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Home My WebLink About04/01/2008 AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, Apnl 1,2008 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. March 18,2008 5. Public Hearings 7:00 Ordinance Amendment - Sign Code 6. New Business a. 2008 Comprehensive Plan Update - Land Use Plan Review and Discussion 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations March 24/31 Council Meeting: Mr. Yarwood April 14 Council Meeting: Mr. Desai Apnl 28 Council Meeting: Ms. Fischer May 12 Council Meeting: Mr. Hess 10. Staff Presentations a. Annual Tour Date: June 30, 2008 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, MARCH 18,2008 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 8:00 p.m. II. ROLL CALL Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Robert Martin Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Present Present Present Present Present Present Present Present Present Staff Present: Tom Ekstrand. Citv Planner Ken Roberts. Planner Jon Jarosch. Staff Enqineer III. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda as submitted. Commissioner Hess seconded The motion passed. Ayes - all IV. APPROVAL OF MINUTES a. March 4, 2008 Commissioner Trippler moved approval of the amended minutes of March 4, 2008, correcting an error by moving the agenda motion error and correctly including it with the motion for the minutes. Commissioner Desai seconded Ayes - Desai, Fischer, Hess, Martin, Pearson, Trippler, Walton, Yarwood Abstention - Boeser The motion passed. V. PUBLIC HEARING 8:05 p.m. Preliminary Plat - Heritage Square Fifth Addition (County Road D, west of Hwy. 61) City planner Tom Ekstrand presented the staff report regarding the request from K. Hovnanian Homes to redesign their Heritage Square 4th Addition housing development to incorporate a third style of town house in the project. Mr. Ekstrand said there is currently a point of disagreement with the developer regarding use of a $20,000 park dedication fee paid toward park trail corridor improvements for the existing Highline Trail and this issue will need to be resolved with the developer. Planning Commission Minutes of 03-18-08 -2- Commissioner Hess mentioned to staff that he would like to see floor and building elevation plans. Mr. Ekstrand said typically that is submitted to the community design review board only, but he would obtain a copy for the commission. Commissioner Trippler asked staff if the landscaping requirements for the 5th addition require the same number of trees as the 4th addition required. Planner Ekstrand responded that there is some concern with the headlight screening proposed, but said the difference in grade will allow for some buffering of headlights also. Mr. Ekstrand said after he revisited and inspected the site, staff has requested the developer submit a revised landscape plan to ensure there is adequate landscaping. Commissioner Desai asked if sewer and water has been installed previously and is so, if it would need to be modified. Jon Jarosch, civil engineer with the city, said the sewer and water is installed in this area and may need some minor modifications. Kevin Clark and Shawn Siders were present representing K. Hovnanian Homes. Mr. Clark addressed the commission explaining that due to the changes in the market, the applicant is requesting changes to design of this addition to make it more marketable. Mr. Clark explained that because many of the Duluth Street neighbors objected to the south trail planned for their neighborhood and also due to the steep grades in that area, they dropped the requirement for the south trail but required the easement and a $20,000 payment for improvements. Mr. Clark said he believes the developer could construct the trail, even with the steep grade. Mr. Clark proposed the developer build the remaining north trail section from the $20,000 funds paid to the city and any funds left would be used for improvements within the development's area of the trail. Mr. Clark said the proposed housing would be similar to the housing on Kennard Street in the Legacy Village development, except that these proposed building units will have individual sewer and water meters. He said the plan calls for constructing four-and five-unit buildings and one six-unit building. Mr. Clark explained the building materials planned for building construction. He noted that the community design review board recommended a minimum of four bay windows for the County Road D side of the buildings and that the developer is committed to installing these windows. Commissioner Yarwood questioned the amount of visitor parking for the development. Mr. Clark said the proposal more than meets city code for parking and further explained where these parking sites would be located. The public hearing was opened for comments. Aaron Demeny of 3018 Duluth Street said he attended the neighborhood meeting and the neighbors on the west side were asking that parking be prohibited on the west side of the driveways that would be closest to them and impact their view. Mr. Demeny said the neighbors at the meeting had concerns with the elevations but they were addressed by the developer, and also requested keeping the plantings as low as possible to maintain the horizon view. Mr. Demeny commented that cedar would look better for the fencing and requested that wood be considered for fence construction. There were no further comments from the public; the public hearing was closed. Planning Commission Minutes of 03-18-08 -3- The commission discussed issues with requiring the developer to construct trail amenities in the trail easement area. Commissioner Yarwood said he disagrees with the developer being required to install trail amenities in the north trail easement location beyond their property lines. Commissioner Pearson moved approval of the preliminary plat date-stamped February 1, 2008 for the Heritage Square 5th Addition, subject to the following conditions: 1. Staff shall negotiate with the applicant to work out the details of trail construction of the connecting north trail link and financing of the same. 2. The applicant shall comply with all requirements of the city's engineering report dated February 27, 2008. The applicant shall enter into a developer's agreement if required by the city's engineering department and shall be subject to their requirements. Commissioner Trippler seconded A friendly amendment was accepted with the following verbiage added to the end of item #1: "and to complete the trail ahead of the amenities." The commission then voted: Ayes - Boeser, Desai, Fischer, Hess, Martin, Pearson, Trippler, Walton Nay - Yarwood The motion passed. VI. NEW BUSINESS a. 2008 Comprehensive Plan Update - Land Use Plan and Goals Discussion Planner Ken Roberts presented an overview of the commission discussion from the previous planning commission meeting and he also mentioned he has received many of the completed worksheets from commissioners and the compilation will be completed when all of the worksheets are received. Mr. Roberts introduced consultants Rose Lorsung and Mike Martin of M.F.R.A. Ms. Lorsung asked the commission to consider the information presented at the earlier meeting with the natural area greenways joint commission, to also consider possible overall changes to the Comprehensive Plan, and to simplify the plan by reducing the number of land use designations since the Land Use Plan is meant to be a broad plan. Ms. Lorsung suggested that due to the late hour, this item might be scheduled before a regular commission meeting when there would be more time available for discussion. It was decided to dedicate the entire April 1 commission meeting to discussion of the Comprehensive Plan update including land use and goals discussion. Ms. Lorsung asked the commissioners who have not yet returned their goals and objectives worksheets, to complete the worksheet and return it to one of the planners. Ms. Lorsung mentioned she will present draft plan information at the next meeting. The commission discussed the urban versus rural issues of a first-ring suburb such as Maplewood pertaining to the land use and zoning designations that contribute to the diversity of the city. Staff said the comprehensive plan update meeting schedule will be forwarded to the commission. Planning Commission Minutes of 03-18-08 -4- VII. UNFINISHED BUSINESS None VIII. VISITOR PRESENTATIONS None IX. COMMISSION PRESENTATIONS . March 10 Council meeting: Commissioner Trippler reported on this meeting. . March 24 Council meeting: Commissioner Yarwood will attend. . April 7 Special Council Meeting: Volunteer not needed. . April 14 Council meeting: Commissioner Desai will attend. X. STAFF PRESENTATIONS a. Special PC Meeting planned for March 25, 2008 is cancelled. b. Annual Tour Date: June 30, 2008 c. Staff handed out information about upcoming GTS training classes. XI. ADJOURNMENT The meeting was adjourned at 10:20 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: Charles Ahl, Acting City Manager Shann Finwall, AICP, Environmental Planner On-Site Dynamic Display Sign Ordinance March 26, 2008 for the April 1 Planning Commission Meeting INTRODUCTION City staff is requesting feedback from the planning commission on the creation of an on- site dynamic display sign ordinance. Recent advances in the sign industry have introduced a variety of technologies to the outdoor advertising arena, including the use of light emitting diode (LED) signs (dynamic displays). These signs are becoming a highly sought-after means of advertising for businesses and are also becoming increasingly affordable. As such, the city will likely see more requests for these types of signs in the near future. It is important that the city review this new technology as it relates to on-premise signs, as we did for off-premise signs in 2007, to ensure there are no negative impacts to the surrounding properties and to protect the public health, safety, and welfare of the city as a whole. BACKGROUND November 27 and December 4, 2007, the community design review board (CDRB) and the planning commission recommended approval of a prohibited and dynamic display sign ordinance amendment based on a settlement agreement with Clear Channel on the installation of an LED billboard sign in Maplewood. The board and commission recommended that staff bring back information on on-site dynamic display signs for a possible ordinance amendment in the near future. December 10, 2007, the city council adopted an amendment to the prohibited sign ordinance which removed prohibited language in order to allow dynamic display signs within the city. January 28 and February 11, 2008, the city council had the first and second reading, and adopted a six-month moratorium on the installation of all dynamic display signs in the City of Maplewood until an ordinance addressing these signs was approved. The moratorium included the Maplewood Community Center display sign which was approved by the city council in October 2007 as part of a settlement agreement with Clear Channel. January 8, January 22, and March 11, 2008, the CDRB reviewed and recommended approval of an on-site dynamic display sign ordinance amendment (minutes attached). DISCUSSION Research Regarding On-Site Dynamic Display Signs League of Minnesota Cities In July 2007 the League of Minnesota Cities released an executive summary regarding the regulation of dynamic signs (Attachment 4). After review of the new technology and the federal and state laws, they determined that cities can take a number of macro-level approaches to regulations including a complete or near-complete ban on dynamic display signs; allow dynamic display signs only with restrictions such as minimum display time, allowing only a percentage of a sign to change, or text size limitations; allowing different types of dynamic displays in zoning districts, such as allowing brighter dynamic signs in a downtown business district than in residential neighborhoods; offering incentive programs to billboard companies to allow dynamic displays in exchange for removal of non-conforming signs; or encourage dynamic displays (some communities like the clean, new look of dynamic signs and encourage them to remove old blighted and poorly maintained signs). SRF Research SRF Consulting Group conducted a study on dynamic signs for the City of Minnetonka in June 2007. The study was requested by Minnetonka after concerns over the installation of two LED billboards by Clear Channel within their city. The planning commission has reviewed this study previously during the ordinance amendment for off-site dynamic displays. Attached again for review is the portion of the study which pertains to regulatory measures recommended for dynamic displays (Attachment 5). SRF recommends 11 areas of consideration when drafting an ordinance including, but not limited to, identifying specific areas where dynamic display signs should be prohibited, acceptable level of operational modes (i.e., static with no transitions, static with fade or dissolve, etc.), minimum distance requirements between signs. etc. Other City's Ordinances City of Minnetonka In June 2007 the City of Minnetonka adopted a dynamic display ordinance. Attached for review is the staff report and ordinance amendment submitted by the Minnetonka city attorney, community development director, and city planner (Attachment 6). This report and ordinance amendment gives valuable information on the regulation of dynamic display signs. Minnetonka's ordinance allows on-site dynamic display signs on up to 35 percent of a freestanding sign, and the message may change every 20 minutes. City of Eagan In October 2007 the City of Eagan adopted a similar ordinance (Attachment 7) which allows dynamic display signs for on-site and off-site signs. On-site dynamic displays are allowed on freestanding signs in Eagan if they are not the predominant feature, if they do not change or move more often than once every 20 minutes, and must meet graphic height requirements based on the speed limit in front of the sign. City of Sf. Paul The City of SI. Paul recently adopted an off-site dynamic display sign ordinance which allows for LED-style billboards with the removal of other nonconforming billboards. They did not adopt a new on-site dynamic display ordinance, but have existing restrictions in place which permit electronic message signs (signs that have periodic changes in copy or symbols by electronic means) within their business and industrial zoning districts with the following restrictions: 2 1. Setback 600 feet from other electronic message signs on the same side of the street. 2. Setback 75 feet from a residential district. 3. Display can fade in/fade out, travel from side to side, or travel from top to bottom. City of Woodbury The City of Woodbury currently has a moratorium on off-site dynamic display signs and they are working on drafting an ordinance for these types of signs. They do not have and are not considering an on-site dynamic display sign ordinance. Their existing ordinance allows electronic message signs (signs which can change messages but not change instantly) on any freestanding sign as long as the message remains constant and steady. There is no time-line specified for when they can change over, but Woodbury city staff has been requiring the messages to remain constant for 24 hours. City of Oakdale The City of Oakdale currently has a moratorium on off-site dynamic display signs and they are working on drafting an ordinance for off-site and on-site dynamic display signs. Their existing ordinance prohibits signs that blink or flash, except for intermittent time and temperature signs. On-Site Dynamic Display Sign Recommendations After careful review and discussion of all background data, the CDRB recommends the following regulations for on-site dynamic display signs. Zoning Districts The CDRB recommends that on-site dynamic display signs be allowed in the Business Commercial (BC), Light Manufacturing (M-1), and Heavy Manufacturing (M-2) zoning districts only. Freestanding Signs The CDRB recommends that on-site dynamic display signs be allowed on freestanding signs, of which only 50 percent of the sign face can be utilized for a dynamic display. The maximum size of a freestanding sign face would be based on the maximum size allowed in the city's existing and/or draft sign ordinance (recommended for approval by the CDRB in 2006) as follows: Zoninq District Existinq Code/Dvnamic (50%) Proposed Code/Dvnamic (50%) BC/M-1/M-2 150-300 s.f.I75-150 sJ. (depending on lot size) 80-180 s.f.I40-90 sJ. (depending on street frontage) The CDRB also recommended that the placement of the dynamic display freestanding signs should require setbacks to residential, park, open space, and side property lines. For this reason the proposed setbacks are as follows: 200 feet to residential, park, or open space (this will ensure no negative impacts from dynamic display signs from these types of uses) and 100 feet to a side properly line (this will ensure an adequate distance between dynamic display signs). 