HomeMy WebLinkAboutJune 9, 2009 council workshop (color) .tom 4
CITY OF f
LAKE
ELMO
City of Lake Elmo 651/777-5510
3800 Laverne Avenue North / Lake Elmo, MN 55042
City of Lake Elmo
City Council Workshop
3800 Laverne Avenue North
Lake Elmo, MN 5 5042
June 9, 2009
6:30 p.m.
1. Agenda
2. Sign Code Revisions Ordinance
3. Code Enforcement
4. Preliminary Budget Discussion
5. Adjourn
�� printed on recycled paper
City Council
Date: 4/21/09
Item: 6
NOT a]Public Hearing
ITEM: SIGN CODE REVISIONS ORDINANCE—An ordinance
repealing existing sign code regulations and adopting new
regulations to govern signs in all zoning districts.
SUBMITTED BY: Ben Gozola, Senior Planner
REVIEWED BY: Kyle Klatt, Planning Director
Kelli Matzek,Assistant City Planner
SUMMARY AND ACTION REQUESTED:
The City Council is asked to take action on a proposed ordinance to repeal all
existing sign code regulations in favor of a new set of revised sign controls. The
new controls are intended to modernize the City's sign regulations in preparation
of anticipated development guided in the current comprehensive plan. The new
regulations outline the purpose behind all sign codes,the procedures for obtaining
sign permits, how sign codes will be enforced, and the minimum standards that
signs must meet in order to be approved. Regulations focus on time (when signs
may be erected), place (the physical location of allowed signs), and manner(sign
types,height, size, number, lighting, etc).
All proposed regulations have been drafted in response to public input that has
been gathered since December of 2008 either through email or at one of two (2)
public open houses held to date. Staff was careful throughout this process to
ensure the public understood that consensus on sign regulations is typically not
possible due to the diverging interests that exist within every city. We have made
ourselves continuously available throughout the drafting of this ordinance, and
have been in constant communication with all interested parties via an email
distribution list. The resulting ordinance (and optional language contained
therein) is before the Council now for consideration.
You will find the following documents attached to this executive summary:
1. A summary of public feedback received to-date which helped to shape the
draft ordinance currently under consideration.
2. A clean copy of the proposed ordinance language which is color coded to
identify NEW language, EXISTING language, MODIFIED language, and
OPTIONAL language. "Optional" language indicates code sections that were
sought by members of the public during the process, but are not essential to
the ordinance as a whole. Any or all of the optional sections could be
eliminated without impacting the remainder of the ordinance, and there
inclusion is strictly a policy decision to be made by the City Council. All
sections of optional language were recommended for approval'by the planning
commission.
The color-coded clean copy of the ordinance will be the ideal document to
review prior to the meeting, and also to consult as the ordinance is being
reviewed.
3. A copy of the City's existing sign regulations with references identifying
where current regulations are located within the new code.
4. The proposed language formatted as an Ordinance for consideration.
In reviewing the draft ordinance,the City Council is asked to:
■ Consider the proposed language and determine whether the new ordinance
adequately balances the many interests of the citizens of Lake Elmo relating to
signs.
■ Determine which (if any)of the "optional"provisions should be approved as
part of the final ordinance.
■ Approve the regulations as presented, as amended, or to direct staff to return
with revisions. Substantial changes may require an additional public hearing
and review by the planning commission.
RECOMMENDATION:
The planning commission is recommending approval of the proposed ordinance to
update the City of Lake Elmo sign regulations as presented.
ORDER OF BUSINESS:
- Introduction.............................................................Ben Gozola, Senior Planner
- Report by staff........................................................Ben Gozola, Senior Planner
- Questions from the Council.....................................................Mayor facilitates
Call for a motion......................................................................Mayor facilitates
Discussion of the motion .........................................................Mayor facilitates
- Action by the City Council.............................................................City Council
ATTACHMENTS:
- A Summary of Public Feedback
- A color-coded CLEAN COPY of the Draft Sign Code
- A copy of the existing sign code regulations
- The proposed sign code language formatted as a formal Ordinance.
Signs: Summary of Public Feedback
Rockpoint Church concerns:
o Directional signage needed as it is difficult to find if you're not familiar with
the entry point,the 3/4 intersection, etc.
o Consider regulation that would allow an entry sign in cases like this.
o Wall sign needed for the Church.
o Check the downtown area as the downtown church allegedly has directional
signs.
a General Developer concerns:
o Neighborhood entry monument signs should be reconsidered.
• Multi-Tenant Building concerns:
o City should consider a regulation that would allow for more signage based on
leased square footage.
• Political sign concerns:
o Can the city regulation the number and size of such signs?
o Can the city regulate placement of such signs?
• Future zoning district concerns:
o How will the current update impact future zoning districts that have yet to be
created for guided development south of 10'b Street.
0 Use of natural materials concern:
o The proposed prohibition on painting signs on natural surfaces such as trees or
rocks should not preclude the use of natural materials in a sign.
• Enforcement concern:
c Be sure the final ordinance can be easily enforced
• Amount of signage concerns:
o Desires expressed to limit overall signage; desires expressed to expand
allowed signage types and sizes.
o Desires expressed for more sign options; desires expressed for tighter
regulations.
• Home Occupation concerns:
o Desires expressed to allow reasonable signage for home occupations.
0 Economy related concerns:
o Directional signage needed to advertise properties for sale in today's down
market.
• I-94 concerns:
o Desire for the city to adopt special regulations for the 1-94 corridor based on
the higher Interstate traffic speeds and the resulting need for larger signs.
Exhibit A: Official Sign District Map
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1
DRAFT Lake Elmo Sign Code—CLEAN COPY
Color Lezend:
GREEN language = existing language that has NOT been edited
ORAGE language = existing language that has been edited
BLUE language = optional language for consideration
BLACK language=new language
RED language=needs to change or be edited
SIGNS
§ 151.115 PURPOSE
(A) Purpose and Findings
(1) Purpose.
(a) The Lake Elmo Sign Regulations are 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 business community's need for effective
communication and identification. It is not the purpose or intent of
these regulations to favor commercial messages or speech over non-
commercial messages or speech or to discriminate between types of
non-commercial speech or the viewpoints represented therein. It is
the intent of these regulations to promote the health, safety, general
welfare, and desirable rural community image through the regulation
of signs with the following objectives in mind:
a. Signs shall demonstrate a high standard of aesthetic character
and encourage the use of monument and individual letter-style
signs;
b. Permit large enough copy/graphic area to effectively convey the
intended message but not so large as to unduly distract the reader
and insist on lettering large enough to be easily read to encourage
simple, uncluttered messages;
c. Signs shall be proportioned to the size of, and architecturally
compatible with, the structures and other signs on the premises;
d. Permanent signs shall only advertise on-premise businesses,
services, facilities, etc;
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DRAFT Lake Elmo Sign Cole—CLEAN COPY
e. Allow temporary business signs for grand openings and
occasional sales events; allow temporary signs to advise the
public of the seasonal sale of agricultural and horticultural
products in keeping with the City's rural image; and to allow
temporary directional signs permitting the public to more easily
locate land conservation_ developments which enhances the
City's rural image, without creating continuous visual clutter or
traffic hazards along streets or at intersections; and
£ Signs shall be properly maintained.
g. Signs that distract drivers, cyclists and pedestrians shall not be
permitted. Studies conducted by public and private agencies have
identified that dynamic signs, including multi-vision signs,
electronic signs and video displays can be highly distracting to
drivers, pedestrians, and cyclists and that distraction is a
significant underlying cause of traffic accidents. With respect to
electronic signs, including video display signs, the City finds that
they are highly visible from long distances and at very wide
viewing angles both day and night and are designed to catch the
eye of persons in their vicinity and hold it for extended periods
of time. if left uncontrolled, electronic signs, including video
display signs, constitute a serious traffic safety threat. Studies
conducted by the Federal Highway Administration (FHWA),
Research Review of Potential Safety Effects of Electronic
Billboards on Driver Attention and Distraction, Sept. 11, 2001,
and The Role of Driver Inattention in Crashes: New Statistics
from 1995; the University of North Carolina Highway Safety
Research Center, Distractions in Everyday Driving, May 2003
and The Role of Driver Distraction in Traffic Crashes, May
2001; the Wisconsin Department of Transportation, Synthesis
Report of Electronic Billboards and Highway Safety, June 10,
2003; the Municipal Research and Services Center of
Washington, Sign Control Provisions, Jan. 2006; the Veridan
Group, Video Signs in Seattle, Gerald Wachtel, May 2001,
reveal that electronic signs are highly distracting to drivers and
that driver distraction continues to be a significant underlying
cause of traffic accidents.
(2) Findings.
The City of Lake Elmo hereby finds that regulation of the construction
type, location, size, and maintenance of signs is necessary to accomplish
the above referenced objectives, because:
(a) The presence of permanent and temporary signage affects the rural
image of the City of Lake Elmo;
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DRAFT Lake Elmo Sign Code—CLEAN COPY
(b) Properly regulated signage can create an atmosphere of prosperity,
stimulate commercial activity, and consequently, lead to increased
employment and a healthier tax base;
(c) The safety of motorists, cyclists, and pedestrians can be threatened
by signage that interferes with necessary sight-distances and/or
unduly diverts the attention of such persons.
(d) Signs that are too bright, overly illuminated, flash, blink, scroll,
twirl, change messages or color, or imitate movement, including
video displays, can distract drivers, cyclists and pedestrians and
impact traffic safety.
(B) Severability. If any section, subsection, sentence, clause, or phrase in
sections 15 1.1 15 through 151.119 are 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 have adopted the
Sign Ordinance in each section, subsection, sentence, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
(C) Definitions. The definitions set forth in this Section are in addition to the
definitions set forth in Section 11.01. In the event of a conflict between the
Sections, the definitions in this section shall apply.
Abandoned sign - any sign and/or its supporting sign structure which remains
without a message or whose display surface remains blank for a period of one
(1)year or more, or any sign which pertains to a time, event or purpose which
no longer applies, shall be deemed to have been abandoned. Signs applicable
to a business temporarily suspended because of a change in ownership or
management of such business shall not be deemed abandoned unless the
property remains vacant for a period of one (1) year or more. Any sign
remaining after demolition of a principal structure shall be deemed to be
abandoned. Signs which are present because of being legally established
nonconforming signs or signs which have required a conditional use permit or
a variance shall also be subject to the definition of abandoned sign.
animation -- The movement or the optical illusion of movement of any part a
sign, sign structure, design, or pictorial segment, including the movement of
any illumination or the flashing or varying of light intensity; the automatic
changing of all or any part of the facing of a street sign.
Awning means a shelter supported entirely from the exterior wall of a
building.
Awning sign - a sign or graphic printed on or in some fashion attached
directly to the awning material.
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DRAFT Lake Einio Sign Code—CLEAN COPY
Back lit(sign illumination)means a direct source of light which illuminates .
a sign by shining through a translucent surface of a sign, including plastic
signs, lit from an internal light source.
Banner-A temporary sign typically made of cloth,plastic or vinyl materials.
Billboard-A sign structure with a surface area over one hundred(100)
square feet per surface that identifies or communicates a commercial or non-
commercial message.
Business Vehicle Identification Sign—A sign that is permanently mounted
or otherwise permanently affixed to a vehicle,trailer, or semitrailer which
identifies the business,products, or services with which the vehicle,trailer, or
semitrailer is related. For purposes of this definition,magnetic and adhesive
signs shall be considered as being permanently affixed. This definition shall
also include non-permanently affixed signs that do not exceed 32 square feet
erected in concert with a legally operating wayside stand. Bumper stickers
and similarly sized adhesive decals shall not be considered business vehicle
identification signs.
Canopy means a detachable,rooflike cover, supported from the ground or
deck, floor or walls of a structure, for protection from the sun or weather.
Canopy sign means a sign that is mounted,painted, or otherwise applied on
or attached to a freestanding canopy or structural protective cover over an
outdoor service area. An awning or a marquee is not a canopy.
Changeable copy sign-A sign designed to allow the changing of copy
through manual, mechanical, or electrical means including time and
temperature.
Commercial Speech—Speech or graphics advertising a business,profession,
commodity, service or entertainment.
Direct illumination(sign illumination)means a sign whose light source is
either located in the interior of the sign so that the rays go through the face of
the sign, or which is attached to the face of the sign and is perceived as a
design element of the sign.
Directional sign—An on-site sign for the purpose of making specific
locations known and to assist in finding these locations(e.g. "Parking,"
"Shipping Receiving Area").
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DRAFT'Lake Elmo Sign Cade—CLEAN COPY
Electronic Variable Message Sign— Signs whose message are changed at
reasonable intervals by electronic process or remote control and whose
movement is the periodic changing of information against a solid, colorless
background, engineered for maximum legibility and readability, and having a
constant light level and glare reduced screens. This definition does not
include static time,temperature and price displays which only change when
necessary for accuracy.
External Illumination Illumination of a sign that is affected by an artificial
source of light not contained within the sign itself.
Flag" -any fabric or similar lightweight material attached at one end of the
material,usually to a staff or pole, so as to allow movement of the material by
atmospheric changes and which contains distinctive colors,patterns, symbols,
emblems, insignia,or other symbolic devices.
Freestanding sign means a sign that is attached to, erected on, or supported
by some structure(such as a pole,mast, frame, or other structure)that is not
itself an integral part of or attached to a building or other structure whose
principal function is something other than the support of a sign. Monument,
pole, and ground signs are all freestanding signs.
Governmental Sign—a sign erected and maintained by or on behalf of the
United States,the state,the county, or the city for the purpose of regulating
�. traffic or for other civic purposes;the size, location, and height of which is
dictated by the applicable agency to fulfill the intended civic purpose.
Ground sign'- any freestanding sign with its sign face mounted on the
ground or mounted on a base at least as wide as the sign and which has a total
height not exceeding six(6) feet.
Historic sign means an existing sign which has a special historical,
architectural, cultural, or aesthetic value to the community.
Illuminated sign"- any sign which contains an element designed to emanate
artificial light directly or indirectly.
Indirect illumination(sign illumination)means a sign whose light source is
external to the sign and which casts its light onto the sign from some distance.
Monument sign"- any freestanding sign with its sign face mounted on the
ground or mounted on a base at least as wide as the sign and which has a
height exceeding six(6) feet.
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DRA F T Labe Elmo Sign Code— COPY
multi-tenant building-A grouping of two or more business establishments .
that either share common parking on the lot where they are located, or that
occupy a single structure or separate structures that are physically or
functionally related or attached.
Mural Sign-Any mural or pictorial scene painted on a wall or building or
painted on a sign board affixed to a wall, and in which mural or scene has as
its purpose an artistic effect.
Non-commercial Speech-A sign that contains a non-commercial message.
Examples of non-commercial messages include,but are not limited to,
messages concerning political, religious, social, ideological,public service
and informational topics.
"Off-premise sign"- a commercial speech sign which directs the attention of
the public to a business, activity conducted, or product sold or offered at a
location not on the same lot where such sign is located. A sign located within
an easement or other appurtenance to a lot on which a business is located shall
be deemed an off-premises sign.
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"Permanent Sign"-A sign constructed of durable materials designed to
exist for the duration of time that the use or occupant is located on the
premises.
Pole sign"-any freestanding sign which has its supportive structure(s)
anchored in the ground and which has a sign face elevated above ground level
by pole(s)or beam(s) and with the area below the sign face open
portable sign-A sign not permanently attached to the ground or a building
or designed to be permanently attached to the ground or a building.
Projecting sign--A sign attached to and projecting out from a building face
or wall, generally at a right angle.
Reverse lit(sign illumination)means a direct source of light which
illuminates a sign by shining off an opaque surface of a sign thereby casting
the light off the wall behind the sign creating a halo effect.
Roof sign"-any sign erected and constructed wholly on and above the roof of
a building, supported by the roof structure, and extending vertically above the
highest portion of the roof.
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DRAFT Lake Ehno Sign Code—CLEAN COPY
"Sign"- Any letter, word or symbol, device, poster, picture, statue, reading
matter or representation in the nature of an advertisement, announcement,
message, or visual communication, whether painted, posted, printed, affixed
or constructed, which is displayed for informational or communicative
purposes and is visible to the general public.
"Sign, Real Estate Development"- A sign offering for sale, lease, or rent a
single-family or multiple-family residential project of 10 or more dwelling
units or lots. Real estate development signs shall be administered as
permanent signs subject to all removal requirements outlined in code.
"Sign, Agricultural Sales"- A sign placed on a lot or parcel of land
advertising an operating and permissible agricultural sales business. Off-
premises agricultural sales signs shall be administered as temporary signs
subject to all removal requirements outlined in code.
"Sign, Wayside Stand" A sign l ated e a to stmetur-e ve ram
Snipe sign means an off-premises sign that is tacked, nailed, posted, pasted,
glued, or otherwise attached to trees, poles, stakes, fences, or to other object
"Temporary Sign"- Any sign intended for display over a short period of
time.
Unified Residential Area-A residential grouping of lots that share a plat
name over one or more additions.
Wall sign-A sign attached to or erected against the wall of a building with
the exposed face of the sign on a plane parallel to the plane of the wall, and
which displays only one (1) sign surface.
Warning sign-A sign located on private property posting such property for
warning or prohibitions on trespassing, hunting, or other activity.
Window sign" - any building sign,pictures, symbol, or combination thereof,
designed to communicate information about an activity, business, commodity,
event, sale, or service, that is placed inside a window or upon the window
panes or glass and is visible from the exterior of the window.
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DRAFT Lake Elmo Sign Code—CLEAN COPY
151.116 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. The content of the message
or speech displayed on the sign shall not be reviewed or considered in
determining whether to approve or deny a sign permit.
