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<br />, <br />. <br />. ~ <br /> ~HILLS <br /> MEMORANDUM <br /> DATE: May 30, 2006 PC Agenda Item 4.B <br /> TO: Planning Commission <br /> FROM: James Lehnhoff, City Planner <br /> SUBJECT: PC #: 06-014 <br /> Updated Sign Code <br /> Background <br /> In 1997, a lawyer from Georgia, working with various sign companies, began a search lor <br /> locations to constmct ncw billboards, some as big as live to seven story buildings. Many cities <br /> do not permit ncw billboards, which is the case in Arden Hills, or permit billboards of that size. <br /> Despite the rcstrictions on billboards, the lawyer would apply for the sign permit with the <br /> expectation of a denial. Once denied, the lawyer would file a lawsuit against thc controlling <br />. governmcnt unit, often a city, claiming that the sign rcgulations arc unconstitutional and, <br /> conscquently, the sign regulations should bc deemed unenforceable. If the sign regulations are <br /> deemed unconstitutional and unenforceable, the city may be obligated to approve the billboards <br /> or come to some sort of negotiatcd scttlcment. <br /> Although the results of thc lawsuits have been mixed, the sign regulations in some cities and <br /> counties have been deemed unconstitutional because sign content was inadvertently regulated. <br /> Without going into great legal detail, a city cannot regulate the content of a sign and, generally <br /> speaking, cannot show preferential treatment toward signs based on content. Basically, a city <br /> cannot tcll a business or resident what they can and cannot havc for a mcssage on thcir sign or <br /> hold highcr regard for a sign based on its content. <br /> Citics that exempt some signs from sign regulations or show preference for a type of sign based <br /> on content are at risk of having thcir sign regulations deemcd unconstitutional. An exemption <br /> for lor-rent, for-sale, or cvcn religious signs has been construed to be a form of regulating <br /> content. Due to thcsc types of exemptions, the cities of Hopkins, Eden Prairie, and Bloomington <br /> have faced such lawsuits, some of which are ongoing and costly (more than ] 00 lawsuits have <br /> been tiled nationwide). <br /> City of Arden Hi11.s <br />. Planning Commission j\1eetingfor June 7, 2()()6 <br /> "MC"1ro-incl.us.ardenhills\PJanning'Plilnning Cascs'.2006\06-014 Sign Code (PENDING)\053006 - PC rqxn1- sign onlinancc.doc <br /> Page] of 4 <br />