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HomeMy WebLinkAbout12-06-1995 • MOUNDS VIEW PLANNING COMMISSION DECEMBER 06, 1995 7:00 P.M. AGENDA 1. Call to Order 2. Roll Call 3. Review and Approval of Minutes: November 1, 1995 4. Citizens Requests and Comments from the Floor: CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 5. Consideration of Resolution No. 434-95, Establishing Meeting and Timeline Submission Dates for 1996 • 6. Staff Report 7. Chairman's Report 8. Adjournment AGENDA SESSION (Immediately Following Regular Meeting) 1. Informal discussion with Terry Malley, General Manager of Development Resource Group Inc. Regarding 7295 Silver Lake Road property. 2. Continued discussion of Sign Ordinance revision 1111 PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 1, 1995 Mounds View City Hall 2401 Highway 10, Mounds View., MN 55112 The Mounds View Planning Commission was 1. Call To Order called to order by Chair Peterson at 7: 00 p.m. on November 1, 1995 MEMBERS PRESENT: Commissioners 2. Roll Call Stevenson, Miller, Ruggles, Nelson, Colleen, and Chair Peterson. Commissioner Johnston had an excused absence. ALSO PRESENT: Planner Harrington, Councilmember Trude and Recording Secretary Benesch were also present. Councilmember Trude noted a change that 3 . Approval of • was needed on the second page under Minutes: Report of Chair, second paragraph to October 4, 1995 read " . . . .announced that she had been contacted by residents who wished to discuss amending of the nuisance ordinance. The Chair noted a full agenda was planned for the next work session" . Motion/Second: Nelson/Colleen to approve the minutes of October 4, 1995, as amended. 6 ayes 0 nays Motion Carried There were no resident requests or 4. Resident comments from the floor. Requests and Comments The applicant, Robert Yentsch, was 5. Consideration present. of Resolution Nos. 427-95, Planner Harrington briefly reviewed this 428-95, and item noting that the applicant proposes 429-95 to construct driveways at 5308/5312 , Regarding 5324/5326 and 5364/5366 Raymond Avenue Variance Requests by Mounds View Planning Commission November 1, 1995 Regular Meeting Page 2 • and is requesting less than the five Robert Yentsch, foot setback allowed by Code. 5308/5312, 5324/5326 and Planner Harrington reminded the 5364/5366 Commission that this item was discussed Raymond Avenue, at their October 18th agenda meeting and Planning Case it was concluded that no other Nos. 424-95, reasonable alternative exists and the 425-95 and 426- Commission directed Staff to prepare 95. three resolutions for approval to include a couple of contingencies. The first being that the applicant is to provide a Certificate of Survey for the properties prior to construction of the driveway. It was noted that the applicant was in possession of two surveys and will be obtaining the third. Planner Harrington informed the applicant that building permits could not be issued until the surveys were provided. In addition, the resolution would include that in the event of • necessary City work, costs for repair of that portion of the driveway surface located within the City-maintained easement shall be the responsibility of the property owner. Motion/Second: Nelson/Stevenson to approve Resolution No. 427-95 regarding the variance request of Robert Yentsch, 5308/5312 Raymond Avenue. It was noted by the applicant that, after review of the surveys, it was found that one of the driveways will need to be altered one foot and that one of the buildings is skewed on the property, so the proposed driveway will be adjusted accordingly. Motion Carried 6 ayes 0 nays Motion/Second: Ruggles/Miller to approve Resolution No. 428-95 regarding the variance request of Robert Yentsch, 5324/5326 Raymond Avenue. Motion Carries 6 ayes 0' nays Mounds View Planning Commission November 1, 1995 •egular Meeting Page 3 Motion/Second: Miller/Peterson to approve Resolution No. 429-95 regarding the variance request of Robert Yentsch, 5364/5366 Raymond Avenue. 6 ayes 0 nays Motion Carried Planner Harrington informed the applicant that this was the final action for this case and the next step would be the permit process when the additional survey is obtained. The applicant, Larry Beach, was present. 6. Consideration of Resolution Planner Harrington reviewed this item No. 430-95 and reminding the Commission that Mr. Beach 431-95 has made similar proposals in the past. Regarding He noted that Mr. Beach is requesting to Rezoning and rezone Lots 10 and 11, Spring Lake Park Zero Lot Line . Knolls, from R-1 to R-2 and that this Subdivision item meets the criteria required in the Requests by Zoning Code and Comprehensive Plan. Larry Beach, Planner Harrington reminded the Planning Case Commission that, per their direction at No. 428-95 the October 18th meeting, he had prepared Resolution Nos. 430-95 and 431- 95. He advised the Commission that this item will require two actions, the first being the rezoning and then the zero lot line subdivision. Motion/second: Nelson/Miller to approve Resolution No. 430-95 regarding the rezoning request by Larry Beach for the property located at 2801 and 2809 Bronson Drive from R-1 to R-2. It was explained that the rezoning will require a public hearing and that the ordinance will require two readings with the publication taking 30 days. 6 ayes 0 nays Motion Carried . Planner Harrington continued the discussion moving to the next request for a zero lot line subdivision. He explained that for side-by-side Mounds View Planning Commission November 1, 1995 Regular Meeting Page 4 • dwellings, the code allows for zero lot line subdivisions and assured the Commission that the proposed lots meet the minimum lot width of 50 feet. Planner Harrington concluded stating that, again, this item was very similar to previous cases approved for Mr. Beach. Motion/Second: Nelson/Colleen to approve Resolution No. 431-95 regarding the zero lot line subdivision request by Larry Beach for 2801 and 2809 Bronson Drive. Commissioner Stevenson suggested that the Commission should include wording in the resolution as to why the building is not centered on the lot. It was pointed out that the building- would be constructed this way to save trees located on the property. Planner 411Harrington explained that the building can be located anywhere on the lot as long as it is within setback requirements. Additional discussion developed regarding the lot north of Mr. Beach's last townhome. Mr. Beach reported that he was informed that this lot would need Rice Creek Watershed District approval in order to develop it. Mr. Beach also expressed concern about what would be built on the lot because he did not want his townhome property values to depreciate. He emphasized he wanted to make sure permits were obtained for any construction that may take place. Mr. Beach raised another concern regarding the lighting along Silver Lake Roadin the area of his townhomes. Mr. Beach was advised to contact Dawn Postundensek at City Hall for information regarding a street light petition. 6 ayes 0 nays Motion Carried Mounds View Planning Commission November 1, 1995 •egular Meeting Page 5 Planner Harrington informed Mr. Beach that this item would be discussed at the November 13th Council meeting and that the public hearing for the rezoning would be held on November 27th.. Following discussion of this item, Mr. Beach expressed to the Commission that he is looking for additional lots to build on. Mr. Beach was advised to contact Jennifer Bergman at City Hall to set up a meeting to talk about lots that are available in Mounds View. The applicant, North Star Land 7. Consideration Services/U.S. West was not present. of Resolution No. 432-95 Planner Harrington summarized the Regarding request by North Star Land Services/U.S. Conditional Use West regarding the construction of a Permit Request • public utility structure at 2280 Highway by North Star 10. He reminded the Commission that Land Services/ last spring approval was given by the U.S. West, 2280 Planning Commission to locate a similar Highway 10, building of this type to service Mounds Planning Case View Business Park North and that this No. 427-95 proposed building would service Mounds View Business Park South. Planner Harrington noted that this item was discussed at the October 18th meeting and that he has prepared Resolution No. 432-95. He listed the conditions included in the resolutinn_: the applicant shall provide the City with an easement agreement, signed by the property owner, for the parcel upon which the structure will be located and that landscaping around the structure shall be provided as directed by the City Forester. It was noted that it would be the owner's responsibility for the landscaping. Motion/Second: Nelson/Stevenson to approve Resolution No. 432-95 Regarding the conditional use permit request of • North Star Land Services/U. S. West, 2280 Highway 10. Mounds View Planning Commission November 1, 1995 Regular Meeting Page 6 • 6 ayes 0 nays Motion Carried The applicant, Brian Daniels, was not 8. Consideration present but he had contacted Mr. of Resolution Harrington and expressed that he was not No. 433-95 able to be present but wanted his item Regarding to move forward. Conditional Use Permit Request Planner Harrington explained that the by Brian applicant has constructed an addition to Daniels, 7280 his existing garage without a permit so Silver Lake he was not aware of the size limitation. Road, Planning Mr. Daniel's existing garage was 864 Case No. 430-95 square feet and he constructed an addition of 384 square feet for a total of 1,248 square feet. Code requires that anything exceeding 864 square feet requires conditional use permit approval with the maximum allowed by Code at 1,264 square feet. Planner Harrington also pointed out that if a structure • exceeds 1, 000 square feet, no other accessory buildings are allowed on the property. Planner Harrington continued by explaining that Mr. Daniels currently has a shed that would need to be removed and that, as discussed at the October 18th meeting, a cash escrow would be required to assure removal of the shed. Planner Harrington reviewed the conditions included in the resolution stating that the conditional use permit shall be recorded with Ramsey County, the building shall be designed and maintained to provide a uniform appearance with the dwelling unit, and the existing 10'x10' shed located adjacent to the proposed structure shall be removed from the property no later than July 1, 1996 and that a $1, 000 deposit shall be made by the applicant to ensure compliance with this condition. It was noted that the applicant, Mr. Daniels, was informed that a deposit • will be required. Mounds View Planning Commission November 1, 1995 ()Regular Meeting Page 7 Motion/Second: Ruggles/Miller to approve Resolution No. 433-95 regarding the conditional use permit request of Brian Daniels, 7280 Silver Lake Road. A couple of concerns were raised by the Planning Commission regarding compliance with Item B of the resolution, ". . .providing a uniform appearance with the dwelling unit", about the current condition of the garage being an "eyesore", what repercussions would Mr. Daniels face for constructing the addition without a permit, and will inspections still be required even though the structure has been built. Planner Harrington assured the Commission that the City would follow up on these items and pointed out that when construction occurs without a building 0 permit, the fees are doubled and reassured them that any inspections required will still be conducted. It was also asked that if the applicant is in violation of the Home Occupation ordinance, will he be subject to an administrative offense and Mr. Harrington stated that he would be. One final question regarding this item was raised by the Planning Commission as to whefhPr or not this property was located within a wetland. Planner Harrington informed the Commission that this property was not located directly within the wetland, and therefore, no wetland permit is required. It was noted, however, that the property was within the 100' wetland buffer area. 6 ayes 0 nays Motion Carried Planner Harrington informed the 9. Staff Report • Commission that at the next agenda session the Sign Ordinance will be discussed. He also mentioned that every business in the City was invited to a Mounds View Planning Commission November 1, 1995 Regular Meeting Page 8 • meeting to discuss the sign ordinance and that 11 of the 155 businesses were represented at the meeting. Members present at the October 18, 1995, 10. Report of Chair agenda session included Commissioners Johnston, Nelson, Colleen, Stevenson, Ruggles and Chair Peterson. Commissioner Miller had an excused absence. Commissioner Miller informed the Commission that she will not be in attendance at the next agenda meeting. There being no further business before 11. Adjournment the Commission, Chair Peterson adjourned the meeting at 7:50 p.m. 410 Respectfully Submitted, Paul Harrington Community Development Coordinator MEMOD,NDU l�i�:♦iiLau 1 ✓l�♦ TO: PLANNING COMMISSION FROM: JOYCE PRUITT,PLANNING ASSOCIATE DATE: November 27, 1995 SUBJECT: 1996 MEETING AND SUBMITTAL DATE CALENDAR The attached resolution and calendar are provided for consideration by the Planning Commission. Each year the Planning Commission adopts a calendar by resolution which sets all meeting dates for the upcoming year. In addition, dates are set for the submission of planning application materials. This ensures that Staff has sufficient time to review and comment on requests which are submitted. 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Conditional uses in a B-1 District include professional and commercial offices provided that (a) the traffic generated will not raise traffic volumes beyond the capacity of surrounding streets and (b) the architectural appearance of the building housing the office use shall reflect the building character of the area. • In January 1994, the Planning Commission approved a Conditional Use permit request by Birchwood Realty for 7295 Silver Lake Road with three conditions. A staging timeline, entitled Exhibit 1, was presented as one of these conditions. Attached you will find the Planning Commission and City Council resolutions approving the Conditional Use Permit request. Many of the items on Exhibit 1 are items which Kent Allen proposed to improve the aesthetics of the property, and many have been completed. Mr. Malley is interested in purchasing the 7295 Silver Lake Road property for the Development/Resource group Inc., which specializes in providing experienced software and discussion with the Planning Commission in order to introduce himself, his business, and his intentions for the property. If you have any questions, please do not hesitate to contact me at 784-3055. • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 356-93 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOMMENDATION TO THE CITY COUNCIL REGARDING CONDITIONAL USE PERMIT REQUEST BY BIRCHWOOD REALTY 7295 SILVER LAKE ROAD, PLANNING CASE NO. 357-92 WHEREAS, Birchwood Realty has requested City approval to locate a real estate sales and closing office at 7295 Silver Lake Road; and WHEREAS, the property is currently zoned B-1, Neighborhood Commercial District; and WHEREAS, the Mounds View Municipal Code allows for certain professional office uses in a B-i zone district with the issuance of a conditional use permit; and • WHEREAS, the Planning Commission has determined that the development proposal is in conformance with the requirements of the Municipal Code, specifically Chapter 40 . 16 Subdivision D (2) . NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit with the following conditions: 1. The operation be subject to the staging timeline provided with the applicants letter of request and attached to this resolution as Exhibit 1. • 2 . Landscaping and Parking on the site will be completed according to the plans received December 21, 1992 by the City of Mounds View and designated as Exhibits 2 and 3 . The improvements listed on these plans shall be completed according to the aforementioned staging timeline. 3 . The Conditional Use Permit shall be recorded with Ramsey County within 60 days of City Council approval. • • RESOLUTION NO. 356-92 PAGE TWO BE IT FINALLY RESOLVED THAT the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of Januar 1993 . 7 ATTEST: �' / �/ � /f/ Lx_.( 664 Chairman (SEAL) /- 7- _ 7, / ( Planner • • • EXHIBIT 1 • Building remodeling is planned for both the inside and outside of the building. This remodeling is planned to be done in three stages as the budget and needs will allow. The following is a breakdown of planned repairs and improvements by stage. STAGE ONE INSIDE - to be accomplished within 4 months of closing on or about June 1, 1993 . 1) gut interior to the exterior walls 2) relocated main breaker boxes, remove excess equipment, rewire interior to meet current needs 3) add new stud walls 4) ceramic foyer entry 5) linoleum in kitchen/bathroom areas 6) carpet main office 7) new drop ceiling 8) new plumbing and fixtures in rest room 9) new water heater 10) new heating ducts 11) paint interior 12) sheetrock new walls 13) . insulate exterior walls • 14) telephone system wiring 15) neon signs for window (area to be included in the 100 square foot signage maximum) STAGE ONE OUTSIDE - to be accomplished within 4 months of closing on or about June 1, 1993 . 1) site clean-up and debris removal 2) parking lot - remove weeds, patch holes, hot fill cracks, seal coat parking lot and restripe 3) new sign for building front 4) remove wood structure at rear of building 5) remove graffiti from building 6) repair leaks in roof 7) repair awning and paint to burgundy (same as for sale sign) 8) replace outside overhang lights STAGE TWO INSIDE - to be accomplished between October 1993 and December 1994 . 1) new interior furnishings 2) finish second rest room 3) wallpaper interior 4114) tinting for windows STAGE TWO OUTSIDE - to be accomplished between October 1993 and 1) new freestanding sign • 2) flag pole on building 3) install flower beds (petunias) on boulevards 4) redesign and replace concrete apron 5) add new wheelchair access 6) install trees and flowers per the landscaping plan received December 21, 1992 and referenced in the attached resolution as Exhibit 2 • STAGE THREE INSIDE - to be accomplished in 1995 . 1) complete purchase of new furnishings STAGE THREE OUTSIDE - to be accomplished in 1995. 1) remove bituminous form north side of building and out back to grass 2) resurface parking lot from rear of building forward excluding rear lot 3) build airlock entry at building front 4) replace awning cover 5) install shrubs on north side of building (after bituminous is removed) , per the landscaping plan received December 21, 1992 and referenced in the attached resolution as Exhibit 2 . All repairs and improvements to be in compliance with existing city codes. Repairs to be performed by the owner or licensed contractors when required. • • RESOLUTION NO. 4340 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE REQUEST BY BIRCHWOOD REALTY, INC. FOR A CONDITIONAL USE PERMIT TO LOCATE AND OPERATE A REAL ESTATE SALES AND CLOSING OFFICE AT 7295 SILVER LAKE ROAD, PLANNING CASE NO. 357-92 WHEREAS, Birchwood Realty has requested City approv- al to locate a real estate sales and closing office at 2795 Silver Lake Road, legally known as Tracts F & G, Registered Land Survey No. 153 , files of Registrar of Titles, County of Ramsey, State of Minnesota; and WHEREAS, the property is currently zoned B-i, Neigh- borhood Commercial District; and WHEREAS, the Mounds View Municipal Code allows for certain professional office uses in a B-I zone district with the issuance of a conditional use permit; and • WHEREAS, the Mounds View Planning Commission has determined that the development proposal is in conformance with the requirements of the Municipal Code and has recom- mended approval of the request in Resolution No. 356-92 ; and WHEREAS, the Mounds View City Council has reviewed the request and found it to be in conformance with all appli- cable sections of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the requested conditional use permit with the following conditions: 1. The operation be subject to the staging timeline • provided with the applicants letter of request and attached to this resolution as Exhibit 1. 2 . Landscaping and Parking on the site will be complet- ed according to the plans received December 21, 1992 by the City of Mounds View. The improvements listed on these plans shall be completed according to the aforementioned staging timeline. 3 . The Conditional Use Permit shall be recorded with Ramsey County within 60 days of City Council approv- 110 al. RESOLUTION NO. 4340 PAGE TWO Adopted this 25th day of January, 1993 . ATTEST: f�P��40111111.111%, ` a (SEAL) \\62-7-170) 0 Clerk-A.a inistrator EXHIBIT 1 QCllA1'1r1 ' . 4 4 'a V� y �.a Building remodeling is planned for both the inside and outside of the building. This remodeling is planned to be done in three stages as the budget and needs will allow. The following is a breakdown of .planned repairs and improvements by stage. STAGE ONE INSIDE - to be accomplished within 4 months of closing on or about June 1, 1993 . 1) gut interior to the exterior walls 2) relocated main breaker boxes, remove excess equipment, rewire interior to meet current needs 3) ' add new stud walls 4) ceramic foyer entry 5) linoleum in kitchen/bathroom areas 6) carpet main office 7) new drop ceiling 8) new plumbing and fixtures in rest room 9) new water heater 10) new heating ducts 11) paint interior 12) sheetrock new walls 13) insulate exterior walls 014) telephone system wiring 15) neon signs for window (area to be included in the 100 square foot signage maximum) STAGE ONE OUTSIDE - to be accomplished within 4 months of closing on or about June 1, 1993 . 1) site clean-up and debris removal 2) parking lot - remove weeds, patch holes, hot fill cracks, seal coat paring lot and restripe 3 ) new sign for building front 4) remove wood structure at rear of building 5) remove graffiti from building • 6) repair leaks in roof 7) repair awning and paint to burgundy (same as for sale sign) 8) replace outside overhang lights STAGE TWO INSIDE - to be accomplished between October 1993 and December 1994 . 1) new interior furnishings 2) finish second rest room 3) wallpaper interior 4) tinting for windows STAGE TWO OUTSIDE - to be accomplished between October 1993 and December 1994 . 1) new freestanding sign . 2) flag pole on building 3) install flower beds (petunias) on boulevards 4) redesign and replace concrete apron 5) add new wheelchair access 6) install trees and flowers per the landscaping plan received December 21, 1992 and referenced in the attached resolution as ' Exhibit 2 STAGE THREE INSIDE - to be accomplished in 1995 . 1) complete purchase of new furnishings STAGE THREE OUTSIDE - to be accomplished in 1995. 1) remove bituminous form north side of building and out back to grass 2) resurface parking lot from rear of building forward excluding rear lot 3) build airlock entry at building front 4) replace awning cover 5) install shrubs on north side of building (after bituminous is removed) , per the landscaping plan received December 21, 1992 and referenced in the attached resolution as Exhibit 2 410 All repairs and improvements to be in compliance with existing city codes. Repairs to be performed by the owner or licensed contractors when required. • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 434-95 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ESTABLISHING MEETING AND TIMELINE SUBMISSION DATES FOR 1996 WHEREAS, the Mounds View Planning Commission will be holding two business meetings per month during 1996 with the exception of Special Meetings; the first being a regular meeting and the second an agenda session; and WHEREAS, the Planning Commission has requested to review regular business meeting agenda items at their agenda session, a minimum of two weeks prior to the regular business meeting; and WHEREAS, developers, citizens or other interested parties should be advised of deadlines for materials used by staff to prepare a report and used by the Planning Commissioners to decide on a particular development issue; and WHEREAS, a display of meeting dates and submission • deadline dates be established to provide an orderly system for use by the Planning Commission, staff and general public; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View establishes meeting and submission timetable dates setting deadlines for submission of materials for agenda sessions of the Planning Commission and also setting the dates of the regular business meetings and agenda sessions; BE IT FURTHER RESOLVED that Exhibit 1 becomes an integral part of this resolution; BE IT FINALLY RESOLVED that if the Planning Commis- sion is required to or desires to hold special meetings, they will do so in accordance with State law, Code requirements and the Bylaws. Adopted this 6th day of December, 1995. ATTEST: Chair (SEAL) • Planning Associate MEMORANDUM iDUilli. $ TO: PLANNING COMMISSION FROM: JOYCE PRUITT, PLANNING ASSOCIATE DATE: November 29, 1995 RE: DISCUSSION OF SIGN CODE REVISIONS As directed by the Planning Commission, staff has provided copies of various sign ordinances for review and consideration in drafting the Mounds View sign ordinance. Attached you will find the following items: • City of Mounds View Sign Ordinance • City of Fridley Sign Ordinance • City of Wayzata Sign Ordinance • City of Apple Valley Sign Ordinance • City of Eagan Sign Ordinance • City of Minnetonka Sign Ordinance • City of New Brighton Sign Ordinance Staff has also researched cities which regulate the placement of signs along county highways. At the appropriate time, the Planning Commission may wish to consider reviewing the following sample ordinances for highway signage requirements: Apple Valley, Blaine, Bloomington, Brooklyn Park, Coon Rapids and Vadnais Heights. The revised list of Sign Code Issues has been attached as well, which reflects the desired changes discussed during the November 15, 1995 Agenda Meeting. If you have any questions, please do not hesitate to contact me at 784-3055. 1008.01 1008.01 CHAPTER 1008 SIGNS AND BILLBOARDS • SECTION: 1008.01: Definitions 1008.02: Building Permit Required; Exceptions 1008.03: Application for Permit 1008.04: Permit Fees; Waiver 1008.05: Issuance of Permit; Conditions 1008.06: Sign Installer's License Provisions 1008.07: Maintenance of Premises 1008.08: Location, Design and Construction Standards 1008.09: Abrogation and Greater Restriction 1008.10: Violation of Provisions 1008.01: DEFINITIONS: The following terms have the meanings ascribed to them in this Section: Subd. 1. BANNER: An attention-getting device, the materials of which consist of paper, cloth or of other man-made materials and which are of • temporary nature. Subd. 2. BILLBOARD: An advertising sign located off the premises where the advertised product is sold or offered. It is usually, but not necessarily, owned by an advertising company. Subd. 3. BUSINESS OCCUPANT: An individual or group of individuals owning, renting or leasing a building or part thereof to conduct a business separate of others. Subd. 4. 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 two (2) posts or shafts that merge or touch at the base or which are not more than fifteen feet (15') apart, center of shaft to center of • City of Mounds View 1008.01 1008.01 shaft, with 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 have a sign area of more than three hundred forty (340) square feet on each side. Such sign may advertise only businesses located on the premises. No business property shall have more than one pedestal sign adjacent to each street upon which such business property abuts; provided, that on each street frontage of more than one hundred feet (100'), one 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 two (2) sides, c) is not more than four feet (4') in width 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 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 pedestal sign. No pedestal sign shall be so designed as to have both a) moving parts, and b) moving or blinking lights. In addition to the pedestal signs permitted by the foregoing provisions of this subdivision, a sign advertising a public telephone may be located in the area ahead of the building setback line on the structure in which such public telephone is located. Subd. 7. PORTABLE SIGN: A back-to-back, mobile advertising device which may be mounted on wheels and used for commercial as well as civic promotions. Subd. 8. PROJECTING SIGN: A sign other than a wall sign suspended from or • supported by a building or structure and projecting out therefrom. Subd. 9. ROOF SIGN: A sign erected upon or above the roof or parapet wall of a building or structure. Subd. 10. 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. Subd. 11. SIGN, ADVERTISING: 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: Subd. 12. 