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HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-015CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.08-015 AN ORDINANCE REPEALING EXISTING SIGN CODE REGULATIONS AND ADOPTING NEW REGULATIONS TO GOVERN SIGNS IN ALL ZONING DISTRICTS IN THE CITY OF LAKE ELMO SECTION 1. 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 eliminate existing definitions as follows: goo - No - . /� ! I 1 I ♦ Ordinance 08-015 Council, 6-16-09 Ordinance 08-015 City Council 6-16.09 •. .. ,.- Mem- MWAR . �- .. , pg 3 Ordinance 08-015 City Council; 6-16-09 EgEviriFA , V 114.T _ _ 01 VT .. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title 1: 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. pg 4 Ordinance 08-015 City Council; 6-16-09 COMMERCLAL 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. -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. 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-permanentlyaffixed 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. M. Ordinance 08-015 City Council; 6-16-09 SIGN, DIRECTIONAL. 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"). SIGN, ELECTRONIC VARIABLE MESSAGE. A dynamic 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 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. SIGNILLUMINATION, 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. Ordinance 08-015 City Council 6-16-09 SIGNILLLUMINATION, INDIRECT. A sign whose light source is external to the sign and which casts its light onto the sign from some distance. SIGNILLUMINATION, REVERSELIT. 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. p9 7 Ordinance 08-015 Council: 6-16-09 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, WARNING. 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; Ordinance 08-015 City Council; 6-16-09 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; 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 enhance 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. Dynamic 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. Ordinance 08-015 City Council; 6-16-09 (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; (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 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.); pg 10 Ordinance 08-015 City Council' 6-?6-08 (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 timeframe(s) over which the sign(s) will be posted; (f) The permit fee; and (g) The following if applicable: 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; Ordinance 08-015 City Council; 6-16-09 (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. (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. pg 12 Ordinance 06-015 Council; 6-16-09 (D) Computations. (1) Sign Area Measurement. The area of a sign shall be computed by means of the smallest circle, rectangle or triangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any 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 containing sign copy, the sign area for both faces are counted toward the total allowed sign area. Poles, bases, and other supports shall not be included in the sign area calculation. (2) Sign Height Measurement Figure 1: Sign Area Measurement glo.CHANiNEU 1. LETTERS .1 I Width i � CIRCLE Area = 7rr2 J TRIANGLE Area = 1/2 (b * h) 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 d Height of sign from average grade to the sign top i SljN —midpoint of average grade pg 13 Ordinance 08-015 City Council,: 6-16-09 (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 Sign Area + Fall Sign Area + Windom, Sim 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. pg 14 Ordinance 08-015 City Council; 6-16-09 (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. A 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 fifty (50) square feet in size per surface. pg 15 Ordinance 08-015 Council; 6-16-09 (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. (fi) 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 fixture 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. pg 16 Ordinance 08-015 City Council' 6-16-09 (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 may 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 shall be single sided, not exceed a total of twenty-four (24) square feet in sign area, and not exceed a total of forty-eight (48) square feet inclusive of poles, bases, and other supports. pg 17 Ordinance 08-015 City Council; 6-16-09 (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. pg 18 Ordinance 08-015 Council., 6-16-09 P 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 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. pg 19 Ordinance 08-015 City Council; 6-16-09 (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. (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 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 strictures 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: pg 20 Ordinance 08-015 Council: 6-16-09 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; 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. pg 21 Ordinance 08-015 Council 6-16-09 (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. 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. ii. Freestanding signs in the Old Village Sign District shall not project higher than six (6) 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); P9 22 Ordinance 08-015 City Council; 6-16-09 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 one of 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) Permits. Signs in the I-94 District may be erected in conformance with sign regulations governing the underlying zoning district without additional approvals. Signs proposed to conform to the special standards established for the I-94 District shall only be authorized through approval of an interim use permit. pg 23 Ordinance 06-015 Council: 6-16-09 (c) 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. (d) 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. (e) 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. (f) 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 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. (g) Window Signs. Window signs in the I-94 district shall not cover more than 1/3 of the window area. (h) 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. (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 pg 24 Ordinance 08-015 City Council 6-16-09 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 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. pg 25 Ordinance 08-015 City Council; 6-16-09 (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. 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. Table h :. • Base Zoning Districts BP P Front Lot Line 5 5 5 5 1 5 1 5 1 5 1 5 I 1 1 1I I I 5 Side Lot Line 5 5 5 5 5 5 5 5 5 5 5 5 5 1 5 Rear Lot Line 5 5 5 5 5 1 5 5 5 10 10 10 10 10 5 Vehicular Access 5 5 5 5 5 1 5 5 5 15 15 15 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. pg 26 Ordinance 08-015 City Council: 6-16-09 (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. Table 2: ALLOWAKE WGN -KAE—A By ZONING �I Maximum sign area in square feet 0 Maximum total square footage of ALL sign surfaces A, RRj RI, R2, RE, OP [3] ;; 6 C 6 6 6 12 square feet R3 & R4 [3] 'i 4�, 12 C 12 12 12 24 square feet 1.0 square foot per lineal foot of GB, HB, CB, LB, BP, & PF [4] 30 45 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. p9 27 Ordinance 08-015 City Council; 6-16-09 (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. 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 6. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. P9 28 Ordinance 08-015 Council: 6-16-09 SECTION 7. Adoption Date This Ordinance No. 08-015 was adopted on this day of 2009, by a vote of L4 Ayes and _L Nays. Dean Johnston ATTEST: This Ordinance No 08-015 was published on the 0day of A k�,Lk5-i- 2009. pg 29 Exhibit A: Official Sign District Map — 1 yY .�'/ _ �•S E6 - —7 55TH $16T 47TH D "47TH _--..-7 .f r LILAC ; �;,.,...... MCDDNA6 `.. �TaaT H' 01 N 13jr i 43I D f= 44T' .. U > Y r — 4DTH 39TH t B — t �Lr . 32ND Ei...__.:...._ .�...._ _ i,, g g0 07_._ 27TH 25TH _ - .4 Hr _ / -.� ZAW Legend r =1 11 Old Village Sign District -` ' z sr a z2ND - Lake Elmo Boundary zDTH o