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HomeMy WebLinkAbout2024-13CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.2024-13 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY AMENDING CHAPTER 105.12.430 SIGN REGULATIONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title 105 Zoning; Chapter 105.12: Zoning Code, 105.12.430 Sign Regulations is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with sttikethreugh): 105.12.430 Sign Regulations a) Purpose and intent. The purpose of this section is to provide standards to safeguard life, health, and property and to promote the public welfare by regulating the design, area, number, construction, location, and installation of all signs referred to hereunder. The city council and planning commission of the city find that the visual environment has an effect on the welfare of the citizens of the city and that careful control of signage can protect and enhance the community. To carry out this general purpose, the regulations set forth herein are intended to: 1. Protect the public from hazards that result from signs which are structurally unsafe, obscure the vision of motorists and/or compete or conflict with necessary traffic signals and warning signs. 2. Preserve the land value of private property by ensuring the compatibility of signs with nearby land uses. 3. Foster high quality commercial and industrial development and to enhance economic development of existing businesses and industries by promoting reasonable, orderly, attractive and effective signs that meet the need for business identification, advertising and communication. 4. Encourage creative and well -designed signs that contribute in a positive way to the community's visual environment, express local character and help develop a distinctive image in the city. s,Aim Doke Q R a art r a� .iio�.,.rim-sir�im—s-.rocariagvsuar� 5. Recognize that signs are a necessary form of communication and provide flexibility within the sign review and approval process to allow for unique circumstances. 6. Provide applicants with clear and consistent rules and regulations and to guarantee equal treatment under the law tldror_ �ghaccurate record keeping and consistent enforcement. It is not, however, the purpose or intent of this section to regulate the message displayed on any sign, b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Abandoned sign means any sign remaining in place which for a period of 90 consecutive days or more that no longer advertises or identifies a bona fide rfengeitrg business, product, service, idea, or eommore}al activity or has not been properly maintained in accordance with the requirements of this section. Ancillary sign means a wall sign separate from and subordinate in area to the principal sign-,44en47inb gen�ri�s€a�ices; geods-e�ddepa�xients-irr the-building;-suF,h-as- phn....r�oP�ival��:to :;Z,a rir; er gerd®rz Attention -attracting object means any streamer, pinwheel, pennant, flag, propeller, inflatable sign, statuary, tethered balloon, bunting, beacon, or other artificial device, figure, shape, color, sound, light or exhibit, whether live, animated, or still, that is intended to attract attention to the use or business being conducted on the site. Attention -attracting object does not include the flag of any governmental country. Awning means a roof -like cover consisting of fabric, plastic or structural protective cover that projects from the wall of a building which generally serves the purpose of shielding a doorway, entrance, window, or outdoor service area from the elements or to provide decorative distinction. Banner means a suspended sign made of a flexible material such as canvas, sailcloth, plastic, paper, or fabric of any kind, and intended to be displayed on a temporary basis. A decorative barrier is a banner containing no message or logo that is displayed for the purpose of adding color or interest to the surroundings or to the building to which it is attached. A flag or canopy shall not be considered a banner. Beacon means a stationary or revolving light that flashes or projects illumination, single color or multicolored, in any manner that is intended to attract or divert attention. Billboard means an off -premises sign on which lettered, figured, or uictorial matter is dis la ed that has a display surface of 2S0 square feet or more. Brasitasss-openin8stg'n-rneaxs-aterrrpo-rar3`stgr>-ckispla5'ed-pr-ter-er-tit-additien-te-permiit€d-pertinent srgrts-totem , Canopy means a detachable, roof -like cover, supported from the ground or deck, floor or walls of a structure, for protection from the sun or weather. Changeable copy sign means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged manually without altering the face or the surface of the sign and on which the message changes less than eight times a day and less than once per hour. A sign on which the only copy that changes is an electronic or mechanical indication of ru ice, time or temperature shall not be considered a changeable copy sign. �oii,�.cr;-ixivl-r"',scssczb-C-aiNairs-a-n3@ , vmaieancy, promue­,.ja rd?a.'-�.� v'r-ivriiav a�io-9-sv'cm�c'�i'dr«Prgti-�cra �ui�i-rcnccvr?s rm reial-tran&w4ioR-i-eWed-thereto-. Comprehensive sign plan means a complete signage plan for a building or lot that has been approved by the city. evrsaerzm-ciar. Signriagniuornrry'razp,-imirvi C�8kH13urn"6•�"-'nr'dvidc'.n-r"saosr�ir, coiaanrn39r1� 1 ' F 1 .1'' v`r"lcvicrii�m"rae"'a�ig� 0 6�...o.n+ "ori �i'c#'1'rnsr'.iF,^-vr-.os-cspon've'rrr^n xucarczrrse. of�cn-icmr�,�-vnvrupvirwrxs'caaa'-caa��'3agaroxcr. Copy means words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign. Directional sign, on premises, means a sign without eommoreial-mmagc-erected for the purpose of indicating the required or preferred direction of vehicular, bicycle, or pedestrian traffic on private property inEhtdiklgThtlt-ne"imited-tO- Ilno-parki ,ng —"�2ntn3nC-@—�s^��cr�rin 4oadiag-only-an"thot, Directional sign, off -premises, means any sign with that is displayed for the purpose of informing people of or guiding people to a particular place for a specified event, including, > « :' •. a « ��or-.i�:,u�.�o; a�.-epei: tr.insparent cr-- �. n�.,lueent rnater-i-al-from-a-soureeof li�htorigiiiating-rvithinn or-en-suslrsigir. Directory sign means a sign which serves as a common or collective identification for a group of persons or businesses operating on the same lot.ua s ter. �xn x j l �tthvz� ooap<a s ro� plari-,-ad<lressss or -suite nuiitherss o-€an o-ffioe-eennpl®x;-shopping-center er-residontial bunlditig eonnpl Flection skn ea r means si rrr rs authorized b�lVdinnesot:r Sta4utes Section 211B.045 c 'w-srxi�,-virrxir�cisrr'nia rn'.in'va�a-ivnv'v"r'rirg-eiae gc .crarvrei-no"zrvr$ Fag snars"�amcxzzcccxvrr. , Flectr'onic variable message sign means a changeable copy sign or portion thereof which can be electronically changed or rearranged without altering the face or the surface of the sign, not including signage or portions thereof displaying Rjice, time and temperature. Facade means any separate face or surface of a building, including parapet walls, and roof surfaces or any part of a building which encloses or covers unusable space. Where separate facades are oriented in the same direction, or where the inside angle at the intersection of two surfaces is greater than 135 degrees, they are to be considered as part of a single facade. Flag means a device generally made of flexible material, such as cloth, paper, or plastic, and displayed from a pole, cable or rope. It may or may not include copy. Frontage means the boundary of a lot that abuts a public street. and -sales ®.-I"-unmx..rgc'-3u'�rvo aovi «ozv-isrsyv�v^ ^oFr"pervormrl'ivcc§@ Ssion9- Government sign means any sign erected by the city or any other governmental entity in the exercise of official government business and authority. Ground sign means any freestanding sign that is supported by structures or supports in or upon the ground and independent of support from any building. A single sign structure having two identical or nearly identical faces back to back shall constitute a single sign. For the purposes of this definition, a ground sign is intended to refer to a primary, permanent, ground -mounted sign, not a temporary sign or sign that is ancillary to the primary sign, such as a directional sign or portable sign. Hanging sign means a sign that is suspended from the underside of a surface and is supported by such surface. Imli � e" uv'2sr""o'coir�movra-ro-n^ si3: Inflatable sign means a freestanding or moored sign expanded or inflated with air or another gas, like a balloon, and which may rise and float above the ground. Legal nonconforming sign means any sign which was lawfully erected and displayed . n4ei y—eleAi4 o insert-effeetive-dato-j; but which does not conform to the requirements and limitations herein, or any sign which was lawfully erected and displayed on the effective date of any amendment to this section, but which does not conform to such amendment. Said legal nonconforming sign may be continued through -repair, reglacement� restoration maintenance or irnorovement, but not including expansion. "Expansion" shall be defined as angstrnctuural alteration, change, or addition that is made outside of the m•igr_nal sign structure or spa area, including the addition of a dynamic di. splay; Lego -means -a- symbol -or -trademark to idenii€y busirt®ss erergar�iaation: ti�lemerial-sig�r tnearts-a-sign-er-t1•d31et-unerneFiulizing-a-p®rsorr; went,-place-er-st�eirtre: groundMonument sign means a 1 1 1 of any material measuring 1 one-third 1 (one-third) of the greatest width of the sign at any point. 