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 each letter, figure or symbol displayed thereon. • City of Mounds View 1008.01 1008.02 411 Subd. 13. SIGN, DIRECTIONAL: 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 which the sign is located. Subd. 14. SIGN, FLASHING: Any illuminated sign on which 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, IDENTIFICATION: 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. Subd. 16. SIGN, ILLUMINATED: Any illuminated sign on which the artificial light is maintained stationary and/or constant in intensity and color at all times when such sign is in use. Subd. 17. TEMPORARY SIGN: A sign so designed as to be movable from one location to another and which is not permanently attached to the ground, a sign structure or a building. • Subd. 18. WALL SIGN: A sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall. (1988 Code §39.01) 1008.02: 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 1008.01 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 §39.02) Subd. 2. Exceptions: Permits need not be obtained, but the other provisions of this Chapter shall be observed, for the following types of signs: 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 of the occupant, which sign shall not exceed two (2) square feet in area. • City of Mounds View 1008.02 1008.03 c. A sign on property on which 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, which sign shall not exceed ten (10) i square feet in area. d. A wall sign advertising the business located in the building upon which displayed, where such sign is erected by the owner or proprietor of the business located therein. e. A campaign sign as provided for in subdivision 1008.08(12) of this Chapter. (1988 Code §39.03; 1993 Code) 1008.03: 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. Subd. 8. A statement as to whether the sign will be illuminated or not. Subd. 9. A statement as to whether any electric lights on the sign will be "moving" or blinking. Subd. 10. A statement as to whether the sign will be single-faced, double-faced or multi-faced. City ofMounds View • 1008.03 1008.06 Subd. 11. 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) 1008.04: PERMIT FEES; WAIVER: Subd. 1. Fee: The application for a permit shall be accompanied by the required permit fee. The permit fee shall be established by resolution of the City Council. (1988 Code §39.10) Subd. 2. Waiver: The Council may, in its direction, waive the fee required by this Section where the signs are to be erected by civic or religious organizations. (1988 Code §39.11) 1008.05: ISSUANCE OF PERMIT; CONDITIONS: Subd. 1. Issuance: Upon presentation of application, permit fee, plans and specifications and other required information, the sign construction permit shall be issued by the Clerk-Administrator, except as provided in subdivision 2 of this Section. • Subd. 2. Special Approval from Council: In the case of an application for a sign requiring a special permit or which will be illuminated or moving or of unusual height, size, design or location, the Clerk-Administrator shall refer such sign to the Council for approval. No permits for any such sign, so referred, shall be issued without first obtaining the approval of the Council. (1988 Code §39.14) 1008.06: 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 permit to install a sign in connection with such business unless he first is licensed by the Municipality to do so. (1988 Code §34.04) 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 §34.05) Subd. 3. Liability Insurance: Any person holding a licensee shall file with the Clerk-Administrator policies of public liability and property damage • City of Mounds View 1008.06 1008.08 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 any one • 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 any one accident, and property insurance in the amount of not less than fifty thousand dollars ($50,000.00). (1988 Code §39.07) Subd. 4. Expiration: Licenses shall be issued on an annual basis, with the license year running from July 1 through the following June 30. (1988 Code §39.08) 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 §34.06) 1008.07: 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 §39.12) 1008.08: LOCATION, DESIGN AND CONSTRUCTION STANDARDS: Subd. 1. General Standards: Every sign shall conform to the standards of this • Section whether or not a permit therefor is required, and nothing contained herein shall be construed as modifying or repealing any of the provisions of this Code relating to zoning'. 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 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. City of Mounds View • 1008.08 1008.08 Sc. No sign erected before the effective date hereof shall be rebuilt, altered or removed to a new location without being brought into compliance with the requirements hereof. 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, which number shall be posted on the exterior surface of the sign structure in a location where such information will be readily visible after the sign is constructed. g. All signs and sign structures shall be maintained in a safe 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. Each sign shall be used and maintained only in the manner permitted -and subject to the conditions imposed at the time the permit therefor was granted. i. The following additional conditions shall be observed: (1) No ground sign (except temporary signs, portable signs or banners), signboard or billboard 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 within six feet (6') of the side of any lot nor nearer than fifteen feet (15') to any street line where there is no established or customary building line nor within twenty five feet (25') of any street corner right of way. Whenever 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 the street than the established or customary uniform building line'. (2) The owner, lessee or occupant of the land on which the ground 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. 1. See subd. 604.03(3)b of this Code for billboards obstructing public ways. • 1294 City of Mounds View 1008.08 1008.08 (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 which extend into the ground protected from decay by treatment with a preservative approved by the Building Inspector. (4) 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; provided, that the Council may grant a special permit therefor if the owner of such residence gives his written 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 highway, but no part thereof shall extend over such right of way. (6) No sign shall exceed thirty five feet (35') in height. (1988 Code §39.14) Subd. 2. Signs Allowed by District: The following requirements are for allowable signs as they pertain to zoned districts: a. R-1 Single-Family Residential District: (1) A name on residential property stating only the name or address of the occupant not exceeding two (2) square feet in size. • (2) A sign not exceeding ten (10) square feet in area pertaining only to the sale, rental or leasing of the premises upon which displayed. (3) A sign, as allowed in subdivision 1106.03(3) of this Code, pertaining to home occupations. (4) Signs as allowed in subdivision 11 of this Section. b. R-2 Single- and Two-Family Residential District: Signs as allowed in subdivision 2a hereof. c. R-3 Medium Density Residential District: Signs as allowed in subdivision 2a hereof. d. R-4 High Density Residential District: (1) Signs as allowed in subdivision 2a hereof. 1. See Title 1100 of this Code. 1294 • • City of Mounds View 1008.08 1008.08 (2) Direction signs for office, model, apartments, etc., locations not exceeding five (5) square feet. e. R-O Residential-Office District: Signs as allowed 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 of permanent signs, as defined in Section 1008.01 of this Chapter. (2) Temporary signs, as allowed in subdivision 9e 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 of permanent signs, as defined in Section 1008.01 of this Chapter. (2) Temporary signs as allowed in subdivision 9e of this Section. h. B-3 Highway Business District: Signs as allowed in subdivision 2g hereof. . i. B-4 Regional Business District: Signs as allowed in subdivision 2g hereof. j. I-1 Light Industrial District: Signs as allowed in subdivision 2g hereof. k. Other Signs Allowed in Certain Districts: B-3 Highway Business District, B-4 Regional Business District and I-I Light Industrial District may have, besides the one hundred (100) square feet signage per business occupant, one general pedestal sign not exceeding three hundred forty (340) square feet. Only one pedestal sign is allowed per property. Subd. 3. Traffic Control Related Sign Regulations: Compliance with the following regulations relative to traffic control is required: a. No moving or flashing 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. 1294 City of Mounds View 1008.08 1008.08 c. No sign shall be located or maintained on or over any public street or highway right of way unless specifically permitted by the zoning regulations of the Municipality' • . d. There shall be no use of revolving 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 indirect and located so as not to direct light on residences'-. No flashing sign shall be located in such close 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 located or maintained so as not to interfere with the ability of drivers or pedestrians to see any crossroad or crosswalk. (1988 Code §39.13) Subd. 4. 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. Subd. 5. Signs Along Freeways: Except as otherwise provided in this Chapter, 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. Any billboard legally located along any such freeway at the effective date hereof may be replaced, subject to compliance with the other provisions of this Chapter, either in the same that location or at another location along any such freeway; provided, such alternate location is first approved by the Council. Subd. 6. Projection Signs4: 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. 1. See Title 1100 of this Code; see also subdivision 604.03(3)n of this Code. 2. See Section 1103.09 of this Code. 3. See also subdivision 604.03(3)b of this Code. 4. See also subdivisions 604.03(3)b, 604.03(3)n 1103.08(2) of this Code. 1294 • City of Mounds View 1008.08 1008.08 b. Such signs shall not project over public street right of way but may project over sidewalks located on private walks. No such sign shall be less than twelve feet (12') above the level of the sidewalk; provided, 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 beyond a curb line nor project more than eight feet (8') over any private sidewalk. 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 projects, 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 projects 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. Subd. 7. Roof Signs: The following standards shall be maintained for all roof signs: a. No roof sign shall be located nearer than five feet (5') from the outside wall toward which it faces nor exceed twenty five feet (25') in height 411 above the roof level of the building unless 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 subdivision, 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 wire or open metal sign; except, that such sign may have letters, figures, characters or borders of wood if such borders do not exceed four inches (4") in width and such wooden letters, figures or characters do not cover more than twenty five percent (25%) of the area of such sign; provided, that in place of sheet metal, substitution may be made of the following materials: tempered pressed wood or other similar materials approved by the Building Inspector, having equal properties as to strength, fire 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 wind load added by the attached sign and in such a • City of Mounds View 1008.08 1008.08 manner as not to cause damage to the building or structure on which such sign is placed. e.,No roof sign shall be more than sixty five feet (65') in length, nor shall • it xtend more than twenty five feet (25') above the surface of the roof of the building on which it is located. No roof sign shall extend more than forty five feet (45') above the average ground level of that part of the street toward which it faces. Subd. 8. Wall Signs: The following standards shall be maintained for all wall signs: a. No wall sign shall have a projection over a private sidewalk or an established building line of more than twelve inches (12"). b. The materials, construction and attachment of any such sign shall meet the same standards and requirements as roof signs. Subd. 9. Banners, Temporary or Portable Signs: Temporary signs, as defined in Section 1008.01 of this Chapter shall comply with the provisions of hereof. The following standards shall be maintained for all banners, temporary or portable signs: a. Temporary signs and banners attached to any building constructed of canvass, 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 torn and in no case later than twenty one111 (21) days after erection. b. Banners and temporary signs shall not be larger than one hundred twenty (120) square feet in area for each twenty 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 way 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 cover, either partially or completely, any door, window or opening required for ventilation. e. No temporary sign, banner or portable sign shall be located on any multiple residence, commercial or industrial property in the City without first obtaining a permit therefor from the 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 411/ City of Mounds View 1008.08 1008.08 shall be unlawful to locate or maintain any such sign or bannering for a longer period or in a different manner than that specified in the permit. No such permit shall be granted, however, where such temporary signs, banners or portable signs are prohibited by other provisions of this Code. f. No portable sign or temporary sign shall exceed thirty two (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 twenty one (21) days at one time or for more than three (3) twenty one (21) day periods on any one year. h. The Council may allow administrative approval of sign installation for signs of identical design being installed by a business or individual. Once Council approval has been obtained for a particular sign design, the applicant may receive administrative permits for the installation of such sign from the Clerk-Administrator following submittal of all relevant information as outlined in Section 1008.03 of this Chapter and receipt of applicable fees. Subd. 10. Billboards: A permit shall not be issued for any new billboard or advertising sign located off the premises where the advertised product is sold if such billboard or sign would be within three hundred feet (300') of any other such billboard or sign already in existence. Any billboard destroyed by an act of God may be rebuilt within thirty (30) days if the construction of same would comply with this subdivision. Subd. 11. Campaign Signs: 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 of land. 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 teet (6'). c. Campaign signs may be displayed from the last day of candidacy filing or thirty (30) days before an election, whichever is earlier. 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 §39.14; 1993 Code) 4 City of Mounds View 1008.09 1008.10 1008.09: 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 §39.14) 1008.10: VIOLATION OF PROVISIONS: Any person found violating any of the provisions of this Chapter shall be guilty of a misdemeanor. (1988 Code §39.15) o • City of Mounds View i `r� 214. SIGNS 214.02.07. (Ref. 318," 330, 344, 382, 438, 666, 672, 799. 837, 860, 913) (This Chapter has been recodified as of September 1, 1988 and includes all amendments to the Chapter enacted by the City Council prior to said date) (Second Reading: July 11, 1988) 214.01. PURPOSE ^ " ' ; PURPOSE The purpose of this Chapter is to protect and promote the public health, safety and general welfare of the City of Fridley through the establishment of a comprehensive and impartial set of regulations governing the erection, display and use of signs serving as-.a visual media to persons upon public or private properties . These regulations are intended to provide an opportunity for effective communication, allow a reasonable freedom of choice and promote a concern for the visual amenities on those people designing, displaying, erecting or utilizing signs while at the same time assuring that the public health, safety and general welfare of the City is preserved. 214.02. . DEFINITIONS DEFINITIONS The following words and terms, wherever they occur in this Chapter, are defined as follows and shall apply in its interpretation and application: 1. Abandoned Sign. A sign which no longer correctly advertises a bona fide business , lessor, owner, activity, use or product available on the premises where the sign is displayed for a continuous period of more than ._ three (3) months. 2. Address Sign. A sign consisting of numbers or numbers and a street name , identifying the address of a building. 3. Advertising Sign. A sign which is used to, advertise products, goods, uses or services. 4. Alteration. Any major change, excluding routine maintenance, of an existing sign. 5. Area Identification Sign. A sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex or a business or industrial area. 6. Banners And Pennants. A temporary sign constructed of cloth, canvass, paper, plastic film or light fabric. 7. Bench Sign. A sign which is attached to a bench. 410 11/88 214-1 8. Billboard. 214.C2 .20. A sign advertising a business , product , service , use or entertainment which is conducted, sold or offered somewhere other than on the premises where the sign is located. 9. Changeable Sign, Automatic. An electronically controlled sign, including a time, temperature or date sign, or a message center or a readerboard, where different message changes are shown on the same panel. 10. Changeable Sign, Manual. A sign on which the message is changed manually. • 11. Construction Sign. A temporary sign erected at a construction site identifying the project. It may include the name of the architect , engineer , contractor, financier or other information about the project. 12. District. A zoning district as defined in Chapter 205, Zoning, of the City Code. 13. Flashing Sign. An illuminated sign which has intermittent flashing lights , revolving beacons, zip flashers or exhibits a noticeable change in color or light intensity. 14. Free Standing Sign. A sign which is securely attached to the ground and not attached to any part of a building or structure. 15. Governmental Sign. ,f10 A sign which is erected by a governmental unit for the purpose of directing or guiding traffic or providing public information. 16. Illuminated Sign. A sign which is illuminated by an artificial light source. 17. Information Sign. A sign giving information or directions to employees, visitors or delivery vehicles and containing no advertising. An information sign may display the name , address or identifying symbol of the business. 18. Institutional Sign: A sign which identifies a public or private institution including churches, schools, hospitals and medical clinics. 19. Motion Sign. A sign which revolves , rotates , has moving parts or gives the illusion of motion. 20. Nonconforming Sign, Legal. A sign which lawfully existed prior to the adoption of this Chapter, but does not comply with all requirements of this Chapter. • 11/88 214-2 21 . Nonconforming Sign, Illegal. 214.02.29. Any sign in any district which was constructed in violation• of any • requirements of this Chapter, and is not a legal nonconforming sign. II" (Ref 837) 22. Permanent Sign. A sign constructed of materials including plastic or metal that are durable and easily maintained, and which is intended to be used for an indefinite period of time. Signs painted directly on structures, wood or wood products are not authorized or included in this definition. 23. .'Personal Expression Sign. A sign which expresses an opinion or feeling of an individual or group and which its principal purpose is not for the promotion of any good or service. (Ref. 860) 24. Political Sign. A temporary sign advertising election issues or the candidacy of a person running for public office. • 25. Portable Sign. Any temporary sign that is designed to be transported, including but not limited to: (Ref. 913) A. A sign with wheels removed. B. A sign with chassis or support constructed without wheels. C. A or T frame signs. D. Signs temporarily or permanently attached to the ground, a structure, or other signs. • E. A sign mounted on a vehicle for a''• , rtising purposes , parked, and visible from public righ: - s•`-way, except signs identifying the business when the vehic : , is being used for normal day to day business operations. F. Menu and sandwich boards. G. Searchlight stands. H. Hot air or gas-filled balloons or umbrella' s used for advertising. • I. Temporary signs. • 26. Porta-panel. A portable sign, mounted on wheels and used for commercial as well as civic promotions. 27. Projecting Sign. A sign, .attached to a wall, that projects perpendicular from a building or structure. 28. Real Estate Sign. A temporary sign erected for the purpose or selling, leasing or promoting real estate . 29. Roof Sign. A sign which is erected, constructed or attached above the roof line of a building, except where the roof is an extended facade or mansard. 214 3 11/88 30. Rummage/Garage Sale Sign. 214.03. A temporary sign which advertises or directs the public to the- sale of used merchandise, sold fror a private residence. 31. Shopping Center/Multiple vse Building. • A building planned and developed for multiple occupancy whether as a commercial or industrial use. 32. Sign. A painted panel, lettered board, series of letters or symbols or other display and any supporting structure used to advertise , direct, identify, inform or convey a message to anyone who views it. 33. Sign Area. The area of a sign, including the border and the surface which bears the advertisement. In the case of messages , figures or symbols attached directly to any part of a building or sign structure, it is that area which is included in the smallest geometric figure which can be made to circumscribe the message, figure or symbol. • 34. Sign Area, Maximum. The maximum allowable sign area for a single faced free standing sign .refers to that single facing. When a free standing sign has multiple faces, then the maximum allowable sign area doubles. 35. Sign Structure. Any. structure which supports or is capable of supporting a sign, but not including a building to which a sign is attached. 36. Temporary Sign. Any sign fabricated of paper, plywood, fabric, or other light, impermanent material intended to be displayed unchanged for a period of 14 days. (Ref. 913) 37. Wall Graphic. A graphic design or decorative mural ; " not intended for identification or advertising purposes, which is painted directly on the exterior surface of a building. 38. Wall Sign: A sign which is attached to the wall of a building or. structure. 39. Window Sign. A sign attached to the inside of a window for the purpose of viewing from outside the building. This term does not include merchandise located in a window. 214.03. GENERAL PROVISIONS FOR ALL DISTRICTS GENERAL The following provisions shall apply to Sections 214.04 through PROVISIONS 214.07. Any sign shall be constructed in such a manner and of such material that it will be safe and substantial. Nothing in this Chapter shall be interpreted as authorizing the erection or display of-any sign not now permitted under Chapter 205 of the City Code. S 11/88 214-4 - - 214.05.06. 214.04. SIGNS PROHIBITED IN ALL DISTRICTS SIGNS 1 . Any permanent signs, other than governmental signs , erected or PROHIBITED ,, .displayed upon any right of way or public property. 41ii 2. Any signs or wall graphics that contain words. or pictures of obscene, pornographic or immoral character. 3. Any signs painted directly on buildings. 4. Any signs which by reason of size, location, movement, content, coloring or manner of illumination may be confused with the light of an emergency or road equipment vehicle, a traffic sign, signal or device or which hides from view any traffic sign, signal or device. 5. Any projecting signs. - 6. Any motion signs. 7. Any flashing signs. - 8: Any signs located within a corner vision safety zone as defined in Chapter 205. 214.05. SIGNS PERMI1EE.i) IN ALL DISTRICTS SIGNS PERMITTED 1. Address Signs. Each dwelling, business or building must have a minimum- of one (1) address sign, that is a minimum of three and one-half (3-1/2) inches high and a maximum of twenty-four (24) inches high. The sign must be illuminated or reflective and visible from .the public right of way. 2. Bench Signs. Displayed only at bus stops and cannot-be any larger than or extend beyond _any portion of the bench. 3. Flags. Shall be displayed as outlined in Title 36, Section 173-378 of the United States Code, State Flag and Corporate Flag. 4. Governmental Signs. 5. Informational Signs. . Provided they meet the following requirements: ' A. A maximum size of four (4) square feet in area. - - B. A minimum distance of ten (10) feet from any property line or driveway. 6. Institutional Signs. Provided they meet the following requirements: A. A maximum size of thirty-two (32) square feet in area. B. A minimum distance of ten (10) feet from any-property line or driveway. t • 1) 11/88 214-5 • C. A hospital emergency sign may be a maximum of 100 square 214.06.12. feet in area. • 7. Personal Expression Sign. Provided.they meet the following requirements: 1„ A. A maximum size of thirty two (32) square feet in area per sign. B. A maximum of three signs per tax parcel. • C. A maximum distance of ten (10) feet from any property lino .or driveway. D. The sign is erected by the owner of the property upon which it is located, or the tenant with the permission of the owner. • (Ref. 860) 214.06. TEMPORARY SIGNS PERMITTED IN ALL DISTRICTS TEMPORARY SIGNS 1. Construction Signs. PERMITTED A. Multiple Developments. Construction signs may be erected for the purpose of identifying a development of ten (10) or more dwellings, ten (10) or more mobile homes , three (3) or more multiple dwellings, or a building consisting of three (3) or more businesses or industries, with the following restrictions: (1) One (1) sign per street frontage. (2) A maximum size of fifty (50) square feet in area per development. (3) Located no closer than 100 feet to a building outside the development. . (4) A minimum distance of ten (10) feet from any property line or driveway. (5) To be removed upon completion of the construction. B. Other Developments. (1) One (1) sign per. building. (2) A maximum size of six (6) square feet in area. (3) A minimum distance of ten (10) feet from any property line or driveway. (4) To be removed upon completion of the construction. • 2. Real Estate Signs. • A. Multiple Developments. Real estate signs may be erected for the purpose of selling, leasing or promoting development of ten (10) or more dwellings, ten (10) or more mobile homes, three (3) or more multiple dwellings or a building consisting of three (3) or more businesses or industries , with the following restrictions: (1). One (1) sign per street frontage. (2) A maximum size of fifty (50) square feet in area per development. 4111) 11/88 214-6 (3) Located no closer than 100 feet to a building outside 214.06.05. of the development. (4) To be removed when the project is ninety-five percent (953) sold or leased. (5) A minimum distance of ten (10) feet from any property 1 line or driveway. B. Other Developments. (1). One (1) sign per building. (2) A maximum size of six (6) square feet in area. (3) To be removed within five (5) days following the sale or lease of the building. (4) A minimum distance of ten (10) feet from any property line or driveway. (5) "Open House" signs are allowed only during the day of the open house. 3. Political Signs. A. A maximum size of thirty-two (32) square feet in area. B. To be removed within five (5) days following the election. C. Fifteen dollars ($15 .00) will be deposited with the City prior to the erection of any signs and retained until all of the signs are removed. If all of the signs are not removed, the deposit will be used to defray the cost of removal . Any additional cost will be billed to the person posting the original deposit. D. Any sign larger than three (3) square feet in area must be . placed a minimum distance of ten (10) feet from a street curb and ten (10) feet from any driveway. 4. Rummage/Garage Sale Signs. A. A maximum size of three (3) square feet in area. B. To be removed within three (3) days following the sale. 5. Banners or Pennants. A. Banners or pennants commemorating a special event not connected with a business, are permitted when installed not more than twenty-five (25) days prior to the event and removed within five (5) days following the event. B. Banners or pentants for business anniversaries or grand openings are allowed only for a maximum of ten (10) days. 4110.1 11/88 214-7 214.10.03. 214.07. SIGNS PERMITTED WITH A SPECIAL USE PERMIT PERMITTED 1. Automatic changeable signs are permitted in all districts except rH residential districts, and then only after the issuance of a special SPECIAL USF use permit subject to the following minimum conditions: PERMIT A. Conformance to the sign requirements within that district. .B. The message shall not change more than once every fifteen • (15) minutes except for a sign displaying time , temperature and/or date. 2. .Billboards. 214.08. SPECIFIC DISTRICT REQUIREMENTS SPECIFIC In addition to those signs permitted in all districts, the following DISTRICT signs are permitted in each specific district and shall be regulated REQUIREMENTS as to type , size , and setback according to the following requirements. 214.09. TYPES, SIZES, AND SETBACKS FOR RESIDENTIAL DISTRICTS RESIDENTIAL DISTRICT 1. Area Identification Signs. A. One (1) sign per development. B. A maximum size of twenty-four (24) square feet in area. C. A minimum distance of ten (10) feet from any property line or driveway. 