commercial zones, and a more limited
variety of signs in other zones;
(2) Allow signs that are designed, constructed, installed and maintained in a manner
that does not adversely impact public safety or unduly distract motorists;
(3) Allow certain small, unobtrusive signs incidental to the principal use of a site in
all zones when in compliance with the requirements of this sign ordinance;
(4) Prohibit signs whose location, size, type, illumination or other physical
characteristics negatively affect the natural or built environment and where the communication
5
can be accomplished by means having a lesser impact on the environment and the public
health, safety and welfare; and
(5) Provide for the enforcement of the provisions of these regulations.
d. Scope and Applicability. All signs installed within the City of Shorewood are subject to
the sign regulations of this subdivision and all other applicable provisions of this Chapter. Signs
are accessory uses and shall be permitted only in those zoning districts where they are
specifically listed as allowable accessory uses, except for signs installed on vacant lots marketed
for sale or lease.
e. Substitution. The owner of any sign that is otherwise allowed by this subdivision may
substitute noncommercial speech in lieu of any other commercial speech or noncommercial
speech. This substitution of copy may be made without any additional approval or permitting.
The purpose of this provision is to prevent any inadvertent favoring of commercial speech over
noncommercial speech or favoring of any particular noncommercial speech over any other
noncommercial speech. This provision prevails over any more specific provision to the contrary.
f. Severability. If any section, subsection, sentence, clause or phrase of these sign
regulations is for any reason held to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portion of these sign regulations, The City Council hereby
declares that it would have adopted the sign regulations in each section, subsection, sentence,
or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared invalid.
g. Permit Required.
(1) Permanent Signs. Except as expressly provided in Section 1201.03 Subd. 11. g.
(7) of City Code, no permanent sign may be erected, altered, reconstructed, maintained or
moved without first securing a permit from the city. The content of the message or speech
displayed on the sign shall not be reviewed or considered in determining whether to approve or
deny a permit.
(2) Temporary Signs. Except as expressly provided in Section 1201.03 Subd. 11. g.
(7) of City Code, no temporary sign may be erected, altered, reconstructed, maintained or
moved without first securing a permit from the city consistent with the regulations of this
subdivision and Section 1201.07 Subd. 2. The content of the message or speech displayed on
the sign shall not be reviewed or considered in determining whether to approve or deny a
permit.
(3) Review.
(a) No permit shall be issued until the application, plans, and materials have
been found to be in conformance with the zoning and building regulations, as determined by
the Zoning Administrator and Building Official or their designee(s) and the required fee has
been paid. Signs installed prior to issuance of a permit shall be either required to be removed
or the property owner shall be required to pay a double permit fee. Fees shall be as specified in
Chapter 1301 as may be amended from time to time.
and include:
(b) Application for a sign permit shall be made on forms provided by the City
(i) The name and contact information of the property owner, tenant
(if applicable) and the person, firm, corporation, or other organization erecting the sign;
(ii) A certified survey and site plan showing the proposed location of
the sign on the site including its position relative to easements, buildings, structures, driveways,
streets, property lines, etc.
(iii) A complete set of plans showing the necessary elevations,
distances, sign dimensions, and details to fully and clearly represent the construction and
placement of the sign, including, but not limited to, the following information:
1. Number of sign faces and type of sign (building,
freestanding, banner, feather, etc.);
2. Construction materials;
3. Sign dimensions;
4. Type, direction, location and intensity of illumination and
name of electrical contractor;
5. Method of attachment to the building or ground.
(iv) Stress sheets and calculations showing that the structure is
designed to meet the dead load and wind pressure requirements of the Minnesota State
Building Code (permanent signs only).
(v) The estimated value of the sign (permanent signs only) including
labor to install the signs, the sign and any other necessary materials).
(c) Action. The City shall inform the applicant of approval or denial within
the time period required by state law (M.S. 15.99). Appeal of a permit denial may be submitted
consistent with Section 1201.05 of City Code. The permit shall not be issued until the fee for
the sign is submitted.
(4) Inspections. The Building Official, Zoning Administrator or their designee may
require inspections to determine that the sign has been installed in compliance with the
minimum standards set forth in this Chapter, the Minnesota State Building Code, any other
applicable chapter of City Code, with the approved permit, or to confirm removal of temporary
signs in the timeframe specified by the permit or this subdivision.
