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HomeMy WebLinkAboutOrdinance 679 . . . ."J Jl ORDINANCE NO. 679 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1008 OF THE OF THE MOUNDS VIEW MUNICIPAL CODE, ENTITLED "SIGNS AND BILLBOARDS" WHEREAS, this ordinance is intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective communications including business identification; and, WHEREAS, the City of Mounds View finds it is necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of signs be controlled; and, WHEREAS, the Mounds View City Council makes the following findings of fact: 1. Permanent and temporary signs have a direct impact on and relationship to the image of the community. 2. The manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community. 3. An opportunity for viable identification of community businesses and institutions must be established. 4. The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers. 5. Installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective fire-fighting and other emergency service. 6. Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and thereby undermine economic value and growth. 7, Uncontrolled and unlimited signs, particularly temporary signs which are commonly located within or adjacent to public right-of-way or are located at driveway/street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information. e . e 4 Ordinance 679 Ap~i118, 2001 8. Commercial signs are generally incompatible with residential uses and should be strictly limited in residential zoning districts. 9. The right to express noncommercial opinions in any zoning district must be protected, subject to reasonable restrictions on size, height, location and number. NOW, THEREFORE, based on the above findings offact, THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Chapter 1008 of the Mounds View Municipal Code is hereby amended with additions underlined and deletions struck out to read as follows: [The remainder of this page left intentionally blank.] Page 2 . . . Ordinance 679 AVril 18, 2001 SECTION: 1008.01: 1008.02 G+: 1008.0300-: 1008.0400.: 1008.05 G4: 1008.06 ~: 1008.07 Ge: 1008.08 G+: 1008.099&: 1008.10: 1008.11: 1008.12 1008.13 1008.1400: 1008.15 W: 1008.16 ++: CHAPTER 1008 SIGNS AND BILLBOARDS Purpose Definitions Building Permit Required; Exceptions Application for Permit Permit Fees; Waiver Issuance of Permit; Conditions Sign Installer's License Provisions Maintenance of Premises General Location, Design and Construction Standards Specific Sign Type Standards And Requirements Miscellaneous Signage Requirements And Provisions Prohibited Signs Nonconforming Signs Abrogation and Greater Restriction Violation of Provisions Sign Variances (Ord. 644, 12-13-99) 1008.01 : Purpose. The sign ordinance is intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained. safe, and attractive community. and the need for effective communications including business identification. The City of Mounds View finds it is necessary for the promotion and preservation of the public health. safety. welfare and aesthetics ofthe community that the construction. location. size and maintenance of signs be controlled. Further. the city finds that: . permanent and temporary signs have a direct impact on and relationship to the image of the community: . the manner of installation. location and maintenance of signs affects the public health. safety. welfare and aesthetics of the community; . an opportunity for viable identification of community businesses and institutions must be established: . the safety of motorists. cyclists. pedestrians and other users of public streets and property is affected by the number. size. location and appearance of signs that unduly divert the attention of drivers: . installation of signs suspended from. proiecting over. or placed on the tops of buildings. walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective fire-fighting and other emergency service: Page 3 . . . Ordinance 679 A~ril18, 2001 · uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and thereby undermine economic value and growth; · uncontrolled and unlimited signs. particularly temporary signs which are commonly located within or adjacent to public right-of-way or are located at driveway/street intersections. result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information; · commercial signs are generally incompatible with residential uses and should be strictly limited in residential zoning districts; and . the right to express noncommercial opinions in any zoning district must be protected. subject to reasonable restrictions on size. height location and number. 1008.02 G+: DEFINITIONS: The following terms have the meanings ascribed to them in this Section: ABANDONED SIGN: A sign that becomes vacant unoccupied or unused: or a sign promoting a business or activity no longer in operation or incorrectly or inaccurately conveying a message. or a sign promoting an obsolete message or sign copy. for a period in excess of one month. ANIMATED SIGN: A sign that has any moving or rotating part; or uses movement or change of lighting to depict action or create a special effect or scene. Refer also to electronic scrolling message or marquee SIgnS. AREA IDENTIFICATION SIGN: A freestanding sign which identifies the name of a community. neighborhood. a residential subdivision. a multi-family residential complex consisting of three (3) or more structures. a planned unit development or any combination of the above located on contiguous properties. AWNING SIGN: A sign displayed on or attached flat against the surface or surfaces of an awning attached to or extending from a building. BANNER: Any sign of lightweight flexible material affixed to a building. poles. vehicle or other supporting structures upon which a message. slogan. design or logo is displayed. National. state. or municipal flags shall not be considered a banner. BEACON: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source: also. any light with one or more beams that rotate or move. Otherwise known as searchlights. F or the purposes of this Section. beacons or searchlights shall be considered temporary signs. BENCH SIGNS: A sign which is affixed to a bench or shelter at a bus stop. BILLBOARD: A large. outdoor advertising structure typically mounted on one or more poles. located off the premises where the advertised product is sold or offered. Page 4 . . . Ordinance 679 A~ril18,2001 BUSINESS SIGN: A sign that states the proper name of the business. organization or institution located on the premises on which the sign is located. CAMPAIGN SIGN: A temporary sign promoting the candidacy of a person runnmg for a government office. or promoting an issue to be voted on at the next election. CANOPY SIGN: A sign affixed to the visible smface of an attached or freestanding canopy structure. often backlit to provide internal illumination. For the purposes of sign area computation.. canopy signs shall be treated as a wall sign. CHANGEABLE COpy SIGN: A sign or portion thereof with characters. letters or illustrations that can be changed or rearranged electronically or manually without altering the face or the surface of the sign. A sign on which the message changes more than eight times a day shall be considered an animated sign for the purposes of this ordinance. That portion of a sign on which the only copy that changes is an indication of the time and temperature shall be considered a public informational sign. Portable or non-permanent changeable copy signs shall. for the purposes of this Section.. be considered temporary signs. CONSTRUCTION SIGN: A sign placed at a construction site identifying the proiect and/or names of the architect. engineers. developers. contractors or other individuals or firms associated with the proj ecl. DIRECTIONAL SIGN: A sign for the purpose of making specific commercial. industrial or public and semi-public locations known and to assist in finding these locations on the property where the sign is located. Such signs may be located within street right of ways subiect to approval of the City and appropriate governmental agency. FLAG OR PENNANT STRINGERS: A series of flags. pennants or streamers connected by a string or a rope. Such stringers shall be considered temporary signs for the purpose of this Section. FLASHING SIGN: A sign or portion thereof whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non- illumination. For the purposes of this ordinance. flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four (4) seconds. FREESTANDING SIGN: A sign principally supported by a structure affixed to the ground. and not supported by a building. including signs supported by one or more columns. poles or braces placed in or upon the ground. Also referred to as a Ground Sign. GOVERNMENT OR REGULATORY SIGN: A sign which is erected by a governmental unit for identification, traffic control or other regulatory purposes. Such signs are often located within street right of ways. GROUND SIGN: A sign principally supported by a structure affixed to the ground. and not supported by a building. including signs supported by one or more columns. poles or braces placed in or upon the ground. Also referred to as a Freestanding Sign. Page 5 . . . Ordinance 679 April 18,2001 HOME OCCUPATION SIGN: A sign erected upon a residential property to advertise a home based business or occupation taking place at that location. IDENTIFICATION SIGN: A sign. the primary function of which is to identifY a residential, commercial, industrial or public or semi-public use located upon the premises where such sign is located or to which such sign is affixed. Signs identifying commercial uses may call attention to the product. service or activity that is sold or offered upon the premises. Signs identifying industrial uses