3 Wall Signs The CDRB discussed whether or not to allow dynamic display signs on walls. The CDRB determined that it would be difficult to address adequate setbacks for wall signs to side property lines or other dynamic display wall signs on the property. For this reason the CDRB recommends that dynamic display wall signs would only be allowed through the comprehensive sign plan process only. The city's existing sign ordinance requires that all multi-tenant buildings with five or more tenants obtain comprehensive sign plan approval from the CDRB. The intent of this requirement is to ensure that all signs located on a multi-tenant building are architecturally compatible to the building and to each other. By requiring a comprehensive sign plan review for all dynamic display wall signs the CDRB can review each proposal separately to determine if the existing and proposed signs would be compatible and to ensure that the location of the dynamic display wall sign would not cause a nuisance to surrounding properties. Message Display Time City staff originally recommended a message display changeover of 20 minutes, which was based on the Minnetonka and Eagan on-site dynamic display ordinances. The CDRB discussed this requirement at length and requested additional information as follows: The League of Minnesota Cities' July 2007 executive summary on dynamic displays quotes studies that describe the Zeigarnik effect in regard to dynamic displays. The Zeigarnik effect is a psychological need to see a task through to its end, so that a driver will want to read an entire dynamic display message before it changes. In order to do this a driver may slow down or change lanes, causing a traffic safety issue. The League of Minnesota Cities states that cities should address this issue by imposing a minimum message display duration which will vary depending on community preference and traffic conditions. In addition, the June 7, 2007, SRF traffic study states that the message display time should allowing at most one image transition during the time that the sign is visible to a driver traveling at the operational speed. In the proposed ordinance, on-site dynamic display signs are proposed for properties which are zoned BC, M-1, and M-2. These properties are located mainly on principal or minor arterial roads. These roads are described in the city's comprehensive plan as follows: principal arterial - roads carrying the highest volume of traffic with speeds from 40 to 55 mph; minor arterial - roads that connect sub regions that are the closest routes parallel to the principal arterials and allow moderate to high travel speeds of 35 to 50 mph. Clear Channel and other billboard companies who utilize the dynamic display technology have an industry standard of message display changeover every 8 seconds. This allows a driver traveling at speeds from 55 to 70 mph to see one to two images as they pass by. While not a scientific method, staff recommended that the CDRB compare the highway dynamic display changeover time to the principal and arterial road changeover time with speeds ranging from 35 to 55 mph. When comparing these times, consideration was placed on the stop signs and traffic signals which also slowed traffic on these roads. Based on this, staff had recommended that 4 the length of the message display changeover for on-site dynamic display signs be at least one minute up to one hour. Staff also researched 11 dynamic display ordinances adopted in Minnesota over the last year, three of those ordinances allow message display changeovers of 20 minutes, one allows 5 minutes, one allows 6 seconds, one allows 4 seconds, and the remaining prohibit the signs altogether. Based on this background information the CDRB recommends that the message changeover time for on-site dynamic display signs be held at 10 minutes. Prohibited Signs The city's current sign ordinance allows signs which have blinking, flashing, or fluttering lights if used primarily for public service messaging. Since the proposed on-site dynamic display ordinance gives businesses an opportunity to utilize the new LED technology, the CDRB recommends that the prohibited section of the ordinance be amended to prohibit signs that blink, flash, or flutter regardless of messaging. Temporary Signs The temporary sign ordinance allows portable temporary signs that are less than 16 square feet in area without a permit and without any other regulations on size, number, or duration. It allows portable temporary signs that are over 16 square feet with a permit and with the restriction that it can be installed for a maximum of 30 days per year, per business. City staff recently witnessed the use of a large dynamic display temporary sign in Minneapolis. The prohibited sign ordinance as specified above would allow temporary signs in Maplewood to have a dynamic display, as long as that display did not blink, flash, or flutter. The CDRB had recommended that permanent on-site dynamic display signs be allowed in the BC, M-1, and M-2 zoning districts if they meet the required setbacks to residential, etc. . Since it would be difficult to require the same restrictions for temporary signs because they are easily installed anywhere at any time, the CDRB recommends that dynamic displays be prohibited on temporary signs. Shared Signs The CDRB discussed the possibility of allowing businesses to share dynamic display signs. The city's current sign ordinance does not allow one business to advertise another businesses' product or service with the use of shared signs, unless those signs were approved as part of a planned unit development or comprehensive sign plan. A comprehensive sign plan is currently required for multi-tenant properties with five or more tenants. These plans are approved by the CDRB. The CDRB wanted the city's sign ordinance to encourage the removal of nonconforming signs and promote shared signs (dynamic display or stationary signs) - especially in light of the fact that dynamic display signs have the capability of displaying multiple messages. To achieve this they are recommending additional language in the comprehensive sign plan to allow for this. 5 Off-Site Advertisement The city's current sign ordinance only allows billboards (off-site signs) to display off-site advertisement such as a product, event, person, institution, activity, business, service or subject which is not located on the premises on which the sign is located. The CDRB had reviewed a concept plan by the Maplewood Mall for the installation of a freestanding dynamic display sign along White Bear Avenue. In the concept review mall representatives indicated that the sign would be used for display of products and services sold in the mall. As an example, they might advertise Guess Jeans and then display the store in which these jeans were sold. In the strict interpretation of the city's existing ordinance this would be allowed. Alternatively under the current ordinance the Maplewood Community Center could display items sold or contracted with the center on their dynamic display sign. As an example, they might advertise coke products which are sold at the snack bar or advertise CVS if a contract was held for minute clinics to be conducted within the center. The CDRB discussed whether this restriction should be revised to allow on-site dynamic displays to advertise off-site products. As an example, to allow the Maplewood Mall or the Community Center to sell space on their sign for a product or service not sold or contracted on site. The CDRB recommended that on-site dynamic display signs be prohibited from displaying off-site products or services, unless associated with a public service message, as is currently specified in the city's sign ordinance. However, it should be noted that with approval of a comprehensive sign plan or variance, a business could vary from this restriction. RECOMMENDATIONS 1. Amend the prohibited sign code at section 44-737 as follows: Signs that are not specifically permitted in this article are hereby prohibited. The following signs are specifically prohibited: (3) Signs that have blinking, flashing or fluttering lights. Signs th:Jt givo public servico inform:Jtion, such :JS timo :Jnd 10mpor:Jttlre aro oxompt. 2. Amend the temporary sign code at section 44-807 as follows: ill Temporarv siqns with blinkinq, flashinq, or flutterinq Iiqhts or with dvnamic displavs are prohibited. 3. Amend the comprehensive sign plan code at section 44-736 as follows: A comprehensive sign plan shall be provided for the followinq: (1) business premises which occupy the entire frontage in one or more block fronts or for the whole of a shopping center or similar development having five or more tenants in the project: (2) dvnamic displav wall siqns: and (3) shared siqns. Such a plan, which shall include the location, size, heights, color, lighting and orientation of all signs, shall be submitted for preliminary plan approval by the city~; pro'/idod th:Jt, if such comprohensive plan is prosontod, o);,xceptions to the sign schedule regulations of this article may be permitted in the sign areas and densities for the plan as a whole if the siqns are in conformity with the intent of this article" and if such oxcoptions results in an improved relationship between 6 the various parts of the plan, and encouraqes and promotes the removal of nonconforminq siqns throuqh the use of shared siqns. Comprehensive sign plans shall be reviewed by the community design review board. The applicant, staff and city council may appeal the community design review board's decision. An appeal shall be presented within 15 days of the review board's decision to be considered. 4. Adopt an off-site and on-site dynamic display sign ordinance as follows (text underlined has been added to the proposed off-site dvnamic displav siqn code amendment which was recommended for approval bv the CDRB and planninq commission): a. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction of drivers can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. In such a case, drivers may watch a sign waiting for the next change to occur. Drivers also are distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers could be more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are Generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed by those observing them, and are only accurate with frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction, to minimize their proliferation in residential districts where signs can adversely impact residential character, and to protect the public health, safety, and welfare. Local spacing requirements could interfere with the equal opportunity of sign owners to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact on drivers would be compounded in a traffic corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, requiring a longer display time on dynamic signs is in the public interest. A constant message is typically needed on a sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driving 7 conduct through last-second lane changes, stops, or turns, all of which could result in traffic accidents. In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off-premise signs but with significant controls to minimize their proliferation and their potential threats to public health, safety, and welfare. b. Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode- ray tubes (CRTs), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCDs), or other technologies used in commercially available televisions or computer monitors. c. Standards for all dynamic display signs: (1) The images and messages displayed on the sign must be complete in themselves, without continuation in content to the next image or message or to any other sign; (2) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. (3) Dynamic display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to discontinue the display if it malfunctions, and the sign owner must stop the dynamic display within one hour of being notified by the city that itis not meeting the standards of this ordinance; (4) Dynamic display signs must meet the brightness standards contained in subdivision f. below; (5) Dynamic display signs existing on (insert the effective date of this ordinance) must comply with the operational standards listed above. d. On-Site Dvnamic displav siqns are allowed subject to the followinq additional conditions: (1) Located in the Business Commercial (BC) or Heavy or Liqht Industrial (M-2 and M-1) zoninq districts onlv. (2) The imaqes and messaqes displaved on the on-premise dvnamic displav siqn must be static and each displav must be maintained for a minimum of 10 minutes: and the transition from one static displav to another must be instantaneous without anv special effects: 8 (3) Are allowed as part of a permanent freestandinq siqn, provided that the siqn comprises no more than 50 percent of the total square footaqe of said siqn face. (4) Must be located at least 200 feet from anv residential land use district on which there exists structures used for residential purposes or anv residential structure: or from anv park or open space land use district. (5) Must be located at least 100 feet from anv side propertv line. (6) Displav and advertisement of products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises onlv or which qive public service information. e. Off-Site Dvnamic displav siqns are allowed subject to the followinq additional conditions: (1) A dynamic display sign is allowed by conditional use permit approved by the city council. (2) The images and messages displayed on the sign must be static and each display must be maintained for a minimum of 12 seconds, and the transition from one static display to another must be instantaneous without any special effects; f. Incentive. Off-premises signs do not need to serve the same way-finding function as do on-premises signs and they are distracting and their removal serves the public health, safety, and welfare. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off-premise signs in certain settings. This sign removal results in an overall advancement of one or more of the goals set forth in this section that should more than offset any additional burden caused by the incentive. These provisions are also based on the recognition that the incentive creates an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout Maplewood. Reduction of Sign Surfaces (1) A person or sign operator may obtain a conditional use permit for a dynamic display sign on one surface of an existing off-premises sign if the following req uirements are met: (a) The applicant agrees in writing to reduce its off-premise sign surfaces by one by permanently removing, within 15 days after issuance of the permit, one surface of an off- premises sign in the city that is owned or leased by the applicant, which sign surface must satisfy the criteria of parts (2) and (3) of this subsection. This removal must include the complete removal of the structure and foundation supporting each removed sign surface. The applicant must agree that the city may remove the sign 9 surface if the applicant does not do so, and the application must identify the sign surface to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city's costs for that removal. The applicant must also agree that it is removing the sign surface voluntarily and that it has no right to compensation for the removed sign surface under any law. Replacement of an existing sign surface of an off- premises sign with a dynamic display sign does not constitute a removal of a sign surface. (b) The city has not previously issued a dynamic display sign permit based on the removal of the particular sign surface relied upon in this permit application. (c) If the removed sign surface is one that a state permit is required by state law, the applicant must surrender its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until the sign owner or operator provides proof to the city that the state permit has been surrendered. (2) If the applicant meets the permit requirements noted above, the city will issue a dynamic display sign permit for the designated off- premises sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than once every 12 seconds. The designated sign must meet all other requirements of this ordinance. f. Brightness Standards. (1) City staff shall approve the following brightness standards for all dynamic display signs: (a) No sign shall be brighter than is necessary for clear and adequate visibility. (b) No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. (c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (2) The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city's instructions. The adjustment must be made within one hour upon notice of non-compliance from the city. (3) All dynamic display signs installed after (insert the effective date of this ordinance) will have illumination by a means other than 10 natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one hour after being notified by the city that it is not meeting the standards of this section. (4) In addition to the brightness standards required above, dynamic display signs shall meet the city's outdoor lighting requirements (section 44-20(1)). p:ordlsign codeILEDlon-siteI4-1-08 PC Attachments 1. January 8, 2008, CDRB Minutes 2. January 22, 2008, CDRB Minutes 3. March 11, 2008, CDRB Minutes 4. 2007 League of Minnesota Cities Executive Summary 5. 2007 SRF Dynamic Dispiay Research 6. Minnetonka Dynamic Display Sign Ordinance 7. Eagan Dynamic Display Sign Ordinance 11 Attachment 1 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 8, 2008 V. UNFINISHED BUSINESS a. On-Site Dynamic Display Sign Code Discussion Planner Shann Finwall presented the staff report and asked the board comment on issues regarding dynamic display signs in the city. Ms. Finwall also asked the board for their comments regarding issues with public service messages. In response to a previous question from the board, Planner Finwall said the League of Minnesota Cities has advised that a total ban of dynamic display signs is legal and an option. Board member Wise said he is not in favor of a total ban on dynamic display signs. Board member Shankar said he thinks the rules should be the same for both on-site and off-site signs, but feels there will be fewer issues with on-site signs due to the generally lower driving speeds in front of properties where those signs might be constructed. Board member Ledvina agreed a total ban of dynamic display signs is not feasible. Mr. Ledvina had questions on why setbacks are not related to land use and why dynamic signs are not prohibited in some zoning districts in the city of Minnetonka's ordinance. Mr. Ledvina feels the Minnetonka ordinance is a good example and said he recommends the board use the Minnetonka ordinance as a guide. Mr. Ledvina requested staff research whether the city of St. Paul's on-site ordinance has been adopted. Mr. Ledvina suggested a moratorium on dynamic display signs would be reasonable until the ordinance is amended. Board member Wise asked what constitutes unique zoning districts and he had questions on spacing of dynamic signs. He asked whether there are other cities with examples of sign spacing. Planner Finwall said she will research these questions and also other cities for examples of sign spacing and requirements, and also whether the city of St. Paul has adopted an on-site ordinance. Board member Demko said he agrees with using the city of Minnetonka ordinance as a guide. Mr. Demko said he has questions with the 20-minute display time and also the 15- foot maximum height requirement. Board member Shankar said he also agrees with using the Minnetonka ordinance as a guide. He has questions on the number of signs allowed per property and with having differences in display time for on-site and off-site dynamic signs. Board member Ledvina, noting the competition among advertisers, said he has strong concerns with having too many signs in high-traffic areas in the near future with displays changing continually. Board member Olson suggested the board move ahead with this review. Ms. Olson suggested the need for language to regulate the "blinking, flashing and fluttering" of signs, and the need to review the setback distance and sign spacing issues, change time of displays, and necessary language defining public service message. Planner Finwall asked the board whether only freestanding dynamic signs will be considered. Board member Olson responded that non-freestanding signs also need to be considered. Attachment 2 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 22, 2008 VI. UNFINISHED BUSINESS a. On-Site Dynamic Display Sign Code Discussion Planner Shann Finwall presented the staff report and also informed the board that the city council has requested a moratorium on dynamic display signs to allow the CDRB & PC time to draft an ordinance which addresses those types of signs. That moratorium will go to the city council on Monday, January 28 for first reading. The board discussed with staff how the proposed ordinance would affect some of the city's existing signage, such as the amount of sign area allowed for conversion to dynamic display and setback requirements near parks and other signs. Board member Wise questioned whether the right-of-way area should be excluded from the sign setback measurement. Mr. Wise said the matter of whether the 600-foot sign setback Is measured from the road or an out parcel should be considered also, since an out parcel typically already has signage. Mr. Wise suggested that site architectural features might be considered in establishing the square footage or percentage display requirement. Board member Ledvina said he feels the allowable