(5) Expiration. Permits for permanent signs shall expire if the sign was not installed
as approved within 180 days after the permit was issued. Permits for temporary signs shall
expire as indicated on the permit or in this subdivision.
(6) Additional Permits Required.
(a) Electrical permits. Signs that are illuminated or in any way connected to
electricity must be installed in accordance with the current electrical code and a separate
permit from the State of Minnesota must be obtained prior to placement.
(b) Other jurisdictions. Prior to installing any sign, the applicant shall be
responsible for acquiring permits from all other jurisdictions, including but not limited to, the
State of Minnesota, Hennepin County, etc.
(7) Exceptions. The following signs do not require a permit but shall comply with all
other applicable provisions of City Code. These exemptions, however, do not relieve the owner
7
of the sign from the responsibility of compliance with the provisions of the zoning regulations
or any other law or ordinance regulating signs in the city.
(a)
Public signs placed in the right-of-way.
(b)
The changing of copy on a manual message board or dynamic display
unless a structural or
electrical change is involved.
(c)
The changing of copy on any sign that does not affect the structure or
electrical components.
(d)
Window signs.
(e)
Signs as allowed by Sections 1201.03 Subd. 11 h. (5), (6), (9), (11), (12)
and (14) of City Code.
(f)
Temporary signs as allowed by section 1201.03 Subd. 11. i. (1) (h) i and iii;
1201.03 Subd. 11 i. (2)
(f); and 1201.03 Subd. 11 i (4) (e) vi.
(g)
Installing or exchanging flags on an existing flagpole.
(h)
Temporary signs three square feet in area or less and under 36 inches in
height.
h. General Regulations. These regulations shall apply to all signs.
(1) Building Code. All permanent signs shall comply with Chapter 1001 of City Code.
(2) Placement. No signs shall be located closer than five feet to any property line
unless a greater setback is directed elsewhere in this subdivision.
(3) Public rights -of -way, public lands or public easements.
(a) No signs other than public signs shall be erected or temporarily placed
within or upon public lands or within public rights -of -way abutting public lands.
(b) No signs other than public signs and those authorized by Section 1201.03
Subd. 11 h. (5) of City Code may be erected or temporarily placed within or upon rights -of -way
or public easements.
(c) Any sign placed in violation of this section shall be considered abandoned
and may be removed without notice.
(4) Prohibited signs. The following signs are specifically prohibited:
(a) Any sign that obstructs the vision of drivers or pedestrians or detracts
from the visibility of any public or official traffic -control device.
(b) Any sign that resembles or imitates an official traffic sign or signal, unless
directed to be installed by a federal, state or local government.
(c) Any sign in violation of Section 1201.03 Subd. 2. h. (Traffic Visibility) of
City Code.
(d) Any sign t at moves, rotates, has any moving parts or gives the illusion of
motion. ��� (e) Any sign th t contains or consists of banners, pennants, ribbons,
streamers, , spinners or similar devices, except as allowed by Section
1201.03 Subd. 11 i. (2) ( vi.
(f) Porta le or inflatable signs (except as provided in Section 1201.03 Subd.
11 i (2) (g) Uke
8
(g) Signs that are attached in any manner to trees, shrubs, fences, utility
poles, bridges, towers, transit shelters, or other similar structures, except that public signs may
be installed to utility poles, bridges, towers transit shelters, or other similar structures.
(h) No sign shall be illuminated with any flashing or intermittent lights
(unless installed on a public sign), nor shall any sign shimmer or be animated.
(i) Any sign that allows light to be directed at on -coming traffic, interfere
with or obscure an official traffic sign or signal
(j) Any illuminated sign that directs light onto a lake so as to interfere with
navigation.
(k) Roof signs.
(1) Window signs in excess of 10% of the total area of the window space as
viewed from the street, up to but not exceeding a maximum of 20 square feet.
(m) Any sign that projects into the required setback as outlined in this
Subdivision or over the public right-of-way or public easements, except for those authorized by
Section 1201.03 Subd. 11 h. (5) of City Code.