2. Wall Signs. A. One (1) sign per dwelling unit. 41/i B. A maximum size of three (3) square feet in area. 214.10. TYPES, SIZES, AND SETBACKS FOR CR-1 DISTRICTS CR-1 DISTRICT 1. Area Identification Signs. A. One (1) sign per development. B.. A maximum size_ of twenty four (24). square feet in area. C. A minimum distance of ten (10) feet from any property line or driveway. 2. Free Standing Signs. A. One (1) sign per street frontage. B. A maximum size of forty-eight (48) square feet in area per development. C. A maximum height of six (6) feet above the finished ground grade. D. A minimum distance of ten (10) feet from any property line . or driveway. 3. Roof Signs. A. One (1) sign per development. fiiB. The use of a roof sign will substitute for the free standing sign along the street the roof sign is intended to be viewed. 11/88 214-8 4. Window Signs. 214.11.02. A maximum coverage of forty percent (40%) of the window area , excluding merchandise. + 5. Wall Signs. The total sign area shall not exceed fifteen (15) times the square root of the wall -length on which the sign -is to be placed. 6. Portable Signs. (Ref. 913) A. May be displayed for a period of 14 days after a permit is issued by the City. Such signs shall be restricted to one per tax parcel/development at any one time. The number of permits issued per year for single and multiple use buildings/shopping centers shall be based upon the number of businesses within said building as follows: Number of . Max. # of Businesses Permits Allowed 1-5 2 6-10 3 11-15 4 16+ 5 B. The use of such sign by businesses within the building shall be the responsibility of the property owner or designated manager. All temporary sign permit applications must be signed by said property owner or designated manager before processing can begin. • C. All portable signs shall be located on the property on which the business is located. Such signs shall be located a minimum l distance of ten (10) feet from any property line or driveway so 'J as not to interfere with pedestrian or vehicular traffic. D. Prior to the issuance of a permit, a deposit of $200.00 in the form of a certified check or money order must be provided to the City. Said deposit will be refunded only if sign i,- removed by noon of the next business day after the permi : period expires. 214.11. .TYPES. SIZES,_ AND SETBACKS FOR C-1, C-2 AND C-3 DISTRICTS C-1, C-2, 1. Area Identification Signs. AND C-3 DISTRICTS A. One (1) sign per development. B. A maximum size of twenty-four (24) square feet in area. C. A minimum distance of ten (10) feet from any property line or driveway. 2. Free Standing Signs. A. One (1) sign per street frontage. B. A maximum size of eighty (80) square feet in area per development. C. A maximum height of twenty-five (25) feet above the finished ground grade. 11/88 214-9 D. A minimum height of ten (10) feet from the bottom of the 214.11.07. sign to the finished ground grade when within twenty-five (25) feet of a driveway or a corner vision safety zone. E. A minimum distance of ten (10) feet from any property line 411i or driveway. F. A minimum distance of fifty (50) feet from any residential district.. • 3. Roof Signs . A. One (1) sign per development. • B. The use of a roof sign will substitute for the free standing sign along the street the roof sign is intended to be viewed. 4. Window Signs. A maximum coverage of forty percent (40%) of the window area , excluding merchandise. 5. Wall Signs. The total sign area shall not exceed fifteen (15) times the square root of the wall length on .which the sign is to be placed. 6. Portable Signs. (Ref. 913) A. May be displayed for a peri••d of 14 days after a permit is issued by the City. Such signs shall be restricted to one per tax parcel/development at any one time. The number of permits issued per year for single and multiple use buildings/shopping centers shall be based upon the number of businesses within said building as follows: Number of Max_ # of Businesses Permits Allowed 1-5 2 6-10 3 11-15 4 16+ 5 B. The use of such sign by businesses within the building. shall be the responsibility of the property owner or designated manager.. All ,temporary sign permit applications must be signed by said property owner or designated manager before processing can bejin C. All portable signs shall be 1"cated on the property on which the business is located. Such signs shall be located a minimum distance of ten (10) feet from ;,i' property line or driveway so as not to interfere with pedestrian or vehicular traffic. D. Prior to the issuance of a .- rmit, a deposit of $200.00 in the form of a certified check or money order must be provided to the City. Said deposit will be refunded only if sign is removed by noon of the next business day after the permit period expires. 7. Billboards: Shall be permitted only in the C-3 District within this Section, Specific requirements are listed under Section 214.12.7.. - • 11/88 214-10 214.12.06. 214.12.- TYPES, SIZES AND SETBACKS FOR M-1 AND M-2 DISTRICTS M-1 AND M-2 DISTRICTS 1. Area Identification Signs. } A. One (1) sign per development. ) B. A maximum size of twenty-four (24) square feet in area. C. - A minimum distance of ten (10) feet from any property line or driveway. • 2. Free Standing Signs. A. One (1) sign per street frontage. B. A maximum size of eighty (80) square feet in area per development. • C. A maximum height of twenty-five (25) feet above the finished ground grade. D. A minimum height of ten (10) feet from the bottom of the sign to the finished ground grade when within twenty-five (25) feet of a driveway or a corner vision safety zone. E. A minimum distance of ten (10) feet from any property line or driveway. F. A minimum, distance of fifty (50) feet from any residential district. 3. Roof Signs, A. One (1) sign per development. B. The use of a roof sign will substitute for the free standing sign along the street the roof sign is intended to be viewed. 4. Window Signs. A maximum coverage of forty percent (40%) of the window area , - excluding merchandise. • 5. Wall Signs. A. Allowed only on two (2) different walls per business. B. The total sign area shall not exceed fifteen (15) times the. square root of the wall length on which the sign is to be placed. • 6. Portable Signs. (Ref. 913) A. May be displayed for a period of 14 days after a permit is issued by the City. Such signs shall be restricted to one per tax parcel/development at any one time. The number of permits issued per year for single and multiple use buildings/shopping centers shall be based upon the number of businesses within said building as follows: Number of Max. # of Businesses Permits Allowed • 1-5 2 6-10 3 11-15 4 16+ 5 1111) • 11/88 214-11 B. The use of such sign by businesses within the building shall 214.12.07. be the responsibility of the property owner or designated manager. All temporary sign permit applications must be signed by said property owner or designated manager before processing can begin. C. All portable signs shall be--located on the property on which 11111 the business -Is located. Such signs shall be located a minimum distance of ten (10) feet from any property line or driveway so • as not to interfere with pedestrian or vehicular traffic. D. Prior to the issuance of a permit, a deposit of $200.00 in the form of a certified check or money order must be provided to -the City. Said deposit will be refunded only if sign is removed by noon of the next business day after the permit period expires. - - 7. Billboards. Shall be permitted. in only C-3 , M- 1 and M-2 Districts . The following requirements shall be considered as minimum standards when . issuing a special use permit to erect a billboard. The City Council may impose additional requirements. A. Billboards' shall be restricted to property adjoining the right of ways of Interstate Highway #694, Trunk Highway #47 , Trunk Highway #65 and East River Road sout -- of Interstate Highway #694. B. The maximum height is twenty-five (25 ) feet above the finished ground grade, unless the sign is intended to be viewed from a highway, then the twenty-five (25) foot maximum height shall be computed from the centerline of the traveled highway, but in no case shall the vertical distance between the bottom of the sign and the ground be reduced to less than ten (10) feet. C. . The maximum sign area is three hundred (300) square feet per facing not to exceed two (2) facings when erected on East River Road south of Interstate Highway #694, on Trunk Highway #47 and on Trunk Highway #65 ; and 750 square feet per facing not to exceed two (2) facings when erected on. Interstate Highway #694. Double faced signs shall be attached back to back at a horizontal angle not to exceed forty-five (45) degrees. D. The minimum distance between billboard signs is 1000 feet when erected on the same side of the highway. E. The minimum setback from the highway right of way is thirty (30) feet. F. The minimum distance is 500 feet from a billboard sign to the intersection of any street or ramp where.. tr..ffic crosses or merges at the same elevation. The distance is determined by measuring from the intersection of the street. and highway centerlines and the sign. G. The minimum distance to a residential and public district is 500 feet. • o 11/88 214-12 H. The sign structure shall be all metal and be either painted 214.15.01. or treated to prevent deterioration. Lack of proper maintenance shall be cause for revocation of the sign permit. I. The minimum distance to a railroad crossing is 350 feet when there are lights and a gate , and 500 feet from a railroad iii .) crossing without lights and/or a gate. J. Any lighting will be shielded to not impair the vision of any motor vehicle operator or to create a nuisance on adjoining property. 214.13. TYPES, SIZES, AND SETBACKS FOR P AND PUD DISTRICTS P AND PUD Sign requirements in Public and Planned Unit Development districts DISTRICTS will be controlled by the City Council when any development is planned. 214.14. SHOPPING CENTERS AND MULTIPLE USE BUILDINGS SHOPPING 1. Within 180 days 9f the adoption of this Chapter, all owners of CENTERS AND MULTIPLE shopping centers and multiple use buildings of three (3) or more USE BUILDINGS businesses or industries, if they have not already done so , must submit a comprehensive sign plan to the City Council for approval. 2. All future signs erected within the shopping center or multiple use building shall conform to the conditions of the sign plan and may be subject to conditions other than those in the district regulations in order to promote uniform sign appearance. 3. Existing signs within- the shopping center or multiple use building which do not meet the requirements of this Chapter and/or } sign plan, shall be defined as a legal nonconforming sign, and shall jbe subject to the restrictions set forth in 214.17.2. (B). (Ref. 837) • 214.15. SIGN PERMIT REQUIREMENTS . SIGN PERMIT REQUIREMENTS 1. Sign Permit. A. Before a sign may be displayed in the City, the sign erector shall file an application with the City for permission to display such sign. B. A permit is required for all existing, new, relocated, under Section 214.15.1E. C. The issuance of a permit may also be subject to additional conditions in order to promote a more reasonable combination of signs and to promote conformity with the character and uses of adjoining property. The conditions will be subject to the discretion of the City. Objections to the conditions can be appealed to the City Council by the applicant. D. Signs erected by a nonprofit organization are not exempt from obtaining a sign permit, but the City may waive the fee requirement. E. No permit is required to display the following signs . This shall not be construed as relieving the erector of a sign, or the owner of the property on which a sign is located from all)-: conforming with the other provisions of this Chapter: 11/88 214-13 (1) Any window signs. 214.16. (2) Any address signs. • (3) Any signs erected by a governmental unit. (4) Any bench signs. • (5) Any memorial signs or tablets containing the names of the building, its use and date of erection, when cut or • built into the wall of a building. (6) Any signs which are completely within a building and are not visible from the exterior of the building. (7) Any temporary signs as listed under Section 214.06. (8) Any signs having an area of three (3) square feet or • less. (9) Any advertising signs on litter receptacles having an area of four (4) square feet or less per side and limited to sixteen (16) square feet per receptacle , except that approval of the design and location of the receptacle is required by the City Council. (10) Any personal expression signs which are erected by the owner of the parcel upon which the signs are to be placed, or by the tenant with the permission of the owner. (Ref. 860) 2. Permit Application. A. Application for a sign permit shall be made to the City on forms supplied by the City. B. If a sign has not been erected within ninety (90) days after the date of issuance of a permit, the permit shall- become null and void unless an extension is granted by the City. C. The City may require other information as necessary to insure that the sign is erected in compliance with this Chapter. 3. Permit Fees. Sign permit fees shall be as provided in Chapter 11 of the Fridley City Code. 214.16. SIGN ERECTORS' LICENSE REQUIREMENTS • SIGN No person, firm or corporation shall engage in the business of ERECTORS' erecting signs under this Chapter unless a license to do so has been LICENSE approved by the City Council. The annual license fee and expiration REQUIREMENT$ date shall be as provided• in Chapter• 11 of the Fridley City Code. A license shall not be required of any person who chooses to construct and erect their own sign on their own property. 11/88 214-14 214.17.03. 214.17. EXISTING SIGNS EXISTING SIGNS 1. Sign Maintenance. A. The structure and surfaces of all signs shall be maintained in a safe and presentable condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required to prevent the sign structure and surface from becoming hazardous or unkempt in appearance. B. When any sign is removed, the City shall be notified and the entire sign and its structure shall be removed. 2. Legal Nonconforming Signs. A. Any sign located within the City on the date of the adoption of this Chapter which does not conform with the provisions of this Chapter, is a "legal nonconforming" sign and is permitted, provided it also meets the following requirements: (1) The sign was covered by a sign permit, on the date of the adoption of this Chapter, if one was required under applicable law, or (2) If no sign permit was required for the sign in question, the sign was in all respects in compliance with applicable law on the date of the adoption of this Chapter. B. A sign shall immediately lose its "legal nonconforming" designation and be termed illegal nonconforming if: (1) The sign is altered in any way, except for routine maintenance and change of messages, which makes the sign less in compliance with the requirements of this Chapter than it was before the alterations. (2) The supporting structure of the sign is replaced or remodeled. (3) The face of the sign is replaced or remodeled. (4) The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty percent (50%) of the value of said sign, at which time all of the sign and its structure must be removed. (5) Notwithstanding subparagraph (1) above, upon the change 3. Abandoned Signs. , Any-.sign which identifies a use that has discontinued operation for a period of more than three (3) months or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management shall not be deemed abandoned unless the property remains vacant for a period of more than three (3) months. An abandoned sign is prohibited and shall be removed by the owner of the sign or the property owner. 11/88 214-15 4. - Illegal nonconforming signs are prohibited within the City of 214.20. Fridley. Should an illegal nonconforming sign be found to exist, the owner of said sign will have thirty (30) days to remedy the situation in one of the following manners: A. Remove the existing illegal nonconforming sign. If a new sign is desired, it must meet all applicable requirements of this Chapter. B. Obtain a sign permit for the existing illegal nonconforming sign, and if applicable, apply for a variance to eliminate the illegal nonconforming status. (Ref. 837) 214.18. ENFORCEMENT ENFORCEMENT The City Manager or designated agent shall be responsible for the enforcement of this Chapter. 214.19. VIOLATIONS VIOLATIONS 1. Any sign that does not comply with the provisions of this Chapter or that is a hazard to the health, safety and general welfare of the public is hereby declared to be in violation of this Chapter. 2. Notification of Violation. A. If the City determines that: any sign regulated by this Chapter is unsafe , a menace to the public ; or has been constructed or erected without a permit firs: being granted to the owner of the property upon which said sign has been erected; or is in violation of any other provision of this Chapter, then the City shallissue a written notice of violation to theAli property owner. If the owner fails to remove the sign or bring it into compliance with the provisions of this Chapter within twenty (20) calendar days following the date of said notice , such sign(s) may be removed by the City. The cost of this removal, including any City expenses , shall be a special assessment against the property upon which the sign(s) was located and shall be so noted in the written notice to the property owner. B. The City may cause any sign or sign structure which is an immediate public hazard, to be removed summarily after a reasonable attempt has been made to have the property owner remove the sign. C. When the City mails the notice of violation, copies will be sent to both the permit holder and the property owner, if they are different persons. 214.20. PENALTY PENALTY Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code . Each day the- violation continues in existence shall be deemed a separate violation. All signs are subject to any penalty for violation of the district requirements where they are located, even when not required to pay a fee or acquire a permit. 11/88 214-16 214.21 .03. 214.21. APPEALS APPEALS To provide for a reasonable interpretation of the provisions of this Chapter, a permit applicant who wishes to appeal an interpretation 1111) by the City may file a variance application and request a hearing before the Appeals Commission. The Commission shall hear requests for variances and make their recommendation to the City Council in the following cases: 1. Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the City in the enforcement of this Chapter. 2. Requests for variances from the literal provisions of this Chapter in instances where the strict enforcement would cause an undue hardship. Before the Commission shall grant a variance, it is the responsibility of the applicant to prove: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district; but which is denied to the property in question. C. That the strict application of the Chapter would constitute an unnecessary hardship. D. That the granting of the variance would not be materially --- detrimental to the public health, safety or general welfare or ) detrimental to the property in the vicinity or district in which �' the property is located. • 3. All variances granted prior to November 21 , 1977 , unless otherwise specified by Council, remain in effect until : A. The sign is altered in any way, excep • for routine maintenance and change of messages, which makes zi,.- sign less in compliance with the requirements of this Chapter : than it was before the alterations. B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty (50%) percent of the value of said sign, at which time all of the sign and its structure be removed. E. Notwithstanding subparagraph (A) above, upon the change of the name of the business being displayed on this sign. At such time, the owner of said sign will have three .(3) months to obtain a sign permit and constuct a sign which meets all . requirements of this Chapter or, obtain a variance fo; Any new or existing sign which does not meet all requirements of t1 Chapter. (Ref. 837) 41) .. 11/88 214-17 11-16-1995 2:50PM FROM CITY OF WAYZATA 473 4178 P. 1 SECTION 27 SIGNS SECTION 27: Post-it"Fax Note 7671 Date Jc! p of ss S 801.27.01: Purpose 801.27.02: Permit R uired Te _From fowl Tert 801.27.03: Permit Fees Co .�� ,.,� ; VC C'' t 801.27.04: Application Procedures Pn d ne* i 801.27.05: General Sign Provisions Fax# Fax n 801.27.06: Prohibited Signs 78 - 3b 801.27.07: Allowable Signs --__. .... .... - . e. 801.27.08: Permitted Signs 801.27.09: Additional Sign Performance and Standards 801.27.10: Non-Conforming Signs 801.27.11: Abatement 801.27.01: PURPOSE: The purpose of this Section is to protect and promote the general welfare, health, safety and order within the City through the establishment of a comprehensive and impartial series of standards, regulations or symbols serving as visual communicative media. The provisions of this Section are intended to encourage creativity,a reasonable degree of freedom of choice,an opportunity for effective communication,and a sense of concern for visual amenities on the part of those designing,displaying or otherwise utilizing needed communicative media of the types regulated by this Section, while at the same dow time assuring that the public is not endangered,annoyed or distracted by the unsafe, disorderly, IIP indiscriminate or unnecessary use of such communicative facilities. 801.27.02: PERMIT REQUIRED: Except as otherwise provided in this Section, no person shall erect, maintain, repair,or alter or relocate within the City any sign as defined herein without first having been issued an appropriate permit therefore and having paid the appropriate permit fee. 801.27.03: PERMIT FEES: The fees which shall be charged for permanent and temporary signs and for sign repair or copy replacement under this Section shall be in accordance with the fee schedule as determined by resolution of the City Council. 801.27.04: APPLICATION PROCEDURES: Each application for a permit ui'tder this Section shall be submitted to the City Manager or designee on forms provided by the City and shalt include,but not be limited to,the following information: A. The name,address and telephone number of the person for whom the sign is being erected, plus the name, address and telephone number of the applicant and the property owner. B. The location and dimensions of the building, structure or lot to which, or upon which,the sign is to be attached or erected. C. A site plan showing the positioning and height of the sign(s)or other advertising structures in relation to all nearby existing or proposed buildings, structures and property lines, lighting details, a table of the proposed gross sign area for each sign and the total proposed sign area D. Two blueprints or ink drawings of the plans and specifications for the sign, its method of construction and its attachment to the building or in the ground. fe When a pylon, monument, or free-standing sign is to exceed ten (10)feet in height,two certified and sealed sets of stress sheets and calculations shall be submitted by a structural engineer licensed by the State of Minnesota attesting that the structure is designed for dead load and wind pressure in any direction as required to meet sound engineering principles. -. April 1992 27.1 11-16-1995 2:51PM FROM CITY OF WAYZATA 473 4178 P. 2 F. The name of the person,firm,corporation or association erecting the structure. G. Such other information as the City Manager or designee requires to show full compliance with this and all other laws and ordinances of the City. H. If the work authorized under a permit has not been completed within six (6) months after the date of its issuance, said permit shall become null and void. 801.27.05: GENERAL SIGN PROVISIONS: All signs within the City of Wayzata shall be subject to the following general regulations: A. Sign owners shall be required to maintain the appearance of the ground around all signs detached from buildings and to landscape where possible. B. Sign owners at the direction of the City Building Official,shall be required to repair or remove any sign which becomes unsafe, insecure, unsightly, defaced or a danger to the public. Sign maintenance shall be the responsibility of the underlying fee owner. C. The property owner shall be required to correct/remove a sign upon change of occupancy with the correct information. In no event shall a property owner maintain an incorrect or non-current sign message beyond a one.(1)month period. D. No sign or sign structure shall be placed on or extend into the public right-of-way or protrude over any sidewalk, except for wall,canopy, awning and marquee signs. All signs located over such areas shall be in accordance with the awning regulations provided in Chapter 315 of the Wayzata City Code. E. The top edge of any wall or building mounted sign or object intended as an attention attracting device shall not extend above the roof line,parapet, or facade of the building to which it is attached. F. The construction of all signs permitted under this Section, unless otherwise stated herein,shall be in conformance with the provisions of the Uniform Sign Code published by the International Conference of A Building Officials, 1988 Edition which is hereby adopted by reference and made a part of this Section. G. The installation of electrical signs shall be subject to the State's Electrical Code. Electrical service to free-standing signs shall be underground. H. No sign shall be artificially illuminated in such a way that produces a broadcast of glare or light beyond the sign. In no case shall a shadow exist producing an outline of the sign on the ground or against a building either on or off site. All illumination of identification signs in residential districts shall be indirect. Artificially illuminated signs shall also be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver. Nor shall such signs interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets. I. Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as"stop, "caution", "warning", unless the sign is intended to direct traffic on the premises. J. No signs,stays or attachments shall be erected,placed or maintained on rocks,fences or trees nor interfere with any electric light, power,telephone or telegraph wires or the supports thereof, nor be located within a drainage or utility easement. K. No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. L. No sign shall be attached to or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the City Building Official. M. No sign shall be placed in a sight visibility triangle unless it is in accordance with the regulations as established in this Ordinance. N. Except for civic and holiday events as authorized by the City Council,the use of banners, posters, pennants, ribbons, streamers, spinners,search lights and any other similar devices designed and utilize primarily to draw attention to an object,product, place, activity, person, institution, organization or business shall require a temporary permit not to exceed a period of three (3) days, except for banners and posters which shall not exceed a period of two (2) weeks, This permit may be granted by the-City Manager, or designee, no more than three (3)times during any twelve(12) month period. April 1992 27.2 11-16-1995 2:52PM FROM CITY OF WAYZATA 473 4178 P. 3 • Lighter-than-air, inflatable devices and/or balloons shall not be permitted. A copy of the owner's insurance certificate shall be required prior to issuance of a temporary permit. The additional gross sign area of such devices,where applicable, and when added to the existing sign area,shall not exceed 110% of the total allowable sign area. For shopping centers, these provisions apply to the entire center as a complex and not to the tenants on an individual basis. 0. The use of a temporary and portable sign shall be limited only to charitable, non-profit or civic organizations and shall require a temporary permit not to exceed a period of ten (10)days. This permit may be granted by the City Manager,or designee. no more than three(3)times during any twelve(12) month period per organization. Portable and temporary signs may not exceed thirty-two(32) square feet in area unless first approved by Council and shall not be illuminated with any flashing device. Any temporary electrical connections to such devices shall be made by an approved cord in proper condition from an approved GFI receptacle outlet in accordance with the National Electric Code. Temporary and portable signs shall not be permitted in any residential district, P. At least one (1) address sign identifying the correct property number as assigned by the City Manager or designee shall be required on each principal building in all districts. The number shall be at least three inches(3") in height,but no larger than twelve(12)inches in height. Said sign shall be excluded from the total allowable sign area calculation. No permit shall be required for such address sign. Q. Public directory signs intended to identify a group of businesses,an organization or a public or quasi-public entity may be located upon public property only when first approved by the City Council. Public directory signs shall be required to comply with the provisions of this Section except where, due to unusual and unique conditions that may exist, such as in the East Lake Street area,a special exception may be granted by the City Council to achieve a desired public purpose. R. The design and construction of all signs within the City shall be done with the highest quality materials and workmanship to promote safety and a quality sign appearance. All signs located in residential and commercial areas shall be aesthetically pleasing when designed and constructed and shall relate harmoniously to the terrain, site circulation and existing or proposed buildings that have a visual relationship to the proposed signing. 