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CR 92-67 Billboards \ 1 y 0 :m: ,y ";) o P \ ~ March 10, 1992 K Council Report CR92-67 BILLBOARDS Proposed Action. There is no formal action required on this item. This item is for discussion purposes only. However, general direction from the City Council on this matter would be useful to determine any.necessary future actions. overview. The Mainstreet Improvement Project steering Committee, made up of representatives of the Hopkins Business Council, Hopkins Community Promotions and other participants has requested that the city Council consider amending the Zoning Ordinance to allow permanent billboards on the major thoroughfares (such as County Road 3 and Highway 7) to advertise community events and general community promotions. The existing Zoning Ordinance does not allow billboards in these locations. The Zoning Ordinance would have to be amended to allow billboards in these locations. At the August 6, 1991 city Council meeting, the City Council referred this issue to the Planning Commission to review and make recommendations to possibly allow additional billboards in the city for civic organizations. The Planning commission reviewed this item on August 27, September 24, and October 29, their recommendation is discussed in the report. primary Issues to consider. o Where are billboards allowed in Hopkins? o What was the Planning commission's recommendation? o Does the Comprehensive Plan address the image of County Road 3 and Highway 7? o What is the staffs recommendation? o What are the implications if the ordinance is changed to allow billboards for civic uses in the city? Supporting Documents. o Analysis of Issues o Alternatives o Excerpt from Zoning Ordinance regarding signs/billboards o Zoning Map ~~Om:lQMJln\ Nanc . Anderson Planner CR92-67 Page 2 primary Issues to consider. o Where are billboards allowed in Hopkins? The existing Ordinance allows billboards only in industrial zoning districts. Also, billboards are restricted in the Ordinance by spacing requirements from residential districts, other billboards, and parks. The existing Ordinance does not allow billboards on County Road 3 or Highway 7 because of the restrictions in the Ordinance. The temporary billboards that were put on county Road 3 and on Highway 7 last summer were allowed because they were temporary structures and only advertised community events. The billboard ordinance was revised in 1984. At that time it was made more restrictive in order to reduce the number of billboards ,that could be located in the city. o What was the Planning Commission's recommendation? The Planning Commission reviewed the issue several times. The staff had prepared a draft ordinance to allow permanent billboards for civic events for the Commission's review. The Commission's final conclusion was not to allow billboards in the city to advertise community events. The Commission was concerned with the appearance of a billboard on county Road 3 and Highway 7. The Planning Commission did recommend they would consider reader board monument signs to advertise community events. One suggested location was adjacent to the Pavilion on County Road 3. o Does the comprehensive Plan address the image of county Road 3 and Highway 7? The comprehensive Plan states the following regarding Highway 7: The image of the Highway 7 corridor will be protected by prohibiting additional commercial development and through public and private landscaping. The comprehensive Plan states the following regarding county Road 3: The city will work to improve the appearance of the Excels~or Boulevard Corridor through land use planning, site plan review, stricter site plan review standards, a cooperative public and private campaign to landscape the edges of the roadway and all properties visible from that roadway, subdues signage, and the placement underground of electrical, telephone, and television wires. CR92-67 Page 3 0 What is the staffs recommendation? The staff is recommending not changing the zoni~g Ordinance at this time. The current appearance of County Road 3 has resulted in concerns being expressed by various parties regarding the image which is being portrayed by the city. It is felt the placement of billboards along this roadway would not be conducive to improving this corridor's appearance. In addition, plans are now being made for improvements to County Road 3. Construction of a billboard along this corridor could complicate the process. If a billboard is to be constructed the staff would concur with the Planning Commission, that a monument type sign be constructed with the overall plan to upgrade county Road 3. The staff would also recommend against amending the zoning Ordinance to allow a billboard on Highway 7. Highway 7 is primarily residential except for the Hopkins House area and the White Castle area. The Comprehensive Plan recommends protecting this corridor by prohibiting additional commercial development. If a billboard is constructed on Highway 7, the staff would recommend that a monument type sign be constructed with an overall landscape plan. 0 What are the implications if the ordinance is changed to allow ~illboards for civic uses in the city? If the ordin~nce is changed to allow billboards for civic uses in the City along Highway 7 and County Road 3 the following could be the resulting impacts: - A new billboard along County Road 3. Naegele has offered to construct a billboard at no charge along County Road 3 for use by the city. - Billboards adjacent to residential areas. - A private vendor could make the claim that they have the same rights as the City to place billboards in various locations. - More billboards in the city. - Increased advertising/promotion of local civic events and activities potentially resulting in positive impacts to community. Alternatives 0 Direct staff to prepare a zoning Ordinance amendment to relax restrictions on the placement of certain types of billboards in the community. CR92-67 Page 4 0 Determine that it is not necessary to amend the city's ordinance pertaining to billboards. 