(n) Wall graphics.
(o) Abandoned signs.
(p) Any sign greater than 200 square feet, except as permitted in Section
1201.03 Subd. 11 h. (5) of City Code.
(5) Temporary Noncommercial Speech Signs posted as permitted by MS § 21113.045.
(a) Signs may be posted in any number or size during the following times:
(i) State general election years: 46 days before a state primary until
10 days following the state general election pursuant to MS § 2116.045.
(ii) For elections without primaries: 100 days before the election to
10 days following the election.
(b) During the time identified in (a) above, the noncommercial speech signs
shall not be located in violation of 1201.03 Subd. 2. h. (Traffic Visibility) of City Code or closer
than five feet from the street, as measured from:
(i) The curb of a paved roadway.
(ii) The paved street surface for those streets without curb and gutter.
(iii) The edge of the aggregate surface for gravel street or those paved
streets with improved gravel shoulders.
(6) Required signage. Any sign required by Chapters 1001 or 607 of the Shorewood
City Code, shall not reduce the allowed sign area nor the number of signs allowed on any
property, but must adhere to the other regulations of this subdivision.
(7) Illumination. Illumination for signs must be constructed and maintained so that
the source of light is not visible from the public right-of-way or a property used or zoned for
residential purposes and consistent with the regulations in Section 1201.03 Subd. 2. i. of City
Code. Illumination must be authorized in the specific district in which the sign is located.
(8) Dynamic Display. The purpose of this paragraph is to allow new technologies in
commercial signage that allow messages to be easily updated, while at the same time
preventing distraction to motorists and minimizing visual impacts of electronic signage on
0
residential properties. The city finds that dynamic displays should be allowed on signs but with
significant controls to minimize their proliferation and their potential threat to public safety.
(a) Authorization. Signs with dynamic display are only permitted in the
zoning districts listed in Section 1201.03 Subd. 11 i of City Code that specifically authorize them.
(b) Freestanding signs only. Signs with dynamic displays shall only be
allowed as part of freestanding signs.
(c) Setbacks/hours. Signs with dynamic displays must be a minimum of 20
feet from side lot lines and 100 feet from adjacent residential districts. Dynamic display signs
within 500 feet of residential properties shall be programmed to freeze the image between the
hours of 10:00 p.m. and 6:00 p.m.
(d) Area limitation. Dynamic displays may occupy no greater than 25 percent
of the actual copy and graphic area. The remainder of the signs shall not have the capability to
have dynamic displays even if they are not used. Only one dynamic display area is allowed on a
sign face. The dynamic display sign shall be located at the bottom of the sign face.
(e) Duration of image for time/temperature. A display of time, date, or
temperature must remain for the duration specified in Section 1201.03 Subd. 11. i of City Code,
before changing to a different display, but the time, date, or temperature information itself
may change no more often than once every 60 seconds.
(f) Transition. If a dynamic display sign's image or any portion thereof
changes, the change sequence must be instantaneous without any special effects.
(g) Video display. No portion of a dynamic display sign may change any part
of its sign face by a method of display characterized by motion or pictorial imagery, or depict
action or a special effect to imitate movement, or display pictorials or graphics in a progression
of frames that gives the illusion of motion of any kind.
(h) Fluctuating or flashing illumination. No portion of a dynamic display sign
image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that
changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any
other manner that creates the illusion of movement.
(i) Audio. Dynamic display signs shall not be equipped with audio speakers.
(j) Malfunctions. Dynamic display signs must be designed and equipped to
freeze the sign face in one position if a malfunction occurs. Dynamic display signs must also be
equipped with a means to immediately discontinue the display if it malfunctions, and the sign
owner or operator must immediately turn off the display when notified by the city that it is not
complying with the standards of this subdivision.
(k) Brightness. All dynamic display signs shall meet the following brightness
standards:
(i) No dynamic display sign may exceed a maximum illumination of
5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of
500 nits (candelas per square meter) between sunset to sunrise as measured from the sign's
face at maximum brightness.
