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Home My WebLink AboutOrdinance 769 ORDINANCE NO. 769 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 1008 RELATING TO SIGNS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Section 1008.01 of the Mounds View Municipal Code pertaining to "Purpose of Sign Regulation" is hereby amended with the proposed additions underlined and deletions +r~t: h. seflaeaersiaf signs are generally incompatible with residential uses and should be • strictly limited in residential zoning districts; and i. the right to express opinions in any zoning district must be protected, subject to reasonable restrictions on size, height, location and number. SECTION 2: Section 1008.02 of the Mounds View Municipal Code pertaining to "Definitions" is hereby amended with the proposed additions underlined and deletions s~uclE-eat: 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 s~ message legible off the premises shall be considered incidental. TEMPORARY SIGN: Any sign displaying a ~ message erected or maintained for a limited ~peci#ic 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. Ordinance 769 Page 2 • SECTION 3. Section 1008.03, Subd f of the Mounds View Municipal Code pertaining to "Sign Permit Exemptions" is hereby amended with the proposed additions underlined and deletions e~slF-etrt: f. National, state, regional, local, institutional or cultural flags. SECTION 4. Section 1008.05, Subd 2 of the Mounds View Municipal Code pertaining to "Sign Permit Fees" is hereby amended with the proposed additions underlined and deletions s#~slE-eta: Subd. 2. Waiver: ' , ' , Temporary sign permit fees shall be waived for civic or religious organizations. SECTION 5. Section 1008.07, Subd 5 of the Mounds View Municipal Code pertaining to "License Provisions" is hereby amended with the proposed additions underlined and deletions wok-eta: Subd. 5. Revocation: A license may be terminated and renewal thereof may be denied by the Council for violations of this Chapter or other applicable ordinances. • SECTION 6. Section 1008.09, Subd 2 of the Mounds View Municipal Code pertaining to Signs allowed by District, is hereby amended with the proposed additions underlined and deletions s#~ISk-eta: C] Sign Type R-1 R-2 R-3 R-4 R-5 R-C B-1 B-2 B~ B-4 1-1 RP CRP PUD Ground No No 32 32 32 200 200 200 200 a-88 100 Wall No No 64 64 No 32 100 100 100 100 100 488 100 " Projection No No No No No 8 24 24 24 24 No Window No No No No No No Yes Yes Yes Yes No late 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 Home C+ccu ation 1 1 No No 1 No No No No No No sale No No Campaign Yes Yes Yes ~ Yes Yes Yes Yes Yes Yes Yes Yes Ne No Yes Billboards No No No No No No No 700 ~ No U7 0 X88 700 700 Directional No No 4 4 4 4 4 4 8 8 8 3 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 Ordinance 769 Page 3 • SECTION 7. Section 1008.09, Subd 3 of the Mounds View Municipal Code pertaining to Ground Sign Height by District, is hereby amended with the proposed additions underlined and deletions ~t~eG~-et~t: R-1 R-2 R-3 R-4 R-5 R-O B-1 B-2 B-3 B-4 I-1 ~ CRP PUD ~'~ ~'~ 8 8 8 8 20 20!1 35 ~ 35 35 I31 35 35 L31 ~2~' L ~'~ No ground sign, other than home occupation, campaign, real estate, incidental and temporary signs shall be allowed in these districts. c2> Signage requirements within a PUD shall be as indicated by the PUD Narrative document. If no such document exists, signage shall be as allowed for a B-3 zoning District. c3~ Maximum billboard sign height in some locations is 45 feet. Refer to Section 1008.10 Subd 6 of this Code. SECTION 8. Section 1008.10, Subd 1f of the Mounds View Municipal Code pertaining to Ground Sign Requirements is hereby amended with the proposed additions underlined and deletions stfu~-et~t: f. Notwithstanding the provisions of Subd 6 of this Section, No more than one (1) pole or pylon sign shall be allowed per lot. However, the ground sign area allowance may be divided between one (1) pole or pylon sign and a monument sign or between multiple monument signs, subject to the requirements herein, provided that one (1) or more of the following conditions are applicable: SECTION 9. Section 1008.10, Subd 4(a) of the Mounds View Municipal Code pertaining to "Temporary Signs" is hereby amended with the proposed additions underlined and deletions ~: SECTION 10. Section 1008.10, Subd 6 of the Mounds View Municipal Code pertaining to Billboards is hereby amended with the proposed additions underlined and deletions ~sIE ~: 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; Ord. 679, 5-29-01) Ordinance 769 Page 4 • 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 IUP- ~^+nrim , E~° r,°rm~+ issued for an interim use billboard shall automatically expire no later than aes°~~~~'~ July 1, 2037 or earlier if so indicated in the resolution a~~rovinq the IUP ^r,.,h°r, +h° 1°^~° .