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ITEM 4 MemoTPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC(!'LDPlanningCo.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 5 March 2015 RE: Otsego — Jamfest 2015 TPC FILE: 101.01 BACKGROUND Rockwoods has contacted City staff to inform us that Jamfest 2015 is planned as a one night event on 14 August 2015 and to again request use of temporary signs at TH 101/CSAH 39 and TH 101/CSAH 42. Rockwoods indicated that the temporary signs would also be made available for the City's use for advertising Prairie Festival on 12 September 2015. ANALYSIS The Zoning Ordinance defines signs to be accessory uses of property and prohibits use of any off -premises advertising within the City. The City has previously allowed Rockwoods to use temporary signs for Jamfest located off -premises by incorporating the City logo and defining the signs as "official signs" serving a public purpose, which are exempt from the requirements of the Zoning Ordinance. The City Council has also expressed concerns in the past regarding the allowance of these temporary signs as banners on the side of semi -trailers for aesthetic reasons and for the duration for which they are displayed as their use includes not only Jamfest but Prairie Festival and the Highway 101 Market Corn Maze and has extended up to six months. Outside of making off -premises signs allowed generally within the City, options to allow limited use of temporary off -premises signs are few due to the need for the Zoning Ordinance to establish consistent, content neutral regulations of signs to avoid potential legal challenges on a 1St Amendment rights basis. Sign regulations may only address area, height, setback and structures generally or within a specific zoning district. Defining a either permanent or temporary sign as serving a public purpose requiring the approval of the City Council as official signs gives the City greater discretion to allow such structures versus a private sign permitted by the City that would need to be available to all other users under the same zoning district requirements. A general allowance of off -premises signs by the Zoning Ordinance would likely lead to greater proliferation of these signs and would not be consistent with past recommendations of the Planning Commission and actions of the City Council since the City incorporated. If the intent is to continue to allow the temporary signs as has been done in the past, the City Council may impose more strict aesthetic requirements on the structure, sign area and location of the temporary signs. CONCLUSION This item is for discussion at the City Council work session on 9 March 2015. City staff is seeking direction from the City Council to respond to Rockwood's request for use of temporary signage for Jamfest 2015. C. Lori Johnson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney kil