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HomeMy WebLinkAbout2008-004 Council Ordinances• • 1S` Reading - ")..i— c; Publication: `- - 2. Z - 2nd Reading: _ _ H - y L,L, Y Effective: _ > 2 _ z c ; Council Member O'Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 04-08 AMENDING ORDINANCE NO. 05-05 AN ORDINANCE REGULATING SIGNS IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. The City Council of the City of Lino Lakes ordains that Ordinance No. 05-05 is amended as follows: SECTION I. PURPOSE, AND INTENT, AND FINDINGS It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. Rather, 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 sectionordinance 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 way 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. Ordinance 04-08, Sign Ordinance page 1 of 29 • • • b) Findings: the city of Lino Lakes finds it is necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of signs be controlled. Further, the city finds: 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 safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers; 5) installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective 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; 10) light pollution creates negative impacts on the community, particularly in residential and rural areas. The purpose of this ordinance is to establish a set of standards for fabrication, health and safety of persons within the community and to aid and assist in the development and promotion of business and industry by providing regulations which allow and encourage creativity, effectiveness and flexibility in the design and use of such devices. Ordinance 04-08, Sign Ordinance page 2 of 29 • SECTION II. DEFINITIONS: • • The following words and terms, when used in this Sign Ordinance, shall have the following meanings, unless the context clearly indicates otherwise: Advertising Sign: An "Advertising Sign" is a sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. Area Identification Sign: A ground sign which identifies the name of neighborhood, a residential subdivision, a multiple residential complex, or a commercial or industrial complex consisting of three or more businesses. Banner: A temporary sign made of cloth, flexible plastic, or other fabric. National flags, state or municipal flags, or the official flags of any institutions or businesses shall not be considered banners. Business Sign: A "Business Sigri" i:, any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of anv principal commodity or service, including Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment. A. Commercial Use: Activity carried out for monetary gain. B. Conditional Usc: A land use or development that may not be appropriate generally within a certain district but may be allowed in that district with appropriate C. Conditional Use Permit: A permit issued by the City Council in accordance with Council to assign conditions to a proposed use or development after consideration presents. Construction Sign: A temporary sign identifying a building or construction site, architects, engineers, contractors or suppliers. Directional Signs: A sign - - - - = providing general directional information about the use or uses such as name and address within the development where the sign is located. Ordinance 04-08, Sign Ordinance page 3 of 29 • Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, however frequently, 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, but is not limited to, a sign display that incorporates a technology or method allowing the image on the sign face to change without having to physically or mechanically replace the sign face or its components. This also includes, but is not limited to, 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 face to present a series of images or displays. Flag: Anv cloth, flexible plastic, or fabric containing distinctive colors, patterns. or symbols, used as a symbol of a government, political subdivision, or other entity, that is attached along one side to one pole or attached to a rope on one pole that allows for raising and lowering the flag. Flashing Sign: An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. See Section VI General Regulations. Ground Sign: Anv permanent, freestanding sign supported by or upon standards, poles, • beams or other supports or foundation directly affixed to the ground. • Identification or Nameplate Sign: A sign which bears the name or address or both of the business or the occupant of the building on which it is located. Illuminated Sign: A sign which has artificial light source directed upon it or which has an interior light source. See Section VI General Regulations. Institutional Sign: A permanent sign or bulletin board which identifies the name and other characteristics of a public or private institution on the site where the sign is located. Marquee and Canopy Signs: Any message or identification which is permanently affixed to a projection or extension of a building or structure, erected in such a manner as to provide shelter or cover over the approach to any entrance of a store, building or place of public assembly. Motion Sign: A sign which revolves, rotates or moves. Noncommercial Speech: Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious. social, ideological, public service and informational topics. Ordinance 04-08, Sign Ordinance page 4 of 29 • • • Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Sometimes called "stringer". D. Permitted Use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. Political Campaign Signs: Signs or posters announcing the candidate(s) seeking political office and/or political issues, and/or dates pertinent thereto. See Section VI General Regulations. Portable Sign: A temporary sign designed to be movable from one location to another. Projecting Sign: A permanent business sign affixed to an exterior wall or roof of a building and which is perpendicular to the building wall. Pylon Sign: A permanent, free standing ground sign erected upon a post or posts, pole or poles Real Estate Sign: A temporary sign advertising the sale or lease of property or buildings. Sandwich Board: A temporary sign constructed to form an "A" or a tent -like shape, placed in front of a business to advertise its services or goods. Sign: The term "Sign" shall mean any writing, pictorial presentation, number, illustration or decoration, flag, banner or other device, whether painted, posted, printed, affixed or constructed, including associated brackets, braces, supports, wires and structures, that is used to announce, direct attention to. identify, advertise, or otherwise make anything known. Sign shall not mean, and this ordinance shall not apply to. any state or local road signs displayed for the purpose of identifying road construction or for the regulation of traffic associated therewith. Sign Area: The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural or supporting elements such as uprights, aprons, poles, beams or standards. Sign Height: Height shall be measured from grade to the uppermost points or level of sign surface structure. Temporary Signs: A sign erected for a limited period of time. Wall Sign: A permanent sign attached to or erected against the wall of a building or structure with the exposed face to the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. Ordinance 04-08, Sign Ordinance page 5 of 29 11. E. Sign: The term "Sign" shall mean a name, identification, description, display, illustration structure or device which is affixed to, or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. • • Advertising Sign: An "Advertising Sign" is a sign which directs attention to a business, commodity, service or entertainment not exclusively related -to -the premises where such a sign is located or to which it is affixed. See Section IVVI General Regulations. Business Sign. A "Business Sign" is any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. H. Related Definitions: 4, Illuminated Sign: A sign which has artificial light source directed upon it or which has an interior light source. See Section IVVI General Regulations. • Motion Sign: A sign which revolves, rotates or moves. • S'gn Area: The entire area within a single continuous perimeter enclosing 4 Of -leve 1 of sign surface. • Fl h' g S'gn: An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. See Section IVVI General Regulations. Direction Signs: A sign erected on private property for the following uses: Church, school, hospital, club, library, civic or other similar types, providing general information about the use or uses such as name and address. • Area Identification Sign: A free standing sign or pylon which identifies the complex, or a commercial or industrial complex consisting of three or more businesses. Ordinance 04-08, Sign Ordinance page 6 of 29 • • • $. Wall Sign: A permanent sign attached to or erected a�.' - - - • . a building or structure with the exposed face to the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. 