801.27.06: PROHIBITED SIGNS: The following signs shall be prohibited within the City: A. Any sign which does or would interfere with the ability of drivers or pedestrians to see any traffic sign or signal or any crosswalk or which otherwise would constitute a public hazard. B. Revolving beacons, revolving,swinging, moving signs or signs with moving parts, zip flashers,flashing signs or similar devices, excepting time and temperature information. In the case of allowed time and until it is repaired. C. Signs which are tacked, posted,painted or otherwise affixed on trees,fences, utility poles or other such accessory structures or landscape features. D. Signs which contain any indecent or offensive picture or written matter. E. Advertising signs. F. Roof and projecting signs. G. Pylon signs on Lake Street between Femdale Avenue and a point three hundred (300)feet east of Superior Boulevard, as well as north-south streets bounded by Lake Street,Wayzata Boulevard, Superior Boulevard and Ferndale Avenue. H. Portable signs, except as provided for under Section 801.27.05.0. 41.27.07: ALLOWABLE SiGNS: The following signs shall be allowed without a permit in accordance with the height requirements of the corresponding zoning district under Section 801.27.08 of this Section. April 1992 27.3 11-16-1995 2:52PM FROM CITY OF WAYZATA 473 4178 P. 4 A. Free-standing, temporary political signs, which may remain for a period of not more than eight(8)weeks. prior to an election and five (5) days after an election, provided that such signs are no more than six (6) square feet in area and are placed with permission of the property owner or lessee. B. Signs located on,above or beside entrances or exits to buildings or driveways which direct pedestrians (e.g. `employees entrance', "exit only", 'rest rooms'),provided that such signs are no more than four(4) square feet in area. C. Temporary signs denoting an architect, engineer or contractor,when placed upon work under construction.provided that each such sign is no more than sixteen (16)square feet in area and is removed upon the completion of construction. There shall be a maximum of one (1) sign per company and not more than four(4)of these signs allowed per property. D. Memorial signs or tablets and integral signs not exceeding nine (9)square.feet in area. E. At least one(1) address sign identifying the correct property number as assigned by the City Manager or designee shall be required on each principal building in all districts. The number shall be at least three inches(3")in height, but no larger than twelve(12)inches in height. Said sign shall be excluded from the total allowable sign area calculation. No permit shall be required for such address sign. F. Governmental traffic control signs, non-commercial municipal signs, legal notices and temporary"danger" or"emergency" signs. G. Temporary advertising signs painted on or attached to the interior of a display window for commercial and retail businesses, provided they do not exceed 50%of the area of the individual window. H. One flag per government unit or agency with a pole height not exceeding forty(40)feet in residential districts and sixty(60)feet in height for all other districts. The vertical height of the flag(s) where attached to the pole shall not occupy more than 20%of the pole height. All additional flags shall be subject to permit requirements and applied toward the total allowable sign area for a property and shall not exceed Ai forty(40) square feet in area or twenty(20)feet in pole height. There shall be no setback requirements Ili for flag poles. I. Real estate signs, including banners, on a temporary basis,for the purpose of selling or leasing individual lots or buildings,provided that each such sign is no more than eight (8)square feet in area for single family detached residential uses and thirty-two'(32)square feet for'any other use, not exceeding eight (8) feet in height. Such a sign shall be located only on the premises involved,and it shall be removed immediately upon sale or lease of the property or within twelve(12) months, whichever is sooner. Real estate signs shall be allowed independent of the allowable sign area and limitations of the subject property. J. Rummage (garage)sale signs only on private property not exceeding six(6) square feet in area and K. Holiday signs or displays which are displayed for a period not to exceed seventy-five (75) days in any calendar year,and shall not exceed twenty(20) square feet in area. L. Exterior private.directory signs not exceeding sixteen (16)square feet in area. M. Non-illuminated identification signs for home occupations not exceeding two(2) square feet in area attached to the dwelling. 801.27.08: PERMITTED SIGNS: in.the following zoning districts as noted on the following page and as established within this Ordinance for the City of Wayzata,the corresponding signs and standards are herein established as the regulations governing new sign construction, installation or alteration from the effective date of this Section forward. A sign permit in accordance with Sections 801.27.02, 801.27.03, and 801.27.04 shall be required under this Section prior to any sign construction, installation or alteration. The following Sign Table shall be interpreted as providing for sign usage by right where standards are indicated for gross surface area and. prohibited where blank. A Conditional Use Permit (CUP) may be requested for a sign where indicated. Conditional Use Permit requests shall be processed in accordance with Conditional Use Permit procedures established within Section 801.04 of this Ordinance. April 1992 27.4 11-16-1995 2:53PM FROM CITY OF WAYZATA 473 4178 P. S *1.27.09: ADDITIONAL SIGN PERFORMANCE AND STANDARDS: The following standards shall apply to all signs permitted under Section 801•.27.08. A. No sign, sign structure or other apparatus prohibited in any residential district which exceeds eight (8) feet in height shall be set back less than two and one-half(2-1/2)times the sign height in distance from any such residential zoning districts. The sign shall also be positioned so that the copy is not visible from existing or potential residential uses within said districts along adjoining side and rear yard property lines, B. Standards for signs allowed by Conditional Use Permit shall be applied to applicable districts as provided for at time of approval. In addition to the criteria for approval as specified within the procedures for Conditional Use Permits by this Ordinance,the following standards shall also be taken into account: 1. The sign placement,height or design does not create a safety hazard with regard to,from or on a public street or roadway. 2. The sign placement, height or design does not create a safety problem or negatively affect adjoining properties or use. 3. Consideration shall be given to the possible adverse effects of the proposed Conditional Use Permit and satisfactorily address any additional requirements that may be necessary to reduce such adverse effects, The City's judgement shall be based upon (but not limited to)the following factors: a. Relationship to area plans. b. The geographical area involved. c. Whether such Conditional Use Permit will depreciate the area in which it is proposed. d. The character of the surrounding area. e. The demonstrated need for such Conditional Use Permit. f. Whether such Conditional Use Permit would inherently lead to or encourage disturbing influences in the neighborhood. C. In C-3 Commercial Zoning Districts where a public frontage road separates a fronting property from the freeway,the following provision shall apply: In those cases where there is a grade difference of more than four(4)feet between the proposed location of the sign and the higher grade of the freeway towards which the property fronts and the sign is oriented,the City Council may grant an increase in sign height to allow adequate visibility of the sign. In no case shall the sign height exceed thirty (30)feet above the grade of the freeway or exceed a total of forty(40)feet. D. Time and/or temperature signs fronting on Wayzata Boulevard in all commercial districts shall be excluded from the maximum sign area limits allowed per sign, provided that: 1. Time and/or temperature signs on Wayzata Boulevard shall not be closer than two thousand (2,000)feet from another time and/or temperature sign. 2. The principal structure has a minimum floor area of forty thousand(40,000) square feet. 3. For freestanding signs,the sign conforms with the height and location requirements in this Ordinance. 4. Should the sign be attached to a wall,with the exception of size,the sign shall conform with wall sign requirements. 5. The time and/or temperature sign shall be limited to a maximum total area of fifty (50)square feet exclusive of the principal signage allowed for that property. 6. The sign conforms with illumination requirements except that the lights may be on twenty-four (24) hours a day. 4111 7. The message depicted is contained in one statement and not a continuing sentence or flow of information. E. Where a building, group of attached buildings on the same block or center contains more than one business,the allowable sign area for any single business shall be its portion of the gross square footage Aeril 1992 77S • 11-16-1995 2:54PM FROM CITY OF WAYZATA 473 4178 P. 6 of the building or center applied as a percentage to the allowable sign area of the entire building or center. F. Pylon, monument or free-standing signs exceeding five (5)feet in height, where permitted,shall be limited to one(1) per commercial establishment. Multi-establishment buildings are herein considered a single commercial establishment. In the event that a shopping center or other type of commercial establishment desires more than one (1) pylon, monument or free-standing sign exceeding five(5)feet in height,then a Conditional Use Permit may be requested in accordance with all Conditional Use Permit procedures as set forth in Section 801.04 of this Ordinance. G. Independent of the total allowable sign area for individual businesses,one (1) identification sign for a shopping center or other commercial center may be permitted per arterial street frontage. H. Where there are two (2)wails of a principal building,with each having primary frontage on a principal streets,both frontages may be calculated on an individual basis with the total allowable wall sign area applied to the respective street frontage. In no circumstances, shall more than a fifteen (15)foot building height be used in the calculation of a principal wall frontage. J. All artificial illumination of signs in non-residential districts adjacent to or within two hundred(200)feet of residential districts or uses shall be turned off at the close of business or by 10:00 PM, whichever occurs later. This requirement may also be applied to other appropriate locations as deemed necessary by the Wayzata City Council for the protection of certain areas as may be provided through approved policies contained within the City's Comprehensive Plan. K. So as not to create a double exposure or increase sign size limitations,there shall be a maximum separation angle of forty-five(45)degrees for signs which are back to back. in all residential districts, double-faced signs shall be parallel. L For ground/low profile and monument signs,the copy or graphic area shall not exceed fifty (50)percent of the potential maximum gross surface area, unless approved as a conditional use permit. M. Where there are special approved design features on a building such as cupolas,steeples,domes, chimneys, etc.,a wall sign may be erected on such an architectural feature subject to approval of a Conditional Use Permit in accordance with all Conditional Use Permit procedures as set forth in this Section and this Ordinance_ In no case shall the sign exceed the gross or total allowable sign area permitted. N. Independent of the total allowable sign area for individual residences in the R-1A, R-1, R-2A, R-2, R-3A, and R-3 Zoning Districts,two(2) ground/low profile or monument project identification signs for residential areas with six(6)or more lots may be allowed by Conditional Use Permit for each entrance to a unified project area consistent with the following provisions: 1. New subdivisions: a. Each sign structure may not exceed a total of thirty-two (32)square feet in area. b. Signs are to be located on outlots of sufficient size and area to accommodate them or within a dedicated permanent sign easement. A homeowners or neighborhood association is required for the area identified by the signs which shall own and be responsible for the upkeep,perpetual maintenance,taxes, insurance, utilities,and other costs associated with the sign(s)and their property. The association rules or by-laws shall specify how the aforementioned sign responsibilities will be delegated and paid for. City staff shall review the proposed bylaws to ensure that they specify the aforementioned responsibilities. c. Outlots or easements for signs are to be considered and planned for at the time of • preliminary plat application and will be included in the final plat. The development contract between the City and the developer shall specify the designated use of the outlot or easements, its ownership and the respective home owners association responsibilities regarding the proposed Improvements. d. Project identification signs as provided for herein, shall be limited to a unified and definable project area. April 1992 27,6 11-16-1995 2:54PM FROM CITY OF WAYZATA 473 4178 P. 7 • e. Lighting of signs may be allowed. The electric costs and maintenance of such lighting shall be the responsibility of the homeowners association or neighborhood association of the area identified by the sign(s)and shall be clearly noted in the association's rules or bylaws. f. The area around the sign is to be landscaped and maintained in such a manner as to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review by the Design Review Board. g. The design and construction of residential area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. Residential area identification signs are to be aesthetically pleasing when designed and constructed. The signs shall be compatible with nearby or potential homes and other structures in the area. Detailed construction plans and a materials list shall be included with the Conditional Use Permit application. h. The City reserves the right to require the removal,at the owner's expense,of any sign when the requirements of this Section and this Ordinance are not completely followed and adhered to or if the sign is not property maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign or nearby landscaping when removed by the City. 2, Existing Subdivisions: A low profile identification sign may be allowed,subject to the procedures set forth in and regulated by this Section and other.applicable City ordinances,for existing residential area plats. If no outlots or easements are designated for signs,the plat may be amended, in accordance with the minor subdivision section of the Wayzata Subdivision Ordinance,to provide for such a proposal and shall meet the same criteria and requirements as set forth for new subdivisions. O. Independent of the total allowable sign area for residential dwellings in the R-4A, R-4, R-5, R-6 or Residential Planned Unit Development Districts,two(2)project monument identification signs may be allowed by Conditional Use Permit for each entrance to an area consistent with the following provisions: 1. If the monument signs are to be located in a development which includes individual ownership parcels,then the provisions established for individual residences in Section 801.27.09.N above shall apply. 2. If the monument signs are to be located in a development which do not include individual ownership parcels,then all other provisions of this Section shall apply. 801.27.10: NON-CONFORMING SIGNS: A. Permanent signs which lawfully exist on the effective date of this Ordinance and which do not meet the requirements of this Section, except for advertising and billboard signs,and except for pylon and monument signs which exceed the maximum gross surface area and height which were required to be removed by November 18, 1987, shall be allowed to continue. These non-conforming signs shall not be altered, rebuilt or relocated, unless destroyed by natural or other causes uncontrollable by the owner, lessor or agent of the property, other than for routine maintenance, repair or to change the copy or message thereon without being brought into compliance with the requirements of this Section. B. After a non-conforming sign has been removed,it shall not be replaced by another non-conforming sign. Whenever the use of a non-conforming sign has been discontinued for a period of one(1) month,such use shall not be resumed thereafter unless the sign meets the requirements of this Section. Within a one (1)month period of the sign or business discontinuance,the sign owner shall remove the non-conforming sign. C. Non-conforming Uses. When theprincipal use of land is legally non-conforming under this Section,all existing or proposed signs in conjunction with that land shall be considered conforming if they are in compliance with the provisions of this Section for the most restrictive zoning district in which the principal use is allowed, or the C-1 zoning district, whichever provision is the most restrictive. April 1009 97 7 • 11-16-1995 2:55PM FROM CITY OF WAYZATA 473 4178 P. 8 tst * * e= r c, CI — 73 a7, C 1 , t 1 I 1 1 0 . C3 C . N =n a NJ O D G N 3' CO n n xi A .,J v,, rO - • I I i 1 5..+ sn t..t- O 0 3 3 1 • Q�i' 3 co 73 . en r .7i. I ✓t.r. i O zj,. .O d. d y Cl., f....1O C. 0 AA r,. . 3 _ 7'A 0 N ,•••••• = Y A 0, COG• C N w d 1 -i 0 0 0 O 7 r 7 0 -I O. M O c 2 cr - * r:0 r.0 • n d * N t N Z 0 G. Q v r► Z N •~•o•• 0. 0 O A 0 -d �, 0 O 7 Iv K 7 t - —1- � ,n .0 +n - '�Cs 0 e v to '�` a aVe 'R -Aa '� I°. Z Z -r is A 0 0.0 0 0 . 0 o+ o+ p.• vG rr d "' Z co. Co. r► tti co. ty co rt 3 O WO CP r 0 . r r r r • lbX O � co 301 .'C t0 co d - 77 • N N N r7 so 0 Z S C 0 7 C Vd • n 0. 1C 61 d 0 C A A r+ r C N N" t' O IO N Zt 3 -1C0 OO 0 .. • 828N^ rr N a' Cr. •.o. • . cd C - C a C 0 O 0 0 iv 'a' d p} la CD o CI - - CI "t m n V Co O D . N C •C Gni. N ..CR N N O. 0 'C 3 y to Co, Co A a (A 0 -4 o t`9 ., 0 0 C W G C C C a Ty = .Q N t.,cr, .0 7 C 4 r+7 ear 7 -i d rr D Q to � r ill rhos A CA • _ d C • , • •0 0 • 5 U1 tv O. +-•0 O N LO _ • N N U' 7 O d r' co Is J a m oa 0 7 —o o O C p m U1 -it e V ,-r 0 7 lc • H S ...' C e 3 3 �C b U, Nt N N U. WI V73 - rD O a. 7' d rt 7 Ct. ,O 3 h RsAO' -1 0 (0 _ _ 0 PJ H r 7 N N N N CV 0 to C r•- 3 0 3 0. .0 11-16-1995 2:56PM FROM CITY OF WAYZATA 473 4178 P. 9 801.27.11: ABATEMENT: If the Zoning Administrator or his designee finds that any sign has been erected without the necessary approvals or any sign is being maintained in violation of any provision of this Section, he may give written notice of such violation to the installer of said sign,to the permit holder and/or to the owner, lessee or manager of said property. If after receiving said notice such person fails to remove or alter said sign so as to comply with the pro- visions of this Section,the sign shall be deemed to be a nuisance and may be abated by the City under Minneso- ta Statutes, Chapter 429. The cost of such an abatement, including administrative expenses and reasonable attomeys'fees, may be levied as a special assessment against the property upon which the sign is located. S S April 1992 27.8 • _ f I SIGN REGULATIONS City of Apple Valley 6 0 As amended through Ordinance No. 555, May 13, 1993 SIGN REGULATIONS • TABLE OF CONTENTS Section 6-102. Objectives of regulations 1 Section 6-103. Definitions 1 Section 6-104. Signs Allowed Without A Permit 5 (a) Development signs 5 (b) Informational signs 6 (c) Directional signs 6 (d) Real estate signs 7 (e) Promotional sign 7 (f) Banners, balloons and streamers 7 (g) Menu boards 7 (h) Pump island signs 8 (i) Pedestrian awning or canopy sign 8 (j ) Wall coverage 8 (k) Rear entrance identification signs 8 (1) Political signs 8 (m) Non-commercial signs 8 (n) No trespass/no hunting signs 8 (o) Garage sale signs 9 • (p) Bench sign 9 (q) Signs erected by the city, county or state 9 (r) Park and ride site sign(s) 9 (s) Minnesota zoo signs 9 (t) Address numbers 9 (u) Public interest landmark signs 9 (v) Table of temporary sign size regulations 9 Section 6-105. Signs Requiring A Permit 9 (a) Table of types of signs permitted: 10 (b) Building signs; location on building 11 (c) Multi-story building signs 14 (d) Monument signs 14 (e) Major anchor/center signs 15 (f) Area identification sign 16 (g) Gasoline pump island signs 16 (h) Building sign substitution 17 Section 6-106. Prohibited signs 17 (a) Painting directly on exterior walls 17 (b) Paper signs 17 (c) Revolving beacons, sequential flashers 17 (d) Portable or movable signs 17 (e) Overhanging signs 17 (f) Open house, garage sale, and for sale signs 18 • (g) Advertising or billboard signs 18 1 5-13-93 • 6-107. Performance Standards 18 (a) Lighting regulations 18 (b) Changeable copy 18 (c) Placement of signs on driveway island or entrance . . 18 (d) Change of sign message 18 (e) Nonconforming signs 19 (f) Illegal sign 19 (g) Exposed structural components 19 (h) Signs which interfere with traffic signs, signals or devices 19 (i) Maintenance 19 (j) Table of setback and height requirements 20 Section 6-108. Sign administration 21 (a) Compliance with article 21 (b) Enforcing officer 21 (c) Permit applications 21 (d) Permit fees 21 (e) Variance - authorized 21 (f) Variance - conditions to granting 22 (g) Variance requests, fees 22 • 1 1 5-13-93 ARTICLE IV • SIGN REGULATIONS Section 6-102. Objectives of regulations. It shall be the intent of the provisions of this article to achieve the following objectives: (a) To establish standards which would permit businesses in the city a reasonable and equitable opportunity to identify themselves. (b) To preserve and promote civic beauty and not allow signs which would detract from this objective because of unusual size, shape, height, location, condition, cluttering or illumination. (c) To insure that signs in the city shall not create a safety hazard. (d) To preserve and protect the value of land and buildings, and to preserve and protect landscapes. • Section 6-103. Definitions. As used in this article, the following terms shall have the respective meaning ascribed to them: Advertising sign: A sign or billboard which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises. Allied business: Same or similar business with common name such as new and used auto sales. Area identification sign: A free standing sign which identifies the name of a commercial 'or industrial complex consisting of two (2) or more businesses. Awning: An attached canopy or similar structure designed to provide cover for entrances, walkways and windows. Area of sign: That area within the marginal lines or extreme outside edge of the surface which bears the advertisement, or in the case of messages, figures or symbols attached directly to any part of a building, that area which is included in the smallest rectangle which can be made to circumscribe any message, figure or symbol displayed thereon. For a sign with not more than two (2) back-to-back faces, only the area of one side is • computed in determining the sign area. 1 5-13-93 Balloon sign: An inflatable balloon or device used to draw attention to • a business or product. Banded areas: That portion of a building generally located along the front which is constructed for purposes of attaching building signs in a consistent and coordinated manner. Banner: A temporary display of information on material such as canvas or plastic. Billboard sign: See "advertising sign" . Building sign: A sign attached to and not projecting more than two (2) feet from the exterior wall or roof of a building. Bench sign: A sign attached to or a part of a sitting bench. Business sign: A sign which directs attention to the business or profession conducted on the premises. A "For Sale" , "For Lease" or "Infor- mation" sign shall also be deemed a business sign. In order to be considered a business sign rather than an advertising sign, all of the gross surface area of the sign must pertain to the major functions or name of the business, the trade names of primary products or goods manufactured or sold on the premises. Changeable sign: A sign or portion of a sign with separate inset • letters and/or symbols which can easily be removed and which are periodically changed. Construction sign: A sign used temporarily at the construction site identifying the contractors and builder. Copy area: The smallest vertical rectangle that can be drawn around the message on a sign. Directional sign: A sign erected upon private property to provide pedestriau or traffic direcLiuns and bears no auvertising information. Driveway median: A raised median intended to divide or channel vehicular traffic. Double face sign: A sign displaying identical information on opposite sides. • 2 5-13-93 • Development sign: A temporary sign located on a the site of a new development, listing owners, developers, builders and similar identifying information. Flashing sign: Any illuminated sign on which the artificial light is not maintained both stationary and constant in intensity and color at all times when such a sign is in use. Freestanding sign: A pylon or ground sign that is not part of the principal structure. Gasoline pump island canopy: A structure that provides shelter over gasoline pump islands. Grade of sign: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the sign and a line ten (10) feet from the sign. Ground sign: A sign erected upon or supported by ground and not attached to any building. Identification sign: A sign which bears the name and/or address of the occupant of the building. Illuminated sign: any sign which has characters, letters, figures, • design or outline illuminated by electric lights or luminous tubes as part of the sign proper. Informational sign: A sign that identifies building functions and is attached thereto, such as car wash bay or drive-in window. Major anchor/center sign: A specially designed, masonry clad, freestanding sign used to identify single tenant buildings that are in excess of 50,000 square feet or multi-tenant centers in excess of 100,000 square feet in building size. A conditional use permit is required for a major anchor/center sign prior to issuance of a sign permit. Menu board: A sign listing drive-up items in conjunction with a business serving customers in a car. Monument sign: A ground sign intended to permanently identify by name a residential development. Moving device: A device which move or rotates to attract attention for advertising purposes. • 3 5-13-93 Multi-occupancy building: A building designed to be occupied by two (2) • or more separate businesses. Non-commercial signs: Any sign that presents a message that is political, philosophical, social or personal and does not advertise or sell a service, product or other commercial undertaking. Pennant: A small flag used for decorative purposes or to attract attention. Political sign: A temporary sign which displays information pertaining to an upcoming governmental district, city, county, state or national election. " Portable sign: A sign so designed as to be movable from one location to another and not permanently attached to the ground or to any immobile structure. A portable sign may consist of a mobile structure such as a semi- truck trailer or other device whose primary function during a specific time period is to serve as a sign. Promotional sign: A temporary sign which shall not exist for more than thirty days which promotes civic events or promotions limited to city celebrations, Christmas tree sales, Fire Department's Booya and special school events. Pylon sign: A ground sign erected upon a single post or posts or shafts • that converge at a common base with the posts not more than fifteen (15) feet apart, with the display portion mounted on top thereof. Rear identification sign: A sign located adjacent to the rear entrance to individual businesses to clearly identify the location for "deliveries" . This identification sign shall not be considered in computing the maximum permitted sign area for a business. Roof line: That line at which an exterior wall surface of a building structure departs from a vertical plane. Readerboard sign: A sign with separate inset letters and symbols or changeable copy which 'can be easily removed and which are or is periodically changed. Real estate sign: A sign intended to aid on the sale, rental or lease or real property. Revolving sign: A sign which rotates at a constant rate of revolutions per minute. Setback for a sign: The shortest distance between a property or public right-of-way line and the surface or main supporting structure of a sign. Pylon signs, exclusive of the supporting structure, may project three (3) feet into the minimum required setback. • 4 5-13-93 Sign: A name, identification, description, display, illustration, structure, device which is affixed to, or painted, or represented directly or indirectly upon a building or other outdoor surface or a piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Temporary sign: Any sign which is erected for a limited time and/or special purpose. Traffic directional sign: A sign erected by a public agency for the purpose of guiding vehicular and pedestrian traffic in a safe and convenient manner and which bears no advertising information. Section 6-104. Signs Allowed Without A Permit. The following outdoor signs are permissible without a permit or payment of permit fees provided the standards and restrictions in this section are met: • (a) Development signs: (1) On-site residential: One (1) temporary on-site development sign shall be permitted for each subdivision in any residential zoning district (including multiple dwelling) under the following conditions: (i) Said sign shall only be permitted for a residential subdivision after a final plat has been filed. (ii) Said sign shall be located at least fifty (50) feet from any existing or to be occupied dwelling unit. (iii) Said sign shall be removed when the residential subdivision is ninety-five (95) percent sold out or the multiple dwelling project is seventy-five (75) percent sold or rented. (iv) Where more than one builder is involved in a residential subdivision, there still shall be only one (1) sign as described above, which may list the builders for the subdivision. 