10-181411 VW _ fiiwk Pennant or /1 banner or flag. • L 0 @0 ? WIN Pole sign means a ground sign mounted upon a pole or pylon, or multiple poles or pylons, not meeting the definition of a monument sign. Portable sign means a type of temporary sign that is not permanently attached to the ground or a building or not designed to be permanently attached to the ground or a building, including, but not limited to, trailers or other vehicles that are used principally as a sign, posters, sandwich boards or other freestanding signboards, regardless of whether such signs are attached to the ground or to a building or structure. Projecting sign means a sign that is attached to the wall of a building and projects more than 15 inches beyond such wall. esZ esta#e�ign moans a-sign--advertisingonly fire sal®; rorxtal or-l-ease of-th€ Kernises-upon-whieh-the sign-is-leeated: .Sign means any lettsryword, or symbol�poster, }iicture, statuarya r°eadeue matter or representation in the nature of an an dvertisemeui annoxxncexnent rnessae; or visual commrenicaYron, whether Uiainted, posted, printed, affixed, or constructed iueludhjg all associated brackets, braces, sx�,-pn ports wires and struct:reswhich is displayed for information or communicaliv®purkios®s. ul�liair`y'-oi-rc,r'-iPirg, rog'"va-eery. "�� 1'rgci `rs� or- buil<ling-or�i-om-a-tr-aveled-catty; -that-ei#tar-oenveys-a-xn®saga-to-the-publio--or-intends to -advertise; tion to nny-event, goo > A sign does not include wall or building art. Street frontage means the distance for which a lot boundary adjoins a single public street Temporary sign means a si n first is not constructed or intended for lorxgterxn use. 0115_sib>r,*'aans VildaeAeea means all proper°ties wxtlxiax tlxe Village Area Metropolitan an Service Area tMUSAL boundary. Wall sign means a sign that is attached to a wall of a building and is affixed parallel to the wall at a distance of not more than 15 inches from the surface of the wall with no copy on the sides or edges. This definition includes painted, individual letter, cabinet signs, and signs on a mansard. Window sign means any sign located completely within an enclosed building and visible from a public way or placed upon a window. Merchandise within the premises and visible from the exterior shall not be considered a window sign under this definition; however, any signs that are placed on the backs of shelving units or similar structures, or interior walls where the sif n is located less than seven feet from the window's surface shall be considered a window sign. c) Applicability. The sign ordinance codified in this section shall apply to any sign placed, erected, altered, maintained, or relocated within the city that is plainly visible, although not necessarily legible, from any vehicular or pedestrian public right-of-way or--any-lot in-ownership-separate€romA-fte-lotWeirwhieh-the eig„r.zs-located. This section shall not regulate government signs. the couv or message displayed on suss sins not intended to be viewed from a uublicright-of--way; interior window disulays; product disuennsersa non -dynamic disulays on scoreboards on athletic fields, flags, gravestones. barber poles; religious symbols; commemorative ulaaues; the display of street numbers; or any disul not defined herein as a sign. The purpose of this provision is to prevent any inadvertent favoring of commercial s eeech over non-commercial speech, or favoring of any particular non-commercial mesas a over au other non -coroner cial mesa e. This rovision revails over an mores ecitic provision to the contrary. d) Sign permits and fees. 1. Permit required. Except as provided in this section, it shall be unlawful for any person to place, erect, alter or relocate within the city, any sign without first obtaining a permit from the planning community devel0 went department and making payment of all per xnit fees as required by the city's fee schedule. This subsection shall not be interpreted to require a permit for a change of copy on a changeable copy sign, changing occupant sign panels on a directory sign, repainting, cleaning, or other normal maintenance and repair of any existing sign or its stricture as long as the sign copy does not change. 2. Application for sign permit. All applications for sign permits shall be filed on a form supplied by the city. Such application shall be submitted with all required information provided and shall contain or have attached thereto the following information: a) Date of application. b) Name, address, telephone number, ands a. a: f .nd email address, of the applicant as well as of the person, firm, corporation, or association erecting the sign. c) The written consent of the owner or lessee of the premises upon which the sign is to be erected, or the sworn statement of the applicant that the applicant is authorized by the owner, lessee or other authorized occupant of the premises to erect the proposed sign. d) A scale drawing showing the existing and proposed location and dimensions of all buildings, structures, and signs on the subject property. For a ground sign, the drawing shall also indicate the following: Ddistance of the sign from either the face of curb or sidewalk as well as its location relative to other ground signs, driveways, fire hydrants, and any other features of a site that could be obscured by the sign. e) A landscaping plan around the base of all ground signs. f) The configuration of the proposed sign listing the height, width, total square footage, proposed copy, method of construction and attachment, method of illumination and description of all electrical equipment, sign materials and colors, and at least one image showing the location of the proposed sign and its relationship to either the building to which it is to be mounted or the surrounding lot if it is a ground sign. g) The total area and number of all signs by type on the subject property both before and after the installation of the proposed sign. h) For temporary signs, applications must be accompanied by a signed, written statement acknowledging the ordinance requirements governing the duration of time during which the sign may be displayed. i) Such other information as the city may require to ensure compliance with this section and any other applicable laws. 3. Application process and review procedure. It shall be the duty of the planning community development departmcnt direetor, upon the filing of an application for a sign permit, to examine the application for compliance with the requirements of this section and, if deemed necessary by the planning eommanity development director, to inspect the premises upon which the proposed sign is to be erected. If the application is complete and the proposed sign is in compliance with all the requirements of this section, and any other applicable laws, the following actions shall be taken: a) If the application is for a permanent sign that conforms to an approved comprehensive sign plan that applies to the property upon which it is to be located, or for a permanent or temporary sign that adheres to the requirements of this Code, the planmiag-community development director may issue a permit. b) If an application for approval of a comprehensive sign plan pursuant to subsection (i) Comprehensive sign plans f- his --se lion is submitted with a development application subject to planning commission review and city council approval, the planning community development director shall review the application and make a recommendation to the planning commission prior to issuing a permit. c) Except for applications for approval of a comprehensive sign plan, applications -shall -he d apptaved unless -an extension of titrto foi-review is gran#ed; hi wr-i#ing h3 the applicant. Any decision of the pl a,.,, ing community development director may be appealed to the board of adjustment and appeals. d) In the event that a permit is issued but the sign authorized by the permit is not placed, erected, altered or relocated within six months after the issuance of the permit, the permit shall expire and be null and void. e) Design review criteria. Signs shall meet the following criteria: 1. Any signage affixed to a building shall be dimensioned and located in such a manner that it fits the building's architectural features and proportions. 2. All signs shall be designed to fit the zoning and character of the surrounding area. Special consideration should be made where proposed signage is located on or adjacent to locally identified historic structures or publicly owned recreation and conservancy areas. Signage in planed unit developments, or in developments seeking comprehensive sign plans, shall conform to the planned or existing dominant architectural theme of the area. Signage in or abutting residential properties should be designed and located so as not to create a nuisance. When applicable, signage shall conform to the Lake Elmo Design Guidelines and Standards Manual. 3. Signs illuminated by lights shall be positioned in such a manner that none of the light spills over onto an adjourning property or glares or shines into the eyes of motorists or pedestrians. All signs must conform to the sign illumination standards in subsection (f)(7) of this section and LEC 105.04.050. 4. Tthe base of all permanent ground signs must be landscaped. Landscape plantings or other landscape materials will shall -not be considered as part of the allowable signage. f) General sign regulations. This section pertains to all signs erected in the city. Additional regulations may apply based on sign type and zoning district in which the sign is to be displayed. Whenever regulations conflict anywhere within this section or with any other applicable rule or regulation, unless expressly stated otherwise, the more restrictive provision shall control. 