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12-14-2022 EDC Agenda PacketA.5:30 P.M. - CALL TO ORDER B.APPROVAL OF AGENDA Commissioners may add or delete items at this time. C.APPROVAL OF MINUTES C.1 Approve Economic Development Commission Minutes of October 11, 2022 D.VISITOR PRESENTATIONS E.DISCUSSION / GENERAL BUSINESS ITEMS E.1 Discuss Proposed Sign Code Update E.2 Business Retention and Expansion (BR&E) Program Implementation F.DIRECTOR'S REPORT G.ADJOURNMENT AGENDA CHANHASSEN ECONOMIC DEVELOPMENT COMMISSION WEDNESDAY, DECEMBER 14, 2022 CITY COUNCIL CHAMBERS 1 Economic Development Commission Item December 14, 2022 Subject Approve Economic Development Commission Minutes of October 11, 2022 Section APPROVAL OF MINUTES Item No: C.1 Prepared By Amy Weidman, Admin Support Specialist File No: SUMMARY BACKGROUND DISCUSSION RECOMMENDATION Staff recommends that the Economic Development Commission approve the October 11, 2022 Commission minutes. ATTACHMENTS October 11, 2022 EDC Minutes 2 CHANHASSEN ECONOMIC DEVELOPMENT COMMISSION REGULAR MEETING OCTOBER 11, 2022 Chairman Anderson called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Chair Eric Anderson, Vice Chair David Kressler (arrived at 7:01 p.m.), Commissioners Duke Zurek, Chris Freeman, and Stacy Goff. MEMBERS ABSENT: None. STAFF PRESENT: Samantha DiMaggio, Economic Development Manager; Bob Generous, Senior Planner. PUBLIC PRESENT: Chuck Swanson, Director of Community and Economic Development, Carver County Community Development Agency. APPROVAL OF MINUTES: APPROVE ECONOMIC DEVELOPMENT COMMISSION MINUTES DATED AUGUST 10, 2022 Member Freeman moved, Member Goff seconded to approve the Minutes of the Economic Development Commission meeting dated August 10, 2022 as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATION: Chuck Swanson, Carver County Director of Community and Economic Development, introduced himself and noted his goal is to get out into the communities and wants to know what is going on in each City in Carver County. He would like to be a partner, leverage, or extra set of eyes and ears for the Commission DISCUSSION/GENERAL BUSINESS: 1. Update Economic Development Commission Bylaws Sam DiMaggio, Economic Development Manager, gave a presentation outlining how the EDC is set up within the City Code. She shared proposed changes to the bylaws including clarifying the difference between the EDC and the EDA, taking out repetitive language, and adjusting meeting time. 3 Economic Development Commission – October 11, 2022 2 Member Kressler moved, Member Zurek seconded to approve the updated Economic Development Commission Bylaws. All voted in favor and the motion carried unanimously with a vote of 5 to 0. DIRECTOR REPORT: 1. Economic Development Manager Staff Report The EDC members introduced themselves to Ms. DiMaggio and shared a brief history of their business background, families, and involvement with the Commission. Ms. DiMaggio shared about her background, experience, and family, including her work as a teacher before transitioning to working with the business sector in northern Minnesota, working for the State of Minnesota as a loan officer, and working for the cities of Shakopee, LeSeuer, and Farmington. She spoke about her experience in City Planning and Economic Development within the cities. Since beginning the job in Chanhassen, Ms. DiMaggio has begun meeting business owners and non-profits within the City and shared about the people she has met so far. She has attended a ribbon-cutting, met with potential business/developers, and had business visits as well as partner visits (Buy Chanhassen, Southwest Metro Chamber). Ms. DiMaggio shared about a CRM (contact management system) to keep track of contacts within the City, the ability to send surveys to businesses within the CRM, collecting that data, and previous utilization of succession training for businesses after compiling data. The EDC and Ms. DiMaggio discussed the Commission members potentially attending some business openings or Chamber events, competition within the business sector, and the Avienda development and exploration of whether Chanhassen businesses may want to grow their businesses within Avienda. ADJOURNMENT: Member Anderson moved, Member Freeman seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Economic Development Commission meeting was adjourned the meeting at 8:02 p.m. Submitted by Samantha DiMaggio Economic Development Manager Prepared by Amy Weidman Administrative Support Specialist 4 Economic Development Commission Item December 14, 2022 Subject Discuss Proposed Sign Code Update Section DISCUSSION / GENERAL BUSINESS ITEMS Item No: E.1 Prepared By MacKenzie Young-Walters, Associate Planner File No: SUMMARY The city’s current sign code was first established in 1995, and recent changes in both the legal landscape and industry trends have exposed several areas that need to be updated. While these issues could be addressed through smaller targeted amendments, staff has observed that the numerous amendments passed over the last quarter century have created numerous inconstancies in standards and formatting that should also be addressed. For these reasons, staff is proposing a significant rewrite of the city’s sign code. BACKGROUND On December 6, 2022, staff held a discussion with the Planning Commission to solicit feedback on the potential changes to the sign code. Staff has included notes from that meeting as an attachment. In 2021, staff first brought these issues to the attention of the City Council, and is now looking for additional direction before moving forward with a proposed ordinance revision. In 2020, the Covid-19 pandemic accelerated existing trends towards drive through, pick up areas, and similar business practices that encourage businesses to erect additional directional/wayfinding signage. In 2015, the Supreme Court ruling in the case of Reed v. Gilbert significantly limited the ability of municipalities to regulate signage, by subjecting more components of sign ordinances to strict scrutiny (i.e. presumed to violate 1st amendment protections unless a city establishes valid public purpose… a very high threshold of review). As a result, cities must demonstrate a compelling interest in order to treat signs within a given district differently or risk having the courts invalidate portions of their sign ordinance. DISCUSSION For most amendments to the City Code, the public hearing before the Planning Commission provides an appropriate level of review and feedback; however, for larger and more impactful changes staff believes it is appropriate to solicit additional input by holding a discussion on the item before bringing forward a 5 formally proposed code amendment. Since signage is one of the most visible elements regulated by the City Code with significant impacts on both community aesthetics and business viability, staff feels that this issues warrants additional discussion. In order to facilitate this discussion, staff has included a brief memo listing several questions which staff would like the Economic Development Commission to provide input on, as well as a list of proposed changes and first draft of a potential ordinance. The list of proposed changes breaks the changes out into the following categories: major discussion points, minor discussion points, and other proposed changes. The changes listed under major discussion points are the ones that staff feel represent a significant changes to the existing sign ordinance. Staff would like to note that the first draft attachment may be of a more casual tone than is typically presented to the City's Commissions. It follows the format of our internal feedback process where a proposed change to the code is presented with new language in bold, deleted language in strikethrough and rationale, notes, and questions noted in red. Staff hopes that by including this document the Economic Development Commission will be better able to understand how and why staff is proposing various modifications and help address some of the unresolved questions. After receiving input from the Economic Development Commission, this item will go before the City Council for additional feedback before returning to the Planning Commission for a public hearing and to the City Council for a final vote early next year. RECOMMENDATION Staff recommends that the Economic Development Commission provide input on the proposed changes. ATTACHMENTS Sign Code Update Memo Quick Summary Sign Edits Planning Commission Notes 12-06-22 6 MEMORANDUM TO:Laurie Hokkanen, City Manager FROM:MacKenzie Young-Walters, Associate Planner DATE:December 6, 2022 SUBJ:Amendments to City Sign Code SUMMARY The City’s current sign code was first established in 1995, and recent changes in both the legal landscape and industry trends have exposed several areas that need to be updated. While these issues could be addressed through smaller targeted amendments, staff has observed that the numerous amendments passed over the last quarter century have created numerous inconstancies in standards and formatting that should also be address. For these reasons, staff is proposing a significant rewrite of the City’s sign code. BACKGROUND In 2021, the staff first brought these issues to the attention of the City Council, and is now looking for additional direction before moving forward with a proposed ordinance revision. In 2020, the Covid 19 pandemic accelerated existing trends towards drive through, pick up areas, and similar business practices that encourage business to erect additional directional/wayfinding signage. In 2015, the Supreme Court ruling in the case of Reed v. Gilbert significantly limited the ability of municipalities to regulate signage, by subjecting more components of sign ordinances to strict scrutiny (i.e. presumed to violate 1 st amendment protections unless a city establishes valid public purpose… a very high threshold of review). As a result, cities must demonstrate a compelling interest in order to treat signs within a given district differently or risk having the courts invalidate portions of their sign ordinance. KEY ISSUES: Residential Signage: Currently our ordinance differentiates between many subtypes of signage allowed in residential zones, with different rules and standards for each. Under Reed the presumption is that this type of 7 Amendments to City Sign Code December 6, 2022 Page 2 of 3 system is unconstitutional. The categories should be removed and a general rule should be enacted. Staff would like direction on: 1. Number of signs. (1 per street frontage or max of 2, etc.) 2. Location of signs (apply 10’ property line setback y/n) 3. Size of signs. (16 sq. ft., 12 sq. ft., other?) Level of Prescriptiveness: Ordinance limits to one sign per business per street frontage, stipulates maximum percentage of sign that can be logo, maximum percentage that can be display messages, limits what can be on sign, limits size, requires ½” dimensioned letters except for logos or display messages, etc. The standards can run afoul of branding standards and distinctions between logos and other sign elements are not always clear. Staff would like direction on: 1. What standards are important: a. Is it a concern if a business has a sign over the entry way and another at the corner of the building along the same elevation? b. Should we continue to regulate the logo to lettering ratio? c. Is it an issue if businesses use entirely flat signage? d. Should we prevent businesses from having a sign on every wall? When to permit/not to permit: Some signs require permits, whereas others allowed without a permit subject to performance standards. The code currently exempts residential signage (i.e. yard signs), help wanted, space for sale/lease, development advertising, pick up signs, window signs, and directional signs from permitting requirements. While requiring permits for temporary advertising/grand opening signs, menu board signs, and permanent wall/monument signs. Staff would like direction on: 1. Should development signs be required to get a temporary sign permit? Staff has had issues with noncompliance (too big, in right of way, etc.) and these signs can be present for years as a project develops. 2. Pick up signs? These can be large and significantly impact parking lot layouts and traffic flows. 3. Directional signage? Without a permit it is hard to verify/ensure compliance with number and size standards. Level of Decision Making: The sign code requires council approval for several sign related decisions. Staff would like direction on: 1. Should the Planning Commission be able to approve sign variances? 