(ii) All dynamic display signs having illumination by means other than
natural light must be equipped with an ambient light sensor and a dimmer control or other
mechanism to continuously adjust the sign's brightness to ensure at any time the sign's
intensity does not exceed 0.3 foot candles above ambient light levels as measured from 100
10
feet from the sign's face and automatically controls the sign's brightness to comply with the
requirements of this subdivision.
(iii) No dynamic display sign may be of such intensity or brilliance that
it interferes with the effectiveness of an official traffic sign, device or signal.
(iv) The owner or controller of the dynamic display sign must adjust
the sign to meet these brightness standards in accordance with the city's instructions. The
adjustment must be made immediately upon notice of non-compliance from the city.
(v) A written certification from the sign manufacturer that light
intensity has been preset to conform to the brightness levels established by code and that the
preset level is protected from end user manipulation by password protected software or other
method. This would offer the advantage of ensuring that electronic signs at a minimum cannot
exceed the standards.
(9) Temporary signs for properties available for sale, lease or rent. Such properties
may have the following additional signs:
(a) The maximum size of signs shall not exceed six square feet for single
family, two-family, townhouse or quadraminium homes nor more than 20 square feet for
multiple family or nonresidential uses.
(b) The maximum height of the signs is eight feet.
(c) One sign is permitted per street frontage. Lakeshore lots may have an
additional sign oriented to the lake.
(d) Signs must be removed from the property within 14 days after the sale or
the building is leased/rented.
(e) The signs may not be illuminated.
(10) Flags. A maximum of four flags may be displayed on any one property on
freestanding poles and the height of the flagpole shall not exceed the height allowed for a
principal building in the applicable zoning district.
(11) Interior signage. This subdivision shall not apply to any signs installed within
buildings provided they are a minimum of three feet within the building and not visible from
outside the building.
(12) Traffic signs (Public). No regulations in this subdivision shall apply to public signs
used for traffic or traffic control installed by or directed to be installed by a federal, state,
county or local government.
(13) Temporary signs for new non-residential uses. Any new non-residential use that
has applied for its permanent business sign may, at the same time, apply for a permit for a
temporary sign to be displayed for no longer than 30 days, or until the permanent sign has been
erected, whichever comes first. The temporary sign shall be no larger than the approved
permanent sign.
(14) Temporary signs for properties with construction not related to subdivision. One
additional temporary sign may be installed on any property where construction is occurring, but
shall not exceed six square feet for single-family, two-family, townhouse or quadraminium nor
more than 20 square feet for multiple family or nonresidential uses. The sign shall be removed
from the site when the construction project is finished or two years from the initial installation,
whichever comes first. The maximum height of such signage is eight feet.
11
i. District Regulations. Subject to other conditions of this subdivision, the following signs
are authorized as specified below for each zoning district.
(1) Residential Districts (R-1A - R-313 and residential uses in the PUD and R-C
Residential/Commercial Districts)
(a) Commercial speech signs are not allowed for single-family, two-family,
townhouse, and quadraminium uses, except for those authorized in Section 1201.03 Subd.11 h. (9) and
(14).
(b) Allowed area of all signage on each property in residential zoning districts:
Use
Total Area of all Signs unless
specified elsewhere in this
subdivision
Single-family, two-family,
8 square feet
quadraminium, and townhouses
Multiple Family
50 square feet
Non-residential Uses (Not including
50 square feet per each 10 acres
PUD and R-C districts)
(c) Allowed freestanding signage on each property in residential zoning districts:
Use
Maximum Sign
Maximum
Area of a single
Maximum Height of
number of signs
freestanding sign*
freestanding Signs
over 8 square
feet
Single-family, two-
family,
8
6
0
quadrominiums,
townhouse
Multiple Family
20
9
1
Non-residential Uses
20
9
1 per street
frontage
* sign area is subject to limitation indicated in Section 1201.03 Subd.11 h (1)(b)
(d) Allowed wall signage on each property in residential zoning districts:
Use
Maximum area of wall
signs*
Maximum number of wall
signs*
Single-family, two-family,
Not permitted, except as allowed by Section 1201.03
quadrominiums,
Subd.11 h (5).
townhouse
Multiple Family
10 percent of gross
1 per property
shillouette
12
Non-residential Uses 10 percent of gross 1 per frontage
silhouette
'Sign area is subject to limitation indicated in Section 1201.03 Subd.11 h (1) (b)
(e) Signs for multiple family and non-residential uses placed along arterial or major
collector roadways may be indirectly illuminated subject to the standards in Section 1201.03 Subd. 2. i.