may call attention to the product. goods or material which is produced. processed. assembled or stored upon the premises. INFLATABLE SIGN: A portable device inflated with air or helium used to draw attention to an activity or business upon which the device is attached. Such object mayor may not display advertising copy. For the purposes of this Section. inflatable devices shall be considered a temporary mm ILLEGAL SIGN: A sign erected without a permit or in violation of this ordinance. Such signs shall be subject to removal upon written notice by the City. INCIDENTAL SIGN: A sign, generally informational. that has a purpose secondary to the uses on the property on which it is located. Such signs might include. but are not limited to. ''No Parking." "Entrance," "Exit." "ATM." or "Payphone." No sign with a commercial message legible off the premises shall be considered incidental. MONUMENT SIGN: A freestanding sign attached to the ground by means of a freestanding support structure. solid from grade to the top of the sign structure. typically encased or supported by masonry materials. NUISANCE SIGN: A sign in a state of disrepair. deterioration or damage whereupon one fourth (1/4) or more of the sign surface is no longer clearly legible or recognizable at a distance of forty (40') feet. Also. any sign in violation of the provisions of this Chapter shall be considered a nuisance sign except for legal nonconforming signs. NONCONFORMING SIGN: Any sign that does not comply with the requirements of this ordinance is considered nonconforming. A sign which was erected legally but does not comply with subsequently enacted sign restrictions or regulations is considered legal nonconforming. POLE SIGN: A freestanding sign supported by or erected upon one or more narrow columns. shafts or poles. Also referred to as a Pylon sign. PORTABLE SIGN: Any sign not permanently attached to the ground or other permanent structure. or a sign designed to be transported. including. but not limited to. signs on wheels. signs converted to "iV.' or "T" frames. menu and sandwich boards. inflatable devises. advertising umbrellas. and signs attached to or painted on vehicles parked and visible from the public right of way. unless said vehicle is used in the normal day-to-day operations of the business. PROJECTING SIGN: A sign other than a wall sign which is perpendicular to and projects more than eighteen (18) inches from a building face or wall or from a structure whose primary purpose is other than the support of the sign. Page 6 . e 4t Ordinance 679 April18,2001 PYLON SIGN: A freestanding sign supported by or erected upon one or more narrow columns. shafts or poles. Also referred to as a Pole sign. REAL ESTATE SIGN: A sign advertising the sale. lease or rental of the property or premises upon which the sign is located. ROOF SIGN: A sign erected. constructed or attached wholly or in part upon any roof or over the highest roofline of a building. SECURITY SIGN: A small. incidental sign identifYing the presence of a security system. SIGill TRIANGLE: A triangle formed at a property corner abutting two street right of ways where two triangle legs are 30 feet long with the third leg traversing the property to connect the other two legs. (Refer to the graphic in Section 1008.09, Subd. lb.) SIGN: A sign. the primary function of which is to direct attention to a product. service or activity that is sold or offered either elsewhere or upon the premises where such sign is located or to which it is affixed. SIGN AREA: That area of a sign within the marginal lines of the surface, which bears the announcement name, advertisement or other message or. in the case of letters. figures or symbols attached directly to any part of a building. the area which is included in the smallest rectangle which can be made to circumscribe all letters. figures or symbols displayed thereon. SIGN COPY: The letters. numbers. figures. symbols. logos. and graphical elements comprising the content or message of the sign. TEMPORARY SIGN: Any sign displaying a commercial or non-commercial message erected or maintained for a specific period of time and not of a permanent nature. Such signs shall include banners. inflatable devices. sandwich boards. portable changeable copy signs or any other device intended to attract attention. TRANSIT ENCLOSURE SIGN: Commercial advertising located within a transit enclosure or shelter. Such signage shall not include route schedules. service announcements or other similar notices. WALL SIGN: A sign attached to or erected against the exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall. not to proiect more than twelve inches (12") from the surface to which it is attached. WINDOW SIGN: A sign affixed to the interior or exterior of a window or inside the building within three feet of the window with its message intended to be visible to and readable from the public. Page 7 . . . Ordinance 679 April 18, 2001 Subd. 1. BANNER: An attention getting device, the materials of '.\'hich consist of paper, cloth or of other man made materials and which are of temporary nature. Subd. 2. BILLBO)\RD: }Jl advertising sign located off the premises '.vhere the advertised product is sold or offered. It is usually, but not necessarily, o\vncd by an advertising company. Subd. 3. BUSINESS OCCUPANT: An indhidual or group of indi'.iduals ovmmg, renting or leasing a building or part thereof to conduct a business separate of others. Subd. 1. BUSINESS SIGN: A sign that states the proper name of the business, organization or institution located on the premises on which the sign is located. Subd. 5. GROUND SIGN: A detached sign erected upon or supported by the ground and not attached to any building. Subd. 6. PEDESTAL SIGN: A ground sign erected upon a single post or shaft or upon 1\\'0 (2) posts or shafts that merge or touch at the base or '..vhich arc not more than fifteen feet (15') apart, center of shaft to center of shaft, '.\ith the display portion mounted on top thereof at least seven feet (7') above the surface of the street adjacent to the property on which the sign is located. No such sign shall ha'/C a sign area of more than three hundred forty (310) square feet on each side. Such sign may advertise only businesses located on the premises. No business property shall have more than one (1) pedestal sign adjacent to each street upon '.\'hich such business property abuts; provided, that on each street frontage of more than one hundred feet (100'), one (1) additional pedestal sign may be established and maintained on such street frontage if such additional pedestal sign a) is located on a single pole, b) does not exceed twenty eight (28) square feet in an area on any side and does not have more than tvlO (2) sides, c) is not more than four feet (1') in \\idth or seven feet (7') in height on the sign face, d) is located at least seven feet (7') above the surface of the street. In lieu of one (1) additional pedestal sign, two (2) separate signs may be located on the same pole, but such two (2) signs combined shall not exceed, in area or dimensions, the limitations applicable to a single additional pedes-tal sign. No pedestal sign shall be so designed as to ha';e both a) mo',r.ng parts, and b) mo'.r.ng or blinking lights. In addition to the pedestal signs permitted by the foregoing provisions of this subdi'.,ision, a sign advertising a public telephone may be located in the area ahead of the building setback line on the structure in '..vhich such public tclephone is located. Subd. 7. PORTABLE SIGN: ,A.. back to back, mobile advertising device which may be mounted on wheels and used for commercial as '.vcR as ci\ic promotions. Subd. 8. PROJECTIl'lG SIGN: A sign other than a '..vall sign suspended from or supported by a building or structure and projecting out therefrom. Subd. 9. ROOF SIGN: }.. sign erected upon or above the roof or parapet '..vall of a building or structure. Subd. 10. SIGN: A sign, the primary function ofv/hich is to direct attention to a product, service or acti\ity that is sold or offered either else'.vhere or upon the premises '.vhere such sign is located or to which it is affuced. Page 8 . . . Ordinance 679 April 18, 2001 Subd. 11. SIGN, ,'\DVERTISING: !'.. sign, the primary function of vv'hich is to direct attention to a product, service or acti'vity that is sold or offered either clsev/here or upon the premises \vhere such sign is located or to v.hich it is affixed. Subd. 12. SIGN l\.REA: That area of a sign '.vithin the marginal lines of the surface, '.vhich bears the announcement, name, advertisement or other message or, in the case of letters, figures or symbols attached directly to any part of a building, the area '.vhich is included in the smallest rectangle ';Alich can be made to circumscribe each letter, figure or symbol displayed thereon. Subd. 13. SIGN, DIRECTIONAL: ,\. sign for the purpose of making specific commercial, industrial or public and semi public locations lmoVlIl and to assist in finding these locations on the property which the sign is located. Subd. 11. SIGN, FL\.SHlI'JG: Any illuminated sign on '.vhich the artificial light is not maintained stationary and! or constant in intensity and color at all times when such sign is in use. Subd. 15. SIGN, IDENTIFIC!'..TION: ,\. sign, the primary function of vv'hich is to identify a residential, commercial, industrial or public or semi public use located upon the premises ,<,;here such sign is located or to '.vhich such sign is affixed. Signs identi:f)>ing commercial uses may call attention to the product, sCf\1.ce or activity that is sold or offered upon the premises. Signs identifying industrial uses may call attention to the product, goods or material v;hich is produced, processed, assembled or stored upon the premises. Subd. 16. SIGN, ILLU1fINATED: !'