zoning districts of BC, M-1 and M-2 are appropriate and that the minimum 20-minute changeover timeline is reasonable. Mr. Ledvina said he is okay with the maximum 50 percent total square-footage requirement. Mr. Ledvina said he does not believe it would be feasible to exclude the right-of-way for setback measurement due to land issues such as easements that would create an unlevel playing field, but that standards do need to be established relating to specific property lines and uses. Mr. Ledvina suggested the proposed 75-foot residential setback is very close and that a setback of between 100 and 200 feet might be better. Mr. Ledvina said he does not have the answer, but he does not agree with the 600-foot setback concept which would allow the first property owner who can afford it to be able to install the sign and he feels this will be a problem. Staff said the board should consider including an additional side-yard setback requirement which would help to eliminate signs being too close together and should also consider allowing only one dynamic display sign on a property. Board member Olson said only one pylon sign should be allowed per property and should have additional restrictions. Ms. Olson said she feels signs attached to buildings will need a separate set of language. Ms. Olson mentioned she feels the minimum display of 20 minutes is too long and could be shortened to 5 minutes. Ms. Olson said she agrees with increasing the 75-foot residential setback to 100 feet, but should also include the setback to include any residential structure, park, nature preserve, wetland or historic area. Board member Demko suggested including a requirement to remove an existing sign for any new dynamic display sign installed. Mr. Demko said he agrees that the proposed 75-foot residential setback needs to be increased. Board member Olson discussed whether to allow free-standing dynamic signs as opposed to dynamic wall signs, Community Design Review Board Minutes 01-22-2008 2 Board member Shankar suggested that wall signs might be allowed only for businesses exceeding 100,000 square feet. Board member Wise suggested that 100,000 square feet would allow wall signage only at the Maplewood Mall and that reducing the square footage to 50,000 to 60,000 square feet might be more reasonable. Mr. Wise also suggested that businesses should be encouraged by the city to enter into shared sign agreements. Board member Ledvina said he favors limiting dynamic display signs to free-standing signs only and yet allow larger commercial properties that have comprehensive sign plans to propose alternate designs for wall signs. The board made suggestions to staff for revisions to the dynamic sign code draft. Chairperson Olson suggested the board table this discussion until the next meeting and asked staff to review the board's comments and suggestions and prepare a draft of the on-site ordinance for the next meeting. Attachment 3 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, MARCH 11,2008 VI. UNFINISHED BUSINESS a. On-Site Dynamic Display Sign Code Planner Shann Finwall presented the staff report regarding the creation of an on-site dynamic display sign ordinance. Ms. Finwall mentioned that the board may want to consider amending the prohibited section of the ordinance to include prohibiting temporary signs that blink, flash or flutter regardless of messaging. Board member Olson said since MnDOT recommends eight seconds as the minimum for display change, she will not be in favor of anything less than eight seconds and she is comfortable with ten minutes. Board member Wise said he prefers that off-site advertising be prohibited on the signs and also that he favors between ten and twenty minutes as a minimum for display change. The board discussed adding language to the comprehensive sign plan to encourage and promote the use of shared signs among businesses. Board member Ledvina moved the community design review board recommend approval of: 1. Amending the prohibited sign code at section 44-737 as follows: Signs that are not specifically permitted in this article are hereby prohibited. The following signs are specifically prohibited: (3) Signs that have blinking, flashing or fluttering lights. Signs that givo public sorvico information, such as time and temperaturo ara oxempt. 2. Amending the temporary sign code at section 44-807 as follows: (i) Temporarv siqns with blinkinq, flashinq, or flutterinq Iiqhts or with dvnamic displavs are prohibited. 3. Amending the comprehensive sign plan code at section 44-736 as follows: A comprehensive sign plan shall be provided for the followinq: (1) business premises which occupy the entire frontage in one or more block fronts or for the whole of a shopping center or similar development having five or more tenants in the project: (2) dvnamic displav wall siqns: and (3) shared siqns. Such a plan, which shall include the location, size, heights, color, lighting and orientation of all signs, shall be submitted for preliminary plan approval by the city; provided that, if such comprehensive plan is presented, exceptions to the sign schedule regulations of this article may be permitted in the sign areas and densities for the plan as a whole are in conformity with the intent of this article and if such exceptions results in an improved relationship between the various parts of the plan. Comprehensive sign plans shall be reviewed by the community design review board. The applicant, staff and city council may appeal the Community Design Review Board 2 Minutes 03-11-2008 community design review board's decision. An appeal shall be presented within 15 days of the review board's decision to be considered. 4. Adopt an on-site dynamic display sign code as follows (text underlined has been added to the proposed off-site dynamic display sign code amendment which was recommended for approval by the CDRB and planning commission): a. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction of drivers can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. In such a case, drivers may watch a sign waiting for the next change to occur. Drivers also are distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers could be more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed by those observing them, and are only accurate with frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners. should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction, to minimize their proliferation in residential districts where signs can adversely impact residential character, and to protect the public health, safety, and welfare. Local spacing requirements could interfere with the equal opportunity of sign owners to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact on drivers would be compounded in a traffic corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, requiring a longer display time on dynamic signs is in the public interest. A constant message is typically needed on a sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driving conduct through last-second lane changes, stops, or turns, all of which could result in traffic accidents. In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off-premise signs but with significant controls to minimize their proliferation and their potential threats to public health, safety, and welfare. b. Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRTs), Iight- emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCDs), or other technologies used in commercially available televisions or computer monitors. Community Design Review Board Minutes 03-11-2008 3 c. Standards for all dynamic display signs: (1) The images and messages displayed on the sign must be complete in themselves, without continuation in content to the next image or message or to any other sign; (2) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. (3) Dynamic display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to discontinue the display if it malfunctions, and the sign owner must stop the dynamic display within one hour of being notified by the city that it is not meeting the standards of this ordinance; (4) Dynamic display signs must meet the brightness standards contained in subdivision f. below; (4) Dynamic display signs existing on (insert the effective date of this ordinance) must comply with the operational standards listed above. d. On-Site Dvnamic displav siqns are allowed subiect to the followinq additional conditions: (1) Located in the Business Commercial (BC) or Heavv or Liqht Industrial (M-2 and M-1) zoninq districts onlv. (2) The imaqes and messaqes displaved on the on-premise dvnamic displav siqn must be static and each displav must be maintained for a minimum of 10 minutes: and the transition from one static displav to another must be instantaneous without anv special effects: (3) Are allowed as part of a permanent freestandinq siqn, provided that the siqn comprises no more than 50 percent of the total square footaqe of said siqn face. (4) Must be located at least 200 feet from anv residential land use district on which there exists structures used for residential purposes or anv residential structure; or from anv park or open space land use district. (5) Must be located at least 100 feet from anv side propertv line. e. Off-Site Dvnamic displav siqns are allowed subiect to the followinq additional conditions: (1) A dynamic display sign is allowed by conditional use permit approved by the city council. (2) The images and messages displayed on the sign must be static and each display must be maintained for a minimum of 12 seconds, and the transition from one static display to another must be instantaneous without any special effects; Community Design Review Board Minutes 03-11-2008 f. 4 Incentive. Off-premises signs do not need to serve the same way-finding function as do on-premises signs and they are distracting and their removal serves the public health, safety, and welfare. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off-premise signs in certain settings. This sign removal results in an overall advancement of one or more of the goals set forth in this section that should more than offset any additional burden caused by the incentive. These provisions are also based on the recognition that the incentive creates an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout Maplewood. Reduction of Sign Surfaces (1) A person or sign operator may obtain a conditional use permit for a dynamic display sign on one surface of an existing off-premises sign if the following requirements are met: (a) The applicant agrees in writing to reduce its off-premise sign surfaces by one by permanently removing, within 15 days after issuance of the permit, one surface of an off-premises sign in the city that is owned or leased by the applicant, which sign surface must satisfy the criteria of parts (2) and (3) of this subsection. This removal must include the complete removal of the structure and foundation supporting each removed sign surface. The applicant must agree that the city may remove the sign surface if the applicant does not do so, and the application must identify the sign surface to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city's costs for that removal. The applicant must also agree that it is removing the sign surface voluntarily and that it has no right to compensation for the removed sign surface under any law. Replacement of an existing sign surface of an off-premises sign with a dynamic display sign does not constitute a removal of a sign surface. (b) The city has not previously issued a dynamic display sign permit based on the removal of the particular sign surface relied upon in this permit application. (c) If the removed sign surface is one that a state permit is required by state law, the applicant must surrender its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until the sign owner or operator provides proof to the city that the state permit has been surrendered. (2) If the applicant meets the permit requirements noted above, the city will issue a dynamic display sign permit for the designated off-premises sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than once every 12 seconds. The designated sign must meet all other requirements of this ordinance. g. Brightness Standards. (1) City staff shall approve the following brightness standards for all dynamic display signs: Community Design Review Board Minutes 03-11-2008 5 (a) No sign shall be brighter than is necessary for clear and adequate visibility. (b) No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. (c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (2) The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city's instructions. The adjustment must be made within one hour upon notice of non-compliance from the city. (3) All dynamic display signs installed after (insert the effective date of this ordinance) will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one hour after being notified by the city that it is not meeting the standards of this section. (4) In addition to the brightness standards required above, dynamic display signs shall meet the city's outdoor lighting requirements (section 44-20(1 )). Board member Olson seconded Board members Ledvina and Olson amended the motion to add the following to the motion: "Prohibit an off-site sign that advertises a product, event, person, institution, activity, business, service or subject located on the premise." The board voted: The motion passed. Ayes - all Board member Ledvina volunteered to represent the board at the planning commission meeting in April regarding this item. A~c..hM't\t ~ LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 REGULATING DYNAMIC SIGNAGE Executive summary Cities have authority and responsibility to regulate dynamic signs as appropriate for each community. There is no single correct approach to regulation, Because the regulation of signs involves the First Amendment, courts hold sign regulations to a higher standard than most land use regulations. Cities still have considerable discretion to regulate, as long as they do so reasonably and without regard to sign content. Introduction In the fall of 2006, a number of Minnesota cities were surprised by the appearance of large electronic billboards akin to giant television screens. These signs are the next generation of sign displays with the ability to feature changing images and movement-known collectively as dynamic signs. Attempts to regulate them resulted in litigation in at least one community- Minnetonka. In developing a regulatory response, Minnetonka partnered with the League of Minnesota Cities to commission a study, conducted by SRF Engineering, on the impact of such dynamic signs on traffic safety. This memorandum discusses the legal framework of regulating dynamic signage in light of the recent litigation and study. Regulatory framework While the federal and state government can enact and have enacted laws regulating signs, those regulations only provide minimum standards. Courts have explicitly recognized that cities have the ability to regulate signs, including dynamic signs, more restrictively. There is no uniform system of regulation that cities must follow. Each community is different and has different needs that local ordinances may reflect. Such regulations must meet the same basic legal tests for all sign regulation. Most city land use decisions get a very deferential standard of review known as rational basis review. Under this level of review, city decision will be upheld if they have any rational basis. Because sign regulations implicate free speech rights which are protected by the First Amendment, they are subjected to higher levels of scrutiny. The highest level of scrutiny, called strict scrutiny, applies when government tries to regulate based on the content of speech. The only content-based sign regulation that courts have upheld is treating off-premise signs (billboards) differently than on-premise signs that advertise the business on the same property. One distinction that may seem like it is content based, but our federal court of appeals has said is not, is a ban on dynamic signs with an exception for time and temperature displays. The court held LEAGUE OF MINNESOTA CITIES INSURANCE TRUST ,.. UNlVlu,rr AVE. WElT PHON" (651) 28]-1200 p.u, (651) 281-1298 sr. PAUL. MN S5'03--:llM4 1'OLLBlIIo (800)925-1122 WIIIoWWYI.IMC.OJG , that because of their unique nature, allowing only time and temp displays is not a prohibited content-based regulation. It is important not to overstate this, however. Regulations that go further and carve out a broader exception for "public information" are likely to be struck down as impermissibly content-based. Sign regulations that are not content based are subject to intermediate scrutiny, which tests whether the regulation is substantially related to a significant government interest. This roughly translates to "regulate for a good reason." Cities should take care that the scope of the regulation is not excessive when viewed in light of all of the regulatory objectives, and that they. do not create exceptions to the regulations that cannot be justified by reference to one or more of the city's articulated objectives Big-picture regulatory tools The available research on traffic impacts supports significant content-neutral limits or even bans on dynamic signs for safety reasons. The studies confirm that billboards can tend to distract drivers, dynamic features contribute to the distraction, and even short distractions can increase the risk of accidents. This is not surprising as promotional materials put out by sign companies themselves boast the signs' ability to hold viewer attention as a benefit of dynamic signs. Safety is only one concern. Cities may also regulate signs based on values, preferences, and aesthetics. Not every sign is appropriate in every community or every neighborhood. Not every community wishes to become Las Vegas or even downtown Minneapolis. Cities can take a number of different macro-level approaches to regulation. Some examples include: 1. Complete or near-complete bans that do not allow dynamic signs at all. 2. Allow dynamic signs with restrictions such as minimum display time, allowing only a percentage of a sign to change, or text size limitations. 3. Allow different things in different zoning districts, such as allowing brighter dynamic signs in a downtown business district than in residential neighborhoods. 4. Offering incentive programs to billboard companies to allow dynamic signs in exchange for removal of non-conforming static signs. 5. Encourage dynamic displays. Some communities like the clean, new look of dynamic signs and encourage them to remove old blighted and poorly maintained signs. Regulating sign aspects A content-neutral regulation that regulates dynamic signage will be subj ect to intermediate scrutiny, so a community must show a regulation is substantially related to a significant government interest. In plain language, you must articulate what problem a regulation is intended to address and how the regulation addresses it. There are at least six aspects of dynamic signs that regulations may address: 1. Duration of I1U!ssagesl speed of changeover. Studies have described the Zeigamik effect, a psychological need to see a task through to its end. In the case of dynamic signs, a driver's desire to read an entire message before it changes or to complete a scrolling message has been shown to 2 z. negatively impact drivers' tendencies to maintain a constant speed or remain in a lane. To address these issues, many cities have imposed minimum message durations that might vary depending on community preference and traffic conditions. 