(f) Signs for cemetery uses may be affixed to an entry arch but may not exceed 18
feet in height.
(g) Dynamic Display. Freestanding signs for legally conforming non-residential uses in
residential districts may include dynamic displays subject to the restrictions in Section 1201.03 Subd.11. h.
(8) of City Code and as follows:
i. Only properties with frontage along major collector or arterial roadways
are permitted to have signs with dynamic displays.
ii. The dynamic display portion of the sign shall be limited to no more than
75 percent of the allowable sign area.
iii. The displays are limited to alpha -numeric text only.
iv. The displays shall remain static for 90 minutes at a time, except as
indicated in Section 1201.03 Suba. 11 h 8 (e) of City Code
(h) Additional signage permitted:
i. Temporary signs in excess of eight square feet, but not greater than 32
square feet:
I. Each residential property shall be allowed two such signs per year
and each sign may be placed on the property for no more than 15 days.
II. Each nonresidential property shall be allowed four such signs per
year and each sign may be placed on the property for no more than 15 days.
III. Not more than one sign may be placed on the property at a time.
ii. Permanent signage for subdivisions with 20 lots or more.
I. One monument sign per dedicated street entrance.
II. The maximum size sign is 32 square feet in area and the structure
size is limited to % of the allowed sign area.
III. The maximum height is eight feet above grade.
IV. The sign may not be illuminated.
iii. Temporary signs for new developments. Each new subdivision with three
or more lots or a multiple family or non-residential project shall be allowed two temporary signs that may
be installed at the entrance to the project.
I. The maximum size of the signs shall be 32 square feet each.
II. The signs shall not be illuminated.
III. The signs shall be removed when the construction of subdivision
improvements has ended, the principal building is occupied, or when 80 percent of the residential lots are
developed and sold, whichever occurs first.
iv. Nonresidential and multiple family uses. One permanent sign, not to
exceed three square feet in area and eight feet in height, may be installed per street access.
13
V. Nonprofit athletic associations under contract pursuant to Section
902.06 of City Code for exclusive field use may display temporary sponsorship signs to be placed
on certain ball field fences on public property, provided that:
I. The nonprofit athletic association must execute an annual
license agreement with the City setting forth the conditions of approval and the duration of the
approval. The association shall pay the 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.
II. Signs may be displayed only in a community park, as
defined in the Shorewood Comprehensive Plan.
Ill. Signs may be 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, and painted or factory coated 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 ballfield is 15.
VIII. The nonprofit athletic association is responsible for
maintaining the signs consistent with these requirements and in good repair. If a sign become
detached, torn, or vandalized or was installed in violation of the above, the sign will be 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.
(2) Commercial uses in R-C Residential/Commercial zoning district
(a) Not more than two permanent signs including wall and freestanding
signs, may be displayed per property.
(b) Freestanding signs shall not exceed 40 square feet in area nor eight feet
in height.
(c) Total area of signage shall be limited to a total surface area determined by taking
5% of the gross silhouette area of the front of the building, but not more than 100 square feet per
property. Where the principal building is on a corner lot, thus faces two streets, both sides may be
counted.
(d) Illuminated signs shall not be permitted in the R-C District, except that:
i. Signs located at least 100 feet from a residential district boundary
may be illuminated.
ii. Signs located nearer than 100 feet to a residential district boundary
may be illuminated, provided the sign is screened from view of residential properties.
14
and 7:00 a.m.
iii. In no case shall signs be illuminated between the hours of 9:00 p.m.
iv. All illuminated signs must comply with the provisions of Section
1201.03 Subd. 2.i. of City Code.
(e) One additional permanent sign, not to exceed three square feet in area and eight
feet in height, may be installed per street access. Each sign must be located a minimum of five feet from
front and side property lines.