.ny illuminated sign on '.Yhich the artificial light is maintained stationary and/or constant in intensity and color at all times '.vhen such sign is in use. Subd. 17. TEMPORARY SIGN: !'.. sign so designed as to be mO'.<able from one (1) location to another and which is not permanently attached to the ground, a sign structure or a building. Subd. 18. VIALL SIGN: f.. sign attached to or erected against the '.vall of a building or structure ,<,lith the exposed face of the sign in a plane approximately parallel to the face of said v.'all. (1988 Code S39.01) 1008.03 m: BUILDING PERMIT REQUIRED; EXCEPTIONS: Subd. 1. Permit Required: It is unlawful to install, construct, erect, alter, revise, reconstruct or relocate any outdoor sign or structure, as defined in Section 1008.G-l 02 of this Chapter, in the Municipality without first obtaining a permit therefor as required by this Chapter, except as provided in subdivision 2 of this Section. (1988 Code 939.02) Subd. 2. Exceptions: Permits need not be obtained for any sign less than or equal to eight (8) square feet in area (excluding temporary signs). or for the specific signs addressed below. provided all other requirements of this Section are satisfied: but the other pro'.1.sions of this Chapter shall be observed, for the following types of signs: Page 9 Ordinance 679 Apri118,2001 . a. A sign not exceeding ten (10) square feet in area, pertaining only to the sale, rental or lease of the premises upon which displayed. b. A sign on residential property stating only the name or identity of the occupant, 'vVhich sign shall not exceed tv.'O (2) square feet in area. c. A sign on property on '.vhich a public, charitable or religious institution is located, stating the name and nature of the occupancy and information as to the conditions of use or occupancy or a sign on such property used by the institution as a bulletin board, '.vrnch sign shall not exceed ten (10) square feet in area. c. Construction sign or sign belonging to a contractor performing work upon a property. Such sign shall be removed immediately upon completion of the work. d. A campaign sign as provided for in subdivision 1008.08(11) 10. Subd. 7 of this Chapter. (1988 Code ~39.03; 1993 Code; Ord. 607, 5-11-98) e. f. g" . h. Home occupation signs and incidental residential signs. National. state. regional, local. non-commercial institutional or cultural flags. Advertising on a transit bench or within a transit shelter or enclosure. Official notices authorized by a court. public body or public safety official. 1008.0400-: APPLICATION FOR PERMIT: Application for permits shall be made upon forms provided by the Clerk-Administrator and shall include the following information: Subd. 1. The name, address and telephone number of the applicant. Subd. 2. The location of the building, structure or lot to which or upon which the sign is to be placed. Subd. 3. The position of the sign or other advertising structure in relation to nearby buildings, structures and streets or highways, if necessary. Subd. 4. Two (2) blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building ground. Subd. 5. A copy of the stress sheets and calculations may be required by the Inspector, on larger signs, showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this Chapter and any other applicable law. . Subd. 6. The name of the person erecting the structure, if not the applicant, or the name of the person on whose property the structure is to be located, if not the applicant. Subd. 7. The written consent of the owner of the property, if not the applicant. Page 10 Ordinance 679 .t\priI18,2001 . Subd. 8. Subd. 9. Subd. 10, Subd. 11. A statement as to whether the sign will be illuminated or not. A statement as to whether any electric lights on the sign will be "moving" or blinking. A statement as to whether the sign will be single-faced, double-faced or multi-faced. A statement as to whether or not the copy on the sign will be changeable. Subd. 12, A statement as to whether or not the copy on the sign will relate only to the business or activity conducted on the premises on which the sign is to be located. (1988 Code ~39.09) 1008.05 G4: PERMIT FEES; WAIVER: Subd. 1. Fee: The application for a pemrit shall be accompanied by the required pemrit fee. The permit fee shall be established by resolution of the City Council. (1988 Code g39.1O) Subd. 2. Waiver: The Council, may, in its direction if so requested in writing, may waive the fee required by this Section where the signs are to be erected by civic or religious organizations. (1988 Code ~39.11) . 1008.06 ~: ISSUANCE OF PERMIT; CONDmONS: Subd. 1. Issuance: Upon presentation of application, pemrit fee, plans and specifications and other required information, the sign construction pemrit shall be issued by the Community Development Department. Clerk Administrator, except as provided in subdivision 2 of this Section. Subd. 2. Special ,^..pproval from Council Variances: In the event an application is made for a sign which does not conform to the requirements of this section. the applicant shall either modify the application or apply for a variance according to the provisions established in Chapter 1125 of the Zoning Code. No pemrit for a non-conforming sign shall be issued without evidence of an approved variance. case of an application for a sign requir.ng a special permit or '"vlUch '..vi1l be illuminated or moving or of unusual height, size, design or location, the Clerk f.dministrator shall refer such sign to the Council for approval. No permits for any such sign, so referred, shall be issued vlithout first obtaining the approval of the Council. (1988 Code ~39.14) 1008.07 Ge: SIGN INSTALLER'S LICENSE PROVISIONS: . Subd. 1. License Required: No person shall engage in the business of installing signs nor shall be entitled to receive a pemrit to install a sign in connection with such business unless first licensed by the Municipality to do so. (1988 Code ~34.04) Page 11 . . . Ordinance 679 April18,2001 Subd. 2. Application and Fee: A license may be granted by the Council upon written application to the Clerk-Administrator on such form as required by the Clerk-Administrator and accompanied by an annual license fee as established by resolution of the City Council. (1988 Code 934.05) Subd. 3. Liability Insurance: Any person holding a licensee shall file with the Clerk-Administrator policies of public liability and property damage insurance which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days' written notice to the Municipality. Public liability insurance should not be less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to anyone (1) person and subject to the same limit for each person in an amount not less than three hundred thousand dollars ($300,000.00) on account of anyone (1) accident, and property insurance in the amount of not less than :fifty thousand dollars ($50,000.00). (1988 Code 939.07) Subd. 4. Expiration: Licenses shall be issued on an annual basis, with the license year running from January ffily-l through the following December 31 June 30. (1988 Code 939.08) Subd. 5. Revocation: A license may be terminated and renewal thereof may be denied by the Council for cause after notice to the licensee and reasonable opportunity for the licensee to be heard on the question of such termination. Cause shall include any repeated or persistent violation of the requirements of this Chapter. (1988 Code 934.06) 1008.08 W-: MAINTENANCE OF PREMISES: Premises on which ground signs are located shall be maintained free of weeds and debris, and where landscaping was part of the original sign permit, such landscaping shall be maintained in the manner provided in such permit. (1988 Code 939.12) 1008.0908: GENERAL LOCATION, DESIGN AND CONSTRUCTION STANDARDS: Subd. 1. General Standards: Every sign shall conform to the standards of this Section whether or not a permit therefore is required, and nothing contained herein shall be construed as modifying or repealing any of the provisions of this Code relating to zoning1. No sign shall be so located as to obscure or tend to obscure any existing sign. The following additional requirements are to be observed: a. Each ground sign shall be securely built, constructed and erected on the building or ground. Temporary signs shall be so designed that they are not readily overturned. b. No sign structure shall be attached or placed upon any building in such a manner as to obstruct any fire escape or any window or door nor shall any sign structure be attached to a fire escape. 