1. Surface area calculation. The sign surface area shall be calculated based on the area within the smallest single continuous rectilinear perimeter of not more than eight straight lines encompassing all elements of the actual sign face including any writing, representation, emblems or any figure or similar character together with any material forming an integral part of the display or forming the backing surface or background on which the message or symbols are displayed, but excluding any support structure. For a sign painted on or applied to a building, the area shall be considered to include all lettering, wording and accompanying design or symbols, together with any background of a different color than the natural color, or finish material of the building. Area of signs displaying copy on two parallel, back-to-back faces not separated by more than 12 inches shall be calculated with reference to a single face only. 2. Sign location, placement and setback requirements. Except as provided elsewhere in this section, all signs shall be subject to the following requirements: a) Limitations based on building setbacks. 1. Except as provided in paragraph si bseetio:�� Jb below e th-is s®often, no part of any permanent or temporary sign shall extend over a property line. 2. Where buildings are lawfully permitted to exist on the property line, a permanent sign attached to a building may project not more than six feet over the abutting public sidewalk or right-of-way, provided that the bottom of the sign components are located no less than eight feet above the ground immediately beneath such sign. No sign may project over adjacent private property. Any ground sign shall be located on the premises unless it is an authorized temporary sign for which a valid permit is in effect. b) Signs on public property. No sign shall be located within or across any public right-of-way, or on any public property, easement, or utility pole, except for: 1. A sign erected by, or required by, a government agency or temporarily erected to protect the health and safety of the general public; 2. A sign erected in conformity with uaragrauh subsee or4f)(2)-fal-.12),of this section; 3. Subdivision identification signs, provided an encroachment and4ieense agreement is obtained from the appropriate jurisdiction if the sign is located within the public ram► 1►t-of-w�; 4. Directional signs to religious institutions, schools, parks and public buildings within the city not to exceed four square feet subject to the approval of the road authority. Not more than three directional signs are allowed for each building location. c) Safety of motorists and non -motorists. 1. No sign shall be erected or maintained at any location whereby reason of its position, wording, illumination, size, shape, or color it may obstruct, impair, obscure the vision of road users, or otherwise obstruct, interfere with the view of, or be confused with, any authorized traffic control sign, signal or device. 2. No ground sign, with the exception of govermment signs, may be placed within ten feet of a fire hydrant, within 15 feet of a crosswalk, or within 15 feet of the intersection of any circulation lane, roundabout, driveway or alley. 3. No sign exceeding a height of 30 inches may be placed within the vision triangle as defined in LEC 1.04 08. 4. No sign or structural components shall obstruct passage on a sidewalk or walkway. d) Additional regulations pertaining to placement of all signs. Except for a sign erected by, or required by, a government agency or temporarily erected to protect the health and safety of the general public: 1. No sign shall be attached to a fence, tree, shnibbery, utility pole or like items on either public or private property, and no sign shall obstruct or obscure primary signs on adjacent premises. 2. No sign shall extend beyond the perimeter of a permanent structure or obstruct any window, door, fire escape, ventilation shaft or other area that is required to remain unobstructed by an applicable building code. 3. No sign shall be mounted upon any roof of any building or structure. e) Americans with Ddisabilities Act compliance. Sign placement shall meet all Americans with Disabilities Act (ADA) requirements. Construction and structural requirements. Every sign ethor supports -shall be constructed of such material and with such workmanship as to be safe. Every sign shall be designed and constructed in conformity with the applicable provisions of the state building code and shall be free of any exposed extra bracing, angle iron, guy wire or cables. The base or support of all permanent ground signs shall be securely anchored to an appropriately designed concrete base or footing per the state building code. 4. Load requirements. All signs and other advertising structures shall be designed and constructed to meet all load requirements according to all applicable regulations in the state building code. Installation. All signs shall be property properly secured, supported and braced. No sign or any part thereof, or anchor, brace, or guy wire shall be attached, fastened or anchored to any fire escape, fire ladder or standpipe, and no sign or any part thereof, or anchor, brace or guy wire shall be erected or maintained which may cover or obstruct any door, doorway, or window of any building or which may hinder or prevent ingress or egress through such door, doorway or window, or which may lender or prevent the raising or placing of ladders against such building in the event of fire. All signs or attention -attracting objects deviees shall be free of projections that could cause injury to a pedestrian and shall be installed in such a manner to avoid obstruction of a public sidewalk or street or portion thereof. 6. Maintenance. All signs, including nonconforming signs, and sign structures shall be maintained to preserve the appearance and structural integrity substantially identical to the new condition of the sign. 7. Sign illumination. All illuminated signs shall comply with LEC 105.04,050 (Lighting, Glare Control and Exterior Lighting Standards) and the following requirements: a) Electrical permit. All signs in which electrical wiring and cormections to be used shall comply with all applicable provisions of the state electrical code. b) Voltage displayed. The voltage of any electrical apparatus used in conjunction with a sign shall be conspicuously noted on that apparatus. In addition, all electrical signs shall bear the label of approval of a recognized testing laboratory and be equipped with a watertight safety switch that is located where the electrical supply enters the sign. c) External illumination. All external lighting fixtures shall be steady, stationary, firlly shielded and directed solely onto the sign, and shall use lighting designed to minimize light spill and glare. Lighting sources shall not be directly visible or cause glare to adjacent public rights -of -way or adjacent private property. d) Internal illumination. Internally illuminated signs shall permit light to shine fully through only the lettering and graphic elements of the sign. The background for such lettering and graphics shall be opaque or translucent and shall transmit light at a level substantially less than that transmitted through the lettering and graphics. If the contrast between the lettering or graphic elements and background does not permit adequate legibility, a translucent white boarder of up to one inch in width may be placed around said lettering or graphic elements. e) Brightness limitation. Except for daytime displays on electronic variable message signs, in no instance shall the lighting intensity of any illuminated sign exceed: 1. Three footcandles at the front lot line and one footeandle at all other lot lines, measured three feet above the surface of the ground. 2. 50 footcandles measured perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign. f) Glare. All artificial illumination shall be so designed, located, shielded and directed so as to prevent the casting of glare or direct light up adjacent public right-of-way or surrounding property. g) Reflectors and lights. Gooseneck and similar reflectors and lights shall be permitted on ground and wall signs; provided, however, the reflectors and lights shall concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. It shall be unlawful to maintain any sign which is wholly or partially illuminated by floodlights or spotlights, unless such lights are completely concealed from view from the public right-of-way, 8. Motion as a component of a sign. No sign shall have any flashing, scintillating, moving or blinking lights or rotating beacons, whether operated by electronic or mechanical means or wind driven, nor shall any floodlight, spotlight, or beacon utilize such actions to illuminate a sign. In addition, no beam of light shall be projected through a mechanism which periodically changes the color of the light reaching the sign. 9. Attention -attracting objects. The use of any attention -attracting object, as defined in this Section, shall be allowed only as a temporary sign in conjunction with a special event permit, not to exceed ten days per issuance. No permit shall be granted for any premises more than four times in any calendar year; or more than once in any three-month period. 10. Resemblance to traffic signs. No sign shall contain or resemble any sign resembling in size, shape, message, or color any traffic control devices compliant with the Minnesota State Manual on Uniform Traffic Control Devices. g) Limitations according to the type of land use and zoning district. Unless exempt under paragraph (k) of this section or as expressly provided elsewhere, no permanent or temporary signs shall be displayed except in conformity with the following regulations as they correspond to the type of land use and districts in which the sign is to be displayed. 