2. Should staff be able to approve increases to the number of permitted directional signs on a site? 8 Amendments to City Sign Code December 6, 2022 Page 3 of 3 3. Should staff be able to approve permanent off-premises signs? Temporary Advertising Signage: The sign code currently limits detached banner signs to 5’ in height. Staff would like direction on: 1. Should the height limit be altered to permit feather signs (tall narrow banners)? If so what height limit? (10, 12, 15, or 18 feet?) Miscellaneous: Staff would welcome direction on any other proposed changes or elements of the sign code. Staff is also reviewing PUD specific signage criteria to identify areas that are inconstant with the existing and proposed general sign code. The PUDs may be amended concurrently with the overall sign code amendment to remove any problematic discrepancies. NEXT STEPS: Staff will bring this issue before the Economic Development Commission, City Council, and local business organizations for additional input. Based on the feedback received, staff will draft a proposed ordinance which will then go through a formal public hearing process with the Planning Commission before going to the City Council for a final vote. ATTACHMENTS: 1) Notes on proposed changes to sign code 2) Bold, Strikethrough of proposed changes to sign code, with MYW comments g:\plan\city code\2022\2022-11 sign code update\sign code update memo.docx 9 1. Goal a. Bring into line with recent case law (Reed v. Gilbert) b. Update code to reflect current trends and increase flexibility c. Eliminate ambiguous language d. Improve internal consistency in standards and formatting 2. Major Discussion Points a. Sec. 20-1255(3) Allow artistic/noncommercial displays if not a nuisance. Existing was message based and would violate Reed. Also with 40 days per holiday, they could be up 24/7 regardless. Best solution I could come up with is to alter the definition of signs to exclude noncommercial art and displays and then delete? b. Sec. 20-1255(6), (9), and (10)(c) I moved these into Sec. 20-1257 and created a new class of temporary signs allowed by permit. We’ve had issues with these types of signs not meeting code. We often end up reviewing the locations anyways. We don’t track when they go up so it is hard to enforce when they should come down. A $35 permit for the duration of the project isn’t onerous on developers, ensures fair treatment, provides review mechanism between us and engineering, and lets us track these signs. i. Within new section: removed 10 unit per acre threshold and language that favored residential over non-residential development. Applied temporary project development advertising sign standards to temporary construction signs. ii. All detached temporary signs except new development and construction are limited to 10’ height and 32 sq. ft. size. These are allowed 64 sq. ft. size and up to 15’ in height with a 1:1 increased setback for each 1’ about 10’ in height. Should we apply the general standard to these, or do we feel there is a good rational for the increased size? Maybe only allow bigger for combined? c. Sec. 20-1255(8) gives rummage sale sign preferential treatment over all other types of signage. Not allowed by Reed. Replaced with general “Temp. nonillumianted signs in single-family residential district” provision allowing up to two 16 sq. ft., 5’ high signs. This allows miscellaneous speech previously allowed by exemption or Sec. 20-1255(7) d. Sec. 20-1255(10)(a-b) and 12 Created “Temp. nonilluminated signs in non-single-family residential districts category”. Allowed all leasing/sale/help wanted 100 sq. ft. banner, 32 sq. ft. free standing (10’ max height), and use of window signs. Removed 10+ acre threshold for 16 to 32 sq. ft. size increase. e. Sec. 20-1255(15) Added awning signs to list of signs allowed without a permit. Sec. 20- 1259(3) implies that these signs are allowed, but they are never expressly addressed in code. Treating them as wall signs means you can’t have them because you don’t meet ½” requirement. Since awning replacement doesn’t require a permit, these often go up without our being consulted. When asked we usually allow as “art”. Added with conditions that they don’t cover more than 50% of awning area and do not exceed total permitted wall sign area, these are the same provisions that govern window signs. f.Sec. 20-1256(2) allowing temporary detached signs up to 10’. Would accommodate smaller feather signs and be consistent with other temporary sign heights. Would we want to allow taller signs… i.e. 12, 15, or 18 feet? 10 g. Sec. 20-1259(3) removed prohibition on projecting signs. Added to list of permitted signs for CBD only as it is most walkable district (Sec. 20-1303(7). h. 20-1267(a) removed uniform signage requirement for multi-tenant buildings. This is standard is either unworkable, subjective, or just general design standards in a development’s comprehensive sign plan (i.e. 5” letters, in sign band, etc.). I cannot see a situation where we would deny a sign that met all requirements of the code and development sign plan because it didn’t look similar enough to another tenant’s sign that also met the requirements. i.Sec. 20-1267(a)(1) Individual dimensioned letters changed to dimensioned elements. Removed 30% logo and 20% company symbols, display, pictures, illustrations, etc. exemptions and replaced with a 50% must be dimensioned standard. Achieves goal of not having flat cabinet signs, but grants more flexibility in size and composition. Only issue is how we would treat a sign that is just a flat logo… arguably could call it a channel letter/symbol. j.Sec. 20-1267(a)(2) removed compatible with other signage language, see rational under “g” above. k. Sec. 20-1267(b)(2) and (4) treated same as wall signs, see rational under “h” above. l.Sec. 20-1275(f) drafted standards for projecting signs requiring 10’ from ground level, 4’ maximum projection, and 2’ setback from the curb. m. Sec. 20-1276(11) Clarified that EMC can only be mounted on pylon/monument signs. Code was silent, but I believe this was the intent. n. Sec. 20-1302(2)(a) Removed the one wall business sign standard. Main goal is to keep total signage under the total display area, does it create an issue if the business name is in one place and logo in another? o. Sec. 20-1302(3) Should we add an intent statement to clarify why government property is entitled to this exemption while similar private/non-profit entities are not? p. Sec. 20-1302(3)(c) removed unique standards for government EMC signs and referred to general standards (largely identical save government EMC’s were exempted from ratio requirements and allowed a flat 40 sq. ft.). To avoid giving them preferential treatment, I added a 35% EMC display limit for signs 81-120 sq. ft. (only gov. signs are allowed to be this large) to the EMC table… this does mean that smaller government signs get less EMC area than previously. q. Sec. 20-1303(3) and Sec. 20-1304(3) rewrote to use language from 20-1302(2). Standards were similar and no reason to use different format. A no product advertising clause was added as I cannot see why we would allow product advertising wall signs in any district. r.Sec. 20-1303(4) renamed to restaurant drive-through signs. Added preorder boards to list of permitted signage and established maximum display areas of 12 sq. ft. for those signs. Caped display area height at 8’ which will allow rain shields/awnings that exceed that height limit (higher clearance needed for vehicles). 3. Minor Discussion Points a. Sec. 20-1253 Replace hardship with practical difficulties. As sign’s are under zoning code, I believe the 2011 change to a practical difficulty standard should apply to sign variances as well as land use. 11 b. Sec. 20-1255(1) replaced political campaign signs with noncommercial sign exemption. This replicates the state’s language which expressly includes opinion signs as well as campaign signs. The existing heading was a source of confusion. c. Sec. 20-1255(2) Changed to allow approval of additional directional signs as part of site plan or administratively by community development director. Council approval for an extra directional sign is an excessive level of review, especially considering we can administratively approve a 10% addition to building size. Removed “c” as these situations could be resolved through site plan or development director clause. d. Sec. 20-1255(4) Moved to Division 2 to require permit. No reason these shouldn’t be evaluated and treated like menu boards. e. Sec. 20-1255(7) Attorney advised language is ambiguous. We’ve used this section to allow miscellaneous free speech. I believe intent was to allow government to post signs without permits. Revised to reflect this. f.Sec. 20-1255(11) Reed says we can’t single out off premise open house signs for special treatment. Use can be accommodated under revised Sec. 20-1255(8) g. Sec. 20-1255(13) LMC guidelines say corporate flags can’t be given special treatment so I changed to just 1 flag per business. h. Sec. 20-1255(14) Moved pick up signs to Division 2 to require permit. We would want to evaluate location and ensure compliance with standards, similar to fuel price and menu boards. i. I realize I wrote the amendment that added this section and previously advocated for no permit… I think past me was incorrect in this. Whoops. i.20-1257(2) removed preferential language for off premise directional signage j.Sec. 20-1259(2) removed barber pole exemption. CUP is high bar for a sign and no reason is given for why this moving sign is granted special treatment. k. Sec. 20-1265(g) moved window signs to signs allowed without a permit (Sec. 20- 1255(14)). Didn’t make sense to have something setting standards for signs we allow without a permit to be in location restrictions rather than signs allowed without a permit. i. Broke standards into letter subsections to improve readability. ii. May want to delete exemption for sub 32 sq. ft. windows as it doesn’t seem to serve a purpose? l.Sec. 20-1267(a)(3) merged company logo dimensioned exemption into revised general exemption in Sec. 20-1267(a)(1) m. Sec. 20-1267(b)(4) added lighting standard for illuminated monument signs identical to what are in place for wall signs. n. Sec. 20-1302(2)(b) and (d) The content limitations in (c) are largely duplicated in (d) so I have removed them. I also expanded them to mirror what is allowed in the other commercial/industrial districts. I do not know that there is a compelling reason to allow display messages, pictorial presentations, illustration, or decorations in other districts but not the OI, BF, or BN. Also minor formatting error where (d) is listed as 3. o. Sec. 20-1302(4) and (5), and Sec. 20-1303(5) and (6) moves motor fuel price signs and pick up signs from no permit to permit see “d” and “h” above. 12 p. Sec. 20-1303(1) added per parcel to clarify “on pylon identification sign shall be permitted”. We have them on individual parcels, and have developments with multiple pylon signs. 4. Other Proposed Changes a. Sec. 20-1251(a)(7) Expanded purpose statement to include all signs and displays, not just commercial. b. Sec. 20-1251(c) Added severability clause. Just good practice. c. Sec. 20-1254(a) Added minor maintenance exemption from permit requirement. d. Sec. 20-1254(b)(7) Added lamp wattage and luminance level to information required for permits. Only required for EMC, but we limit for all illuminated signs. e. Sec. 20-1254(8) added language to mirror fee provisions in other areas of the Code. f.Sec. 20-1254(9) rewrote to reflect permitting language in other areas of the code. g. Sec. 20-1255(5) Separated out Integral and Address signs. With 12” minimum height for address letters outside of single-family buildings with four digit addresses could be unable to comply. h. Sec. 20-1256 Added advertising to heading to separate out from new temporary sign with permit subsection. i.Sec. 20-1258 replaced division with article (sign code has 2 divisions, should apply to both) and replaced he with they (inclusive). j.Sec. 20-1259(6) added sections 20-1256 (existing) and 20-1257(proposed) to list of sections allowing temporary signs. k. Sec. 20-1267(2)(b) removed neon from opening since subsequent language makes it clear it applies to neon and LED signage. l.Sec. 20-1268 added same location and design regulations to substitution clause to clarify that non-commercial signs are subject to same setbacks, brightness limits, etc. m. Sec. 20-1301(2) added 10’ property line setback to standards to clarify they are subject to general location requirements. Also cleaned up language where start by saying “only one” but then provide standards for “more than one” two sentences latter by removing “only one”. n. Sec. 20-1301(2) and (3) added 10’ property line setback to standards to clarify they are subject to general location requirements. o. Sec. 20-1302(3)(b) removed reference to EMC CUPs as they are no longer required. 