1 See Title 1100 of this Code. Page 12 . . . Ordinance 679 April 18, 2001 c. No sign erected bcf-ore the cff-cctiv-c date hereof shall be rebuilt, altered or reillO'lcd to a new location '.vithout being brought into compliance \vith the requirements hereof c. The illumination of any sign located near a residential district shall be defused or indirect and located so as not to direct light on residencesl. d. No swinging sign shall hereafter be erected or hung on or attached to any building within the Municipality, and every such sign so erected, hung or attached prior to the effective date hereof which ,is deemed unsafe by the Building Inspector shall be immediately removed by the owner thereof or changed to conform with the requirements of this Chapter when so ordered by the Building Inspector. e. Where portions of a sign are subject to a different classification, each portion shall meet the requirements of its classification. f Each sign requiring a permit shall have an identifying number to be provided by the Inspector, '.vhich number shall be posted on the exterior surface of the sign structure in a location 'Nhere such information will be readily visible after the sign is constructed. f Maintenance. Repair or Removal: Every sign permitted by this ordinance shall be maintained in good condition and repair. When any sign becomes insecure. in danger of falling. or is otherwise deemed unsafe or a nuisance by a City Inspector. or if any sign shall have been unlawfully installed. erected or maintained in violation of any of the provisions of this ordinance. the owner or :firm using such sign shall. upon written notice by the City Inspector. make such sign conform to the provisions of this ordinance or shall remove it within ten (10) days. If such violation has not been corrected within ten (10) days. The City Inspector may remove or cause such sign to be removed at the expense of the owner or user of the sign. g. All signs and sign structures shall be maintained in a safc condition and in a state of good repair at all times. No sign shall display matter that has been deemed obscene by a court of competent jurisdiction. h. Obsolete Sign Copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which the sign is located must have the sign copy covered or removed within thirty (30) days after written notification from the City Inspector. Such sign shall be considered a nuisance sign. 1. fr.. Each sign shall be used and maintained only in the manner permitted and subject to the conditions imposed at the time the permit therefore was granted. j. Clearance of Signs from Conductors: The minimum clearance of any sign from unprotected electrical conductors (whether poles or other installations) shall not be less than thirty six inches (36") for conductors carrying not over six hundred (600) volts and forty eight inches (48") for conductors carrying more than six hundred (600) volts. 1 See Section 1l03.09 of this Code. Page 13 . . . Ordinance 679 April 18,2001 k. Signs Along Freeways: Except as otherwise provided in this Chapter and subiect to State and federal laws. signs located on property adjacent to any freeway within the Municipality (including Interstate Highway 35W) shall be business signs advertising businesses being conducted on the premises on which the signs are located. No "traveling" or changing-message signs shall be located so as to face any freeway or be visible from the freeway. The provisions of this subdivision. however. shall not be construed to render illegal or nonconforming any signs which are legally located along any such freeway at the effective date herein. (Ord. 644, 12-13-99) 1. The follo',ving additional conditions shall be observ-ed: (1 ) No ground sign (except temporary signs, portable signs or banners) or signboard shall approach at any point nearer than three feet (3') to any building unless such sign is placed parallel to the side of the building, nor shall any such sign be placed v.'ithin six feet (6') of the side of any lot nor nearer than fifteen feet (15') to any street line ',vhere thero is no established or customary building line nor \vithin t'.venty five feet (25') of any street comer right of '.vay. Whenc'v'er the established or customary uniform building line upon the street where such ground sign is to be erected is more than fifteen feet (15') from the street or property line, then such sign shall not approach nearer to the street than the established or customary uniform building line. (Ord. 641, 12 13 99) (2) The owner, lessee or occupant of the land on ',vhich the ground is located and the ovmer of the sign shall keep the property on ';;hich the sign is locatcd free of long grass, weeds or other rank grovith, rubbish or debris. (3) All parts of ground signs shall be designed for wind pressure of not less than thirty (30) pounds per square foot, and ground signs of wood construction shall have all members 'Nhich extend into the ground protectcd from decay by treatment ','lith a preservative approved by the Building Inspector. ( 1) No permit shall be granted for the location of any ground sign having a sign area of more than forty (-10) square feet "vtthin one hundred feet (100') of any single family residcnce ; provided, that the Council may grant a special permit therefor if the ovmer of such residence gives vmtten consent thereto. (5) Pedestal signs permitted by the zoning regulations of the Municipality} and by this Chapter may be located adjacent to the right of way of a street or higlr,vay, but no part thereof shall extend over such right of v/ay. (6) No sign shall exceed thirty fi','C feet (35') in height. (1988 Codc ~39.11) 1 See Title 1100 oftms Code. Page 14 . . . Ordinance 679 April 18,2001 Subd. 2. Signs Allowed by District: The following table represents the allowable signage and area requirements by zoning district: The following requirements arc for allo'.vable signs as they pertain to zoned districts: Si2l1 Tvpe R-l R-2 R-3 R-4 R-5 R-O B-1 B-2 B-3 B-4 I-I PF CRP PUD Ground No No 32 32 32 200 200 200 200 100 100 * - Wall No No 64 64 No 32 100 100 100 100 100 100 100 * Proiection No No No No No 8 24 24 24 24 No * Window No No No No No No Yes Yes Yes Yes No No No * Identification 2 2 2 2 2 2 4 4 8 8 8 4 4 * Temporary Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Real Estate 10 10 32 32 10 32 32 32 32 32 64 32 32 32 Home 1 1 No No 1 No No No No No No No No No Occupation Campaign Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Billboards No No No No No No No No No No No 700 700 700 Directional No** No** 4 4 4 4 4 4 8 8 8 8 8 8 Construction 8 8 8 8 8 8 32 32 32 32 32 32 32 32 Incidental 1 1 1 1 1 1 1 1 1 1 1 1 1 1 * Signage requirements within a POO shall be as allowed bv the POO Narrative document. If no such document exists. signage shall be as permitted for a B-3 zoning district. ** Directional signs may be allowed within right of ways upon written approval of the City, the appropriate governmental agency having iurisdiction over the road way (if not the City) and the owner of the property directly abutting said sign. Subd. 3. Ground Sign Height, by District: The following table represents the maximum height allowed for ground signs in each zoning district. R-l R-2 R-3 R-4 R-5 R-O B-1 B-2 B-3 B-4 I-I PF CRP PUD ill ill ~ ~ ~ ~ 20 20 35 35 35 35 35 ill (1) No ~ound sign.. other than home occupation, campaign.. real estate, incidental and temporary signs shall be allowed in these districts. (2) Signage requirements within a PUD shall be as indicated by the PUD Narrative document. Ifno such document exists, signage shall be as allowed for a B-3 zoning District. a. R 1 Single Family Residential District: (1) f.. name on residential property stating only the name or address of the occupant not exceeding two (2) square feet in size. (2) f.. sign not exceeding tea (10) square feet in area pertaining only to the sale, rental or leasing of the premises upon v.'hich displayed. (3) !'.. sign, as aUo'.ved in subdivision 1106.03(3) of this Code, pertaining to home occupations. Page 15 . . . Ordinance 679 April 18, 2001 (4) Signs as allmNed in subdi'v'ision 11 of this Section. b. R 2 Single and T';.'O Family Residential District: Signs as allo'"ved in subdivision 2a hereof c. R 3 Medium Density Residential District: Signs as allo';/-cd in subdivision 2a hereof d. R '1 High Density Residential District: (1) Signs as allo'.ved in subdi'v1.sion 2a hereof (2) Direction signs for office, model, apartments, etc., locations not ex-ceeding five (5) square feet. e. R 0 Residential Office District: Signs as allO\vcd in subdivision 2d hereof f B 1 Neighborhood Business District: (1) Signs not exceeding one hundred (100) square feet total area combined. This includes all. types ofpcrmanent signs, as defined in Section 1008.01 oftms Chapter. (2) Temporal)' signs, as allo'.ved in subdi'.'-ision ge of this Section. g. B 2 Limited Business District: (1) Signs not exceeding. one hundred (100) square feet per business occupant. This includes all types ofpcrrnancnt signs, as defined in Section 1008.01 of this Chapter. (2) Temporary signs as allO\,'/cd in subdivision ge of this Section. h. B 3 Highv;ay Business District: Signs as allowed in subdivision 2g hereof 1. B 1 Regional Business District: Signs as allow-cd in subdivision 2g hereof j. I 1 Light Industrial District: Signs as allov;ed in subdivision 2g hereof Ie Other Signs As Allo';,'ed in Certain Districts: B 3 High\vay Business District, B 1 Regional Business District and I 1 Light Industrial District may have, besides the one hundred (100) square feet signage per business occupant, one (1) general pedestal sign not exceeding three hundred forty (310) square feet. Only one (1) pedestal sign is allowed per property. L R 5 Mobile H-oIl1C District: Signs as allov,,'ed in subdivision 2d hereof, excluding subdivision 2a(2) of this Section relating to allov,<able signage. (Ord 585, 7 15 96) ill. PF Public Facilities District: Signs not exceeding one hundred (100) square feet total per building. In addition pedestal signs arc allowed in accordance 'v'..'