4111 5 5-13-93 • (2) On-site commercial and industrial: One (1) temporary on-site development sign shall be permitted in any commercial or1111 industrial zoning district under the following conditions: (i) Said sign shall only be permitted after the final plat has been filed. (ii) Said sign shall not be located upon a developed lot and shall be removed within three (3) months after the lot upon which it is located is developed, whereupon it may be moved to another vacant lot within the subdivision without paying a new fee. (iii) Said sign shall be removed when ninety-five (95) percent of the lots in the subdivision are built upon. (3) Construction signs: (i) One (1) temporary construction sign shall be permitted upon each property, in any zoning district during construction, in addition to any development signs on site. (ii) This sign shall only be permitted after a building permit has been issued and shall be removed before the building or any part thereof is occupied. (b) Informational signs: • (1) Informational signs, attached to a building, shall be permitted in order to locate building functions such as a car wash bay or drive-in window. (2) Informational signs shall meet building sign requirements for maximum height, shall be allowed for each bay, door, or window at a size not to exceed six (6) square feet in area each, and shall be in addition to any other business signs permitted by this ordinance. (c) Directional signs: (1) On-site directional signs, not exceeding a maximum of two (2) square feet per sign and a maximum number of four (4) signs per site shall be permitted in any commercial, industrial or • institutional zoning district for the purpose of directing vehicular or pedestrian traffic in a safe and convenient manner. (2) Off-site directional signs may be permitted by the city council to direct the public to emergency facilities. • 6 5-13-93 (d) Real estate signs: • (1) One (1) temporary sign per street frontage advertising buildings for rent and for sale shall be permitted in the front yard or front side of such building. Said sign shall be removed within ten (10) days after the property is rented or the closing of the sale. (2) Open House signs: Open house signs, which state that a particular house will be open for inspection by the public for a limited number of hours on a specific day, may be placed in the city boulevard area only during the open house hours. Signs may be placed within a six (6) block radius of the open house except as noted in section 6-104(d) (3) . Signs must be set back a minimum of five (5) feet from the curb and may not be placed on any sidewalk. (3) Open house and for sale signs may not be placed on the • following described street rights-of-way, easements, roadway surface, sidewalks, medians and decorative surfaces and are hereby determined to be in violation of the sign regulations. Any sign so placed is a nuisance and traffic hazard: Cedar Avenue - from 147th Street West to 153rd Street West. Galaxie Avenue - from 147th Street West to 153rd Street West. Pennock Avenue - from 147th Street West to 153rd Street West. • County Road #42- from Galaxie Avenue to Pennock Avenue. 147th Street W. - from Galaxie Avenue to Pennock Avenue. 153rd Street W. - from Galaxie Avenue to Pennock Avenue. (e) Promotional sign: A maximum of two (2) temporary promotional signs not exceeding thirty-two (32) square feet in area for each sign, shall be permitted for special events limited to school events, city celebrations and Christmas tree sales. Sign shall be permitted only upon notification of the city, for a maximum of thirty (30) days before the event or sale and shall be removed thereafter. Sign may be located in any zoning district subject to permission of the property owner. (f) Banners, balloons and streamers: Except for grand openings and holidays, banners, streamers and balloon signs shall not be used. The use of banners and streamers is permitted only upon notification the city. Such use shall be discontinued within (15) days after the first day and shall be not used in any location again until thirty (30) days has lapsed between use. Such use shall not be at any location more than thirty (30) days per calendar year. (g) Menu boards: Menu boards shall be permitted under the following conditions: (1) maximum of one (1) menu board shall be permitted with a restaurant providing drive-up window service.• (2) The menu board shall be a maximum of thirty-two (32) square feet in area and may be in addition to any signs otherwise permitted by this ordinance. 7 5-13-93 • (h) Pump island signs: A double faced or a single face sign with a • single side not in excess of three (3) square feet shall be permitted on each gasoline sales pump island, not to exceed ten (10) feet in height. (i) Pedestrian awning or canopy sign: A business sign, limited to one (1) foot in height and six (6) feet in length, may be located upon the front of a building or canvas awning provided the awning is attached to the building and meets the minimum building setbacks of the city's zoning ordinance. A pedestrian awning or canopy sign may be placed under the canopy, perpendicular to the pedestrian walkway, provided it is at least eight (8) feet above the pedestrian walkway. (j) Wall coverage - The total area of all signs on any side of a building shall not exceed twenty (20) percent of the total area of that particular side of the building as measured from the ground to the bottom edge of the roof. Inside window signs shall be excluded from the wall coverage computation but shall not exceed fifty percent (50%) of the coverage of the window area along any side of a building. (Note, table of contents refers to this as "window" coverage. ) (k) Rear entrance identification signs: Rear entrance identification signs not exceeding six (6) square feet in copy area shall be permitted as building signs located adjacent to the rear entrance to individual businesses to clearly identify the location for "deliveries" . Said identification sign shall not be considered in computing the maximum permitted sign area for a business. • (1) Political signs: (1) Temporary political signs may be put up no earlier than 90 days prior to an election and shall be removed within ten (10) days after the election for which they were applicable. (2) Each such sign shall show the name and address of the person responsible for the placement of the sign, who shall be deemed prima facie the person who placed the sign and is responsible for its removal. (3) In all 'cases where campaign signs are not removed within the time limit allowed or after notice to be removed by the city, the city may cause the signs to be removed and the costs of removal shall be charged to the person named on the sign. (4) The size is limited to 32 square feet except as prescribed by state statutes. (m) Non-commercial signs: In any residential district, one sign per lot, up to 32 square feet is allowed. This sign may be in addition to any real estate signs on the property. (n) No trespass/no hunting signs: No trespass, no hunting and similar • restrictive signs, not to exceed two (2) square feet in area may be placed upon private property by the owner. 8 5-13-93 (o) Garage sale signs: Signs advertising garage sales shall be limited 1110 to a maximum of three (3) days for each sale. There shall be no more than three (3) sales each calendar year for a household and signs shall not exceed three (3) square feet in area. (p) Bench sign: Signs painted upon or otherwise attached to or a part of a sitting bench at an MTC or MVTA designated bus stop shall be permitted in any district. (q) Signs erected by the city, county or state. (r) Park and ride site sign(s) : The Metropolitan Transit Commission or Minnesota Valley Transit Authority shall be permitted to erect on-site signs to identify park and ride site locations and bus stops with suitable signs provided permission for such signage has been obtained from the property owner. (s) Minnesota zoo signs: Signs within the Minnesota Zoological Garden that are not within one hundred (100) feet of a public street or road. (t) Address numbers: Address numbers less than six (6) square feet in total copy area shall not be subject to the maximum sign area provisions of this ordinance. (u) Public interest landmark signs: Public interest landmark signs (such as downtown entry gateways, park signs, plaza areas) may be erected on property which is owned or controlled by the city and must be approved by the city council. (v) Table of temporary sign size regulations: Type of Sign Maximum Sign Description Pylon Ground Building Area (Sq. Ft. ) Construction -- 1 -- 32 any district Real Estate -- 1 or 1 6 res. district 16 other districts Development -- 1 -- 80 any district Non-Commercial -- 1 -- 32 any district Promotional -- 1 -- 32 any district Section 6-105 . Signs Requiring A Permit. The following signs may be erected or maintained, as shown for each zoning district or land use, only after obtaining a permit from the city and • payment of permit fees, providing the standards and restrictions in this section are met: 9 5-13-93 (a) Table of types of signs permitted: Zoning Type of Sign Area District Pylon Ground Building (SQ. Ft. ) Residential -- 1 -- 40 Ag. & Multiple -- 1 or 1 40 Institutional -- 1 1 40 each Neighborhood Center -- 1 1/business 40 each Gasoline Sales 1 or 1 1 40 building', 80 pylon or 40 ground Limited Business Single Occupant -- 13 1 40 bldg.2, 40 ground Multi-Occupant -- 13 1 40 bldg.2, 60 ground General Business Single Occupant 1 or 1 1 125 total' (pylon/ground s110) Multi-Occupant 1 or 1 1/business 40 building' 110 pylon or ground per bldg. 410 Retail Business Single Occupant 1 or 1 1 125 total' (pylon/ground s110) Multi Occupant Under 50,000 sq. ft. 1 or 1 1/business 40 building' 110 pylon or ground per bldg. Multi Occupant Over • 8 180 pylon or ground oer bldg. Shopping Center Regional - Same as Retail Business - Visitors Business - Same as Retail Business - Industrial and Sand & Gravel - Same as Retail Business - Planned The ordinance establishing each planned development district Development shall be used to determine the most applicable zoning district designated for each lot and signs shall be permitted by the most applicable zoning district as determined by the city building official. 1111 rootnotes: bee next page. 10 5-13-93 Footnotes: 'Sign area - Neighborhood Gas Sales, General, & Retail Business: 4110 Building floor area s 5,000 sq. ft. = 1 sq.ft. of sign per 25 sq.ft. of occupant's retail floor area. Building floor area > 5,000 sq. ft. = After the first 5,000 sq.ft. , 1 sq.ft. of sign per 100 sq.ft. of occupant's retail floor area. Maximum allowed: 500 square feet of sign Minimum entitlement: 40 square feet of sign 2Sign area - Limited Business: 1 sq. ft. of sign per 100 sq. ft. of total building floor area. Maximum allowed: 200 square feet of sign. Minimum entitlement: 40 square feet of sign. 3See also section 6-105(h) regarding a second permissible ground sign as a substitution for all building signs. (b) Building signs; location on building: (1) Building signs shall be affixed to buildings according to the following requirements: (i) Prior to issuance of a sign permit, the owner of the building shall designate a signage plan for all sides of 1110 single or multi-occupant buildings. The signage plan shall include: the maximum height and width of signs; materials and colors to be used on signs; and, the location and dimensions of the sign band area. All building signs shall be affixed to a building wall, within the designated sign band area, and shall not exceed the allowable dimensions of this code. All signs proposed by building owners or tenants shall adhere to the requirements outlined in the signage plan for the building. (ii) The sign band area shall bP located no higher than the top of the parapet walls or the overhang of the roof. (iii) In multi-story buildings, no signs shall be permitted above the ceiling of the first floor except as provided in Section 6-105(c) . (iv) Primary signs shall be placed on the side of the building where the main entrance is located. In buildings with individual entrances, business identification signs shall be placed within 10 feet of the main entrance to each business. Signs on the exterior of an enclosed mall shall be located near entrances closest to the business location. Sign locations for each tenant shall be assigned and identified in the signage plan. 11 5-13-93 (v) Additional building or business identification signs are permitted under the following conditions: 4110 1. The owner/agent shall submit a master signage plan containing the following information: a. A dimensioned site plan and elevations of the building or buildings to be included in the master sign plan; b. Computation of the maximum total sign area, the maximum area for individual signs, the height of the signs, and the number of free- standing signs allowed in the plan under this ordinance; and c. An accurate indication on the site plan of the proposed location of each present and future sign of any type. 2. The maximum number of signs affixed to a building by each business within the building shall be controlled through the master sign plan. 3. Additional signs are allowed on a side of a building which abuts business or industrially zoned property or a public street, except where the side of the building faces an adjacent public street 410 which abuts residentially zoned property. Additional signs shall not be installed on the same face of the building as the main entrance sign. 4. The wall of a building where additional .signs are located shall have sign band, wall materials and/or exterior colors similar to the main entrance wall and all trash, storage, and loading facilities along the wall shall be screened from adjacent properties in the same materials and/or exterior colors. 5. In multi-occupant buildings, additional signs shall be affixed to the building sign band, which is identified in the master signage plan. 6. Additional building signs shall be identical to the main primary business sign, but shall not be considered as part of the total square footage allowed for that property or business. 1110 12 5-13-93 1110 (2) Common signage plan: (i) If the owners of two or more contiguous (disregarding intervening streets and alleys) lots or the owner of a single lot with more than one building (not including any accessory building) file with the city a common signage plan conforming with the provisions of this section, a twenty-five percent (25%) increase in the total sign area shall be allowed for each building or lot included. This bonus shall be allocated as the owner(s) elect. (ii) Provisions of plan. The common signage plan shall contain all of the information required for a master signage plan and shall also specify standards for consistency among all signs on the lots affected by the plan with regard to : color scheme; lettering or graphic style; lighting; location of each sign on the buildings; materials and sign proportions . (iii) Other provisions of a plan may contain such other restrictions as the owner of the development or buildings may reasonably determine. (iv) Consent. The plan shall be signed by all owners or 111, their authorized agents in such form as required by the city. (v) Procedures. A signage plan shall be included with any building permit authorization, site plan review, non- residential planned unit development, exterior remodel or other official plan required for the proposed development and shall be reviewed simultaneously with such other plans. (vi) Amendment. A signage plan may be amended by filing a new plan that conforms with all of the requirements of the city code in effect at that time. (vii) Existing signs not conforming to plan. If a new or amended signage plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into compliance, within three (3) years, all signs not conforming to the proposed amended plan or requirements of this chapter in effect on the date of submission. (viii) Binding effect. After approval of a signage plan, no sign shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of this code. In case of any conflict between the provisions of such a plan and this code, the code shall control. 13 5-13-93 (c) Multi-story building signs : For multi-story buildings, in all zoning districts, no signs attached to the building, temporary or permanent, 4110 shall be permitted above the first floor except for the following: (1) Building of four (4) stories or more, located in a commercial or industrial district shall be permitted additional building signs in addition to any signs otherwise permitted by this ordinance. (2) Said additional building signs shall be a maximum of two (2) signs with each sign not to exceed two (2) square feet of sign area for each 1,000 square feet of gross floor area of the building. (3) The two (2) additional building signs shall not be located upon the same side of the building. (4) The two (2) additional building signs shall be identical in all respects. (5) The two (2) additional building signs shall not extend above the highest outside wall or below the fourth floor of the building. (6) The two (2) additional building signs shall not extend across more than forty percent (40%) of the width of the side of the building upon which it is located or forty percent (40%) of 1110 the height for vertical signs. (7) Said additional building signs shall only be permitted after review by the City Planning Commission and approval by the City Council. (d) Monument signs: A monument sign intended to permanently identify a multiple dwelling or single-family residential development shall be per- mitted under the following conditions: _ • the city such as homeowners association, which shall be clearly responsible for the perpetual maintenance of said monument sign and its environs with corresponding powers to raise maintenance capital, or (2) In the alternative, there shall be a one thousand dollar ($1,000) fee paid to the city and a ground easement. surrounding said monument sign granted to the city in order that the city may remove said monument sign and its environs if it is not maintained or if it otherwise becomes necessary to remove said sign. (3) The monument sign shall not exceed forty (40) square feet of copy area. 1111 • (4) The monument sign shall be a minimum of thirty (30) feet from any existing or future residence. 14 5-13-93 1110 (5) The city, at the discretion of the city council, may deny a permit for a monument sign where it is determined that the monument sign may create an undue burden upon the city by virtue of its size, location, building materials or potential need for maintenance. (e) Major anchor/center signs: (1) Major anchor signage: One (1) major anchor/center sign may be permitted to identify tenants or building occupants in excess of 50,000 square feet, subject to the provisions (3) below. (2) Shopping center signage: Two (2) major anchor/center signs may be permitted for a center in excess of 150,000 square feet, subject to the provisions of (3) below. (3) All major anchor/center sign structures are subject to a conditional use permit, as provided in Section Al-72 of the City Code, and site plan approval by the City Council. The following criteria shall apply to all major anchor/center signs: (i) The property on which the sign is to be located shall be zoned "RB" or "SC" and the sign shall abut County Road 4 42 (150th Street) , County Road 23 (Cedar Avenue) , or a portion of the Downtown Ring Route. (ii) The major anchor/center sign(s) shall be the only freestanding sign(s) permitted for the business or center. Such signs may be placed on any lot within the planned unit development or subdivision provided the sign applicant controls the land by easement or title. (iii) A maximum of seventy-five percent (75%) of the sign structure exterior face shall be encased in the same style and color brick, or othcr approved exterior material, used on the face of the principle building. A'minimum of twenty-five (25%) of the exterior face of the sign structure shall be encased in a brick, tile, glass or steel rail similar in design and color to the city's downtown streetscape improvements. This material shall be concentrated between the finished ground grade and forty-two (42) inches above said grade. (iv) The sign shall be set back a minimum of thirteen (13) feet from the property line, pathway easement or public street right-of-way line. Such signs may be no closer than three hundred (300) feet to the nearest freestanding sign on the same side of the right-of=way, 41110 nor closer than fifty (50) feet to a corner intersection of two right-of-way lines. 15 5-13-93 (v) The maximum height of the sign structure shall be twenty-eight (28) feet above finished grade. 410 Architectural design details, similar to the design of the principle building, may extend five (5) feet above the maximum height (28 feet) of the sign. Sign area shall not exceed 180 square feet per side of the sign (two sides maximum) . (vi) All signage shall have individual, internal backlit letters and symbols. Additional sign lighting may be ground lighting, the source of which is concealed from view. (vii) Landscaping plans for the area around the base of the sign shall be completed and reviewed as part of the conditional use permit/site plan approval process. (f) Area identification sign: Area identification sign(s) shall be located in the following manner: (1) Area identification sign(s) shall be located upon the property of the complex it is identifying. (2) Area identification sign(s) shall be located along a public street frontage. (3) Area identification signs shall be located a minimum of fifty 110 (50) feet apart from any other area identification sign or pylon sign. (4) No more than one area identification sign for a particular complex shall be located along the same street frontage. (g) Gasoline pump island signs: 1 Gaso "ne .um. " a.. - .•• .< - . . 11 signs in addition to those otherwise permitted on the principal structure. (2) Canopy signs shall not exceed 10 feet in length or 20 square feet each and shall not be placed on the same side of the canopy. (3) Lettering on the signs shall not exceed two (2) feet in height or the average height of the letters on the sign attached to the principal structure, whichever is less. (4) Canopy signs shall be placed in a manner that will allow a six inch (6") minimum border between the top, bottom, and sides of a canopy face. The sign area is determined by measuring the text only. Stripes or colors do not contribute to the sign area computation. 16 5-13-93 110 (h) Building sign substitution. A ground sign may be substituted for all permitted building signs when all of the following conditions are met: (1) The lot must be in a limited business zone ("LB") or be a limited business use in a planned development zone. (2) The lot must be a through lot with double street frontage, but may not be a corner lot. (3) The building's architecture must be of a style or character which does not lend itself to the use of a building sign. (4) Any existing building signs must be removed and no otherwise permitted building signs shall be erected. (5) The ground sign must be located on the side of the lot abutting the minor or interior roadway. (6) The ground sign must meet the size, height, and setback requirements for the primary ground sign permitted on the site. (7) The ground sign shall be in addition to all other permitted ground signs. 411, Section 6-106. Prohibited signs. (a) Painting directly on exterior walls; prohibited: Signs shall not be painted directly on any exterior building surface but shall be on a separate frame. Signs, letters and symbols may be attached directly to a wall by adhesive or mechanical means. (b) Paper signs; prohibited: There shall be no paper cardboard or similar signs, notices or flyers, pasted, tacked or otherwise affixed to the (c) Revolving beacons, sequential flashers, and flashing signs are prohibited: There shall be no use of revolving beacons, sequential flashers or similar devices. (d) Portable or movable signs; prohibited: There shall be no use of a sign so designed as to be movable from one location to another, such as, but not limited to, readerboards, semi-truck trailer or other device whose function is to serve as a sign. (e) Overhanging signs; prohibited: No permanent or temporary signs shall be upon or overhang the public right-of-way or the boundary of adjacent property except traffic signs erected by the city, county or state. • 17 5-13-93 (f) Open house, garage sale, and for sale signs shall not be placed on410 the following described street rights-of-way, easements, roadway surface, sidewalks, medians and decorative surfaces. Any sign so placed is hereby determined to be in violation of the sign regulations, a nuisance and a traffic hazard: Cedar Avenue - from 147th Street West to 153rd Street West. Galaxie Avenue - from 147th Street West to 153rd Street West. Pennock Avenue - from 147th Street West to 153rd Street West. County Road #42- from Galaxie Avenue to Pennock Avenue. 147th Street W. - from Galaxie Avenue to Pennock Avenue. 153rd Street W. - from Galaxie Avenue to Pennock Avenue. (g) Advertising or billboard signs; prohibited: There shall be no permanent or temporary signs which direct attention to a business , commodity, service or entertainment conducted, sold or offered elsewhere than on the premises. 6-107. Performance Standards. (a) Lighting regulations: (1) All illuminated signs shall have an indirect or diffused light source and be designed so as not to direct rays of light onto 410 public streets or adjacent property, thereby creating a nuisance or safety hazard. (2) There shall be no flashing signs permitted in any district. (3) No illuminated sign which changes in either color or intensity of light shall be permitted except one giving public service information. (4) Lighted revolving signs shall be permitted, but the bottom of the sign surface shall be a minimum of twelve (19) feet above the street grade and a minimum of one hundred (100) feet from the center of any public street intersection. (b) Changeable copy - A maximum of two-thirds (2/3) of the total area allowed for a freestanding sign may be used for changeable copy. (c) Placement of signs on driveway island or entrance - No permanent or temporary sign shall be located upon a driveway median for a distance of a minimum of thirty (30) feet from a public street right-of-way. (d) Change of sign message - Upon any change or replacement, the sign will constitute a new sign, requiring a new initial fee, and issuance of a new permit. If the sign does not exceed the size requirement as provided in this ordinance and the change is in content only, an application and drawings must be submitted, but the fee will not be required. 