~r,r°°.,-.°.,+fnr+ho . An 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; Ord. 679, 5-29-01; Ord. 708, 12-30-02) b. Location: The billboard must be located along US Highway 10 Feld-1-1~?. Interstate 35W. Old Hiahwav 8 or the south side of County Road 10, south of the intersection with Woodale Drive. The applicant must have an approved lease agreement with the property owner. The billboard shall be oriented towards the indicated rights of way. . Billboards must be located at least two hundred fifty 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; Ord. 679, 5-29-01) c. Minimum Spacing: The minimum spacing between Billboards must be at least • o°„°n h~ ~r„-Ir°ra fiffi, f°°} /7.(1'1 ,,,,r+ five hundred feet (500'), except on County Road 10, which shall be at least fifteen hundred feet (1,500'). 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; Ord. 679, 5-29-01; Ord. 708, 12-30-02) 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 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; Ord. 679, 5-29-01) 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 (35°). (Ord. 644, 12-13-99; Ord. 679, 5-29-01) Ordinance 769 Page 5 • f. Maximum Sign Height: The maximum allowable height of billboards shall be f~-five feet (35 45'), except for billboards located on County Road 10 or on Interstate 35W befiween County Road H2 and County Road I, in which cases the height shall be limited to thiriy-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; Ord. 679, 5-29-01) 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; Ord. 679, 5-29-01) nr,~ 644~~3 00 F~~~ted-ewe-bia~eafd { ford ~~o ~_~~ , . - - - , h. Maximum Number. The maximum number of billboards that may be located within the City at any one time shall be limited to ten (10). Anv billboard legally existing or permitted at the time that this ordinance is adopted may be removed and relocated consistent with the provisions of this Code. Any billboard in the process of being relocated at the time that this • ordinance is adopted shalt be counted among the maximum number allowed and shall be allowed to complete its relocation. i. Design Guidelines. Anv new or relocated billboard to be erected in the City shall incorporate design features consistent with the billboard design as approved by the City Council. SECTION 11. Section 1008.11, Subd 3 of the Mounds View Municipal Code pertaining to Garage Sale Signs is hereby amended with the proposed additions underlined and deletions st-rte-et~t: Subd. 3. RESERVED. ~'"'°^~ c~io ~~+.,+o c~ie ~.,,~ nnep u~~ ~~o e;,, ~: ~~~",e ~.,i~ Ordinance 769 Page 6 SECTION 12. Section 1008.12, Subd 4 of the Mounds View Municipal Code pertaining to "Prohibited Signs" is hereby amended with the proposed additions underlined and deletions st~slE-mot: Subd. 4. Temporary or permanent ad~vert+siRg signs posted within public right-of-ways, excluding directional signs and signs expressly allowed herein and by other governmental agencies. SECTION 13. Section 1008.13, Subd 3 of the Mounds View Municipal Code pertaining to Nonconforming Signs is hereby amended with the proposed additions underlined and deletions sk~s4~-ems: Subd. 3. Roof signs, unless integrally incorporated into the roof design, then such sign shall be considered a wall sign. Q^^f ei^^~ in ovi°+on^° ~~ ^f+ho ~-,+o ^f on,^+.,,on+ oc nociJar! h~ ~+ m~~i nn+ ho ronln^orl cv^cn+ hc. ~i~ri~n^o e SECTION 14. Section 1008.13 of the Mounds View Municipal Code pertaining to Nonconforming Signs is hereby amended with the proposed additions underlined and deletions at~slE-ems: 1008.13 NONCONFORMING SIGNS: Any sign, including a billboard, {egally existing at the time of the passage of this ordinance that does not conform +aa-use to the provisions of this Ordinance shall be considered a legal nonconforming uses +r,;e sign and may be continued ;n ~„,.h ~+..+„~ ..n+i~ ~..,..h +imo ,~ i+ i~ of+hor includingt through repair, replacement, restoration, maintenance, or improvement but not including expansion. "Expansion" shall be defined as any structural alterations chance or addition that is made outside of the original sign structure or design. Ordinance 769 Page 7 • Subd. 1. sin-Nothing in this Ordinance shall prevent the return of a sign structure that has been declared unsafe by the Building Official to a safe condition. Subd. 2. , ' .When any lawful nonconforming sign is discontinued for a period of more than one (1) year, or is chanced to a conforming sign, any future sign shall be in conformity with the provisions of this Ordinance. Subd. 3. Any legal, nonconforming sign shall be removed and shall not be repaired, replaced, restored, or rebuilt if it is ~"~~~~°~' *^ ~°*°rir,ro+o +~ +ho e.,+or.