-ith Section 1008.01, subdivision 6 except that no permit shall be granted for any pedestal sign of more than forty Page 16 . . . Ordinance 679 April 18, 2001 (40) square feet v/ithin one hundred feet (100') of any single family residence. Except as otherwise pmvided in this Section, such signs shall only identifY and relate to the activities that are intended to occur on the site. Billboards, as pcnnitted by Section 1008.08, subdivision 10, are alh.ved as an interim use under Minnesota Statutes, section 162.3597. (Ord. 637,2 11 00) n. CRP Conservancy, Recreation, Preservation: Signs not exceeding one hundred (100) square feet total per building. In addition pedestal signs are allo'<'v'cd in accordance '.vith Section 1008.01, sub&v'ision 6 except that no pennit shall be granted for any pedestal sign of more than forty (10) square feet '.vithin one hundred feet (100') of any single family residence. Except as othcnvise prmided in this Section, such signs shall only identifY and relate to the activities that arc intended to occur on the site. Billboards, as pcnnitted by Section 1008.08, subdivision 10, arc allo'.vcd as an interim use under ,Mffincsota Statutes, section 162.3597. (Ord. 637, 2 11 00) o. PUD Planned Unit Development: Billboards, as permitted by Section 1008.08, subdivision 10, are allO'.;ved as an interim use under 1\fir..nesota Statutes, section 162.3597. (Ord. 637,2 11 00) Subd. 3. Traffic Control Related Sign Regulations: Compliance ,<,lith the follo'.ving regulations relative to traffic control is required: a. No mo'v'ing or flashing sign shall be located or maintained ',llithin :fifty feet (50') of an intersection at '.vhich traffic semaphores are located. b. No sign shall be designed, located or maintained so as to be likely to obscure or conceal or cause confusion as to any traffic control sign or device. c. No sign shall be located or maintained on or O'v'Cf any public street or highvv'aY right of 'v 'lay unless specifically permitted by the zoning regulations of the Municipaliif-: d. There shall be no use of reyohing beacons, zip flashers, flashing signs or similar devices that would distract automobile traffic as to constitute a safety hazard. The illumination of any sign located near a residential district shall be defused or indircct and located so as not to direct light on residences~. l'fu flashing sign shall be located in such closc proximity to residences or residential property as to constitute a nuisance to persons residing on the property by reason of flashing of the lights in such sign. e. The sign shall be locatcd or maintained so as not to interfere with the ability of dri',,'CfS or pedestrians to see any crossroad or crossw-alk~. (1988 Code ~39.13) Subd. 1. Clearance of Signs from Conductors: The minimum clearance of any sign from unprotected electrical conductors (whether poles or other installations) shall not be less than -g, See Title 1100 of this Code; see also subEli'o'ision 604.03(3)n of this Code. -~ See Section 1103.09 of this Code. ~ See also subdhisioR €i04.03(3)b of this Code Page 17 . . . Ordinance 679 April 18,2001 thirty six inches (36") for conductors carrying not over six hundred (600) 'v'olts and forty eight inches (18") for conductors carrying more than six hundred (600) volts. Subd. 5. Signs .'\long Free';;ays: Except as othervlise pro\1ded in this Chapter, signs located on property adjacent to any freev.'8.Y V.1tOO the Municipality (including Interstate High'.vay 35'N) shall be business signs advertising businesses being conducted on the premises on which the signs arc located. No "traveling" or changing message signs shall be located so as to face any free'..\'8.Y or be '.isible from the free'.va.y. The provisions of this subdi\1sion, however, shall not be construed to render illegal or nonconforming any signs ';ihich arc legally located along any such free'.v-ay at the effective date herein. (Ord. 611, 12 13 99) Subd. 6. Projection Signs ..1,: The following standards shall be maintained for all projection signs: a. All portions of projection signs shall be designed for a v.ind pressure of not less than thirty (30) pounds per square foot. b. Such signs shall not project over public street right of v;ay but may project over sidewalks located on pri'.'ate walks. }fu such sign shall be less than tv.dve feet (12') above the level of the side'.valk; provided, that such signs v;hich do not exceed four (1) square feet and which do not project more than 1\yo feet (2') over the sidev.'8.lk may be eight feet (8') or more above the sidewalk. No projection sign shall project beyond a curb line nor project more than eight feet (8') over any pri'.'ate sidev;-alk. c. There shall be no more than 1\'10 feet (2') of space between the inner edge of any such sign and the face of the v;all from which it projects, nor shall the outer edge of the sign be more than eight feet (8') from the face of the VialL d. The building or structure from '.vhich any such sign projects and all attachments or fastenings must be so constructed as to safcly resist the dead load and the w:.nd load added by the attached sign. e. All such signs shall be of noncombustible materials or of not less than one hour fire resistive construction. Subd. 7. Roof Signs: The follovi.ng standards shall be maintained for all roof signs: a, No roof sign shall be located nearer than five feet (5') from the outside '.vall to';.'afd '.vrnch it faces nor exceed twenty five feet (25') in height abo'le the roof levcl of the building urness constructed integral with the building or structure, nor shall it project beyond the edge of said roof in any direction. For the purposes of this subdi'.1sion, lights attached to the sign structure and lights attached to the building and beamed toward the sign structure shall be considered part of the sign structure. b. Every such sign shall be either metal, metal clad, incombustible, open ';Me or open metal sign; except, that such sign may have letters, figures, characters or borders of v.'ood if such borders do not exceed four inches (~") in vlidth and such wDoden letters, figures or characters ..1, See also subdivisions 601.03(3)0, 601.03(3)n 1103.08(2) of this Code. Page 18 . . . Ordinance 679 'ApriI18,2001 do not cov-er more than 1\venty five percent (25%) of the area of such sign; prmided, that in place of sheet metal, substitution may be made of the following materials: tempered pressed '.vood or other similar materials approvcd by the Building Inspector, having equal properties as to strength, fue and moisture resistance. c. No such sign shall be so placed as to prevent passage of persons from one part of the roof to another. d. The building or structure upon which such sign is placed and all attachments or fastenings must be so constructed as to safely resist the dead load and the vood load addcd by the attached sign and in such a mar..ner as not to cause damage to the building or structure on which such sign is placed. c. No roof sign shall be more than sixty :five feet (65') in length, nor shall it ~ctcnd more than 1\venty five feet (25') abO'v'C the surface of the roof of the building on 'Nhich it is located. No roof sign shall extend more than forty five feet (15') above the average ground levcl of that part of the street tovv'ard which it faces. Subd. 8. Wall Signs: The follm.ving standards shall be maintained for all wall signs: a. No \v.aJl sign shall have a projection over a pri'/ate side':lalk or an established building line of more than twclyc inches (12"). b. The materials, construction and attachment of any such sign shall mcet the same stafldards and requirements as roof signs. Subd. 9. Barmers, Temporary or Portable Signs: Temporary signs, as defined in Section 1008.01 of this Chapter shall comply with the provisions hereof The follovi.ng standards shall be maintained for all barJIers, temporary or portable signs: a. Temporary signs and bar..ners attached to any building constructed of canv-a.ss, plastic material, cloth or other material with or without framework, shall be strongly constructed and shall be securely attached to their supports. They shall be removed (including all framework and supports) as soon as damaged or tom and in no case later than 1\vcnty one (21) days after erection. b, Banners and temporary signs shall not be larger than one hundred 1\'.'enty (120) square feet in area for each 1\'lenty feet (20') of building frontage. There shall not be more than one temporary sign on any building frontage. c. No banner or temporary signs shall project over public property or right of w-a.y but may extend a maximum of six inches (6 ") from the face .of the building. d. Banners and temporary signs shall not be hung so as to cO';er, either partially or completely, any door, windO'vv or opcnmg rcquired for ventilation. e. No temporary sign, balHlCf or portable sign shall be located on any multiple residence, commercial or industrial property in the City vlithout first obtaining a permit therefor from the Page 19 . . . Ordinance 679 April 18,2001 City. If the City determines to grant an application for a permit for any such temporary sign, banner or portable sign, it may impose conditions upon the granting thereof, and it shall be unla'.vful to locate or maintain any such sign or banncring for a longer period or in a diff-crcnt manner than that specified in the permit. No such pen.ni-t shall be granted, hO'Ncyer, where such temporary signs, banners or portable signs arc prohibited by other prO',lisions of this ~ f No portable sign or temporary sign shall exceed thirty tv;o (32) square feet on each side. g. No portable sign, temporary sign or banner shall be located on any property in the City for more than t\.\'enty one (21) days at one time or for more than three (3) nventy one (21) day periods on anyone (1) year. h. The Council may allO',.\' administrativc approval of sign installation for signs of identical design being installed by a business or indiyidual. Once COtHlCH approval has been obtained for a particular sign design, the applicant may recci'v'e administrativ-c permits for the installation of such sign from the Clerk l\dministrator f-oUO',:ving submittal of all relevant information as outlined in Section 1008.03 of this Chapter and receipt of applicable fees. Subd. 10. Billboards: .