1. Motion, animation, and video. Motion can range from simple visual effects to full realistic video. Motion can extend the period of time a driver will keep watching a sign, increasing distractedness. Cities may prohibit motion or limit it either to specific areas or to specific characteristics such as a motion time frame calibrated to traffic speed. 3. Brightness. Brightness can be a safety factor, particularly at night, as sudden brightness can be distracting or diminish night vision. A number of communities limit brightness based on time of day and by color displayed. TIris can be difficult to quantilY and measure. 4. Sign placement and spacing. The number of signs and their location can be a big factor in driver awareness. A large number of signs can increase distractedness. Poorly placed signs may block views or cause distraction in unsafe areas. Cities may impose site standards and spacing requirements. These may present regulatory challenges as spacing may be dependent on the actions of neighboring property owners. 5. Size of signs. Size can have impacts in several ways. Too big, and it obstructs views and distracts. Too small, and it takes longer to read and encourages sign users to sequence messages. Cities may limit dynamic signs or the percentage of a sign that can be dynamic. 6. Text size and legibility. Signs that are difficult to read invite increased driver focus. Regulations can, for example, require minimum sizes based on road speed. The specifics of how to regulate each of these aspects is up to each community. Because review of regulations must face intermediate scrutiny, cities have to take some extra steps when drafting and adopting ordinances. For each aspect regulated, cities should consider adopting findings or local studies that articulate the reason and any support for the regulation. The SRF study and other materials can provide a scientific basis for a number of regulatory steps. In addition, cities may choose more stringent regulation in order to take a conservative approach to protecting safety. Moving forward It is recommended that cities think about dynamic signs as early as possible. Regardless of your city's approach, it is better to make a rational choice rather than by having dynamic signs arrive before you have thought about the issue. Once the signs are up, Minnesota's nonconfonning use law arguably grants them "grandfathered" status, with a narrow exception for safety. If your city would like more information about regulating dynamic signs, Paul Merwin, LMCIT Senior Land Use Attorney, can provide assistance and refer you to more information and resources. Contact Paul at (651) 281-1278 or pmerwintalImc.org. 3 ~ Disclaimer: This memorandum is intended as general information only and should not be read as legal advice or as creating an attorney-client relationship. This memo addresses general concerns and has not been reviewed in the context of a specific client or situation. This memo was drafted as a loss control document and is intended to avoid conflicts rather than form an opinion as to the legality or defensibility of any action. Last updated: 7-26-07 4 Ll ~~~~/t\tS ~M\\,)'t'\ O~ 5~ ~~~~,h For this reason, state departments oftransportation have carefully studied the design and location of dynamic signs within the highway right-of-way, Their goal is to convey a message to the traveling public in a manner that is as straight-forward and readable as possible without being a visual "attraction". The goal of the outdoor advertising sign is to be a visual attraction outside the right-of-way, possibly making it a source of driver distraction. Nevertheless, the actual change in crash rates influenced by the presence of any specific device has not been quantified in a manner that fully isolates the impacts of an electronic sign. Recent studies conducted by FHW A and others have cited the need for further research, In the interest of promoting public safety, this report recommends that electronic signs be viewed as a form of driver distraction and a public safety issue. Therefore, the ordinance recommendations identified here should be considered. These recommendations should be reviewed in the future as additional research becomes available. With respect to regulatory measures for electronic outdoor advertising signs, it is important that local governments take a thorough approach to updating their ordinances to address this issue. For example, an ordinance that addresses sign motion, but does not address brightness and intensity levels may leave the door open for further controversy. This report seeks to identify all of the aspects of electronic outdoor advertising devices that are subject to regulation. It does not specifically state what those regulations should be (e.g. the size of electronic signs), since these are all things that policy makers and staff must take into careful consideration. Further, as driver distraction and resulting influences on safety do not, in a practical sense, distinguish between on- premise and off-premise signage, this distinction is not highlighted in the recommendations below. Regulatory Measures recommended for consideration To properly address the issue of dynamic signage, it is recommended that the sign code address the following: 1. Identify specific areas where dynamic signs are prohibited. This would typically be done by specifying certain zoning districts where they are not allowed under any circumstances. If dynamic signs are to be allowed in specific areas, this could be done by zoning district (only higher level commercial districts are recommended for consideration) or by zoning overlay related to specific purposes (e.g. entertainment or sports facility district) or to specific roadway types. 2. Determine the acceptable level of operational modes in conjunction with such zoning districts or overlays. The various levels include: a. Static display only, with no transitions between messages, b. Static display with fade or dissolve transitions, or transitions that do not have the effect of moving text or images, c. Static display with scrolling, traveling, spinning, zooming in, or similar special effects that have the appearance of movement, animation, or changing in size, or get revealed sequentially rather than all at once (e.g. letters dropping into place, etc.), and J~~~~~;,~~!~~.~! \ ~~~I"~ It\~wd ~ br,m" l)\~"_(,tiOl\ d. Full animation and video. 3. If one of the forms of static display is identified as the preferred operational mode, a minimum display time should be established. This display time should correspond to the operation roadway speed (rather than posted speed limit), allowing at most one image transition during the time that the sign if visible to a driver traveling at the operational speed. If a shorter minimum display time is considered, the effects of message sequencing should be considered. Wait intervals of more than 1-2 seconds between sequenced messages have the potential to become more of a distraction as viewers wait impatiently for the next screen, in an effort to view the complete message. 4. If the community wishes to accommodate animation or video in some or all locations where dynamic are permitted, a minimum and maximum duration of a video image should be established. The purpose for establishing a time limit is to ensure that the message is conveyed in a short, concise time frame that does not cause slowing of traffic to allow drivers to see the entire message. Given the creativity of advertising, these video images may be seen as a form of entertainment, and people typically like to see an entertaining message through to the end. Differentiate between zoning districts where dynamic signs are permitted by right, and zoning districts, overlay districts, or special districts where they should only be allowed through the approval of a Conditional Use Permit. A CUP would involve public notification and review and approval by the Planning Commission. Other options would include a design review board or other dispute resolution process. 5. Consider the establishment of minimum distance requirements between electronic outdoor advertising devices in relation to the zoning district or roadway context in which the signs are allowed, 6. Consider size limitations on dynamic signs for zoning districts where they are allowed. This may vary from one district to another. 7. Consider if dynamic signs are allowed independently, or if they must be incorporated into the body of another sign, and therefore become a limited percentage of the overall sign face. 8. Establish a requirement for that all dynamic signs that emit light be equipped with mechanisms that allow brightness to be set at specific nit levels and respond accurately to changing light conditions. The City must establish the authority to disable or turn the device off if it malfunctions in a manner that creates excessive glare or intensity that causes visual interference or blind spots, and require that the device remain inoperable until such time that the owner demonstrates to the appropriate city official that the device is in satisfactory working condition. If such technology is not available, consideration should be give to banning dynamic signs that emit light until such time as the technology allows brightness levels to be precisely controlled. 27 A30 Dynamic Signage Ordinance z. 9. Consider maximum brightness levels that correlate to ambient (day or night condition, lighting of surrounding context) light levels. A maximum daytime and separate nighttime nit/footcandle level should be established. Consider wording that requires the sign to automatically adjust its nit level based on ambient light conditions. 10. Consider a requirement for a written certification from the sign manufacturer that the individual sign's maximum light intensity has been preset not to exceed the maximum daytime illumination levels established by the code, and that the maximum intensity level is protected from end user manipulation by password protected software or other method approved by the appropriate city official. II. Require sign owners to provide an accurate field method of ensuring that maximum light levels are not exceeded. If such a method cannot technically be provided, consider banning dynamic signs that emit light until such time as the technology is available, 28 A31 Dynamic Signage Ordinance .3 ~,,\iY\'\eY\t- \.p City Council Agenda Item #14_ Meeting of June 25, 2007 Brief Description: An ordinance regulating dynamic signs. Recommended Action: Adopt the ordinance. Background The city council and planning commission discussed the regulation of dynamic signs at its study session on May 14, 2007. Staff has prepared an ordinance incorporating the direction from that meeting. The major issues are discussed below. In formulating the proposed ordinance, staff consulted with SRF Consulting and Gerald Wachtel, a national expert on changeable message signs. Their final report is attached on pages A 1-A42. General Framework The easiest approach to dynamic signs, from both a legal and enforcement standpoint, is to either prohibit all of them or allow them with no restrictions. Instead, the ordinance incorporates a balanced approach to dynamic sign regulation that protects community interests, while recognizing the need to reasonably accommodate evolving sign technologies. The term "dynamic" display is defined in the ordinance to identify all displays that have changing messages, regardless of the means. By avoiding descriptions that identify the type of change, such as "electronic," the ordinance can better deal with future technologies that have not yet been developed. This approach also recognizes that changing messages by any means can be distracting to the driving public. Signs are a form of "speech" protected by federal and state constitutions. As a result, cities must be very careful that sign regulations generally do not discriminate on the basis of message content. It can be a challenge to defend an ordinance that draws fine distinctions when allowing certain kinds of signs to be dynamic while prohibiting others. Accordingly, the dynamic sign provisions will "overlay" the city's existing sign regulations. There would be no change to the existing standards regarding such things as zoning, number, size, and location. As a general matter, the dynamic regulations would apply equally to all signs, with few distinctions between zoning districts or between on- and off-premise signs. Although residential districts are deserving of more protection than other zoning districts, that is taken into account in the underlying regulations. Additionally, there are Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 2 uses in residential districts that could benefit from having changing messages, such as churches, schools and government offices. The ordinance allows dynamic signs for conditionally permitted uses in residential districts and for all uses in other districts. Through controls the potential impacts can be addressed by appropriate restrictions, which are discussed below. The ordinance does not include any spacing requirements. Spacing restrictions could result in unequal treatment of property owners, since the first property owner to install a dynamic sign could prevent the neighboring property owner from also having a dynamic sign. This would be unfair, and could actually increase the frequency of such uses by creating an incentive for nearby property owners to race each other to convert their signs. The only location requirement is that dynamic messages are limited to pylon and monument signs. Dynamic messages would not be permitted on building signs. Operational Mode Dynamic signs have the capability of operating in many different modes, ranging from static messages to scrolling text to full motion video. These operational modes have obvious implications for the distracting nature of dynamic signs. The city's consultants concluded that there can never be definitive proof of a causal connection between dynamic signs and highway accidents. This is because state-of- the-art driving simulators cannot truly simulate real-life conditions. Further, controlled roadway studies cannot be performed, because controlled roadways can not be filled with hundreds or thousands of cars operating under normal conditions. Finally, eye movement studies use a very limited pool of test subjects who are operating under circumstances that are designed to avoid accidents. Nevertheless, the studies performed to date provide important insight. For example, some studies indicate how drivers tend to react to signs in different settings, while other studies inform how different degrees and types of distraction are associated with accidents. By considering those individual pieces together, the city can thoughtfully evaluate the risks posed by dynamic signage. Studies do show that there is a correlation between moving signs and the distraction of highway drivers. An eye movement study showed that changing signs may distract drivers by as much as two seconds. The Federal Highway Administration has determined that being distracted for two seconds or more can result in traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Drivers are also distracted by messages that do not tell the full story in one look. Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 3 An example is a scrolling sign - people have a natural desire to see the end of the story, and will continue to look at the sign in order to wait for the end. The consultants also concluded that drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. In response to these conclusions, the ordinance allows only static displays. No animation, motion or video would be permitted. Additionally, the message change would have to be instantaneous, without any distracting effects, such as dissolving, spinning or fading. Sequential messages, such as a two-stage message for a single product, service or business, would also be prohibited. This would apply whether the sequential messages are on the same sign or multiple signs. The ordinance also requires a minimum font size to avoid messages that are too small to easily read or that contain too much information. The required minimum is seven inches on a road with a speed limit between 25 and 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. These are the recommended heights given in Issue 51 (2007) of Signline, a publication of the International Sign Association. As an example, the city's changeable message sign has a font size of slightly less than 10 inches for a three-line message and 12 inches for a two-line message: 13'-4"B.. Slightly less than 10 inch 6'.0" font size Monuniettf IDSign;,;Doltble ftlcJ ltimlnafedSig,iwithlEfJMt:Ssiige tafter Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 4 The ordinance provides that if the allowed portion of the sign is too small to meet this minimum size, then no dynamic display is allowed. Size of Dynamic Portion One objective of dynamic sign regulation is the prevention of driver distraction. Public safety is also protected by ensuring that people can find their way to where they want to go. If "way- finding" is compromised, driving conduct can be adversely affected by last-second lane changes or turns, which could result in traffic accidents. A significant portion of permitted signs should remain constant, so that identity and location can be more readily determined. This way-finding purpose should be given significantly more weight than any advertising purpose of a dynamic message. Limiting the amount of sign face that can be dynamic also serves aesthetic and public safety purposes by discouraging the proliferation of multiple changing signs and reducing exposure to the public. Staff recommended at the study session that no more than 35 percent of the message area of a permitted sign could contain a dynamic message. This favors way-finding over advertising by a 2:1 factor. There was some concern expressed that this would not be enough room in all situations. The following show some existing signs in the city: 80 sqft Pylon Sign 35% Dynamic Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 5 The proposed ordinance continues to include the 35 percent maximum because this provides a reasonable amount of space for the new technology while giving a 2: 1 preference to the primary objective of providing a permanent message that allows property owners to identify their locations and citizens to find intended destinations. The ordinance also provides that the remainder of the sign cannot have dynamic capabilities even though not used. This is needed to ensure compliance. It also provides that there can be only one dynamic display on a sign. Minimum Display Time Because there is no ban on dynamic signs and no spacing requirements, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact would obviously be compounded in a corridor with multiple signs. Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 6 If dynamic signs become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Accordingly, a longer display time is appropriate. The ordinance establishes a minimum display time of 20 minutes, which is the standard adopted by the city of Bloomington following its own thorough study. This is less than the one-hour display time that is currently in effect through the district court's temporary injunction, and thus provides greater flexibility to sign owners. There would be an exception for time and temperature signs, which the federal court has recognized as a legitimate exception to limitations on variable message signs. The ordinance provides that a display of time, date, or temperature must remain for at least 20 minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three seconds. The ordinance provides that each sign must be designed to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. Brightness Levels The consultants determined that the brightness of signs can be distracting, and if very bright, can actually result in a "blinding" effect, particularly at night. Pure white light appears the brightest, and has the most blinding capability. Unfortunately, there is currently no good way to measure the brightness of signs in the field. Sign manufacturers can measure the light emitted by LED signs in a controlled factory setting by measuring the "nit" level, but those conditions cannot be re-created in actual field conditions. Additionally, the instruments used to measure brightness are currently very expensive. With no good way of measuring brightness, the ordinance incorporates the general standard adopted by the Wisconsin Department of Transportation: "No [sign] may be illuminated to a degree of brightness that is greater than necessary for adequate visibility." The general philosophy is that dynamic signs should have the same appearance as regular signs both during the day and at night. Additionally, the ordinance contains two other general standards found in Indiana and Ohio regulations, which provide: No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 7 No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. The ordinance includes a process that allows city staff to make the initial determination, but allows a sign owner to appeal this determination to an independent panel. The appeal panel would consist of one person selected by the city, one person selected by the sign owner, and one person selected by the first two people. This approach was discussed at a meeting with sign industry representatives and appears to be generally acceptable. The ordinance currently does not prohibit the use of pure white light, but staff is hopeful that industry representatives will help staff define that term. Application to Existing Signs The ordinance provides that existing dynamic displays must comply with the operational standards. An existing dynamic display that does not meet the percent of sign face requirement may continue as a non-conforming development. An existing dynamic display that cannot meet the 10 inch minimum size requirement must use the largest size possible for one line of copy to fit in the available space. Incentives The ordinance also includes incentives to encourage the removal of non-conforming outdoor advertising signs. The advent of dynamic technology creates an important community planning opportunity. A single dynamic sign can serve the function otherwise performed by multiple traditional billboards. Thus, outdoor advertising companies ought to be encouraged to use dynamic sign displays to consolidate such activities in appropriate locations while removing traditional billboards from areas where large signs are not appropriate. The city of Minnetonka previously made a determination that off-premise signs are no longer allowed in the city because they are inherently distracting and do not serve the need of property owners to identify themselves and their businesses. Those signs remain now as non-conforming uses. State and federal laws severely limit the city's ability to require the removal of those signs. The ordinance allows an off-premises sign to use 100 percent of the message area for dynamic messages and an eight-second message display time if the owner removes two other off-premise signs and commits to keep another sign without dynamic displays, subject to certain minimum size and other conditions. This trade would offset the distraction of a larger message area by removing the inherent distraction from another sign and would reduce the number of non-conforming signs in the city. Because outdoor advertising signs do not have the need for on-premises identification and also will not proliferate since they are not allowed, this approach appears appropriate. Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 8 Public Comments At the writing of this report, the city had received comments about the proposed ordinance from Clear Channel Outdoor and from Roger Brown of Daktronics (see pages A55-56), a manufacturer of dynamic signs. The following summarizes Clear Channel's comments and staff's responses: 1. It is inappropriate to say that outdoor advertising signs are distracting when the city's own consultants have concluded that there can never be definitive proof of a causal connection between dynamic signs and highway accidents. Response: This comment does not recognize that there are two different concepts. No single study has conclusively proven that a particular dynamic display caused particular traffic accidents that otherwise would not have occurred. Because of the number of variables involved and the impossibility of recreating all of them in a laboratory-type setting, that level of proof is impossible. However, studies performed thus far provide more than sufficient support for the city to conclude that outdoor advertising signs are, in fact, distracting to drivers, and that distractions can lead to traffic accidents. 2. The company usually occupies property as a tenant, and it may not have the authority to excavate to remove foundations. Response: The city requires that foundations be removed as part of all other demolition permits. This is done to protect public safety (from tripping over them) and to avoid problems in the future. 3. The surrender of the state permit should be required upon removal of the sign, not upon issuance of the enhanced dynamic display permit. Response: This makes sense, and the change has been made in the ordinance. An additional sentence is added that provides that the enhanced dynamic display cannot begin to operate until proof is provided that the state permit has been surrendered. 4. An enhanced dynamic display permit requires the sign company to commit to never put a dynamic display on another existing sign. What happens if that existing sign is subsequently removed? Response: Subsequent events do not affect the permit. The permit is judged by the circumstances existing at the time the permit is issued. Language was added to the ordinance to clarify this. Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 9 5. The brightness standard of "adequate visibility" may be interpreted to mean a bare minimum when in fact a sign that is too dim may also be distracting because people strain to read it. Response: In an attempt to avoid this unintended interpretation, staff has added two words requested by the company: "No sign may be brighter than is necessary for clear and adequate visibility." The following summarizes Mr. Brown's comments and staff's responses: 1. Signs are expensive and it is unlikely that there will be many area with multiple dynamic signs. Response: As technology advances, these signs will become less and less expensive, just like home computers. This trend has already begun. As Daktronics said last year in its 10-Q filing with the Securities and Exchange Commission, its revenues on the sales of its digital displays to outdoor advertising companies has increased in part because of the lower cost of displays. 2. There is no reason to give off-premises signs a shorter duration time than on- premise signs. Logically the opposite is true because off-premises signs are usually larger. Response: As a general rule, the ordinance is not making any distinction between off- and on-premise signs. However, the ordinance provides a shorter duration as an incentive to eliminate billboards on nearly a 2 to 1 basis and to prohibit dynamic displays on an additional billboard. The city is getting significant public safety enhancements in return for these concessions from the off-premise sign owner. On-premise sign owners are in no position to offer the City the same benefits for that privilege. 3. On-premise signs are smaller and may need multiple frames to communicate most messages. Response: Studies show that drawn-out messages (such as sequential messages) are more distracting than unrelated messages, and the ordinance will not allow them. There is still a reasonable opportunity to provide a concise message. 4. The percent of the sign face and a minimum font size unrelated to distance will make the ability to communicate a message with one frame virtually negligible. Response: Photos in the staff report show examples of existing signs that meet the percent and font size requirements. The font sizes incorporated into the Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 10 ordinance are recommendations directly from the International Sign Association, whose motto is "supporting, improving, and promoting the sign industry." 5. An exception for time and temperature signs is not legal because it is based on content. City staff has misread the law. Response: The 8th Circuit Court of Appeals specifically allowed an exception for time and temperature signs in La Tour v. City of Fayetteville, 442 F.3d. 1094, 1097 (8th Cir. 2006): "We agree with the district court that, because a message displaying the time and/or temperature is short and rudimentary, such a message poses less of a traffic hazard than other messages. In light of all of these reasons, we find the Ordinance to be content-neutral." 6. It is not valid to adopt the 20-minute hold time simply because another city did the same thing. Response: The reasons for the 20-minute duration time are explained. The fact that another city chose the same period after its own thorough study is support, but not the sole reason, for the result. 7. The Small Business Administration (SBA) has found that sales increase with the use of dynamic signs. Response: Even if this is correct, it is not persuasive. Unlike the city, the SBA's goals are marketing and sales, not public safety. 8. A one-second duration is appropriate for an on-premise sign. Animations and video should be allowed in appropriate areas. Response: These suggestions are contrary to the findings of the legitimate safety studies. 8. Requiring the name of the business on the sign is also a prohibited content- based regulation. Response: The ordinance does not require the name of the business on the sign. The ordinance requires only that a permanent message be on the sign, which we presume will be some kind of an identifying message that will increase the likelihood that citizens can find a destination. The sign owner is free to decide what that message is. 9. The reference to the potential for distraction is not an appropriate basis for regulation. Other things can also be distractions. The studies have found no safety hazard. Response: The legitimate studies have found a correlation between dynamic signs and distractions. Those studies have also identified that distractions can Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 11 result in accidents. That is enough to justify regulation. Other things may also cause distractions, but the city has no control over them. Moreover, the Supreme Court has repeatedly emphasized that governments need not choose between attacking all facets of a problem (or none at all). The city has the ability to regulate where it can to minimize the amount of driver distractions. 11. An "8 second hold time is appropriate and in line with Federal and State safety studies." Response: Since December the city, its consultants, and its counsel have been gathering studies that inform the regulation of dynamic signs. Because Mr. Brown's assertion was not borne out by the State and Federal studies that had been collected thus far, we requested Mr. Brown to provide those studies to us. What he provided to us, while voluminous, did not include any Federal and State safety studies that show that an eight-second hold time is appropriate. .:. He referenced a 1980 safety study and a 2001 research review performed by or for the Federal Highway Administration. While those documents note that the data was not conclusive when those reports were issued and that there would be value in further research, they provide far more support for the City's position than for Mr. Brown's position (that "there was no correlation between the usage of the signs and traffic safety."). That is why the city (and, in turn, Judge Zimmerman in District Court) relied on each of those documents in the pending civil action, where the court allowed a substantially longer "hold time" (of one hour) than would be allowed under the proposed amendments. .:. He has also provided two links to web pages on the site of the Small Business Administration, the contents of which he describes as "that organization's findings regarding EMC safety concerns." These do not appear to be the "findings" of any agency, let alone of an agency with special expertise in traffic safety. The content on the SBA's web pages appears to have been provided by "The Signage Foundation for Communication Excellence, Inc.", an organization that is a joint enterprise between sign industry organizations and the SBA. The purpose of those pages, according to the Foundation's webpage, was "to acquaint small business with the value of on-premise signage." While the page regarding safety cites the 1980 Wachtel and Netherton study, the actual text of that study undermines the assertions on the page, particularly when that study is viewed as a whole. The only other study referenced by the Foundation on the page regarding safety was written by a former FHWA official, Richard Schwab. Further investigation shows that the Schwab report was done for the Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 12 Foundation itself and the International Sign Association (whose motto is "supporting, improving, and promoting the sign industry."). .:. The only state agency document that he provided was not the result of a study in any ordinary sense of the term. It is the two-page MnDOT internal technical memorandum that the plaintiff in the pending litigation tried and failed to rely upon in seeking an order allowing it to resume using a dynamic display with an eight-second interval. It simply reflects the application of a formula for applying state billboard spacing requirements in the context of digital displays. On pages 8-9 of his January ruling, Judge Zimmerman explained the very limited significance of that document. Moreover, Scott Robinson of MnDOT has explained to the city's consultants that the memo is not a Mn/DOT policy, statute or rule, but rather it was written to provide internal guidance. .:. Mr. Brown also provided two studies commissioned by the sign industry itself. The first was a study performed for the Outdoor Advertising Association's own foundation, The Foundation for Outdoor Advertising Research and Education, by Suzanne Lee and others at Virginia Tech entitled "Driving Performance in the Presence and Absence of Billboards." The second was "An Examination of the Relationship Between Signs and Traffic Safety," performed by a private consulting firm for the foundation of the United States Sign Council. Neither study focused on digital displays or the special issues that digital displays present. Moreover, the Lee study has been subjected to an extraordinary level of judicial criticism. When rejecting the Lee study's conclusions regarding the supposed absence of a relationship between billboards and traffic safety, a federal judge found that the Lee study "is so infected by industry bias as to lack credibility and reliability." Nichols Media v. Town of Babylon, 365 F.Supp.2d 295, 308 (N.D.N.Y. 2005). Following a full trial in which Ms. Lee was cross-examined regarding the report, the court held that "this conclusion is supported not only by industry involvement in the design and execution of the study but also by the lack of peer review and the fact that there is no other scientific study with the same or similar conclusions regarding driver distraction." Id. Even if the information in the Tantala Group report were more relevant to digital displays, its genesis has much in common with the Lee study. According to the website of the United States Sign Council "if you're in the sign business, USSC is for you. . . . USSC is managed by sign people for the benefit of sign people." .:. Mr. Brown's email also includes a quotation from a "Professor Taylor" at Villanova University, in which he stated that "there appears to be no Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 13 reason to believe that changeable message signs represent a safety hazard." Villanova Professor Charles R. Taylor is a Professor of Marketing. His Villanova web biography states that his nonacademic positions include "consulting" for Clear Channel and Eller Media (Clear Channel Outdoor's predecessor), as well as for outdoor advertising company Magic Media. An expert whose expertise is not traffic safety is not qualified to opine on the subject of traffic safety. Planning Commission Recommendation On June 14, 2007, the planning commission recommended that the city council adopt the ordinance with modifications. (See the minutes on pages AA57-A65.) During discussion by the commission, it was noted several areas required further consideration: . Minimum Display Time The commission felt that there was a need for a definite hold time as to not impact the traveling public; however, they suggested some consideration less than 20 minutes. Staff believes that the hold time is an integral part of the ordinance for at least two reasons. First, from a safety standpoint, it is needed to decrease the tendency (recognized by safety experts) of drivers and pedestrians to stare at signs that they expect to change because, over time, a longer hold time will lower expectations that a sign will change while they are watching it. Second, as dynamic displays become more prevalent (as may occur with on-premise signs in the city), it will be more likely that multiple uncoordinated dynamic displays will be in view at the same time. This will cause one or more distracting changes to be visible every few seconds, thus heightening the distraction. Conversely, the more time between transitions, the less likely multiple signs will cause distraction. . Maximum Dynamic Portion of Sign The planning commission further recommended consideration of signage be allowed to have an increased percentage of dynamic area. Staff has recommended a 35% maximum to address wayfinding issues, and secondarily as an aesthetic consideration as it relates to current city characteristics. If the dynamic portion would be allowed to be 50% or above, staff notes the following points of consideration: Dynamic vs. Wayfinding - An important reason why permits can be issued for on-premise commercial signs (but not off-premise commercial signs) is that, in their customary use, on-premise commercial signs tend to provide a means of finding a location. If the ordinance is changed in a way that makes it relatively easy to temporarily replace the full message of an on-premise sign with another message that wayfinding function would likely be undermined. On-premise signs would more frequently be used for purposes unrelated to wayfinding and more closely related to the purpose of signs no longer permitted in the city (except as grandfathered uses). Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 14 However, the sign owner's interest in using its sign for more than wayfinding can often be accommodated. Staff would submit that the dynamic portion of signage should not be outweighed or equal to the wayfinding purpose of signage. Effects on neighborhood character-In considering these issues, it is important to remember that the proposed amendments would not forbid the placement of dynamic signage in residential districts, and that residential districts are often the home to certain types of conditional uses (such as religious institutions and schools) that are more likely to use dynamic signage, The city must consider effects of signage in areas near neighborhoods or within neighborhoods. Signs in a more urban or densely populated environment, near or visible to existing housing, is a concern. Signs used for conditionally permitted uses, such as religious or educational institutions, could have a direct effect on residential properties. If the dynamic portion of the sign were only one- third of the sign; there is less likelihood for conflicts between land uses. Corridors of Dynamic Signage - Corridors of dynamic signage must be considered. Whether the sign is located on 1-394 or State Highway 7; the potential for a proliferation of dynamic signs is an aesthetic concern. An often cited city goal is to protect the natural environment; staff believes that more dynamic signage allowance is contrary to that goal. . Clarify "Permanent" portion of the Sign The planning commission requested that staff review the dynamic portion language to ensure we have properly defined the portion of the sign that would be considered "permanent." Staff has reviewed the definition of dynamic and finds that the definition is complete in describing the aspects of signage that are at issue. The other portion of the sign, the remaining 65%, may not have dynamic qualities. Staff Recommendation Staff recommends continuing the 20 minute hold time and a 35% maximum dynamic sign face. Staff believes that this ordinance constitutes a major change in sign regulation in Minnetonka, which far exceeds the allowances within the current city code. Only dynamic time, temperature, and events are currently allowed by the code. The approach that staff has presented will allow the city to monitor and experience the use of dynamic signage. At a future point, if there is a need to adjust the allowances, the city will have relatable, visual knowledge of the kind of effect this signage produces. Staff further recommends the city council adopt the ordinance found on pages A43-A54. Submitted through: John Gunyou, City Manager Originated by: Desyl Peterson, City Attorney Meeting of June 25, 2007 Subject: Dynamic Signs Ordinance Page 15 Ron Rankin, Community Development Director Julie Wischnack, AICP City Planner G:IWORDlCC Items 200712007 CC Word Staff Reportslcl97054 Dynamic Signs.07a.DOC ORDINANCE NO. 2007- AN ORDINANCE AMENDING CITY CODE SECTION 300.30 REGARDING DYNAMIC SIGNS The City of Minnetonka Ordains: Section 1. City code ~300.30, subd. 1 is amended as follows: 1. Purpose and Findings. The purpose and findings of the sign ordinance are as follows: a) Purpose: the sign ordinance is intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective communications including business identification. 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 by authorizing: 1) permanent signs which establish a high standard of aesthetics; 2) signs which are compatible with their surroundings; 3) signs which are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; 4) signs which are large enough to convey the intended message and to help citizens find their wav to intended destinations; 5) signs that are proportioned to the scale of, and are architecturally compatible with, principal structures; 6) permanent signs which give preference to the on-premise owner or occupant; and 7) temporary commercial signs and advertising displays which provide an opportunity for grand openings and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right-of-way intersections. b) Findings: the city of Minnetonka 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 The stricken language is deleted; the underlined language is inserted. A43 Dynamic Signage Ordinance Ordinance No. 2007- Page 2 finds: 1) permanent and temporary signs have a direct impact on and 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 viable identification of community businesses and institutions must be established; 4) the safely 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 fire-fighting 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; 8) commercial signs are generally incompatible with residential uses and should be strictly limited in residential zoning districts; and 9) the right to express noncommercial opinions in any zoning district must be protected, subject to reasonable restrictions on size, height, location and number. Section 2. City code ~300.02, subd. 2, is amended by the deletion of the following definitions and the re-numbering of the remaining clauses consecutively. "Message ceRter/time aRd temperature display" a sigR Ra'/ing electrically chaRging copy wRicR displays current time, temperature, and/or public service announcements. "Public service aRRouncement" any sign display intended primarily to promote The stricken language is deleted; the underlined language is inserted. A44 Dynamic Signage Ordinance Ordinance No. 2007- Page 3 items of general iAterost to tne commlomity slolch as time, temporatlolre, date, atmosphcric conditiom:, Dow Jones indm:trial avcrage, ne'Ns, etc. This does AOt iAcllolde aAY iAfermation 'Nnich would De related to commercial prodlolcts or services located at tne display site. "Readerboard sign" aAY sign Raving a messagc not permaneAtly affixed to tno sign face and tnc copy is maAloIally cnangcd. Section 3. City code ~300.30, subd. 2, is amended by the addition of the following definition which is to be inserted alphabetically and the following clauses renumbered consecutively: "Dvnamic displav" -anv characteristics of a siqn that appear to have movement or that appear to chanqe, caused bv anv method other than phvsicallv removina and replacinq the siqn or its components, whether the apparent movement or chanae is in the displav, the siqn structure itself, or anv other component of the siqn. This includes a displav that incorporates a technoloqv or method allowinQ the siqn face to chanqe the imaqe without havinq to phvsicallv or mechanicallv replace the siqn face or its components. This also includes anv rotatinq, revolvinq, movinq, flashinq, blinkinq, or animated displav and anv displav that incorporates rotatinq panels, LED liqhts manipulated throuqh diaital input. "diqital ink" or anv other method or technoloQv that allows the siqn face to present a series of imaqes or displavs. Section 4. City code ~300.30, subd 4(a) is amended as follows: a) Monument identification signs: 1) one sign per development; 2) maximum copy and graphic area as follows: width of adjacent right-of-way less than 100 feet copy and graphic area 100 feet or greater 36 square feet 50 square feet 3) maximum monument area is two times the potential copy and graphic area; The stricken language is deleted; the underlined language is inserted. A45 Dynamic Signage Ordinance Ordinance No. 2007- Page 4 4) copy and graphic display limited to three items of information; (Figure 30- 16) Figure 30-16 5) 15 foot maximum height; and 6) signs which are not internally illuminated shall have light fixtures and sources screened from view;--aflG 7) mess3ge csnlersitime 3nd temper3ture displays permitted but the maximum area for display ie 50 percent of the potential copy and graphic ar-ea of lho menument idenlific3lion sign. Section 5. City Code ~300.30, subd. 10 is amended as follows: 10. Prohibited Signs. The following types of signs are expressly prohibited in all districts: a) roof signs including signs mounted on a roof surface or projecting above the roof line of a structure if either attached to the structure or cantilevered over the structure; b) r-avol'ling and mo':ing eigne cxcept electronic message center/time and tempcrature display eigns according to eubdivision 4 and eearch lights according to subdivision ll; G12) flashing, blinking or animated signs including but not limited to tra':elinglights or any other means not providing constant illumination exoept electronic message center/time and temperature display signs according to subdivision 4 and se3rch lights aooording to subdi'Jision llsiqns with dvnamic displavs except search Iiqhts under subdivision 8 and those allowed under subdivision 14; Gf) portable signs, except temporary signs that are specifically permitted in section 300.30; eg) projecting signs. Wall signs shall be mounted parallel to the building and shall not project more than 18 inches from the face of the building; fg) painted wall signs including signs painted on the face of a structure. Works of art The strioken language is deleted; the underlined language is inserted. A46 Dynamic Signage Ordinance Ordinance No. 2007- Page 5 which are not commercial messages are exempt; !tf) signs attached to trees and utility poles; Rg) signs within public right-of-way except for official traffic signs and those specified in subparagraph 9(k) and (I); ih) signs which are designed to resemble official traffic signs except signs which are used to control traffic on private property; fD abandoned signs or signs other than outdoor advertising structures that advertise an activity, business, product or service no longer available on the premises on which the sign is located; kl) signs attached to fences except athletic field fence panels according to subdivision 1; l.!s) illuminated signs which exhibit any of the following: 1) external illumination that is determined to interfere with safe traffic operations; 2) the sign is directly oriented to any residential district;-eF 3) illumination of a commercial siqn in a residential district. except a siqn used for a conditionallv permitted use: or 4) subd. 2. the level of illumination exceed standards specified in section 300.28, mD signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public streets; am) exterior signs that obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress for any structure; Gn) signs that are in violation of the building code or the electrical code adopted by the city; flQ) blank signs; €I2) merchandise boxes or signs not affixed to a principal structure excluding signs The stricken language is deleted; the underlined language is inserted. A47 Dynamic Signage Ordinance Ordinance No. 2007- Page 6 permitted in subdivision 8(d); fg) outdoor advertising signs are not permitted in any zoning district, except that the provisions of this paragraph do not apply to temporary outdoor advertising signs permitted under Subd. 9 (k) above. Outdoor advertising signs which exist on the effective date of this section shall be considered as nonconforming signs and are subject to standards contained in section 300.29. An outdoor advertising sign is a principal use of property. No permitted or conditionally permitted use or any part of such use may be located on the same parcel of property as such a sign. The parcel on which such a sign is located may not be subdivided to segregate the sign from the remaining property. For the purposes of this paragraph, "parcel of property" means any property for which one property identification number has been issued by the county, or all contiguous properly in common ownership as of October 15, 1997, whichever is greater; and Sr) any sign not expressly permitted by the provisions in section 300.30. Section 6. City code S300.30 is amended by the addition of a new subdivision 14 to read as follows: 14. Dvnamic Displavs. a) FindinQs. Studies show that there is a correlation between dvnamic displavs on siqns and the distraction of hiqhwav drivers. Distraction can lead to traffic accidents. Drivers can be distracted not onlv bv a chanqinq messaqe, but also bv knowinq that the siqn has a chanqinQ messaQe. Drivers mav watch a siqn waitinQ for the next chanqe to occur. Drivers are also distracted bv messaqes that do not tell the full storv in one look. People have a natural desire to see the end of the stOrv and will continue to look at the siqn in order to wait for the end. Additionallv, drivers are more distracted bv special effects used to chanqe the messaqe, such as fade-ins and fade-outs. Finallv, drivers are qenerallv more distracted bv messaqes that are too small to be c1earlv seen or that contain more than a simple messaqe. Time and temperature siqns appear to be an exception to these concerns because the messaqes are short, easilv absorbed, and become inaccurate without frequent chanqes. Despite these public safety concerns, there is merit to allowinq new technoloqies to easilv update messaqes. Except as prohibited bv state or federal law, siqn owners should have the opportunitv to use these technoloqies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where siqns can adverselv impact residential character. The strickon language is deleted; the underlined language is inserted. A48 Dynamic Signage Ordinance Ordinance No. 2007- Page 7 Local spacinq requirements could interfere with the equal opportunitv to use such technoloqies and are not included. Without those requirements, however, there is the potential for numerous dvnamic displavs to exist alonq anv roadwav. if more than one dvnamic displav can be seen from a qiven location on a road, the minimum displav time becomes critical. If the displav time is too short, a driver could be subiected to a view that appears to have constant movement. This impact would obviouslv be compounded in a corridor with multiple siqns. If dvnamic displavs become pervasive and there are no meaninqfullimitations on each siqn's abilitv to chanqe frequentlv, drivers mav be subiected to an unsafe deqree of distraction and sensorv overload. Therefore, a lonqer displav time is appropriate. A constant messaqe is tvpicallV needed on a siqn so that the public can use it to identify and find an intended destination. Chanqinq messaqes detract from this wav- findinq purpose and could adverselv affect drivinq conduct throuqh last-second lane chanqes, stops, or turns, which could result in traffic accidents. Accordinqlv, dvnamic displavs qenerallv should not be allowed to occUPV the entire copv and qraphic area of a siqn. In conclusion, the citv finds that dvnamic displavs should be allowed on siqns but with siqnificant controls to minimize their proliferation and their potential threats to public safety . b) Reaulations. Dvnamic displavs on siqns are allowed subiect to the fOllowinq conditions: 1) Dvnamic displavs are allowed onlv on monument and pvlon siqns for conditionallv permitted uses in residential districts and for all uses in other districts. Dvnamic displavs mav occUPV no more than 35 percent of the actual cOPV and qraphic area. The remainder of the siqn must not have the capability to have dvnamic displavs even if not used. Onlv one, contiquous dvnamic displav area is allowed on a siqn face: 2) A dvnamic displav mav not chanqe or move more often than once every 20 minutes, except one for which chanqes are necessary to correct hour-and-minute, date, or temperature information. Time. date, or temperature information is considered one dvnamic displav and mav not be included as a component of anv other dvnamic displav. A displav of time, date, or temperature must remain for at least 20 minutes before chanqinq to a different displav, but the time, date, or temperature information itself mav chanqe no more often than once every three seconds: 3) The imaqes and messaqes displaved must be static, and the transition The strioken language is deleted; the underlined language is inserted. A49 Dynamic Signage Ordinance Ordinance No. 2007- Page 8 from one static displav to another must be instantaneous without anv special effects: 4) The imaqes and messaqes displaved must be complete in themselves, without continuation in content to the next imaqe or messaqe or to anv other siqn: 5) Everv line of copv and qraphics in a dvnamic displav must be at least seven inches in heiqht on a road with a speed limit of 25 to 34 miles per hour. nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. If there is insufficient room for copv and Qraphics of this size in the area allowed under clause 1 above, then no dvnamic displav is allowed: 6) Dvnamic displavs must be desiqned and equipped to freeze the device in one position if a malfunction occurs. The displavs must also be equipped with a means to immediate Iv discontinue the displav if it malfunctions, and the siqn owner must immediatelv stop the dvnamic displav when notified bv the city that it is not complvinq with the standards of this ordinance; 7) Dvnamic displavs must complv with the briqhtness standards contained in subdivision 15: 8) Dvnamic displavs existinq on (insert the effective date of this ordinance) must complv with the operational standards listed above. An existinq dvnamic displav that does not meet the structural requirements in clause 1 mav continue as a non- conforminq development subiect to section 300.29. An existinq dvnamic displav that cannot meet the minimum size requirement in clause 5 must use the larqest size possible for one line of COpy to fit in the available space. c) Incentives. Outdoor advertisinq siqns do not need to serve the same wav- findinq function as do on-premises siqns. Further, outdoor advertisinq siqns are no lonqer allowed in the citv, and there is no potential that thev will proliferate. Finallv, outdoor advertisinq siqns are in themselves distractinq and their removal serves public safety. The citv is extremelv limited in its abilitv to cause the removal of those siqns. This clause is intended to provide incentives for the voluntarv and uncompensated removal of outdoor advertisinQ siqns in certain settinqs. This removal results in an overall advancement of one or more of the qoals set forth in this section that should more than offset anv additional burden caused bv the incentives. These provisions are also based on the recoqnition that the incentives create an opportunitv to consolidate outdoor advertisinq services that would otherwise remain distributed throuQhout the community. The stricken language is deleted; the underlined language is inserted. A50 Dynamic Signage Ordinance Ordinance No. 2007- Page 9 1) A person mav obtain a permit for an enhanced dvnamic displav on one face of an outdoor advertisinq siqn if the followinq requirements are met: (a) The applicant aqrees in writinq to permanentlv remove, within 15 davs after issuance of the permit. at least two other faces of an outdoor advertisinq siqn in the citv that are owned or leased bv the applicant. each of which must satisfy the criteria of parts (b) throuqh (d) of this subsection. This removal must include the complete removal of the structure and foundation supportinq each siqn face. The applicant must aqree that the citv mav remove the siqn if the applicant does not timelv do so, and the application must be accompanied bv a cash deposit or letter of credit acceptable to the citv attornev sufficient to pav the citv's costs for that removal. The applicant must also aqree that it is removinq the siqn voluntarilv and that it has no riqht to compensation for the removed sian under anv law. (b) The city has not previouslv issued an enhanced dvnamic displav permit based on the removal of the particular faces relied upon in this permit application. (c) Each removed siqn has a copv and qraphic area of at least 288 square feet and satisfies two or more of the fOllowinq additional criteria: (1) The removed siqn is located adiacent to a hiqhwav with more than two reaular lanes and with a qeneral speed limit of 45 miles per hour or qreater, but that does not have restrictions on access equivalent to those of an interstate hiqhwav: (2) All or a substantial portion of the structure for the removed siqn was constructed before 1975 and has not been substantiallv improved: (3) The removed sian is located in a noncommercial zonina district; (4) The removed siqn is located in a special planninq area desiqnated in the 1999 comprehensive plan: or (5) The removed copv and qraphic area is equal to or or qreater than the area of the copv and qraphic area for which the enhanced dvnamic displav permit is souqht. (d) If the removed siqn face is one for which a state permit is required bv state law, the applicant must surrendered its permit to the state upon removal of the siqn. The siqn that is the subiect of the enhanced dvnamic displav permit cannot beqin The stricken language is deleted; the underlined language is inserted. A51 Dynamic Signage Ordinance Ordinance No. 2007- Page 10 to operate until proof is provided to the citv that the state permit has been surrendered. (e) The applicant must agree in writing that no dvnamic displavs will ever be used on one additional outdoor advertisinq siqn that has a copv and qraphic area of at least 288 square feet in size. This aqreement will be bindinq on the applicant and all future owners of the sian. If the sign is subsequentlv removed or destroved and not replaced, the holder of the enhanced dvnamic displav permit is not required to substitute a different sign for the one that no lonqer exists. 