1. Residential uses in residential districts. a) In connection with legal home occupations, a single sign tent -to -thee which does not exceed two square feet in area. Signs under this subsection shall be wall signs only. b) A residential condominium or multifamily apartment complex may display identification signs ' if the total acreage of the lot is one acre or more and the condominium or apartment includes eight or more units. One wall identification sign and one ground identification sign per street frontage may be displayed, with a maximum of two wall identification signs and two ground identification signs per lot. No identification sign shall exceed 32 square feet in area, and the maximum height is six feet above curb level for ground signs or is one story or 12 feet above curb level for wall signs, whichever is lower. For the purposes of this subsection, the term "lot," when used in reference to a condominium, means all property within the common interest community complex and not each unit. c) Subdivision identification signs. 1. Number. Each residential subdivision is allowed up to one subdivision identification sign per entrance to the subdivision. For the purposes of this section, residential subdivision shall include all phases of approved staged developments. 2. Location. Subdivision identification signs shall be located near entrances to the subdivision, except that one sign may be located along an abutting arterial or major collector roadway. 3. Size. The maximum size for a subdivision identification sign is 32 square feet at a subdivision's main entrance and 24 square feet for all other locations. The maximum height for a around identification sign► is six feet above curb level. 4. Setback. Subdivision identification signs and support structure shall maintain a setback of at least ten feet from any street right-of-way. Signs as well as support structures within a center island shall maintain a setback of at least five feet from the curb and are subject to regulations set forth by paragraph subsection (f)(2)2:-b e€-Ebis-seotien. Changeable copy signs, including electronic variable message signs, are not a permitted sign type for subdivision identification signage. 2. Institutional uses in or abutting residential districts. Nonresidential institutional uses located in or abattin residential district , located in residential districts may erect signs as follows: a) Wall and ground signs. Area and number. One wall sign and one ground sign per street frontage may be displayed, identifying the entity, with a maximum of two wall signs and two ground signs per lot. Additional wall or ground signs for wayfinding purposes may be permitted when the size of the lot, number of vehicular or pedestrian entrances, and layout of the buildings require additional signs in order to promote traffic and pedestrian safety. Signs under this subsection, whether displayed on a wall or on the ground, shall not exceed 12 square feet in area, except such signs may be increased in area by one square foot for each additional foot that the sign is set back more than 12 feet from a lot line. No sign under this section shall exceed 32 square feet in area. 2. Height. No identification wall sign shall project higher than one story, or 12 feet above curb level, whichever is lower. No an ountd sign shall project higher than six feet. b) Temporary signs. 3. Agricultural sales businesses. Stgnage related to agricultural sales business maybe erected as follows: a) On -premises signs, agricultural sales businesses. One or more on -premises signs may be erected on a property in conjunction with an operating agricultural sales business subject to the following renuirements and restrictions: 1. Agricultural sales businesses utilizing less than ten acres of land specifically for the growing of agricultural crops for the businesses are allowed one on - premises sign► not to exceed 32 gross square feet of advertising surface. 2. Agricultural sales businesses utilizing more than ten acres of land but less than 40 acres of land specitcalty for the growing of agricultural troops for the businesses are all up to two on -premises signrs not to exceed 4Zl gross square feet of total advertising surface, with no individual sign surface exceeding 32 square feet in size. 3. Agricultural sales businesses utilizing snore than 40 acres of land specifically for the.rowieeof a ricull:nral crops for the business are allowed up to three on -premises signs not to exceed 64 gross square feet of total advertising seerface, with no individual sig,t surface exceedin32 square feet in size. 4. Any illuminated sign shall be consistent with paragraph (f)(7) of this section and illuminated only during those hours when business is open to the public for conducting business. b) Ternnorary o%f-ureneises suns, agricultural safes businesses. Independent of the total allowable sign area for an individual property anywhere within the ci , a teinporary off -premises sign may be erected on a property in conjunction wide an operating a ricultursel sales business subject to tlee followieeg requirements and restrictions: 1. Maximum number. Ever a ricnitural sales business shall have no snore than three off„� f�re_mises signs at any given time to direct the public to the location of the business. 2. Time rame of use. TemiDorary off- remises siins Ina be erected for 45-da bane periods no more than four times in any g�iveu calendar year. The recJu_ired temporary sign permit shall stipulate the range of dates for each of the four allowable time periods in any given calendar ,y_ear. 3. Size and height. An off -premises agricultural sales advertising sign shall not exceed 50 square feet in area and shall not be taller than ten feet in height. 4. Setbacks. Offpremises 5igees shall be a minimum of 25 feet from all side property lines, and a minimum of 50 feet from other off -premises advertising signs. 5. Permission re wired. A Ifcants f'or off -premises signs shall acgnire permission from the property owner upon whose land the sign is to be erected. 4. Commercial, mixed -use, and industi4ai business park districts. a) —Wa11 signs. 1. Number. No buildjnp, occupant shall djsulay more than one wall sigee per street frontage except as provided below: a) One additional well se►gn may be displayed on a buildup with no front setback, provided that such si n�, is a flat sign that is either painted upon the building or does `rot extend oeety✓ard more than six inches oi, b) One additional wall sign may be displayed on single occupant buildings with a minimum lot width of 100 feet or, c) Up to three ancillary wall signs may be displaved on buildings measuring at least 100 feet in length along the front lot line. Anv ancillary sign displayed under this paragraph shall not exceed 50 percent of the net area or of the largest permitted wall sign displayed on that facade 'grs-e,:-end-� •mat ®whc nv� ::,f�lewall d) Lots having multiple street frontages. Commercial buildings occupying corner lots, or multiple frontages adjacent to more than mne public rn�hut-of--way, may display np to one additional bnilding- mounted sign for e:ncln additional frontage, provided that such additional sign may not exceed 50 percent of the area allowed by the pximary frontage and is oriented toward the additional frontage. Tor the purposes of this Section, the primary frontage shall be presumed to be the frontage upon which the main entrance to the bunldinag is located._Tl�e apulica_ -,_lei, however, nnay identify ;n different frontage as the primary frontage in order to maximize the effectiveness of the sAgna�e. e) Businesses not frontimm�to a street. Buildings without street ffrontage mgy have only one wall sign per business. 2. Surface area. The total permitted sign surface area of all wall signs on a facade shall not exceed one-4.5 sauare foot feet of signage for each lineal foot of bnildin,�fmntage tlxat is coterminous with the occauancy to which the si,�gn referee unless :n different annount allocated to the building occupant is identified in an approved comprehensive sign plan pursuant to subsection ti) of this section. In addition no individual wall sign shall exceed 100 sauare feet in area. b) Ground Signs/Director 1. Number. There shall be no more than one ground sign for each street on which the lot has frontage except one additional ground sign per lot frontage be allowed for any lot frontage over 1,000 linear feet. On lots where the number of businesses exceed the number of allowed groa►nd signs, a directory sign shall be used in lien of rnultiule ground srl wes. No single business or building occupant shall be allowed signage on both an individual ground sign and a ground directory sign on the same street frontage .,,O.p premises Lavin no principal building, there shall be no more than one ground si n t'or the premises. 2. Surface area. No ground sign shall exceed ten feet in height and 64 sgxnare feet in area. No directory sign shall excein area except as follows: a) Village Area. No ground sign shall exceed six feet in height and 32 sauare feet in area. No directory sign shall exceed 12 feet in heht and 30 sauare feet in area. b) Parcels abutting Hudson Boulevard. mNo round or directory saga shall exceed 30 feet in height and 250 sauare feet in area. Signs shall be within 100 feet of the property line abutting Houdson Boulevard. a) Cvoand4gm- b) Big ram. c) Avvx"xiag�j� d) `gal -signs. e) P tklg-signs. 0 Hinging -sigma J) �enipc�raay"signs: 5. Planned unit development districts. No permanent sign shall be displayed except a sign authorized by the city and included in the comprehensive sign plan pertaining to the development site. Temporary signs are permitted for commercial, institutional or industrial uses unless prohibited by the comprehensive sign plan. 6. Conservancies and parks. No sign shall be permitted in a city park or open space except those installed with permission by-dir-aet n of the RLtyLs public works director. o• o 2. �•. a �• ,a f @ P �� Vim• a o ¢ as• o o• 4 a wa a 3. a A illuminateda a C C a a > Ca C a C a^ f 0 0 a a 3 C s o• o :E a 11IMMIMUNWA-111 .,. 