(1) Permanent Signs. To apply for a permanent sign permit, a complete
application shall be submitted to the City containing the following:
(a) Names and addresses of the applicant, owners of the sign., and lot;
(b) The address at which the sign(s) are to be erected;
(c) The legal description of the property on which the sign(s) are to be
erected and the street on which they are to front;
(d) A complete set of scaled plans showing the sign dimensions, area,
height, ground elevations, applicable setbacks, and other details to
fully and clearly represent the safe construction and placement of the
proposed sign(s);
(e) Type of sign(s)being requested (i.e. wall sign, monument sign, etc.);
(f) The permit fee; and
(g) The following if applicable:
i. Written authorization from the property owner upon who's land
the sign is to be erected.
ii. A permit from either MnDOT or Washington County if the
proposed sign is along a state highway or county road.
iii. A sign plan showing signs for all businesses if the sign is located
on a building with more than one business.
iv. Photographs of the building face and the building faces of both
adjacent buildings if the sign is being placed on an existing
structure.
v. If replacing a historical sign, pictorial proof or other information
that the sign is of historical_ significance or is a reproduction of a
historic sign.
(2) Temporary Signs. To apply for a permit to allow a temporary sign, a
complete application shall be submitted to the City containing the
following_
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DRAFT Luke Ehno Sign Corte—CLEAN COPY
(a) Names and addresses of the applicant, owners of the sign, and lot;
(b) The address at which the sign(s) are to be erected;
(c) A generalized plan set showing the sign dimensions and height, and
a notation of the materials to be used.
(d) A scaled site plan which clearly represents the placement of the
proposed sign(s) on the applicable property;
(e) The proposed timeframe(s) over which the sign(s) will be posted;
(f) The permit fee; and
(g) The following if applicable:
i. Written authorization from the property owner upon who's land
the sign is to be erected.
ii. A permit from either MnDOT or Washington County if the
proposed sign is along a state highway or county road.
(3) Temporary Sign Renewal. A temporary sign permit issued by the City
may be renewed provided the sign design, size, location, or other
previously approved details are not proposed to change. A sign renewal
application shall include the following:
(a) Names and addresses of the applicant, owners of the sign, and lot;
(b) The address at which the sign(s) are to be erected;
(c) The date of issuance of the permit being renewed;
(d) The proposed timeframe(s)over which the sign(s) will be posted;
(e) Written authorization from the property owner upon who's land the
sign is to be erected (if applicable); and
(f) The permit renewal fee.
(4) Review. The planning department shall approve or deny complete sign
permit applications upon receipt of a complete application. If the permit
is denied, the planning department will send a written notice of denial to
the applicant. The written notice will indicate the reason(s) for denial
and a description of the applicant's appeal rights.
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DRAF •Lake Ehno Sign Code—CLEAN COPY
(B) Exemptions.
The following signs shall not require a permit, but shall still comply with all
provisions of this ordinance or any other law or ordinance regulating signs.
(1) The changing of the display surface on a previously approved sign.
(2) Signs six (6) square feet or less in size, per surface if double sided.
(3) Window Signage that does not cover more than 1/3 of the total area of
the window in which the sign is displayed
(4) Governmental Signage.
(C) Fees.
The fee for a sign permit is established yearly in the City's adopted fee
schedule as indicated in section 11.02.
(D) Computations.
(1) Sign Area Measurement.
Figure 1: Sign Area
The area of a sign shall be computed by Measurement
means of the smallest circle, rectangle or
triangle that will encompass the extreme s MANNEU
limits of the writing, representation, _ I LETTERS�� a
emblem, or other display, together with any 1 1
material or color forming an integral part of Width
the background of the display or used to
differentiate the sign fi•om the building
facade against which it is placed. When a
sign has two back-to-back sign faces
containing sign copy, the sign area for both CIRCLE
faces are counted toward the total allowed Area = 7Ir2
sign area. Poles, bases, and other supports
shall not be included in the sign area
calculation.
TRIANGLE
Area = 1/2 (b * h)
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DRAFT Lake Dow Sign Code—CLEAA1 COPY
(2) Sign Height Measurement
The height of the sign shall be computed as the vertical distance
measured from the average grade at the base of the sign to the top of the
highest attached component of the sign.
Figure 2:Sign Height Measurement
SIGN Height of sign from average Si
grade to the sign top
—midpoint of
aerage grade
(3) Total Sign Area Calculation
The total square footage of all sign surfaces shall be computed by adding
together the sign areas of all signs on a property.
POLE
scc�v
Pole Sign Area 3
+Wall Sign Area
+Window Sign Area
= TOTAL SIGN AREA
Figure 3: Total Sign Area Measurement Example
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DRAFT Luke Ehno Sian Code—CLEAN COPY _—---._�— -- --.
(E) Construction, Maintenance and Repairs.
(1) The construction of all signs, unless otherwise stated herein, shall be in
conformance with the provisions of the Uniform Sign Code published by
the International Conference of Building Officials, 1997 Edition, as may
be amended, which is hereby adopted by reference and made a part of
this ordinance.
(2) All signs and structures shall be properly maintained and shall be
constructed of sufficiently permanent material so that they shall not
succumb to deterioration from weathering.
(3) Any existing sign or sign structure which is rotted. unsafe, deteriorated.
defaced, or otherwise altered, shall be repainted. repaired, replaced, or
removed if repair is not feasible. Sign maintenance shall be the
responsibility of the underlying fee owner.
(F) Abatement.
If the City finds that any sign has been erected without the necessary
approvals or any sign is being maintained in violation of any zoning
provision, the City may give written notice of such violation to the installer of
said sign; to the permit holder; and/or to the owner, lessee or manager of said
property. If after receiving said notice such person fails to remove or alter
said sign so as to comply with the provisions of the zoning ordinance, the sign
shall be deemed to be a nuisance and may be abated by the City under
Minnesota Statutes, Chapter 429. The cost of such abatement, including
administrative expenses and reasonable attorneys' fees, may be levied as a
special assessment against the property upon which the sign is located.
151.117 General Standards
(A) Abandoned Signs
Abandoned signs shall be removed.
(B) Building identification.
A building address, date of construction, commemorative tablet, etc. shall not
count towards the overall permitted signage on a building or parcel. All forms
of building identification, except for the building address, shall be cut into a
masonry surface or be constructed of bronze or other incombustible material.
(C) Building Official Review. No sign shall be attached to or be allowed to hang
from any building until all necessary wall and roof attachments have been
approved by the City Building Official.
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Dk4FT Lake Elmo Sign Code—CLEAN COPY
(D) Changeable Copy Signs. A changeable copy sign, such as a reader board,
may be integrated into an allowable sign subject to the following restrictions:
(1) The message conveyed by the sign face shall not blink, flash, scroll or be
so animated as to be deemed a distraction to passing motorists;
(2) Copy on the sign shall not change more than once per day on average
(except for time, temperature, and price information which must change
when necessary for accuracy);
(3) Characters and backgrounds depicted on a changeable copy sign shall
not use florescent coloring.
(4) All changeable copy sign faces shall be limited to a maximum of 25
square feet in sign area, or the maximum size of the type of sign on
which the face is placed, whichever is less.
(E) Flags. No more than 3 flags may be displayed on any given parcel.
Individual flags shall not exceed one-hundred (100) square feet in size per
surface.
(F) Illumination.
(1) Illumination of signs shall comply with Chapter 150 code requirements
governing Lighting, Glare Control, and Exterior Lighting Standards.
(2) Indirect illumination for signs shall be so constructed and maintained
that the source of light(i.e. the bulb; not the fixture) is not visible from
the public right-of-way or residential property.
(3) Back-lit awnings are prohibited.
(G) Ingress or egress. No sign or structure shall be erected or maintained if it
prevents free ingress or egress from any door, window, or fire escape. No
sign or sign structure shall be attached to a standpipe or fire escape.
(H) Landscaping. Sign owners shall be required to maintain the appearance of
the ground around all signs detached from buildings and to landscape where
possible.
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(I) Master Sign Program.
A Master Sign Program shall be reviewed and approved for all multi-tenant
commercial buildings and for all business park development to coordinate all
signage for current and future tenants. The Master Sign Program shall be
reviewed as a permanent sign permit. but shall only authorize the general
locations and sizes of signs to be erected within a development or on a multi-
tenant building. Individual permanent sign permits shall still be needed for
the placement ofpermanent signs in accordance with an approved Master
Sign Program. Master Sign Programs shall be subject to the following
requirements:
(1 ) A Master Sign Program shall include a to-scale site plan which identifies
the overall sign types, sizes, and locations for all proposed signage on
the site(s). The site plan shall not contain the names ofany current or
future tenants or occupants of the center or overall development.
(2) The Master Sign Program shall include a calculation of allowable sign
square footage for the site(s) based on applicable zoning requirements
and lot characteristics.
(3) The Master Sign Program shall include square footage calculations for-
individual signs proposed for the site(s), along with a total sign square
footage area calculation.
(4) All signs within a Master Sign Program shall be visually consistent in
location, design, and scale.
(5) The Master Sign Program may be reviewed concurrently with a separate
permanent sign permit for the individual sign(s) identified in the Master
Sign Program. The separate permanent sign permit shall include all
information required by section 151.1 16(A)(1), and may only be
approved if the Master Sign Program is approved.
(.l) Multi-Tenant Buildings.
(1) Multi-tenant buildings are herein considered a single commercial
establishment. and shall be limited to one (I ) freestanding sign amongst
all planned/allowed signage subject to the following requirements:
(a) If the multi-tenant commercial building has a floor area of 40,000
square feet or less, the sign shall not exceed forty (40) square feet
(per side) and shall not exceed eight (8) feet in height.
(b) If a multiple tenant commercial building has a floor area greater than
40,000 square feet but less than 100,000 square feet, the sign shall
not exceed seventy-five (75) square feet (per side) and shall not
exceed nine (9) feet in height.
4-21 09 C'in•Council Reilew 14
DRAFT Lake Ehno Sign Code—CLEAN COPY
(c) If a multiple tenant commercial building has a floor area of greater
than 100,000 square feet, the sign shall not exceed 120 square feet
(per side) and shall not exceed fifteen (15) feet in height.
(2) Where a building, group ofattached buildings on the same block.. or
center contains more than one business, the allowable sign area for any
single business shall be its portion of the gross square footage of the
building or center applied as a percentage to the allowable sign area of
the entire building or center, subject to size limitations for specific signs
within an approved Master Sign Program.
(K) Neighborhood Identification Signs
Independent of the total allowable sign area for individual residences within a
residential zoning district, two (2) ground signs for a unified residential area
with six (6) or more lots may be allowed consistent with the following
provisions:
(1) New subdivisions:
(a) Neighborhood identification sign(s) shall be approved as a
component of a preliminary and final plat to be included as part of a
new subdivision.
(b) Each sign may not exceed a total of thirty-two (32) square feet in
area.
(c) Signs are to be located on outlots of sufficient size and area to
accommodate them or within a dedicated permanent sign easement.
A homeowners or neighborhood association is required for the area
identified by the signs which shall own and be responsible for the
upkeep, perpetual maintenance, taxes, insurance, utilities, and other
costs associated with the sign(s) and their property. The association
rules or by-laws shall specify how the aforementioned sign
responsibilities will be delegated and paid for. City staff shall
review the proposed bylaws to ensure that they specify the
aforementioned responsibilities.
(d) Outlots or easements for signs are to be considered and planned for
at the time of preliminary plat application and shall be included in
the final plat. A developers agreement shall specify the designated
use of the outlot or easements, its ownership, and the respective
home owners association responsibilities regarding the proposed
improvements.
(e) Only indirect lighting of neighborhood identification may be
approved. The electric costs and maintenance of such lighting shall
be the responsibility of the homeowners association or neighborhood
association of the area identified by the sign(s) and shall be clearly
noted in the association's rules or bylaws.
4 21-09 On-C omicil Rcrirn' 15
DRAFT Lake Ehno ,Sign Corse—CLEAN COP}' _ ---T�—=— —-- -�
(f) The area around the sign is to be landscaped and maintained in such
a manner to accent and enhance the sign while remaining sensitive to
the natural features of the site. Detailed site and landscape plans
shall be included with each sign permit application and shall be
subject to review by the Planning Commission and City Council at
the time of Preliminary Plat.
(g) The design and construction of neighborhood area identification
signs shall be done with the highest quality materials and
workmanship to keep maintenance and upkeep costs to a minimum
and to minimize the potential for vandalism. Neighborhood area
identification signs are to be aesthetically pleasing when designed
and constructed. The signs shall be compatible with nearby or
potential homes and other structures in the area. Detailed
construction plans and a materials list shall be included with the
preliminary plat application.
(h) The City reserves the right to require the removal—at the owner's
expense—of any sign when the requirements of this Section and this
Ordinance are not completely followed and adhered to or if the sign
is not properly maintained or falls into a state of disrepair. The City
shall not have any obligation or liability to replace any sign or
nearby landscaping when removed by the City.
(2) Existing Unified Residential Areas: A neighborhood identification sign
may be allowed by Conditional Use Permit for existing unified
residential areas. If no outlots or easements were originally designated
for signs, the plat may be amended to provide for such a proposal and
shall meet the same criteria and requirements as set forth for new
subdivisions.
(L) Non-commercial speech signs. Notwithstanding any other provisions of this
sign ordinance, all signs of any size containing non-commercial speech may
be posted from August I in any general election year until ten (10) days
following the general election and thirteen (13) weeks prior to any special
election until ten (10) days following the special election.
(M) Private on-premises directional signs. Signs located on. above or beside
entrances or exits to buildings or driveways which direct pedestrians or
vehicles (e.g. "employees entrance," "exit only.""rest rooms,"etc) shall not
count towards the overall permitted signage on a site provided such signs are
no more than four(4) square feet in area.
4-21-09 Cite Council Rei101' 16
DRA FT Lake Ehno Sign Code—CLEAN COPY
(N) Prohibited Signs
The following signs are prohibited in all zoning districts.
(1) Signs obstructing vision. Any sign which obstructs the vision of
drivers or pedestrians or detracts from the visibility of any official
traffic-control device. This includes indoor signs that are visible from
public streets.
(2) Unofficial traffic signs or signals. Any sign which contains or imitates
an official traffic sign or signal, except for private, on-premises
directional signs which do not interfere with traffic flows on public
roads.
(3) Off premises advertising signs. Off premises advertising signs except
as specifically allowed.
(4) Signs with moving parts, moving lighting or animation. No sign
shall display any moving parts, be illuminated with any flashing or
intermittent lights, use changing light intensity, utilize spotlights giving
off an intennitteni or rotating beam existing as a collection or
concentration of rays of light (including but not limited to revolving
beacons, beamed lights, or similar devices), or be animated. The only
exceptions to this provision include allowable changeable copy signs;
barbershop poles; and static time, temperature, and price information
changing only when necessary (which shall be allowed provided the
message depicted is reasonably accurate),.
(5) Roof signs.
(6) Banners,pennants, ribbons, streamers. No sign which contains or
consists of banners, pennants, ribbons, streamers, string of light bulbs,
spinners, or similar devices; except when used for non-commercial
purposes, as a governmental sign, or as part of an approved master sign
program or special event temporary sign permit.
(7) Portable signs. Including but not limited to signs with wheels removed,
attached temporarily or permanently to the ground, structure or other
signs, mounted on a vehicle for advertising purposes,parked and visible
from the public right-of-way, hot air or gas filled balloons or semitruck
umbrellas used for advertising. This prohibition shall not include
business vehicle identification signs when the vehicle is being used for
the normal day-to-day operations of a permitted business.
(8) Signs supported by a guy wire.
(9) Billboards.
(10) Electronic Variable Message Signs.
4 2l-09 Cin•Council ReOov 17
DRAFT Lake Ebno Sign Code—CLEAN COPY
(11) Signs on natural surfaces. No sign shall be painted, attached or in any
other manner affixed to trees, rocks, or similar naturally occurring
surfaces within the City of Lake Elmo. This shall not prohibit the use of
natural building materials (e.g. boulders) in the construction of a legally
permitted sign.
(12) Snipe signs.
(0) Public lands and rights-of-way. No signs other than governmental signs
shall be erected or temporarily placed within any street right-of-way or upon
public lands or easements or rights-of-ways without Council approval.
(P) Regulations for Specific Sign Types
(1) Wall signs
(a) A wall sign shall be located on the outermost wall of any principal
building but shall not project more than 16 inches fi•om the wall to
which the sign is to be affixed.
(b) A wall sign shall not project higher than the parapet line of the wall
to which the sign is to be affixed.
(c) Wall signs authorized by a Master Sign Program shall not exceed 25
square feet per business, and all signs shall be visually consistent in
location, design, and scale. _
(d) Wall signs may be placed on not more than three walls of
rectangular shaped structures or not more than 75 percent of the
major walls on non-rectangular shaped buildings.
(2) Mural Sign.
(a) Mural signs shall not be limited in size, but any commercial or non-
commercial language incorporated into the mural sign shall be
limited in size by the restrictions established for the applicable
zoning district.
(b) In addition to the standard conditional use criteria in section
154.018, mural signs shall also be subject to the following:
i. The location for the proposed mural sign shall be viewable by the
public and be accessible;
ii. The scale and suitability of the mural sign shall be appropriate in
the context of the surrounding properties;
iii. The artist(s) commissioned to complete the mural must provide
documentation of demonstrated craftsmanship on similar
projects;
iv. The applicant shall provide sureties to the city guaranteeing
completion of the project within the proposed timeframe;
4-21 09 C'iti.Council Rei-ien
DRAFT Lake EInyn Sign Code—CLEAN COPY
v. The applicant shall demonstrate that the necessary funds are
available for the proposed project;
vi. The applicant must be able to show the final mural will last a
minimum of five years and be reasonably resistant to vandalism
and weather.