13 ARTICLE XXVI. - SIGNS [19] Footnotes: --- (19) --- Editor's note—Section 1 of Ord. No. 231, adopted Jan. 9, 1995, amended Art. XXVI in its entirety to read as herein set out. Prior to amendment, Art. XXVI contained §§ 20-1251—20- 1277 and 20-1301—20-1305, which pertained to similar subject matter and derived from Ord. No. 80, adopted Dec. 15, 1986; Ord. No. 90, adopted March 14, 1988; and Ord. No. 92, adopted July 11, 1988. DIVISION 1. - GENERALLY Sec. 20-1251. - Purpose and findings. (a) Purpose.The purpose of this sign ordinance is intended to establish an effective means of communication in the city, maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: (1) Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service; (2) Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; (3) Ensure that signs do not create safety hazards; (4) Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; (5) Preserve and protect property values; (6) Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures; (7) Limit Provide an opportunity for temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs and displays which create continuous visual clutter and hazards at public right-of-way intersections. Eliminate reference to content in statement of purpose per LMC guidelines in response to Reed. (b) Findings.The city finds it is necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of signs be controlled. Further the city finds: 14 (1) Permanent and temporary signs have a direct impact on, and a relationship to, the image of the community; (2) The manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community; (3) An opportunity for a viable identification of community business and institutions must be established; (4) The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers; (5) Installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective firefighting and other emergency service; (6) Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and, thereby, undermine economic value and growth; (7) Uncontrolled and unlimited signs, particularly temporary signs, which are commonly located within or adjacent to public right-of-way, or are located at driveway/street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information. (c) Severability. If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article. Just in case we ever lose a legal challenge. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1252. - Permit and variance fees. Fees for sign permit applications and variance requests shall be imposed in accordance with the fee schedule established pursuant to the ordinance adopting fees. The intent of this section is to recover costs associated with administering this article. Permit fees shall reflect the costs of reviewing and processing permits, as well as costs associated with periodic enforcement activities and compliance checks. (Ord. No. 231, § 1, 1-9-95; Ord. No. 377, § 138, 5-24-04) Sec. 20-1253. - Variances. The city council, upon the recommendation of the planning commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship practical difficulty; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this article. Written application for a variance shall be filed 15 with the planning department and shall be supplemented with reproducible copies of the proposed sign. The application shall be processed in conformance with the public hearing requirements dictated for variances in section 20-29. No variance shall be granted by the city council unless it has received the affirmative vote of at least simple majority of the full city council. Should this be practical difficulties? I think that since sign variances are located within the zoning code the 2011 state change from hardship to practical difficulties would apply to sign variances as well. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1254. - Permit generally. (a)Except for minor maintenance or as provided in section 20-1255, no sign or sign structure shall be erected, constructed, altered, rebuilt or relocated until a permit has first been issued by the city. Do we want to clarify that minor maintenance is permitted? Generally issues/pushback has come with replacing a panel/letter with identical or substantively identical copy. (b) The following information for a sign permit shall be supplied by an applicant if requested by the city: (1) Name, address and telephone number of person making application. (2) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. (3) Plans, location, specifications, materials, method of construction and attachment to the buildings or placement method in the ground. (4) Copy of stress sheets and calculations. (5) Written consent of the owner or lessee of any site on which the sign is to be erected. (6) Any electrical permit required and issued for the sign. (7) Such other information as the city shall require to show full compliance with this chapter and all other laws and ordinances of the city. Information may include, but is not limited to,such items as color,and material samples, and lamp wattage and luminance level in candles per square meter (Nits). Only listed as required for EMC signs, but we limit Nits for neon and other illuminated signs… may make sense to explicitly list it is as a possible requirement. Also, I always like adding “but is not limited to” in case we need something we never thought of before. (8) Receipt of sign permit fee as established by the city council. Probably not needed, but this mirrors language in other areas of the code. (9) The planning director, upon the filing of any application for a permit, shall examine such plans, specifications and other data. If the proposed sign complies with this article 16 and other applicable ordinances, the city shall issue a sign permit unless city council approval is required. If city council approval is required, the matter shall be promptly referred to the council for action. Any sign permit application that fails to meet the requirements of this article shall be denied by the community development director. This language seems out of keeping with similar sections of the code. I substituted it for the language used in Sec. 20-91 for zoning permits. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1255. - Signs allowed without permit. The following signs are allowed without a permit: (1) Political campaign signs.Noncommercial sign exemption.All noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the state general election and 13 weeks prior to any special election until ten days following the special election, subject to following limits: Temporary political campaign signs are permitted according to the following: 211B.045 exempts all Noncommercial signs, also under Reed we can’t treat a sign that says, “Vote for X” differently than one that says, “This issue is important”. With this change we’d want to remove the political campaign sign definition. a. The sign must contain the name of the person responsible for such sign, and that person shall be responsible for its removal. b. Signs are not permitted in the public right-of-way, or within the sight triangle. c. Shall comply with the Fair Campaign Practices Act contained in M.S. § 211B.045. d. The city shall have the right to remove and destroy signs not conforming to this subsection. e. Permitted from 46 days before the state primary in a state general election year until ten days following the state general election and 13 weeks prior to any special election until ten days following the special election. f. No such sign shall be located within 100 feet of any polling site. g. Sign shall be located on private property with permission of the property owner. (2) Directional signs.Unless otherwise approved through the site plan review process, the following standards apply to directional signs: I would prefer to handle all onsite directional signs under “a” and if they really need a larger sign they can ask for a variance or address the directional signage as part of the PUD or site plan (for future developments). 17 a. On-premises signs shall not be larger than four square feet. The maximum height of the sign shall not exceed five feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. No more than four signs shall be allowed per lot. The community development director city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. With the rise of pick up/to go services I can see a lot of shopping centers, especially those with multiple restaurants, exceeding this limit. I also can see that we would want to control the proliferation of these and not have 100 signs per property. The City Council seems like a pretty high level of review for adding a couple extra signs, could we instead handle this administratively? b. Permanent off-premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be no larger than what is needed to effectively view the sign from the roadway and shall be approved by the city council. Temporary off-premises signs are prohibited, unless otherwise specified in this chapter. c. On-premises signs for industrially zoned land in excess of 40 acres shall not exceed 12 square feet. The maximum height of the sign shall not exceed five feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties or the general appearance of the site from public right-of-way. No more than four signs shall be allowed per site. The city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. (3) Community signs or displays which contain or depict a message pertaining to a religious, national, state or local holiday or event and no other matter, and which are displayed for a period not to exceed 40 days in any calendar year. My understanding of Reed is that because this ordinance treats certain types of speech differently than other types of speech it would be subject to strict scrutiny and, likely, deemed to violate the 1st Amendment. Also, if this is read to be each holiday sign gets a 40-day display period, the number of holidays means that you can have any number of signs up continually throughout the year. If it is read to be 40 day cumulative, we can’t track or enforce this without a permitting requirement. Also, our definition of sign is very broad and would technically encompass things like nativity scenes which we do not want to prohibit. I am not sure how we would want to reconcile this… maybe changing definition so noncommercial displays are not considered signs and just delete this section? (4) Motor fuel price signs are permitted on the premises of any automobile service station or convenience store selling fuel, only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four square feet in sign display area. When such signs are made an integral part of a 18 freestanding business sign, the sign display area devoted to the price component shall not exceed 30 percent of the total sign display area of the sign. I think this should be moved to Division 2. We’d want to evaluate these and treat these the same as menu board signs which are placed under the appropriate districts within Division 2. (5) Nameplate or integral signs not exceeding two square feet per building and does not include multi-tenant names. Integral signs bearing the name or function of the building not exceeding two square feet per building. (6) Address signs listing the street number of a building’s address as required by section 7-63. I think we should reevaluate this. We define nameplate signs to include address signs, but section 7-63 requires address numbers to be a minimum of 12” high on commercial/industrial/multi-family buildings and many of these buildings have 4+ digit addresses which may exceed the 2 square foot limit. The proposed change would require deleting the definition of nameplate sign and adding a definition for address signs (6) Nonilluminated construction signs confined to the site of the construction, alteration or repair. Such a sign must be removed within one year from the date of issuance of the first building permit on the site, and may be extended until the project is completed. One sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed 50 square feet in sign area, and residential construction signs may not exceed 24 square feet in sign area. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. See note at end of section. (7) Signs of a public, noncommercial,nature,Informational signs erected by a governmental entity or agency, including safety signs (O.S.H.A.), directional signs to public facilities, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like. Signs shall not exceed 16 square feet. In a recent sign complaint, our attorney noted that this section is ambiguous. While we have consistently used this provision to allow for political speech or “my kid is an honor student” type signs, I believe the original intent was likely only to allow for governmental entities to erect signs. (8) Rummage (garage) sale signs.Rummage sale signs shall be removed within two days after the end of the sale and shall not exceed four square feet. Rummage sale signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this subsection. The city may assess a fee in the amount established in chapter 4 of this Code for sign permits for each sign removed by the city. Temporary nonilluminated signs in single-family residential districts.The maximum sign display area shall not exceed 16 square feet. The maximum height of signs shall be five feet from the ground. The total number of signs shall not exceed two per 19 property. Signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs located within the public rights-of-way. LMC guidelines note that all yard signs are constitutionally protected, and I think we’d also run into problems with Reed if we said you can have a rummage sale sign, but not a similarly sized lemonade stand sign or politically oriented sign. The LMC also notes that real estate signs cannot be treated more favorably than other types of speech (this creates a preference for commercial speech over noncommercial). No fee for sign removal is currently established, nor do I think we would actually want to fine residents for placing garage sale signs in the ROW. Also do we want to establish a maximum number of signs per property? I’ve proposed 2 but am open to other limits. (9) Temporary development project advertising signs erected for the purpose of selling or promoting any nonresidential project, or any residential project of ten or more dwelling units, located in the City of Chanhassen, shall be permitted subject to the following regulations: a. Not more than one nonilluminated sign per street frontage, provided that the total number of signs do not exceed two per project. b. Such signs shall only be located along streets that provide primary access to the project site. c. Such sign shall be setback at least ten feet from any property line for signs ten feet in height or less, plus one additional foot for each additional foot of sign height. Signs shall be firmly anchored to the ground. d. No such sign shall be located closer than 100 feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. e. Such signs shall not be located closer than 100 feet from any other sign located on the same side of the street. f. Sign display area shall not exceed 64 square feet, and the height of such signs shall not exceed 15 feet. g. Such signs shall be removed when the project being advertised is sold or leased, or after three years. The planning director may permit a sign for longer than three years if the project being advertised is not sold or leased. h. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. See note at end of section. (10) Temporary nonilluminated signs in non-single-family residential districts. The following are permitted without a permit: I think we are best served by creating a category for these that separates them based on location rather than content and then staying consistent within the district. 20 I) Temporary real estate signs which advertise the sale, rental or lease of real estate subject to the following conditions: a. On-premises real estate signs advertising the sale, rental or lease of the premises upon which the sign is located. 1. One nonilluminated sign is permitted per street frontage. 2. A banner shall not exceed 100 square feet of display area and must be affixed to the principal structure. Added banners unless we have reason to treat employment signs more favorably than leasing signs. 3. Sign display area shall not exceed 16 square feet per sign on property containing less than ten acres in area, and 32 square feet per sign. on property containing ten or more acres. Free standing signs shall not 32 square feet of sign display area, and the height of such signs shall not No such sign shall exceed ten feet in overall height, nor shall they be located less than ten feet from any property line. We allow 32 sq. ft. of signage for detached signs without reference to the size of the development or size of hosting property. It seems odd that they could host a larger sign for a neighboring parcel than they would be allowed for themselves. (i.e. we have a 9 acre industrial district with 3 parcels… each would be limited to 16 sq. ft., but could host the other parcel’s 32 sq. ft. sign) Merged size, height, and setback. 4. All temporary real estate signs shall be removed within seven days following sale, lease or rental of the property. 5. Window signs advertising the sale, rental or lease of a building are permitted subject to the conditions of subsection 20-1265(g).20-1255(14). I moved the window sign provisions. b. Off-premises real estate signs advertising the sale, rental or lease of business and industrial buildings: 1. One nonilluminated sign is permitted per building. 2. Such signs shall only be permitted in business and industrial districts, and on property located within the same subdivision or development as the building being advertised. 3. Such signs shall not be located closer than 100 feet from any other such sign located on the same side of the street. 4. Sign display area shall not exceed 32 square feet, and the height of such signs shall not exceed ten feet. 5. Such sign shall be setback at least ten feet from any property line. 21 6. Such signs shall be removed within seven days following the lease or sale of the building floor space which it is advertising. 7. Provide Must receive written permission of property owner. Permits are not needed so we don’t have a mechanism to require/process this. c. Off-premises directional signs which show direction to new residential developments in accordance with the following. The intent of this subsection is to allow short-term signage, for residential development, to familiarize the public with the new development. 1. Such sign shall only be permitted along major arterials and collectors as identified in the comprehensive plan. 2. Only one sign per corner of an intersection per development shall be permitted. There shall not be more than four signs per intersection. Signs shall not be located in any site distance triangle, measured 30 feet from the point of intersection of the property line. 3. Sign display area shall not exceed 32 square feet and the height of such signs shall not exceed ten feet. 4. Such sign shall not be located closer than ten feet from any street right-of-way line, and shall be firmly anchored to the ground. 5. Written permission must be obtained from the property owner upon whose land the proposed sign is to be located. 6. Such sign shall be nonilluminated and kept in good condition. 7. Such sign shall be removed 12 months after the sign has been erected. A sign shall be permitted for each phase of a development. 8. Signs for home promotions (Parade of Homes, Spring Preview, etc.) shall be limited to four square feet and shall be permitted only for the duration of the event. See note at end of section. (11) Off-premises sign for open house, house for sale or rent, parade of homes, etc.Such signs shall be removed within two days after the end of the event and shall not exceed four square feet. The property owner upon which a sign is located shall provide their approval. The signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this section. The city may assess a fee in the amount established in chapter 4 of this Code for sign permits for each sign removed by the city. Under Reed we can’t give preference to these types of signs. They would be covered under revised (8). (12) II)Employment opportunity signs; (help wanted)which advertise job opportunities for a specific location upon which the sign is located subject to the following conditions: 22 a. One nonilluminated sign is permitted per street frontage. b. A banner shall not exceed 100 square feet of display area and must be affixed to the principle structure. c. Freestanding signs shall not exceed 16 32 square feet of display area and eight 10 feet in height. Standardized 32 sq. ft. and 10’ in height as that is what leasing/real estate are allowed. I think we would need an articulated reason to treat the two differently. d. No such sign shall be located less than ten feet from any property line. e. All temporary employment opportunity signs shall be removed within seven days after the posted position has been filled. f.Window signs advertising job opportunities are permitted subject to the conditions of subsection 20-1255(14). Added window signs as they are expressly mentioned for real estate/leasing signs. (13) Corporate flags are limited to one per business. Per LMC guidelines we cannot give preference to one type of flag over another (i.e. we can’t say they can have an advertising flag with company logo but not an Olympic flag). Would we want to limit size? Currently no limit present or proposed. (14) Pickup signs;big box retailers and grocery stores are allowed one sign to designate an area of the parking lot for pickup/driveup loading of goods purchased in advance subject to the following conditions: a. The pickup sign must be located within the parking lot and the placement of pickup sign shall be so located such that the sign does not adversely affect adjacent properties or navigability of the parking lot (including sight lines, confusion of adjoining ingress or egress) or the general appearance of the site from public rights- of-way. b. No more than one pickup sign shall be allowed per business c. The pickup sign may not exceed 13 feet in height. d. The pickup sign's base shall be not more than two feet wide on a side, and no portion of the sign may project beyond the base. e. The pickup sign is limited to four square feet of display area per sign face, and no more than 30 percent of the display area shall be used for the business logo or identification. f. Businesses with a drive-through facility may not also have a pickup sign. I think this should be moved to Division 2 similar to menu signs. (14) Window signs are permitted subject to the following standards: a. Shall not cover more than 50 percent of the total window area in which they are located, with the total window area being interpreted as the total window area for that face of the building. 23 b. In no case shall the total window sign area exceed the permitted wall sign area defined in this article for said district. c. Buildings with less than 32 square feet of window area are exempt from section 20-1255(14)(b) As written this section exempts buildings with less than 32 sq. ft. of window area from (b), but this seems off as a building with a 32 sq. ft. of windows would have to have less than 106 sq. ft. of wall area in order for this exemption to apply (maximum wall sign area for a business with 106 sq. ft. of wall area would be 15.9 sq. ft. which is about the same as the 50% of 32 sq. ft. allowed under (a). I suppose there may be some multi-tenant building with narrow store fronts, but I’m struggling to think of anything I have ever seen at or below 10’ width. The numbers get even sillier the smaller the building’s windows are (i.e. 20 sq. ft. of windows would need to be below 66 sq. ft. wall area to take advantage of the provision). I had initially thought that maybe the intent was to exempt smaller windows from (a), but that doesn’t align with our goal of façade transparency. Any insight would be appreciated. We can leave this as is or remove (c). d. Signage visible through windows shall not move, blink, flash, scroll, have any but constant illumination, when illuminated, nor be excessively bright. (15) Awning signs are permitted subject to the following standards: a. Shall not cover more than 50% of the total awning area in which they are located. b. In no case shall the total awning sign area exceed the permitted wall sign area defined in this article for said district. Sec, 20-1259(3) implies they would be allowed, but they are never listed as a thing permitted by permit or without. Every time someone proposes one of these we end up debating if it is allowed or not. Typically we usually tell them that it is permitted as art, if not purely advertising, or, if it is purely advertising, that it is not allowed because it is a wall sign not meeting the ½” standard. Since permits are not needed to replace an awning, we’ve had at least one case where awning signs just went up or where put up after staff indicated they would not be permitted. My preference would be to treat these like window signs, i.e. no permit and no more than 50% of awning can be signage. Note: I think the highlighted sections should be moved to Sec. 20-1257 (new section for temporary new development signage). We’ve had issues where developers exceed these standards and then neighboring developments who had asked what they are allowed express frustration that someone else has a bigger sign. I also think we would want to evaluate and verify the placement of offsite directional signage and ensure that it is actually being placed outside of the right-of-way. I think similar logic applies to the temporary construction signage. Often, we have to review the placement and size of these signs anyways (I’m thinking about The Park and the Bluffs at Lake Lucy) and a formal permit makes more sense. Since we could issue one permit for the whole development it shouldn’t be too much of a burden for developers and the cost would reflect the work Planning and Engineering need to do to verify location ($35.00 fee for temp permit). 