0 Ask that staff provide additional informat~on. . Hopkins City Code (Zoning) 570.24 (Revised 7-25-89) 570.24. Civic Signs. Subdivision 1. Civic and City groups are allowed temporary signs for city-wide and community events. The total size for all signs shall be 250 square feet. Subd. 2. Time Limit. Temporary signs for city-wide and community events shall be erected no more than seven (7) days prior to the event and removed within two (2) days following the event. Subd. 3. Removal. The owner or manager of the signs, the owner of the land, or sponsoring civic group, shall be equally responsible for the ultimate removal of the sign. Setback requirements may be waived for such signs provided that they are on the property with the express consent of the property owner, and provided they do not impede safety by obstructing vision of pedestrians or motor vehicle operations. (Added Ord. 88-619) . Subd. 4. Temporary Civic Signs. Temporary civic signs are a permitted u, across the right-of-way on Mainstreet in the B-2 District provided: a) the location of the temporary civic sign has been reviewed and approved by the Zoning Administrator b)' the minimum height is 13 feet, 6 inches above the crown of the street c) a sign permit is secured d) the approved sign is displayed no more than 60 days in anyone calendar year e) there is allowed one such sign per block at any given time f) temporary civic signs are affixed to the buildings on each side of the right-of-way g) that the sign owner receives permission from the building owners before a temporary civic sign can be attached. (Amended Ord.No. 89-638) 570.25. Prohibited signs. The.following types of signs are prohibited: a) illuminated flashing, rotating or animated; b) signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges, towers, or similar public structures; c) any sign, device, lamp or light which is so constructed, operated or used that illumination emanating therefrom is concentrated or beamed is hereby prohibited except that in zoning district B-3, B-4, 1-1 and 1-2, searchlights for advertising purposes may be used from and upon private property for a period of not to exceed three days in any period of 30 consecutive days; d) signs which by reason of position, shape or color, would detract from or otherwise interfere with the proper functioning of a traffic control sign or signal; Hopkins City Code (Zoning) 570.55 570.55. Removal of signs. On-premises signs shall be removed from the building and property by the owner of such property within 60 days after the use is terminated. 570.57. Non-conforming signs: compliance. Subdivision 1. Temporary signs. Any non-conforming temporary or portable sign existing on March 9, 1985 shall be made to comply with the requirements set forth herein or shall be removed within 30 days thereafter. Subd. 2. Permanent signs. Permanent signs lawfully existing on M~rch 9, 1985 which do not conform to Ordinance 84-542, but which did conform to previous laws are non-conforming signs and may be continued if properly repaired and maintained as provided in this section and if in conformance with other provi- sions of this code. Non-conforming signs shall not be rebuilt, altered or relocated without being brought into compliance with the requirements of this section. Subd. 3. Prohibited signs. All non-conforming prohibited signs existing on March 9, 1985 may continue in use for a period terminating on March 9, 1987. Subd. 4. Discontinued. Whenever use of a non-conforming sign has been discontinued for a period of six months, such use shall not thereafter be .. resumed unless conformance with the provisions of th~s section. 570.59. Billboards. Subdivision 1. Distance: structures. Billboards are . .. prohibited within 500 feet of public parks, rest areas, or residential struc- tures, measured laterally along the roadway and 200 feet in any other direction. If a residential structure is constructed on residential property within these distances, the billboard shall be removed within three years from the ,construc- tion. Subd. 2. Distance: other billboards. Billboards shall not be erected closer than 1000 feet to another billboard on the same side of the same street; within 100 feet of a building, other than a residential structure or within 100 feet of an on-premises sign. If such a building is constructed within 100 feet of an existing billboard, such billboard shall be removed within three years from the construction. Subd. 3. Distance: residential districts. Billboards may not be located closer than 250 feet to a residential district. Subd. 4. Discontinuance. Billboards shall be removed within 60 days after discontinuation of sue of the billboard for advertising purposes or termination of the business so advertised. 570.6l. Repairs. A billboard or sign which becomes out of order, deteriorated or unsafe, or which is erected, altered, resurfaced, reconstructed or moved contrary to the provisions of this section, shall be removed or otherwise properly secured in accordance with the terms of this section by the owners thereof or by the owners of the ground on which said billboard or sign shall stand, upon receipt of proper notice so to do, given by the city manger. 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