(f) Additional temporary signs for new development
i. Each new residential subdivision with three or more lots or new non-
residential development shall be allowed two temporary signs that shall be installed at the entrance to the
project.
ii. The maximum size of the sign shall be 32 square feet each.
iii. The sign shall not be illuminated.
iv. The sign shall be removed when the proposed principal building is
occupied or when 80 percent of the residential lots are developed and sold.
(g) Additional temporary signage. Two temporary signs in excess of eight square
feet, but not greater than 32 square feet shall be allowed per year and each sign may be placed on the
property for no more than 15 days. Not more than one sign may be placed on the property at a time.
(3) L-R Lakeshore Recreational District;
(a) Not more than two signs, one facing the lake and one facing the street,
may be displayed per property.
(b) Signs shall not be illuminated.
(c) Signs shall not exceed 20 square feet in area each nor more than eight
feet above grade.
(d) One permanent sign, not to exceed three square feet in area and eight feet in
height, may be installed on the same per public street access. Each sign must be located a minimum of
five feet from front and side property lines.
(e) Additional Signage. Two temporary signs in excess of eight square feet, but not
greater than 32 square feet shall be allowed per year. Each sign maybe placed on the property for no
more than 15 days. Not more than one sign may be placed on the property at a time.
(4) Commercial Districts (C-1, C-2) and commercial uses in PUDs;
(a) The maximum area of all signs shall be no greater than 10 percent of the
gross silhouette of the front of the principal building. Where the principal building is on a
corner lot and thus faces two public streets, both sides may be counted.
(b) The maximum number of signs is three per property, of which one may
be a freestanding sign over eight square feet in area.
(c) Freestanding signs shall not exceed 20 feet in height or 80 square feet in area.
The total area of the sign structure shall not exceed one-half of the allowable copy area.
(d) Dynamic Display.
i. Freestanding signs only. Dynamic displays shall only be permitted
on freestanding signs and shall not increase the amount of sign area.
15
ii. Duration of image. A dynamic display may not change more often
than once every ten minutes, except as indicated in 1201.03 Subd 11 h. 8 (e).
V. The portion of the sign with the dynamic display shall be located
at the bottom of the sign face.
vi. The dynamic display signs may occupy no more than 25 percent of
the actual copy and graphic areas and the remainder of the sign may not have the capability to
have dynamic signs even if they are not used.
vii. Only one contiguous dynamic display area is allowed on a sign
face.
(e) Additional signage permitted:
i. Window Signs. The total areas of window signs shall not exceed 10 percent
of the total area of windows as viewed from the street. The area of any window sign with lettering over 3.5
inches in height shall be subtracted from the total number and area of signs allowed for the property.
ii. Signs oriented to drive -through service lanes. Each drive -through service
lane approved by conditional use permit shall be allowed a maximum of two additional freestanding signs
not exceeding eight feet in height. The total area of the two signs shall not exceed 39 square feet, with no
one sign allowed greater than 32 square feet. One of the two signs may include a digital order confirmation
sign. Placards placed on the top or sides of the sign count towards the total area of the sign.
iii. Multi -tenant buildings or shopping centers. A multitenant building or
shopping center is permitted additional signage to the approval of a conditional use permit with an overall
site and signage plan indicating the size, location and height of all signs. A maximum of 10 percent of the
gross silhouette of each multi -tenant building with two or more business uses shall apply to the principal
building where aggregate allowable sign area is distributed among the several businesses. A shopping
center may also be allowed to have two freestanding signs identifying the shopping center.
iv. One permanent sign, notto exceed three square feet in area and eight feet
in height, may be installed per street access. Each sign must be located a minimum of five feet from property
lines.
V. Permanent signs not to exceed 12 square inches may be installed at or
near parking spaces, not to exceed 10 per property.
vi. Temporary signs for new development. Each property shall be allowed
two temporary signs that shall be installed at the entrance to the project.
I. The maximum size of the signs shall be 32 square feet each.
II. The signs shall not be illuminated.
III. The signs shall be removed when the principal building is occupied.
vii. Additional temporary event signs. Subject to approval of a permit, each
property is allowed two temporary signs, banners, pennants, or similar devices, for up to 15 consecutive
days. No more than one such sign, banner, pennant or similar device shall be used on the site at a time. A
searchlight may be substituted for one such sign, banner, pennant or similar device, but may be used on
the property for no more than 24 consecutive hours. Searchlights may not be used between the hours of
11 p.m. and 6 a.m.
