05-632Council File # �`5� �C 3 2
Ordinance #
Crreen Sheet # �a-� ��Ja-
ORDINANCE
CITY OF
Presented By
Keferred To
Committee Date :
2 An ordinance amending certain sections of Legislative Code Chapter 64
3 pertaining to the regulation of signs by: Deleting the zoning administrator's duty
4 regarding an inventory of advertising signs and collecting fees for that purpose
5 [Leg. Code §§ 64.201 (fl and (g)]; Adding new language clarifying the
6 requirement to hold a license in order to rent signs and increasing the fee for such
7 licenses [Leg. Code §§ 64.202(a) and (t)]; Exempting certain sign types from the
8 pernut requirement [L.eg. Code §§ 64.204(a) and (e)]; Adding addiUOnal
9 requirements for abandoned signs [I.eg. Code § 64.205]; Adding new language
10 requiring a pernut for all temporary and portable signs [L,eg. Code § 64.419(c)],
11 and; Deleting permit exemption for cloth signs and banners and deleting obsolete
12 language requiring a license to install or place a portable sign [Lzg. Code §
13 64.419(d)].
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PAUL, MINNESOTA
Section 1
That Legislative Code §§ 64.201(f� and (g) are hereby amended to read:
Sec. 64.201. Duties of zoning administrator.
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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That Legislative Code §§ 64.202(a) and (e) is hereby amended to read:
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Sec. 64.202. Licensing.
(a) General. No person engaging in or seeking to engage in the business of erecting or
installing, repairing, maintaining or constructing any sign or sign structure ar offerine for
rent anv si�n, within the limits of the city shall so operate without a si n
contractor/operator license issued in accordance with the provisions of this section. If
siQns aze offered for rent, the license application shall inciude the total number of sienfs)
offered for rent in the city and, if anv are attached to a stationarv structure or object, a
detailed list must be �rovided including the location, size, description and number of
sign(s) at each location.
(e) Fees. Any person fulfilling all qualifications and regulations stated herein and upon
payment of a fee of one hundred fifty ($150.00) . shall be issued
a license under the provisions of this section.
Section 3
That L,egisiative Code §§ 64.204(a) and (e) is hereby amended to read:
Sec. 64.204. Exemptions.
The following signs shall not require a pernut. These exemptions sha11 not be construed as
relieving the owner of the sign from the responsibility of its erection and maintenance, and its
compliance with the provisions of this chapter or any other law or ordinance regulating the same.
(a) The changing of the messaee on the display surface of signs that are desi ned to
have chaneeable covv.
Page 2 of 5
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Section 4
That Legislative Code § 64.205 is hereby amended to read:
Sec. 64.205. Abandoned signs.
Any business sign which advertises, identifies or pertains to an activity no longer in existence
shall be removed by the owner of the property within thirty (30) days from the time the activity
ceases existence bv removin t�si ng face• paintin te he sien face a neutral color or installing
blank sien face uanels. This provision does not apply to seasonal activities during the regular
periods in which they are closed if the si¢n face is not re-used within one year, the remaining
si¢n structure must be removed unless the zonine administrator erants an extension subiect to the
owner submitting a statement of intent and a reasonable time line for re-use of the sign structure.
Section 5
That Legislative Code § 64.419 is amended to read:
Sec. 64.419. Temporary and nortable signs.
(c) . A sien pernut shall be required for a11 temporary and portable
si�ns.
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� It is unlawful for any person, firm ar corporation to suspend or proiect anv cloth
or banner sien of any ty�e whatever over a street, alley or other public rp opertv for
the �umose of business advertisement.
� Temporar�nermission shall be allowed for a cloth or banner sien three (3)
nonconsecutive times per calendar year for a neriod of not more than ninet,�
da�ner time.
� No cloth or banner sign shall exceed a total of one hundred twenty (1201 sc�uare
feet in area, and there sha11 be no more than one such sien for an t�y (201 feet
of fronta e of anv buildine frontine on public rp onertk
� Su�port. Temporary cloth and banner signs shall be su�ported and attached with
wire ro ep or equivalent with a minimum diameter of three-eiehths (3/81 inch. No
strings, fiber roroes or wood slats shall be nernutted for sup�ort or anchorage
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nuivoses. Cloth signs and panels shall be perforated over at least ten f 101 ep rcent
of the area to reduce wind resistance.