+ 0 nh~~'~p~~s~cc~rr~Ted--~y-#~. ' .damaged by fire or other similar peril to the extent of greater than fifty percent (50%) of its market value at the time of destruction and no sign permit or building permit (if applicable) has been applied for within 180 days of the date of destruction. The City's Building Official shall be responsible for making the determination whether a • nonconforming sign has been destroyed greater than fifty percent (50%) of its market value at the time of destruction. In making this determination, the Building Official shall consider the market value of the entire sign at the time prior to the destruction and the replacement value of the existing sign. In the event a building permit is applied for within 180 days of the date of destruction and the sign did not withstand damage greater than fifty percent (50%) of its market value at the time of destruction, the City may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent properties. Subd. 4. A lawful nonconforming sign shall not be changed to a similar nonconforminc sign or to a more restrictive nonconformina sign. SECTION 15. This ordinance shall take effect thirty days after the date of its publication. First reading by the City Council of the City of Mounds View on this 13th day of March, 2006 Second reading by the City Council of the City of Mounds View on this 27th day of March, 2006. Ordinance 769 Page 8 Adoption by the City Council of the City of Mounds View on this 8th day of May, 2006. ~~~ Rob arty, Mayor ATTEST: <~ `~~ rt Ulrich, City Administrator (SEAL) • Approved as to form: Mound~/Vi~vir ~~I~At{orney • Billboard Overlay Zones -Existing and Proposed - -- -- ---- ---~ ~*- _ A U P~ T f'R D J [S t, ','~ ~ri ~~ ial~~ D BILLBOARDS PERMITTED ONLY in B-2, B-3, I-1, CRP and PUD Zoning Districts in accordance with this map. ~_ ~~~~ i~SC G ?S] feet i ~.'f n. .~ s+., ,rEiik ~;: ~]L~~~ ~ k ~: Lt ~ ~ f ~a iF 4 ?~ - ~~ ~Y t r I.~E~~ND Existing -- Frontage Allowed: Proposed Frontage '(L.~ ~Y N ~.: • State off 11~Iinnesota ~ SS County of Ra>rnsey JESSICA ITALIANO being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NF,W RRTC;HTnN RITi,LF.TTN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed. ORDINANCE which is attached was cut from the columns of said newspaper, and was printed and published once each TH week, for I successive weeks; it was first published on WED. ,the 17 day of MAY , 20 06 ,and was thereafter printed and published on every to and including ,the day of , 20 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: 'ABCD E FGH IJ KLMNOPORSTUV WXYZ *ABCDEFGHIJKLMNOPORSTUVWXYZ 'abcdefghijklmnopq rstuvwxyz Subscribed and sworn to before me on TH t is I~ day of MAY , 20 06 Notary Public *Alphabet should be in the same size and kind of type as the notice. „-~.nn~nnnnnnin ~``~ TONYA R. ~iIHITEHEAD ~&~~ Notary Publ;c-Minnesota RATE INFORMATION >~. ;~s• My commission Expires Jan 31, 2010 (1) Lowest classified rate paid by commercial users for comparable space ............................................................$24.00 per col. inch (2) Maximum rate allowed by law for the above matter ...........................................$23.03 per col. inch (3) Rate actually charged for the above matter .......................................................$ per col. inch 1 /06 • .OFit11NA1~CE .SUMMARY " " , ' ORDMIANCE NO.769 CITY OF MOUNDS VIEW COUNTY OF<AAMSEY STATE OF MINNESOTA" %EfH OKiDiNANCE AfYfENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 1006 RELATING TO SIGNS Orr May 8; 2006, the Mounds View City Council adopted an ordinance which amends Chapter iQ08 of the City Code relating to Billboards and Signs. Many of the Changes. to the City's sign code were adopted to .make the regulaCwns more .consistent with First Amendment rights and free speech issues in light of recent court cases and local legal challenges. These changes generally eliminated lan- guage, which regulated signs on the basis __ ~ ' of their coritetrt ~'he end res4fr. o'f the . es igih~ tl1e~~gtleahas pp~r ~toregulet® s~~itaelf ~n"'the messag®s -~thr3 "oOnterrt") ~~t "appear on said signs°flye ottii3r adopted - ,changes; allow for greater 'fte~dbil'~ty Nt refaceting billboards wi0rin the comrttum- iiyi.• The Code, W$~' arr~nded to permit. bilN~ards in the 132;;83; li, PUD end CRP'. zoning EGG trios along 351iK U8 Highway ;10, Oki. M~hway 8 and ~e ~rnlth side of County Road 10 south iof the Woodale irrtarse~ion~' The full end complete text :o ;; ' * ~ ordin- ance along wkh a suppleme ' ' map is on file at'tfe olfiCe of the. Cl Adnlin- istratot and is posted irrits soli .' ty on the City's website, ioc~t~%i ~: ~ www.ci.moundsrv~B'W_mn uaMrds%769:ndf ' IEurtUkich, ;,City Cf~dminietrator (BuUeiet: May 17; 2006) ^' ~r. •