9, Ground Sign: A permanent, freestanding sign supported by or upon 10. P Ion Si _n: A permanent, free standing ground sign erected upon a post or posts not more than fifteen (15) feet apart. Pro'ectin* Si. n: A permanent business sign affixed to an exterior wall or roof of a building and which is perpendicular to the building wall. 12. Marquee and Canopy Signs: Any message or identification which is permanently affixed to a projection or extension of a building or structure, any entrance of a storc, building or place of public—assembly, 13. Identification or Nameplate Sign: A sign which bears the name or address or a, Real Estate Sign: A temporary sign advertising the sale or lease of property or buildings. Construction Sign: A temporary sign identifying a building or construction site, architects, engineers, contractors or suppliers. Political Campaign Signs: Signs or posters announcing the dates pertinent thereto. See Section IVVI General Regulations. Portable Sign: A temporary sign designed to be movable from one location to another. e: ft wire, or string, usually in seric , • Sometimes called "stringer". Ordinance 04-08, Sign Ordinance page 7 of 29 • • L 17 tent like shape, placed in front of a business to advertise its services or goods. 16. Institutional Sign: A permanent sign or bulletin board which identifies the name and other charactcristics of a public or private institution on the site where the sign is located. SECTION III. ADMINISTRATION AND ENFORCEMENT A. Permit Required. No sign shall be erected, altered, reconstructed, maintained or moved in the city without first secutring a permit from the city, unless this ordinance specifically states otherwise. The noncommercial speech content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. The permit owner shall be responsible for all of the requirements of this Ordinance, including the liability for expense of removal and maintenance incurred by the City. Sign permit fees shall be as specified in the city fee schedule. B. Repairs. All signs shall be maintained in good condition and the areas around them kept free from debris, bushes. high weeds, and from anything else which would be an eyesore or nuisance. The surface of all All signs must be Official maintained to prevent the sign surface from becoming unkempt in appearance. When any mound sign is removed, the Zoning Official shall be notified and the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions. Any sign located in the city which may now be or hereafter become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered. resurfaced, reconstructed or moved contrary to the provisions of this sign ordinance, shall be removed or otherwise properly secured in accordance with the terms of this sign ordinance by the owners thereof or by the owners of the grounds on which said sign shall stand, upon receipt of proper notice so to do, given by the . - .. - • ' City. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this sign ordinance and upon proper permit issued by the issuuing authority. C. Removal. In the event of the failure of the owner or person, company or corporation having control of any sign, or the owner of the ground on which the sign is located, to Ordinance 04-08, Sign Ordinance page 8 of 29 • • • remove or repair said sign within 60 days after the use is terminated, a notice shall be given and the sign may be removed by the city at the expense of the owner or manager of the sign, or the owner of the ground upon which the sign stands. D. Violations. Any violation of this Ordinance shall constitute a misdemeanor. Each day of such violation shall constitute a separate offense. SECTION IV. DYNAMIC SIGN REGULATIONS: 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. In addition to safety concerns, light pollution creates negative impacts, particularly in rural areas and residential neighborhoods of the community. The City has adopted regulations of exterior lighting intended to reduce light pollution. Dynamic displays are by nature veru bright and often are installed on highway signs, many of which are in rural and residential areas in Lino Lakes. In conclusion, the city finds that any sign containing, in whole or in part, a dynamic display, except signs solely displaying the time and/or temperature or similar, should not be allowed in any District except as otherwise set forth in this Ordinance. SECTION IIIV. ZONING DISTRICT REGULATIONS: A. RURAL ZONING DISTRICTS R Rural District R -X Rural Executive District R -BR Rural Business Reserve District ft Ordinance 04-08, Sign Ordinance page 9 of 29 In the R Rural District, R -X Rural Executive Residential District, and R -BR Rural Business Reserve District. all signs must comply with the requirements in the tables in Section IX. and in Section VI. • 1. To preserve productive land for agricultural use. 2. To maintain "open space" within and near to urban areas. 3. To help guide development of urban and rural areas along an orderly design h the urban farm can be guided se as to control urban sprawl and still conserve land in an economic status until such time as the ne-ed is present for an am ndmcnt to the C 5. To reduce the possibilities of rural urban conflicts in establishing types and levels of service, methods of financing the servi • 11 • • • • : ! comply with the following: 1. Residential Identifications: Not more than two (2) square feet of nameplate. 2. Institutional Identifications: Churches, schools, parks, etc. allowed up to 1 3. Advertising Signs: Advertising signs, as defined by Section II, Subd. F of Districts. '1. No Sign shall be closer than ten (10) feet to any property line. 5. Each property with a residence may have one freestanding sign, temporary or permanent, without a permit: The maximum size is six (.6.1 square feet. placed at least ten t10)' feet from the property line: This sign shall not Ordinance 04-08, Sign Ordinance page 10 of 29 • B. RESIDENTIAL ZONING DISTRICTS • 1 R-1 Single Family Residential District R -EC Single Family- Residential District R -1X Single Family Residential District R-2 Two -Family Residential District R-3 Medium Density Residential District R-4 High Density Residential District R-6 Manufactured Home Park District In the R-1 Single Family Residential District, the R -1X Single Family Executive Residential District, the R -EC Single Family Estate Conservation District, the R-2 Two Family Residential District. the R-3,Medium Density Residential District, the R-4 High Density Residential District, and the R-6 Manufactured Home Park District, all signs must comply with the requirements in the tables in Section IX. and in Section VI. a. -R 1" and "R 1X" Single Family Residential District: Purpose. This district is intended to provide a residential atmosphere for b. "R 2" Two Family District: Purpose. This district is intended to provide a residential atmosphere for • • limited, density. Two family dwellings will not be allowed in areas without sanitary sewer. c. "R 3" Medium Density Residential District: provide settings for multiple family structures, up to eight dwelling units per building, in areas having good thoroughfare access, are properly located shopping areas. d. "R 4" High Density Residential District: Ordinance 04-08, Sign Ordinance page 11 of 29 • major activity center, recreation areas and shopping areas. e. "R 6" Manufactured Home Park District: Purpose. The -purpose of the Manufactured H district is intended to provide opportunities for almost all types of manufactured homes including those which may not be able to meet the design standards established in other residential districts. All manufactured f. "R 7" Manufactured Home Subdivision District: Purpose. The purpose of this district is to provide opportunities for attractive residential neighborhoods with all urban services and desired amenities. R I, R 1X, R 2, R 3, R 4, R 6, R 7 • In the multiple and residential districts, the following requirements apply. • I . Residential Identification: One nameplate per residence, not more than two (2) square feet per unit. 2. Institutional Identification Signs: Not more than one sign per street frontage; one identification sign allowed per building; not more than thirty two (32) square feet; not higher than six (6) feet; 3. Area Identification Signs: Not more than twenty four (21) square feet; not higher than six (6) feet. 1. Advertising Signs: Advertising signs, as defined by Section II_, Subd. F of Ordinance, are prohibited in the R 1, R 1X, R 3, R 1, R 6, R 7 Zoning Districts. 