92• 5. I'errnissiera requ-iaed Applicanis fer offf prttr2rses srgrts shall-acquire-permissian h) Regulations Sign irastalXation standards pertaining to specific, sign type. Except as expressly provided elsewhere, signs shall meet the following regulations according to sign type: 1. Wall signs. a) Numbep.-Ne-building-oc-e-upan%sha-ll-displ"<)re4hax-one-wall-sign-per• stiwt-f--ontagu 1. ing-with iao ittaav c provided-that$uch-sigtris-a4lat--s-ign-that-is-either•-painted-upon-the-build-in"p4Ioes . ekes: a) Location. Wall signs shall be mounted parallel to building walls and only on a portion of an exterior wall that is coterminous with the occupancy to which the sign refers, unless a different location is identified in an approved comprehensive sign plan pursuant to subsection (i) of this section. No wall sign shall extend above or beyond the wall to which it is attached. b) Installation requirements. No wall sign shall cover or interrupt significant architectural elements such as columns, column caps, fi-iezes, door or window heads, embellishments, adornments, fenestration, or ornamental detailing on any building. All mounting brackets and other hardware used to affix a sign to a wall as well as all electrical service hardware and equipment shall be concealed by architectural elements of the building or the sign itself. 2. Ground signs. a a a •.e a e x o shall be 0 eund signage-on-bodi-aR4ndividual--gT- street b;grun4 ign shall exceed the size li ated in Table 5 3. y a) Type of sign. Any permanent ground sign shall be erected as a monument sign. Pole signs are prohibited unless the pole portion of the sign is enclosed in a shroud that causes the sign to appear to have a monolithic base or support stricture of any material measuring no less than one-third of the greatest width of the sign at any point or unless the height is no greater than three feet. This provision does not apply to signs erected on properties in a commercial, mixed -use, or business park district abutting Fludson Boulevard. leeated­set of `*'• Stree"tid-north-of-1--94. The base of the monument sign shall not exceed the width of the widest portion of the sign face by more than 25 percent. b) Location. Ground signs shall be placed with consideration for visibility, access, maintenance, and safety, consistent with the provisions of paragraph subseetion-(f)(2) of this section. Ground signs shall be located beyond required setbacks a distance equal to or greater than the height of the sign. If this is not possible, ground signs shall be located as far from required setback lines as possible. In no case shall a ground sign, as defined in this section, extend beyond a lot line of a property. A ground sign larger than six square feet shall be located no closer than 100 feet of another ground sign or the furthest distance possible from another ground sign, whichever distance is shorter. c) Height. 1. The height of a ground sign shall be measured from the approved grade at the base of the sign or the elevation of the street upon which the sign faces, whichever is lower, to the top of the highest attached component of the sign. 2. A ground sign shall be mounted on a base not to exceed four feet in height. 3. t411ewable height-ef-a�reund sign slrall bessei €orth in=Fables 3 P. T ;. e P P HUM c) Landscaping. Perennial plantings, grass or other landscaping features shall be incorporated around the base of all ground signs. d) Exempt or special purpose ground signs. The location of and maximum height and surface area of any other exempt or special-purpose ground sign expressly authorized by another section of this section, shall be as set forth in such other section. C- 3 C P P 6 P ; ItURCOM; OWN WWI Zoning D19tr4e i11D /1D DL' D(` DDa�B a . . � RA Dec G i� l�LG T,n �V 1 1 6�32 1 40'164 3. Window signs. a) Location. All window signs must be located inside an exterior window unless the sign is weatherproof and does not pose a danger from falling or being blown by the wind. Lettering or graphic elements that are directly mounted on a window shall not encroach upon the frame, mullions, or other supporting features of the glass. b) Permanent signs. When a sign is painted on or otherwise attached or applied to the window area in a permanent manner, then such a sign shall be included in the total allowable wall sign area for the building and shall not exceed 20 percent of the total ground -floor window area of the building, excluding the door windows. All permanent window signs which have their lettering or graphic elements directly on the glazing shall be painted, metal leafed, vinyl transferred, or in some other manner permanently applied to the interior side of the glass of an exterior building window or door. No application using a temporary adhesive shall be permitted unless the planning director determines the application to be reasonably safe. c) Temporary signs. Temporary window Ssigns ng�a e^�-n .d�Pe�a��s shall not exceed 30 percent of the total ground -floor window area of any building, excluding the door windows. Such signs must be displayed in conformance with the temporary sign regulations listed in paragraph subseetkm 0) of this section. d) Limitation. Under no circumstances shall any combination of permanent or temporary window signage cover more than 50 percent of the total ground floor window area of any building. 4. Changeable copy signs. a) Not an additional permitted sign type. Changeable copy signs are not an additional permitted sign type, but any permitted sign type may be a changeable copy sign, provided that the total surface area of the entire sign does not exceed the maximum allowed for the type and location of sign upon which the changeable copy is displayed. b) Electronic variable message signs. Any sign type may be an electronic variable message sign subject to the following regulations: 1. Surface area. The areas of electronic variable message signs capable of displaying copy shall not exceed 40 square feet and shall be included within the maximum aggregate sign surface area allowed for the type and location of sign upon which the changeable copy is displayed. 2. Location. Electronic variable message suns are not permitted in the Village Area. 3. Length of cycle. The electronic changeable copy or images shall not alternate, change, fade in, fade out, or otherwise change more frequently than once every ten seconds. Electronic variable message sign signs may not display scrolling, racing, pixelating or moving characters or images, or similar actions that convey motion. 4. ngea er enly with4ight--sop d- 4. Brightness adjustment. An electronic variable message sign shall be equipped with photosensitive equipment which automatically adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor illumination such that the light level does not exceed three footcandles at the front lot line and one footcandle at all other lot lines, measured three feet above the surface of the ground. 5. Maintenance. Any electronic variable message sign shall be maintained so as to be able to display messages in a complete and legible manner. 5. Canopy and awning signs. 41ie tt� �.d.x;. .Yg sib a rtrain3�trri-aroa o�r3y s l-si�Canopy and awning signs are subject to the following provisions: a) Surface area. The sign surface area of a canopy or awning sign shall not exceed 15 percent of the area of the vertical section of the canopies and awnings. The area of the vertical section of the canopies and awnings is calculated as the difference between the highest and lowest point on the canopy or awning multiplied by the length of the canopy or awning rxea The difference between the highest and lowest point shall be measured parallel to the facade upon which it is attached. b) Location. 1. Canopies and awnings shall be constructed and erected so that the lowest portion of the projecting frame thereof shall be not less than nine feet, and the lowest portion of the descending skirt shirt shall be not less than eight feet above the level of the sidewalk or public thoroughfare. 2. No portion of the canopy or awning sign shall extend above or beyond the canopy or awning upon which it is attached. However, a sign may be hung beneath a canopy parallel to the building frontage so long as it and its structural components are no less than eight feet above the ground immediately beneath the sign. Awnings shall not project more than 72 inches out from the building upon which they are attached, nor extend out from the building beyond the extension of the awnings on adjoining buildings. c) Installation requirements. To preserve the architectural integrity of a building, no canopy or awning, and no canopy or awning sign, shall cover or interrupt significant architectural elements such as columns, column caps, friezes, door or window heads, embellishments, adornments, fenestrations or ornamental detailing. d) Illumination. Sins on awnings and canopies may be illuminated where the following conditions are maintained: 1. Both interior type strip lighting and exterior type gooseneck lighting is permitted, not exceeding a maximum light level of 18 footcandles measured three feet from the perpendicular to the light source. 2. The bottom of any illuminated awning or canopy shall be enclosed. 3. The provisions of paragraph (f)(7) of this section are satisfied. e) Materials. Canopy and awning signs shall be made of either the material with which the canopy or awning is covered or other waterproof materials affixed flush to the face of the canopy or awning, or be painted directly on the awning or canopy material with weather - resistant paint. f) Snow load. It is found that snow and ice that accumulates on awnings can pose a danger to pedestrians. To ensure the safety of pedestrians, snow and ice shall be removed from awnings within a reasonable time period after an event of snow and ice accumulation. 