Non -conforming Signs.
(1) Any illegal non -conforming sign shall be removed from any property.
16
(2) Any legal non -conforming sign shall not be expanded but may be continued at the size and
manner of operation existing on the date it became nonconforming. The property owner may maintain,
repair or replace the sign (not including expansion or changes to the manner of operation) unless the sign is
removed for a period of more than one year. Once the sign has been removed from the property for one
year, any subsequent request for replacement shall be subject to the regulations in this subdivision.
(3) Any legal non -conforming sign may be returned to a safe condition when the sign is
declared unsafe by the Building Official, unless the sign is destroyed by fire or other peril to the extent of 50
percent of its market value (as determined by the City Assessor) and no permit has been applied for within
180 days of when the sign is damaged.
(4) A legal nonconforming sign may not be changed to another nonconforming sign.
(5) Any nonconforming sign used as a principal use on a property must be removed prior to
development of the site for any other use.
Section 3. This Section amends Chapter 1201.03 Subd 4 (General Area and Building Size
Regulations) of the Municipal Code. Striekep language is proposed to be removed and
underline language is proposed to be added.
Chapter 1201.03 Yard Requirements
Subd. 4. General area and building size regulations.
a. Purpose. This section identifies general area and building size
requirements and exceptions to general height requirements in each zoning district.
b. Useable open space. Each multiple -family dwelling site shall contain at
least 500 square feet of useable open space as defined in § 1201.02 of this chapter for each
dwelling unit contained thereon.
C. Height.
(1) The building height limits established herein for districts shall not
apply to the following:
(a) Belfries;
(b) Chimneys or flues;
(c) Spires on religious institutions;
(d) Cooling towers, mechanical and air conditioning
equipment when screened from view;
(e) Cupolas and domes whieh that do not contain useable
space;
(f) Elevator penthouses;
T_%-- CI'__ s;
(g4) Monuments;
(hi) Parapet walls extending not more than three feet above
the limiting height of the building;
(j) Water towers;
(jk) Poles, towers and other structures for essential services
subject to Subd. 10 of this section;
17
(,: ) Television and radio antennas not exceeding 20 feet above
the roof. Exception: ham radio antennas over 20 feet may be allowed by conditional use permit
as provided for in § 1201.04 of this chapter, provided that:
(i) The ham radio must be licensed by the Federal
Communications Commission (FCC);
(ii) Construction of the antenna requires a building
permit;
(iii) The antenna must be located within the buildable
area of the lot; and
(iv) The antenna must be fenced or so designed as to
be difficult to climb.
(2) The requirements of Minn. Rules 8800.1200 (Criteria for
Determining Air Navigation Obstructions), as may be amended, are hereby adopted by
reference.
d. Roof equipment. No excluded roof equipment or structural element
extending beyond the limited height of a building may occupy more than 25% of the area of the
roof nor shall the equipment exceed ten feet in height unless otherwise noted.
e. Efficiency apartments. Except for elderly housing, the number of
efficiency apartments in a multiple dwelling shall not exceed 5% of the total number of
apartments.
f. Minimum floor area - commercial structures. Commercial buildings
(principal structure) having less than 1,000 square feet of floor area may only be allowed upon
approval of a conditional use permit as provided for in § 1201.04 of this chapter, provided that:
(1) The structure is built on a lot with a minimum lot area of no less
than 10,000 square feet;
(2) Adequate on -site parking is provided;
(3) The architectural character of the building is similar in character
to buildings in the surrounding area.
Section 4. This Section amends Chapter 1201.19 Subd 8. Special District Provisions of the
Municipal Code. keA language is proposed to be removed and underline language is
proposed to be added.
Subd. 8. Special District provisions.
..