1111 18 5-13-93 (e) Nonconforming signs - continuation of previously permitted signs - Existing signs, other than temporary signs, which were permitted under sign regulations in effect prior to enactment of the ordinance from which this article is derived, may be kept as and where they were then located, even though they may not conform to these regulations. Upon replacement of the sign, there must be compliance with these regulations , unless the replacement is one hundred (100) percent identical to the original. (f) Illegal sign - When an illegal sign(s) exists upon a parcel of land or business property, the city may refuse to issue a permit for any other sign on that property until said illegal sign(s) is removed,. (g) Exposed structural components - Preventing adverse effect upon adjacent property. Exposed backs of all signs and the sign structure must be painted a neutral color and otherwise be maintained so as not to have an adverse effect upon the adjacent property. (h) Signs which interfere with traffic signs, signals or devices. No sign shall be installed, which, be reason of position, shape, color or wording would interfere with the proper functioning of any official traffic sign, signal or device. (i) Maintenance; refuse and removal: (1) All signs shall be maintained in good condition and the areas around them kept free from debris, bushes, high weeds and from anything else which would be a nuisance. (2) All business signs shall be removed from the building and property by the owner of such property within ten (10) days after business or use is terminated except for framework that is expected to be used for a future business sign. (3) All signs shall contain current information. Outdated signs or signs with outdated information shall be removed by the owner. (4) When any sign is removed, the enforcing officer shall be notified and the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions. (5) Signs not in compliance with code: (i) When a sign placed on private property is not in compliance with this code and has not been removed by the owner or operator of a business, the city shall have the right to remove said sign, after ten (10) days written notice and charge the cost of removal to the owner or operator. Where a safety hazard exists, the city may remove the sign without notice. • 19 5-13-93 (ii) When a sign placed on public property is not in410 compliance with this code, the city shall have the right to remove the sign immediately and store the sign for not less than 60 days, whereupon the city may dispose of the sign in a manner similar to other abandoned property. (j) Table of setback and height requirements: The following minimum setbacks and maximum heights shall be required for all signs: Minimum Setback From Public Street Minimum Setback Maximun Type of Sign Right-of-Way Line Other Yards Height Advertising Minimum Required Minimum Required 12 feet Building Setback Building Setback Business Building Minimum Required Minimum Required Highest Building Setback Building Setback Outside Wall Construction 13 feet 10 feet & minimum of 8 feet 50 feet from any residence Development - 13 feet except signs 10 feet & minimum of 12 feet 10 Residential, over 100 sq. ft. 50 feet from any Commercial & shall be set back residence Industrial 20 feet Garage Sale, 18 feet from gutter 10 feet 8feet Political & line or outside Promotional edge of roadway Ground Sign * 13 feet 10 feet 8 feet Major Anchor/ Center * 13 feet 10 feet 28 feet Menu Boards 20 feet 10 feet 8 feet Monument Sign 13 feet 10 feet 8 feet Pylon Sign * 13 feet 10 feet 24 feet Real Estate 13 feet 10 feet 8feet Non-Commercial 13 feet 10 feet 8 feet * A pylon sign must be a minimum of 50 feet from any other pylon sign. Any pylon or ground sign must be 300 feet away from any Major Anchor/Center sign. • 20 5-13-93 Section 6-108. Sign administration. (a) Compliance with article. No sign shall be erected, installed, constructed or painted in the city, except in compliance with this article and unless it shall conform to and meet the requirements of this article. (b) Enforcing officer. The city building official and inspectors or any other city employee duly appointed by the city council shall be the enforcing officer of this article. (c) Permit applications. The application for a sign permit shall be made upon forms provided by the city and shall state or have attached thereto, the following information: (1) Name, address and telephone number of applicant and owner of the sign. (2) Location of building, structure or lot to which or upon which the sign is to be attached or erected. (3) Position of the sign or other advertising structures in relation to nearby buildings or structures . (4) A scaled drawing or photograph of the plans and specifications and method of construction or attachment to the building or 4110 in the ground. (5) Copy of stress sheets and calculations showing the structure is designed for dead load and wind velocity in the amount required by the City Building Code and if requested by the city building official. (6) Name of person erecting the structure. (7) Such other information as the city may require. . - -- . . • (1) Business signs: For each business sign there shall be a fee as specified in section 1-23. (2) Monument signs: For each monument sign there shall be a fee as specified in section 1-23. (e) Variance - authorized. To provide reasonable flexibility in the sign regulations, the council may approve a variance for a sign otherwise not permitted by these regulations where such exceptioh would not be inconsistent with the intent of the sign regulations. 410 21 5-13-93 (f) Variance - conditions to granting. No variance shall be granted410 unless the council shall find that either condition (1) or (2) hereinafter set forth exists: (1) All of the following requirements must be met: (i) Special conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures or buildings in the same district; and, (ii) That the special conditions and circumstances do not result from the actions of the applicant; and (iii) That a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations; and, (iv) That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district; and, • (v) The proposed use of the property shall have an appearance that will not have an adverse effect upon 1111 adjacent properties and there will be no deterrence to development of vacant land. (2) Any proposed signage beyond the maximum square footage permitted would have the primary function of providing a public service. (g) Variance requests, fees. All requests for variances shall be made in writing to the city on the form provided by the city and the request shall include the fee specified in section 1-23. All information required when applying for a sign permit, as outlined in section 6-108 shA-11_hp i gidted before the request for a variance is considered by the council. 22 5-13-93 r 1:7.i-2.:, r a of 30 O Y a rf . js A • • .1-1 S NO T : �Q ^ n n n • n in00 •... S"I O.. n y •• • S C 0 0 ..... O.N..-ar 9 :o" N • cn ■ 7 n.. � r aR• • w 33.C1...AQr. • ... r..:°.w v o n r 7432.3 -. n n m • p�r n • . o 0. 3 ^ o a • a i .O • r O. • w• O to y N N 0 i 3 C r«.0... y '7 7+ n• 0 • 43 n Y 9 q r 1+ A 3 N`L!�Pt• A A ^ ..• r • ►i 3 •< S• J70 • .p "y w "' "' ^ S 0 OOiC C Ql n,p 1 "• Q • 3r • a• •3 •r� r •.03 ^ian 11 O • r Q02 • O • 3'. • f ten. 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M 4M'4 Cl M n a • - 5 • a 1- -01-30. rf • 3. •4 3 • • r• • 041 r • .O • 10 4rt.. 1-1- • 1.0 ....• •4 • • 1-3 • n■ 5 r Cn 1.w.3 • r X'7 0.01 = 031 • ■ • a 7O • 3 4 • • 0 am 5C •41 4 n rt 7• • M 1- r • n ■ M n 0 O• r 3 P.5 0 a 0 O n ;7 7 • 0 • • • • O n r 0 n 0.O • 0 . 1. 0 4 1-• it 4 0 .0 M • 7 1-4 7 • M 4 ret Cl n 1-c C it 30 0 • 3 1...1 M • it rtr • 0 X 7 • 7 C '53' • ■ n f C O 77a .. 0 7• 7 5 n i ■ • • M • r 7 7 3 1-• • • r M • 3 •4 • • - 3 in 3 • • • 0 • • O. O 0 n C In 7 7n• i•4 0.c 3• • o.•.-•C o O A S R 0. C c c o n . -o s 1.5 3 i r i INFORMATION SERVICES Classification # !(") League of Minnesota Cities .183University Avenue East Date �� 1 t! AlkSt. Paul, MN 55101-2526 Mr Subject Municipality MI ,e.n,el 1 N« > d . . I R - - - .4.,_,,,..„._ •�,� } ..�...���-�Y-+R.i-y (OY JY N�) r1 S .„_.... ,._ . ,'4 -- ORDINANCE NO. •91-597 AN43RDINANCE AMENDING THE CITY CODE TO REPEAL 14- 2XISTIUG :SECTION.300.30, ADOPT A NEW SECTION 300.30,- 3 .? € . �i2�0AKEND SECTION 1405 REGARDING,SIGNS • _ r11"' ' .diT :MINNETONKA,-MINNESOTA DOES ORDAIN: :,' Dni'sting City Code Section '300.30 ..-x.•,;;, Seotiotr .a%�j new Section 300.30 i.....,..., ..„,, .„,_ s added to the Code -iii-the attached as Exhibit B. • wx r ..,. 9eation '3sf 6ection 1405, Paragraph 37 of the City Code is amended asfQiibws: -. VP -r _ 378 333' 4 Permanent Pemperary c._ Bt}}beards , 55-ee 300.30 ,5ians Impound Fees: -Less than 5 sg.ft. 20.00 ,- Over 5 so. ft. 50.00 ` { % - Additional Storage Fee . for sign over 5 so. ft- 10.00 Der x• ti W • permit Fees: slaY 4,>: • <: r:- Permanent Temporary 20.00 20,00 r-.- .-- 9utdoor Advertising 60.00 ner '- . ,4.,........./..4q- - Year :Section 4. Any violation of this ordinance is subject to the penalties and provisions of Chapter XIII of the City Code. Section 5. This ordinance is effective 30 days after publication. Adopted by the City Council of the City of Minnetonka on this 25th •day of February • 1991.'^___7 �._, �+ /: :. _.L� TIMOTHY M. RGSTEDT, MAYOR S ' INFORMATION SERVICES Classification i League of Minnesota Cities 183 University Avenue East Date St. Paul, MN 55101-2526 Subject • Municipality i :EXHIBIT B -.4 -. I,' 41-1!;Ga .k 7 z: R .P',e+'i ...4. _ -•• ,� _ A ►„ -� .,.�.ri .nF ,,-Vii..- —- -- l 111 " y, 11 ,Iiirl 1 4-01 .. " - .x .. ... _ d 3 __ i F.. ;'t ......._ °ill of _. 3 . '''���etofl . - - ._ . , !SrYc � a, _ INFORMATION SERVICES Classification # Leacue of Minnesota Cities — 183 University Avenue East Date 0 St. Paul, MN 55101-2526 Subject Municipality SECTION 300.30 SIGN ORDINANC ' SUBDIVISION 1. 'IMPOSE AND FINDINGS. The purpose and findings of the sign ordinance are as follows: a) Purmose: 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. It is the intent of this section, to promote the health, safety, general welfare, aesthetics,_and image of the . community by regulating _signs that are intended to communicate to - the public, and to use signs which meet the city's goals by authorizing: - 1) permanent signs which establish a high standard of aesthetics; 2) -. signs which are compatible with their ::1. . surroundings; 3) signs which are designed, constructed, installed _and maintained in a manner that does not adversely impact public safety or unduly distract motorists; ;;ii: 4) signs which are large enough to convey the intended message; - IP . 5) signs that are proportioned to the scale of, and are architecturally coSpat.04a with, -principal • structures; - . A:mi! 6) permanent signs which- give preference- to the on-premise owner or occupant; and -4N:e! 7) temporary commercial signs and -advertising displays which provide an opportunity for grand .openings and occasional sales events while restricting. signs Which create continuous visual clutter and hazards at public right-of-way intersections. -- - - --- -:.-. . - •Zk b) Findings: The city of Minnetonka finds it is necessary .. for the promotion and preservation of the public e- -- that .the construction, location, size.and.maintenance of signs be controlled. Further, the city finds: ' 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 fc,r .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 'ii affected by the number, size, location and appearance of signs that unduly divert the attention of drivers; 411/ 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; INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date • St. Paul, MN 55101-2526 •Subject Municipality -"!1` ``'uncontrolled a iaited signs adversely impact the image _;ansa"„aesthetic attractiveness of the - :=...`community a,and 'thereby undermine economic value and r.... : .:.'. _.- . 7) �,,,uncontroll. i3 :;`and_`.unlimited signs, particularly a.,_:_; .. ,. .4smporar1,_ :Aiq_aii. 'which are commonly located within '.-- nor: adjacent ,to publ c right-of-way or are located • ' .At `__driveWYt"sheet intersections, result in roadside;;•Clutter and obstruction of views of oncoming "tral2ic• This creates a hazard to -drivers an4 pedestz'ians and also adversely impacts ( , ",a logical tow qf_information; 8) . commerssial; signs ..are generally incompatible with s.;i_-,,_ -,residential !-fid should be strictly limited in esident al zoning:districts, and s° __ �:_ 9) .#he =right -o express noncommercial opinions in any zoning,_d1strict must be protected, _ subject to asonabpa ;restrictions on size, height, location and:number _ --HSUSDIVISIOi a. ' DEFINITIONS. > r r , it "- ' ldina'°� hilit,h -'g'ang'est- straight line parallel to •( t ' mt.,:pC trbl-way:from end wall to:end wall L-1.J za-ref'i beztl+3i X`E 3d-S) .._>„ . .. • __,..‹. (_,c„ .,0.4) ,,- - =ow or WOO? 2. Canoov or Awning-Sian - A sign constructed of flexible translucent or. a• i - -- - - ---- ” - _" a written message or logo on the exterior. (Figure 30-2) - 161 $a6d1 1 � b IF.:=-_,- ... t . r- . �►'i� t{�g.so z) 1151.° 3. Commercial Sign Any sign which advertises or identifies a product, business, service, event, or any -other matter of a commercia3..pature, even though the matter may be related to a nonprofit organization. • 4. -Construction Sian - Any sign which displays information regarding the construction or development of the site • on which it is displayed. r 1 INFORMATION SERVICES , i League of Minnesota Cities Classification # -- 183 University Avenue East, ;,;' Date 4,St. Paul, MN 55101-2526i`� i-A (._' `) Subject Municipality :5.. p Corm and Gr The wording r --T I,!.7:::-and other display messages such e .;,__-aa •-,. logos orsymbols on a sign. G� 1 (Figure 30-3). ---A--=;:.: 6.- soDn and Grenhic Area - The area 1 1 in square feet of the smallest 1.7 >• ' `''````' 1 ;, four-sided..-figure which encloses rf ,the copy ind graphic of a sign. -"- I `" Y 1 4.14, (Figure 30 4)- �:{t� 10,e --J Arta ..: +�.lt.. ?rr •304) 7. Directional Sian - A sign which 44 serves primarily to direct drive e traffic to the location of a thru ;; - place, area or activity. I ▪ (Figure 30-51 :,%.. .- -a. Freestanding Sianand - A sign which is self-supporting ▪ affixed :°.,to a. -frame structure not attached to a ;_:, baildinq r_t -4'-'11; 11/ 9: Grand ' OpeningIii-116:- Commencement of operation of a new ' business =i Pdr-` rpoees of the ordinance, a grand )4;.% opening is considered to occur if there is a business �;`. nesechancpf aobusiness or.activity. `YPa.__-_ _ _ _.--__ :-.,::-.tT____ 10. ;dentificatiiR Sign A sign which is limited to the name andior;, identifying symbol of a development, - �':institutioa"° dr person on the premises where the sign is :.located. 4 - 11. j1lumination. Interna] - A light source within the .� sign. ,.,_ + s: 12. Illumination External A light source which is not °- -internal -to-the sign. 13. =terns of Information - Individual copy and graphic items situated in a manner -which presents separate messages. -An item of information can only be a name, an address, a logo, or geographic directions. 14. Limited Tenant Building - A commercial retail establishment or a group of commercial retail i . establishments with the designed occupancy of three or • less tenants. It must have shared parking and a visual appearance as a contiguous structure which may or may . not be planned, constructed or managed as a total entity. This includes single tenant retail structures. 15. Logo - An identifying graphic which may or may not be a registered_trademark. 16. Merchandise Bob( A sign which is affixed on and/or located adjacent to a gas pump and used to advertise services and goods. - 17. Message Center/Time & Temperature Display - A sign having electrically changing copy which displays ilk i- current time, temperature, and/or public service 111, announcements. INFORMATION SERVICES Classification # Lea ue of Minnesota Cities 183 University Avenue East Date St. Paul, MN 55101-2526 Subject 0 Municipality -,18. -. flW' �i®'] .. - A signot - y d supportsd _.1osed postsor poles -. -:=--which is architecturally designed and y at grade directly base . width ='where the _ dimension =is '50% or more of (fig b� the greatest width of the :sign Figure '0-6) s. snick. 19. 1..,.:_�er,..,r Center - A group of commercial retail morebltemmetss with a designed occupancy and visual appearance of four or _ more tenants with shared p or may not be ..as , a cntiguous structure which may :planned,--constructed or managed as a total entity. • • _ .. �� erc{al opinion Sic= - Any sign which is not a 20. ,commercial sign, which expresses an opinion and which '.:7--."=-.4s . deemed-.�by ._the courts to -have greater protection under the First Amendment than a commercial sign. 21.' n Dremise Sian - A sign- identifying a business, person, activity, goods, products or services located on the site where the sign is installed. dve ; sign which is located 22. �,T• Au s na Sian - Any `' - -outdoors and (which advertises a product, business, service, event, or any other matter which is not Illk - 'available or does not take place on the same premises . as the sign. . 23. veresnent ran - Any sign other than a temporary sign. 24. portable Sign - A sign with or without copy and graphic that is designed or intended to be moved or _:'transported. Examples of portable signs are: _(F.igure 30-7) 17 I S+LC Ck .' Pae,Ta I ' 1E- . o A - or T - frame signs; o sandwich signs; trailer or on _ o signs designed to be transported by - wheels; and o mounted on a vehicle for advertising purposes, when the vehicle is parked and visible from public right-of-way, except signs identifying a business when the vehicle is being used in the normal day-to-day operation of that business. o A sign may be a portable sign even if it has Aili ,,m,,-wheels removed, was designed withoutwheels,ground is temporarily or permanently to a structure, or other sign. • INFORMATION SERVICES Classification # League of Minnesota Cites '183 University Avenue East Date •St. Paul, MN 55101-2526 �„ Subject Municipality 25. public Service Announcement -' Any Sign display intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions, =Dow Jones Industrial Average, news, etc. This does not include any--information which would be related to ' commercial ' products or services400( located at the display site. y c.. 26. pylon Sian - .A .sign supported by a post or posts so that• the sign -and. supports are finished to grade by44 encasing the -posts in a material consistent with the sign and where the base width dimension is a minimum of 10% up to and inciuding.50t of the greatest width of the sign. (Figure 30-8) . t 4rentt.gt wjdt%, j 4144 greatest width . Ct• I --.-M-- - _ 5a6PTOag . • ,f4oileeJ _--;._ - Tom- _ ..31..)_-, _-.---. 1 1' ... - r '..7 .:. . . 1 I 1411 - _ ._ base CA.- ..ta.4a.,,drr��� CA.30-8) ' , 27. Beaderboard Sign -..,,.A>ay .:sem- having. a message not lifttel \ permanently-, affixed to --he toga face and theicopy is manually changed `" 1 28. Peal Estate Sign Any 'sign pertaining to the sale, - Ilease or rental of land or buildings. - 29. B - Any writing, pictorial presentation, number, illustration or decoration, flag, banner or other device that is used to announce, direct attention to, identify, advertise, or otherwise make'anything known. The term "sign" shall not be deemed to include the terms "building" or "landscaping"., or any architectural embellishment of a building not intended to communicate information. _ 30. Sponsor Panel - A sign which could be temporary in nature, affixed to a larger permanent sign which gives recognition to a person, business, or agency for supporting the activity financially, or otherwise, occurring at the display site. 31. Temporary Business Sian - A temporary sign which is used by a business to display commercial messages pertaining to on site services and goods or any non- . commercial message. 32. Temporary Sian - A sign which 11111111 is designed or intended to be - • displayed for a short period . of time and - is not permanently installed. This includes items such as y banners, pennants, flags of Vf Z kg other - than a political1110 jurisdiction, beacons, ' sandwich or curb signs, balloons or other air or gas (7445.3o_y) filled figures. (Figure 30-9) 33. Unified Development - A development of three or more principal structures with common characteristics as determined by the city. Common characteristics may include shared access, similar architecture, single • ownership or history of site plan review approval. INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date St. Paul, MN 55101-2526 Subject 110 Municipality • 34. Wall Sian - A single faced sign attached to or erected . against an exterior will of a building with the face in . a parallel plane to the plane of thebuilding wall and which does not project more than 18°..- ,SUBDIVISION 3. :_ 't$►mIDENTIAL SIGN REGUL IONVA:;,.:: - a) Within "residential- zoning districts, permanent signs are permitted-As-follows: . - 1) ::identification -Signe ;:= Tor"each single family or two-family dwelling, -one identification sign not to exceed 2 square feet. in area and located on the lot to which the sign pertains 2) Low Density Residential identification Slane: For each single family subdivision containing at least 6 lots and each two-family subdivision containing a potential :for at ."least 12 dwellings, identification signs are :permitted which comply with the following standards: : ..... a. one monument,style;_sign; •:-•., ::<:: _..r b. 30 -square 'foot maximum Copy and graphic area per entrance; iaxisus 'total-=monument area .-per.entrance1• d. 6' maximum height; _ e. • located at primary entrances to subdivision; f. a- second.--sign . may be located at the primary entrance :as long as total copy and graphic • - - area - of the two signs does not exceed 30 square feet; and g. single or double faced. If double faced, the sign faces shall be parallel; - h.` external illumination; i. " located within -a dedicated permanent sign easement and not within public right-of-way; and j. a neighbdrhood or` homeowner's association shall be responsible for perpetual maintenance of the sign. 3) Medium and Hiah Density Residential Identification Masa: For each medium or high density residential development, identification signs which comply with the following standards are' permitted: * a. one monument style sign; b. 36 square foot maximum copy and graphic area per entrance; c. 100 " square foot-Maximum total monument area per entrance; ' . d. 8' maximum sign height; - • e. located at primary entrances to development; f. a second sign may be located at the primary 1111 entrance as long as total copy and graphic area of the .two signs does not exceed 36 square feet; and INFORMATION SERVICES Classification # League of Minnesot? r44-in« • 183University Avenue East Date „St. Paul, MN 55101-2526 . Subject Municipality . g. single or double faced. If double faced, the sign faces shall be parallel; h. external illumination when the sign is located adjacent to, or across a public right-of-way from, low -density :residential parcels; and lik e : _ i. if the sign is to be located in a development _:. which includes individual ownership parcels, - the sign shall be located on a parcel held in . - 'common ownership and shall be perpetually maintained by a homeowner's association or elk• responsible property owners. a 4) Conditionally Permitted Uses in Residential Districts: For the following conditionally _permitted uses within a residential district, iii permanent signs -.which comply With the following standards ?are -persitted - If -the use is not specifically listed .below ' it .is regulated within . the_abgva_'paragraphs of this`subdivision. BUILDING NAME INC. iiiiil ' , I. •®. XYZ , ::;:: + 11;;E:t. = address DIRECTION Ilk . (,F'ig.3046) - 3 mems oc. inpormation . • 5) 15' maximum height; 6) signs which are not internally illuminated shall have light fixtures and sources screened from view;.and 7) message centers/time & temperature displays permitted but the maximum area for- display is 50% of the potential copy and graphic area of the monument identification sign. •) Wall Mounted suns: One wall mounted sign either individually mounted letter type •(option 1) or wall mounted tenant identification type (option 2) but not both per building unless otherwise specified in this section is permitted. The sign must comply with the following standards: o� 1) option l: individually mounted letter type signs which comply with the following standards are permitted: a. 24" maximum copy and graphic height except for logo which may be 36" in height and width; b. copy and graphic area shall not exceed 50 square feet or 25% of the length of the building where the sign is located, whichever is greater; (Figure 30-17) • INFORMATION SERVICES Classification # League of Minnesota '183 University Avenue East Date St. Paul, MN 55101-2526 Subject 411 • Municipality __ 1e 4- t • ,a_o E-D 0 nil .ILIk1117-41,-.1M -properties with -more than one right-of-way Vz '•x�-: - s•frontage are_-permitted one sign facing each w ,r , 'frontage; and d. illumination shall comply.with the following - standards: if . sign .is: mounted above the first - floor, illumination, if any, shall be - internal; signs- -with ' external 'illumination shall • .have no-,-:exposed light sources or fixtures. 2) ; :Option 2: - wall mounted tenant identification type signs which comply with the following standards • are permitted:_.. a 30 square feet aaximum sign area. For .-buildings with more than one primary 41Ik entrance,--one sign may be located at each - entrance 'provided •that .total area does not -:exceed 30 square feet; ' b. .signs shall be mounted within the first floor elevation; (Figure 30-18) and _ tniii/min, wr,/#/i,n// sicynacea. : ; 1111 c. • signs with external illumination shall have no exposed light sources or fixtures. a9 ,SUBDIVISION 5. LIMITED AND GENERAL BUSINESS SIGN REGULATIONS. Within the 8-2 and 8-3 Business Districts except for hotels, permanent signs which comply with the following standards are permitted: a) freestanding Signs: 1) Size of sign permitted is determined by the gross square footage of the principal structure located in the development. One sign per development unless a multi-tenant . ' building or limited tenant building is 100,000 _ gross .square feet or more and has two or more primary access points. A second monument at a secondary access point is permitted if the primary freestanding sign is of monument style. The second monument sign shall include a shopping center identification message only and shall not exceed 50% of the copy and graphic area and height requireaent of the permitted principal sign. INFORMATION SERVICES Classification # League of Minnesota Cities '183 University Avenue East Date Wt. Paul, MN 55101-2526 Subject Municipality 3) The following table lists `the maximum size and heights for. permitted 'freestatfding signs for all ::411111L B-2 and B-3 zoned busines•ses: s . •:-. •_... 2x12n . -Monument r' • Principal •Height Sign Height Copy & Structure SizeGraphic ; taw • (gross sq.ft.) (sq.ft.) (sq.ft.) Greater than 400,000 30' 200 21' 100 • 100,000 - 400,000 24' 100 21' • 100 46111 20,000 - 100,000 18' 80 18' 80 Less than 20,000 15' 60 15' 60MIK Building with multiple screen theater 30' 200 21' 100 4) Monument area shall not exceed 1.5 times the permitted copy and graphic area. 5) Multi-tenant buildings shall display the name of businesses may display one tenant identification and corresponding logo per tenant. Buildings with multiple screen theaters may display movie titles and ratings. No product or service advertising is permitted. 6) Signs may be single or double faced. 7) Signs which are not internally illuminated shall have light fixtures and sources screened from views. • b) Wall Mounted Siang: 1) Multi-tenant Wall Sians: a. Each tenant is permitted tenant identification and one logo which shall not include product advertising except as part of the tenants trade name or logo. • INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date • St. Paul, MN 55101-2526 0 Subject Municipality b. Tenant identification shall be individually mounted and internally illuminated letters. Wall signs not ' containing individually mounted letters may be approved by the City if all signs ...are ..of a similar design and I . incorporated into""the "architecture of the . • principal_structure:_„(Ffquri 30-19) 30"'�� _ sGN C SIGN SIGN `�� ( 6 1 (• 1 I I 1 r _ c. Each tenant is permitted one logo which shall not exceed 36" high by- 36" wide.', (Figure 30-20) _ . tr-i—a-npfi-r- cra - ut"f 00=104 I= 0,...._,, , _ ... . . 6443-z0. . . d. The vertical _dimension of the tenant identification shall not exceed 26" in 41Ik height. Heights may. be revised based on unique circumstances, such as extraordinary distance from ..right-of-way or unusual - building configuration, when determined by the Planning Commission that signs would not be readable from.adjacent public right-of-way according to commonly - accepted industry standards" __ _. _.--._ _. . . e. Each tenant sign shall be installed within a 26" high designated horizontal band. The. • band shall be of uniform background consisting of building surface, facade, or treatment. The sign band and letter height may be modified upon approval of the Planning Commission to allow for architectural integration of the tenant sign. Consideration will be given to the proportional relationship of the sign width and height to the scale of the building. f. Each tenant sign shall not extend closer than two feet from the tenants lease line. g. All letters in a tenant identification shall be of uniform colors, not to exceed two, except for logos which may be multicolored. A multicolored logo must comply with the . restrictions in paragraph c. above. h. The Planning Commission may recognize separate sign plans for multi-tenant buildings which will supersede the ordinance. The sign plans which have been approved by the Planning Commission will have the effect of a sign ordinance for the specific property. 1111 2) Limited Tenant Wall Sians: a. Size of signage is determined by gross square footage of principal structure on property. • b. The following table indicates maximum signage permitted for limited tenant buildings: / , 1 INFORMATION SERVICES Classification # League of Minnesota Cities 183UniversityAvenue East Date St. Paul, MN 55101-2526 Subject • Municipality • a. educational. Religious _and Public Institution - Algae: For mach educational, religious, - public or -private institution, --and nursing hose property, signs are permitted which comply with the following standards: ,1.-;Monument-signs: ; • (a) one sign not to exceed 30 square - feet maximum copy and graphic area; (b) `75 square feet maximum monument area' (c) '8'A manimus height; -' ` _. `(d) single or double faced; and 41.4°: (e) internal or external illumination • - - .and the light source shall not be exposed. .. 