\ permit shall not be issued for any nov; billboard unless it complies vlith the follo'vving interim use requirements, pursuant to 11innesota Statutes, section 162.3597: (Ord. 644, 12 13 99; Ord. 656, 3 27 00) a. Interim Use Permit: An interim use permit (!UP) must be obtained in accordance with procedures identical in form and substance to the conditional use permit procedures found in Section 1125.01, subdivision 3 of the Mounds View Municipal Code. fJIY interim use permit issued for an interim use billboard shall automatically expire no later than July 1, 2015 or 'vvhen the lease agreement for the billboard expires ',lAliche'v'-Cf date is earlier. Such !UP shall be null and void if the applicant fails to obtain any required permit from the State of Minnesota. (Ord. 611, 12 13 99; Ord. 656, 3 2700) b. Location: The billboard must be located along and north of State Highvv<ay 10 (118). The applicant must ha'v'c an approved lease agreement vlith the property o'.vner. The billboard shall be oriented to\vards State Highv/ay 10 (118) and/or I35'\V. Billboards must be located at least n\'o hundrcd fifty feet (250') from residentially zoned property. Billboards may be locatcd adjacent to the right of '.vay of a street or highvv'ay, but no part thereof shall extend over such right ofvv'ay. (Ord. 611,12 13 99) c. IVlinimum Spacing: Billboards must be at least one thousand feet (1,000') apart. Spacing bet'vveen signs shall be measured by projecting the nearest points of the signs to the property line of the right of \\<ay from '.vhich they are intended to be read and measuring the distance in a straight line benv-cen the projected points. Required spacing shall apply only to billboards on the same side of the same road'Nay. COrd. 611, 12 13 99) d. Maximum Sign Area: The maximum gross surface display area of the sign cannot exceed seyen hundred (700) square feet per side except that any rectangular billboard may contain temporary extensions, cutouts, or top lettering which occupy a total area not in mecess of Page 20 . . . Ordinance 679 Apri118,2001 nventy fh"C percent (25%) of the area of the basic billboard and form an integral part of the design thereof N{) such temporary extension, cut out, or top lettering may project more than six feet (6') from the top, eighteen inches (18") from either side or fifteen inches (15") from the bottom of the basic rectangular advertising message. The area of an extension, cutout, or top lettering shall be deemed to be the area of the smallest rectangle into '.vhich such extension, cutout, or top lettering '.viII fit. (Ord. 611, 12 13 99) e. Orientation of Sign Faces: Billboards may have no more than two (2) sign faces. Sign faces must be back to back with sign faces parallel or angled. -<,ill billboards "Rth their faces back to back and parallel shall haye no greater distance than eight feet (8') ben'.'Cen the faces. i\l1 billboards '.vith faces at an angle shall have no greater angle than thirty fi'v'c degrees (350). (Ord. 611, 12 13 99) f Maximum Sign Height: The maximum allm.vable height of billboards shall be thirty five feet (35'). The height shall be measured from the grade at the base of the sign or from the surface of the road';v'ay '.vhichever is higher. (Ord. 611, 12 13 99) g. Obstruction: No billboard may be located in such a maooer as to obscure or othcnvise interfere '.vith the eff-cctivcncss of an official traffic sign, signal, or device, or obstruct or interfere '.'lith a driver's vie'N of approaching, merging, or intersecting traffic. (Ord. 611, 12 13 99) }JlY billboard legally ~QStHlg on the effective date of this section may continue to be maintained in its present form and size but not expanded. This does not preclude the periodic change of the message or ad'v'Crtisement presented on the billboard. (Ord. 611, 12 13 99) }JlY billboard destro)'Cd by an act of God may be rebuilt ';.>ithin thirty (30) days if the construction of same ../ould comply \vith this subdivision. (Ord. 611, 12 13 99) Subd. 11. Campaign Signs: The follmving regulations shall apply to all campaign signs for political candfdates or issues: a. No more than one sign shall be erected per candidate or issue along each street frontage of any parcel ofland. b. Campaign signs shall not exceed twelv-c (12) square feet and not exceed four feet (1') in height abmre the ground; except, where such signs are located no closer than one hundred fifty feet (150') to the property line of a residential dwelling, the maximum size shall be thirty n\'o (32) square feet, and the maximum height above the ground shall be six feet (6'). c, Campaign signs may be dfsplayed from the last day of candfdacy filing or thirty (30) days before an election, "v'hichever is earlier. d. i\l1 campaign signs must be removed no later than five (5) days after an election; except, that after a primary election, signs for the '.vinnillg primaIy candidates need not be removed until after the ensuing general election. (1988 Code ~39.11; 1993 Code) Page 21 . . . Ordinance 679 A..pril18,2001 1008.1 0: SPECIFIC SIGN TYPE STANDARDS AND REQUIREMENTS: Subd. 1. Ground Signs: The following standards shall be maintained for all ground SIgnS, excluding incidental, temporary" home occupation, campaign, identification and real estate signs: a. No part of a ground sign shall be nearer than three feet to any building unless such sign is placed parallel to the side of the building. b. No part of a ground sign shall be nearer than 15 feet (15') to any perimeter lot line nor located within a 30-foot sight triangle on any property abutting two intersecting street right of ways. (Refer to the graphic below.) County Road X Right of Way < 30 ft - - - - - ~ - - - - - - - - - S;;;h;T;;-an~le7 - - .:::-....-.. - i ~l / ~""'......: ;: Sign is set back t ": 15 feet from Sign cannot be I (") both front and located within . ~ g side property lines sight triangle. . cg. a ......'< Business · Q,;;o I ~ g . '< 0. . -< I Property Lines >>. . * The sight triangle is formed by connecting the two end points of 3D-foot lines extending in both directions from the intersection of two property lines abutting a street or highway. c. The owner. lessee or occupant of the land on which the ground sign is located and the owner of the sign shall keep the property on which the sign is located free of long grass, weeds or other rank growth, rubbish or debris. d. All parts of ground signs shall be designed for wind pressure of not less than thirty (30) pounds per square foot, and ground signs of wood construction shall have all members which extend into the ground protected from decay by treatment with a preservative approved by the Building Inspector. e. No permit shall be granted for the location of any ground sign having a sign area of more than forty (40) square feet within one hundred feet (100') of any single-family residence. Page 22 . . . Ordinance 679 April 18, 2001 f No more than one pole or pylon sign shall be allowed per lot. However. the ground sign area allowance may be divided between one pole or pylon sign and a monument sign or between multiple monument signs. subiect to the requirements herein. provided that one or more of the following conditions are applicable: (1). The lot abuts multiple street right of ways. in which case a sign may be located along each frontage. (2). There are multiple curb cuts or driveways accessing the property. in which case a sign may be located near each access point or driveway. provided the signs are separated by no less than two hundred feet (200'). (3). The width of the lot as measured along its longest street frontage. exceeds two hundred and :fifty feet (250'). in which case multiple signs may be located along the long frontage provided such signs are separated by no less than two hundred feet (200'). (4). The property or properties are within an approved Planned Unit Development (PUD). Subd. 2. Wall Signs: The following standards shall be maintained for all wall signs: a. No wall sign shall have a proiection over a private sidewalk or an established building line of more than twelve inches (12"). b. The wall sign area allowances as indicated in Section 1008.08. Subd. 2 for B-2. B-3. B-4 and 1-1 zoning districts are per building occupant. c. The wall sign area allowances as indicated in Section 1008.08. Subd. 2 for the R-3. R-4. PF and CRP zoning districts are per building. d. In the R-O and B-1 zoning districts. the area allowance. as indicated in Section 1008.08. Subd. 2. reflects the combined area for all wall. ground and projection signage on that lot. Subd. 3. Projection Signs: The following standards shall be maintained for all projection signs: a. All portions of projection signs shall be designed for a wind pressure of not less than thirty (30) pounds per square foot. b. Such signs shall not project over public street right of way but may project over private sidewalks. No such sign shall be less than twelve feet (12') above the level of the sidewalk: except that such signs which do not exceed four (4) square feet and which do not project more than two feet (2') over the sidewalk may be eight feet (8') or more above the sidewalk. No projection sign shall project more than eight feet (8') over any private sidewalk. Page 23 . . . Ordinance 679 lAprill8,200l c. There shall be no more than two feet (2') of space between the inner edge of any such sign and the face of the wall from which it proiects, nor shall the outer edge of the sign be more than eight feet (8') from the face of the wall. d. The building or structure from which any such sign proiects and all attachments or fastenings must be so constructed as to safely resist the dead load and the wind load added by the attached sign. e. All such signs shall be of noncombustible materials or of not less than one hour fire-resistive construction. f Such signs shall be securely fixed in place and shall not be able to swing or sway. Subd. 4. Temporary Signs: All temporary signs shall comply with the provisions of this Section. The following general and specific standards shall be observed for all types of temporary and portable signs: a. General Provisions: (1) Except as provided herein, no temporary sign shall be located on any property in the City without first obtaining a permit from the City. If the City determines to approve a permit for any such temporary sign it may impose conditions upon the granting thereof, and