2) If the applicant complies with the permit requirements noted above, the citv will issue an enhanced dvnamic displav permit for the desiqnated outdoor advertisinq siqn. This permit will allow a dvnamic displav to occupv 100 percent of the potential copv and qraphic area and to chanqe no more frequentlv than once everv eiqht seconds. The desiqnated siqn must meet all other requirements of this ordinance. Section 7. City code 9300.30 is amended by the addition of a new subdivision 15 to read as follows: 15. Briahtness Standards. a) All siqns must meet the followinq briqhtness standards in addition to those in subdivision 10: 1) No siqn mav be briqhter than is necessarv for clear and adequate visibilitv. 2) No siqn mav be of such intensity or brilliance as to impair the vision of a motor vehicle driver with averaqe evesiqht or to otherwise interfere with the driver's operation of a motor vehicle. 3) No siqn mav be of such intensity or brilliance that it interferes with the effectiveness of an official traffic siqn, device or siqnal. b) The person owninq or controlling the sign must adiust the siqn to meet the briqhtness standards in accordance with the citv's instructions. The adiustment must be made immediate Iv upon notice of non-compliance from the citv. The person owninq or controllinq the siqn mav appeal the citv's determination throuqh the fOllowinq appeal procedure: 1) After makinq the adiustment required bv the city, the person owninq or controllinq the siqn mav appeal the citv's determination bv deliverinq a written appeal to the city clerk within 10 davs after the city's non-compliance notice. The written appeal The stricken language is deleted; the underlined language is inserted. A52 Dynamic Signage Ordinance Ordinance No. 2007- Page 11 must include the name of a person unrelated to the person and business makinq the appeal. who will serve on the appeal panel. 2) Within five business davs after receivinq the appeal, the citv must name a person who is not an official or emplovee of the citv to serve on the appeal panel. Within five business davs after the citv names its representative, the city's representative must contact the siqn owner's representative, and the two of them must appoint a third member to the panel. who has no relationship to either partv. 3) The appeal panel mav develop its own rules of procedure, but it must hold a hearinq within five business davs after the third member is appointed. The citv and the siqn owner must be qiven the opportunitv to present testimonv, and the panel mav hold the hearina, or a portion of it. at the siqn location. The panel must issue its decision on what level of briqhtness is needed to meet the briqhtness standards within five business davs after the hearinq commences. The decision will be bindinq on both parties. c) All siqns installed after (insert the effective date of this ordinance) that will have illumination bv a means other than naturalliqht must be equipped with a mechanism that automaticallv adiusts the briqhtness in response to ambient conditions. These siqns must also be equipped with a means to immediatelv turn off the displav or Iiqhtinq if it malfunctions, and the siqn owner or operator must immediatelv turn off the siqn or Iiqhtinq when notified bv the citv that it is not complvinq with the standards in this section. Section 8. A violation of this ordinance is subject to the penalties and provisions of Chapter XIII of the city code. Section 9. This ordinance is effective upon adoption. Adopted by the city council of the City of Minnetonka, Minnesota, on June 25,2007. Janis A. Callison, Mayor ATTEST: The stricken language is deleted; the underlined language is inserted. A53 Dynamic Signage Ordinance Ittt--t.t. h ~~(\ r 7 ORDINANCE NO. 416 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA REGARDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBD. 28 ENTITLED REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER I and 11.99. The City Council of the City of Eagan does ordain: Section I. Eagan City Code Chapter II is hereby amended by revising Section 11.70, Subd. 28, to read as follows: Subd. 28. Placement, erection and maintenance of signs. A. Purpose, construction and definitions. I. Purpose. The purpose of this section shall be to regulate the placement, erection and maintenance of signs in the city so as to promote the health, safety and general welfare of the residents of the city. 2. Construction. All terms and words used in this section shall be given their commonsense meaning considered in context, except as hereinafter specifically defined. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: (a) Business sign means any sign upon which there is any. name or designation that has as its purpose business, professional or commercial identification and which is related directly to the use of the premises upon which the sign is located. (b) Freestanding ground sign means a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground and completely independent of any building or other structure. Any business freestanding ground sign which projects more than seven feet above ground level is considered a pylon sign. (c) Governmental sign means any sign placed, erected or maintained by a governmental entity or agency for identification of or directions to a public facility or street or for traffic control or general public services. (d) Local street means a street within the city, which is not functionally classified within the City's Comprehensive Guide Plan as a principal arterial, "A" minor arterial, "B" minor arterial, major collector or minor collector. (e) Nonbusiness sign means any sign such as a personal nameplate or designation as for residences, churches, schools, hospitals, traffic or road signs, which do not contain advertising and are directly related to the premises upon which they are located. (f) Off-premises sign means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered somewhere other than on the property upon which the sign is located. (g) Product sign means any sign upon which there is any brand name, trademark, logo, distinctive symbol, designation or advertising which has as its purpose the promotion of any business, product, goods, activity or service. Product signs shall be subordinate to business signs. (h) Public right-oj-way or public rights-oj-way means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the city owned by or under control of the city, or dedicated or otherwise conveyed to the city for general public use. (i) Pylon sign means a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter, and are subject to all conditions, regulations and fees required for conditional uses. G) Sign means any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting. (k) Sign area means the gross area, exclusive of supportive frame, which contains copy or identifying features such as a logo, character or identifying figure. The gross area shall be calculated as an enclosed area bounded by no more than 12 straight lines. (1) Sign height means the distance from the lowermost ground point to which the sign is attached, to the highest point on the sign. (m) Trail means any paved surface within the public right-of-way, outside of the paved street surface, used by pedestrians and cyclists. B. Permitted uses. 1. Location oj business signs. Business signs are permitted on property zoned business, industrial, agricultural, public facilities, RD or PD only in conjunction with an approved business, industrial or agricultural use. z, 2. Location of business signs in residential areas. Business signs are permitted in residentially zoned areas or areas of PD designation for residential use only under the following cases: (a) "For sale" or "for rent" signs, four feet by four feet or smaller, advertising the premises upon which such sign is located. (b) Real estate "for sale" signs, not over 100 square feet, of a land developer, which are located upon the premises offered for sale. (c) Area identification signs for major apartment complexes. C. General Sign Standards. 1. Construction and erection of signs. All signs shall be constructed and erected in a good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by professional signmakers. 2. Location on private property. No sign shall be erected, placed or located upon private property without the permission of the property owner or the lessee. 3. Location to property line. No business sign shall be located nearer than ten feet from any property or dividing line. 4. Location on public property. No sign, other than governmental signs, shall be placed upon any city owned public property, or railroad right-of-way. No sign, other than governmental signs, shall be affixed to any utility pole. 5. Moving parts, lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature, governmental signs, and dynamic display signs allowed under subdivision K below. 6. Obstruction of vision. No sign shall be erected or maintained in such place and manner as obstructs driver vision or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location. 7. Painted signs on buildings. No signs are allowed which are painted directly upon the walls of a building. 8. Placement within public right-of-way. No sign other than governmental signs, shall be located within any city owned public right-of-way, except as follows: (a) Residential name and address signs may be located within the public right-of- way when such signs are attached to mail boxes, private lampposts or the like. ~ (b) Non-business signs may be placed in the public right-of-way of a local street only if the sign is located more than ten feet from the back of the street curb where no trail exists or more than 25 feet from the back of the curb where a trail exists. 9. Source of lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic. D. Off-premises signs. 1. No off-premises sign shall be permitted in any zone within the city except as permitted under this sub-paragraph. 2. The owner of an existing off-premises sign may construct a new off-premises sign pursuant to a conditional use permit issued in accordance with the provisions of chapter II of the City Code, and under the following criteria: (a) No sign will be permitted which increases the number of signs beyond the number of signs depicted in table A (which follows this section), as amended from time to time. (b) No sign shall be permitted which increases the total square footage of all signs beyond the number of total square feet depicted in table A (which follows this section), as amended from time to time. (c) No sign shall be permitted which increases the total number of sign surfaces beyond the total number of sign surfaces depicted in table A (which follows this section), as amended from time to time. (d) The maximum square footage of a sign shall be 250 square feet; however, the city may allow a sign in excess of 250 square feet upon (i) the reduction of the total number of signs, square footage or surface areas depicted in table A (which follows this section), as amended from time to time, and (ii) amendment to said table A to reflect such reduction, and (iii) further, so long as the total square footage of all signs is not increased beyond the total of sign square footage depicted in said table A, at the time of application for a new sign. (e) No sign shall be located nearer to any other off-premises sign than 1,500 lineal feet on the same side of the street or 300 lineal feet on the opposite side of the street. (f) No sign shall be located on a platted lot which contains a business sign. (g) No sign shall be located within 300 feet of any freestanding ground sign or pylon sign. (h) No sign shall be located within 200 feet of any residentially zoned district. "i (i) No sign or any part thereof shall exceed 40 feet in height as measured from the land adjacent to the base of the sign. 3. Any new off-premise sign permitted under this paragraph, shall not be placed upon any property upon which a building or structure already exists. 4. Any new off-premise sign permitted under this paragraph, above, shall be located only on property zoned for business or industrial use. 5. Any off-premise sign now existing or permitted to be constructed shall be removed prior to the city approving the platting of the property upon which the sign is located or prior to the city issuing a building permit for the construction of a structure upon the property upon which the sign is located, whichever occurs earlier. 6. Any new off-premise sign pursuant to a conditional use permit issued hereunder shall be subject to the provisions governing conditional use permits as set forth elsewhere in this chapter. E. Building-mounted, window/door and temporary business signs, standards. I. Building signs on single-tenant buildings and end units in multi-tenant buildings. On single-tenant buildings, no more than three total signs, distributed on up to two elevations, are allowed in the following combinations, not to exceed the allowed sign area based on zoning: (a) One elevation displaying a business name sign, and one elevation displaying a business name and a product name sign for a total of three signs; or (b) One elevation displaying a business name sign, and one elevation displaying either a business name or a product name sign for a total of two signs; or (c) One elevation displaying a business name sign or a product name sign for a total of one sign; or (d) Two signs, each displaying a separate business name if two tenants are occupying one unit space for a total of two signs on one elevation. 2. Building signs on interior units of multi-tenant buildings. On multi-tenant buildings, no more than two signs per tenant on one elevation are allowed in the following combinations, not to exceed the allowed sign area based on zoning: (a) One sign displaying a business name, and one sign displaying a product name for a total of two signs on one elevation; or (b) Two signs, each displaying a separate business name if two tenants are occupying one unit space for a total of two signs on one elevation; or S" (c) One sign displaying a business name for a total of one sign on one elevation; or (d) One sign displaying a product name for a total of one sign on one elevation. 3. Design similarity. All business signs mounted on a building shall be similar in design. 4. Multi-tenant building signage. Building facade signage on multi-tenant buildings shall be evenly distributed between all tenants. 5. Product name signs. Product name signs shall be subordinate to business name signs. 6. Roof signs. No sign mounted upon a building is allowed to project above the highest outside wall or parapet wall. 7. Roof signs in BP and RD districts. In BP and RD districts, no roof signs shall be allowed. 8. Sign area. No signs or combination of signs mounted upon a building shall cover in excess of ten percent of the gross area of a side in the RD and BP zoning districts, and 20 percent of the gross area of a side in all other zoning districts, where business signs are allowed. A sign displayed on or in any window shall not occupy more than 25 percent of the area of the windows and/or doors on the side of the building on which the window sign is displayed. The area of a window/door sign shall be included in the calculation of the sign area allowed for building-mounted signs provided herein and shall not exceed the applicable sign area permitted. Window/door signs shall be allowed only on the building facade that has building-mounted signage. No window or door sign, in whole or in part, shall be displayed in the area of the window or door that is higher than four feet and less than six feet, as measured vertically, from the finished interior floor elevation. Any sign not exceeding a two square feet area that depicts Open/Closed or hours of operation shall be exempt from permit and permit fee requirements. The permit fee for a window or door sign shall be required only with the first window or door sign displayed by the applicant unless additional signs or signs in new locations are displayed. 9. Sign projection. No sign mounted upon a building is allowed to project more than 18 inches from the vertical surface of the building. 10. Temporary signs for special business sales. Any commercial use may have up to three signs for the purpose of promoting a special sales event, provided the signs may not be displayed for no more than ten days within a 60-day period. The 60-day period shall commence on the first day of posting a temporary sign and conclude 60 days thereafter. The temporary signs shall not exceed an aggregate total area of 25 square feet. The sign permit application shall specify the days, not to exceed ten, on which the temporary sign will be displayed. (, 11. Canopy signage. Canopy signage is limited to the bnsiness name and/or logo, and shall not exceed 20 percent of the canopy facade, excluding corporate color raceway. No more than one canopy sign for each street frontage shall be permitted on a canopy for the business located upon the property; illumination is limited to business name and/or logo. F. Freestanding business signs, standards. 