HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-007.1CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-
OPTIONA:
Offpremises signs for
agricultural sales businesses only
(Recommended by the
planning commission)
AN ORDINANCE TO AMEND GENERAL SIGN REGULATIONS
ection ltaoq. The City Council of the City of Lake Elmo hereby ordains that
Section 11.01 is hereby amended to add the following definitions:
"Off -premise sign" — a commercial speech sign which directs the attention of the public
to a business activity conducted or product sold or offered at a location not on the same
lot where such sign is located A sign located within an easement or other appurtenance
to a lot on which a business is located shall be deemed an off -premises sign.
"On -premise sign" — a sign which identifies or advertises an establishment, person,
activity goods products or services located on the premises where the sign is installed.
Section 2. The City Council of the City of Lake Elmo hereby ordains that Section
11.01 is hereby changed to amend the following definitions:
�'Sign'J[sc2] — 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.
Sh.all Hot inolude the United States flag Of an), govefemental flag pfeperly displayed in an
appFEWed He.
(Sign, Real Estate Development{1sG31" — 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 or agricultural entertainment
business. ° a period not to e)Eeeed 20 days out of a12 nth peried. Nsigfl pefmi!
fee is fe
i Off -premises agricultural sales signs shall be administered as temporary
signs subject to all removal requirements outlined in code.
"Sign Wayside Stand" — A sign located on a temporary structure or vehicle being used to
sell agricultural floricultural, or horticultural products.
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Section 3[Be41. The City Council of the City of Lake Elmo hereby ordains that
Section 151.115 outlining the purpose of the municipal sign code is hereby amended
to read as follows:
(A) The Lake Elmo Sin 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:
(1) Signs shall demonstrate a high standard of aesthetic character and
encourage the use of monument and individual letter -style signs,
(2) 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;
(3) Signs shall be proportioned to the size of and architecturally compatible
with the structures and other sins on the premises:
(4) Permanent signs shall only advertise on -premise businesses, services,
facilities, etc;
(5) Allow temporary business signs for grand openings and occasional sales
events and to allow temporary signs to advise the public of the seasonal
sale of agricultural and horticultural products in keeping with the City's
rural image without creating continuous visual clutter or traffic hazards
along streets or at intersections: and
(6) Signs shall be properly maintained.
(7) 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
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(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 1-ligh3yay
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 s4mificant underlying cause of traffic accidents.
(B) 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:
(1) The presence of permanent and temporary signage affects the rural image
of the Citv of Lake Elmo;
(2) Properly regulated signage can create an atmosphere of prosperity,
stimulate commercial activity, and consequently, lead to increased
employment and a healthier tax base;
(3) 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.
(4) 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.
WA
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Section 4iac51. The City Council of the City of Lake Elmo hereby ordains that
Section 151.118 subsection (B)(5) regarding temporary signs is hereby amended to
read as follows:
(B) (5) Temporary signs. Temporary signs may be allowed upon issuance of a
ep rmit for on -site advertising of special business events such as business
openings and closings, change in management, distfiet A4de shopping event y
sales events, or other special occasions. c f 15 days .,,....",,,,.,, No more than
four temporary sign permits may be issued in anv calendar year fora given
destination and each temporary sign permit shall run for 15 days. by -pest
ffefn the r`:4. Plannen The 1t. may gra..t a penii:4 to le ate signs-e�
Temporary sus shall be subject to the following regulations:
a Onlyone temporary sign shall be allowed per business or
event.
b Temporary signs shall not exceed 32 square feet in area and shall not be
taller than 10 feet in height.
Section 5isc61. The City Council of the City of Lake Elmo hereby ordains that
Section 151.119 subdivision (B) is hereby amended to read as follows:
Current Section 151.119, subdivision (13)(1) through (8) and its subdivisions are restated and
incorporated herein without change.
(9) Real estate development project advertising signs.
On premises real estate development project advertising signs may be used
if the following requirements are met:
1 Minimum Development Size:
L. Projects of 44oless than 25 acres which create ten or more
dwelling units are allowed I on -premises sign not to exceed
100 square feet of advertising surface-en4he-pfejec-t-site;
Lii. Projects of 26 through 50 acres which create ten or more
dwelling units are allowed 1 or 2 on -premises signs not to
exceed 200 aggregate square feet of advertising surface on
the project site; and
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3:iii. Projects over 50 acres which create ten or more dwelling
units are allowed 1, 2, or 3 on -premises signs not to exceed
200 aggregate square feet of advertising surface on the
project site.
2. On_premises sign requirementsinc7i:
b:i. No dimension shall exceed 25 feet exclusive of supporting
structures.
e:ii. The sign shall not remain a€teronce 90% of the lots in the
development have been issued building permits. 951 % of the
projeet is El-veleped.pe
4iii. The permit for the sign must be renewed annually by the
Council.
e.iv. All signs shall be bordered with a decorative material
compatible with the surrounding area.
€v. Any illuminated sign shall be illuminated only during those
hours when business is in operation or when the model
homes or other development are open for conducting
business.
(10) Agricultural sales advertising signs.
a. On-PremiseslaGsl On -premises agricultural sales advertising signs may
be used subject to the following requirements:
1 Acreage dedicated to agricultural production:
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;
viii. 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 neither sign exceeding 32 square
feet in size);
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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 exceeding 32 square feet in size);
2. On -premises sign requirements:
i. No dimension of any sign shall exceed 15 feet exclusive of
supporting structures.
ii. All signs shall be bordered with a decorative material
compatible with the surrounding area.
iii. Any illuminated sign shall be illuminated only uring those
hours when business is open to the public for conducting
business.
b. Off-premisesI[Bc91. An off -premises agricultural sales advertising sign
may be used if the following requirements are met:
1. Maximum Number. Every agricultural sales business shall have
no more than two off -premises signs at any given time to direct the
public to the location of the business.
2. Off. -premises sign requirements:
i An off -site agricultural sales advertising sign shall not exceed
50 square feet in area and shall not be taller than 10 feet in
height;
ii Off -premises signs shall be a minimum of 25' from all side
property lines, and a minimum of 50' from other off -
premises advertisingsigns;
igns;
iii Applicants for off -premises signs shall acquire permission
from the property owner upon who's land the sign is to be
erected.
3. Timeframe of use. Either one or two off -premises agricultural
sales advertising sign(s) may be erected for a 4541y time period
no more than four times in any given calendar Year. The required
yearly permit shall stipulate the range of dates for each of the four
allowable time periods.
(11) Wayside Stand sign[Boio] Temporary wayside stands permitted by code
may have one non -illuminated sign (exempt from permitting requirements)
not to exceed 32 gross square feet of advertising surface.
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(120)Window signs. No sign permit is required for window signage that does
not cover more than 1/3 of the total area of the window in which the sign is
displayed; and
(134-)No trespassing/no hunting signs. No trespassing and no hunting signs
shall be no larger than 2 square feet.
Section 6. Adoption Date
This ordinance shall become effective immediately upon adoption and publication in the
official newspaper of the City of Lake Elmo.
This Or�nance No. O0� was adopted on this ay of
vote of Ayes and 0 Nays.
Mayor Dean Johnston
ATTEST:
C I
Susan Hoyt
City Administrator
�a.
This Ordinance No. 00-7 was published on the day of_, 2008.
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