2. Mall mounted signs: (a) individually mounted letters not to 'exceed 24"-in height; Pow (b) one sign, area not to exceed 50 - .square feet or 10% of the area of the building wall on which the sign - is located,-whichever is less; and 11110 (c) •illumination shall be external. b; public and Private Parks( For each public or - -• private park property, - signs are permitted according to the following standards: 1. Monument signs: (a) one sign not to exceed 32 square feet; (b) 8' maximum height; (c) single or double faced; (d) product or service advertising is prohibited e'cppt readArboarda_"ay display - public service announcements only; " (e) internal or external illumination and the light -source shall not be exposed; and (f) illumination shall be allowed between 6 a.m. to 10 p.m. only. 2. Scoreboards: (Figure 30-10) dOZIEr MEM r sq . mex [ ' .. stayege area 5611.• s °' 'Out ° _. (7;4 (a) one scoreboard not to exceed 40 dillsquare feet per playing field; (b) sponsor panels permitted up to a total of 12 square feet; and "(c) sponsor"panels shall be affixed to the bottom edge of scoreboards only. • INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date St. Paul, MN 55101-2526 Subject Municipality 3. -Athletic Field Fence Panels: (ajathletic -tieldy*`!tike panels which contain advertising are prohibited. z (b) an advertisinga lsnce .panel which `directly—faces the infield and was legally established prior .to the • .effective data of this ordinance is _ , _ considered a legal. nonconforming 'use - -which may not be altered, • - --- 'enlarged "- or replaced by another nonconformingsign except the ; � massage may be changed. - b) Within residential "zoning districts, temporary signs are permitted as follows: 1) Within - -.-all residential - --zoning- districts construction signs which comply with the following are permitted: a. - The developsent ' must -be- - within a medium or - high density 'zoning -district or low density - zoning with a-minimum of four lots; b. 32 square feet maximum sign area; -_.c. 12' maximum sign height for signs not exceeding 4' in width, otherwise 8' maximum height; (Figure 30-11) 41Ik • •_ i;-pii • T, max maiwirrrv.-c•of • 32 S.P. max.oignaa� area. (fig. So-//) d. one sign located on the property with which the sign is associated; e. for medium and high density residential developments, the sign shall be removed within 18 months after issuance of a building permit, or 7 days after issuance of a • certificate of occupancy (for multi-phased developments, issuance of a certificate of occupancy for the last building) whichever is sooner; and f. for low density residential subdivisions, the sign shall be removed after building permits - • are issued for 90% of the lots'. 2) Within low and mediva_sensi districts, t to residentialazoning comply with the eafoll�owi real estate signs which: following standards are permitted: INFORMATION SERVICES Classification # League of Minnesota Cities -- 183University Avenue East Date frt. Paul, MN 55101-2526 Subject Municipality F. a. 6 square foot maximum area; `� $r t ii� .. (FigurS_30-12) -t 6:foot maximum height; 17:7m ao-f it - -. c.` one sign per property; —_ } d,^ tlocated on-premise; and 000-02) 3 ) s em e ,shall. .be. removed within 7 days after the ,_„_._.,- ,_ �sxecution '04 a rental or lease agreement - - 1:--:.::.- -7_. or the closing of a sale.3) _ Within medium and high density residential zoning ^ : 4.,!::; .- districts, leasing signs which meet the following - "standards are permitted: a. Leasing Signs: Signs indicating the rental _ :or, lease of medium and high density ;Err 4,1. residential developments which comply with To -- -.the following standards are permitted: _ _ _ --1. one sign located on the site which the alter sign is advertising; --_: _.:-2. display period shall end 12 months after , 41111 . ... the issuance of a certificate of +� occupancy (for multi-phased developments --where construction is continuous, E issuance of a certificate of occupancy for the last building); 3. for freestanding signs, the following standards apply: . (a) 32 square foot maximum area; and (b) 12' maximum height for signs not exceeding 4' in width, otherwise 8' maximum height. (Figure 30-13) r4.........„ W A 5 ,, max. 94N1 BW I S 4. , f .42.0000,4444,44,A4.410012: i i 3291.94-. Max.S0riage area . ' (fg.3a-/5) .. .41/46,461. 4. for banner signs, the following standards apply: . (a) 60 square foot maximum area; and (b) shall (•£igurebe ffi30xed to a building lit wal . Fos L.s.assy.i' lis (.10 .3,)-,44b01.ft. max. nage INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date St. Paul, MN 55101-2526 Subject Municipality b. Leasing 'Sign without time limit: In addition to the .:above, a leasing message may be • "displayed without time limitation if - incorporated into a permanent monument sign -according to the following standards: 1. they monument sign shall be architecturally designed to accommodate a leasing message within the perimeter of the monument; 2. '_.leasing message area May be up to an additional 25% of the potential copy and • ' ="'="Y! graphic`- area • of .the monument identification sign; and _ 3.: the' leasing message cannot exceed the -.-;".-"",-:-area"'covered by the identification - . monument message. (Figure 30-15) • 9 IA Me Mr Ob?c a ei ~-9 rift t � t11C.5a1'Ca tri urangasuaEra _ M( dl APT ®p[� �jJQ( � �Q (meq al� QM\ON ! -'00X5112 (14 17i1" 81 V th.o iarvyj wwmi — _. • • • . — fus.so-.6) kali%m e aorto' extee4o rne ear and IMaphi6 area) SUBDIVISION 4. OFFICE SIGN REGULATIONS. Within the B-1, Office Business District, permanent signs are permitted according to the following standards: a) '$onument Identification Signs: • 1) one sign per development; - 2) maximum copy and graphic area as follows: Width of Adjacent Right-of-way Coov and Graphic Area Less than 100 feet 36 square feet 100 feet or greater 50 square feet 3) maximum monument area is two times the potential copy and graphic area; 4) copy and graphic display limited to three items of information; (Figure 30-16) • INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date Vt. Paul, MN 55101-2526 Subject Municipality • Individual Total Wall Principal Structure • Wall Sign Signage Size (cross sa.ft.) Calculation :or Property i• • (-100,000 400,000 sq. ft •200-sq.tft.. '. 300 sq. ft. • or IO% of wall face . whichever •is less- • 20,000 -. 100,000 sq. ft. '- -, 3150 sq. ft.N 240 sq. ft. or 10% Of _ wall face _ -- whichever - is less • - Less than 20,000 sq. ft. 100 sq. ft. ,, 150 sq. ft. - or 15% of wall face whichever . - is less 1111 c. Wall -signs shall not include product • advertising. Wall signs_shall include tenant identification, tenant logo,,shopping center �� name, : shopping -center.::'logo, : or any • combination of the four., :; v._ c) $otel Sians: Because of -the need for high-visibility and the variety in size and shape of hotel structures, variances will be considered but not necessarily granted. - 1) greestandina Sians: . • a. one monument sign, except that a second monument sign may be allowed 'if the property has frontage and access on two arterial streets: -- b. 15' maximum monument height; and c. • 60 square feet maximum copy and graphic area. 2) Wall Sians: a. individually mounted and internally illuminated letters; • b. one wall sign except that a second wall sign on a second wall may be permitted if the signs are not directly oriented toward a low density residential area; and _ • c. maximum letter height up to 36". Variances may be considered for letter.height based on proportional relationship to the mass and height of building.' • SUBDIVISION 6. INDUSTRIAL SIGN REGULATIONS. Within the I-1 :111P Industrial District_ permanent signs which comply with the following standards are permitted: a) Monument Identification Sian: Any single or multi-tenant building within an industrial zone is permitted one of the following freestanding identification signs that must comply with the listed standards: INFORMATION SERVICES Classification # League of Minnesota Cities — 183 University Avenue East Date St. Paul, MN 55101-2526 111 Subject Municipality 1) Building Identification Sin: a. one monument styl.:sign4..:,:: - • b. 60 square feet maximum copy and graphic area; • c. 90 square feet maximum total monument size;. . d. 10' maximum height;' and • • e. address and/or _building identification displayed only; no product or service advertising is permitted. (Figure 30-21) .° T • • tenant - • 1 _ _ e., 4•3::•••20 90 s$, max.jnonumentarea • . 2)-,.- Tenant Identifidation Monument Sian: .� .�• z . a. one monument sign; b. 85 square feet maximum copy and graphic area; C. 120 square feet maximum monument size; d. 10' maximum height; e. sign may display only identification of tenants; f. tenant - identification monuments are not permitted to be located along designated collector or arterial streets. • (Figure 30-22) • - p� Q Mali. • (744.3o-2z) 120 s$.• +. max.mcnumenf-area g. tenant identification monuments are ' not . permitted in areas designated for mixed uses on the city. comprehensive guide plan map; and h. individual tenant identification signs as specified in the following subdivision 6b) are not permitted. INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date St. Paul, MN 55101-2526 Subject .._Municipality b) Individual Tenant Identi atigp Signs: :�' For ~ multi-tenant buildings one of the options listed in this paragraph may • be - selected •-for ,.tenant identification. All signs must comply with-the listed standards. The building owner or 3. represdntative shall designate a' sign' design _ for each multi-tenant building. This designation will.._be recorded.-by;.the. City and kept bn record for the building. Each sign. on 11,Jr' • th( property must conform "to -the .'designated tenant. _ identification sign option. Changes to the sign designation may be made upon request,_ and approved 6:7 administratively if all signs Iocated on the site are brought into conformance with the 3'Aquested"sigmplan as modification. The Planning Commission must review sign . - *RIB plan changes if nonconforming signs are created. These signs are not . permitted if the.building freestanding sign is a Tenant Identification freestanding sign. - {,.„. 1) Option 1.: Freestanding Identification Sign. Veigi a. one -sign at- the tenants •-primary building 'liii entrance; .- b. 9 square feet maximumrea;}- :-a - . c. 6' maximum height and 5' maximum width; d. single faced; r141 e. positioned parallel to a parking lot sidewalk or perpendicular to tenant walkway; _ f f. located consistent with. other • freestanding identification signs; 4IZ • g. tenant identification _-pnly, f _ no - product advertising; 'and • h. uniform material, color and style. • (Figure 30-23) - - -3'--- .1 . 1.-- 3'----I • T + , T 1 tenant a `' I . 2) option 2: /alai Sign.9 P mu. sign e _ • a. one sign at the -tenant's primary building entrance; _b. 3' x 4' maximum dimension; - - c. located adjacent to" the tenant entrance; _d. 8' maximum from the ground to top edge of q • sign; . e. tenant identification message with no product advertising; and f. uniform material, color and style. ' 1 (Figure 30-24) _ - 110 . 3'x-4-1 14 = dimension % — -- sign 4 ,• .saw . ip 1 �i'. 64g.430-24„) INFORMATION SERVICES Classification # Leaaue of Minnesota Cities ' 183 University Avenue East Date St. Paul, MN 55101-2526 411PSubject Municipality - i3) ion ; Individually Mounted Letters. a. individually mounted letters not to exceed 18" - :in _height with one per tenant at their primary nt erance; • b. located within an. 18" high designated sign _1;. ,band,:for the entire building; c. affixed to a uniform background consisting of . , the building surface, facade or treatment; - " d•-:,- located no closer than two feet from the • • tenant's exterior lease lines; 4.. ,compatible with the building architecture; and 4 • `~f.. .. uniform material, color, illumination and- -.'-'. ;---,.---style. (Figure 30-25) 18g: / / ,...4 . =.. . g �+d — TENANT I.p. ri ....4 . ilk - - I _ c) Single Tenant ----Identification Sign: Single tenant building signs within an industrial zone which comply with the following standards are permitted: - 1) wall mounted individual letters; wall s shall not 2) Wall sict advertising. .- gns-;shall include lutenant de duidentification, tent logo or both; and - 3) total surface area of all building signs shall not exceed. 5% of the building face upon which the signs are located- up -to a maximum 150 square feet. (Figure 30-26) , • UjO ` .,,,,,. _ :, _ (f .30_zo . • • • • 0 INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date .t. Paul, MN 55101-2526 Subject Municipality SUBDIVISION 7. UNIFIED DEVELOPMENT SIGN REGULATIONS. Within Office :business and Industrial districts, unified . development signs which comply with the following standards are permitted. , Uses governed under this section are also allowed signs permitted under Subdivisions 4 or 6. a) Dnified:Development Identification Monuments: . 1) one sign per unified development; 2) .._-:50.square.feet.maximum copy and graphic area; Al 43j 100 square feet maximum monument size; (Figure 30-27) r Ya .•y. . r- Amur l00 ��. max. monum of urea. _ „z ffo 4) 10' maximum height; '5) located, at, the primary ' entrance. to the unified development; ,4:.. --n .''` '' ` 6) demonstration of ownership of the property . or If existence of permanent easement where sign is ` . located -must be submitted with the sign permit application; -- 7) one sign may, be located at each side of a primary entrance as long as the total copy and graphic area - • of the 'two signs does not exceed 50 square feet nor the monument total 100 square feet; and 8) signs which are not internally illuminated shall • -have light fixtures and light sources screened from views. - to • requirements specified in •Subdivisionan8C, onetofethe following leasing sign options for a unified development may be displayed: • 1) Option 1: incorporated into monument sign: - a. monument stgn architecturally designed to .accommodate a leasing message within the perimeter of the monument; b. leasing message area may be up to an additional 254 of the potential copy and grpphic area of the monument sign; and - (Figure 30-28) �yM�t/(�V1/ /A9 sg.Tt mar. ( ^ice/Q� /ems messov� '/ A1cY1U//197t , ` R `1E area. not/a eiieecl MER' ,,,a,z.,,s e-e[�tr,xokei 0 10' e/Z?d 10' � � 6raphre.ares) .._......_i, .. log2-7 - cxz�-gym ..- i . _ .40I.17.,.?.w:w - ''+104111 %.3o-2e) INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date St. Paul, MN 55101-2526 • Subject Municipality 'c. the leasing message -cannot exceed the area covered by identification monument message. 2) Option 2: secondary monument sign: • a. a .secondary monument sign may-be installed at • an access point-to a unified development; b. design and materials identical to the unified development monument sign; and c. secondary monument .area, height and copy and graphic area shall not exceed 50% of the unified development monument sign. .(Figure 30-29) ... cti • ::13-Pt, • 100 4et. a1 Z•� MaluMei* • o, a•rea • • itted monument .tf, �o zq) Moresmeet-� SUBDIVISION 8. BUSINESS AND INDUS IAL TEMPORARY SIGN • REGULATIONS. Within Business and Industrial districts, real estate and temporary-signs are permitted according to411104. the following standards: a) Temporary Construction or • Real Estate Sian on Undeveloped Property: A vacant parcel within a business or industrial zone is permitted a 'temporary • construction or real estate sign which complies with the following standards: • 1) one sign located on the site which the sign is advertising; • 2) 32 square feet maximum sign area; • 3) 12' maximum height; 4) shall be removed upon issuance of a Certificate of Occupancy for a building; and 5) one additional sign up to.: 32 square- feet is permitted on properties -3 acres or over with frontage on 2 or more designated collector or arterial streets,. (Figure 30-30) INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date SSt. Paul, MN 55101-2526 Subject - Municipality FCR SALE .._- �.. .. :k2 max 12 area ut: Max: • OOONIt • (745•30-50 • b) Temporary Meal -Estate Sian: Signs indicating th rental, lease, or sale of a business or industria building are permitted according to the following: 1) one sign located on the property which the sign, is advertising; - 2) 32 square feet maximum sign area; ' 3) 12' maximum height; - 1 -4) freestanding or wall mounted; and 5) for .sale signs are without time limit. If both leasing and for sale messages are displayed, the sign shall be considered a leasing sign; and 6) leasing or rental_ signs shall be displayed no longer than 12 months after the • issuance of a 14::11L certificate of occupancy. ---In the case of vacant • limited tenant buildings,_. a 12 _month _ display _period is permitted-from the .date of_vacancy. c) Leasina Sian Without Time Limit: In addition to the above,- one of the following leasing.sign options may be displayed on a property without time limit if in compliance with the listed standards:, I) Option 1: freestanding incorporated sign. a. the principal freestanding ' sign shall be architecturally designed to accommodate a leasing message within the perimeter of the monument or pylon sign; • b. the leasing message cannot exceed that of the c. leasing message is in addition to potential monument or pylon copy and graphic area; and • d. maximum size of leasing sign message permitted is determined by the gross square • footage of the principal structure as follows: (Figure 30-31) Principal Structure Gross Sauare Footage ;,easing Message less than 20,000 15 square feet • 20,000 100,oO - .40 square feet -- greater than 100,9942,.m..y4525 square feet INFORMATION SERVICES Classification # League cf Minnesota Cities 183 University Avenue East Date St. Paul, MN 55101-2526 Subject 4111/ Municipality • SHOPPING • CENTER • la VEA bh fOR 6CAK RLIIftMPYlt �AZI"t . �/ ` l fi gee-itq �� QRZ�i.oIQl �- e/4.so-31) • �,./.► 2) Option 2: freestanding sign. a. one freestanding sign; - • b. setback 5' from all property lines; c. 8' maximum height and 6' maximum width; and d. maximum size of leasing signpermitted i determined by the gross square footage -df tk principal structureas follows: (Figure 30-32) Principal Structure Gross Sauare Footage j,easina Sian Area less than 20,000 12 square feet 20,000 - 100,000 16 square feet greater than 100,000 18 square feet 1000FPIZ L� FOR S'1rak. LEASE heioy$t ^c3Jo-i i t t 1 (f g.3o-32) • 3) Option 3: wall mounted sign or banner. a. Buildings two stories or under: 1. one wall sign; 2. directly anchored to the building wall; and 3. maximum size of leasing sign permitted determined by the gross square footage of principal structure as follows:(Figure 30-3 Principal Structure Gross Square Footage j,easina Sian less than 20,000 12 square fee 20,000 - 100,000 16 square fee greater than 100,000 .18 square fee INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date $t. Paul, MN 55101-2526 Subject Municipality 4 sten : "4$S:1s}r' _...„ �� L • i -b .Buildings three etories}o higher: ,, z , _ 3 •, 1 ''; 3d_square�tast.�aximum'area; • ? 22 sdirdctly anchored to-the building wall; and 7.04 NMS 3. -• displayed'- do the building's third story or `; •y any`,higher story. (Figure 30-34) •.:71":-:1• -•.-ft)' --- I • sZL - IMMO EN �.� Z1L 0 . 4) Leasing signs up to 32 _square feet in size will be _ permitted without .time ;limit instead of Option 2 or 3 if the. standards in either a. or b. are met. a. business or industrial development directly abuts a street with posted speed limit of 55 m.p.h. or greater. _ - _ .sem b. the principal structure is greater than four Stories. • . . If a property qualifies for a 32 square foot sign under a. or b. and also has .a second frontage on a designated collector or arterial road, option 2 or 3 as found above is also permitted.. `,. .. d) Temporary -Business Signs in Business and Industrial Districts: Temporary signs are permitted as follows: 1) Banners not to exceed 30 square feet according to the following: a; maximum 30 day display period to coincide -with the grand opening of a business; b. `a .business may display a banner on two _-sccasions per calendar year with a maximum 10 day display period for each occasion; • c. banner messages must relate to on-premise product or services, or any noncommercial message; and d. the banner must be affixed to a principal . , structure-which is owned or leased by the business which the sign is advertising. 2) Search lights or inflatable advertising devices are permitted according to the following: a. for each development, two occasions per calendar year with each occasion not to exceed three days; and INFORMATION SERVICES Classification # League of Minnesota Cities ' 183 University Avenue East Date St. Paul, MN 55101-2526 411/ Subject Municipality b. written authorization from the property owner iror...thor -Assignee must.be submitted with the sign permit.".application. 3) Portable signs,: stringers, and pennants are not '�ar4!^F-4�5�_.p'� t'tt•YI�'F §^ Mt:a-.: ,'.•a- . 4 J;. _ -. t. r--7-^M. °;:�- '�". v `r- LShZ '►r'A:'yds` 'c'.Y "'':. - - s $UHDIVISION .GENERAL REGULATIONS- The following regulations.,.shall apply,'to.sell signs permitted in all districts a ' gsOliticaf Cannaian"sia'ns Taiporary political campaign 3 xs`signs art pereitted according-to the following: ` �r "1.Y 'd''display pszioa irepi t,30. days before to 10 days alter an ''election 'fday;'-': ,.;,... _ �,. y Additionally, signs may remain -on 'display -between- primary and general elections; ' 2pM consent of. property.owner is required; .p -- 1) 5 .. square deet "maximi -except on designated collector.- or-.:arterial_ streets where up to 32 ::Ft sere`feet aaxiaum is-`persitted; 4) for signs 15'square' feet and under there is no setback requirement and signs over 5 square feet shall maintain a 10' setback; 5) not permitted on public-property or right-of-way; • and - - _ b)._ -shalh comply with the fair campaign practices act 411. = :contained in - state ,of Minnesota statues chapter 2llD • b) Directional Sians: Permanent directional signs are permitted according to the following: 1) 7 . square feet maximum -- size; (Figure 30-35) • 44141e6 2) " 6' maximum height; 1h1^t l 3) "' a majority of ' "sign area directional message; grin and 30-55) _.._ :►` . ., .. -•--a•. �0 • rec lona signs for commercial buildings over 400,000 square .feet. c) Address Sica: Street identification -numbers are required in all zoning districts and should be clearly visible from the street. Address signs do not reduce permitted sign area. d) Residential Security System Sicns: All signs identifying the presence of a residential security system are permitted not to exceed one square foot. One sign is permitted per - driveway connection to a .:public right-of-way or where one private driveway • • • INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date St. Paul, MN 55101-2526 Subject Municipality -1 It/ converges into another. .- . fr h . 'e) Sian Setbacks: All signs ogles. specifically mooted otherwise shall Maintain a °10' ' setback from aI1.-;lot4:1ill lines. The City may require a greater or-Tiessor setback because of public safety reasons which may .-=- include the following conditions: vehicle sight distance, distance from 'intersection, -designation-pf - adjacent right-of-way. ----f) Unless __ otherwise. specified ,;..., �.,::.°_ maximum angle permitted between in ` faces of a double face - t. freestanding sign is 45 degrees. . ` 3r105Se. (Figure 30-36) (74.5* - -:::-._ - iiiii! g) Governmental Sians: Permanent governmental signs for control of traffic .and: other regulatory/notification purposes and street signs are exempt from the provision 2______ of this section. ; h) Outdoor Advertisina Sians: Outdoor advertising signs are not permitted in any zoning district. Outdoor advertising signs which exist on the effective date of 0 this section shall be considered as nonconforming signs and are subject to standards contained in Section 300.29. i) p.U.D./P.I.D. Zoning Districts:. Permanent .and temporary signs are regulated according to the standards for the corresponding land use and zoning category as stated in this section. A sign plan with - differing -requirements may be approved by the City. Factors which will be used in determining if an individual P.U.D./P.I.D. sign plan will be considered include the following: 1) The development includes a high rise (greater•than 3 story) structure; 2) the development includes multiple structures and/or substantial site area; 3) the development includes mixed uses; 4) -a lign plan is , uniquely adapted to address the visibility needs of a development while remaining consistent with the- intent of this section to direct high quality signage; and 5) the sign plan includes permanent sign covenants which can be enforced by the city. . j) Noncommercial Opinion Sians: On-premise noncommercial opinion signs are permitted as follows: 1) In low, medium, and high density residential districts, each dwelling unit is permitted an additional sign which is no larger than 6 square feet and no higher - than 6' tall. In medium and . _- high density districts, the sign must be attached to the dwelling unit or placed in another location 1110 which clearly does not appear to represent the opinions of other residents in the area who have not agreed to the sign. No permit fee is required for a sign authorized under this paragraph. i • INFORMATION SERVICES Classification # League of Minnesot? Cities 183 University Avenue East Date St. Paul, MN 55101-2526 Subject 410 Municipality 2) In all _districts, any sign antfiorised in this chapter is al4cwed to contain nonco*mercial`copy in lieu of any other copy. For new signs posted with a _noncommercial message the ,sign ,fee is . waived such time as the sign is converted to contain a -commercial message _.a''-T. „';. k) glass: _. Flags Of a political jurisdiction`which comply with the following standards are permitted. 1) Display"of one flag`is net estricted `.t 2) Display-_ oto more H,,th.0 ,one ; lag is,permitted-as •'f011oVs:. l- �'- a. maximum of •3 flagpoles; b. 35' maximum,,flagpole height; c. 180 square feet total for "all flags, 'and :.d: ==shall-not be'''-displayed obi light poles,. �'. 3) Variances to 'permit' display of ``flags` for both political and non-political" entities" will be considered, ' but not necessarily' granted. Variances Will be considered only upon-evidence that the following standards are met: -a. submission ;of a sign plan and permanent sign covenants which include a comprehensive sign • package_Zor the site; b.= `maximal fla lehei hti.=z - � g r_ c. shall not be located on lightpoles; d. limited to one 'identificationflag;--• e. the maximum distance from top to--bottom of any flag shall be 20% of the flagpole up to a maximum of 6';. f. flagpo-les clustered at a.-designated area; and g. the • location of the flagpoles be enhanced or landscaped. (Figure 30-37) - • i4 r. D. • ;��t1�� " /nµ30-37) 1) Approved Sian Plane: The City may enforce, in the same • manner as the requirements of this section, the terms INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date •St. Paul, MN 55101-2526 • Subject Municipality • _ of a sign plan or sign covenants which it nds „approved. Any violation of an approved sign plan or :;!:1: ^°='X`-..siirs.covepants is a misdemeanor. - --pUBDIVISION 10. PROHIBITED SIGNS. The following types -of signs are expressly prohibited in all districts: r ;„ ._.. - ) `:Roof °.signs including signs mounted on.a roof surface or -,4. 5--,-.51.A:„.,-- projecting above the iota! line of -a structure if either ..- - attached to the structure or cantilevered over the ..:f. .:-structure. ' _ �kRevolving and moving signs except electronic message "`�center/time and temperature display signs according to "Subdivision 4 and search lights according to :*_ �..<, :Subdivision} 8. . . - - _ c). Flashing, blinking or animated signs including but not r -''�':= 'limited to traveling lights or any other means not '-- geW :"---„ providing constant illumination except electronic ----- '-message center/time and temperature display signs :according to subdivision 4 and search lights according lik to subdivision 8. "Q dj portable signs except in accordance with Subdivision 8, d1 _ -, e) Projecting signs. Wall signs shall be mounted -0..;iili • parallel to the building .and shall not project more ".than 18” from the face of the building. `.fr, Painted wall signs including signs painted on the face - __ - 'of "a structure. Works of art which are not commercial . , messages are exempt. g) Signs attached to trees and utility poles. h) Signs -within public right-of-way except for official traffic signs. i) _ Signs which are - designed to resemble official traffic signs except signs which are used to control traffic on _ private property. 4.` j) Abandoned signs or signs other than outdoor advertising • structures that advertise an activity, business, product or service no longer available on the premises - on which the sign is located. k) Signs attached to fences except athletic field fence . panels according to Subdivision 1. 1) Illuminated signs which exhibit any of the following: 1) External illumination that is determined to interfere with safe traffic operations. 2) The sign is directly oriented to any residential , district. 