(3) Projecting,Awning, and Canopy Signs.
(a) Projecting signs and awning signs shall be located on street level.
(b) if lighted, projecting, awning. and canopy signs shall use indirect
illumination.
(c) Awning or canopy signs shall not project higher than the top of the
awning or canopy or below the awning or canopy.
(d) Clearance. The bottom of a projecting sign or awning shall be a
minimum of eight feet (8') above the ground surface when
projecting over a private or public walkway.
(4) Freestanding Signs. Freestanding signs shall not be erected or
maintained any closer than three feet to any building.
(Q) Separation Angle. So as not to create a double exposure or increase sign size
limitations, there shall be a maximum separation angle of forty-five degrees
for signs which are back to back. In all residential districts, double-faced
signs shall be parallel.
(R) Signs needing electricity. Signs needing electricity shall be subject to all
applicable electrical codes as may be amended. Overhead wiring for such
signs is prohibited.
(S) Special Sign Districts. All general sign regulations shall apply to signs
within each of the special sign districts except as specifically noted herein.
(1) Old Village.
(a) Boundary. The boundary of the Old Village Sign District is depicted
on the city's official sign district map. Modifications to the district
boundary may be completed using the zoning map amendment
process.
(b) Illumination. Indirect illumination or rc\crse lit letters shall be the
permitted techniques for lighting all signs within the Old Village
Sign District. Other forms of direct illumination are prohibited.
4-21-09 Citr Council Review 19
DR,4FT Lake Ehno Sian Coll.'—CLEAN COPY
(c) Wall Signs. �►
i. Wall signs in the Old Village Sign District shall not project
higher than the parapet line of the wall to which the sign is to be
affixed or 15 feet as measured from the base of the building wall
to which the sign is affixed, whichever is lower.
i1. Wall signs in the Old Village Sign District authorized by a
Master Sign Program shall not exceed 20 square feet per
business, and all signs shall be visually consistent in location,
design, and scale.
(d) Freestanding Signs.
i. The area ol'a freestanding sign in the Old Village Sign District
shall not exceed thirty (30) square feet.
ii. Freestanding signs in the Old Village Sign District shall not
project higher than 12 feet, as measured from the average grade
at the base of the sign or grade of the nearest roadway,
whichever is lower.
(2) Agricultural Sales District
(a) Boundary. The Agricultural Sales District shall include all
properties zoned Agricultural or Rural Residential.
(b) On-premises sign(s). Independent of the total allowable sign area for
an individual property within the agricultural sales district, one or
more additional on-premises signs may be erected on a property in
conjunction with an operating agricultural sales business subject to
the following requirements and restrictions:
i. Agricultural sales businesses utilizing less than 10 acres of land
specifically for the growing of agricultural crops for the business
are allowed 1 on-premises sign not to exceed 32 gross square feet
of advertising surface;
ii. Agricultural sales businesses utilizing more than 10 acres of land
but less than 40 acres of land specifically for the growing of
agricultural crops for the business are allowed 1 or 2 on-premises
signs not to exceed 48 gross square feet of advertising surface
(with no sign surface exceeding 32 square feet in size);
iii. Agricultural sales businesses utilizing more than 40 acres of land
specifically for the growing of agricultural crops for the business
are allowed 1 , 2 or 3 on-premises signs not to exceed 64 gross
square feet of advertising surface(with no sign surface exceeding
32 square feet in size);
iv. Sign(s) shall be in the form of an allowable sign type in the
underlying zoning district.
.M,
4-2l-09 Cilr Council Ro iov 20
DRAFT Luke Ehno Sign Code—CLEAN COPY
v. No dimension of any sign shall exceed 15 feet exclusive of
supporting structures.
vi. Any illuminated sign shall be illuminated only during those
hours when business is open to the public for conducting
business.
(c) Temporary off-premises sign(s). Independent of the total allowable
sign area for an individual property anywhere within the city, a
temporary off-premises sign may be erected on a property in
conjunction with an operating agricultural sales business subject to
the following requirements and restrictions:
i. Maximum Number. Every agricultural sales business shall have
no more than two off-premises signs at any given time to direct
the public to the location of the business.
ii. Timeframe of use. Temporary off-premises signs may be erected
for 45-day time periods no more than four times in any given
calendar year. The required temporary sign permit shall stipulate
the range of dates for each of the four allowable time periods in
any given calendar year.
iii. Size and Height. An off-site agricultural sales advertising sign
shall not exceed 50 square feet in area and shall not be taller than
10 feet in height,-
iv. Setbacks. Off-premises signs shall be a minimum of 25' from all
side property lines, and a minimum of 50' from other off-
premises advertising signs;
v. Permission Required. Applicants for off-premises signs shall
acquire permission from the property owner upon whose land the
sign is to be erected.
(3) I-94 District(optional)
(a) Boundary. The 1-94 district shall include parcels within the BP,
GB, HB, CB, and LB zoning districts which meet the following
criteria:
i. The property is a buildable lot located to the south of Hudson
Boulevard and to the north of Interstate 94.
ii. The property's southern boarder abuts Hudson Boulevard, and is
not directly north—either wholly or partially—of a developable
parcel lying between Hudson Boulevard and Interstate 94.
(b) Illumination. All forms of illumination which conform to the
general illumination standards for all signs shall be the permitted
within the I-94 Sign District.
4-21-09 Cii.v Cenincil Rrricn 21
DRAFT Lake Ehno Sign Code—CLEAN COPY
(c) Maximum total square footage of ALL sign surfaces. The
maximum total square footage of all sign surfaces in the 1-94 district
shall be dictated by the maximum sign sizes for allowable sign types.
(d) Wall Signs. The least restrictive of the following may be used to
determine the allowable area for wall signs in the I-94 District:
i. The total area of all wall signs on any wall shall not exceed ten
percent of the area of the wall with a maximum allowable area of
80 square feet; or
ii. The total area of all wall signs on any wall shall not exceed five
percent of the area of the wall with a maximum allowable area of
300 square feet.
(e) Freestanding Signs. In lieu of a freestanding sign meeting
underlying zoning requirements, a building site within the 1-94
District may have one freestanding sign within 50 feet of the
property line nearest the Interstate provided the sign does not exceed
150 square feet per side (300 square feet total) or 30 feet in height.
The base of such a sign shall be at least 75 percent of the width of
the sign and be constructed of materials that match those used on the
building for which the sign is installed.
(f) Window Signs. Window signs in the I-94 district shall not cover
more than 1/3 of the window area.
(g) Awning, Canopy, and Projecting Signs. One awning, canopy or
projecting sign, in conformance with the underlying zoning
requirements for height, location, and maximum size may also be
erected for each business on a building site in the 1-94 District.
(T) Substitution Clause. The owner of any sign which is otherwise allowed by
this sign ordinance may substitute non-commercial speech signs in lieu of any
other commercial speech sign or other non-conunercial speech sign. The
purpose of this provision is to prevent any inadvertent favoring of commercial
speech over non-commercial speech, or favoring of any particular non-
commercial speech over any other non-commercial speech. This provision
prevails over any more specific provision to the contrary.
4-21-09 Citi•C'urrnu•iI Review � �_ t --_- ��� ..- - 22
DRAFT Lake Elmo Sign Code—CLEAR'COPY
(U) Temporary Signs.
(1) Special Events. Temporary signs may be allowed upon issuance of a
permit for on-site advertising of special events such as openings and
closings, change in management, sales events, or other special
occasions. No more than four temporary sign permits may be issued in
any calendar year for a given destination, and each temporary sign
permit shall run for 15 days. Temporary signs for special events shall
be subject to the following regulations:
(a) Only one on-premises temporary sign shall be allowed per business
or event.
(b) Temporary signs shall be in the tonn of an allowable sign type in the
underlying zoning district.
(c) Temporary signs shall not exceed 32 square feet in area and shall not
be taller than 10 feet in height.
(2) Residential development advertising signs. Independent of the total
allowable sign area for individual properties or residences within a
residential zoning district, one or more additional ground signs may be
erected within a newly established unified residential area development
subject to the following:
(a) Minimum Development Size
i. Projects of less than 25 acres which create ten or more dwelling
units are allowed one (1) on-premises ground sign not to exceed
100 square feet of advertising surface;
ii. Projects of 26 through 50 acres which create ten or more
dwelling units are allowed I or 2 on-premises ground signs not to
exceed 200 aggregate square feet of advertising surface on the
project site; and
iii. Projects over 50 acres which create ten or more dwelling units
are allowed 1, 2, or 3 on-premises ground signs not to exceed
200 aggregate square feet of advertising surface on the project
site.
(b) Restrictions.
i. No dimension shall exceed 25 feet exclusive of supporting
structures.
ii. The sign shall not remain once 90% of the lots in the
development have been issued building permits.
iii. The permit for the sign must be renewed annually by the
Council.
4-21-09 Cilr Comwi!Review 23
DRAFT Luke Ehno Si,-n Code—CLEAN COPY
iv. Only indirect illumination is perinitted and shall only occur
during those hours when an on-site sales office or model home is
open for conducting business.
(3) Temporary Off-Premises Signs. Temporary off-premises signs may be
erected if all of the following criteria are met:
(a) The destination to which the off-premises sign is advertising is a
property for sale;
(b) An agent must be present at the destination property for sale, and the
property must be open for viewing.
(c) The sign must be located on private property, and permission must
have been obtained from the private property owner to erect the
temporary sign;
(d) The temporary off-premises sign shall not exceed six (6) square feet
in size;
(e) The temporary off-premises sign shall not cause the total square feet
of signage on a property to exceed the allowed maximum in the
underlying zoning district.
(V) Warning Signs. Warning signs which do not exceed the minimum statutory
requirements for size and number may be posted, and shall not count towards
the overall permitted signage on a given property. Increases in either size or
number over minimum statutory requirements shall count against the overall
permitted signage on a given property unless authorized by conditional use
permit which finds sufficient evidence that larger or more frequent signage is
necessary to provide the intended warning.
4-71-09 Cinr Council Review _ _ _- --�--z-- . - 24
DRAF 'I aka Elrsio Sipri Code—CLEAN COPY
151.118 Specific Regulations by Zoning District
(A) Sign Setbacks. Signs shall conform to the set back regulations listed in table
1 for the zoning district in which the signs are located except as may be
specifically exempted or restricted in sections 151.117 and 151.118.
s
R4 RE O• HB LB
121
Front Lot Line 5 5 5 5 5 5 5 5 I I I I 1 5
Side Lot Line 5 5 5 5 5 5 5 5 5 5 5 5 5 5
Rear Lot Line 5 5 5 5 5 5 5 5 10 10 10 10 10 5
Vehicular Access 5 5 5 5 5 5 5 5 15 15 15 I S I S 5
[11: Awning/Canopy signs,mural signs, projecting signs,wall signs,or window signs proposed to be located on a
building legally non-conforming to setback requirements shall be permitted without a variance provided all other
zoning code provisions are met
[2]: Signs within Business Parks shall also adhere to the requirements of a master sign program approved by the
City Council in conjunction with the business park establishment.
4-21-09 Cite•Council Rc vieii, 25
DRAFT L ake Man®Sign Code—CLEAN COPY
(B) Allowable Sign Area, The maximum allowable sign area for an individual
sign and for total site signage is listed in table 2 by zoning district. These
maximums shall apply except as may be specifically exempted or restricted in
sections 151.117 and 151-118.
Ta
. - s •
quar
pfer
oT.
y
t .-
•
•
bD
IV
• • • • •• - sfA
s
LL
A,RR, RI, R2, RE, OP [3] 6 C 6 6 6 12 square feet
R3&R4[3] 12 C 1 12 12 12 24 square feet
1.0 square foot per lineal foot of
GB, HB, CB, LB, BP,&PF [4] 30 60 C 30 6 [5] No building parallel or substantially parallel
max to public road frontage(excluding
alleys).[6]
[1]: Sign types with shaded cells are prohibited in the applicable zoning district(s). Sign types with a maximum sign `
area of"C"shall require a conditional use permit.
[2]. Ground,monument,or pole signs,where permitted,shall be limited to one(1)per commercial establishment
[3]: All sign types in residential districts shall have no more than two(2)surfaces.
[4]: The gross surface of an awning or canopy sign shall not exceed 30%of the gross surface area of the smallest
face of the awning or canopy of which the sign is to be affixed.
[5]: On any wall parallel or substantially parallel to a public roadway,the gross surface area of a wall sign shall not
exceed 0.75 square feet for each lineal foot of building facing the applicable roadway. For walls not facing a
public roadway,the maximum wall sign size shall be twelve(12)square feet.
[6]: Open sales lots or other approved uses on lots without a building shall be limited to thirty(30)square feet of
total sign surfaces.
4.21-09 Cit;•Council Rericii• 26
DRAFT Lake Llitio Sign Code—CLEAN COPY
(C) Freestanding Sign Height.The maximum allowable sign height for a
freestanding sign is listed in table 3 by zoning district. These maximums shall
apply except as may be specifically exempted or restricted in sections 151.117
and 151.118.
- e s ■ S. HOGHT IN FEET
eWN
1
. . �.
Allowable Height 5 5 5 5 8 8 5 5 20 20 20 20 2Q 20
in feet
151.119 Sign Variances
Variances from sign provisions shall be administered in accordance with
section 154.017, and shall be subject to the following additional requirements:
(a) The sign(s) shall be compatible with the character of the adjacent
buildings and with the character of the adjacent neighborhood;
(b) The sign(s) shall have good scale and proportion in the visual
relationship to buildings and adjacent areas;
(c) The material, size, color,lettering, location, and arrangement of the
sign(s)is an integral part of the site and building design; and/or
(d) The colors,materials, and lighting of the sign(s) are restrained and
harmonious, as interpreted by the City Planner-
4-?1-09 C'it;•C'ounch Re vienr 27
EXISTING Lake Dino Sign Coda
SIGNS
§ 151.115 PURPOSE.
Signs have an impact on the rural character and quality of the environment in Lake
Elmo. They may attract or repel the viewing public and affect the safety of vehicular
traffic. As a rural community,Lake Elmo is unique. The proper control of signs is of
particular importance because of this rural quality and uniqueness. Signs should be kept
within reasonable boundaries consistent with the objectives and goals of the community
to retain its special character and economic advantages which rest in part on the quality comment[bl]:This language was
of its appearance. The following standards in the section are adopted to regulate signs.! revised by the 2008 Ordinance update for
PP g P g g Agricultural signs,and is included in
section 151.115(A)(1)in the new
(1997 Code, § 535.01)
Comment[b2]:Language requiring
1§ 151.116 PERMIT REQUIRED! section
sign
151.116 r U�t the�ccode.
(A) No sign shall be erected,altered,reconstructed,maintained or moved in the
city without first securing a permit from the city. The content of the message
ors speech displayed on the sign shall not be reviewed or considered in Comment in the Now d section
P � 151.116(A)in the new ordinance
determining whether to approve or deny a sign permit:
(B) Permanent Signs. To apply for a permanent sign permit,a complete
application shall be submitted to the City containing the following:
I. Names and addresses of the applicant,owners of the sign,and lot;
2. The address at which the sign(s)are to be erected;
3. The legal description of the property on which the sign(s)are to be erected
and the street on which they are to front;
4. A complete set of scaled plans showing the sign dimensions,area,height,
ground elevations,applicable setbacks,and other details to fully and
clearly represent the safe construction and placement of the proposed
sign(s);
5. Type of sign(s)being requested(i.e.wall sign,monument sign,etc.);
6. The permit fee;and
7. The following if applicable:
a. Written authorization from the property owner upon who's land the
sign is to be erected.
b. A permit from either MnDOT or Washington County if the proposed
sign is along a state highway or county road.
4-21-09 Cin-Council Revielc 1
EXISTING Lake Elmo Sign Code
c. A sign plan showing signs for all businesses if the sign is located on a
building with more than one business.
d. Photographs of the building face and the building faces of both
adjacent buildings if the sign is being placed on an existing structure.
e. if replacing a historical sign,pictorial proof or other information that
on
the sign is of historical significance or is a reproduction of a historic 511..1'6(A)(ment[�]the o w in_new ordinance
sign.
(C) Temporary Signs. To apply for a permit to allow a temporary sign,a
complete application shall be submitted to the City containing the following:
1. Names and addresses of the applicant,owners of the sign,and lot;
2. The address at which the sign(s)are to be erected;
3. A generalized plan set showing the sign dimensions and height,and a
notation of the materials to be used.
4. A scaled site plan which clearly represents the placement of the proposed
sign(s)on the applicable property;
5. The proposed timeframe(s)over which the sign(s)will be posted;
6. The permit fee;and
7. The following if applicable:
a. Written authorization from the property owner upon who's land the
sign is to be erected.
b. A permit from either MnDOT or Washington County if the proposed
Comment[b5]:Now in section
sign is along a state highway or county road) 15 1.116(A)(2)in the new ordinance
(D) Temporary Sign Renewal. A temporary sign permit issued by the City may
be renewed provided the sign design,size,location,or other previously
approved details are not proposed to change. A sign renewal application shall
include the following:
1. Names and addresses of the applicant,owners of the sign,and lot;
2. The address at which the sign(s)are to be erected;
3. The date of issuance of the permit being renewed;
4. The proposed timeframe(s)over which the sign(s)will be posted;
4-21-09 01Y Council Reikir 2
EXISTING Lake EInto Sign Code
5. Written authorization from the property owner upon who's land the sign is
to be erected(if applicable);and
6. The permit renewal fee. Comment[bel:Now in section J
151.116(A)(3)in the new ordinance
(E) Review. The planning department shall approve or deny complete sign permit
applications upon receipt of a complete application. If the permit is denied.
the planning department will send a written notice of denial to the applicant.