Siens that span a public roadway cannot be attached to citv lieht poles or traffic
signal poles. Written nermission to attach a banner to a buildine must be obtained
from the building owner. The citv forester must approve a banner before it ma �}_be
attached to any tree on public property. Excention: Temporary siens over np �vate
property not exceeding sixty (601 square feet shall be supported and attached with
wire rope and shal] meet the requirements of para�raph (2) throueh (4) and (61 of
this section.
� Projection. Cloth siens and banners mav extend over up blic property and shall
maintain a minimum clearance of twenty (20) feet, provided permission has been
granted by the zonin� administrator.
Section 6
This ordinance shall become effecUve thirty (30) days after its passage, approval and publication.
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Requested by Department of:
Adoption Certified by Council Secretary
BY:
Approved r: Date Z � ��
By:
By:
Form Approved by City Attorney
By: �G.1. l.� 2—(S_ o G
Approved by Mayor for Submission to Council
By:
OS- 63
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
LP — LiceuseMspection/Envimn Prot � OSJUL-05
Conpd person 8 Phone:
Wendy Lane �
2669081
Must Be on Council Agenda by (Date):
ToWI # of Signature Pages
�►
0.ssign
Number
Fo[
Routing
Order
Green Sheet NO: 3027232
oepartme`rt SentTOPerson Initial/Date
0 icens ns 'o nviron Pro �-O.i �j
v
1 icense/Ins ectiodEnviron Pro D arhnent DireMOr
2 i Attoro ��s •/� �u—
3 a or's Ofiice ' Ma od ssistant
4 ncil
5 Clerk i Clevk
(Clip All Locations for Signature)
Approval of an ordinance pertaining to the regulation of advertising signs. The legislation changes current SPLC regazding rental
signs, exemptions, abandoned signs, noncomforming billboazds, portabie signs and cloth signs and banners. The legislarion also
changes responsibility for conducting an inventory of e�sting signage in the City and granting variances for signs.
Recommendations: Approve (A) or F
Planning Commission
CIB Committee
Civil Service Commission
Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this personffirm eve� been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally passessed by any
arrent cily employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �
This legislarion would s4eamline ffie enforcement process for rental signs, clarify the requirement for removing abandoned signs and
require a pernut for temporary billboaid extensions.
Advantastes !f Appraved:
DisadvantageslfApproved:
JUL 0 6 2���
MAYOR'S OFFICE
DisadvanWges If Not Approved:
�oWl Amount of
Transaction:
Fundinst Source:
Fi nancial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
Must
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Sign Clutter Hurts Business
If You Do Not Shop at the Midway
Shopping Centers Very Often, Why Not?
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Midwav Rosedale
Land Area 72 Acres 72 Acres
Assessed Value $65 million $153 million
�vww.universitvuuited.com Brian McMahon (651) 647-6711
August 3, 2005
To: The Mayor and City Council Members, City of Saint Paul
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Re: Additional controls on Billboards within the City
JET Construction & Remodeling, Inc., began business in Saint Paul almost twenty yeazs ago, and
has grown to our current fifteen employees and nearly $3 million in annual volume. A majority
of our employees live in the city, and most of our projects are here as well. In 2001, my partners
and I purchased the property at the corner of Ox£ord and Selby, across the street from the J.J. Hill
Elementary School. You may not be able to picture our building; most people remember this
corner as the one with those two huge billboards. The streetscape was dominated by them, and it
seemed as if the eye was drawn to them, rather than to the surroundings. W e felt that removing
the billboazds and improving the landscape and building exterior would make a huge difference
in reclaiming the charm and appeal of the area.
Even though we inherited the lease for the billboards, with enough of an annual payment to help
with the property tases, we could not justify the negative impact of the eyesores. We requested
Clear Channel to cancel the lease and remove them. We were stalled and fiustrated for almost
three years before we were finally able to demand that they be removed. Now that they aze gone,
we have noticed how the corner is returning to a human scale, where the eye is drawn to people,
buildings, and activity. Many people have asked what we did to the building; what they really
mean is that they now norice what is here, rather than looking elsewhere. We believe the effort
was well worth it.
One thing we leamed during the process was how difficult it was to get rid of billboards. Clear
Channel was able to effectively ignore us or threaten to out-lawyer us, when we were insistent.
