CCP 06-26-2006 - Laserfiche WebLink

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. ...... LL. <l .... ~ c . ARDEN HILLS PLANNING COMMISSION - JUNE 7, 2006 5 D. PLANNING CASE 05-14; UPDATED SIGN CODE Mr. Lchnhoff 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 pcrmit new billboards, which is the case in Arden I-lills, or permit billboards of that size. Despite the restrictions on billboards, the lawyer would apply for the sign pcrmit 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 unenforccable, the city may bc 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 contcnt was inadvertently regulated. A city camlOt regulate the content of a sign and, generally speaking, cannot show preferential treatment toward signs based on content Basically, a city cannot 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 excmpt 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 cxcmptions, 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 rcmove any potential constitutional issues without the pressurc of facing a costly lawsuit Although Arden Hills has not received any requests for new billboards, the City's frontage on Interstate 35W, Interstate 694, US Highway 10, and Highway 96 makes this an important issue. Mr, Lehnhoff rcviewed the changes and modifications made to the Sign Code for the Commissioners. He asked 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 would be to change. He noted the City was unique and signs were a big issue in the City with residential interest and he was concerned if they went to a Sign Codc, there would bc no public hcaring involved. He indicated he prefcrred this be maintained as a Sign Ordinance and not a Sign Code. Mr. Lehnhoff stated the City Attorney had recommended the City switch to a Sign Code, which would become part of thc official City Code. Ms. Barton statcd with a Sign Code, it would allow staff to make minor adjustments to the Code without have to bring it to a public hcaring. She noted any major content changes to the Sign Code staff would foresee putting together a task force, which would involve public participation,