24 (Ord. No. 231, § 1, 1-9-95; Ord. No. 252, § 1, 4-8-96; Ord. No. 377, §§ 139, 140, 5-24-04; Ord. No. 423, §§ 9, 10, 6-12-06; Ord. No. 431, § 2, 9-25-06; Ord. No. 459, § 1, 9-24-07; Ord. No. 468, § 1, 8-11-08; Ord. No. 507, §§ 4, 5, 6-28-10; Ord. No. 510, § 1, 9-13-10; Ord. No. 632, § 18, 6-11-18) Sec. 20-1256. - Permit for temporary advertising signs, searchlights, banners, etc. Temporary signs are permitted as follows: (1) Banners attached to the principal structure shall not exceed 140 square feet. (2) Detached banners shall not exceed 32 square feet and six ten feet in height. Would we want to allow increase this to allow some feather signs? They are very popular and are continually erected as signs allowed without permit for hiring and leasing. Ten feet would be consistent with the height limit for leasing/rental/hiring signs… though many feather signs end up in the 12-18’ height range. Would we want to accommodate this? (3) Portable signs shall not exceed 32 square feet and six ten feet in height. 10’ to be consistent with other 32 sq. ft. detached signage allowed by ordinance in other sections. (4) All temporary signage shall meet the following standards: a. A 30-day display period to coincide with the grand opening of a business or a new development (business park or shopping center which shall be in addition to subsection (4)b.). b. A business may display an attached or detached banner or portable sign on up to four occasions per calendar year, with a maximum ten-day display period for each occasion. c. Messages must relate to on-premises products or services, or any noncommercial message. d. Attached banners, detached banners and portable signs must be located on the property which is owned or leased by the business which the sign is advertising. Nonprofit and governmental event banners are excluded from this provision. e. Portable signs and detached banners shall not be located in the public right-of-way. f. Portable signs and detached banners are limited to the driveway entrance area. g. No more than one portable sign or detached banner shall be permitted per entrance at any given time. (5) Inflatable advertising devices are permitted according to the following: a. For each site or center, two occasions per calendar year with each occasion not to exceed seven days. b. Written authorization from the property owner or their designee must be submitted with the sign permit application. 25 c. Sign permit issued by city. d. Maximum height of the inflatable shall be 25 feet. (6) Flashing or blinking portable signs, stingers, and pennants are not permitted. (7) Large flags flown in high winds may cause a noise nuisance and are subject to removal upon complaint from residents or businesses. (8) The use of searchlights shall be limited to three occasions per year with each occasion not to exceed two days. The use of searchlights shall be controlled in such a way so as not to become a nuisance. Searchlights may not be illuminated between the hours of 12:00 midnight and 6:00 a.m. (Ord. No. 231, § 1, 1-9-95; Ord. No. 468, § 2, 8-11-08; Ord. No. 485, § 1, 10-12-09; Ord. No. 545, § 1, 6-25-12) Sec. 20-1257. - Reserved. Permit for temporary new development signs Temporary signs for new developments are permitted as follows: 1)Temporary development project advertising signs erected for the purpose of selling or promoting any nonresidential project, or any residential project of ten or more dwelling units, located in the City of Chanhassen, shall be permitted subject to the following regulations: Not sure the 10-unit requirement makes sense, we’d allow a BN project with 15,000 sq. ft. potentially located adjacent to a residential neighborhood to have a 64 sq. ft. 15’ high sign, but a 3 acre (9 unit) RSF project would not be allowed any signage; however, a 1.25 acre (10 unit) R-8 project next to the RSF could also have this signage, etc. The 100’ distance and other provisions should keep this from being used in lot split situations or, if we are concerned about the use in small subdivisions, we could do a 3 unit minimum or alternatively a 5 unit minimum to make sure it is associated with a new public street. Also, is there a reason we allow these to be 64 sq. ft. and 15’ high? Most other detached temporary signage is limited to 32 sq. ft. and 10’ in height. Would it make sense to only allow the 64 sq. ft. and 15’ in height for combined? a. Not more than one nonilluminated sign per street frontage, provided that the total number of signs do not exceed two per project. b. Such signs shall only be located along streets that provide primary access to the project site. c. Such sign shall be setback at least ten feet from any property line for signs ten feet in height or less, plus one additional foot for each additional foot of sign height. Signs shall be firmly anchored to the ground. d. No such sign shall be located closer than 100 feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. e. Such signs shall not be located closer than 100 feet from any other sign located on the same side of the street. 26 f. Sign display area shall not exceed 64 square feet, and the height of such signs shall not exceed 15 feet. g. Such signs shall be removed when the project being advertised is sold or leased, or after three years. The planning director may permit a sign for longer than three years if the project being advertised is not sold or leased. h. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet 2. Off-premises directional signs which show direction to new residential developments in accordance with the following. The intent of this subsection is to allow short-term signage, for residential development, to familiarize the public with the new development. My understanding is we can’t favor residential development over commercial/industrial development. Our intent statement could easily apply to both types, i.e. the public will want to know about new industrial park/regional mall just as much as new single-family neighborhood or standalone apartment building. a. Such sign shall only be permitted along major arterials and collectors as identified in the comprehensive plan. b. Only one sign per corner of an intersection per development shall be permitted. There shall not be more than four signs per intersection. Signs shall not be located in any site distance triangle, measured 30 feet from the point of intersection of the property line. c. Sign display area shall not exceed 32 square feet and the height of such signs shall not exceed ten feet. d. Such sign shall not be located closer than ten feet from any street right-of-way line, and shall be firmly anchored to the ground. e. Written permission must be obtained from the property owner upon whose land the proposed sign is to be located. f. Such sign shall be nonilluminated and kept in good condition. g. Such sign shall be removed 12 months after the sign has been erected. A sign shall be permitted for each phase of a development. h. Signs for home promotions (Parade of Homes, Spring Preview, etc.) shall be limited to four square feet and shall be permitted only for the duration of the event. If we allow 4 sq. ft. signs for one type of event, but not others we have issues with Reed. They can put these up in residential under the proposed everyone gets 16 sq. ft. rule without a permit. In terms of along the road etc… folks already put these in the ROW which is prohibited but not proactively enforced, so there would be no practical difference. (3) Nonilluminated construction signs confined to the site of the construction, alteration or repair. 27 a. Such a sign must be removed within one year from the date of issuance of the first building permit on the site, and may be extended until the project is completed. b. One sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed 50 square feet in sign area, and residential construction signs may not exceed 24 square feet in sign area. c. Such signs may not exceed 64 square feet in display area. d. Such sign shall be setback at least ten feet from any property line for signs ten feet in height or less, plus one additional foot for each additional foot of sign height. Signs shall be firmly anchored to the ground. e. No such sign shall be located closer than 100 feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. f. Such signs shall not be located closer than 100 feet from any other sign located on the same side of the street. g. Sign display area shall not exceed 64 square feet, and the height of such signs shall not exceed 15 feet. h.Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. Pulled the language over from temporary project development advertising sign. We don’t have a compelling reason to favor one type of sign over the other, especially as we allow/require them to be combined. Also, is there a reason we allow these to be 64 sq. ft. and 15’ high? Most other detached temporary signage is limited to 32 sq. ft. and 10’ in height. Would it make sense to only allow the 64 sq. ft. and 15’ in height for combined? Sec. 20-1258. - Legal action. If the city planning director or an administrative officer finds that any sign regulated by this division article is prohibited as to size, location, content, type, number, height or method of construction; or erected without a permit first being granted to the installer of the sign to the owner of the property upon which the sign has been erected or is improperly maintained, or is in violation of any other provision of this chapter, he they shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within ten calendar days following receipt of said notice: (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. (Ord. No. 231, § 1, 1-9-95) There are two divisions within the sign ord. as written this would only apply to division 1, but not division 2 which contains permanent sign standards. 28 Sec. 20-1259. - Prohibited signs. The following signs are prohibited: (1) Advertising or business signs on or attached to equipment, such as semitruck trailers, where signing is a principal use of the equipment on either a temporary or permanent basis. (2) Motion signs and flashing signs, except barber poles, which may be permitted by conditional use permits (see sections 20-231 through 20-237). I like barber poles; however, I don’t think we actually want to go through a CUP process for a barber shop pole, nor do I think we would want to try to defend why one type of business is allowed moving signs but no one else is. (3) Projecting signs, not including awning or canopies as defined in this chapter. I feel like these are acceptable in walkable districts so long as there are appropriate design standards. (4) Roof signs, except that a business sign may be placed on the roof, facia or marquee of a building provided it does not extend above the highest elevation of the building, excluding chimneys, and provided: a. Roof signs shall be thoroughly secured and anchored to the frames of the building over which they are constructed and erected. b. No portion of roof signs shall extend beyond the periphery of the roof. (5) Wall graphics and design treatments depicting corporate logos and company symbols. (6) Temporary signs or banners except as permitted in sections 20-1255,20-1256 and 20- 1257. Temporary signs are allowed without a permit by sec. 20-1255 through 1257. (7) Signs which are placed or tacked on trees, fences, utility poles or in the public right- of-way. (8) Bench signs are prohibited except at designated transit stops as authorized by the local transit authority. (9) Billboards. (Ord. No. 231, § 1, 1-9-95; Ord. No. 424, § 1, 7-24-06; Ord. No. 431, § 3, 9-25-06; Ord. No. 482, § 1, 8-10-09) Sec. 20-1260. - Nonconforming signs. (a) When the principal use of land is legally nonconforming under this chapter, all existing or proposed signs in conjunction with that land, shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. 