6. Hanging signs. One sign up to six square feet in area may be suspended above a walkway near a primary building entrance so long as it and its structural components are no less than eight feet above the ground immediately beneath the sign. When a hanging sign is displayed ht lieu of a ground or peo_gecling sign, the square footage shall not count towards the maximum allowable area for a wall sign. 7. Projecting signs. A projecting sign may be displayed m lis a a a subject to the following restrictions: a) Maximum projection. The maximum distance a projecting sign may project is not more than 24 inches into the right-of-way. Subject to zoning setback limitations, a projecting sign may project no more than six feet from the building face. b) Location. A building may have one projecting sign facing a street or on a corner of the building. c) Surface area. The permitted area of a projecting sign shall not exceed the square footage for the amount that would otherwise be allowed for a wall sign on the building. When a protecting s�r,,riot exceeding six square feet, is displ�edan lieu of a ground sign, the square footage shall not count towards the maximum allowable area fora wall sign. d) Height. A projecting sign must vertically clear any pedestrian area by at least eight feet and vehicular ways by at least 14 feet. A projecting sign may extend to the juncture of the roof with the building wall or to the top of any parapet, but no projecting sign may extend above a second story. 8. Directional signs. On -premises directional signs may be placed on private property near driveway entrances, at building entrances, and in parking lots and loading areas where reasonably necessary. Each such sign shall be located on premises and shall adhere to the regulations pertaining to vision triangles and other setbacks as defined in subsection (f)(2) of this section. Such signage shall be considered exempt from the total signage calculation for the premises as long as all the following standards are met: a) Such signage does not serve an additional advertising purpose. b) There are no more than three four directional signs per lot, not including a maximum of one directional sign allowed per driveway entrance/exit. c) Surface area per sign does not exceed four square feet. d) Logos do not exceed two square feet in area per sign. e) Sign height does not exceed five feet above ground elevation at base of sign. 9. Flags and decorative banners. The following regulations apply to all flags and decorative banners: a) A minimum clearance of eight feet over pedestrian ways and 14 feet over vehicular areas. b) Maximum number of flagpoles for any lot is three. c) Maximum height of any flagpole is 50 feet. d) Maximum number of flags per lot is four. e) Maximum area of any flag shall be 40 square feet. f) Flags representing a private entity, including corporate or business flags, shall be included within the maximum sign area total for the site, as applied to the allowance for a ground sign, and shall require a sign permit. i) Comprehensive sign plans. 1. Purpose. Multi -tenant developments such as shopping malls, due to the varying occupants' needs for signage and the potential for unique architecture and placement of different occupancies as they relate to street frontages, can create challenges to the applicability of sign regulations and the fair distribution of permitted square footage for occupants. 'Phis section is intended to define how signage permitted under this Section E®de will be distributed among the different occupancies available in the development. The comprehensive sign plan shall create visual harmony between the signs, buildings, and building site through unique and exceptional use of materials, design, color, and lighting, and other design elements; and shall result in signs of appropriate scale and character to the uses and buildings on the lot as well as adjacent buildings, structures and uses. 2. Applicability. A comprehensive sign plan shall be required of an applicant for all planned unit developments and commercial or industrial multi -tenant developments where different occupancies will compete for permitted square footage on a single lot. 3. Submission requirements. An application for comprehensive sign plan approval shall be submitted to the planning community development director and shall include: a) A site plan, dimensioned, showing the location of the buildings, structures, parking areas, driveways, and landscaped areas on the lot upon which the proposed sign is to be attached or erected. b) A table or tables containing: 1. Computation of the maximum total sign area. 2. Maximum area for individual signs. 3. Height and number of ground signs. 4. Statement of the maximum total sign area and maximum number of signs permitted on the site by this section. c) An accurate indication on the site plan of the location and orientation of each sign for which a permit is currently being requested, the anticipated location of future signs requiring a permit, and the location of all reasonably anticipated temporary signs. d) A description and illustration of the following may be required: 1. Colors and materials to be used in sign construction. 2. Style of lettering for all signs. 3. Appearance/location of logos or icons. 4. Location of each sign on the buildings, with building elevations if necessary. 5. All sign proportions. 6. Types of illumination. 4. Amendment. A comprehensive sign plan may be amended by filing a new comprehensive sign plan, in conformance with the requirements of the sign ordinance in effect at the time, and obtaining approval of the Ong conrmnnity develoument director. 5. Binding effect. a) After approval of a comprehensive sign plan, no permanent sign shall be erected, placed, painted, or maintained by the property owner or any buyer, tenant, occ____uRant4 subtenant, assignee, employee, agent or other party in use of the subject property except in conformance with such plan without obtaining a sign permit and in conformance with the comprehensive sign plan. b) If the city council has approved a comprehensive sign plan with flexible criteria, the planning- community development director is authorized to approve, through the standard sign permit approval process, sign applications in conformance with the comprehensive sign plan, but only to the extent that the application is in conformance with the comprehensive sign plan. c) The terms and conditions of an approved comprehensive sign plan shall have the same force and effect and be enforced in the same manner as any other provision of this section. j) Temporary signs. 1. General requirements. Temporary signs shall conform to the following standards: a) Permit required. No temporary sign may be displayed without a valid temporary sign permit or portable sign permit. b) Sign type. Temporary signs may include any sign type permitted by this section. c) Number. No more than two temporary signs may be displayed on a lot at any time. d) Surface area. The maximum area of all temporary signs displayed shall be a combined total of eight square feet if displayed for ten days or longer. e) Location. FeamperaYy signs shall be l r open flue--pr-®triises-to svltioh-tfie--special Y•gn�y-0%_lY.0 i4 a 4 •{ .{ k fie. 1 :n 1.. NO temporary sign may be placed off -premises except as otherwise provided elsewhere in this section. f) Duration. No temporary sign permit shall be issued to erect or maintain any temporary si na e for period exceeding 21 da g g 1> g Y, { ^t tc ...h:^h the .. .. ..{ •., h• h first. A permit for temporary sign or signs shall be granted no more than four times in any calendar year and only once every three months. g) Installation requirements. All temporary signs shall be constructed, anchored and supported in a manner which reasonably prevents the possibility of such signs becoming hazards to the public health and safety as determined by the plarYning—community development -director. a) LC^ G. "L. L• 0 L L L B s L e m a La•- L o _ c• L F L .. L. e) frem-thc--date-the-business-opened,-cbRagedn mes-,�ership. 2. Portable signs. In addition to the general requirements pertaining to temporary signs, the following standards pertain to portable signs: a) Permit required. A sign permit shall be issued on an ammal basis before a stationary portable sign may be erected. Such permit shall only be valid during the calendar year during which it is issued. b) Construction. A sign shall be manufactured to a professional standard of construction, finish and graphics. A portable sign shall be freestanding, self -supported and constricted of substantial materials such as wood, metal or plastic such that the sign will reasonably withstand the elements. c) Size and design regulations. 1. A portable sign shall not exceed six square feet in surface area per side, with a maximum of two signable sides or faces. 