The written notice will indicate the reason(s)for denial and a description of Comment[b7]:Wow in section
the applicant's appeal rights., 151,116(A)(a)in the new ordinance
§ 151.117 DEFINITIONS.
Unless specifically defined within§§ 151.115 el seq.,common definitions,words,and
phrases used in this code shall be interpreted so as to give them the same meaning
throughout this code,and are found in § 11.01.
Comment[bSl:This section will be
(1997 Code, § 535.03) revised throughout the ordinance process
in accordance with changes being made
in any given section. It must be reviewed
`Off-premise sign"—a commercial speech sign which directs the attention of the public last to ensure all needed definitions are in
to a business,activity conducted,or product sold or offered at a location not on the same place.
lot where such sign is located. A sign located within an easement or other appurtenance
to a lot on which a business is located shall be deemed an off-premises sign.
"On-premise sign"—a sign which identifies or advertises an establishment,person,
activity,goods,products or services located on the premises where the sign is installed.
"Permanent Sign"—A sign constructed of durable materials designed to exist for the
duration of time that the use or occupant is located on the premises.
"Sign"—Any letter,word or symbol,device,poster,picture,statue,reading matter or
representation in the nature of an advertisement,announcement,message,or visual
communication,whether painted,posted,printed,affixed or constructed,which is
displayed for informational or communicative purposes and is visible to the general
public.
"Sign,Real Estate Development"—A sign offering for sate,lease,or rent a single-family
or multiple-family residential project of 10 or more dwelling units or lots. Real estate
development signs shall be administered as permanent signs subject to all removal
requirements outlined in code.
4-21-09 01r Council Revicit- 3
EXISTING Lake Ehno Sign Code
"Sign,Agricultural Sales"-A sign placed on a lot or parcel of land advertising an
operating and permissible agricultural sales business. Off-premises agricultural sales
signs shall be administered as temporary signs subject to all removal requirements
outlined in code.
"Sign,Wayside Stand"-A sign located on a temporary structure or vehicle being used to
sell agricultural,floricultural,or horticultural products.
Comment[b9]:All definitions were
"Temporary Sign"-An sign intended for display over a short period of time. added t°151.115(rl within the new
P mil' g Y g P Y P ordinance
!§ 151.118 SIGNS; GENERALLY.
Comment[b10]:General standards
(A) The following provisions apply to signs located in all zoning districts. ate now located in section 151.117
(B) (1) Maintenance. All signs and structures shall be properly maintained and
shall be constructed of sufficiently permanent material so that they shall not succumb to
deterioration from weathering any existing sign or sign structure which is rotted,unsafe,
deteriorated,defaced,or otherwise altered,shall be repainted,repaired,replaced,or Comment[b11]:This language was
removed as necessary.! split into two rcquiremeats,and placed in
sections 151.116(E)(1&2)
(2) Electrical signs. When electrical signs are installed,the installation shall be Comment[b12]:Now in section
subject to the state's electrical code. Overhead electrical wiring is not allowed. 15des"aR�be me act to include
(3) Public lands and rights-of-way. No signs other than governmental signs
shall be erected or temporarily placed within any street right-of-way or upon public lands Comment[b13]:Now in section
or easements of rights-of-wayswithout Council approval.)
151.u7(o)
(4) Ingress or egress. No sign or structure shall be erected or maintained if it
prevents free ingress or egress from any door,window,or fire escape. No sign or sign Comment[b14]:same language
structure shall be attached to a standpipe or fire escape.i
maintained in section 151.117(G)
(5) Temporary),signs. Temporary signs may be allowed upon issuance of a
permit for on-site advertising of special business events such as openings and
closings,change in management,,sales events,or other special occasions.
No more than four temporary sign permits may be issued in any calendar year
for a given destination,and each temporary sign permit shall run for 15 days.
Temporary signs shall be subject to the following regulations:
a. Only one on-premises temporary sign shall be allowed per business or
event.
b. Temporary signs shall not exceed 32 square feet in area and shall not be Comment[b15]:Now in section
taller than 10 feet in height.) 151.117(u)(1)-minor edit to switch
sign type from"ground sign"Wallowed
sign types in the underlying Zoning
district."
4-21-09 Cifr Council RerieJr 4
EXISTING Lake Elilio Sign Code
(6) Abandoned sign structures. Sign structures not used for signing for 12 Comment[b16]:Edited and placed in
(consecutive months shall be considered abandoned and shall be removed. section 151.117(A)
(7) Compatibility. All signs shall be compatible with the building and area in
which they are located. (Too vague—Removed)
(8) Flags. No more than 3 properly displayed flags may be displayed outside of Comment[b17]:Now in section
151.117(E)—edited to include a
the building. maximum flag size
(9) Preservation of visual impact of architectural features. A sign shall not
obscure architectural features of a building to which the sign is attached. (Too vague;
architectural features can be practically anything...need to differentiate types of
features to be protected if this is included—Removed)
Comment[b18]:Now in section
10 Building address. A building address shall not be considered a sign. eight and
(e)--dinged to address number
( ) $ g g height and building identification
markers/plaques
(11) Graphic design signs. Graphic design signs shall require a conditional use Comment[b19]:Replaced with
section 151.117(P)(2)—edited to requite
permits greater scrutiny over"munt"signs
(12) Conditions of waiver. The terms of§§ 151.115 et seq. may be waived if the
sign is a historic resource or if the sign is a proposed reproduction of a historic sign.
(removed—variance would now be needed for any waiver of sign requirements)
k13) Computations. Dimensions of signs shall be calculated in the following
manner:
a. Sign Area Measurement.
The area of a sign shall be computed by means of the smallest rectangle
within which a single sign face can be enclosed. When a sign has two
back-to-back sign faces containing sign copy,the sign area for just one
face is counted toward the allowed sign area. Poles,bases,and other
supports shall not be included in the sign area calculation.
b. Sign Height Measurement
The height of the sign shall be computed as the vertical distance
measured from the average grade at the base of the sign to the top of the Comment[b20]:Now in section
highest attached component of the sign.! 151.116(o)
§ 151.119 PERMITTED SIGNS.
(A) The following signs are allowed without a permit in all zoning districts,but
shall comply with all other applicable provisions of§§ 151.115 of seq.:
4-21-09 Cin•Council Revicv 5
EXISTING Lake Ehno Sign Code
(B) (1) Public signs. Signs of public,non-commercial nature including safety
signs,danger signs,trespassing signs,traffic signs,signs indicating scenic or historical
points of interest,memorial plaques and the like,when signs are erected by or on order of Comment[bzl]:Now in sections
a public officer of employee in the performance of official duty 151.116ov red by and a i.1 ion f r now
just covered by the definition for
governmental signage along with
(2) Integral signs. Names on buildings,date of construction,commemorative lands
allowingO such signs on public
tablet,and the like,which are permanent construction and which are an integral part of Comment[b22]:Now in section
the building or the structure; 151.117(B)--edited for clarity and
combined with language governing house
numbers
(3) Political signs. Signs or posters announcing candidates seeking political
office or issues to be voted upon at a public election,the signs must contain the name and
address of person(s)responsible for its removal. (Based on content—removed) These
signs shall be erected no more than 45 days before any election and be removed 10 days
after the general election for which they are intended. The city shall have the right to comment[b231:Now in section
remove and destroy signs after the 10-day limit 15 1.117(-)—edited for clarity
(a) Size.
1. Residential Districts. The maximum sign size shall be 6 square feet in comment[b24]:Now in sections
area with a maximum height of 4 feet raised
s(B a c)- residential height
ined to 5 feet in general for residential
signs
2. Commercial Districts. The maximum size shall be 35 square feet in
area. (eliminated in favor of general size restrictions during non-election times)
(b) Notwithstanding these provisions,all non-commercial signs of any size
may be posted from August 1 in a state general election year until 10 days following the Comment[b25]:Now in section
state election. 15 1.117(B)--edited for clarity
(4) Holidal,messages. Signs or displays which contain or depict messages
pertaining to a national,state,or local holiday and no other matter and which are
displayed for a period not to exceed 60 days; (Based on content—removed)
(5) Construction signs. A non-illuminated sign announcing the names of
architects,engineers,contractors,or other individuals or firms involved with the
construction,alteration,or repair of a building(but not including any advertisement of
any product)or announcing the character of the building enterprise or the purpose for
which the building is intended. The signs shall be confined to the site of the construction,
alteration,or repair and shall be removed within 2 years of the date of issuance of the first
building permit or when the particular project is completed,whichever is sooner. One
sign shall be permitted for each street the project abuts. No sign may exceed 32 square
feet in multi-family residential,commercial,and industrial districts,and 12 square feet in
single-family residential districts;(Based on content—removed)
4-21-09 Citl•Council Revieit- 6
EXISTING Zaire Elmo Sign Code
(6) Individual property sale, lease, or rental sign. An on-premise sign
announcing the name of the owner,manager,realtor,or other person directly involved in
the sale or rental of the property or announcing the purpose for which it is being offered.
The signs are limited to 6 square feet in residential districts and 32 square feet in
commercial districts. Signs must be removed within 10 days after sale or rental of
property; (Based on content—removed)
(7) Rummage sale signs. Signs advertising a rummage sale not exceeding 4
square feet located on private property which conform to the applicable provisions of this
title and are removed at the termination of the sale;(Based on content—removed)
(8) Nameplate signs. (Based on content—removed)
(a) One name plate sign,placed on a wall of the structure,for each dwelling
not exceeding 2 square feet in area per structure. No signs shall be constructed to have
more than 2 surfaces.
(b) One name plate sign for each dwelling group of 6 or more units. The sign
shall not exceed 6 square feet in area per surface. No signs shall be constructed to have
more than 2 sides.
(9) Real estate development project advertising signs.
On premises real estate development project advertising signs may be used
if the following requirements are met:
1. Minimum Development Size:
i. Projects of less than 25 acres which create ten or more
dwelling units are allowed 1 on-premises sign not to exceed
100 square feet of advertising surface,
ii. Projects of 26 through 50 acres which create ten or more
dwelling units are allowed I or 2 on-premises signs not to
exceed 200 aggregate square feet of advertising surface on
the project site,and
iii. Projects over 50 acres which create ten or more dwelling
units are allowed 1,2,or 3 on-premises signs not to exceed
200 aggregate square feet of advertising surface on the
project site.
4-21-09 Cirr Council Revieir
EXISTING Lake-Elmo Sign Code
2. On-premises sign requirements:
i. No dimension shall exceed 25 feet exclusive of supporting
structures.
ii. The sign shall not remain once 90%of the lots in the
development have been issued building permits.
iii. The permit for the sign must be renewed annually by the
Council.
iv. All signs shall be bordered with a decorative material
compatible with the surrounding area.
V. Any illuminated sign shall be illuminated only during those
hours when business is in operation or when the model
homes or other development are open for conducting Comment jb261:Now in section
business. I 151.117(u)(2)
1(10)Agricultural sales advertising signs.
a. On-Premises. On-premises agricultural sales advertising signs may be
used subject to the following requirements:
1. Acreage dedicated to agricultural production:
i. Agricultural sales businesses utilizing less than 10 acres of
land specifically for the growing of agricultural crops for the
business are allowed 1 on premises sign not to exceed 32
gross square feet of advertising surface;
L ii. Agricultural sales businesses utilizing more than 10 acres of
land but less than 40 acres of land specifically for the
growing of agricultural crops for the business are allowed 1
or 2 on-premises sighs not to exceed 48 gross square feet of
advertising surface(with neither sign exceeding 32 square
feet in size);
iii. Agricultural sales businesses utilizing more than 40 acres of
land specifically for the growing of agricultural crops for the
business are allowed 1 ,2 or 3 on-premises signs not to
exceed 54 gross square feet of advertising surface(with no
sign exceeding 32 square feet in size);
2. On-premises sign requirements:
i. No dimension of any sign shall exceed 15 feet exclusive of
supporting structures.
4-21-09 01Y Council Revieir 8
EXISTIAIG Lake Elmo Sinn Code
ii. The permit for the sign must be renewed annually by the
Council.
iii. All signs shall be bordered with a decorative material
compatible with the surrounding area.
iv. Any illuminated sign shall be illuminated only during those
hours when business is open to the public for conducting
business.
b. Off-premises. An off-premises agricultural sales advertising sign may
be used if the following requirements are met:
1. Maximum Number. Every agricultural sales business shall have
no more than two off-premises signs at any given time to direct the
public to the location of the business.
2. Off-premises sign requirements:
i. An off-site agricultural sales advertising sign shall not exceed
50 square feet in area and shall not be taller than 10 feet in
height;
ii. Off-premises signs shall be a minimum of 25' from all side
property lines,and a minimum of 50' from other off-
premises advertising signs;
iii. Applicants for off-premises signs shall acquire permission
from the property owner upon who's land the sign is to be
erected.
3. Timeframe of use. Either one or two off-premises agricultural
sales advertising sign(s)may be erected for a 45-day time period
no more than four times in any given calendar year. The required
yearly permit shall stipulate the range of dates for each of the four I51.1 m(Slt,[n2�]`Now is section
allowable time periods.
(11) Wayside Stand sign. Temporary wayside stands permitted by code may
have one non-illuminated sign(exempt from permitting requirements)not to Comment[b2e Addressed by
"Business Vehicle Identification Signs"in
exceed 32 gross square feet of advertising surface. the new ordinance
(12) Window signs. No sign permit is required for window signage that does
not cover more than 1/3 of the total area of the window in which the sign is Comment er Now in section
151.116(B)(3)——r removed the 1/3
displayed;and threshold as part of the transition such
that windows signage in general will no
longer require a permit.
(13) No trespassing/no hunting signs. No trespassing and no hunting signs
shall be no larger than 2 square feet.; Comm(N)ent[b30]:Now in section
4-21-09 Citr Council Reilen 9
EXISTING Lake Elmo Si n Code
(1997 Code, §535.05) Penalty,see Q 10.99
Comment[b3l]:Prohibited signs are
151.120 PROHIBITED SIGNS IN ALL ZONING DISTRICTS now listed in section 151.117(N)
(A) The following signs are prohibited in all zoning districts.
(B) (1) Signs obstructing vision. Any sign which obstructs the vision of drivers comment[b32]:Now in section
or pedestrians or detracts from the visibility of any official traffic-control device 15 1.117(N)(1)
(2) Unofficial traffic or signals. Any sign which contains or imitates an official Comment[b33]:Now in section
traffic sign or signal,except for private,on-premises directional signs 151.117(N)(2)
(3) Offpremises advertising signs. Off premises advertising signs except as Comment[b34]:Now in section
regulated in§§ 151.115 et seq.1 151.117(N)(3)
1 (4) Moving or rotating signs. Any sign which moves or rotates,including
electronic reader board signs,except approved time and temperature information signs Comment[b35]:Now in section
and barber poles.) 15 1.117(N)(4)—combined with other
prohibited sign language for clarity
(5) Illuminated or flashing lights. No sign shall display any moving parts,be
illuminated with any flashing or intermittent lights or shall be animated,except time and
temperature information. All displays shall be shielded to prevent any light to be directed
at oncoming traffic in the brilliance as to impair the vision of any driver. No device shall
be illuminated in a manner as to interfere with or obscure an official traffic sign or Comment[b36]:Now in section
151.117(Nx4)—combined with other
signal. This includes indoor signs that are visible from public streets, prohibited sign language for clarity
Comment
(6) Roof signs. 1 (N))(Sb37]:Now in section
(7) Banners,pennants, ribbons,streamers. No sign which contains or consists
of banners,pennants,ribbons,streamers,string of light bulbs,spinners,or similar
devices,except where used for non-commercial purposes or part of an approved sign Fcomment[b38]:Now in section
plan 151.117(N)(6)
(8) Portable signs. Including but not limited to signs with wheels removed,
attached temporarily or permanently to the ground,structure or other signs,mounted on a
vehicle for advertising purposes,parked and visible from the public right-of-way,except
signs identifying the related business when the vehicle is being used on the normal day-
to-day operations of that business,hot air or gas filled balloons or semitruck umbrellas Comment[b39]:Now in section
used for advertising.) 151.117(N)(7'
(9) Building walls. Signs painted directly on building walls unless approved by Comment[b4o]:Replaced with
section 151.117(P)(2)—edited to require
a sign permit greater scrutiny over"mural"signs
(10) Illuminated signs or spotlights. Illuminated signs or spotlights giving off an Comment[b4l]:Now in section
intermittent or rotating beam existing as a collection or concentration of rays of light 151.1b la combined with other
prohibitt edd sign language for clarity
4-21-09 Citr Council Review 10
EXISTING Lithe Ehno Sign Code
Comment[b42]:Now in section
11 Revolving beacons,beamed lights, or similar devices. 1s1.117(sign la combined with other
( ) g g I prohibited sign language for clarity
Comment[b43]:Now in section
(12) Signs supported by a guy wire. 151.117(N)(s)
Comment[b44]:Replaced with
(13) Graphic design signs without conditional use permit.!! section 151.117(p)(2)—edited to require
greater scrutiny over"mural"signs
(14) Billboards. 151.1 COmm(N)(9na5]:Now in section
(1997 Code, § 535.06) Penalty.see§ 10.99
Comment[W]:The table io
151.121 PERMITTED SIGNS BY ZONING DISTRICT lsl.lbyzondemirstrict. wabksign
types by zoning district.
(A) Permitted signs in residential districts.