it shall be unlawful to locate or maintain any such sign for a longer period or in a different manner than that specified in the permit. No permit for a temporary sign shall be issued if prohibited by other provisions of this Code. (2) Temporary signs shall not be hung or installed so as to cover. either partially or completely, any door, window or opening required for ventilation. (3) No temporary sign for which a permit is required shall be located on any property in the City for more than twenty-one (21) days at one time or for more than three (3) twenty- one (21) day periods in any calendar year. Permit periods may run consecutively without interruption if so approved. Except as provided in Subdivision 4g of this Section.. only one temporary sign shall be allowed on a property at a time. (4) The Director of Community Development may waive the permit fee for a temporary sign requested by a charitable, municipal or religious institution or for other iust cause. b. Banners: (1) Banners shall be strongly constructed and shall be securely attached to their supports. They shall be repaired or removed (including all framework and supports) as soon as damaged or tom and immediately upon expiration of the permit. (2) Banners shall not exceed twenty percent (20%) of the surface area of the building face or front upon which the banner is attached. Page 24 . . . Ordinance 679 JApril18, 2001 c. Beacons: (1) Beacons and searchlights may be allowed on a restricted basis with a City permit. written permission from the Metropolitan Airports Commission or other appropriate agency. and City Council authorization. (2) No beacon or searchlight shall become a public nuisance or shall disturb the peace. safety. comfort and well-being of motorists and residents. d. Changeable Copy Signs: (1) Portable and temporary changeable copy signs shall not exceed forty-eight (48) square feet on each side and the entirety of the sign copy shall be maintained within the forty- eight square foot area. (2) No part of such sign shall extend into or encroach onto public right of way. (3) Such sign shall not obscure motorist or pedestrian vision and shall not block or otherwise interfere with a public or private sidewalk: or trailway. (4) Such sign may be lighted provided said lighting is not a nuisance to motorists or to adioining properties. Flashing lights. strobe lights or lights which could be confused for that of an emergency vehicle shall be prohibited. ~ Inflatable Devices: (1) Inflatable devices shall be securely tethered and attached to the ground or building. (2) No such inflatable device shall extend more than thirty feet (30') above the roof of the building to which it is attached or adiacent. (3) Balloons less than two feet in diameter are excluded from the permit provisions of this Section. (4) No Mylar or metallic balloons shall be permitted to be displayed or flown outside. f. Flag or Pennant Stringers: Individual flags. streamers or pennants shall not exceed one square foot in area. g" Grand Openings and Other Events: Subiect to all other requirements of this subdivision. a permit may be issued for a grand opening or other special event that would utilize a combination of temporary signs at anyone principal location. No more than one special event permit shall be allowed per business in a calendar year. Page 25 . . . Ordinance 679 'April18,2001 Subd. 5. Window Signs: In the interest of public safety. the City requires that commercial or retail businesses operating within a zoned business district (B-x) shall adhere to and comply with the following regulations and requirements governing signs placed upon window interiors. a. No business shall obscure more than twenty-five percent (25%) of any window section or pane. b. Such window signage shall not obscure or block from view that area of a window or door between four feet (4') and seven feet (7') from the interior floor level. unless such area does not offer any visibility to interior public space. c. Window signs as allowed herein affixed or adhered within the building interior shall be exempt from any permit requirements. d. A temporary sign permit shall be required of any window sign affixed to the exterior of any window surface. Such sign shall otherwise comply with the requirements of this subdivision. Subd. 6. Billboards: A permit shall not be issued for any new billboard unless it complies with the following interim use requirements. pursuant to Minnesota Statutes. section 462.3597: (Ord. 644. 12-13-99: Ord. 656. 3-27-00) a. Interim Use Permit: An interim use permit (IUP) must be obtained in accordance with procedures identical in form and substance to the conditional use permit procedures found in Section 1125.01. subdivision 3 of the Mounds View Municipal Code. Any interim use permit issued for an interim use billboard shall automatically expire no later than July 1. 2015 or when the lease agreement for the billboard expires whichever date is earlier. Such IUP shall be null-and-void if the applicant fails to obtain any required permit from the State of Minnesota. (Ord.644. 12-13-99: Ord. 656. 3-27-00) b. Location: The billboard must be located along and north of State Highway 10 (old 118). The applicant must have an approved lease agreement with the property owner. The billboard shall be oriented towards State Highway 10 (old 118) and/or I35W. Billboards must be located at least two hundred fifl:y feet (250') from residentially zoned property. Billboards may be located adjacent to the right-of-way of a street or highway. but no part thereof shall extend over such right-of-way. (Ord. 644. 12-13-99) c. Minimum Spacing: Billboards must be at least one thousand feet (1.000') apart. Spacing between signs shall be measured by projecting the nearest points of the signs to the property line of the right-of-way from which they are intended to be read and measuring the distance in a straight line between the projected points. Required spacing shall apply only to billboards on the same side of the same roadway. (Ord.644. 12-13-99) d. Maximum Sign Area: The maximum gross surface display area of the sign cannot exceed seven hundred (700) square feet per side except that any rectangular billboard may contain temporary extensions. cutouts. or top lettering which occupy a total area not in excess of twenty-five percent (25%) of the area of the basic billboard and form an integral part of the Page 26 . . . Ordinance 679 ,April 18, 2001 design thereof No such temporary extension. cut out or top lettering may project more than six feet (6') from the top. eighteen inches (18") from either side or fifteen inches (15") from the bottom of the basic rectangular advertising message. The area of an extension.. cutout or top lettering shall be deemed to be the area of the smallest rectangle into which such extension. cutout, or top lettering will fit. (Ord. 644. 12-13-99) e. Orientation of Sign Faces: Billboards may have no more than two (2) sign faces. Sign faces must be back-to-back with sign faces parallel or angled. All billboards with their faces back-to-back and parallel shall have no greater distance than eight feet (8') between the faces. All billboards with faces at an angle shall have no greater angle than thirty-five degrees (350). (Ord. 644. 12-13-99) f Maximum Sign Height: The maximum allowable height of billboards shall be thirty-five feet (35'). The height shall be measured from the grade at the base of the sign or from the surface of the roadway whichever is higher. (Ord. 644. 12-13-99) g. Obstruction: No billboard may be located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign. signal. or device. or obstruct or interfere with a driver's view of approaching. merging. or intersecting traffic. (Ord. 644. 12- 13-99) h. Existing Billboards: Any billboard legally existing as of December 13. 1999. may continue to be maintained in its present form and size but shall not be expanded. This does not preclude the periodic changing of the message or advertisement presented on the billboard. (Ord. 644. 12-13-99) i. Destruction. Any billboard destroyed by an act of nature shall be allowed to be rebuilt provided said billboard complies with or is capable of complying with all requirements of this subdivision. Nonconforming billboards shall not be allowed to be rebuilt. (Ord. 644. 12-13- m Subd. 7. Campaign Signs: Subject to Minnesota Statutes. the following regulations shall apply to all campaign signs for political candidates or issues: a. No more than one sign shall be erected per candidate or issue along each street frontage of any parcel ofland. Campaign signs shall not be allowed on public property. b. Campaign signs shall not exceed twelve (12) square feet and not exceed four feet (4') in height above the ground: except where such signs are located no closer than one hundred :fifty feet (150') to the property line of a residential dwelling. the maximum size shall be thirty two (32) square feet and the maximum height above the ground shall be six feet (6'). c. Campaign signs may be displayed from the last day of candidacy filing or thirty (30) days before an election. whichever is earlier. Page 27 . . . . Ordinance 679 ,ApriI18,2001 d. All campaign signs must be removed no later than five (5) days after an election: except that after a primary election.. signs for the winning primary candidates need not be removed until after the ensuing general election. (1988 Code 939.14; 1993 Code) Subd. 8. Home Occupation Signs. In the R-L R-2 and R-5 residential zoning districts. a sign not to exceed one (1) square foot is allowed to be displayed provided such sign is attached to the house or garage of the property on which the home occupation takes place. 