29 (b) Excluding normal maintenance, face changes and repair, a nonconforming sign shall not be moved, altered, enlarged or reconstructed unless it is brought into compliance with the sign regulations. (Ord. No. 231, § 1, 1-9-95) Secs. 20-1261—20-1264. - Reserved. Sec. 20-1265. - General location restrictions. (a) No sign or sign structure shall be closer than ten feet to any lot line. Signs shall not be located in the sight distance triangle of any private driveway or access. Signs shall not be located in any sight distance triangle of a public intersection. (b) Signs on nonresidential property which are immediately adjacent to residential uses or districts shall be positioned so that the copy is not visible along adjoining side and rear yard property lines. (c) No sign, other than governmental signs, shall be erected or placed upon any public street, right-of-way, or project over public property unless approved by the city and contingent upon an approved encroachment agreement. Temporary signs may not be erected or placed in a public easement unless approved by the city. No sign shall be placed within any drainage or utility easement without an approved encroachment agreement. Another reason to require a permit for the temp development signs. We are unlikely to catch this if they don’t need to apply for a permit. (d) Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "Stop", "Caution", "Warning", unless the sign, is intended to direct traffic on the premises. (e) No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences or trees, nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof. (f) No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. (g) Window signs shall not cover more than 50 percent of the total window area in which they are located. The area of a window sign shall be interpreted as the total window area for that face of the building. In no case shall the total window sign area exceed the permitted wall sign area defined in this chapter for said district. Buildings with less than 32 square feet of window area are exempt from this provision. Signage visible through windows shall not blink, flash, scroll or have any but constant illumination, when illuminated, nor be excessively bright. Question, has the highlighted text been interpreted to exempt window signage for buildings with less than 32 square feet of window area from the preceding sentence or from all of Section 20-1265(g) (see earlier discussion of the impact of the size limit exemption)? Also, since 30 Window signs are deemed to be permitted without a permit would we want to just move this subsection to Section 20-1255? (Ord. No. 231, § 1, 1-9-95; Ord. No. 431, § 5, 9-25-06; Ord. No. 451, § 11, 5-29-07) Sec. 20-1266. - Maintenance and repair. Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, replaced or removed by the licensee, owner or agent of the building upon which the sign stands immediately upon notification by the city. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within 30 calendared days following receipt of written notice: (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. All signs shall be subject to inspection by the building official, or any other official of the city who may be appointed by him, to ascertain if the provisions of this chapter are being met. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1267. - Uniformity of construction, design, etc. (a)All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi-tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development shall be presented concurrently for staff review. All planned centers and multi-tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council. I’ve always struggled with the enforceability/practicality of uniform signage as a standard and also with what it means. I feel like it ends up being either an unenforceable arbitrary aesthetic criteria or a general standard range of characteristics. When it is the later, I feel our general standards herein are adequate and that in PUD/multi-tenant situations it makes sense to make them show the comprehensive sign plan for size, sign band, etc. and/or to establish unique standards like size, higher letter depth etc. for the building/development. I believe we should either define what “uniform signage” means in this context or delete the language and let the comprehensive sign plans dictate the acceptable range of variation. I can’t see us ever denying a permit because we feel that a sign meeting the criteria of the code and sign plan isn’t “uniform” when looking at another tenant’s sign that also meets the criteria of the code and sign plan. As tenants and signage trends change, this flexibility is increasingly important and requiring uniform signage becomes increasingly impractical. (1)All permanent wall signage shall use dimensioned elements individual dimension letters, at least one-half inch deep. These dimensioned elements, be they letters or logos, shall comprise at a minimum 50 percent of the sign’s surface area. Neither the depth of the sign cabinet nor depth of the sign panel shall count toward this 31 requirement. Individual dimensioned features, such as channel letters and symbols, are considered to count towards this requirement. Company symbols, display messages (not greater than six inches tall), pictorial presentations, illustrations, or decorations (anything other than wording) and less than 20 percent of the total sign display area are exempt from the individual dimension letter requirement. Sec. 20-1267(1) and (3) do not seem to align very well. One allows graphics and other various elements less than 20% of the sign display to be exempt from the ½” requirement, but the other allows logos (arguably the same as company symbols?) to go up to 30%. Also, could a user combine these categories arguing that a trademarked logo was the logo for 30% and some surrounding graphics were “pictorial presentations” separate from the logo and entitled to exemption as well for a sign that was 50% flat graphics? Additionally, since many logos blend wording and graphics this is a very tricky item to regulate, especially since we’ve established that it is okay to have a sign that is 100% logo be 100% flat. The proposed language would not allow a flat cabinet sign that is entirely a logo which I believe has been permitted in the past (Starbucks?), and I am unsure if that is something we want to allow or not. I lean towards not, but don’t have a strong feeling. I added permanent because otherwise it could be argued to apply to temp banners (clearly not the intent). (2) Wall signs shall be either illuminated or non-illuminated and shall meet the following criteria: a. Backlit or exposed lighting shall be architecturally compatible with the building and other signage if in a multi-tenant building. I’m very concerned that the ordinance implies that a business’s signage that otherwise meets code can be denied because of another company’s signage that also meets code (see earlier note). b. If a neon sign is illuminated by exposed neon or LED, the luminous shall not to exceed 5,000 Nits between the hours of civil sunrise and civil sunset and not to exceed 500 Nits between the hours of civil sunset and civil sunrise. Seems odd to note neon then mention both neon and LED. c. If a sign is non-illuminated, downcast decorative lighting compatible with the building architecture may be used. (3) Company logos shall not occupy more than 30 percent of the sign display area and are exempt from the individual dimension letter requirement. Merged into (1). (b) All permanent monument or pylon signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi- tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development shall be presented concurrently for staff review. All planned centers and multi-tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council. (1) All center, development name or an individual tenant building signage on a monument or pylon sign shall use individual dimension letters, at least one-half inch deep. 32 (2) Registered trademarks, company symbols, display messages (less than six inches tall), pictorial presentations, illustrations, or decorations (anything other than wording) and less than 20 percent of the total sign display area are exempt from the individual dimension letter requirement. All permanent monument or pylon signs shall use dimensioned elements individual dimension letters, at least one-half inch deep. These dimensioned elements, be they letters or logos, shall comprise at a minimum 50 percent of the sign’s surface area. Neither the depth of the sign cabinet nor depth of the sign panel shall count toward this requirement. Individual dimensioned letters, such as channel letters, are considered to count towards this requirement. See wall sign note/rational. (3) In multi-tenant buildings, tenant panels may be used and shall be exempt from the individual dimension letter requirement. (4) Company logos shall not occupy more than 30 percent of the sign display area and are exempt from the individual dimension letter requirement. Merged into (2) (4) Permanent monument or pylon signs shall be either illuminated or non- illuminated and shall meet the following criteria: a. Backlit or exposed lighting shall be architecturally compatible with the building. b. If a sign is illuminated by exposed neon or LED, the luminous shall not to exceed 5,000 Nits between the hours of civil sunrise and civil sunset and not to exceed 500 Nits between the hours of civil sunset and civil sunrise. c. If a sign is non-illuminated, downcast decorative lighting compatible with the building architecture may be used. Added same light requirements/limits as wall signs have. (Ord. No. 231, § 1, 1-9-95; Ord. No. 423, § 11, 6-12-06; Ord. No. 468, § 3, 8-11-08; Ord. No. 485, § 2, 10-12-09; Ord. No. 507, § 6, 6-28-10; Ord. No. 544, § 1, 6-25-12) Sec. 20-1268. - Noncommercial speech. Signs containing noncommercial speech are permitted anywhere that signs are permitted, subject to the same size, location, and design regulations applicable to such signs. Added location and design, I wouldn’t want someone to argue that by foregoing commercial speech they could place a sign 1” from a lot line or erect a freestanding sign with an exposed pole when such a location and design would not otherwise be allowed. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1269. - Reserved. Sec. 20-1270. - Compliance with Minnesota State Building Code. 33 The design and construction standards as set forth in Appendix H of the International Building Code, as may be amended, are adopted. (Ord. No. 231, § 1, 1-9-95; Ord. No. 377, § 141, 5-24-04; Ord. No. 639, § 9, 3-11-19) Editor's note—Formerly § 20-1270 was entitled "Uniform Sign Code," which was amended by Ord. No. 639. Secs. 20-1271—20-1274. - Reserved. Sec. 20-1275. - Construction standards. (a) A freestanding sign or sign structure shall be constructed so that if the faces are not back to back, then they shall not have an angle separating the faces exceeding 45 degrees, unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. 45 Degree Maximum Angle (b) All on-premises freestanding signs must have structural supports covered or concealed with pole covers. The actual structural supports should not be exposed, and the covers should be architecturally and aesthetically designed to match the building. Pole covers shall be a minimum height of eight feet. The exposed uprights, superstructure and/or backside of all signs shall be painted a neutral color such as light blue, gray, brown or white, unless it can be illustrated that such part of the sign designed or painted in another manner is integral to the overall design of the sign. 34 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Shopping Center (c) The installation of electrical signs shall be subject to the National Electrical Code, as adopted and amended by the city. Electrical service to such sign shall be underground. (d) No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the building official. Any canopy or awning sign shall have a minimum of an eight-foot clearance. (e) Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver. No such signs shall interfere with or obscure an official traffic sign or signal; this includes indoor signs which are visible from public streets. Illumination for a sign or groups of signs shall not exceed one-half foot candle in brightness as measured at the property line. (f) Projecting signs, where allowed, may extend a maximum of four feet from the building onto which they are attached. Such signs must be located at least 10 feet above ground level and be setback at least 2 feet from the curb. I glanced at various cities’ ordinances and the 10’ from ground seemed to be standard. There was less consensus on maximum projection and curb setback. I picked two numbers that made sense to me from St. Paul’s ordinance, but I’d welcome other better informed/researched limits. Sec. 20-1276. - Electronic message center signs. Electronic message center (EMC) signs and time and temperature signs shall comply with the following standards: 35 (1) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. (2) Electronic and nonelectronic message center space used on a sign shall not exceed the following display area: Sign display area EMC Display 0—24 sq. ft. 50% 25—64 sq. ft. 45% 65—80 sq. ft. 40% 81-120 sq. ft.35% See note on OI government/public signs. (3) Electronic message center displays shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. (4) Electronic message center signs shall not cause direct glare, nor become a distraction due to excessive brightness. (5) The lamp wattage and luminance level in candelas per square meter (Nits) shall be provided at the time of permit applications. (6) There shall be no electronic message center signs in the front setback area within 50 feet of a street intersection (as measured from intersecting right-of-way lines) except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. (7) There shall be no electronic message center signs within 125 feet of a residential district. (8) Flashing, special effects or animated scenes on electronic message center signs shall be prohibited. (9) Electronic message center signs shall not be located in agricultural or residential zoning districts. (10) Electronic message center sign display use for signs within 500 feet of single-family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. (11) Electronic message center sign displays may only be mounted on ground low profile or pylon signs. I believe this was our intention and that we don’t want wall mounted EMC signs. 