(1) Professional name plate wall signs,not exceeding 2 square feet in area;
(Based on content—removed)
(2) Memorial signs or tablets,names of buildings,and the date of erection when
cut into a masonry surface or when constructed of bronze or other incombustible Comment[b47]:Now in section
material 151.117(B)(1)
(3) Political signs as regulated in§§ 151.115 et seq.; (Based on content—
removed)
(4) Individual property sale, lease,or rental,as regulated in§§ 151.115 et seq.;
(Based on content—removed)
(5) Construction signs as regulated in §§ 151.115 et seq.;and(Based on content
—removed)
(6) Bulletin boards or public information signs not over 32 square feet located
only on the premises of public,charitable,or religious institutions.(Based on content—
removed)
(B) Permitted signs by a sign permit in the "Old Village"(south of State Highway comment[b48]:specialized old
S)in the General Business(GB)Zoning District. village regulations are now in section
151.1 17(s)(I)
(1) Number. One wall,monument,awning,and canopy or 3-dimensional sign is
allow per business. When a building or business abuts 2 or more public streets,an
additional sign located on each street building face is allowed. (eliminated in favor of
general total signage and location requirements)
(2) Sign plan. When there is more than 1 business or use in a building with more Comment[b49]:Now in section
than 1 sign,a building sign plan shall be provided with the sign permit application. Is g11 e r which coordinates all existing
language requiring a master sign
Prole
4-21-09 Cin•Council Re1•ie1r
EXISTING Lake Elmo Sign Code
(3) Other requirements. See area, location,and height requirements below for
type of sign selected.
(4) Wall signs.
(a) Area. The total building signage shall have an aggregate area not
exceeding 0.75 square foot for each foot of the building face parallel or substantially
parallel to a street or lot line.(eliminated in favor of general total signage and location
requirements)
(b) Location. A wall sign shall not project more than 16 inches from the wall Comment[b5o]:Addressed is the
general sign standards in new s
to which the signis to be affixed. 151.1I7(P)(1)(a)
(c) Height. A wall sign shall not project higher than the parapet line of the
wall to which the sign is to be affixed or 15 feet as measured from the base of the Comment[b51]:Now in section
building wall to which the sign is affixed,whichever is lower. 151.117(s)(I)(c)(i)
Comment[b52]:Now in section
(d) Internally ilhoninated signs. No internally illuminated signs are allowed. 151.1ly(1)b) edit for la toallow 1 indirect illumination�
reverse lit letters.
Vie) Special conditions. Where a principal building is devoted to 2 or more
permitted uses,the operator of each use may install a wall sign for their particular use,a
sign plan must be submitted for the entire building. The total gross signage for the entire Comment[b53]:Now in section
building shall not exceed 0.75 square feet for each foot of the building face parallel,or language e r which coordinates all existing
laangu re which
a master sign Program
substantially parallel, to a street lot line(eliminated in favor of general total signage Comment[b54]:Now in section
and location requirement4with a maximum of 20 square feet per businesst. 151.117(s)(1)(c)(ii)-edited for clarity
(5) Freestanding signs.
(a) At-ea. The area of pedestal type freestanding signs shall not exceed 30 Comment[b55]:Now in section
square feet:
151.u7(s)(1)(d)(i)
(b) Location. A pedestal sign shall be located in any required yard but shall
have a setback of 15 feet from any point of vehicular access,public roadway,or property Comment[b56]:Now handled by the
line., general city standards for signs setbacks
in new section 151.118(A)
(c) Height. A pedestal sign shall not project higher than 6 feet,as measured Comment[b57]:Now in section
from the base of the sign or grade of the nearest roadway,whichever is lower. 151.117(s)(1)(d)(ii)
Comment[b58]:Now in section
d Landscaping. The area around a monument sign shall be landscaped. 151.117 dscaing r edited to require
' ( ) P• g• � P landscaping around all signs in all
districts in compliance with the city's
(e) Lighting. Extemally illuminated or back lit letters are allowed;no existing landscaping codes.
internally [b59]:Now located m7--
ally illuminated signs are allowed. section 15LI17(s)(1)(b)
(6) Awning and canopy signs.
4-21-09 Citr Council Reriew — ����� — 12
EXISTING Lake Elmo Sign Code a
(a) The gross surface of an awning or canopy sign shall not exceed 30%of
the gross surface area of the smallest face of the awning or canopy of which the sign is to rComment[b60]:Now in the table
be affixed. within new section 151.1113(B)(2)
kb) The awning or canopy sign shall not project higher than the top of the Comment[b61]:Now in section
awning or canopy or below the awning or canopy. 151.117(r)(3)(c)
(7) Prolecting signs.
Comment[b62]:Now in the table
(a) The total area of a projecting sign shall be 6 square feet!, within new section 151.118 B)(2)
(b) All projecting signs shall be located on street level and easily visible from Comment[b63]:Now in section
151.117(P)(3)(a)as a general sign
the sidewalk) standard
Comment[b64]:Now in section
j (c) If lighted,projecting signs shall be externally illuminated., 151.117(P)(3)(b)-edited for clarity
(C) Signs permitted in the Highivay Business, Limited Business, General Business,
and Business Park Zoning Districts. All commercial office and industrial signs in
Highway Business,Limited Business,General Business,and Business Park Zoning
Districts require a sign permit.
(1) Wall signs.
(a) Area. The gross surface area of a wall sign shall not exceed 0.75 square
feet for each foot of building,parallel,or substantially parallel to the front lot line.
(eliminated in favor of general total signage and location requirements)
(b) Location. A wall sign shall be located on the outermost wall of any
principal building but shall not project more than 16 inches from the wall to which the
sign is to be affixed:, The location and arrangement of all wall signs shall be subject to fComment[b6S]:Now in section J
the review and approval of the City Planner. (removed-too vague) 151.117(P)(1)(9)
(c) Height. A wall sign shall not project higher than the parapet line of the
wall to which the sign is to be affixed or 20 feet as measured from the base of the Comment[b66]:Now in section
151.117(P)(1)(b)—edited to eliminate
building wall to which the sign is affixed,whichever is lower:' the 20 foot height traxitnum in favor of
the parapet line maximum only.
(d) Special conditions. Where a principal building is devoted to 2.or more
uses,the operator of each use may install a wall sign upon his/her proportionate share of
the building wall to which the sign is affixed:, A sign plan must be submitted for the Comment[b68]:Now in section
151.117
entire building containing the following information:
Comment[b67]:Now in section
151.117(])(2)—edited for clarity.
1. The total gross signage for the entire building shall not exceed 1 square
foot for each foot of building face parallel,or substantially parallel, to a street lot line
4-21-09 Cin Council Reilein• -- - 13
EXISTING Lake Ehno Sign Code
(eliminated in favor of general total signage and location requirements)or Comment[b69]:Now in section
maximum of 25 square feet per business lsl.l l7(P)(1)(c)
Comment[M]:Now in scction
2. The location,sizes,types,and elevations of all signs;and 151.117(1)(1)
Comment[b71]:Now in section
3. All signs shall be visually consistent in location,design,and scale. 151.117(P)(l)(c)
(2) Freestanding signs.
(a) The gross surface area of a ground sign shall not exceed 30 square feet for Comment[b72]:Now in section
each exposed face nor exceed an aggregate gross surface area of 60 square feet. ' 151.118(e)
Comment[b73]:Now in section
(b) A ground sign may be set back 15 feet from front or side property lines. 151.118(A)
(c) A ground sign shall not project higher than 6 feet,as measured from base Comment[b74]:Consistent with the
of sign or grade of the nearest adjacent roadway,whichever is lower. new definition for ground sign.
(d) There shall be 1 freestanding sign per development site. (removed—
unnecessary for ALL businesses to have a ground,monument,or pole sign)
(3) Multi-tenant Master Sign Program. A building Master Sign Program shall
be required(for multi-tenant commercial buildings)besides the individual tenant and
occupant signs. A building master identification sign may be permitted according to the Comment[b75]:Now in section
following requirements�1 151.117(1)—edited for clarity
(a) Building master identification signs shall not contain the names of any Comment[b76]:Now in section
tenants or occupants of the center. 151.117(U)(1)-edited for clarity
(b) If the multi-tenant commercial building has a floor area of 40,000 square
feet or less,the building may have a freestanding sign with a maximum of 1 square foot Comment[b77]:Now in section
of sign for each 5 feet of building frontage or 40 square feet maximum in height of 8 feet. 151.117(i)(l)(a)
(c) If a multiple tenant commercial building has a floor area greater than
40,000 square feet,but less than 100,000 square feet,the center may have a master
identification sign with a maximum of 75 square feet on each side and with a maximum Comment[b78]:Now in section
height of 9 feet 1 isl.l l7(i)(l)(b)
(d) If a multiple tenant commercial building has a floor area of greater than
100,000 square feet,the center may have a master identification sign with a maximum Comment[b79]:Now in sectiott
area of 120 square feet on each side and a maximum height of 15 feet.l 151.117(J)(l)(c)
(1997 Code, § 535.07) Penalty,see § 10.99
151.122 DIRECTORY SIGNS.
4-21-09 Cih•Council Review, 14
EXISTING Lake Ehno Sign Code
(A) Generalli-. Directory signs are used to guide pedestrians to individual
businesses within a multiple tenant commercial area and are pen-nitted.
(13) Placement.
(1) Sign must be placed on the site of the development.
(2) Sign shall be erected only in internal pedestrian access areas and not in
vehicle access areas.
(3) Directory signs area to be used for the purpose of direction and identification
only.
(4) Directory signs may be freestanding but shall not exceed 4 feet in height.
(C) Area. A directory sign may have maximum area of 1 square foot for each
business listed on the sign and 4 square feet for the name of the building or complex.
Comment[b801:Replaced by new
(1997 Code, 535.08) Penalty,see§ 10.991 section 151.117(M)
§ 151.123 AUTOMOBILE SERVICE STATION SIGNS. (This section and
all subsections were removed because they are content specific)
(A) Automobile service stations are allowed 1 wall sign and 1 ground sign subject
to the following conditions.
(13) (1) Wall signs. There shall be no more than 1 wall sign per building face
with a maximum sign area of 0.75 square feet for each lineal foot of building frontage.
(2) Freestanding signs. There shall be no more than 1 freestanding sign for each
principal building. A freestanding sign shall be set back 15 feet from the front and side
properly line. A freestanding sign shall not project higher than 6 feet as measured from
grade or contain more than 30 square feet of signage.
(3) Service bay and island identification signs. Service bay and island
identification signs are permitted providing direction or instructions to persons using the
facility,but shall contain no advertising material of any kind.
(1997 Code, § 535.09) Penalty,see§ 10.99
§ 151.124 VARIANCE STANDARDS.
4-21-09 Citi,Council Re0eii, 15
EXISTING Lake Elmo Sign Code
(A) Variances. The Planning Commission shall hear requests for a variance to the
literal provisions of§§ 151.115 et seq_in instances where the strict enforcement would
cause an undue hardship because of circumstances unique to the individual property
under consideration and to grant the variance only when it is demonstrated that:
(1) There are extraordinary circumstances that apply to this property-which do
not generally apply to other properties in the same zone. These circumstances may
include the narrowness,shallowness,shape,and topography of the parcel of land or
setback from right-of-way;
(2) The literal interpretation of the provisions of the sign ordinance deprives the
applicant rights commonly enjoyed by other properties in the same district under the
terms of the sign ordinance,
(3) The special circumstances are not the result of the applicant;
(4) The granting of the variances requested do not confer on the applicant a
special privilege that is denied by§§ 151.115 et seq. to owners of other lands,structures,
and building in the same district;
(5) The variances requested are the minimum variances,which would alleviate
the hardship;
(6) The variance requested would not be materially detrimental to the purposes
of the sign ordinance;and/or
(7) The design of the sign or signs are as follows:
(a) Compatible with the character of the adjacent buildings and with the
character of the adjacent neighborhood;
(b) Have good scale and proportion in the visual relationship to buildings and
adjacent areas;
(c) The material,size,color,lettering,location,and arrangement of the
sign(s)is an integral part of the site and building design;and/or
(d) The colors,materials,and lighting of the sign(s)are restrained and
harmonious,as interpreted by the City Planner.
(B) Application. An application for a variance to§§ 15 1.115 et seq. shall be
processed according to the zoning code.
Comment[b81]:Now in section
(1997 Code, §535.10)
4-1-09 01Y Counc l Review 16
EXISTING Lake Elmo Sign Code
Section 151.125 SUBSTITUTION CLAUSE.
The owner of any sign which is otherwise allowed by this sign ordinance may
substitute non-commercial speech signs in lieu of any other commercial speech sign
or other non-commercial speech sign.The purpose of this provision is to prevent any
inadvertent favoring of commercial speech over non-commercial speech,or favoring
of any particular non-commercial speech over any other non-commercial speech.This
provision prevails over any more specific provision to the contrary-1 Comment[b82]:Now in section
151.117(T)
$Section 151.126 SEVERABILITY.
If any section,subsection,sentence,clause,or phrase in sections 151.115 through
151.125 are 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 have adopted the Sign Ordinance in each section,subsection,
sentence,or phrase thereof,irrespective of the fact that any one or more sections,
subsections,sentences,clauses,or phrases be declared invalid.� Comment[b83]:Now in section
151.115(B)
4-21-09 ChY Council Rvi,ieir 17
CITY OF LAKE ELMO
COUNT'OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 14
AN ORDINANCE REPEALING EXISTING SIGN CODE REGULATIONS
AND ADOPTING NEW REGULATIONS TO GOVERN SIGNS IN ALL
ZONLNG DISTRICTS IN THE CITY OF LAKE ELMO
SECTION 1. The City Council of the Cite of Lake Elmo hereby amends Title 1: General
Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to
eliminate existing definitions as follows:
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Edits to existing sections 151.115 through 151.126 Pg 2
Sign Cede Revisions City CJuncii.,4-2 1-09
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Edits to existing sections 151.115 through 151.126 pg 3
Sign cod--Revisions C ry Council:4-21- 9
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SECTION Z. The City Council of the City of Lake Elmo hereby amends Title I: General
Provisions; Chapter 11: General Code Provisions,by amending section 11.01 Definitions to
add the following definitions in alphabetical order with the already existing definitions:
ANIMATION. The movement or the optical illusion of movement of any part a sign, sign
structure, design, or pictorial segment, including the movement of any illumination or the
flashing or varying of light intensity; the automatic changing of all or any part of the facing of a
street sign.
AWNING. A shelter supported entirely from the exterior wall of a building.
CANOPY. A detachable,rooflike cover, supported from the ground or deck, floor or walls
of a structure, for protection from the sun or weather.
Edits to existing sections 151.115 through 151.126 Pg 4
. .......................... ..
StC717 G 3Ct£ Revisions �fty 4-21-079
COMMERCIAL SPEECH. Speech or graphics advertising a business,profession,
commodity, service or entertainment.
MULTI-TENANT BUILDING. A grouping of two or more business establishments that
either share common parking on the lot where they are located, or that occupy a single structure
or separate structures that are physically or functionally related or attached.
NON-COAMERML SPEECH. A sign that contains a non-commercial message.
Examples of non-commercial messages include,but are not limited to,messages concerning
political,religious, social, ideological,public service and informational topics.
UNIFIED RESIDENTIAL AREA. A residential grouping of lots that share a plat name
over one or more additions.
SIGN,ABANDONED. Any sign and/or its supporting sign structure which remains without
a message or whose display surface remains blank for a period of one (1)year or more, or any
sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have
been abandoned. Signs applicable to a business temporarily suspended because of a change in
ownership or management of such business shall not be deemed abandoned unless the property
remains vacant for a period of one(1)year or more. Any sign remaining after demolition of a
principal structure shall be deemed to be abandoned. Signs which are present because of being
legally established nonconforming signs or signs which have required a conditional use permit or
a variance shall also be subject to the definition of abandoned sign.
SIGN,AWNING. A sign or graphic printed on or in some fashion attached directly to the
awning material.
SIGN,BANNER. A temporary sign typically made of cloth,plastic or vinyl materials.
SIGN,BILLBOARD. A sign structure with a surface area over one hundred(100) square
feet per surface that identifies or communicates a commercial or non-commercial message.
SIGN,BUSINESS VEHICLE IDENTIFICATION. A sign that is permanently mounted or
otherwise permanently affixed to a vehicle,trailer, or semitrailer which identifies the business,
products, or services with which the vehicle,trailer, or semitrailer is related. For purposes of this
definition,magnetic and adhesive signs shall be considered as being permanently affixed. This
definition shall also include non-permanently affixed signs that do not exceed 32 square feet
erected in concert with a legally operating wayside stand. Bumper stickers and similarly sized
adhesive decals shall not be considered business vehicle identification signs.
SIGN, CANOPY. A sign that is mounted,painted, or otherwise applied on or attached to a
freestanding canopy or structural protective cover over an outdoor service area. An awning or a
marquee is not a canopy.
SIGN, CHANGEABLE COPY. A sign designed to allow the changing of copy through
manual,mechanical, or electrical means including time and temperature.
Edits to existing sections 151.115 through 151.126 pg 5
}C? 03ode Revisioris 0ify Court;!.-4-2 -0v
SIGN,DIRECTIONAL. An on-site sign for the purpose of making specific locations known �.
and to assist in funding these locations (e.g. "Parking," "Shipping Receiving Area").
SIGN,ELECTRONIC VARIABLE MESSAGE. Signs whose message are changed at
reasonable intervals by electronic process or remote control and whose movement is the periodic
changing of information against a solid, colorless background, engineered for maximum
legibility and readability, and having a constant light level and glare reduced screens. This
definition does not include static time,temperature and price displays which only change when
necessary for accuracy.