2. The sign shall not exceed three feet measured at the widest point of the sign face. 3. Any portion of the sign's face used for a chalk or dry -erase board shall not exceed 50 percent of the total sign face surface area. d) Number. One portable sign may be displayed per business or occupant in any commercial or industrial area or planned unit development. e) Location. A portable sign is restricted to the lot of the business establishment to which a permit has been issued, except such a sign may be located in the public right-of-way in front of the premises only where no front setback is required. I) Placement. A portable sign shall: I. Ile placed only along sidewalks where a minimum five -foot -wide clear sidewalk is maintained. In no event shall a portable sign be placed on any bicycle path. The placement, of a portable sign shall not obstruct access to any crosswalk, mailbox, curb cut, fire hydrant, fire escape, fire door, building entrance, public parking space or any other public property, nor shall a sign obstruct the ability of persons to exit/enter vehicles parked along the curb; 2. Not be attached, chained or in any manner affixed to public property including street trees, utility poles or sign posts; 3. Not obstruct the clear view of any traffic signal, regulatory sign or street sign; 4. Not be located closer than ten feet to any other portable sign; 5. Not be located directly adjacent to a bus step or transit vehicle slop or station, shall not obstruct sight lines of road users, nor be placed less than 25 feet from a street intersection or 15 feet from a crosswalk; 6. Not be placed in such a way as to interfere with snowplowing of the streets; 7. Be maintained free of snow, be placed on solid ground at all times and shall not be placed on top of snow banks. g) Illumination. A portable sign shall not be illuminated h) Time limitations and removal. A portable sign may be displayed only during business hours. Such sign must be removed and safely stored out of view during times when the business is not open to the public. Trailers or other vehicles that are not used principally as a sign may be parked on the lot when the business is not open to the public. i) Enforcement. Portable signs located within the public right-of-way are a privilege and not a right. The city in permitting placement of such signs in the public right-of-way reserves the right to require their removal at any time because of anticipated or unanticipated problems or conflicts. To the extent possible, the permittee shall be given prior notice of any time period during which, or location at which, the placement of portable signs within the public right -of --way is prohibited. Furthermore, the sign permit may be revoked by the planning -community development -director following notice to the permittee. The permit may be revoked if one or more conditions outlined in this section have been violated, or if the sign is determined to constitute a public nuisance not specifically outlined in this section. Following the revocation of the sign permit, no application for the same site shall be filed within 180 days from the date of revocation. The permittee has a right to appeal the decision of the planning-conantunity development -director within 30 days of issuance of a revocation notice pursuant to paragraph 43sec4ien (n)(2) of this section. j) Indemnification. 'Where a temporary or a, portable sign is permitted in the public right-of- way, the owner, lessee or lessor of the business to which a permit has been issued and the property owner shall agree in writing to fully indemnify, defend, and hold the city harmless for any personal injury or property damage resulting from the existence or operation of said sign, and shall furnish evidence of general liability insurance in the amount of $1,500,000 $60:000 00 with the city as additional named insured or provide other security to the satisfaction of the city administrator. k) Permit renewal. The permit for a portable sign must be renewed annually prior to January 1 of each year. k) Signs exempt from permit. Consistent with the purpose and scope of this section, the city recognizes that certain temporary, necessary, or limited -purpose signs should be lawfully displayed without the need to obtain a permit and should not count as part of the specific sign area allowed to be displayed on a particular property. All signs exempt from permit requirements must, nonetheless, adhere to all other applicable sections of this section and all other applicable state and federal regulations. The city finds that the following signs may be displayed without a permit: 1. Address and nameplates. Address and name plates not exceeding three square feet in area 2. Athletic field signage. Signs, barriers, and scoreboards designed solely for view from spectator areas and displayed on interior walls, fences, or other structures located inside an enclosed athletic field at a school, park, or otherpublic or private athletic complex. Approval of the park commission shall be required to display a sign, banner, or scoreboard under this subsection at a city park. 3. Awning signage. Signs displayed on awnings located on commercial or industrial buildings, provided that the signs are displayed on the lowest 12 inches of the principal face or side panels of awnings and, provided that they do not exceed six inches in height. -r. ci�y'roigiv�vnYsc�p"'riipert�czzj :rig-Frsi'r'rEl}y-piOlDvrsy-izrn-a.x.,.... �»..... ........ 4. Eenstruetian Ssigns on construction sites. Such signs may only be placed on the property where construction work is in progress, shall not be erected prior to the beginning of work for which a valid building permit has been issued, and shall be removed within ten days of completion of work or the expiration of the building permit, whichever is sooner. Construction s5igns on parcels under construction in residential zones or in parks uses shall not exceed 32 square feet per street frontage. Cons rueti is: Sign ore parcels corder construction in area-fer• commercial, industrial, multifamily, or planned unit development uses on parcels less than 100,000 square feet shall not exceed 64 square feet per street frontage; and on parcels greater than 100,000 square feet shall not exceed 96 square feet per street frontage. Square footage must be divided. 5. Flags. Flags that comply with the provisions of subsection (h)(9) of this section. 6. 4; �JaW& c-sae Temporary signs during a garage or estate sale. Signs on pro eop roes having a garage nr an estate sale ale shall not exceed four square feet in rea, shall not be displayed for a period of time more than 72 consecutive hours and may be displayed no more than twice in any one calendar year. Up to three ns ef-Atargarnge sae signs may be displayed per event, two of which may be displayed off -premises, but not in the public right-of-way. Any such sign placed on private property must have the consent of the property owner on whose property such sign is displayed. 7. Government signs, including tragic or official public hearing notice signs. Such signs are placed, authorized, or required by the city or other authorized governmental agency. The requirements for maximum area, height, setback, or other size, materials or physical specifications shall be as required by law or the authorizing agency. 8. Holiday and temporary decorations. Holiday or temporary decorations when located on private property, or with the approval of the city if on public property. In addition, any sign in the nature of a decoration, identification or direction, incidentally and customarily associated with any national or religious holiday or any civic festival, fair or similar gathering, held during a period of ten days or less in any year, provided such sign shall not differ substantially from the requirements set forth in this section. tairu depict any eernmarcial symbol or character 9. Rome­eec-ulxat' o.Signs on properties with_a home egEgpation. One sSigns-on a property -with a home occr Patios is permitted: --identifying-only4he name-and-ec-eupat-ieu o the-res'ident: Ileme eeeupation-signs The sign shall be non -illuminated, flush -mounted to a wall of the residence, and shall not exceed two square feet in area. 10. Memorial signs. Any m nc ercie'. c:g : i t'..e .w* re cf cornerstone, commemorative, or historical tablet or landmark designation plaque. 11. Menu signs. Menu signs up to 55 square feet in area and six feet in height, provided they are located within 15 feet of the commercial building with which they are associated or advertise and in a manner such that the copy is not readily viewable from the public right-of-way or a residential occupancy on an adjacent lot. 12. Noncommercial messages. One sign per parcel per street frontage carrying any lawful noncommercial message not exceeding 12 square feet in area. Any other permitted commercial sign may be substituted for a noncommercial message but will count toward the total signage type and area for the parcel upon which it is located. Hand-held signs carrying noncommercial messages are not subject to any size limitation so long as they are held by and under the physical control of a person during all times they are on display. 13. Parking lot regulation signs. Iakin"-jigns in jarlcing_lots not exceeding nine square feet and having a minimum setback of ten feet. 14. Parking lot directional signs. Parking lot sSigus must comply with the provisions of subsection (h)(8) of this section. 1� n r •• r + « rs; n r • t t ,...,f t,..n t„ a t,., s..... ai'iesixg-ern.-i.�j�-u Ica-iti�-CvrFiiig iv�zru v:irgris�ma>-i�vas-re<Iciii'c�v�amo. are awwed C C•. 3 d 'L e 0 L^ LL C L L E 0 L 46-Real-estate sSigns on residential properties that are for sale or rent advver-tsiag-ramidentical Signs located on these premises may not be placed above the top of the lowest level of the building. "l-:,igia-authoFizo AE14�8i°t.