6. Each property with a residence may have one freestanding sign, temporary placed at least ten (10)' feet from the property line. This sign shall not Ordinance 04-08, Sign Ordinance page 12 of 29 • advertise commercial activity that is not allowed property as the sign. There is no time limit for such a sign. • 1 C. BUSINESS AND PUBLIC AND SEMI-PUBLIC ZONING DISTRICTS NB Neighborhood Business District LB Limited Business District GB General Business District PSP Public and Semi -Public District In the Neighborhood Business District all signs must comply with the requirements in the tables in Section IX. and in Section VI. In the Limited Business District all signs must comply with the requirements in the tables in Section IX. and in Section VI. In the GB General Business District all signs must comply with the requirements in the tables in Section IX. and in Section VI. In the PSP Public and Semi -Public Districts all signs must comply with the requirements in the tables in Section IX. and in Section VI. a. "LB" Limited Business District: include high quality commercial are "LB" District can be used as a transitional district or buffer between noncompatible uses . ' -ss District all signs must co and in Section IVVI, paragraphs EE and FF. b. "NB" Neighborhood Business District" Purpose. The purpose of the NB Neighborhood Commercial District is to provide in the tables and in Section IVVI, paragraphs EE and FF. Ordinance 04-08, Sign Ordinance page 13 of 29 • • "CB" General Business District and "CB" Central Business District and "PSP" Public Semi Public. Purpose. The GB and CB districts are areas containing a wide variety of business to shoppers needs. i. To provide the community with properly located schools, colleges, and ii. To provide the community with properly located public services and utilities. iii. To provide the community with properly located open green space, parks, playgrounds and recreational facilities. iv. To relate public and semi public locations with thoroughfare system. In the GB" General Business District and "PSP" Semi Public Districts all signs EE and FF. D. INDUSTRIAL ZONING DISTRICTS LI Light Industrial District GI General Industrial District In the Light and General Industrial Districts all signs must comply with the requirements in the tables in Section IX. and in Section VI. a. "LI" Light Industrial District: Ordinance 04-08, Sign Ordinance page 14 of 29 • • include service industries and industries which manufacture, fabricate, assemble or store. where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare, or other objectionable influences. dependent upon raw materials refined elsewhere. b. "GI" Ccncral Industrial District Purpose. These are areas which, because of availability to thoroughfares, suitable topography, and isolation, are appropriate for industrial uses of a more intense nature and ones which may have certain nuisance characteristics. In the Light and General Industrial Districts all signs must comply with the E. "R BR" RURAL BUSINESS RESERVE DISTRICT Purpose. This district is intended to preserve a rural, very low density, environment until such time as the land is needed for commercial and industrial uses. Residents of this district can expect to fully use the land for farming, grazing, animal husbandry. propagation of nursery stock, gardening, and other traditional rural use. In addition, the district is meant to prevent incursion of those land uses that would adversely affect or diminish the rural character of the land. In particular, subdivisions of land for residential purposes as well as commercial and industrial uses without access to suitable infrastructure is not to be permitted. This district is also meant to serve the following functions: To control and limit urban sprawl. present for rezoning to a business use district. To reduce the possibility of rural urban conflict in both the use of the land and in the extension of utilities and other infrastructure items. plowing, road maintenance, and fire and police protection. To define a "trigger mechanism" that will establish a formula for the rezoning of Rural Business Reserve land to a business use as needed. Ordinance 04-08, Sign Ordinance page 15 of 29 • No sign may be closer than five (5) feet to any property line. 2. Institutional Identifications: Churchc, thirty two (32) square feet; not higher than eight (8) feet. 3. Advertising Signs: Allowed by Interim Use Permit; forty (10) feet Section IVVI. a. Must not be within seven hundred fifty (750) radius feet of an freeway area. structure. c. Must not be closer than twelve hundred (1200) feet from any adjoining zoning district. d. Maximum size of sign shall not exceed Six Hundred Seventy Five (675) square feet. e. The site on which the sign is located shall comply with all area and width requirements of the base zoning district. f. Removal of the sign shall be required with the rezoning of the site or redevelopment to add another principle use. 4. Business Signs: One ground or wall sign per building, fifty (50) square feet 0 5. No sign may be closer than five (5-) feet to any property line. 6. Each property with a residence may have one freestanding sign, temporary or permanent, without a permit: The maximum size is six (6) square feet, placed at least ten (10)' feet from property line_ This sign shall not Ordinance 04-08, Sign Ordinance page 16 of 29 • SECTION IVI. GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS A. Advertising signs in as defined in this ordinance are prohibited in all zoning districts, where permitted, must comply with the following: 1. Shall only be fabricated of and ere thirty (30) pounds per square foot windload factor. 2. Shall not be longer than sixty (60) feet. 3. Shall have a maximum square footage restriction of seven hundred fifty (750) square feet. B. All signs shall be constructed in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, which is hereby adopted by reference and made a part of this Ordinance. C. No sign shall be permitted within public road right-of-way or be affixed to public structures or public utility poles or boxes or other public equipment except for traffic control signs, public utility signs, or signs for public parks, governmental buildings, or other such public facilities. A special exception may be granted by the City Council if road improvements or other public projects includes the elimination of an access to a private property. In such cases, a sign giving directions to the new access may be allowed in the right of way. D. No sign shall be painted on, attached to, or affixed to any trees, rocks or other similar organic or inorganic natural matter. E. Signs in windows in the interior of buildings are allowed without permits except that dynamic display signs including flashing signs are not allowed in windows, regardless of size. No signs shall be attached to the exterior of windows. F. "No hunting" and "No trespassing" signs are allowed as regulated by State Statutes 97B.001, no permit required. G. Illuminated signs are permitted allowed only in Neighborhood Business, limited Limited Business, and general General businessBusiness, shopping center, central business Light Industrial. and light and general General Industrial zoning districts. Illuminated signs also are allowed in a Planned Unit Development when the illuminated signs comply with the requirements of this ordinance and are part of an approved comprehensive sign plan. Ordinance 04-08, Sign Ordinance page 17 of 29 • H. The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. • I4I. Signs shall not be painted directly to any exterior building surface, but shall be on a separate frame except for temporary display windows. Sign letters/symbols may be directly attached to a wall by adhesive or mechanical fasteners. J. Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic -control device or railroad sign or signal shall be prohibited. Further, nNo sign shall be installed, which by reason of position, shape or color would conflict with proper function or interpretation of any traffic sign or signal. :'K. There shall be no use of revolving beacons, flashing signs, zip flashers or similar lighted devices. KL. No sign shall be permitted to obstruct any_door, fire escape, stairway or other access of any building or structure. LM. Campaign Signs. a. State General Election years: In a state general election year, the size and duration of campaign sign display shall comply with the provisions of Minnesota Statute 211.B.045 as amended. These signs shall be confined within private property provided that the property owner's permission has been obtained. b. Other Election Years: In years when no state general election is to take place, signs announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of eight (8) square feet in size and dimensions not greater than two (2) feet by four (4) feet. These signs shall be confined within private property, provided that the property owner's permission has been obtained. A maximum of two (2) signs per candidate is allowed on any residential lot within the Single Family (R-1) and Single -Family Executive (R -1X) zoning classifications. In all other zoning classifications, signs are limited to two (2) per candidate every two hundred (200) feet of road frontage. No more than two (2) signs per candidate shall be placed in front of the polling places. Campaign signs may be displayed twenty-five (25) days prior and five (5) days after the election for which they are intended. Notwithstanding any provision contained in this Ordinance, the City, upon three (3) days notice, may remove any campaign sign in violation of this Ordinance. The sign Ordinance 04-08, Sign Ordinance page 18 of 29 enforcement authorities for the City of Lino Lakes are authorized to request enforcement of campaign sign violations through agencies and individuals not employed by the City of Lino Lakes M. All signs shall be maintained in good condition and the areas around them kept free from debris, bushes, high weeds, and from anything else which would be an two (2) years or whenever necessary as determined by inspection by Zoning surrounding area shall be cleared of all debris and unsightly projections and protrusions. N. Signs which become unsafe or unkempt in appearance shall be repaired or removed by the licensee upon notification by the Zoning Official. directed into any adjoining residential district. PN. Temporary ' - - b - - signs may be erected in compliance with the requirements of the temporary sign table and, Section paragraph EE. • 90. Directional signs up to four (4) square feet are allowed up to ten (10) feet above • grade provided they are not erected adjacent to any residential streets. RP. Temporary real estate signs advertising the sale of individual residences may be Section I V V I, paragraph EE.. SQ. Temporary signs advertising buildings or land for rent or for sale in all districts may be erected in compliance with the -requirements of the temporary sign table and Section IVVI, paragraph EE.. TRP. Projecting signs which extend over public property are prohibited without an encroachment agreement, which the City may agree to at the City's discretion. IQ. Roof signs are prohibited. VTR. The exposed uprights, superstructure or back side of all signs must be painted a neutral color such as light blues, grays, greens or browns, unless such part of the sign is integral to the overall design of the sign. permit fees shall be as specified in the city fee schedule. Ordinance 04-08, Sign Ordinance page 19 of 29 • • • ¥S. For the purpose of this Ordinance, maximum square footage of a sign shall be computed on the basis of one (1) face of any multi -faced sign. Z. The permit owner shall be responsible for all of the requirements of this Ordinance, including the liability for expense of removal and maintenance incurred by the City. AAVT. Multi -Occupancy Business and Industrial Buildings: When a single principle building is devoted to three (3) or more businesses, or industrial uses, a comprehensive sign plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations._ The plan shall be subject to the approval of the City Council._ No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. 1. The maximum individual tenant sign sizes for multiple occupancy structures and individual uses which may display signs shall not exceed the maximum provisions for single occupancy structures in the same zoning district. 2. Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions. Individual freestanding signs identifying the tenants' business shall not be displayed. Twenty Five Percent (25%) of the area identification sign must identify the entire site, the balance of the sign may be used for individual tenant identification. 3. Except as provided in this ordinance, individual tenants of multiple occupancy structures shall not display separate wall signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per entrance and one (1) additional sign if the building is on a corner or has double frontage, and each sign shall be limited to the maximum wall size sign permitted in the district, the total of which shall not exceed the square footage allowed. 4. In any multiple occupancy structure qualifying as a mall type shopping center, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50) feet of the common public entrance being served. The size of individual business identification signing within the directory shall be established during the site plan review process. Attention shall be given to the possible number of tenant or occupancy bays which may be served by the common public entrance for which the directory sign is intended. Ordinance 04-08, Sign Ordinance page 20 of 29 • BBWU. GRANDFATHER CLAUSENonconforming Signs: : - - -. It is recognized that signs exist within the zoning districts which were lawful before this sign ordinance was enacted. which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intention of this sign ordinance that nonconforming signs shall be allowed to All signs located within the City of Lino Lakes prior to the a::: ' : - : • . ! : --, -- • ontinue to exist, but they shall not be enlarged upon, expanded or extended, nor be used as the grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance. or amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: • • 1. No sign shall be enlarged or altered in a way which increases its nonconformity. 2. Should such sign or sign structure be destroyed by any means to an extent greater than fifty (50) percent of its replacement cost and no building permit has been applied for within 180 days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this ordinance. 3. Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. 4. No existing sign devoted to a use not permitted by the zoning code in the zoning district in which it is located shall be enlarged, extended or moved except in changing the sign to a sign permitted in the zoning district in which is it located. 5. When a structure loses its nonconforming status all signs devoted to the structure shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color which will harmonize with the structure. as to size, illumination and present location, provide• - • - . - - - provisions of the Lino lakes City Code up to the date this Ordinance is passed and adopted. A permit is required for each existing sign, as applicable under this Ordinance. CCXV. Any signs not specifically allowed by this ordinance are prohibited. DDYW. such violation shall constitute a separate offense. Ordinance 04-08, Sign Ordinance page 21 of 29 . X. Dynamic display signs. whether permanent or temporary, are prohibited in all zoning districts except those with a dynamic display area that is less than twenty (20) square feet. Y. Street addresses required to comply with address ordinances or building codes do not require a sign permit. Z. For the purposes of this ordinance, a flag symbolizing a government or political subdivision, or a branch or department of a government or political subdivision, is considered noncommercial speech and is not regulated by this ordinance as long as there are no more than three such flags on an individual lot and the flags are on flagpoles that are permanently mounted in the ground or mounted on a building?. More than (3) three such flags shall be considered advertising to draw attention to a commercial or industrial activity and thus commercial speech. In such a situation, flags numbering more than three (3) shall be regulated as peimanent signage. Each lot may fly one flag that is not a symbol of a government or political subdivision, or a branch or department of a government or political subdivision, and that is on a flagpole that is permanently mounted in the ground or mounted on a building. More than one such non-government flag shall be regulated as permanent signage. • SECTION VII. SUBSTITUTION CLAUSE • The owner of any sign, which is otherwise allowed by this sign ordinance, may substitute a noncommercial speech copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary. SECTION VIII. SEVERABILITY If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would adopted the Sign Ordinance in each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Ordinance 04-08, Sign Ordinance page 22 of 29 SECTION IX. TABLES OF REGULATIONS FOR ZONING DISTRICTS A. Temporary Sign Requirements Table • Ordinance 04-08, Sign Ordinance page 23 of 29 Permit Size Location Duration er Permit Required {fee schedule requires $25 32 sq ft max. All four comers must be attached to the principal building on the site. 1. One banner is allowed per permit 2. One permit is allowed per quarter of any calendar year 3. Permit is good for 17 consecutive days 4. Permit period always begins on a Friday 5. Double permit fees will be assessed if the permit is pulled after the sign is placed 6. The City has the right to remove the sign at the end of the permit period and collect the cost of removal from the permit holder and/or property owner. Portable Signs (except sandwich board signs) Permit Required {fee schedule requires P5 feel 32 sq ft max. 5 feet from property line 1. One portable sign is allowed per permit 2. One permit is allowed per quarter of any calendar year 3. Permit is good for 17 consecutive days 4. Permit period always begins on a Friday 5. Double permit fees will be assessed if the permit is pulled after the sign is placed 6. The City has the right to remove the sign at the end of the permit period and collect the cost of removal from the permit holder and/or property owner. Sandwich Boards •planters, Permit Required at cost of one term of temporary sign permit. Six (6) sf max. 1. Must be in front of space occupied by business advertised on sign . 