SIGN,FLAG. Any fabric or similar lightweight material attached at one end of the material,
usually to a staff or pole, so as to allow movement of the material by atmospheric changes and
which contains distinctive colors,patterns, symbols, emblems,insignia, or other symbolic
devices.
SIGN,FREESTANDING. A sign that is attached to, erected on, or supported by some
structure(such as a pole, mast, frame, or other structure)that is not itself an integral part of or
attached to a building or other structure whose principal function is something other than the
support of a sign. Monument,pole, and ground signs are all freestanding signs.
SIGN, GOVERNMENTAL. A sign erected and maintained by or on behalf of the United
States, the state,the county, or the city for the purpose of regulating traffic or for other civic
purposes, the size,location, and height of which is dictated by the applicable agency to fulfill the
intended civic purpose.
SIGN, GROUND. Any freestanding sign with its sign face mounted on the ground or
mounted on a base at least as wide as the sign and which has a total height not exceeding six(6)
feet.
SIGN,HISTORIC. An existing sign which has a special historical, architectural,cultural, or
aesthetic value to the community.
SIGN,ILLUMINATED. Any sign which contains an element designed to emanate artificial
light directly or indirectly.
SIGNILLUMEVATION,BACKLIT A direct source of light which illuminates a sign by
shining through a translucent surface of a sign, including plastic signs,lit from an internal light
source.
SIGNILLUMINATION,DIRECT. A sign whose light source is either located in the
interior of the sign so that the rays go through the face of the sign, or which is attached to the
face of the sign and is perceived as a design element of the sign.
SIGNILLUMINATION,EXTERNAL. Illumination of a sign that is affected by an artificial
source of light not contained within the sign itself.
Edits to existing sections 151.115 through 151.126 P9 6
Sign Code Ret4sions C&Councfi.4-21-09
SIGNILLLUMINATION,INDIRECT. A sign whose light source is external to the sign
and which casts its light onto the sign from some distance.
SIGN ILL UMINATION,REVERSE LIT. A direct source of light which illuminates a sign
by shining off an opaque surface of a sign thereby casting the light off the wall behind the sign
creating a halo effect.
SIGN,MONUMENT. Any freestanding sign with its sign face mounted on the ground or
mounted on a base at least as wide as the sign and which has a height exceeding six(6) feet.
SIGN,MURAL. Any mural or pictorial scene painted on a wall or building or painted on a
sign board affixed to a wall, and in which mural or scene has as its purpose an artistic effect.
SIGN, OFF-PREMISE. A commercial speech sign which directs the attention of the public
to a business, activity conducted, or product sold or offered at a location not on the same lot
where such sign is located. A sign located within an easement or other appurtenance to a lot on
which a business is located shall be deemed an off-premises sign.
SIGN,PERMANENT. A sign constructed of durable materials designed to exist for the
duration of time that the use or occupant is located on the premises.
SIGN,POLE. Any freestanding sign which has its supportive structure(s) anchored in the
ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the
area below the sign face open
SIGN,PORTABLE. .A sign not permanently attached to the ground or a building or
designed to be permanently attached to the ground or a building.
SIGN,PROJECTING. A sign attached to and projecting out from a building face or wall,
generally at a right angle.
SIGN,ROOF. Any sign erected and constructed wholly on and above the roof of a building,
supported by the roof structure, and extending vertically above the highest portion of the roof.
SIGN. Any letter,word or symbol, device,poster,picture, statue,reading matter or
representation in the nature of an advertisement, announcement,message, or visual
communication, whether painted,posted,printed, affixed or constructed,which is displayed for
informational or communicative purposes and is visible to the general public.
SIGN,REAL ESTATE DEVELOPMENT. A sign offering for sale, lease, or rent a single-
family or multiple-family residential project of 10 or more dwelling units or lots. Real estate
development signs shall be administered as permanent signs subject to all removal requirements
outlined in code.
SIGN,AGRICULTURAL SALES. A sign placed on a lot or parcel of land advertising an
operating and permissible agricultural sales business. Off-premises agricultural sales signs
shall be administered as temporary signs subject to all removal requirements outlined in code.
Edits to existing sections 151.115 through 151.126 pg 7
Star, Cade Revisions ski/counci Z-2'-0-2
SIGN,SNIPE. An off-premises sign that is tacked,nailed,posted,pasted, glued, or
otherwise attached to trees,poles, stakes, fences, or to other object `
SIGN, TEMPORARY. Any sign intended for display over a short period of time.
SIGN, WALL. A sign attached to or erected against the wall of a building with the exposed
face of the sign on a plane parallel to the plane of the wall, and which displays only one(1) sign
surface.
SIGN, WA.RNIIVG A sign located on private property posting such property for warning or
prohibitions on trespassing, hunting, or other activity.
SIGN, WINDOW. Any building sign,pictures, symbol,or combination thereof, designed to
communicate information about an activity,business, commodity, event, sale, or service,that is
placed inside a window or upon the window panes or glass and is visible from the exterior of the
window.
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 151: Building Regulations,by repealing city code sections 151.115 through
151.126 in their entirety.
SECTION 4. The City Council of the City of Lake Elmo hereby amends Chapter 151 to
add the following language:
151.115 PURPOSE
(A) Purpose and Findings. _
(1) Purpose.
(a) The Lake Elmo Sign Regulations are 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 business community's
need for effective communication and identification. It is not the purpose or
intent of these regulations to favor commercial messages or speech over
non-commercial messages or speech or to discriminate between types of
non-commercial speech or the viewpoints represented therein, It is the intent
of these regulations to promote the health, safety, general welfare, and
desirable rural community image through the regulation of signs with the
following objectives in mind:
a. Signs shall demonstrate a high standard of aesthetic character and
encourage the use of monument and individual letter-style signs;
Edits to existing sections 151.115 through 151.126 P9 8
Sion ^ode Reevlstuns (City council: 1-09
b. Permit large enough copy/graphic area to effectively convey the
Y intended message but not so large as to unduly distract the reader and
insist on lettering large enough to be easily read to encourage simple,
uncluttered messages;
c. Signs shall be proportioned to the size of, and architecturally compatible
with, the structures and other signs on the premises;
d. Permanent signs shall only advertise on-premise businesses, services,
facilities, etc;
e. Allow temporary business signs for grand openings and occasional sales
events; allow temporary signs to advise the public of the seasonal sale of
agricultural and horticultural products in keeping with the City's rural
image; and to allow temporary directional signs permitting the public to
more easily locate land conservation developments which enhances the
City's rural image, without creating continuous visual clutter or traffic
hazards along streets or at intersections; and
f Signs shall be properly maintained.
g. Signs that distract drivers, cyclists and pedestrians shall not be
permitted. Studies conducted by public and private agencies have
identified that dynamic signs, including multi-vision signs, electronic
signs and video displays can be highly distracting to drivers,pedestrians,
and cyclists and that distraction is a significant underlying cause of
traffic accidents. With respect to electronic signs, including video
display signs, the City finds that they are highly visible from long
distances and at very wide viewing angles both day and night and are
designed to catch the eye of persons in their vicinity and hold it for
extended periods of time. If left uncontrolled, electronic signs, including
video display signs, constitute a serious traffic safety threat. Studies
conducted by the Federal Highway Administration (FHWA), Research
Review of Potential Safety Effects of Electronic Billboards on Driver
Attention and Distraction, Sept. 11, 2001, and The Role of Driver
Inattention in Crashes: New Statistics from 1995; the University of
North Carolina Highway Safety Research Center, Distractions in
Everyday Driving, May 2003 and The-Role of Driver Distraction in
Traffic Crashes, May 2001; the Wisconsin Department of
Transportation, Synthesis Report of Electronic Billboards and Highway
Safety, June 10, 2003; the Municipal Research and Services Center of
Washington, Sign Control Provisions, Jan. 2006; the Veridan Group,
Video Signs in Seattle, Gerald Wachtel, May 2001,reveal that electronic
signs are highly distracting to drivers and that driver distraction
continues to be a significant underlying cause of traffic accidents.
Edits to existing sections 151.115 through 151.126 pg 9
-Sig.;-, ;ode Pevisions City i'oL imil:4-4 i-OQ
(2) Findings. F-
The City of Lake Elmo hereby finds that regulation of the construction type,
location, size, and maintenance of signs is necessary to accomplish the above
referenced objectives,because:
(a) The presence of permanent and temporary signage affects the rural image of
the City of Lake Elmo;
(b) Properly regulated signage can create an atmosphere of prosperity, stimulate
commercial activity, and consequently, lead to increased employment and a
healthier tax base;
(c) The safety of motorists, cyclists, and pedestrians can be threatened by
signage that interferes with necessary sight-distances and/or unduly diverts
the attention of such persons.
(d) Signs that are too bright, overly illuminated, flash,blink, scroll,twirl,
change messages or color, or imitate movement, including video displays,
can distract drivers, cyclists and pedestrians and impact traffic safety.
(B) Severability. If any section, subsection, sentence, clause, or phrase in sections
151.115 through 151.119 are 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 have adopted the Sign Ordinance in each section,
subsection, sentence, or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared invalid.
151.116 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. The content of the message or speech
displayed on the sign shall not be reviewed or considered in determining whether to
approve or deny a sign permit.
(1) Permanent Signs. To apply for a permanent sign permit, a complete
application shall be submitted to the City containing the following:
(a) Names and addresses of the applicant, owners of the sign, and lot;
(b) The address at which the sign(s) are to be erected;
(c) The legal description of the property on which the sign(s) are to be erected
and the street on which they are to front,
(d) A complete set of scaled plans showing the sign dimensions, area,height,
ground elevations, applicable setbacks, and other details to fizlly and clearly
represent the safe construction and placement of the proposed sign(s);
(e) Type of sign(s)being requested (i.e. wall sign,monument sign, etc.);
Edits to existing sections 151.115 through 151.126 Pg 10
si,gn Cocfe Re""isro,is City Councit.4-21_09
(f) The permit fee; and
-- (g) The following if applicable:
i. Written authorization from the property owner upon who's land the sign
is to be erected.
ii. A permit from either MnDOT or Washington County if the proposed
sign is along a state highway or county road.
iii. A sign plan showing signs for all businesses if the sign is located on a
building with more than one business.
iv. Photographs of the building face and the building faces of both-adjacent
buildings if the sign is being placed on an existing structure.
v. If replacing a historical sign,pictorial proof or other information that the
sign is of historical significance or is a reproduction of a historic sign-
(2) Temporary Signs. To apply for a permit to allow a temporary sign, a complete
application shall be submitted to the City containing the following:
(a) Names and addresses of the applicant, owners of the sign, and lot;
(b) The address at which the sign(s) are to be erected;
(c) A generalized plan set showing the sign dimensions and height, and a
notation of the materials to be used.
(d) A scaled site plan which clearly represents the placement of the proposed
sign(s) on the applicable property;
(e) The proposed timefiame(s) over which the sign(s)will be posted;
(fl The permit fee; and
(g) The following if applicable:
i. Written authorization from the property owner upon who's land the sign
is to be erected.
ii. A permit from either MnDOT or Washington County if the proposed
sign is along a state highway or county road.
(3) Temporary Sign Renewal. A temporary sign permit issued by the City may be
renewed provided the sign design, size, location, or other previously approved
details are not proposed to change. A sign renewal application shall include the
following:
(a) Names and addresses of the applicant, owners of the sign, and lot;
(b) The address at which the sign(s) are to be erected,
(c) The date of issuance of the permit being renewed;
(d) The proposed timeframe(s)over which the sign(s) will be posted;
Edits to existing sections 151.115 through 151.126 Pg 11
ounc7l: -2;-0
(e) Written authorization from the property owner upon who's land the sign is
to be erected(if applicable); and
(f) The permit renewal fee.
(4) Review. The planning department shall approve or deny complete sign permit
applications upon receipt of a complete application. If the permit is denied,the
planning department will send a written notice of denial.to the applicant. The
written notice will indicate the reason(s) for denial and a description of the
applicant's appeal rights.
03) Exemptions.
The following signs shall not require a permit,but shall still comply with all
provisions of this ordinance or any other law or ordinance regulating signs.
(1) The changing of the display surface on a previously approved sign.
(2) Signs six(6) square feet or less in size,per surface if double sided.
(3) Window Signage that does not cover more than 1/3 of the total area of the
window in which the sign is displayed
(4) Governmental Signage.
(C) Fees.
The fee for a sign permit is established yearly in the City's adopted fee schedule as
indicated in section 11.02.
Edits to existing sections 151.115 through 151.126 Pg 12
Sign Code Re`I.Isio s city CQUI7cif: 4-2`-00
(D) Computations.
Figure 1: Sign Area
(1) Sign Area Measurement. Measurement
The area of a sign shall be computed by
means of the smallest circle,rectangle or CHANNEU
triangle that will encompass the extreme _
limits of the writing,representation, = `LETT
emblem, or other display,together with any 1 i Width
material or color forming an integral part of
the background of the display or used to
differentiate the sign from the building
facade against which it is placed. When a
sign has two back-to-back sign faces 1RCLE
containing sign copy,the sign area for both Area = Trr2
faces are counted toward the total allowed
sign area. Poles,bases, and other supports
shall not be included in the sign area
calculation.
TRIANGLE
Area 1/2 (b * h) _
6
(2) Sign Height Measurement
The height of the sign shall be computed as the vertical distance measured from
the average grade at the base of the sign to the top of the highest attached
component of the sign.
Figure 2:Sign Height Measurement
i
SIGN � Height w:;Ign TOM nuerage l SlgN
grade to s1le sign top t
i , rrildpoinr of
aye[age grade
Edits to existing sections 151.115 through 151.126 pg 13
evis1.ons �t[�. t l�,^.i:4-2"+-0-9
(3) Total Sign Area Calculation
The total square footage of all sign surfaces shall be computed by adding
together the sign areas of all signs on a property.
Mi
VIV
Pole Sign Area
1 Waft Sign Area �
+ Window Si n.Area
= TOTAL SIGN AREA
Figure 3: Total Sign Area Measurement Example
(E) Construction,Maintenance and Repairs.
(1) The construction of all signs,unless otherwise stated herein, shall be in
conformance with the provisions of the Uniform Sign Code published by the
International Conference of Building Officials, 1997 Edition, as may be
amended,which is hereby adopted by reference and made a part of this
ordinance.
(2) All signs and structures shall be properly maintained and shall be constructed of
sufficiently permanent material so that they shall not succumb to deterioration
from weathering.
(3) Any existing sign or sign structure which is rotted,unsafe, deteriorated, defaced,
or otherwise altered, shall be repainted,repaired, replaced,or removed if repair
is not feasible. Sign maintenance shall be the responsibility of the underlying
fee owner.
Edits to existing sections 151.115 through 151.126 pg 14
Sion Occe revisions Oi�f vcfuich:4-2?-!�
(F) Abatement.
If the City finds that any sign has been erected without the necessary approvals or any
sign is being maintained in violation of any zoning provision, the City may give
written notice of such violation to the installer of said sign; to the permit holder,
and/or to the owner, lessee or manager of said property. If after receiving said notice
such person fails to remove or alter said sign so as to comply with the provisions of
the zoning ordinance, the sign shall be deemed to be a nuisance and may be abated by
the City under Minnesota Statutes, Chapter 429. The cost of such abatement,
including administrative expenses and reasonable attorneys' fees, may be levied as a
special assessment against the property upon which the sign is located.
151.117 GENERAL STANDARDS
(A) Abandoned Signs
Abandoned signs shall be removed.
(B) Building identification.
A building address, date of construction, commemorative tablet, etc; shall not count
towards the overall permitted signage on a building or parcel. All forms of building
identification, except for the building address, shall be cut into a masonry surface or
be constructed of bronze or other incombustible material-
(C) Building Official Review. No sign shall be attached to or be allowed to hang from
any building until all necessary wall and roof attachments have been approved by the
City Building Official.
(D) Changeable Copy Signs. A changeable copy sign, such as a reader board,may be
integrated into an allowable sign subject to the following restrictions:
(1) The message conveyed by the sign face shall not blink, flash, scroll or be so
animated as to be deemed a distraction to passing motorists;
(2) Copy on the sign shall not change more than once per day on average (except
for time,temperature, and price information which must change when necessary
for accuracy);
(3) Characters and backgrounds depicted on a changeable copy sign shall not use
florescent coloring.
(4) All changeable copy sign faces shall be limited to a maximum of 25 square feet
in sign area, or the maximum size of the type of sign on which the face is
placed,whichever is less.
(E) Flags. No more than 3 flags may be displayed on any given parcel. Individual flags
shall not exceed one-hundred(100) square feet in size per surface.
Edits to existing sections 151.115 through 151.126 pg 15
Sign C-Ode R-A-visions Cb/
(F) Illumination. .
(1) Illumination of signs shall comply with Chapter 150 code requirements
governing Lighting, Glare Control, and Exterior Lighting Standards.
(2) Indirect illumination for signs shall be so constructed and maintained that the
source of light(i.e.the bulb;not the fixture) is not visible from the public right-
of-way or residential property.
(3) Back-lit awnings are prohibited.
(G) Ingress or egress. No sign or structure shall be erected or maintained if it prevents
free ingress or egress from any door,window, or fire escape. No sign or sign
structure shall be attached to a standpipe or fire escape.
(H) Landscaping. Sign owners shall be required to maintain the appearance of the
ground around all signs detached from buildings and to landscape where possible.
(I) Master Sign Program.
A Master Sign Program shall be reviewed and approved for all multi-tenant
commercial buildings and for all business park development to coordinate all signage
for current and future tenants. The Master Sign Program shall be reviewed as a
permanent sign permit, but shall only authorize the general locations and sizes of
signs to be erected within a development or on a multi-tenant building. Individual
permanent sign permits shall still be needed for the placement of permanent signs in
accordance with an approved Master Sign Program. Master Sign Programs shall be
subject to the following requirements:
(1) A Master Sign Program shall include a to-scale site plan which identifies the
overall sign types, sizes, and locations for all proposed signage on the site(s).