1. Freestanding ground signs. Up to one allowed per building. Such signs shall be limited to seven feet total height, with four-foot maximum height of sign area. 2. Pylon signs. Up to one allowed per building. When used, a pylon sign is allowed in lieu of a freestanding sign. No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. No pylon signs shall project more than 27 feet above the lot level, roadway level, or a specified point between the two levels as determined by the council. The level used shall be based upon visibility factors from the adjacent roadway(s). The applicant shall submit diagrams, drawings, pictures and other information requested by the city prior to action by the council upon the application. No pylon sign shall exceed 125 square feet in area per side except pylon signs authorized under subparagraph C, below. In the RD and BP districts, no pylon signs shall be allowed. 3. Major complex. When an area identification is required, such as for a shopping center, major apartment complex, or major industrial building, up to one freestanding or pylon sign may be allowed for each major adjacent street. The council shall determine the maximum size after reviewing the applicable conditions including terrain, safety factors, etc. 4. Freeway locations. An on-premises pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the city. Any business that acquires a permit to erect a pylon sign for freeway identification may be allowed an additional freestanding ground sign to be located on the side of the property opposite of the freeway. All signs must comply in all other respects with the provisions of this section. A freeway shall be defined as a principal arterial highway as defined in the comprehensive plan. 5. Multi-lot developments. In multi-lot developments, the design and placement of monument and directional signs shall be coordinated through an overall signage plan. G. Exemptions. Notwithstanding any other provisions of this section, the following signs are exempt from the permit or fee provisions of this section. No exempt sign shall exceed 16 square feet of area except where stated below: 1. For sale, lease, or rent signs of real estate when located on the property advertised, and when under 16 square feet in total copy area. 2. Church, hospital, or school directional signs, less than six square feet in total copy area. ; 3. One on-property church sign for each church site. 4. Signs warning of hazardous conditions. 5. Simple information signs, such as "exit," "loading dock," etc. 6. Simple nameplate signs on or over the entrance to a place of business or used to identify the parking area of a place of business. Not to exceed three square feet in gross area. 7. Signs erected by a recognized unit of government having jurisdiction in the city, or a school district within the boundaries of the school district. 8. Political signs for a period of up to ten days after an election, provided such signs contain the name and address of the individual responsible for erecting and removing the sign. 9. Temporary signs for special civic events or garage or neighborhood sales, for a period not to exceed 20 days. H. Nonconforming signs. 1. The protective inspections department shall order the removal of any sign erected or maintained in violation of the law as it existed prior to the effective date of this section. Removal shall be in accordance with this subdivision. 2. Other signs existing on the effective date of this section and not conforming to its provisions, but which did conform to previous laws, shall be regarded as nonconforming signs which may be continued if properly repaired and maintained as provided in this section and if in conformance with other provisions of the City Code. If said signs are not continued with conformance of above, they shall be removed in accordance with this subdivision. 1. Sign permits and fees. 1. Sign permits. No signs, except those specified in this subdivision, above, shall be erected or maintained anywhere in the city without first obtaining a sign permit. 2. Application, permit and fees. A formal application together with accompanying documents prescribed by the city shall be submitted to the city to obtain a sign permit. Permit fees are as adopted by resolution of the city council and shall accompany the permit application. If any sign is placed, erected, or installed without first obtaining a sign permit, then the permit fee shall be the amount equal to two times the permit fee. 3. Review of applications. The community development department shall consider approval of all sign permit applications, except that applications for approval of permits for advertising signs, pylon signs and any sign requiring a variance shall be submitted to the council for final approval. Freestanding signs exceeding seven feet in height shall require a footing and e foundation inspection by the protective inspections division and all building code requirements shall be met. 4. Return of the fees. In the event said application shall be denied, the city shall return the applicant's permit fee, less a reasonable amount determined by the council which shall be retained as an administrative cost. J. Removal. All signs which have not been removed within the designated time period may after due notice be removed by the city, and any expense incurred thereof may be charged to the sign owner or assessed against the property on which they are located. K. Dynamic Display Signs. 1. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Drivers are also distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. Local spacing requirements could interfere with the equal opportunity to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact would obviously be compounded in a corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, a longer display time is appropriate. A constant message is typically needed on a sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driving conduct through last-second lane changes, stops, or turns, which could result in traffic accidents. Accordingly, dynamic displays generally should not be allowed to occupy the entire copy and graphic area of a sign. q In conclusion, the city finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. 2. Dynamic display sign means any sign, except governmental signs, with dynamic display characteristics that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign surface to change the image without having to physically or mechanically replace the sign surface or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign surface to present a series of images or displays. 3. Dynamic display signs are allowed subject to the following conditions: (a) Dynamic display signs are subordinate to off-premises signs, monument and pylon signs, and business signs. Dynamic displays must not be the predominant feature of the sign surface. The remainder of the sign must not have the capability to have dynamic displays even if not used. Dynamic display signs are allowed only on monument and pylon signs for conditionally permitted uses in residential districts and for all uses in other districts, subject to the requirements of this Section 11.70. Only one, contiguous dynamic display area is allowed on a sign surface; (b) A dynamic display may not change or move more often than once every 20 minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. Time, date, or temperature information is considered one dynamic display and may not be included as a component of any other dynamic display. A display of time, date, or temperature must remain for at least 20 minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three seconds; (c) The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects; (d) The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign; (e) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. If there is insufficient room for copy and graphics of this size in the area allowed under clause (a) above, then no dynamic display is allowed; (1) Dynamic display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to \0 immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance; (g) Dynamic display signs must comply with the brightness standards contained in subdivision L below; (h) Dynamic display signs existing on (insert the effective date of this ordinance) must comply with the operational standards listed above. An existing dynamic display that does not meet the structural requirements in clause (b) may continue as a non- conforming development subject to section (insert ordinance section number). An existing dynamic display that cannot meet the minimum size requirement in clause (e) must use the largest size possible for one line of copy to fit in the available space. (i) Exceptions. Recognizing that some dynamic displays, such as those used in point of sale dispensers, interactive vending machines and ATMs, often need to change images more frequently than defined by this ordinance in order to perform their intended function and that such image changes can occur in a manner in which they do not create distractions for drivers, dynamic displays with a total area of less than 160 square inches at any point of sale dispenser, interactive vending machines or ATM may be fully animated, provided they do not flash or blink in a manner clearly visible from the roadway and provided they either meet or exceed the building setbacks for the zoning district in which they are located or are at least 30' from the public right of way, whichever is greater. 4. Incentives. Off-premises signs do not need to serve the same way-finding function as do on-premises signs; they are restricted in number by the city; and they are in themselves distracting and their removal serves public safety. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off-premises signs in certain settings. This removal results in an overall advancement of one or more of the goals set forth in this section that should more than offset any additional burden caused by the incentives. These provisions are also based on the recognition that the incentives create an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout the community and expand the function of off-premises signs to serve a public purpose by providing community and public service messages. A. Incentive Option A - Reduction of Sign Surfaces (a) A person may obtain a permit for an enhanced dynamic display sign on one surface of an existing off-premises sign if the following requirements are met: (i) The applicant agrees in writing to reduce its off-premises sign surfaces by one by permanently removing, within 15 days after issuance of the permit, one surface of an off-premises sign in the city that is owned or leased by the applicant and is depicted in table A (which follows this section), which sign surface must satisfy the criteria of parts (ii) and (iii) of this subsection. This removal must include the complete removal of the structure and foundation supporting each II removed sign surface. The applicant must agree that the city may remove the sign surface if the applicant does not timely do so, and the application must identify the sign surface to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city's costs for that removal. The applicant must also agree that it is removing the sign surface voluntarily and that it has no right to compensation for the removed sign surface under any law. Replacement of an existing sign surface of an off-premises sign with an enhanced dynamic display sign does not constitute a removal of a sign surface. (ii) The city has not previously issued a dynamic display sign permit based on the removal of the particular sign surface relied upon in this permit application. (iii) If the removed sign surface is one for which a state permit IS required by state law, the applicant must surrendered its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until proof is provided to the city that the state permit has been snrrendered. (b) If the applicant complies with the permit requirements noted above, the city will issue an enhanced dynamic display sign permit for the designated off-premises sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than once every eight seconds. The designated sign must meet all other requirements of this ordinance. B. Incentive Option B - Provision of Community and Public Service Messaging (a) A person may obtain a permit for an enhanced dynamic display sign on one surface of an existing off-premises sign if the following requirements are met: (i) The enhanced dynamic display sign replaces an existing surface of an existing off-premises sign; (ii) The city has not previously issued a dynamic display sign permit based on the replacement of the particular sign surface relied upon in this permit application. (iii) The applicant shall enter into an agreement with the city to provide to the city no less than 5 hours (2250 eight -second spots) per month per enhanced dynamic display sign in the city for community and public service messages at such times as shall be determined by the city. (b) If the applicant complies with the permit requirements noted above, the city will issue an enhanced dynamic display sign permit for the designated off-premises sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and IZ- graphic area and to change no more freqnently than once every eight seconds. The designated sign must meet all other requirements of this ordinance. L. Brightness Standards. 1. All signs must meet the following brightness standards: (a) No sign may be brighter than is necessary for clear and adequate visibility. (b) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. (c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. 2. The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city's instructions. The adjustment must be made immediately upon notice of non-compliance from the city. The person owning or controlling the sign may appeal the city's determination through the following appeal procedure: (a) After making the adjustment required by the city, the person owning or controlling the sign may appeal the city's determination by delivering a written appeal to the city clerk within 10 days after the city's non-compliance notice. The written appeal must include the name of a person unrelated to the person and business making the appeal, who will serve on the appeal paneL (b) Within five business days after receiving the appeal, the city must name a person who is not an official or employee of the city to serve on the appeal paneL Within five business days after the city names its representative, the city's representative must contact the sign owner's representative, and the two of them must appoint a third member to the panel, who has no relationship to either party. (c) The appeal panel may develop its own rules of procedure, but it must hold a hearing within five business days after the third member is appointed. The city and the sign owner must be given the opportunity to present testimony, and the panel may hold the hearing, or a portion of it, at the sign location. The panel must issue its decision on what level of brightness is needed to meet the brightness standards within five business days after the hearing commences. The decision will be binding on both parties. 3. All signs installed after (insert the effective date of this ordinance) that will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the city that it is not complying with the standards in this section. IJ TABLE A TABLE INSET: Surfaces SF/ SF Ref Address (PID #) Location Surface Total # 2750 Sibley Mem. 1-494 between Hwy. 13 & 2 624 1,248 1 Hwy. Pilot Knob Rd. (103288501001) 2750 Sibley Mem. 1-494 between Hwy. 13 & 2 672 1,344 2 Hwy. Pilot Knob Rd. (103288501001) 2950 Hwy. 55 Hwy. 55, junction with 2 250 500 3 (100010001055) Hwy.149 3875 Sibley Mem. Hwy. 13, between Cedar 2 250 500 4 Hwy. Ave. & Rahn Rd. (100190001102) 4151 Sibley Mem. Hwy. 13, between Cedar 1 250 250 5 Hwy. Ave. & Diffley Rd. (100190001356) 3700 Cedar Ave. Hwy. 77, north of Hwy. 13 2 378 756 6 (100180001156) (on railroad) 2196 Cedar Ridge Hwy. 77, between Diffley 2 378 756 7 Court Rd. and Cliff Rd. (101682102001) 3801 Sibley Mem. Hwy. 77, north of Hwy. 13 2 378 756 8 Hwy. (107550001000) Soo Line right of way, 480 480 1181 Trapp Rd. south of 1-494 and west of 1 9 (beyond NE Corner) Hwy. 55 (1) {20} {20} (102250005108) (added 9/5/99) 1255 Trapp Rd. 1-494, junction ofI-35E 2 378 756 10 (1022250014001) 2750 Eagandale Blvd. Soo Line right-of-way, 2 360 720 11 (beyond NW Hwy. 55, west ofI-35E Corner) (102250014307) 14 Section 2. Ordinance No. 412 as adopted June 19, 2007 is hereby rescinded in its entirety. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council Maria Petersen Its: City Clerk By: Mike Maguire Its: Mayor By: Date Ordinance Adopted: October 2, 2007 Date Ordinance Published in the Legal Newspaper: October 6, 2007 Date of Advisory Planning Commission Hearing: September 25, 2007 15" 2030 Comprehensive Plan City of Maplewood MEMORANDUM To: From: Subject: Date: ActIng City Manager Ken Roberts. Planner Comprehensive Plan - Land Use Plan March 26. 2008 INTRODUCTION On March 18th, the city held a joint meeting with the City Council and all of the City's boards and commissions to discuss Maplewood's critical and sensitive natural resources. The group heard a presentation about identifying and planning natural resource corridors. From this presentation, the group reviewed and discussed the idea of corridor planning as a way to protect and nurture the City's most valuable natural resources areas. After this joint meeting, the Planning Commission held its regular meeting and discussed their thoughts on how to incorporate natural resources into the comprehensive plan, and other ideas for future land use. DISCUSSION At the April 1 Planning Commission meeting, city staff and MFRA will present a draft land use map incorporating the streamlined land use categories. The consultants will give an overview about the "cleaning up" process of the designations for certain parcels in the City. The staff of MFRA will present multiple future land use concepts for areas that staff and the consultants determined as needing more study. Finally, we will discuss land use options for the south Maplewood area and the ramifications of each potential land use option. This includes talking about implementation tools and how they could affect the development process. RECOMMENDATION Be prepared to give your thoughts and opinions on the information the city staff and consultants have presented to date. The planning commission and staff will be asked to react and discuss potential land use options and priorities for all of Maplewood and especially for south Maplewood. Also, be prepared to react to and discuss the impacts the concepts presented at the April 1 meeting could potentially have on Maplewood. Reviewing notes from previous meetings and bringing any materials that staff previously handed out will help you in preparation for Aprill. If you have any questions about the comprehensive planning process, please contact Tom Ekstrand, Senior Planner, at 651-249-2302 or Tom.Ekstrand@cLmaplewood.mn.us or Ken Roberts, Planner at 651-249-2303 or Ken.Roberts@cLmaplewood.mn.us. .FHA CIITOF-"L.\.P.l.EU'OOD 2n~n