PCP 07-12-2006 - Laserfiche WebLink

Home Browse Search

-- ---------- ----- ARDEN HILLS PLANNING COMMISSION - JUNE 7, 2006 4 C. PLANNING CASE #06-013: VARIANCE AND PRELIMINARY PLAT; AMITIES LLC; 3685 & 3695 NEW BRIGHTON ROAD (CONTINUED) . Mr. Lehnhoff stated staff recommends tabling Planning Case 06-013 until the July 5, 2006 Planning Commission meeting. Commissioner Larson moved, seconded by Commissioner Zimmerman, to table Planning Case 06-013 until the July 5, 2006 Planning Commission meeting, The motion earned unanimously (6-0). D, nANNING CASE #06-014: UPDATED SIGN CODE Mr. Lehnhoff explained that in 1997, a lawyer from Georgia, working with various sign companies, began a search for locations to construct new billboards, some as tall as five to seven story buildings. Many cities do not permit new billboards, which is the case in Arden Hills, or permit billboards of that size. Despite the restrictions on billboards, the lawyer would apply for the sign permit with the expectation of a denial. Once denied, the lawyer would file a lawsuit against the controlling government unit, often a city, claiming that the sign regulations are unconstitutional and, consequently, the sign regulations should be deemed unenforceable. If the sign regulations are deemed unconstitutional and unenforceable, the city may be obligated to approve the billboards or come to some sort of a negotiated settlement. . Although the results of the lawsuits have been mixed, the sign regulations in some cities and counties have been deemed unconstitutional because sign content was inadvertently regulated. A city cannot regulate the content of a sign and, generally speaking, cannot show preferential treatment toward signs based on content. Basically, a city carmot tell a business or resident what they can and cannot have for a message on their sign or hold higher regard for a sign based on its content. Cities that exempt some signs from sign regulations or show preference for a type of sign based on content are at risk of having their sign regulations deemed unconstitutional. An exemption for for-rent, for-sale, or even religious signs has been construed to be a form of regulating content. Due to these types of exemptions, the cities of Hopkins, Eden Prairie, and Bloomington have faced such lawsuits, some of which is ongoing and costly. On March 13, 2006, the City Council adopted a sign moratorium to allow the City time to update the Sign Ordinance to remove any potential constitutional issues without the pressure of facing a costly lawsuit. Although Arden Hills has not receivcd any requests for new billboards, the City's frontage on Interstate 35W, Interstate 694, US Highway lO, and Highway 96 makes this an important issue. Mr. Lehnhoff reviewed the changes and modifications made to the Sign Code for the Commissioncrs. He ask cd for all questions, changes, or concerns, including any spelling . or grammar mistakes. Commissioner McClung stated he had a concern about changing from a Sign Ordinance to a Sign Code. He stated he was not concerned about how difficult a Sign Ordinance