The site plan shall not contain the names of any current or future tenants or
occupants of the center or overall development.
(2) The Master Sign Program shall include a calculation of allowable sign square
footage for the site(s)based on applicable zoning requirements and lot
characteristics.
(3) The Master Sign Program shall include square footage calculations for
individual signs proposed for the site(s), along with a total sign square footage
area calculation.
(4) All signs within a Master Sign Program shall be visually consistent in location,
design, and scale.
Edits to existing sections 151.115 through 151.126 Pg 16
S yi- node Re-v sjo :s City C4 Nunci;`'4-21-09
(5) The Master Sign Program may be reviewed concurrently with a separate
permanent sign permit for the individual sign(s)identified in the Master Sign
Program. The separate permanent sign permit shall include all information
required by section 151.116(A)(1), and may only be approved if the Master
Sign Program is approved.
(J) Multi-Tenant Buildings.
(1) Multi-tenant buildings are herein considered a single commercial establishment,
and shall be limited to one (1) freestanding sign amongst all planned/allowed
signage subject to the following requirements:
(a) If the multi-tenant commercial building has a floor area of 40,000 square
feet or less,the sign shall not exceed forty(40) square feet(per side) and
shall not exceed eight(8) feet in height.
(b) If a multiple tenant commercial building has a floor area greater than 40,000
square feet but less than 100,000 square feet, the sign shall not exceed
seventy-five (75) square feet(per side) and shall not exceed nine (9) feet in
height.
(c) If a multiple tenant commercial building has a floor area of greater than
100,000 square feet,the sign shall not exceed 120 square feet(per side) and
shall not exceed fifteen(15) feet in height.
(2) Where a building, group of attached buildings on the same block, or center
contains more than one business,the allowable sign area for any single business
shall be its portion of the gross square footage of the building or center applied
as a percentage to the allowable sign area of the entire building or center,
subject to size limitations for specific signs within an approved Master Sign
Program.
(l) Neighborhood Identification Signs
Independent of the total allowable sign area for individual residences within a
residential zoning district,two (2) ground signs for a unified residential area with six
(6) or more lots may be allowed consistent with the following provisions:
(1) New subdivisions:
(a) Neighborhood identification sign(s) shall be approved as a component of a
preliminary and final plat to be included as part of a new subdivision.
(b) Each sign may not exceed a total of thirty-two (32) square feet in area.
Edits to existing sections 151.115 through 151.126 pg 17
vi 1'C.` uricil;L-c 1-09
(c) Signs are to be located on outlots of sufficient size and area to accommodate
them or within a dedicated permanent sign easement. A homeowners or
neighborhood association is required for the area identified by the signs
which shall own and be responsible for the upkeep,perpetual maintenance,
taxes,insurance,utilities, and other costs associated with the sign(s) and
their property. The association rules or by-laws shall specify how the
aforementioned sign responsibilities will be delegated and paid for. City
staff shall review the proposed bylaws to ensure that they specify the
aforementioned responsibilities.
(d) Outlots or easements for signs are to be considered and planned for at the
time of preliminary plat application and shall be included in the final plat. A
developers agreement shall specify the designated use of the outlot or
easements, its ownership, and the respective home owners association
responsibilities regarding the proposed improvements.
(e) Only indirect lighting of neighborhood identification may be approved. The
electric costs and maintenance of such lighting shall be the responsibility of
the homeowners association or neighborhood association of the area
identified by the sign(s) and shall be clearly noted in the association's rules
or bylaws.
(f) The area around the sign is to be landscaped and maintained in such a
manner to accent and enhance the sign while remaining sensitive to the
natural features of the site. Detailed site and landscape plans shall be
included with each sign permit application and shall be subject to review by
the Planning Commission and City Council at the time of Preliminary Plat.
(g) The design and construction of neighborhood area identification signs shall
be done with the highest quality materials and workmanship to keep
maintenance and upkeep costs to a minimum and to minimize the potential
for vandalism. Neighborhood area identification signs are to be
aesthetically pleasing when designed and constructed. The signs shall be
compatible with nearby or potential homes and other structures in the area.
Detailed construction plans and a materials list shall be included with the
preliminary plat application.
(h) The City reserves the right to require the removal--at the owner's
expense—of any sign when the requirements of this Section and this
Ordinance are not completely followed and adhered to or if the sign is not
properly maintained or falls into a state of disrepair. The City shall not have
any obligation or liability to replace any sign or nearby landscaping when
removed by the City.
(2) Existing Unified Residential Areas: A neighborhood identification sign may be
allowed by Conditional Use Permit for existing unified residential areas. if no
outlots or easements were originally designated for signs, the plat may be
amended to provide for such a proposal and shall meet the same criteria and
requirements as set forth for new subdivisions.
Edits to existing sections 151.115 through 151.126 Pg 1
St ':i "-ode Re,isl:}f"s City Council. 4-21-00
(L) Non-commercial speech signs. Notwithstanding any other provisions of this sign
ordinance, all signs of any size containing non-commercial speech may be posted
from August 1 in any general election year until ten(10) days following the general
election and thirteen(13)weeks prior to any special election until ten(10) days
following the special election.
(N) Private on-premises directional signs. Signs located on, above or beside entrances
or exits to buildings or driveways which direct pedestrians or vehicles (e.g.
"employees entrance,""exit only," "rest rooms," etc) shall not count towards the
overall permitted signage on a site provided such signs are no more than four(4)
square feet in area.
(N) Prohibited Signs
The following signs are prohibited in all zoning districts.
(1) Signs obstructing vision. Any sign which obstructs the vision of drivers or
pedestrians or detracts from the visibility of any official traffic-control device.
This includes indoor signs that are visible from public streets.
(2) Unofficial traffic signs or signals. Any sign which contains or imitates an
official traffic sign or signal, except for private, on-premises directional signs
which do not interfere with traffic flows on public roads.
(3) Off premises advertising signs. Off premises advertising signs except as
specifically allowed.
(4) Signs with moving parts, moving lighting or animation. No sign shall
display any moving parts,be illuminated with any flashing or intermittent lights,
use changing light intensity,utilize spotlights giving off an intermittent or
rotating beam existing as a collection or concentration of rays of light(including
but not limited to revolving beacons,beamed lights, or similar devices), or be
animated. The only exceptions to this provision include static time,
temperature, and price information changing only when necessary(which shall
be allowed provided the message depicted is reasonably accurate), allowable
changeable copy signs and barbershop poles.
(5) Roof signs.
(6) Banners,pennants,ribbons, streamers. No sign which contains or consists of
banners,pennants,ribbons, streamers, string of light bulbs, spinners, or similar
devices; except when used for non-commercial purposes, as a governmental
sign, or as part of an approved master sign program or special event temporary
sign permit.
Edits to existing sections 151.115 through 151.126 pg 19
Sign Coce Rev signs City Cou is 4-21-N,
( ) Portable signs. Including but not limited to signs with wheels removed,
attached temporarily or permanently to the ground, structure or other signs,
mounted on a vehicle for advertising purposes,parked and visible from the
public right-of-way,hot air or gas filled balloons or semitruck umbrellas used
for advertising. This prohibition shall not include business vehicle
identification signs when the vehicle is being used for the normal day-to-day
operations of a permitted business.
(8) Signs supported by a guy wire.
(9) Billboards.
(10) Electronic Variable Message Signs.
(11) Signs on natural surfaces. No sign shall be painted, attached or in any other
manner affixed to trees,rocks, or similar naturally occurring surfaces within the
City of Lake Elmo. This shall not prohibit the use of natural building materials
(e.g.boulders) in the construction of a legally permitted sign.
(12) Snipe signs.
(0) Public lands and rights-of-way. No signs other than governmental signs shall be
erected or temporarily placed within any street right-of-way or upon public lands or
easements or rights-of-ways without Council approval.
(P) Regulations for Specific Sign Types
(1) Walk signs
(a) A wall sign shall be located on the outermost wall of any principal building
but shall not project more than 16 inches from the wall to which the sign is
to be affixed.
(b) A wall sign shall not project higher than the parapet line of the wall to which
the sign is to be affixed.
(c) Wall signs authorized by a Master Sign Program shall not exceed 25 square
feet per business, and all signs shall be visually consistent in location,
design, and scale.
(d) Wall signs may be placed on not more than three walls of rectangular
shaped structures or not more than 75 percent of the major walls on non-
rectangular shaped buildings.
(2) Mural Sign.
(a) Mural signs shall not be limited in size,but any commercial or non-
commercial language incorporated into the mural sign shall be limited in
size by the restrictions established for the applicable zoning district.
(b) In addition to the standard conditional use criteria in section 154.018,mural
signs shall also be subject to the following:
Edits to existing sections 151.115 through 151.126 pg 20
S+ar Code Revisions City Caunci+:4-2'-C)v
i. The location for the proposed mural sign shall be viewable by the public
and be accessible;
ii. The scale and suitability of the mural sign shall be appropriate in the
context of the surrounding properties;
iii. The artist(s) commissioned to complete the mural must provide
documentation of demonstrated craftsmanship on similar projects;
iv. The applicant shall provide sureties to the city guaranteeing completion
of the project within the proposed timeframe;
v. The applicant shall demonstrate that the necessary funds are available
for the proposed project;
vi. The applicant must be able to show the final mural will last a minimum
of five years and be reasonably resistant to vandalism and weather.
(3) Projecting,Awning,and Canopy Signs.
(a) Projecting signs and awning signs shall be located on street level.
(b) If lighted,projecting, awning, and canopy signs shall use indirect
illumination.
(c) Awning or canopy signs shall not project higher than the top of the awning
or canopy or below the awning or canopy.
(d) Clearance. The bottom of a projecting sign or awning shall be a minimum
of eight feet(8') above the ground surface when projecting over a private or
public walkway.
(4) Freestanding Signs. Freestanding signs shall not be erected or maintained any
closer than three feet to any building.
(Q) Separation Angle. So as not to create a double exposure or increase sign size
limitations, there shall be a maximum separation angle of forty-five degrees for signs
which are back to back. In all residential districts, double-faced signs shall be
parallel.
(R) Signs needing electricity. Signs needing electricity shall be subject to all applicable
electrical codes as may be amended. Overhead wiring for such signs is prohibited.
(S) Special Sign Districts. All general sign regulations shall apply to signs within each
of the special sign districts except as specifically noted herein.
(1) Old Village.
(a) Boundary. The boundary of the Old Village Sign District is depicted on the
city's official sign district map. Modifications to the district boundary may
be completed using the zoning map amendment process.
Edits to existing sections 151.115 through 151.126 pg 21
Sia, ;als ne��;sions CiIly ourc;?;4-2`-O
(b) Illumination. Indirect illumination or reverse lit letters shall be the
permitted techniques for lighting all signs within the Old Village Sign
District. Other forms of direct illumination are prohibited.
(c) Wall Signs.
i. Wall signs in the Old Village Sign District shall not project higher than
the parapet line of the wall to which the sign is to be affixed or 15 feet as
measured from the base of the building wall to which the sign is affixed,
whichever is lower.
ii. Wall signs in the Old Village Sign District authorized by a Master Sign.
Program shall not exceed 20 square feet per business, and all signs shall
be visually consistent in location, design, and scale.
(d) Freestanding Signs.
i. The area of a freestanding sign in the Old Village Sign District shall not
exceed thirty (30) square feet.
H. Freestanding signs in.the Old Village Sign District shall not project
higher than 12 feet, as measured from the average grade at the base of
the sign or grade of the nearest roadway,whichever is lower.
(2) Agricultural Sales District.
(a) Boundary. The Agricultural Sales District shall include all properties zoned
Agricultural or Rural Residential.
(b) On-premises sign(s). Independent of the total allowable sign area for an
individual property within the agricultural sales district, one or more
additional on-premises signs may be erected on a property in conjunction
with an operating agricultural sales business subject to the following
requirements and restrictions:
i. Agricultural sales businesses utilizing less than 10 acres of land
specifically for the growing of agricultural crops for the business are
allowed 1 on-premises sign not to exceed 32 gross square feet of
advertising surface;
ii. Agricultural sales businesses utilizing more than 10 acres of land but
less than 40 acres of land specifically for the growing of agricultural
crops for the business are allowed 1 or 2 on-premises signs not to exceed
48 gross square feet of advertising surface(with no sign surface
exceeding 32 square feet in size);
iii. Agricultural sales businesses utilizing more than 40 acres of land
specifically for the growing of agricultural crops for the business are
allowed 1 ,2 or 3 on-premises signs not to exceed 64 gross square feet
of advertising surface (with no sign surface exceeding 32 square feet in
size),
Edits to existing sections 151.115 through 151.126 pg 22
iv. Sign(s) shall be in the form of an allowable sign type in the underlying
zoning district.
v. No dimension of any sign shall exceed 15 feet exclusive of supporting
structures.
vi. Any illuminated sign shall be illuminated only during those hours when
business is open to the public for conducting business.
(c) Temporary off-premises sign(s). Independent of the total allowable sign
area for an individual property anywhere within the city, a temporary off-
premises sign may be erected on a property in conjunction with an operating
agricultural sales business subject to the following requirements and
restrictions:
i. Maximum Number. Every agricultural sales business shall have no
more than two off-premises signs at any given time to direct the public
to the location of the business.
ii. Timeframe of use. Temporary off-premises signs may be erected for 45-
day time periods no more than four times in any given calendar year.
The required temporary sign permit shall stipulate the range of dates for
each of the four allowable time periods in any given calendar year.
iii. Size and Height. An off-site agricultural sales advertising sign shall not
exceed 50 square feet in area and shall not be taller than 10 feet in
height;
iv. Setbacks. Off-premises signs shall be a minimum of 25' from all side
property lines, and a minimum of 50' from other off-premises
advertising signs;
v. Permission Required. Applicants for off-premises signs shall acquire
permission from the property owner upon whose land the sign is to be
erected.
(3) I-94 District.
(a) Boundary. The I-94 district shall include parcels within the BP, GB,HB,
CB, and LB zoning districts which meet the following criteria:
i. The property is a buildable lot located to the south of Hudson Boulevard
and to the north of Interstate 94.
ii. The property's southern boarder abuts Hudson Boulevard, and is not
directly north—either wholly or partially—of a developable parcel lying
between Hudson Boulevard and Interstate 94.
(b) Illumination. All forms of illumination which conform to the general
illumination standards for all signs shall be the permitted within.the I-94
Sign District.
Edits to existing sections 151.115 through 151.126 pg 23
(c) Maximum total square footage of ALL sign surfaces. The maximum
total square footage of all sign surfaces in the I-94 district shall be dictated `
by the maximum sign sizes for allowable sign types.
(d) Wall Signs. The least restrictive of the following may be used to determine
the allowable area for wall signs in the I-94 District:
i. The total area of all wall signs on any wall shall not exceed ten percent
of the area of the wall with a maximum allowable area of 80 square feet;
or
ii. The total area of all wall signs on any wall shall not exceed five percent
of the area of the wall with a maximum allowable area of 300 square
feet.
(e) Freestanding Signs. In lieu of a freestanding sign meeting underlying
zoning requirements, a building site within the I-94 District may have one
freestanding sign within 50 feet of the property line nearest the Jnterstate
provided the sign does not exceed 150 square feet per side (300 square feet
total) or 30 feet in height. The base of such a sign shall be at least 75
percent of the width of the sign and be constructed of materials that match
those used on the building for which the sign is installed.
(f) 'Window Signs. Window signs in the I-94 district shall not cover more than
1/3 of the window area.
(g) Awning, Canopy, and Projecting Signs. One awning, canopy or
projecting sign,in conformance with the underlying zoning requirements for
height, location, and maximum size may also be erected for each business
on a building site in the I-94 District.
(T) Substitution Clause. The owner of any sign which is otherwise allowed by this sign
ordinance may substitute non-commercial speech signs in lieu of any other
commercial speech sign or other non-commercial speech sign. The purpose of this
provision is to prevent any inadvertent favoring of commercial speech over non-
commercial speech, or favoring of any particular non-commercial speech over any
other non-commercial speech. This provision prevails over any more specific
provision to the contrary.
( ) Temporary Signs.
(1) Special Events. Temporary signs may be allowed upon issuance of a permit for
on-site advertising of special events such as openings and closings, change in
management, sales events, or other special occasions. No more than four
temporary sign permits may be issued in any calendar year for a given
destination, and each temporary sign permit shall run for 15 days. Temporary
signs for special events shall be subject to the following regulations:
(a) Only one on-premises temporary sign shall be allowed per business or
event.
Edits to existing sections 151.115 through 151.126 Pg 24
Sign Code Revisions :amity Council:4-21-009
(b) Temporary signs shall be in the form of an allowable sign type in the
underlying zoning district.
(c) Temporary signs shall not exceed 32 square feet in area and shall not be
taller than 10 feet in height_
(2) Residential development advertising signs. Independent of the total
allowable sign area for individual properties or residences within a residential
zoning district, one or more additional ground signs may be erected within a
newly established unified residential area development subject to the following:
(a) Minimum Development Size
i. Projects of less than 25 acres which create ten or more dwelling units are
allowed one(1) on-premises ground sign not to exceed 100 square feet
of advertising surface;
ii. Projects of 26 through 50 acres which create ten or more dwelling units
are allowed 1 or 2 on-premises ground signs not to exceed 200 aggregate
square feet of advertising surface on the project site; and
iii. Projects over 50 acres which create ten or more dwelling units are
allowed 1, 2, or 3 on-premises ground signs not to exceed 200 aggregate
square feet of advertising surface on the project site.