2. No further than fifteen (15) feet from door to business advertised on sign. 3. Must maintain four (4) feet clear area for pedestrian passage, including distance from tables, opening doors, etc. 4. Must not be in parking area. 1. Sign permit is good as long as the business is in operation at the location. A different business in the same space requires a new sign permit. A different business location requires a new permit. 2. Can only be displayed during business hours: must be brought inside when business closes each day. Sandwich board signs must be of solid construction, of material resistant to weather, resistant to being knocked over by wind. Signs must be always be maintained in good condition and avoid a shabby, unkempt appearance. Pennants NA NA Prohibited Pennants are prohibited. Balloons or Inflatable Signs No permit required. 24" diameter NA No balloons or inflatable signs over 24" in diameter are allowed. Construction Sign (does not include names on construction trailers or trucks) No permit required for one sign per frontage on street forming periphery of site 10 acres or more: Max. 100 sq ft per sign Under 10 acres: max. 32 sq ft per sign Must be on subject property 10' from property line One sign on each peripheral street If a single structure, sign must be removed 30 days after issuance of certificate of occupancy for the structure. If more than one structure, must be removed 30 days after certificate of occupancy is issued for last building. If a residential subdivision, must be removed after certificate of occupancy is issued for last building. Real Estate Sign (except for Individual property with residence in Resid. or Rural zone: see Sec. III. A. and B.) No permit required for one sign per frontage on street forming periphery of site 10 acres or more: Max. 100 sq ft per sign Under 10 acres: max. 32 sq ft per sign Must be on subject property 10' from property line One sign on each peripheral street If a single structure, sign must be removed 30 days after issuance of certificate of occupancy for the structure. If more than one structure, must be removed after certificate of occupancy is issued for last building. If a residential subdivision, must be removed when all of the units are sold. • Ordinance 04-08, Sign Ordinance page 23 of 29 B. Permanent Sign Requirements Tables • Ordinance 04-08, Sign Ordinance page 24 of 29 R RURAL R -I, R -1X, R -EC R -X RURAL EXECUTIVE R-2, R-3, R-4, R-6 R -BR RURAL BUSINESS RESIDENTIAL DISTRICTS RESERVE DISTRICTS Stification or Nameplate Signs -max two (2) square feet One per residence. -max two (2) square feet No sign permit is required. No sign pennit is required Area Identification Signs: Can be placed at entrances to Can be placed at entrances to neighborhood: the number of such neighborhood: the number of such signs per neighborhood shall be signs per neighborhood shall be determined by the City, with determined by the City, with consideration to the number of consideration to the number of entrances to the neighborhood. entrances to the neighborhood. -max twenty-four (24) square feet -max twenty-four (24) square feet -maxheight six (6) feet -max height six (6, feet Ground Signs Each property with a residence Each property with a residence may have one freestanding sign, may have one freestanding sign temporary or permanent, without a temporary or permanent, without a permit: the maxunurn size is six permit: the maximum size is six (6) square feet, placed at least ten (6) square feet, placed at least ten (10) feet from the property line. (10) feet from the property line. This sign shall not advertise This sign shall not advertise commercial activity that is not commercial activity that is not allowed or conducted on the same allowed or conducted on the same property as the sign. There is no property as the sign. There is no time limit for such a sign. time limit for such a sign. In addition, non-residential uses hm addition, non-residential uses and licensed residential care and licensed residential care facilities that are allowed by the facilities that are allowed by the Zoning Ordinance may have: Zoning Ordinance, and -one (1) ground sign manufactured home parks in R-6 -max thirty-two (32) sf each sign zones, may have: -max height eight (8) feet -one (1) ground sign OR one wall sign as below -max thirty-two (32) sf each sign -max height eight (8) feet OR one wall sign as below Building Wall Signs Non-residential uses and licensed Non-residential uses and licensed residential care facilities that are residential care facilities that are allowed by the Zoning Ordinance allowed by the Zoning Ordinance may have one wall sign on one and manufactured home parks m building, maximum 50 sf. R-6 zones, may have one wall sign on one building, maximum 50 sf. Advertising Signs prohibited Property Setback No Sign shall be closer than ten (10) feet to any property line. • Ordinance 04-08, Sign Ordinance page 24 of 29 NEIGHBORHOOD BUSINESS ZONING DISTRICT Single and Double Occupancy Buildings Multi -Occupancy Buildings if single building has three or more businesses, must comply with Sec. VI. T. IV. AA. and shall be limited to: Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. one ground sign of any type - 50 sf max - 30' height max - no closer than 50' to another saeh-ground sign - one ground sign - 100 sf max - 30' height max - no closer than 50' to another ground sign Building Wall Signs • Single road frontage: one sign, greater of - 100sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single/double. Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall Advertising Signs prohibited Proe setback No si • n ma be closer than 5' to an •ro . ert line. s,r7r • Ordinance 04-08, Sign Ordinance page 25 of 29 LIMITED BUSINESS ZONING DISTRICT Single and Double Occupancy Buildings Multi-Occupancy Buildings if single building has three or more businesses, must comply with Sec. VI. T. IV. AA. and shall be limited Motor Fuel Station Signs to: and and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. one ground sign of any type - 50 sf max - 30' height max - no closer than 50' to another ouch sign - one ground sign of any type one pylon per frontage -80 sf -45' height if abutting freeway - 100 sf max - 30' height max - no closer than 50' to another -one additional pylon sign -100 sf -65' height - one additional ground sign per frontage - 32 sf max - 30' max height ground sign ground Building Wall Signs . Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or comer lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single/double. Double frontage or comer lot: Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face Canopies must comply with Conditional Use Permit requirements in Zoning Ordinance No illuminated sign may face land may have one additional wall sign on any wall greater of: -100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall Advertising Signs prohibited Pro.e setback No si ma be closer than 5' to an .ro.ert line. • Ordinance 04-08, Sign Ordinance page 26 of 29 i - 71'=. 4 F ,.',.^^. _.. ets �; # L Y+.b f3 f 15d ..,..%�, � }ba. 9t3-i�?^i``y �};rvd':xG'.,$'.!