36 (Ord. No. 482, § 2, 8-10-09) Secs. 20-1277—20-1300. - Reserved. DIVISION 2. - SIGNS ALLOWED IN SPECIFIC DISTRICTS BY PERMIT Sec. 20-1301. - Agricultural and residential districts. The following signs are allowed by permit in the A-2, RR, RSF, R-4, RLM, R-8, R-12, R- 16, and residential PUD districts: (1) Public and institutional signs.One ground low profile or wall sign, not exceeding 24 square feet of sign display area, shall be permitted on the premises of any public or institutional property giving the name of the facility and nature of the use and occupancy. Such sign shall be located at least ten feet from any property line, and shall not exceed five feet in height. (2) Area identification/entrance signs.Only one Monument sign(s)may only be erected at the entrance(s). Total sign area shall not exceed 24 square feet of sign display area, nor may a sign be more than five feet high. More than one sign per entrance may be erected, provided that the total sign area does not exceed 24 square feet. Any such sign or monument shall be designed with low-maintenance, high quality materials. The adjacent property owner or a homeowners association shall be responsible for maintenance of the identification/entrance sign and surrounding grounds and landscaped areas. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operation, shall be located at least ten feet from any property line, and shall be securely anchored to the ground. Since we allow multiple monument signs at a single entrance in the third sentence, it is unclear why we start off saying “only one”. I think it will be clearer if we start out saying that signs must be at entrances and that they can split the square footage between signs. Added the 10’ setback that we apply to all signs in other areas of the code. (3)Nonresidential uses.Only one monument sign may be permitted on the site. The total sign area shall not exceed 24 square feet of sign display area, nor be more than five feet in height. Such signs shall be located at least ten feet from any property line. Added 10’ setback for clarity. (Ord. No. 231, § 1, 1-9-95; Ord. No. 252, § 2, 4-8-96; Ord. No. 314, § 1, 3-26-01; Ord. No. 377, § 142, 5-24-04) Sec. 20-1302. - Neighborhood business, fringe business and office and institutional districts. The following signs shall be allowed by permit in any OI, BF or BN districts: (1) Ground low profile business signs.One ground low profile business or institutional sign not exceeding 24 square feet of sign display area shall be permitted. Such sign shall 37 be located at least ten feet from any property line and shall not exceed five feet in height. (2) Wall business signs. a. One Wall business signs shall be permitted on the street frontage for each business occupant within a building. In buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. As long as they are under the total display area, are we concerned if they break the logo and name into separate signs (say have logo at the corner and name over the door on the same elevation)? Provision 3 already prevents them from using wall signs for product advertising. b. The sign may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or street. The first part of this is covered by c and d c. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage of Wall Area Wall Area in Square Feet 15%0—600 13%601—1,200 11%1,201—1,800 9% 1,801—2,400 7% 2,401—3,200 5% 3,201—4,500 3% not to exceed 275 square feet 4,500+ 38 (3d) Wall signs shall not include product advertising. Wall signs shall only include tenant identification, tenant logo or registered trademark, center name, or any combination of the three.Wall signs may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. I think this is a formatting error and should be “d” under wall sign standards. More importantly, this is significantly more restrictive that what is allowed in other commercial districts. I think the intended neighborhood scale is our justification for this, but we may want to discuss if forbidding “display messages, pictorial presentations, illustrations, or decorations” is needed. My preference is being more hands off so long as they stay under their size limit and I’ve mirrored the other commercial language in my draft. (3) Public/community signs on property owned or leased by a governmental unit and operated by a governmental unit. Should we add an intent statement clarifying why these users are singled out for special treatment… i.e. why can a public school have this type of sign, but not Chapel Hill? a. One monument sign shall be permitted per site for each street frontage. Such sign shall not exceed 120 square feet in display area nor be greater than eight feet in height. b. Electronic message center signs may be permitted as part of the sign display area. Such sign does not require a conditional use permit. No EMC requires a CUP anymore. c. Electronic message center signs shall comply with the following standards in section 20-1276: Why do these EMCs get their own standards letting them have a bigger size without any ratio requirement? Should we instead refer to general standards and treat them like the others? We could add another column to the table allowing up to 35% for signs 81-120 (28-42 sq. ft.) 1. Electronic message center space used on a sign shall not exceed a total of 40 square feet. 2. No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. 3. Electronic message center displays shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. 4. Electronic message center signs shall not cause direct glare, nor become a distraction due to excessive brightness. 39 5. The lamp wattage and luminance level in candles per square meter (Nits) shall be provided at the time of permit application. 6. There shall be no electronic message center signs within 50 feet of a street intersection (as measured from intersecting right-of-way lines) or within 125 feet of a residential district, except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. 7. Flashing, special effects or animated scenes on electronic message center shall be prohibited. 8. Electronic message center sign display use for signs within 500 feet of single- family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. (4) Motor fuel price signs are permitted on the premises of any automobile service station or convenience store selling fuel, only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four square feet in sign display area. When such signs are made an integral part of a freestanding business sign, the sign display area devoted to the price component shall not exceed 30 percent of the total sign display area of the sign. Moved from no permit to permit, see earlier note. (5) Pickup signs;big box retailers and grocery stores are allowed one sign to designate an area of the parking lot for pickup/driveup loading of goods purchased in advance subject to the following conditions: a. The pickup sign must be located within the parking lot and the placement of pickup sign shall be so located such that the sign does not adversely affect adjacent properties or navigability of the parking lot (including sight lines, confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. b. No more than one pickup sign shall be allowed per business c. The pickup sign may not exceed 13 feet in height. d. The pickup sign's base shall be not more than two feet wide on a side, and no portion of the sign may project beyond the base. e. The pickup sign is limited to four square feet of display area per sign face, and no more than 30 percent of the display area shall be used for the business logo or identification. f. Businesses with a drive-through facility may not also have a pickup sign. Moved from no permit to permit, see earlier note. (Ord. No. 231, § 1, 1-9-95; Ord. No. 377, § 143, 5-24-04; Ord. No. 409, § 7, 1-9-06; Ord. No. 409, § 7, 1-9-06; Ord. No. 468, §§ 4, 5, 8-11-08; Ord. No. 482, § 3, 8-10-09) 40 Sec. 20-1303. - Highway, general business districts and central business districts. The following signs shall be allowed by permit in any "BH", "BG" or "CBD" District: The following table lists the standards for freestanding and ground low profile signs in the BH, BG or CBD zone. Principal Structure Pylon Ground Low Profile Height (feet) Sign Size (square feet) Height (feet) Sign Size (square feet) 50,000 sq. ft. or greater 20 80 10 80 Less than 50,000 sq. ft. 16 64 8 64 (1)Pylon business sign.Pylon signs are permitted on parcels that abut state highway corridors only. One pylon identification sign shall be permitted per parcel. This sign may identify the name of the center or the major tenants. The height and square footage of the sign shall be based on the square footage of the principal structure as shown in the table. Such signs shall be located at least ten feet from any property line. Is this how this has been interpreted? We would not allow each business in a multi- tenant development to have their own pylon sign, but I know if at least one development with multiple pylon signs and some standalone businesses that have their own? I know we have always tried to limit the proliferation of theses. (2) Ground low profile business signs.One ground low profile business sign shall be permitted per each outlot or separate building pad that has street frontage. The height and square footage of the sign shall be based on the table above. Such signs shall be located at least 300 feet from any other pylon or ground sign on the parcel and at least ten feet from any property line. (3) Wall business signs. a. Wall business signs shall be permitted on the street frontage for each business occupant within a building. In buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. b. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or street. c. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: 41 Maximum Percentage of Wall Area Wall Area in Square Feet 15%0—600 13%601—1,200 11%1,201—1,800 9% 1,801—2,400 7% 2,401—3,200 5% 3,201—4,500 3% not to exceed 275 square feet 4,500+ I replaced the a-c preexisting with language from 20-1302(2). None of the standards were substantially different and it increases readability to have the same structure and language between subsections. (d) Wall signs shall not include product advertising. Wall signs may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. Essentially what was lumped in under b, just broken out to match other sections formatting, added no product advertising clause. (4)Restaurant drive-through signs Menu board. a.One menu board sign and one preorder board per restaurant drive-through aisle is are permitted with a drive-through facility. b. The display area of such signs menu boards shall not exceed 45 square feet in size, nor shall the top of the display area be greater than eight feet in height. c. The display area of preorder boards shall not exceed 12 square feet in size, nor shall the top the display area be greater than eight feet in height. d.Such signs are is permitted in addition to any other sign permitted in the zoning district. We’ve been having issues with every restaurant wanting pre-order boards. We had a few with non-conforming configurations who added them, and then we had another start 42 installing without a permit and we let them continue because they pointed out two other restaurants that had recently added them. This means we are now in a “but X, Y, and Z” have them and just installed them 2-3 years ago, why can’t I have them territory when we try to enforce the only menu boards provision. These tend to be smaller features (I checked the permits I remembered and none of them were over 8 sq. ft. of display area so 12 sq. ft. shouldn’t cause issues as a limit). We also had issue with awning/rain shields attached to the sign exceeding the 8’ limit. Again, it was pointed out that other restaurants had a slightly different configuration and had been allowed to go 10-12’ high to achieve vehicle clearance. As long as these elements aren’t branded, I don’t know that we have a compelling reason to limit them to 8’ or require specific configurations to sidestep a height limit. (5)Motor fuel price signs are permitted on the premises of any automobile service station or convenience store selling fuel, only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four square feet in sign display area. When such signs are made an integral part of a freestanding business sign, the sign display area devoted to the price component shall not exceed 30 percent of the total sign display area of the sign. Moved from no permit to permit, see earlier note. (6) Pickup signs;big box retailers and grocery stores are allowed one sign to designate an area of the parking lot for pickup/driveup loading of goods purchased in advance subject to the following conditions: a. The pickup sign must be located within the parking lot and the placement of pickup sign shall be so located such that the sign does not adversely affect adjacent properties or navigability of the parking lot (including sight lines, confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. b. No more than one pickup sign shall be allowed per business c. The pickup sign may not exceed 13 feet in height. d. The pickup sign's base shall be not more than two feet wide on a side, and no portion of the sign may project beyond the base. e. The pickup sign is limited to four square feet of display area per sign face, and no more than 30 percent of the display area shall be used for the business logo or identification. f. Businesses with a drive-through facility may not also have a pickup sign. Moved from no permit to permit, see earlier note. (7) Projecting signs are permitted within the Central Business District, subject to the conditions of subsection 20-1275(f). CBD is most walkable and probably the best fit for this type of signage. 