CCP 06-26-2006 - Laserfiche WebLink

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. . . ~ ~HILLS MEMORANDUM DATE: June 19,2006 CC Agenda Item 8.A TO: Mayor & City Council FROM: J ames Lehnhoff, City Planner SUBJECT: PC #: 06-014 Updated Sign Code Backl!round Over the last several years, a lawyer from Georgia has been working with various sign companies to find new locations to construct billboards along major highways in many states. The proposed billboards have been reported to be as high as five to seven stories and have included the "tri-vision" type, which is a billboard with rotating panels (an example of this type of billboard can be found inside the Metrodome). However, many cities do not pemlit new billboards or permit billboards of that size. The City of Arden Hills docs not permit the construction of new billboards. Despite the restrictions on billboards in many cities, the lawyer applies for the sign permit with the expectation of denial. Once denied, the lawyer files a lawsuit against the city claiming that the sign regulations are unconstitutional and should be deemed unenforceable. If the sign regulations are deemed unconstitutional, a city may be obligated to approve the billboards or come to a negotiated settlement. While 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. Without going into great legal detail, a city cannot regulate the content of a sign and, generally speaking, cannot show preferential treatment toward signs based on content. Cities that exempt selected signs from the 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 and Eden Prairie have faced lawsuits challenging their sign regulations, More than 100 lawsuits have been filed nationwide, some of which are ongoing and costly. Although Arden Hills has not received any requests [or new billboards, the City's frontage on Interstate 35W, Interstate 694, US Highway 10, and Highway 96 makes this an important issue. \\lvletro-inet.us\ardenhil1s\Planning\Planning Cases\2006\06-014 Sign Code (PENDING)\06200G - CC reporl- Sib~ ordinance.doc Page 1 of5