If there were stricter controls on billboards, and if there were real support for removing existing
ones, I believe that more property owners would be willing to get rid of them. The billboazd
industry will not voluntarily change their way of doing business. I must implore you to take
whatever steps you have available to assist the movement to limit and control the impact that
billboards have on our neighborhoods and our urban environment.
Please know that there are residents and business owners in Saint Paul who are willing to forego
financial gain in the interests of our quality of life. Also know that we appreciate your support of
any action which will make it more likely that existing billboazds do not become more of a
nuisance, and improve the possibilities for their ultimate removal.
/�� G.�a
I am Brian McMahon, Executive Director of University LTNITED, a coalition of 12
community organizations and 6 individual business people working to promote transit
oriented development along the University Avenue corridor in St. Paul ac�d Minneapolis.
Being in the community and economic development field, we are regularly on the
frontline of conflicts that flare up between those advocating private property rights, and
those who speak on behalf of the interests of the lazger community which may
occasionally be in competition. Those in a public policy role understand the difficulty of
fmding the proper balance.
The issue of billboards (and signage generally) is a good example. For those in the
signage industry iYs a simple case of private property rights tnunping all else. But it's not
so simple for many of us in the community development field. Allow me in the next few
minutes to make some observations that apply to University Avenue and, I think, more
generally to the entire city.
First, it is a fact that billboazds are widely perceived to be visual clutter and an
unwelcome addition to a view, whether rural or urban. As an unwanted distraction, just
like telephone solicitations or computer spam, there is a quantifiable nuisance value.
Someone else's private property value is diminished because of this nuisance. On
University Avenue, for instance, we have determined that a significant number of people
do not shop in the Midway Shopping Centers because the surrounding azea is cluttered
and has an uninviting appearance which gives rise to a feeling that it is uncared for, and
unsafe. (See survey sunnmary.) The privately owned Midway shopping centers aze
devalued as a result. In addition, we have found that smaller merchants are feeling that
their signage and visibility is being overwhelmed and lost in the clutter of billboards.
There is a music store at University and Snelling Avenue people don't even know is there
because his sign can't compete with all the clutter. This has a measurable impact on his
property rights.
Billboards impact property values and land use in other ways, as weil. The income
generated by the billboard lease may deter a properiy owner from considering developing
his land to a higher and better use. In some cases, the long-term inflexible encumbrances
placed on land by the billboard companies discourage or prevent properties from being
re-developed. It becomes very difficult to assemble development sites if just one of the
parcels has a billboazd — even if the current owner of the site warited to sell the property.
The nuisance value of billboards diminishes not only the adjoining properties, but really
the entire surrounding community. Many people who live in the Midway, for instance,
describe their discomfort of living in an area that is so unattractive, and their
embazrassment of bringing guests to their neighborhood via University Avenue. I have
yet to heaz from anyone who said they want to move to a neighborhood because of the
big billboazds which proclaim, "We buy Ugly Houses". These concerns are serious and
widespread, and I believe it is an entirely appropriate response for govemment to institute
some regulatory response. Government regulates unpleasant odors, and excessive sound
levels — why shouldn't it be able to respond to visual pollution? Why should government
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conGnue to support an activity that is detrimental to the cotnmunity, pays no property
taxes and diminishes the value of the suttounding azea?
Signage companies like University Avenue because of the high volume of tcaff c and the
wide right of way. Billboazds on vacant lots or single story buildings aze aimed at
occupants of automobiles. But billboazds are not so effective on 4 or 5 story buildings
well above the sight lines of the driver. Simply put, billboards function best in a suburban
caz-oriented environment, and not so well in a more urban scale. So, the overazching
policy question facing the Council is, "should it continue to support signage regulations
that make it more difficult to develop University Avenue in an appropriate urban scale
and character?"
There is also an equity issue here because there is an inconsistency in the way
commwuties regulate billboards. Minneapolis and St. Paul, for instance, aze less able to
regulate billboazds because they have been "grandfathered in", but the surrounding
suburban and nual communities are able to prohibit billboards in new developments. St.
Paul is being locked into a comperifive disadvantage with the suburbs which is
inequitable. Billboazds should not be permanently relegated to older less affluent
communities, or neighborhoods with a high percentage of minorities. LeYs level the
playing field for economic development. St Paul should operate with the same regulatory
latitude as Edina and Egan.