^..fi., �,. {"���^� ,j *Yti Multi -Occupancy Buildings if single building has three or more businesses, must comply with Sec. VI. T. IV. AA. and shall be limited 'wF*:�4+YE��� �. �'GF^*Y i51J Motor Fuel Station Signs (not allowed in PSP) GENERAL BUSINESS-, and PUBLIC SEMI-PUBLIC ZONING DISTRICTS Single and Double Occupancy Buildings (except motor fuel stations) to: Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. Ground signs of any type totaling 2 sf per frontage foot, -max 200 sf -40' height max - no closer than 50' to another Ground signs of any type totaling 2 sf per frontage foot, - 200 sf max - 40' height max - no closer than 50' to another one pylon per frontage -80 sf -45' height if abutting freeway -one additional pylon sign -100 sf -65' height - one additional ground sign per frontage - 32 sf max - 30' max height ground sign ground sign gdn be 50' from must away another ground sign Building Wall Signs III Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single/double. Double frontage or corner lot: Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or comer lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face Canopies must comply with Conditional Use Permit requirements in Zoning Ordinance No Illuminated sign may face land may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall Advertising Signs prohibited Property setback No sign may be closer than 5' to any property line. • Ordinance 04-08, Sign Ordinance page 27 of 29 LIGHT and GENERAL INDUSTRIAL ZONING DISTRICTS Business Signs (single & double occupancy buildings) (except motor fuel stations) Multi -Occupancy Buildings Motor Fuel Station Signs Business Signage if single building has three or more businesses, must comply with Sec. VI. T. IV. AA. and shall be limited to: Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. Ground signs of any type totaling 2 sf per frontage foot, -max 200 sf -40' height max - no closer than 50' to another Ground signs of any type totaling 2 sf per frontage foot, -max 200 sf -40' height max - no closer than 50' to another one pylon per frontage -80 sf -45' height if abutting freeway -one additional pylon sign -100 sf -65' height - one additional ground sign per frontage - 32 sf max - 30' max height ground sign ground sign must be 50' away from another ground sign must be 50' away from another ground sign Building Wall Signs Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single/double. Double frontage or comer lot: Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face Canopies must comply with Conditional Use Permit requirements in Zoning Ordinance No illuminated sign may face land may have one additional wall sign on any wall. greater of: -100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall Advertising Signs prohibited Property setback No sign may be closer than 5' to any propegy line. Ordinance 04-08, Sign Ordinance page 28 of 29 III SECTION XI. ADOPTION A. As above amended, said Sign Ordinance shall stand as initially passed and previously amended. B. This ordinance shall be in effect in accordance with the City Charter. Passed by the Lino Lakes City Council this 14th day of April, 2008. John JG$erges Mayor ATTEST: Julie lAartell, City ;Cler 111/ The motion for the adoption of the foregoing resolution was duly seconded by Council Member Reinert and upon vote being taken thereon, the following voted in favor thereof: r O'Donnell, Reinert, Stoltz, Gallup, Bergeson The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. ATTEST: John J. Bergeson, Mayor Ordinance 04-08, Sign Ordinance page 29 of 29 • 1 AGENDA ITEM 6 C i. and ii. STAFF ORIGINATOR: Jeff Smyser C.C. MEETING DATE: April 14, 2008 TOPIC: i) Second Reading, Ordinance No. 04-08 Amending Sign Ordinance ii) Resolution No. 08-38, Summary For Publication BACKGROUND The City Council approved the first reading of Ordinance 04-08 on March 24. This is the second reading. Resolution 08-38 is the summary of the ordinance for publication. OPTIONS 1. Recommend approval of second reading of Ordinance No. 04-08 amending the sign ordinance. 2. Recommend approval of Resolution No. 08-38, the summary of the ordinance, for publication. 3. Return to staff with direction. RECOMMENDATION Option 1 • • Council Member 0Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 04-08 AMENDING ORDINANCE NO. 05-05 AN ORDINANCE REGULATING SIGNS IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. The City Council of the City of Lino Lakes ordains that Ordinance No. 05-05 is amended as follows: SECTION I. PURPOSE, INTENT, AND FINDINGS It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. Rather, 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 ordinance 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 way 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. Ordinance 04-08, Sign Ordinance page 1 of 20 • • • Area Identification Sign: A ground sign which identifies the name of neighborhood, a residential subdivision, a multiple residential complex, or a commercial or industrial complex consisting of three or more businesses. Banner: A temporary sign made of cloth, flexible plastic, or other fabric. National flags, state or municipal flags, or the official flags of any institutions or businesses shall not be considered banners. Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment. Construction Sign: A temporary sign identifying a building or construction site, architects, engineers, contractors or suppliers. Directional Signs: A sign providing directional information about the use or uses within the development where the sign is located. Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, however frequently, 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, but is not limited to, a sign display that incorporates a technology or method allowing the image on the sign face to change without having to physically or mechanically replace the sign face or its components. This also includes, but is not limited to, 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 face to present a series of images or displays. Flag: Any cloth, flexible plastic, or fabric containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity, that is attached along one side to one pole or attached to a rope on one pole that allows for raising and lowering the flag. Flashing Sign: An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. Ground Sign: Any permanent, freestanding sign supported by or upon standards, poles, beams or other supports or foundation directly affixed to the ground. Identification or Nameplate Sign: A sign which bears the name or address or both of the business or the occupant of the building on which it is located. Illuminated Sign: A sign which has artificial light source directed upon it or which has an interior light source. Ordinance 04-08, Sign Ordinance page 3 of 20 • • • Sign Height: Height shall be measured from grade to the uppermost points or level of sign structure. Temporary Signs: A sign erected for a limited period of time. Wall Sign: A permanent sign attached to or erected against the wall of a building or structure with the exposed face to the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. SECTION III. ADMINISTRATION AND ENFORCEMENT A. Permit Required. No sign shall be erected, altered, reconstructed, maintained or moved in the city without first securing a permit from the city, unless this ordinance specifically states otherwise. The noncommercial speech content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. The permit owner shall be responsible for all of the requirements of this Ordinance, including the liability for expense of removal and maintenance incurred by the City. Sign permit fees shall be as specified in the city fee schedule. B. Repairs. All signs shall be maintained in good condition and the areas around them kept free from debris, bushes, high weeds, and from anything else which would be an eyesore or nuisance. All signs must be maintained to prevent the sign from becoming unkempt in appearance. When any ground sign is removed, the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions. Any sign located in the city which may now be or hereafter become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions of this sign ordinance, shall be removed or otherwise properly secured in accordance with the terms of this sign ordinance by the owners thereof or by the owners of the grounds on which said sign shall stand, upon receipt of proper notice so to do, given by the City. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this sign ordinance and upon proper permit issued by the issuing authority. Ordinance 04-08, Sign Ordinance page 5 of 20 • • SECTION V. ZONING DISTRICT REGULATIONS: A. RURAL ZONING DISTRICTS R Rural District R -X Rural Executive District R -BR Rural Business Reserve District In the R Rural District, R -X Rural Executive Residential District, and R -BR Rural Business Reserve District, all signs must comply with the requirements in the tables in Section IX. and in Section VI. B. RESIDENTIAL ZONING DISTRICTS R-1 Single Family Residential District R -EC Single Family Residential District R -1X Single Family Residential District R-2 Two -Family Residential District R-3 Medium Density Residential District R-4 High Density Residential District R-6 Manufactured Home Park District In the R-1 Single Family Residential District, the R -1X Single Family Executive Residential District, the R -EC Single Family Estate Conservation District, the R-2 Two Family Residential District, the R-3,Medium Density Residential District, the R-4 High Density Residential District, and the R-6 Manufactured Home Park District, all signs must comply with the requirements in the tables in Section IX. and in Section VI. C. BUSINESS AND PUBLIC AND SEMI-PUBLIC ZONING DISTRICTS NB Neighborhood Business District LB Limited Business District GB General Business District PSP Public and Semi -Public District In the Neighborhood Business District all signs must comply with the requirements in the tables in Section IX. and in Section VI. In the Limited Business District all signs must comply with the requirements in the tables in Section IX. and in Section VI. Ordinance 04-08, Sign Ordinance page 7 of 20 • G. Illuminated signs are allowed only in Neighborhood Business, Limited Business, General Business, Light Industrial, and General Industrial zoning districts. Illuminated signs also are allowed in a Planned Unit Development when the illuminated signs comply with the requirements of this ordinance and are part of an approved comprehensive sign plan. H. The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. I. Signs shall not be painted directly to any exterior building surface, but shall be on a separate frame except for temporary display windows. Sign letters/symbols may be directly attached to a wall by adhesive or mechanical fasteners. J. Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic -control device or railroad sign or signal shall be prohibited. Further, no sign shall be installed, which by reason of position, shape or color would conflict with proper function or interpretation of any traffic sign or signal. K. There shall be no use of revolving beacons, flashing signs, zip flashers or similar • lighted devices. L. No sign shall be permitted to obstruct any door, fire escape, stairway or other access of any building or structure. • M. Campaign Signs. a. State General Election years: In a state general election year, the size and duration of campaign sign display shall comply with the provisions of Minnesota Statute 211.B.045 as amended. These signs shall be confined within private property provided that the property owner's permission has been obtained. b. Other Election Years: In years when no state general election is to take place, signs announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of eight (8) square feet in size and dimensions not greater than two (2) feet by four (4) feet. These signs shall be confined within private property, provided that the property owner's permission has been obtained. A maximum of two (2) signs per candidate is allowed on any residential lot within the Single Family (R-1) and Single -Family Executive (R -1X) zoning classifications. In all other zoning classifications, signs are limited to two (2) per candidate every two hundred (200) feet of road frontage. No more than two (2) signs Ordinance 04-08, Sign Ordinance page 9 of 20 • • • 3. Except as provided in this ordinance, individual tenants of multiple occupancy structures shall not display separate wall signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per entrance and one (1) additional sign if the building is on a corner or has double frontage, and each sign shall be limited to the maximum wall size sign permitted in the district, the total of which shall not exceed the square footage allowed. 4. In any multiple occupancy structure qualifying as a mall type shopping center, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50) feet of the common public entrance being served. The size of individual business identification signing within the directory shall be established during the site plan review process. Attention shall be given to the possible number of tenant or occupancy bays which may be served by the common public entrance for which the directory sign is intended. U. Nonconforming Signs: It is recognized that signs exist within the zoning districts which were lawful before this sign ordinance was enacted, which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intention of this sign ordinance that nonconforming signs shall be allowed to continue to exist, but they shall not be enlarged upon, expanded or extended, nor be used as the grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance, or amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: 1. No sign shall be enlarged or altered in a way which increases its nonconformity. 2. Should such sign or sign structure be destroyed by any means to an extent greater than fifty (50) percent of its replacement cost and no building permit has been applied for within 180 days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this ordinance. 3. Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. 4. No existing sign devoted to a use not permitted by the zoning code in the zoning district in which it is located shall be enlarged, extended or moved Ordinance 04-08, Sign Ordinance page 11 of 20 41) SECTION VIII. SEVERABILITY • • If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would adopt the Sign Ordinance in each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Ordinance 04-08, Sign Ordinance page 13 of 20 SECTION IX. TABLES OF REGULATIONS FOR ZONING DISTRICTS A. Temporary Sign Requirements Table Ordinance 04-08, Sign Ordinance page 14 of 20 Permit Size Location Duration Banner Permit Required 32 sq ft max. All four corners must be attached to the principal building on the site. 1. One banner is allowed per permit 2. One permit is allowed per quarter of any calendar year 3. Permit is good for 17 consecutive days 4. Permit period always begins on a Friday 5. Double permit fees will be assessed if the permit is pulled after the sign is placed 6. The City has the right to remove the sign at the end of the permit period and collect the cost of removal from the permit holder and/or property owner. Portable Signs (except sandwich board signs) Permit Required 32 sq ft max. 5 feet from property line 1. One portable sign is allowed per permit 2. One permit is allowed per quarter of any calendar year 3. Permit is good for 17 consecutive days 4. Permit period always begins on a Friday 5. Double permit fees will be assessed if the permit is pulled after the sign is placed 6. The City has the right to remove the sign at the end of the permit period and collect the cost of removal from the permit holder and/or property owner. Sandwich Boards IIIfrom Permit Required at cost of one term of temporary sign permit. Six (6) sf max. 1. Must be in front of space occupied by business advertised on sign . 2. No further than fifteen (15) feet from door to business advertised on sign. 3. Must maintain four (4) feet clear area for pedestrian passage, includinistance tables, ope doors, planters, etc. 4. Must not be in parking area. 1. Sign permit is good as long as the business is in operation at the location. A different business in the same space requires a new sign permit. A different business location requires a new permit. 2. Can only be displayed during business hours: must be brought inside when business closes each day. Sandwich board signs must be of solid constru�on, of material resistant to weather, resistant to bein )cked over by wind. Signs must be always be maintained in good condition and avoid a shabby, unkempt appearance. Pennants NA NA Prohibited Pennants are prohibited. Balloons Inflatable ns No permit required. 24" diameter NA • No balloons or inflatable signs over 24" in diatilkr are allowed. Construction Sign (does not include names on construction trailers or trucks) No permit required for one sign per frontage on street forming periphery of site 10 acres or more: Max. 100 sq ft per sign Under 10 acres: max. 32 sq ft per sign Must be on subject property 10' from property line One sign on each peripheral street If a single structure, sign must be removed 30 days after issuance of certificate of occupancy for the structure. If more than one structure, must be removed 30 days after certificate of occupancy is issued for last building. If a residential subdivision, must be removed after certificate of occupancy is issued for last building. Real Estate Sign (except for Individual property with residence in Resid. or Rural zone: see Sec. III. A. and B.) No permit required for one sign per frontage on street forming periphery of site 10 acres or more: Max. 100 sq ft per sign Under 10 acres: max. 32 sq ft per sign Must be on subject property 10' from property line One sign on each peripheral street If a single structure, sign must be removed 30 days after issuance of certificate of occupancy for the structure. If more than one structure, must be removed after certificate of occupancy is issued for last building. If a residential subdivision, must be removed when all of the units are sold. Ordinance 04-08, Sign Ordinance page 14 of 20 B. Permanent Sign Requirements Tables • Ordinance 04-08, Sign Ordinance page 15 of 20 R