43 (Ord. No. 314, § 2, 3-26-01; Ord. No. 377, §§ 144, 145, 5-24-04; Ord. No. 409, § 8, 1-9-06; Ord. No. 468, § 4, 8-11-08; Ord. No. 628, § 49, 12-11-17) Sec. 20-1304. - Industrial office park signs. The following signs shall be allowed by permit in any IOP district: (1) Pylon business signs.Pylon signs are permitted on parcels that abut state highway corridors only. One pylon or one ground low profile industrial office park identification sign shall be permitted. A pylon sign shall not exceed 80 square feet on a state highway in sign area and shall not exceed 20 feet in height. Such sign shall be located at least ten feet from any property line. (2) Ground low profile business signs.One ground low profile business sign shall be permitted per site for each street frontage. Such sign shall not exceed 64 square feet, except on a state highway, in display area nor be greater than eight feet in height. Such sign shall be located at least ten feet from any property line. A ground low profile on a state highway may not exceed 80 square feet and eight feet in height. Such sign shall be located at least ten feet from any property line. (3) Wall business signs. a. Wall business signs shall be permitted on the street frontage for each business occupant within a building. In buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. b. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or street. c. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage of Wall Area Wall Area in Square Feet 15%0—600 13%601—1,200 11%1,201—1,800 9% 1,801—2,400 7% 2,401—3,200 44 5% 3,201—4,500 3% not to exceed 275 square feet 4,500+ (d) Wall signs shall not include product advertising. Wall signs may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. I replaced the a-d preexisting with language from 20-1302(3). None of the standards were substantially different and it increases readability to have the same structure and language between subsections.Added no product advertising clause. (Ord. No. 231, § 1, 1-9-95; Ord. No. 314, § 3, 3-26-01; Ord. No. 377, §§ 146, 147, 5-24-04; Ord. No. 409, § 9, 1-9-06; Ord. No. 452, § 4, 7-9-07; Ord. No. 459, § 2, 9-24-07; Ord. No. 468, § 4, 8- 11-08) Secs. 20-1305—20-1350. - Reserved. 45 During the 12-6-22 Planning Commission Meeting the Planning Commission provided the following feedback about the proposed sign ordinance: 1) Residential Signage: a. Preference for global sign limit of 12 or 16 sq. ft., rather than limit on number signs. b. Consensus that 10’ setback is excessive. c. Concern that holiday displays be exempted (i.e. snowman holding sign saying “Joy” shouldn’t be counted as signage) 2) Prescriptive Standards: a. Maintain existing limits on number of facades with signage. b. Remove one sign limit and regulate by allowed wall sign area. c. Like the shift to 50% dimensioned standard. d. ½” is important. And want to apply to ½” projecting signs. e. Would like wall signs to pull from same wall area pool as wall signs. f. Concern over maintenance of painted signs. 3) Permitting Threshold: a. Feel that permitting requirement makes sense for development signs, pick up signs, and directional signs. 4) Level of Decision Making: a. Sign variances should be treated as other variances. b. Deviations from directional signage limits should be seen as variances. c. Off-premise should be seen as variance when not part of site plan. 5) Feather signs a. Should continue to prohibit, as allowing would lead to proliferation. 6) Misc. a. Concern that our temporary signage policy/ordinance meets Reeds (staff to review and confirm with attorney). 46 Economic Development Commission Item December 14, 2022 Subject Business Retention and Expansion (BR&E) Program Implementation Section DISCUSSION / GENERAL BUSINESS ITEMS Item No: E.2 Prepared By Sam DiMaggio, Economic Development Manager File No: SUMMARY Business Retention and Expansion (BR&E) Program Implementation BACKGROUND In Economic Development, Business Retention and Expansion is a program designed to strengthen the connection between companies and the community while encouraging each business to continue to grow in the community. Through direct interactions, events, and research, the program seeks to gain insight into business practices, planned future actions, as well as the challenges of targeted companies. Then, to turn this “business intelligence” into value-added services, programs, and/or products that address individual and shared company opportunities and problems. DISCUSSION Staff would like to implement a BR&E Program within the City of Chanhassen. A potential survey is attached for review and discussion. The EDC is asked to review the survey and recommend any additional questions or potential modifications. RECOMMENDATION The Economic Development Commission should recommend any potential changes to the BR&E Survey and once complete, staff will begin local implementation. ATTACHMENTS 2022 Survey 47 1 Thank you for participating in the Business Retention and Expansion survey. We appreciate your willingness to share your story with us! Your responses will be kept completely confidential and none of your individual information will be disclosed. Contact information will be used only if follow-up questions are necessary and to provide general demographic information for all those completing the survey. About You  Name: ____________________________________________ Phone: ___________________________  Address: ____________________________________________________________________________  Email: __________________________________ Website: ____________________________________  Sex: ☐ Male ☐ Female  Marital Status: ☐ Single ☐ Married  Do you have children? ☐ Yes ☐ No If yes, how many? _________________________________  Highest level of education completed: ☐ Eighth Grade ☐ High School/GED ☐ College ☐ Graduate School  How many total years of personal business experience do you have? ____________________________  Are/were either of your parents involved in owning and operating a business? ☐ Yes ☐ No If yes, which parent and briefly describe the business activity. _________________________________ About the Business:  Name of business? ____________________________________________________________________  What year was the business started? ___________ Has the ownership changed? ☐ Yes ☐ No  Which best describes how you came to own/operate this business? ☐ Started the business ☐ Purchased the business ☐ Inherited the business ☐ I am not an owner of this business, my role is: ______________________________________ 48 2  If you are an owner, what percentage of the business do you own? _____________________________  How is this business organized: ☐ Sole Proprietorship ☐ Subchapter S Corporation ☐ Partnership ☐ Corporation  Are any direct family members investors in the business? ☐ Yes ☐ No If yes, how many? _________________________  Does the business have a succession plan in place? ☐ Yes ☐ No  What type of facility do you operate (select all that apply)? ☐ Branch ☐ Distribution ☐ Franchise ☐Headquarters ☐ R&D ☐ Manufacturing ☐ Home Based ☐ Sales Office  Is this facility owned or leased? ☐ Owned ☐ Leased  What best describes your primary business activity? ☐ Service ☐ Construction ☐ Retail (including restaurants) ☐ Transportation ☐ Finance/Insurance/Real Estate ☐ Manufacturing ☐ Business and professional services ☐ Wholesale/Distribution ☐ Other, please specify: _______________________________________________________________  Please list the businesses primary NAICS Code(s)? ___________________________________________  What is the company’s major products or services? __________________________________________  Has the company introduced new products to the market? ☐ Yes ☐ No If yes, what is the new product(s)? _______________________________________________________  How many years of experience in this specific business activity do you have? _____________________  In an average week, how many hours do you devote to this business? ___________________________  Over the past year, have company sales (select one): ☐ Increased ☐ Decreased ☐ Been relatively stable ☐ Fluctuated widely ☐ Not identified  What has contributed to the increase or decrease in sales? ____________________________________ ____________________________________________________________________________________  Where is the company’s primary sales market? ☐ International ☐ United States ☐ Midwest (including MN) ☐ Minnesota ☐ Local 49 3 Your Employees:  How many total employees do you have? Full-time: _______________ Part-time: ________________  How many of your direct family members are employed in this business? ________________________  Has the number of employees at this facility changed in the past year (select one)? ☐ Increased ☐ Decreased ☐ Stayed the same If increased, how many new employees have been hired this past year? _________________________  Do you plan to add jobs in the next 3-5 years? ☐ Yes ☐ No If you have hired in the past year, was it hard to fill positions? ☐ Yes ☐ No  What contributed to the challenges in filling open positions (select all that apply)? ☐ Poor work ethic ☐ Lack of basic education ☐ Lack of technical skills ☐ Lack of candidates ☐ Challenging location ☐ Competition ☐ Other, please list: ___________________________________________________________________  Do you anticipate need to training existing employees? ☐ Yes ☐ No If yes, what type of training is needed? ____________________________________________________ Community  Does Chanhassen have enough housing for your current and future employees? ☐ Yes ☐ No If no, what type of housing does Chanhassen need more of? ___________________________________  What are the strengths and weaknesses of the community? ___________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________  Are there any projects or initiatives the city should consider to enhance the local business climate? ____________________________________________________________________________________ ____________________________________________________________________________________  Would you be interested in joining a peer-to-peer network? ☐ Yes ☐ No ☐ Maybe If yes, how often would you like to meet? ☐ Monthly ☐ Quarterly  Do you know of other local businesses that we should reach out to? ☐ Yes ☐ No If yes, please list them: _________________________________________________________________ 50 4 Your Future Plans for the Business: How likely is your business to do each of the following in the next two years? Please use the following scale to answer each question below: 1 = not at all likely 2 = unlikely 3 = haven’t considered this 4 = likely 5 = very likely Circle the best response. Add a new product or service 1 2 3 4 5 Sell to a new market 1 2 3 4 5 Research new markets 1 2 3 4 5 Expand distribution channels 1 2 3 4 5 Expand advertising and promotion 1 2 3 4 5 Invest in new equipment 1 2 3 4 5 Replace current equipment 1 2 3 4 5 Expand current facilities 1 2 3 4 5 Redesign current facilities 1 2 3 4 5 Seek additional financial capital 1 2 3 4 5 Computerize current operations 1 2 3 4 5 Upgrade computer systems 1 2 3 4 5 Redesign operating activities 1 2 3 4 5 Expand the scope of operating activities 1 2 3 4 5 Seek professional or technical advice 1 2 3 4 5 Add specialized employees 1 2 3 4 5 Invest in offsite training for employees 1 2 3 4 5 Thank you for your participation! 51