We ail know that University Avenue is being transformed in anticipation of light rail and
more intense development. Billboazds are a relic from an earlier caz-oriented era, and it is
time we moved to reduce their blighting influence on our corridor. LeYs give the public
right of way back to the public.
In recent years Minnesota cities have lost some options for reducing the economic and
visual damage done by signs and billboazds. Changes in state law force us to retlunk and
revive tools. Because it is so important to reduce the negative impact billboazds have on
our communi6es, we would like to propose these additional changes to the St. Paul
Zoning code:
`, 1) Prohibit extensions. Extensions aze used to make massive advertising signs even more
�� massive. Since the city has determined that it is to our benefit to reduce billboazd clutter,
it only makes sense to prohibit extensions which make for even more distraction and
more clutter. -
2) Turn out the lights on business signs when businesses aze closed and on billboazds
during the late night hours. Billboazd lights shine into adjoining homes and apartments.
Lights on freeway signs obliterate the beautiful Saint Paul skyline_ Instead of seeing the
city lay out before us, all that is visible aze huge advertisements for Cleaz Channel radio
staiions and We Buy Ugly Homes.
D.� G�a
3) Make rooftop business signs nonconfornung just as rooftop billboards aze and require
that rooftop business signs be removed within 30 days after a company moves or goes out
of business. Examples of rooftop business sigis are at the Love Doctor and the tool sign
on West 7th street.
4) Since billboazds are nonconforming uses, we request that no business be allowed a
further nonconfornvty unless they remove the billboazd on their property
5) Require that any billboazd which consistenUy contains unreadable messages be
declared a nuisance and be removed.
6.) We also call for more diligent enforcement of existing signage ordinances to insure
that businesses do not install more signs than permitted, and that old signs be removed
when the business is no longer operating
All of these proposals aze quite modest. They will, however, begin to help reduce the
hazm done by billboards in our community. You may recall that every single community
council in this city has called for the reduction or elimination of billboards.
I would now like to introduce ... who will be talking about some of the specific elements
of the proposed signage policy.
Submitted by Brian McMahon, Executive Director
University UNITED
1954 University Avenue
St. Paul, MN 55104
(651) 647-6711
August3,2005
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Council File # v`� � �L7eC
Ordinance #
Green Sheet # ��-, a " �"
ORDINANCE
CITY OF SA1NT PAUL, MINNESOTA
i�
Referred
signs and increasing the fee for uch licenses [Leg. Code §§ 64.202(a) and ( fl];
Exempting certain sign types fro the permit requirement [Leg. Code §§
64.204(a) and (e)]; Adding addition requirements for abandoned signs [Leg.
3 An ordinance nding certain sections of Legislative Code Chapter 64
4 pertaining to the re lation of signs by: Adding new language allowing either the
5 board of zoning appe or the planning commission to grant variances and
6 deleting the zoning adm 'strator's duty regarding an inventory of advertising
7 signs and collecting fees f that purpose [Leg. Code §§ 64.201(e), (fl and (g)];
8 Adding new language clari g the requirement to hold a license in order to rent
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Code § 64.205]; Adding new languag equi �
extension on a nonconforming billboar Leg
language requiring a permit for all tempor
64.419(c)], and; Deleting permit exemption
deleting obsolete language requiring a license
[Leg. Code § 64.419(d)].
nng a permit to construct a temporary
. Code § 64301(g)]; Adding new
and portable signs [Leg. Code §
r cloth signs and banners and
THE COUNCIL OF TAE CITY OF SAINT
Section 1
Committee Date :
or place a portable sign
DOES ORDAIN:
That Legislative Code §§ 64.201(e), ( fl and (g) are hereby amended to
Sec. 64.201. Duties of zoning administrator.
(e) The zoning administrator shall not grant any variances with respect to this ch ter in
carrying out his duties as zoning administrator. Variances may be granted by th oa
zonin�a� ev als or the plamiing conunission. The zoning administrator shall grant
upon a finding of compliance with the conditions imposed by this chapter.
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Section 2
That Legislative Code §§�4.202(a) and (e) is hereby amended to read:
Sec. 64.202. Licensing.