%3ed. a) For lots for sale or rental containing less than four dwelling emits within one residential structure, one non -illuminated sign up to six square feet per unit may be displayed to .7. u(TYG�..it:so 1lieJale �'feill4T..C11 FtHo t13�r�VI': C)1-Yuu-prVlilijCi� b) For lots for sale or rental whereat least four but less than 16 dwelling units are contained within one residential structure, one non -illuminated feat -estate sign up to 12 square feet may be displayed to-'advertiso-the- sale, -or-romal-of-ih hereo€ c) For lots for sale or rental where 16 or more dwelling units are contained within one residential structure, one non -illuminated foal -estate sign up to 32 square feet may be displayed to idvertiso-thesale-or-rentalafthe-premises-or-anydart-thor€of-: d) Up to two directional signs direeting-tra ffie-to-open houses, each sign no more than six square feet in area, may be installed off property after obtaining the consent of the property owner on whose property such sign is to be displayed. These signs may not be located in the public right-of-way. These off -premises property directional signs may-bo displayed must be a self- supporting type of sign. 1 1 Real-estate &Signs on -advertising single occupant commercial property that is for sale or rental. For lots that are for sale or rent that are less than five acres, one non -illuminated focal-e� sign up to 12 square feet in area may be displayed. For larger lots that are for sale or rent, one non - illuminated foal--estato sign up to 32 square feet in area may be displayed. All-signs-authofized trader--this-subseetien-shall-be-remer=ed-svithin-ton-days-ef-tlie-salesr-r--€natal-of-tlie"eerrpm®rsi-al-unit bei:rg�se=�.. a :., r 18. Deal­e&t &Signs ora nonresidential grouped development or multi -tenant buildings-at,!vertising For each property containing a group development or multi -tenant building containing nonresidential land uses, a maximum of two signs, one per each nonresidential street frontage, may be displayed up to a maximum of 32 square feet in area. 19. Real-c vtatice , sSubdivision signs. For each real --estate subdivision that has been approved in accordance with the city subdivision regulations, a maximum of two temporary development projoet4dentifieaztion signs may be located on a some portion of the subject subdivision. Each such sign shall be not more than 32 square feet in area. One additional similar sign shall be permitted for each 100 lots in the subdivision in excess of 100 lots. These signs may be displayed until a time at which building permits have been issued for 80 percent of the lots in the subdivision. Signs advertising -sale er-lease-a€te thi&-seetion 20. Temporary notices. Leaflet -type notices flat -mounted to kiosks or public information boards 21. Utility company signs. Signs that serve as an aid to public safety or that show the location of facilities such as public telephones and underground cables only to the extent necessary to accomplish those goals. 22. Window signs, temporary. Signs and displays that are of a temporary nature such as for advertising sales and specials and that do not cover more than 30 percent of the total ground -floor window area of any building, excluding the door windows. Merchandise and pictures or models of products or services incorporated in a window display are not considered signs. Any sign placed on the outside of a window requires a sign permit unless the sign is weatherproof and does not pose a danger from falling or being blown by the wind. 23. Window or wall signs not readable off -premises. Window or wall signs not exceeding two square feet in area with lettering not exceeding three inches high designed to provide information to persons on the premises such as hours of operation, or sample restaurant menu. Where no front yard setback exists, such signs as would generally be unreadable off premises where minimum setback regulations apply shall qualify for this exemption notwithstanding that such signs are readable from the public right-of-way. Such signs shall not be counted toward total permitted signage. 24. Sims on vehicles. Sims of any size on vehicles traveling to or lawfully parked on an operating and insured vehicles,_c_onstruction trailers or equipment which are tem�aorarily parked on apermitted construction site, or primary business location. 1) Prohibited signs. The following signs are expressly prohibited in the city: 1. Abandoned signs or signs on vacated or abandoned buildie„ggs. 2. Off -premises signs, except as expressly allowed under this section. 3. Inflatable signs. a) Rationale. Inflatable signs shall be prohibited because they are generally more distracting and hazardous to pedestrian traffic safety, tend to have an anchoring device that is less reliable under wind pressure, and out of scale and less compatible with surrounding structures and signs. b) The following inflatable devices shall not be considered a sign: 1. Registered hot air balloons in use and momentarily moored but not being used primarily as a sign. 2. Novelty type balloons less than two feet in diameter and less than three feet in any dimension tethered or moored no more than ten feet above the ground. 3. Inflatable holiday or other decorations displayed temporarily on private property, that do not contain any commercial message-ev-lego- sy mbel-&�r•, and that do not exceed 15 feet in height. 4. Signs attached to any public utility pole or structure, street tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property except as otherwise expressly permitted under this section. 5. Signs that interfere with the safe operation of official traffic control devices. 6. Signs that emit sound. 7. Signs anchored by guy wires, chains, cables, or similar devices that project down to the ground or in any way which create an unsafe condition for pedestrians or motorists. 8. Signs placed on vehicles or trailers which are parked or located for the �►rimaxypurpose of displsrvin� said signs (this does not apply to uermitled portaule signs or_lettering on buses, taxis, or vehicles operating during the normal course of business . 9. Signs imitating or resembling official traffic or public safety signs or signals in shape, size, or color. 10. Billboards. 11. Hoof signs. 12. Beacons, unless authorized for use by the city or any other governmental entity in the exercise of official goverment business and authority. m) Legal nonconforming signs. Any legal nonconforming sign may continue to be displayed or replaced consistent with LEC 105.12.340 through LEC 105.12.350. n) Variances and appeals. Variances. It is recognized that circumstances may exist from time to time where strict application of the size, location and type of sign standards hereinafter specified for the various zoning districts may be rmreasonable or where literal enforcement of the regulations may work an unnecessary hardship on the applicant. Variations from the standards are, therefore, permitted by issuance of a variance by the city council upon recommendation of the planning commission that such extenuating circumstances exist. Variances shall be considered according to the provisions of LEC 105.12.320, 2. Appeals. An applicant may appeal any decision of the planning -community -development -director to the board of adjustment and appeals according to the provisions of LEC 3.08.100, o) Violations. 1. It shall be unlawful and a violation of this section for any person to maintain any prohibited sign, to perform or order the performance of any act prohibited by this section, or to fail to perform any act which is required by the provisions of this section. In the case of any such violation, each 24- hour period in which such violation exists shall constitute a separate violation. 2. Any and all signs, erected, altered, or maintained in violation of this section, or any of the clauses and provisions of the same, or in violation of any of the laws or ordinances of the city and/or the state, are, and each of them is declared to be, a public nuisance and subject to enforcement. Any such signs are erected, altered or maintained contrary to law shall be abated as a einianon nuisance by the planning-codirector. p) Penalty. Any person who shall fail to comply with any of the provisions of this section shall be subject to a penalty as prescribed by LEC 1.04.230. q) Enforcement. 1. If the planning comnrmrity development director or building official finds that any sign has been erected, altered, or is being maintained in violation of this section, or is in an mmsafe condition as to be a menace to the safety, health, or welfare of the public, he tlaev shall give written notice to the owner thereof of the person entitled to possession of the sign and the owner of the real estate upon which the sign is located. No notice shall be required for permitted temporary signs displayed in violation of time limitations prior to taking enforcement action. 2. Said letter shall notify the owner, or person entitled to possession of the sign, of the specific violation or violations and direct that alterations, repairs or removal, whichever may be applicable, be made to bring said violations in conformance with the terms and conditions of this section. 3. In the event the person so notified fails or neglects to comply with or conform to the requirements of such notice, the planning community deve12pment-director or building official may file an appropriate citation or complaint in an appropriate court of law or take whatever other legal action may be necessary to cause such sign to be altered or removed. If a sign is considered abandoned, the city, after notice, may remove such sign at the cost of the owner of the property upon which the sign sits. An invoice for such costs shall be sent to the property owner and, if not paid, shall be plaeed--on4he-ta re l-as-a-speeial ehsrge gcasoan u ...,S ^.-fl-.-ems 424o6rcertified to the county for collection with the property taxes. r) Severability. Iff any section subsection, sentence, clause, or phrase of this Section is fur any reason held to be invalid, such decision shall not affect the validitv of the remaining portions of this Section. The City Council hereby declares that it would have adopted this Section 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. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTIT 3. Adoption Date. This Ordinance 2024-13 was adopted on this 7' day of August, 2024 by a vote of Ayes and Nays. LAKE EE.LM/O/CITY CCODUNCIL Charles Cadenhead, Mayor ST: I lie ohnso V Clerk This Ordinance 2024-13 was published on the day of , 2024.