18
(a) _Signs hGate-d _a+ Io-aA+ '1 (Vl foot fre-m � I
Sign .. cavr-rvv�ccc�rcrrrcr-feSf�efl�iat
distFiGt IDGWRdaFy may be
(b) Signs IGGat n r than 1 feet to a r al
�' . 7..�-rware��-reare��rTarr�;�ii-rcet�-zvu-re$�efl ti�m
(d)
(3) Cree6tanding signs net evneeding 40 6qua Fe feet and net
higher +hen eight fee+ shell he permitted in the R_(' Gt.
de. Storage - displays: with the exception of nursery stock, all
materials, supplies, merchandise or other similar matter not on display for direct sale,
rental or lease to the ultimate consumer or user shall be stored within a completely
enclosed building within the R-C District or within the confines of 100% opaque wall or
fence not less than five feet high.
ef. The City Council or its designated representative shall evaluate the
design elements of the conditional uses under the provisions of § 1201.04.
Section 5. This Section amends Chapter 1201.24 L-R, Lakeshore Recreational District of the
Municipal Code. Qriektm language is proposed to be removed and underline language is
proposed to be added.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
a L-R District:
a. Off-street parking as regulated by § 1201.03, Subd. 5 and by §
1201.24, Subd. 8h of this section;
b. One clubhouse building, not exceeding 2000 square feet of floor
area on the first floor level. This building may be used for sale of limited items used in
conjunction with boating, including fishing bait and tackle, light accessory marine -line
equipment, soft drinks, prepackaged foods, shower and meeting rooms;
C. One storage building, not exceeding 1200 square feet of floor area;
d. Gasoline dispensing equipment (boat only) subject to design
standards of the Minnesota Uniform Fire Code, approval of the State Fire Marshall, the
local Fire Marshal, the Pollution Control Agency, Department of Natural Resources and
other applicable agencies and if authorized by the City Council. Sale of gasoline is
limited to those individuals renting or leasing dock slips, or launching boats from the
subject site, or, in the case of a yacht club, to members of the yacht club;
e. Boat rental, in compliance with LMCD regulations and as
authorized by the City Council.
f. Signs as regulated by 1201.03 Subd. 11. of this Code.
19
Section 6. EFFECTIVE DATE. This Ordinance --- adopting the Amendments to City Code, Chapter
1201, Zoning Regulations shall take effect upon publication in the City's official newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 13th day of May,
2024.
ATTEST:
Sandie Thone, City Clerk
20
Jennifer Labadie, Mayor
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 24-031
A RESOLUTION APPROVING THE PUBLICATION OF
ORDINANCE 606 REGARDING ZONING REGULATIONS
AMENDMENTS RELATED TO CREATE CONTENT NUETRAL SIGN REGULATIONS
WHEREAS, at a duly called meeting on April 22, 2024, the City Council of the City of Shorewood
adopted Ordinance No. 606 entitled "AMENDING SHOREWOOD CITY CODE CHAPTERS 1201.02
DEFINITIONS; 1201.03 SUBDS 4 (GENERAL AREA AND BUILDING SIZE REGULATIONS) AND 11
(SIGN REGULATIONS); AND CHAPTER 1201.19 (R-C, RESIDENTIAL -COMMERCIAL DISTRICT); AND
CHAPTER 1201.24 (L-R, LAKESHORE RECREATIONAL DISTRICT) RELATED TO THE CREATION OF
CONTENT NEUTRAL SIGN REGULATIONS"; and
WHEREAS, the City Council adopted a lengthy ordinance amending City Code Chapters 1201
(Zoning Regulations) to amend the sign regulations so that they are content neutral as well as
amend definitions in 1201.02 and consolidate district signage regulations in 1201.03 subd. 11;
and
WHEREAS, the purpose of this summary is to inform the public of the intent and effect of the
ordinance but to publish only a summary of the ordinance with the full ordinance being on file
in the office of the City Clerk during regular office hours and available on the city's website.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD:
1. The City Council finds that the above title and summary of Ordinance No. 606 clearly
informs the public of the intent and effect of the Ordinance.
2. The City Clerk is directed to publish Ordinance No. 606 by title and summary, pursuant
to Minnesota Statutes, Section 412.191, Subdivision 4. Such summary is to be
substantially the same as the attached ordinance.
A full copy of the Ordinance is available at Shorewood City Hall and on the city's
website.
Adopted by the City Council of Shorewood, Minnesota this 13th day of May, 2024.
Jennifer Labadie, Mayor
Attest:
Sandie Thone, City Clerk