1008.11 MISCELLANEOUS SIGNAGE REQUIREMENTS AND PROVISIONS Subd. 1. Signage Allowances for Specific Land Uses: Public or semi public recreational buildings and neighborhood and community centers'; public and private education institutions limited to elementary. middle and senior high schools: religious institutions. such as churches. chapels. temples, synagogues: nursing homes. senior assisted living facilities and commercial day care facilities; may be allowed the following signage: a. Wall signage not to exceed 100 square feet per principal building. b. Ground signage not to exceed 100 square feet subiect to Section 1008.10. Subd. Ie. Subd. 2. Traffic-Control Related Sign Regulations: Compliance with the following regulations relative to traffic control is required: a. No animated or moving sign shall be located or maintained within :fifty feet (50') of an intersection at which traffic semaphores are located. b. No sign shall be designed. located or maintained so as to be likely to obscure or conceal or cause confusion as to any traffic-control sign or device. c. No sign shall be located or maintained on or over any public street or highway right of way unless specifically permitted herein. d. There shall be no use of revolving beacons. zip flashers. flashing signs or similar devices that would distract automobile traffic so as to constitute a safety hazard. e. The sign shall be located or maintained so as not to interfere with the ability of drivers or pedestrians to see any crossroad or crosswalkl. (1988 Code 939.13) Subd. 3. Garage Sale. Estate Sale and Open House Signs: Garage sale. estate sale and open house signs and similar signs may be allowed to be located within a public right of way provided: a. The duration of the display of such sign shall not exceed three days. 1 See also Section 60.03 Subd. 3 of this Code regarding public nuisances affecting peace and safety. Page 28 . . . . Ordinance 679 . April 18, 2001 b. No part of such sign shall extend within five feet (5') of a traveled roadway. c. Such sign shall relate to or direct people to a residential property within the City. d. Such sign shall not exceed four (4) square feet in area and shall not obscure pedestrian or vehicle visibility or any traffic control sign or violate any other provision of this Code. specifically Subd. 2 hereof. Subd. 4. Area Identification Signs: The City Council at its discretion may allow for the placement of an Area Identification Sign to define a neighborhood. community. development, subdivision or multi-family complex and may require that: a. The applicant is a duly noted representative of the appropriate group or organization. b. The land upon which the sign is located has been dedicated for such a use by easement. plat or other legal and recordable instrument unless such sign would otherwise be permitted herein. c. A maintenance agreement be recorded which among other things would provide for the long term responsibility. care and maintenance of such sign. Subd. 5. Off-Site Directional Signs: Off-Site Directional signs may be permitted within a public right of way subject to approval of the City. written approval of the appropriate governmental agency having iurisdiction over the roadway (if not the City) and the written approval of the owner of the property to which the sign may be adiacent if applicable. 1008.12: PROHIBITED SIGNS: The following signs and sign types are prohibited in the City of Mounds View: Subd. 1. Flashing signs. as defined herein. Subd. 2. Signs. or lights attached to signs. which mimic or have an appearance similar to those on an emergency vehicle or a traffic control light. Subd. 3. Roof signs. unless integrally incorporated into the roof design.. then such sign shall be considered a wall sign. Roof signs in existence as of the date of enactment of this Code revision may be allowed to continue and may be repaired or maintained as needed. but may not be replaced except by variance. Subd. 4. Temporary or permanent advertising signs posted within public right of ways. excluding directional signs and signs expressly allowed herein and by other governmental agencies. Page 29 . . . . Ordinance 679 April 18,2001 Subd. 5 . Vehicles used as Signs. Vehicles or trailers that display advertising and are parked in such a way as to attract public attention shall be prohibited, except for signs on vehicles or trailers which are magnetic, decals or permanently painted upon the surface of the vehicle without obscuring any vehicle window area. Such sign shall not alter the profile or silhouette of the vehicle. Subd. 6. Nuisance Signs. Any sign considered a nuisance as defined herein shall be prohibited. The property owner of the land upon which the sign is located or the owner of the sign shall act to remove the sign or bring the sign into compliance upon notification of the City inspector. 1008.13 NONCONFORMING SIGNS: Any sign legally existin~ at the time of the passage of this ordinance that does not conform in use, location, height or size with the regulations of the zone in which such sign is located shall be considered a legal nonconforming use or structure and may continue in such status until such time as it is either abandoned or removed by its owner, subiect to the following limitations: Subd. 1. Structural alterations, enlargement or re-erection are permissible only where such alterations would not increase the degree of the nonconformity of the sign. Subd. 2. Any legal, nonconforming sign shall be removed or rebuilt without increasing the extent of the sign's nonconformity if it is damaged. Subd. 3. Any legal, nonconforming sign shall be removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds fifty percent (50%) of the replacement cost of the sign as determined by the City's Building Official. 1008.141008.09: ABROGATION AND GREATER RESTRICTION: Where the conditions imposed by any provisions of this Chapter are either more or less than comparable conditions imposed by any other code, rule or regulation of the City, the code, rule or regulation which imposes the more restrictive condition, standard or requirement shall prevail. (1988 Code 939.14) 1008.15 1008.10: VIOLATION OF PROVISIONS: Any person found violating any of the provisions of this Chapter shall be guilty ofa misdemeanor. (1988 Code S39.15) 1008.16 1008.11: SIGN VARIANCES: Subd. 1, A variance to the provisions of Section 1008 may be considered by the Board of Adiustment and Appeals to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner. Applications shall be submitted and reviewed in the same manner as indicated in Chapter 1125 of the Mounds View Zoning Code. (Ord. 644, 12-13-99) Page 30 . . . ... Ordinance 679 ., . April 18, 2001 a. Exceptional or extraordinary circumstances apply to the property '.vrnch do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof had no control. b. The literal interpretation of the provisions of this Title v;ould deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. c, That the special conditions or circumstances do not result from the actions of the applicant. d. That granting the variance requested '.vill not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. e. That the variance requested is the minimum variance 'Nhich 'Nould alleviate the hardship. f The variance \vould not be materially detrimental to the purpose of this Title or to other property in the same zone. g. Circumstances under '.vhich the literal interpretation of the provisions of this Title create an undue hardship on the applicant. Economic hardships may be a circumstance for issuance of a variance. (Ord. 585, 7 15 96) Subd. 2. Variance Requests; Fees: All requests shall be made in writing on the form provided by the City and the request shall include the fee specified in the City's Fee Charges. All information required when applying for a sign permit, as outlined in Section 1008.03, shall be required before the request for a variance is considered. (Ord. 585, 7-15-96) [The remainder of this page left intentionally blank.] Page 3 1 . e . . Ordinance 679 .April18,2001 SECTION 2: This Ordinance goes into effect thirty (30) days after its publication in the official City newspaper. First read by the City Council of the City of Mounds View on this 141h day of May, 2001. Read and passed by the City Council of the City of Mounds View on this 291h day of May, 2001. ~ Richard Sonterre, Mayor ATlliST: Ka(~ ~~dnllMrator (SEAL) APPROVED AS TO FORM: Motion: Marty Second: Thomas Santerre: Aye Stigney: Aye Quick: Aye Marty: Aye Thomas: Aye N:\DAT A\GROlJPS\COMDEV\Special Cases\Sp082-00 (Sign Code)\Ordinance 679.doc Page 32 \. Focus News AFFIDAVIT OF PUBLICATION ATE OF MINNESOTA) 55. J ~ f. COUNTY OF RAMSEY) Richard Roberts, being duly sworn on an oath states or affirms that he is the publisher or authorized agent and employee of the publisher of the newspaper known as Focus News, and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualifi- cation as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed (Official Publication) Citvof Mounds View Ordinance No. 679 which is attached, was cut from the columns of said newspaper, and was printed and published once each week, for ---1- successive weeks; it was first published on Thursday the -1- day of June, 2001, and was thereafter printed and published on every Thursday to and including the _ day of June, 2001; and printed below is a copy of the lower case alphabet from ~o Z, both inclusive, which is hereby acknowledged as being the size and kind type used in the composition and publication of the notice: abcdefghljklmnopqrstuvwxyz By: Title: Publisher Subscribed and sworn to or affirmed before me on thi ~'~:~ \, COLl.mE KAERCHER ROBERTS ~iOTARY PUBUC-MINNESOTA My Commission Expires Jan. 31,2005 (r c'/. ~ \ k Li'~~~r~ . Notary Public RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.55 per line ... for comparable space ..... 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