RURAL R -X RURAL EXECUTIVE R -BR RURAL BUSINESS RESERVE DISTRICTS R-1, R -1X, R -EC R-2, R-3, R-4, R-6 RESIDENTIAL DISTRICTS Identification or Nameplate Signs -max two (2) square feet No sign permit is required. One per residence. -max two (2) square feet No sign permit is required Area Identification Signs: Can be placed at entrances to neighborhood: the number of such signs per neighborhood shall be determined by the City, with consideration to the number of entrances to the neighborhood. -max twenty-four (24) square feet -max height six (6) feet Can be placed at entrances to neighborhood: the number of such signs per neighborhood shall be determined by the City, with consideration to the number of entrances to the neighborhood. -max twenty-four (24) square feet -max height six (6) feet Ground Signs • Each property with a residence may have one freestanding sign, temporary or permanent, without a permit: the maximum size is six (6) square feet, placed at least ten (10) feet from the property line. This sign shall not advertise commercial activity that is not allowed or conducted on the same property as the sign. There is no time limit for such a sign. In addition, non-residential uses and licensed residential care facilities that are allowed by the Zoning Ordinance may have: -one (1) ground sign -max thirty-two (32) sf each sign, -max height eight (8) feet OR one wall sign as below Each property with a residence may have one freestanding sign, temporary or permanent, without a permit: the maximum size is six (6) square feet, placed at least ten (10) feet from the property line. This sign shall not advertise commercial activity that is not allowed or conducted on the same property as the sign. There is no time limit for such a sign. In addition, non-residential uses and licensed residential care facilities that are allowed by the Zoning Ordinance, and manufactured home parks in R-6 zones, may have: -one (1) ground sign -max thirty-two (32) sf each sign, -max height eight (8) feet OR one wall sign as below Building III Signs Non-residential uses and licensed n -residential uses and licensed residential care facilities that are residential care facilities that are allowed by the Zoning Ordinance allowed by the Zoning Ordinance, may have one wall sign on one and manufactured home parks in building, maximum 50 sf. R-6 zones, may have one wall sign on one building, maximum 50 sf. Advertising Signs prohibited Property Setback No Sign shall be closer than ten (10) feet to any property line. • Ordinance 04-08, Sign Ordinance page 15 of 20 NEIGHBORHOOD BUSINESS ZONING DISTRICT Single and Double Occupancy Buildings Multi -Occupancy Buildings if single building has three or more businesses, must comply with Sec. VI. T. and shall be limited to: Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. one ground sign of any type - 50 sf max - 30' height max - no closer than 50' to another ground sign - one ground sign - 100 sf max - 30' height max - no closer than 50' to another ground sign Building Wall Signs • . Single road frontage: one sign, greater of - 100sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single/double. Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. o roof signs. No wall sign higher than parapet wall Advertising Signs prohibited Pro.ert setback No sign ma be closer than 5' to any propert line. • • Ordinance 04-08, Sign Ordinance page 16 of 20 LIMITED BUSINESS ZONING DISTRICT Single and Double Occupancy Buildings Multi-Occupancy Buildings if single building has three or more businesses, must comply with Sec. VI. T. and shall be limited to: Motor Fuel Station Signs Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. one ground sign of any type - 50 sf max - 30' height max - no closer than 50' to another ground sign - one ground sign of any type - 100 sf max - 30' height max - no closer than 50' to another ground sign one pylon per frontage -80 sf -45' height if abutting freeway -one additional pylon sign -100 sf -65' height - one additional ground sign per frontage - 32 sf max - 30' max height Building Wall Signs • III Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single/double. Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. o illuminated sign may face land oned residential or guided residential by the comprehensive plan. This does not include across a street. o roof signs. No wall sign higher than parapet wall Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face Canopies must comply with Conditional Use Permit requirements in Zoning Ordinance No illuminated sign mice land zoned residential or gull" residential by the comprehensive plan. This does not include across a street. No roof signs. • No wall sign higher than parapet wall Advertising Signs prohibited Property setback No sign ma be closer than5' to any property line. .!V sac �Z'.s3. ✓ ". ro� .. mal9ia�+ . ,� �, :�sd2'Y/ ,..:.,... ,. 'i. , , a is � ;.,� ' a 'ti!% �.\.. », ..c t../, wY �u .. �,a"'f: .\ev�� Wu ,„••. '9 ..r a.. � ti, .w.... �_......&.aGL �am...w.✓%......,....,,r� i.�f �s. ... Ordinance 04-08, Sign Ordinance page 17 of 20 ;-:.;#: ::::5141Z,;,,* GENERAL BUSINESS and PUBLIC SEMI-PUBLIC ZONING DISTRICTS ' ,•.• , , 4 ),-4'1,71!::::#4<4;$'-.',;;4i:', , Single and Double Occupancy Buildings (except motor fuel stations) " -,%v4,-' ; A\AVX;44A, ''' ,,,,, Ai'M,', ,,„,` ,IfftF,:.1j,'; Multi -Occupancy Buildings if single building has three or more businesses, must comply with Sec. VI. T. . and shall be limited to: /‘' ' I:KW' ''-'.'74.I'"'-','', \‘': ' '` ^ „ ,,,. ' = , Motor Fuel Station Signs (not allowed in PSP) Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. Ground signs of any type totaling 2 sf per frontage foot, -max 200 sf -40' height max - no closer than 50' to another ground sign Ground signs of any type totaling 2 sf per frontage foot, - 200 sf max - 40' height max - no closer than 50' to another ground sign one pylon per frontage -80 sf -45' height if abutting freeway -one additional pylon sign -100 sf -65' height - one additional ground sign per frontage - 32 sf max - 30' max height Building Wall Signs III • Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single/double. Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. No illuminated sign may face land ned residential or guided sidential by the comprehensive plan. This does not include across a street. o roof signs. No wall sign higher than parapet wall Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face Canopies must comply with Conditional Use Permit requirements in Zoning Ordinance No illuminated sign may face land zoned residential or gui residential by the comp nsive plan. This does not include across a street. No roof signs. • No wall sign higher than parapet wall Advertising Signs prohibited Property setback No sign may be closer than 5' to any property line. Ordinance 04-08, Sign Ordinance page 18 of 20 LIGHT and GENERAL INDUSTRIAL ZONING DISTRICTS Business Signs (single & double occupancy buildings) (except motor fuel stations) Multi -Occupancy Buildings if single building has three or more businesses, must comply with Sec. VI. T. and shall be limited to: Motor Fuel Station Signs Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. Ground signs of any type totaling 2 sf per frontage foot, -max 200 sf -40' height max - no closer than 50' to another ground sign Ground signs of any type totaling 2 sf per frontage foot, -max 200 sf -40' height max - no closer than 50' to another ground sign one pylon per frontage -80 sf -45' height if abutting freeway -one additional pylon sign -100 sf -65' height - one additional ground sign per frontage - 32 sf max - 30' max height Building Wall Signs 1111 • Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single/double. Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across 0 street. No roof signs. No wall sign higher than parapet *all Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face Canopies must comply with Conditional Use Permit requirements in Zoning Ordinance No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not inco, across a street. No roof signs. No wall sign higher th arapet wall Advertising Signs prohibited Property setback No sign may be closer than 5' to any property line. Ordinance 04-08, Sign Ordinance page 19 of 20 . SECTION XI. ADOPTION A. As above amended, said Sign Ordinance shall stand as initially passed and previously amended. B. This ordinance shall be in effect in accordance with the City Charter. Passed by the Lino Lakes City Council this 14th day of April, 2008. ATTEST: • • The motion for the adoption of the foregoing resolution was duly seconded by Council Member Reinert and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Reinert, Stoltz, Gallup, Bergeson The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. Ordinance 04-08, Sign Ordinance page 20 of 20