(a) General. No person engagi in ar seeking to engage in the business of erecting ar
installing repairing, maintai ar constructing any sign or sign structure, or offering for
rent any sien, within the limits o the city shall so operate without a s�i�n
contractor/operator license issued accordance with the provisions of this section. If
si�n�sl at each location.
(e) Fees. Any person fulfilling all qualifications and re lations stated herein and upon
payment of a fee of one hundred fifty ($150.001 . shall be issued
a license under the provisions of this section.
Section 3
That Legislative Code §§ 64.204(a) and (e) is hereby amended to read:
Sec. 64.204. Exemptions.
Page 2 of 6
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following signs shall not require a pernut. These exemptions shall not be construed as
ving the owner of the sign from the zesponsibility of its erection and maintenance, and its
�liance with the provisions of this chapter or any other law or ordinance regulating the same.
The changing of the messa�e on the display surface of sians that aze desi ig�ed to
haue chaneeable copy. , '
�
Section 4
That Legislative Code § 64.205 is hereby ended to read:
Sec. 64.205. Abandoned signs.
Any business sign which advertises, identifies or pe ins to an activity no longer in existence
shall be removed by the owner of the property within �rty (30) days from the time the activity
ceases existence b removin the si face aintin the � face a neutral color or installin
blank sipn face anels. This provision does not apply to se onai activities during the regular
periods in which they are closed. If the si face is not re-us d within one eu the remainin
Section 5
That Legislative Code § 64301(g) is hereby amended to read:
Sec. 64.301. Nonconforming signs.
It is recognized that signs exist within the zoning districts which were lawful be re this chapter
was enacted, which would be prohibited, regulated or restricted under the terms o 's chapter or
future amendments. It is the intent of this chapter that nonconforming signs shall no e enlarged
upon, expanded or extended, nor be used as grounds for adding other signs or uses pro 'bited
elsewhere in the same district. It is further the intent of this chapter to permit legai
nonconforming signs existing on the effective date of this chapter, or amendments thereto, o
continue as legal nonconforming signs provided such signs are safe, are maintained so as no to
be unsightly, and have not been abandoned or removed subject to the following provisions:
Page 3 of 6
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Any rectangulaz billboazd may contain extensions, cutouts or top lettering which occupy a
total area not in excess of fifteen (15) percent of the azea of the basic advertising sign and
orm an integral part of the design thereof; and provided further, that no such extension,
c out or top lettering may project more than six (6) feet from the top, eighteen (18)
inc s from either side or fifteen (15) inches from the bottom of the basic rectangular
adve �sing message. The azea of an extension, cutout or top lettering shall be deemed to
be the a of the smallest rectangle into which such extension, cutout or top lettering will
fit. A si ermit is re uired for a tem or billboard extension. Temporary extensions
shall be co letely removed not later than ninety (90) days after installation and the total
combined pe � d of temporary extensions for a sign face shall not exceed one hundred
eighty (180) da per year.
Section 6
That Legislative Code § 64.419 is amend�l to read:
Sec. 64.419. Temporary and �ortable signs.
(c) .
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Page 4 of 6
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� It is unlawful for any person, firm or corporarion to suspend or �roject an cY loth
or banner sign of an�type whatever over a street, alley or other un blic property for
the pumose of business advertisement.
� Tem�orary_permission shall be allowed for a cloth or banner sim three (31
nonconsecurive times roer calendar year for a period of not more than ninetv (901
davs ner 6me.
� No cloth or banner si�n shall exceed a total of one hundred twenty�1201 sauare
feet in azea, and there shall be no more than one such sien for any twent�(201 feet
of frontaee of anv buildine frontin on uublic nropertv.
Page 5 of 6
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� Support. Temporary cloth and banner si�ns shall be supnorted and attached with
wire rope or equivalent with a minimum diameter of three-ei ths (3/81 inch. No
strines, fiber ropes or wood slats shall be oermitted for support or anchorage
purposes. Cloth si s and panels shall be perforated over at least ten (101 oercent
� of the azea to reduce wind resistance.
Siens that span a public roadway cannot be attached to city li�ht �oles or traffic
�
Section 7
This ordinance shall become effective thirty �0) days after its passage, approval and publication.
Requested by:
L . .I. E.P�
� B Y : G,,,.-es.�- �
Form Appr ved by City
B � L� G✓!i
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Adopted by Council: Date