(b) Restrictions.
i. No dimension shall exceed 25 feet exclusive of supporting structures.
ii. The sign shall not remain once 90% of the lots in the development have
been issued building permits.
iii. The permit for the sign must be renewed annually by the Council.
iv. Only indirect illumination is permitted and shall only occur during those
hours when an on-site sales office or model home is open for conducting
business.
(3) Temporary Off-Premises Signs. Temporary off-premises signs may be
erected if all of the following criteria are met:
(a) The destination to which the off-premises sign is advertising is a property
for sale;
(b) An agent must be present at the destination property for sale, and the
property must be open for viewing.
(c) The sign must be located on private property, and permission must have
been obtained from the private property owner to erect the temporary sign;
(d) The temporary off-premises sign shall not exceed six(6) square feet in size;
Edits to existing sections 151.115 through 151.126 pg 25
(e) The temporary off-premises sign shall not cause the total square feet of
signage on a property to exceed the allowed maximum in the underlying
zoning district.
(V) Warning Signs. Warning signs which do not exceed the minimum statutory
requirements for size and number may be posted, and shall not count towards the
overall permitted signage on a given property. Increases in either size or number
over minimum statutory requirements shall count against the overall permitted
signage on a given property unless authorized by conditional use permit which finds
sufficient evidence that larger or more frequent signage is necessary to provide the
intended warning.
151.118 Specific Regulations by Zoning District
(A) Sign Setbacks. Signs shall conform to the set back regulations listed in table 1 for
the zoning district in which the signs are located except as may be specifically
exempted or restricted in sections 151.117 and 151.118.
ZONINGTable 1: SET&ACKS BY
DistrictsBase Zoning
BP
R4 RE s•
Front Lot Line 5 5 5J 5
Side Lot Line 5 5 5 5 5 5 5 5 1 5 15 5 5 5
Rear Lot Line 5 5 5 5 5 5 5 5 1 10 1 10 1 10 10 10 5
Vehicular Access 5 5 5 5 5 5 5 5 1 15 1 15 1 15 1 15 15 5
[1]: Awning/Canopy signs, mural signs, projecting signs,wall signs,or window signs proposed to be located on a
building legally non-conforming to setback requirements shall be permitted without a variance provided all other
zoning code provisions are met.
[2]: Signs within Business Parks shall also adhere to the requirements of a master sign program approved by the
City Council in conjunction with the business park establishment.
Edits to existing sections 151.115 through 151.126 pg 26
^^ e {?e v �7 l_,JL y Counc.i,1-2 t-cl-
J!g r i�vli.. LtSi�r.S �
(B) Allowable Sign Area. The maximum allowable sign area for an individual sign and
for total site s Danage is listed in table 2 by zoning district. These maximums shall
apply except as may be specifically exempted or restricted in sections 151.117 and
151.118.
oR EPA Z • 8
• s s • - osr.-- a
A, RR, R I, R2, RE, OP [3] 6 C 6 6 6 12 square feet
R3 & R4 [3] 12 C 12 UM 12 12 24 square feet
I 1.0 square foot per lineal foot of
GB, HB, CB, LB, BP,&PF [4] , 30 j 60 C 30 6 [5] No building parallel or substantially parallel
max to public road frontage (excluding
alleys). [6]
[1]: Sign types with shaded cells are prohibited in the applicable zoning district(s). Sign types with a maximum sign
area of"C"shall require a conditional use permit.
[2]: Ground, monument,or pole signs,where permitted, shall be limited to one (1)per commercial establishment.
[3]: All sign types in residential districts shall have no more than two(2) surfaces.
[4]: The gross surface of an awning or canopy sign shall not exceed 30%of the gross surface area of the smallest
face of the awning or canopy of which the sign is to be affixed.
[5]: On any wail parallel or substantially parallel to a public roadway,the gross surface area of a wall sign shall not
exceed US square feet for each lineal foot of building facing the applicable roadway. For walls not facing a
public roadway,the maximum wall sign size shall be twelve (12)square feet.
[6]: Open sales lots or other approved uses on lots without a building shall be limited to thirty(30) square feet of
total sign surfaces.
Edits to existing sections 151.115 through 151.126 pg 27
S%,qr) Coca,Rev;sions �itv G;ra��c;;: �-2;-09
(C) Freestanding Sign Height.The maximum allowable sign height for a freestanding
sign is listed in table 3 by zoning district. These maximums shall apply except as
may be specifically exempted or restricted in sections 151.117 and 151.118.
Table 3: ALLOWABLE FREESTANDINC, SIGN HEIGt-lT IN FEET
By ZONING DISRICT
Base Zoning Districts
•' GB HB CB LB BP PF
Allowable Height 5 5 5 5 8 8 5 5 20 20 20 20 20 20
in feet
151.119 Sign Variances
Variances from sign provisions shall be administered in accordance with section
154.017, and shall be subject to the following additional requirements:
(a) The sign(s) shall be compatible with the character of the adjacent buildings and
with the character of the adjacent neighborhood;
(b) The sign(s) shall have good scale and proportion in the visual relationship to
buildings and adjacent areas;
(c) The material, size, color, lettering, location, and arrangement of the sign(s) is an
integral part of the site and building design; and/or
The colors,materials, and lighting of the sign(s) are restrained and harmonious, as
interpreted by the City Planner.
SECTION 5. The City Council of the City of Lake Elmo hereby amends Chapter 151 of
City Cody by adopting the map depicted in Exhibit"A"to serve as the City's official Sign
District Map.
SECTION b. Effective Date
This ordinance shall become effective immediately upon adoption and publication in the official
newspaper of the City of Lake Elmo.
Edits to existing sections 151.115 through 151.126 pg 28
Sigp i✓ode Rev.Wo.w City Council;4-2;-09
SECTION 7. Adoption Date
u This Ordinance No. was adopted on this day of 72009,
by a vote of_Ayes and Nays.
Mayor Dean Johnston
ATTEST:
Craig Dawson
City Administrator
This Ordinance No was published on the day of ,2009.
Edits to existing sections 151.115 through 151.126 pg 29
CITY OF
LAKE
ELMO
City of Lake Elmo 651/777-5510
3800 Laverne Avenue North / Lake Elmo, MN 55042
MEMORANDUM
TO: City Council
FROM: Craig W. Dawson, Interim City Administrator
Tom Bouthilet, Finance Director
Joe Rigdon,Finance Specialist
DATE: June 9, 2009, City Council Work Session
SUBJECT: Preliminary Discussion of 2010 General Fund Budget
This memorandum is intended to provide the Council some background going into the preparation of
the 2010 General Fund budget. It is hoped that the Council can share with staff its goals or
expectations for the 2010 budget, both in terms of overall revenues and expenditures, as well as
programs that the City is or should be doing that should be addressed as the budget is developed.
These matters can be discussed as the Council reviews the budget in more detail at work sessions in
July and August.
Results from the 2009 Legislative Session: Out of the work of the Legislature and Governor in this
year's session,there were just a few changes related to the State's constraints on the City's budget for
2010.
• Levy limits remain in place. The levy limit increase for Pay 2009 was 3.9%(in terms of the
total revenue from property taxes; it did not apply to the tax rate), although there were
exceptions for special levies for debt service and increased personnel costs for public safety.
These exceptions remain in place for Pay 2010.
A feature of the levy limit bill that is of more importance now than when it was enacted in
2008 is that the increase be the lesser of 3.9%or the implicit price deflator(IPD, in reality a
measure of inflation) for the government sector tracked by the federal government. The
change in the IPD from 2007 to 2008 was 6.1%; for first quarter 2008 to first quarter 2009, it
has been only 0.7629%. This percentage will be used, and Lake Elmo's restricted tax levy for
2010 would be $2,349,854, or an increase of$17,724.
The City would be able to have a special levy for unallotment of Market Value Homestead
Credit(MVHC). In December 2008,the Governor's unallotment reduced the City's MVHC
by$19,365. If an unallotment for 2010 is declared by September 1, 2009, the City may have
a special levy to recover the estimated $38,730 it would have collected in 2009. If the
unallotment is made in December 2009, the City may recertify its levy for 2010 by January
15, 2010, to recover the lost revenue. These special levies, if made by the Council,would
recover$58,095.
%� printed on recycled paper
Preliminary Discussion of 2010 Budget
June 9, 2009, City Council Work Session
Page 2
• Modifications to Truth-in-Taxation Process. The Legislature scaled back the State-mandated
truth-in-taxation process. The requirements for Truth-in-Taxation public hearings and
newspaper notifications for taxes payable have been removed. Cities no longer will be
required to hold the special meeting on the proposed budget and tax levy, but must announce
the times and dates of regularly scheduled meetings at which public comment will be taken on
them. The City still must certify its proposed (i.e., not-to-exceed)tax levy by September 15.
REVENUE
Changes in the Property Tax Base: Washington County's 2009 Assessment Report, which was
published before the appeals process began for local and County boards of review, showed that Lake
Elmo's total estimated market value declined 5.0%, from $1.29 billion to $1.23 billion;the total
residential value declined 3.8%. The preliminary figure for the City's total tax capacity for
2009Pay2010 is not yet available. Assuming the same 5.0%reduction as in total market value and
that the Fiscal Disparities figures would remain the same, total tax capacity would be $13.01 million,
a change of$-685,000 from 2008Pay2009.
Changes in Tax Revenue Available: The City Council may use several guides in framing the 2010
budget from the tax revenue available. Among them:
a) Hold the total tax rate: The City's 2009 total tax rate is 19.878. This rate applied to the
preliminary Pay2010 tax capacity would yield$2 567,369, a decrease of$140,786.
b) Hold the tax rate for non-special levies: The City's tax rate subject to levy limits in 2009 is
17.118. This excludes special levies for such things as debt service and increases in personnel
costs for public safety. This rate applied to the preliminary Pay2010 tax capacity would yield
$2.2 million, a decrease of$130,000.
c) Levy the maximum per the Ievy limit law: The City's non-special levy for 2009 is
$2,332,130. With the applicable IPD for the Pay20lO levy of 0.76%,then the levy could be
$2,349,954, or an increase of$17,724. The estimated tax rate would be 21.190.
d) Special levies not subject to levy limits for Pay2010 are estimated to be $427,480, for which
the tax rate would be 0.42%. (Note: the County's police agreement has not been settled for
2010, and no increase is included above.)
Changes in Other Revenue, 2009 and 2010: Revenues for 2009 generally are following what was
anticipated for 2009 with two exceptions.
• Building Permit Fees. The 2009 budget shows $140,000 for building permits (new
construction and remodels/additions). Tbrough May 29, $35,000 in building permits has been
received. At this pace, building permit revenue could be approximately$70,000 below
budget.
Preliminary Discussion of 2010 Budget
June 9,2009, City Council Work Session
Page 3
• Plan Check Fees. The 2009 shows $45,000 for fees to check plans for building
improvements. Through May 29, $8,000 in plan check fees have been received. At this pace,
this fee revenue could be approximately $30,000 below budget.
The shortfall from these two revenue sources combined may well be $100,000 for this year.
Given the uncertainty about when and how quickly housing and building development activity may
rebound, it may be prudent to anticipate that revenues from building permits and plan check fees in
2010 will be equal to what we might project that 2009 will turnout to be: $85,000, or a$100,000
reduction from the adopted 2009 budget.
In terms of other non-tax revenue, at this point we believe that they will likely achieved for 2009 and
remain the same for 2010.
EXPENDITURES
At this point, increases will be needed for two new expenditure requirements and an ongoing
contractual one in the 2010 budget:
1) PERA. The City's employer contribution to the Public Employees Retirement Association
(PERA) will go up another 0.25%. For the General Fund payroll,this increase will total
approximately $2,000. This expenditure is within the levy limit.
2) 2009 Street Improvement Bonds: Bonds will need to be sold in August or September for the
approximately $600,000 cost for street improvements in 2009. Assuming a typical bond
repayment schedule,the debt obligation for 2009 will be around$51,000 (or 0.397 on the
estimated tax rate). This expenditure is outside the levy limit.
3) Washington County Sheriffs Contract: The Sheriff s Office is developing its proposed
budget, and did not have information to share at this time. The contract for 2009 is 466,950.
Any change in personnel costs could be outside the levy limit, and the change in operating
costs would be within the levy limit.
One-time Expenditures in 2009: With the exception of capital outlays for equipment,the 2009
budget contains only one notable one-time activity in operations. This was $20,000 for consulting
engineer services for required updates to the Comprehensive Plan. The only update covered by the
General Fund was for the Transportation chapter. While this amount will not be needed for 2010, it
could be re-programmed for other activities.
Expenditure-reducing Actions underwa in 2009: There have been a few notable items that have
reduced expenditures thus far in 2009.
• The building official position, budgeted at$87,550,has been left vacant. It is unlikely that
this position will need to be filled until later this year or in 2010, but it will be needed when
building activity recovers. The savings is offsetting the decline in building permit and plan
check fee revenue for 2009.
Preliminary Discussion of 2010 Budget
June 9,2009, City Council Work Session
Page 4
• Salya adjustments have not yet been authorized for 2009. The 2009 General Fund Budget
has an increase of$30,000 included for salary and FICA/Medicare/PERA contributions.
• The planner has voluntarily reduced her schedule to 0.8-time thus far this year.
Continuing these expenditure-reducing activities through the rest of this year would offset the
possible $100,000 shortfall in building permit and plan check fee revenues. This also assumes that,
in the absence of receiving any MVHC during 2009, the Council would levy to recover it in 2010.
Staff is beginning to review the 2009-2013 Capital Improvement Program(CIP)to determine what
2009 items can be reprogrammed to other years, and to develop a proposal for the 2010-2014 CIP.
Deferral of capital improvements,purchases, and maintenance is at best a temporary coping strategy,
as the need rarely goes away and subsequent costs area greater. Under the current financial
conditions and lack of revenue flexibility, however, it is something that should be considered.
FUND BALANCE
The balance in the General Fund should be in the range of 40 to 50 percent of the next year's
operating budget in order to handle the City's cash-flow needs (primarily due to receiving taxes only
twice during the year,) and to handle some emergencies and contingencies. The 2008 year-end
unreserved balance the General Fund was $1,403,000, or 49% of the City's 2009 General Fund
operating budget of$2,892,000. (As a note,the 2008 year-end fund balance was about$150,000
more than year-end 2007.) Just as a point for discussion, if the City were to target a 45%balance in
the General Fund, approximately$100,000 could be available for 2010 (assuming no change in the
year-end fund balance or the total 2010 expenditures). Any use of the fund balance should go toward
one-time activities or expenditures, in order not to have a structural deficit.
The City also has a designated balance in the General Fund of$1,000,000, which is an internal loan
to the Village Fund.
THE SCOPE OF BUDGET SCENARIOS
Developing a budget is making choices from several goals both in revenues and expenditures. The
various possibilities noted above are not intended to be confusing, but rather to illustrate the range of
options depending on a variety of goals to be pursued, especially in setting the tax levy. Given the
concern and constraints on revenue, it is assumed that this will be the primary driver in arriving at an
expenditure budget, and hence the programs and services the City will be able to provide in 2010.
• One reasonable assumption is that there will be around $65,000 in new expenditures—the
bond payments for 2009 street improvements, and increases in PERA and Sheriff costs.
• One could also assume that other expenditures will not be changed.
Preliminary Discussion of 2010 Budget
June 9,2009, City Council Work Session
Page 5
• Another reasonable assumption is that building permit and plan check fees will be reduced
$100,000.
o With these three assumptions, the City would need $165,000 in new revenue for 2010.
• On the revenue side,the City has many possibilities:
o By not increasing the tax rate, a reduction of$140,000 in tax revenue
o By increasing the tax levy per statutory limit, an increase of$17,700 in tax revenue
o By increasing the tax for special levies, an increase of perhaps $60,000 in tax revenue
o By levying for unalloted MVHC,recovering up to $58,100 in tax levy collections (thus
not taking a bit in the balance of the General Fund).
• By funding but leaving vacant the Building Official position, expenditures would be reduced
$88,000. This assumes the position would not be filled the entire year_ It may,however,need
to be filled or handled on a contract basis in the interim, as building activity may warrant.
Increased permit revenue would likely offset the expense.
• The $20,000 in one-time Comp Plan expenditures could be used to reduce the need for
revenue, or as a continuation of a revenue source for 2010.
• The City would continue not contributing to capital project or capital equipment funds.
In the range of options discussed above, the range of budget choices facing the City could be from a
$305,000 problem to one that represents a continuation of the 2009 budget solved with a$77,700 or
so tax levy increase(about 2.7%)without addressing recovery of MVHC.
What's discussed above is only a suggestion or an illustration of a perspective to approach the 2010
budget. The Council's budget deliberations will identify many other ways to set the 2010 budget.
POSSIBLE CHANGES FOR 2010?
As stated at the beginning,the purpose of this memorandum is to provide a bigger-picture context in
planning for the 2010 General Fund budget. The details in strategies to balance the budget will play
out over the next few months.
While not wanting to delve into details at this time, it would be helpful to staff for councilmembers to
identify values, concepts, programs, and activities that they would like to be addressed and evaluated
during the budget development process. Their impacts on the 2010 budget (as well as subsequent
years) can be analyzed and reported at future budget work sessions.
The Budgets for Non-General Funds: The focus of budget development at this time is on the tax-
supported General Fund, as it has the greatest limitations as well as a September 15 deadline. Staff
will endeavor to prepare the budgets for the remaining funds for consideration later this summer as
part of a comprehensive budget, but it is quite possible that consideration of them will need to occur
after the approval of the proposed 2010 General Fund budget and 2010 proposed tax levy.