3) The level of illumination exceed standards - specified in Section 300.28, Subdivision 2. m) Signs that obstruct the vision of pedestrians, - - cyclists, or motorists traveling on or entering public streets. n) Exterior :.igns that obstruct. any -window, door,• fire escape, stairway or opening intended to provide light, S air, ingress or egress for any structure. o) Signs that are in violation of the building code or the electrical code adopted by the City. p) lank signs. q) Merchandise boxes or signs not affixed to a principal structure excluding signs permitted in Subdivision 8, d) . INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date St. Paul, MN 55101-2526 Subject 41111 Municipality • s) Any sign not,.,/upr!ssly permitted by the provisions in $UBDIVISIQN it SIGN CONSTRUCTION AND MAINTENANCE. All signs shall-conform to the following standards. + 04 tea) _Construction specifications. All signs shall be constructed in accordance with the following: • 6, 1) the Minnesota State Building code; • 2)• all _electric signs -shall be approved and labeled • as conforming to the standards of the Underwriters' Laboratories, Inc., the United States.._.Bureau of standards or other similar institutions of • recognized standing. All illuminating elements shall be kept in • satisfactory_ working conditionor immediately repaired or replaced. , Signs that are partly illuminated shall meet 'all electrical requirements that.portion which is illuminated; 3} all permanent- freestanding signs shall have self-supporting structures erected on and permanently attached to concrete foundations; 4) • • for -wall signs, the wall must be designed for and have sufficient.strength to support the sign; and • 5) _signs •, 'shall be constructed to withstand the following wind loads: a. for solid.signs, 30 pounds per square foot on - : one face of the sign; and .b. for other signs, 36 pounds per square foot of the total face area of the letters and other sign surface, or 10 pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater. b) sign Maintenance and Repair. All signs shall be y condition at all times, including the replacement of defective parts, cleaning and other items required for maintenance of the sign. Vegetation around, in front of, behind, and underneath the base of ground signs for distance of 10' shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. • • INFORMATION SERVICES Classification # League of Minnesota Cities 183 University Avenue East Date met. Paul, MN 55101-2526 Subject Municipality SUBDIVISION 12. REMOVAL OF ABANDONED SIGNS. SIGNS IN DISREPAIR AND SIGNS LOCATED IN PUBLIC MIGHT-OF-Way. a) Abandoned Mian and Si_ pes in Disrepair: -An abandoned sign or sign in disrepair is prohibited and shall be removed by the owner of the premises within 30 days , after notification. If compliance with the provisions of this section is not achieved within 30 days, the City may remove the sign as a public nuisance by following the procedure as specified in Section 600.27 of the Municipal Code of Ordinances. If an abandoned sign remains in good condition and without holes or other evidence of disrepair or damage, the sign shall 4 not be considered as abandoned for a period of one year. - b) §ions on Public Property or' Within Public Eight-of-way: The city may at any time and without notice impound signs which have been installed on public property or within-public right-of-way or easement. The sign owner may retrieve the signs according to the following: . _ 1) A fee must be paid to the City as established in City Code Section 1405. For each subsequent impoundment in a calendar year, the specified fee shall be doubled. 2) The sign may be retrieved from a designated impound area during routine business hours and within 15 days from the date of impounding. After 15 days, the city will dispose of the sign. 3) The city may not be held liable for any damage to • impounded signs. SUBDIVISION 13. PERMITS AND PERMIT FEES. Signs which require a permit and the corresponding fee are listed in the following: a) All permanent signs permitted in Subdivisions 3,4,5,6, and 7 shall require a sign permit. The permit shall be received prior to installation of the sign. The permit and inspection fee for all permanent signs is specified in City Code Section 1405_ b) All temporary signs permitted in Subdivision 8, shall require 'a temporary sign permit. The permit and inspection fee for permitted signs, banners, search lights, or inflatable advertising devices is specified in City Code Section 1405. c) Application for a permit shall be on a form provided by the city and shall include the following information: 1) name and address of the owner of the sign; 2) street address or location of the property on which the sign is to be located, along with the name and address of the property owner; 3) the type of sign as defined in this section; 4) site plan showing the location of the proposed sign; 1111 5) specifications and scale drawings showing the materials, design, dimensions, structural supports, method of attachment and electrical components of the sign; ' 6) plan showing the location and size of all existing signs located on the same premises upon City request; A 1 \ INFORMATION SERVICES : l Classification # League of Minnesota Cities Iii 183 University Avenue East Date St. Paul, MN 55101-2526 Subject 1110 `, ^ Municipality 4 � nnetGr\ YC\ ••7) name ' of licensed" electrician ,rho- will make the final 'Connects of'aa tllua.nitd 'align; and ) 8) sign, permit fee. :t _ 1 J1) All, .signs. not listed above do not require a permit but - shall comply'. with''thi•'regulations found in this section =e) When y-tfiis'section becomes effective, the owner or other person ''havinV'.`control . .of any outdoor advertising sign (billboard) --shall-'file an application for a permit for the maintenance,-and-'annual inspection of such sign. Application for such permits shall be accompanied by detailed __plans .and such other necessary information to � determine --the"-."- `location and compliance with all applicable:'regulations, and permit may be issued upon ' payment of..._the:_, lsequired .permit:fee. --All permits for advertising -signs "shall..expire"onsDecember 31, of each - _year. . The _permit. and inspection fee is specified in City Code Section 1409:. f) The fee =for application for variance from this section or approval of a sign plan for a development is specified in City Code.Section 1405. 4 g) Sign permits shall become null and void if the sign is not installed 180 days after the issuance of a permit. r 3 ATTEST: ELIZA$$tTH L. NORTON, ..CITY.CLERK •. I. • _:•V •:s :. r' Date of first,reading: January 28. 1991 Date of second reading: February 25. 1991 Motion for adoption: Anderson Seconded by: rinrdnn Voted in favor: AnaP,cnn. RPnnekP. (1nrdnn. Mantic. Rica Rprrjctorat Voted against: Abstained: • Absent: nprhp-tr - Ordinance adopted. . Date of publication: March 13, 1991 (Effective date 'of ordinance is thirty days after publication.) • (March 13,1991)-H-MTKA 1-1 ZONING ORDINANCE SECTION 300 . 29 PAGE 232 • SECTION 300. 29 . NON-CONFORMING USES. SUBDIVISION 1. PURPOSE. It is the purpose of this section to accomplish the following: a) recognize the existence of uses which were lawful when established but which no longer meet all ordinance requirements; b) discourage the enlargement, expansion, intensification or extension of any non-conforming use or any increase in the impact of a non-conforming use on adjacent properties; and c) encourage the elimination of non-conforming uses or reduce their impact on adjacent properties. 4/Z SUBDIVISION 2 . DEFINITIONS. For the purposes of this section, the following terms and phrases shall have the meanings given to them: s a) legal non-conformity: any land use, structure, physical formAttif of land development, lot of record or sign legally established -40 prior to the effective date of this ordinance or subsequent 411 amendment to it which would not be permited by or is not in full compliance with the regulations of this ordinance. A legal non-conformity shall be one of four types: non-conforming land use, • non-conforming lot of record, non-conforming sign or non-conforming development. b) non-conforming land use: an activity using land, buildings, and/or structures for purposes which were legally established • prior to the effective date of this ordinance or subsequent amendment to it and which_.the regulations o.f_this ordinance or . - .1 - • _ .. - - new use in the zone in which it is located. c) non-conforming lot of record: a lot or parcel of land legally created and duly recorded in the office of the county recorder or registrar of titles prior to the effective date of this ordinance and which does not meet the minimum area or dimension requirements of this ordinance. d) non-conforming sign: a sign which was legally established prior to the effective date of this ordinance which would not • be permitted to be established by the terms of section 300. 30 , . et seq. of the code of city ordinances . ZONING ORDINANCE SECTION 300 . 29 PAGE 233 411 e) non-conforming development: any legal non-conformity which is not a non-conforming land use, non-conforming lot of record or non-conforming sign, which non-conformity may include but not be limited to matters of intensity, height, setback, landscaping or other development standards of this ordinance. SUBDIVISION 3 . NON-CONFORMING LAND USE. No non-conforming land use shall be used except in conformance with the following: a) There shall be no expansion, enlargement, intensification, replacement, structural change or relocation of any use or any site element of any non-conforming land use except to make it a permitted use. Normal building maintenance and repair shall be excepted from this requirement; b) No non-conforming land use shall be resumed if normal operation of the use .has been discontinued for a period of 12 or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter. Following the expiration of 12 months, only land uses which are permitted by this ordinance shall be allowed to be established; 4IP c) Full use of a non-conforming land use shall not be resumed if the amount of land or floor area dedicated to the use is lessened or if the intensity of the use is in any manner diminished for a period of 12 or more months. Time shall be calculated as beginning on the day following the last day in which the non-conforming land use was in full operation and shall run continuously thereafter. Following the expiration of 12 months, the non-conforming land use may be usd3-only in the manner or to the extent used during -the preceding -12 months. For the purposes of this section, intensity of use shall be measured by hours of operation, traffic, noise, exterior storage, signs, exterior lighting, types of goods or services offered, odors, number of employees and other factors deemed relevant by the city. d) Removal or destruction of a non-conforming land use to the extent of more than 50 percent of its estimated market value, excluding land value and as determined by the city assessor, shall terminate the right to continue any non-conforming land use; e) Notwithstanding the prohibitions contained in the foregoing paragraphs of this subdivision, if approved by the city 411 council a non-conforming land use may be changed to another non-conforming land use of less intensity if it is in the ZONING ORDINANCE SECTION 300 . 29 PAGE 234 public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. However, such approval shall not serve to extend the amortization schedule established for the original use of the structure; f) If a non-conforming land use is superseded or replaced by a permitted use, the non-conforming status of the premises and any rights which arise under the provisions of this section shall terminate; and g) Notwithstanding the foregoing paragraphs of this subdivision, all non-conforming land uses which were made non-conforming by the zoning ordinance which became effective February 12 , 1966 shall be discontinued in accordance with the following schedule: 1) by March 1, 2016 for buildings of Type I and Type II fire resistive construction as defined in the Minnesota state building code; 2) by March 1, 2006 for buildings of Type II 1-hour, Type II 1111P non-rated, Type III and Type IV construction as defined in the Minnesota state building code; or 3) by March 1, 1996 for buildings of Type V construction as defined in the Minnesota state building code and for any other non-conforming land use not covered by subparagraphs 1) and 2) above. h) Notwithstanding the foregoing paragraphs of this subdivision, all non-conforming land uses which are made non-conforming by this ordinance shall be - discontinued in accordance with- the following srhg,dule: 1) by March 1, 2036 for buildings of Type I and Type II fire resistive construction as defined in the Minnesota state • building code; 2) by March 1, 2026 for buildings of Type II 1-hour, Type II non-rated, Type III and Type IV construction as defined in the Minnesota state building code; or 3) by March 1, 2016 for buildings of Type V construction as defined in the Minnesota state building code and for any other non-conforming land use not covered by subparagraphs 1) and 2) above. • ZONING ORDINANCE SECTION 300 . 29 PAGE 235 4111 SUBDIVISION 4 . NON-CONFORMING LOTS OF RECORD. Non-conforming single family lots of record shall be subject to the provisions of section 300. 10, subdivision 7 of this ordinance. Any lot which was legally created but which became non-conforming due to changes in area or dimensional requirements and has been combined for tax purposes with a contiguous parcel or parcels may be divided only after approval by the city council even if the division is congruent with the original lot configuration. No variance shall be required to reconstruct a single family dwelling located on a non-conforming lot of record which is destroyed by natural disaster so long as the replacement dwelling has a footprint which is no larger than that of the destroyed structure and is substantially the same size in building height and floor area as the destroyed structure. Reconstruction shall commence within two years of the date of the destruction of the original building and reasonable progress shall be made in completing the project. A building permit shall be obtained prior to construction of the new dwelling and the new structure shall be constructed in compliance with all other city codes and regulations. SUBDIVISION 5. NON-CONFORMING SIGN. A non-conforming sign which does not -pose an imminent danger to life or property may remain and • be maintained by ordinary repairs provided the sign conforms to the111111 following: a) • shall not be altered or enlarged in any way; b) shall not be replaced by another non-conforming sign, except that changing the message on a sign shall not be deemed to be a replacement; c) shall not be relocated unless it is made to conform-to this ordinance; _ d) shall not be reconstructed after incurring damage in an amount exceeding 50 percent of its market value at the time of loss, as determined by the city; e) shall not be maintained through replacement of structural . elements; and f) shall not be required to be removed under any other section of the code of city ordinances. • A non-conforming sign which is an imminent danger to life or property or which incurs damage in an amount exceeding 50 percent of its market value at the time of loss shall be removed immediately at the expense of the owner. ZONING ORDINANCE SECTION 300 . 29 PAGE 236 SUBDIVISION 6. NON-CONFORMING DEVELOPMENT. Expansion of an existing structure, reconstruction of a partially destroyed structure, construction of a new structure or other intensification of a site shall be subject to site and building plan approval pursuant to section 300. 27 or, in the case of R-1 properties, section 300. 10 of this ordinance. In addition to the review standards normally applicable to a site and building plan, the following criteria shall be used to evaluate the proposal: (Amended by Ordinance 87-450, 1-20-87 . ) fi a) whether the number and extent of non-conformities will be 5; reduced in conjunction with the proposed construction; and b) whether the impact of non-conformities upon adjacent property will be reduced in conjunction with the. proposed construction. A site and building plan may be approved subject to such conditions as are necessary to effect the intent of this section. A non-conforming development which is destroyed to the extent of more than 50 percent of its market value at the time of loss shall be replaced only in compliance with the setback standards of the applicable zoning district. Non-conforming developments destroyed the extent of less than 50 percent of market value at the time amemm. of loss may be rebuilt to previously existing dimensions. In reviewing a site and building plan for any non-conforming development which has been partially destroyed, the city shall seek to make the development conform as closely to the requirements of this ordinance as is reasonably practical. (Amended by Ordinance 87-450 , 1-20-87 . ) SUBDIVISION 7 . CREATION OF NON-CONFORMITIES BY PUBLIC ACTION. Where there exists as of the date of adoption of this ordinance a conforming land use, lot of_ record, sign or_ development_ and_ a subsequent taking by a governmental body occurs under eminent domain or negotiated sale which renders such land use, lot of record, sign or development in violation of one or more provisions of this ordinance, such land use, lot of record, sign or development shall become a legal non-conformity and may be used thereafter only in accordance with the provisions of this section. , • NEW BRIG} TON CHAPTER Ix. SIGNS SECTION 9-010. PURPOSE It is the intent of this chapter to permit the use of signs which are compatible with their surroundings and are legible while, at the same time, assuring that the public is not endangered or distracted by the unsafe or indiscriminate use of such signs. The Council has determined that the regulations set forth in this chapter are necessary for the following reasons, among others: to preserve the residential character of residential neighborhoods; to preserve order and cleanliness; to avoid the appearance of clutter; to protect property values; to avoid litter and the growth of weeds around signs; to reduce the traffic hazard caused by distractions to motorists and impairment of sight lines; to ensure that the City remains an attractive place to live and work; to reduce administrative burdens; and to protect the health, safety, welfare, morals, convenience, and comfort of the public. SECTION 9-020. Paulus A permit shall be required for the erection, relocation, repair, or modification of a sign regulated by this code except those signs not requiring permits under Section 9-040. 410 a. No sign shall be erected, modified, or relocated or repairs made costing more than fifty dollars (550.00) without first obtaining a permit. Such permit will be void within three (3) months if the sign has not bee installed. b. A permit may be obtained by submitting a completed application with the City Planner. c. Permit fees shall be established by City Council resolution. SECTION 9-030. DE IITIONS a. Above roof sign. A sign, any potion of which is displayed above the peak of the roof line or beyond the outline of the building or roof as viewed from the front of the sign. b. Billboard. A sign erected and used for the primary purpose of advertising products, goods, or services other than those offered on the premises of the sign. c. Campaign sign. A temporary sign promoting the =indidacy of a person running for a governmental office or promoting a position on an issue to be voted on at a governmental election. C:\WP5I\ORD\ci�-If D•10.,. 1 nil' 1 d. Canopy sign. A cloth or cloth-like covering suspended over a window or door which displays a name or logo of the business within. e. Civic celebration. A civic event as designated by City Council resolution. f. Electric sign. Any sign containing electrical wiring but no including signs illuminated by an exterior light source. g. Encased bulletin boards. A sign with a see-through cover and changeable letters used by institutions such as churches, public facilities, or schools to display hours of operation, special events, services, or other related information. h. Flashing signs. Illuminated signs or lighting which have flashing or intermittent lighting. i. Freeway sign. Any sign used to advertise or attract notice from Interstate Highway I-35W and I-694 and Trunk Highway 33. j. Ground sign. Any stationary sign placed upon the ground and not attached to a building, excluding billboards. k. Moving sign. Any sign animated or revolving, up and down or sideways, mechanically or otherwise. 1. Nonconforming signs. Any sign or combination of signs which were lawfully established and which do not comply with all applicable provisions of this 1111 chapter. m. Portable sign. A mobile advertising device which is capable of being transported from one location to another and which is not permanently attached to the ground, a sign structure or a building. n. Projecting sign. A sign attached to a building and projecting more than eighteen (18) inches. o. Non-Commercial opinion signs. A sign which does not advertise products, goods, businesses or services and which expresses an opinion or other point of view. An Electric Sign may not be used in residential districts as a Non- Commercial Opinion Sign. p. Readerboard sign, automatic. A sign electronically or a ectrically controlled to display time, temperature or changeable messages where different copy changes are shown on the same lamp bank. q. Readerboard sign, manual. A sign which copy is changed manually in the field. 410 C:\WP51\ORD\CH-t( Page 2 of 16 • r. Jeiecze i signabie area. A signabie area seiec. : for use co apply a wail sign. it • is an area of a building free oI windows or doors. the maximum size of the selected signable area is determined by calculating the number of square feet which are enclosed by an imaginary rectangle around this area. s. Sign. Any letter, number, symbol, configuration, or combination thereof designed and displayed to attract the attention of the public while on public streets, highways, or walkways. t. Signable area. Any area of the wall of a building, free of windows or doors upon which wall signs are permitted. u. Temporary sign. A sign, banner, pennant, balloon, streamers, or advertising • device intended to be displayed for a period not to exceed thirty (30) days. v. Wa11. All exterior surface of a building from ground level to the highest point of the roof. w. Wall sign. A sign painted or affixed to any exterior wall of a building and projecting no more than eighteen (18) inches. x. Window sign, permanent. A sign placed in or on a window being visible form a public right-of-way and which is more or less permanently attached in such a 411, manner that is clearly intended to be left in place for a period of more than thirty (30) days. y. Window sign, temporary. A sign placed in or on a window, which is readily removable and will not be left in place for a period exceeding thirty (30) days. SECTION 9-040. GENERAL PROVISIONS APPLICABLE TO ALL DISTRICTS - . _ • . 41116111_10 1. Projecting signs. 2. Above roof signs. 3. Moving signs. 4. Flashing signs or lights, except electronic readerboard signs shall be permitted. 5. Manual changeable copy signs. 6. Portable signs. C:\WP51\CRD Page 3 of 16 b. The following signs are excluded from the requirements of this chapter: 1. Parade floats, sound trucks, or other moving advertising media while operated on a public street or roadway. 2. Contractor's vans or trailers parked at a construction site during actual construction, provided the primary use of the vehicle is for storage or office and that the advertising matter pertains only to the contractor. 3. Architectural detail of a building including cornerstones, crosses, or other identifying det i1s which are part of the building. 4. Owner's name or other advertising on service or delivery vehicles. 5. Sign affixed to a bus stop bench. such sign shall not exceed ten (10) square feet in area. 6. Any signs for the promotion of a civic celebration. Such signs shall be permitted by permission of the City Council so long as they do not cause a threat to safety. Such signs must be established by the committee in charge of the civic celebration and a permit obtained, except no fee will be charged. • 7. Official traffic signs and signals. •• c. The following signs are subject only to Section 9-040 (e) and do not require 1111 permits. 1. Name plate signs not exceeding one (1) square foot in area, indicating the name and/or address of the occupant: House and building numbers shall not exceed twelve (12) inches in height. 2. Governmentally authorized historical markers. 3. Official governmental information signs. 4. Interior signs and building directories not readily visible from a public right-of-way. 5. Name plates or identification signs under one (1) square foot in area bearing the name and/or address of the occupant. 6. Small signs not exceeding four (4) square feet in area containing no advertising and displayed for convenience of the public to identify restrooms and freight and service doors. Entrance and exit signs may contain name of business and proper directional information, i.e. enter or exit; and shall not exceed four (4) square feet in area. C:\WP51\ORD\Cri-LX Page 4 of 16 7. One (1) small sign per street frontage on each lot displayed for garage • sales, rummage sales, sale of produce grown on the premises, real estate sales, Parade of Homes production or church or school events. Such signs are permitted on private property only, may be placed only upon approval of the property owner, may not exceed six (6) square feet in area and may not exceed four (4) feet in height. In addition, signs advertising garage sales, rummage sales, Parade of Homes promotions or church events may be displayed for no more than one week prior to the event and must be removed within one day after the sale or event. Real estate sale signs erected off the premises offered for sale may be displayed for no more than three (3) days in any seven (7) day period. No sign provided for in this paragraph may be located closer than seven (7) feet to the paved portion of a street. 8. One (1) campaign sign per candidate and issue on each frontage is permitted from the last day of candidacy filing, or one month before the election, whichever is Inter. Such signs shall not exceed six (6) square feet in area and shall be not more than four (4) feet in height. Such signs are permitted on private property only and may be placed only upon approval of the property owner. No such sign may be located closer than seven (7) feet to the paved portion of a street. Where the sign is situated not closer than one hundred fifty feet (150) from the property line of an .111, occupied residence, the area of the sign may increase to thirty-two (32) square feet and the height increase to six (6) feet; however, such sign must be set back from the property line a distance equal to one-third the distance of the district front yard setback requirement. Any sign permitted by this paragraph may be used, in lieu of other uses permitted by this paragraph, as a Non-Commercial Opinion Sign. The owner of the property on which'campaign signs are located shall be responsible for the removal of such signs within five (5) days after the election. 9. One (1) unlighted "For Sale' or "For Rent" sign erected on the premises which is for sale or rent, such sign not to exceed six (6) square feet in area in residential districts and thirty-two (32) square feet in area in business and industrial districts. 10. One (1) temporary unlighted identification sign maybe installed upon a construction site in any district denoting the name of the owner, architect, engineer, and contractor, provided that such signs do not exceed district area requirements for ground signs. 11. Gasoline service stations are permitted a doublefaced full price sign(s) not exceeding sixteen (16) square feet each for each type of fuel sold on the site. No more than one price sign for one type of fuel is allowed per street side. c:\WP51\ORD\cH-lY 1Di Sfir' 1Fi 12. Seasonal holiday decorations are permitted so long as they contain no advertising. they must be removed within ten (10) days following the holiday. 13. Signs denoting the location of a utility for purposes of warning or • maintenance and a sign denoting the location of a public phone. 14. Small signs used for protection of property such as "No Trespassing" or "Keep Off the Grass" providing such sign is no larger than one and one- half (1/) square feet. 15. Canopy signs are permitted so long as they contain the name or logo of the establishment only. 16. In addition to all other signs permitted under this Chapter, each lot which is being used for residential purposes may contain one Non-Commercial Opinion Sign for each street frontage. Such signs are permitted on private property only, may be placed only upon approval of the property owner, may not exceed six (6) square feet in area or four (4) feet in height, may not be located closer than seven (7) feet to the paved portion of a street, and must be at least five (5) feet from any other privately owned property. d. The following signs are subject only to Section 9-040 (e) and do require permits: • 1. Signs advertising a seasonal business, providing such sign is not attached Ilk to a building and that such sign is displayed for a period not to exceed thirty (30) days. One such sign may be displayed in addition to any existing signs on the property. A seasonal business sign may be displayed on an individual property no more often than once per year. e. The following safety standards shall be adhered to for all signage. 1. Signs shall be designed and constructed to meet the standards of the y 1 64.•Y. i I 1 1111.111 . We_• _Mg ;5, _ _ _r . i ii • . i'.. and of such material that they shall be safe and substantial, provided that nothing in this ordinance shall be interpreted as authorizing the erection or construction of any signs not.now permissible under the zoning or building or electrical code of the City. Signs which become unsafe shall be ordered repaired or removed by the Building Official. 2. All electric signs shall be designed and installed in accordance with the electrical code and shall obtain an electrical permit. 3. Clearance from high-voltage power lines. Signs shall be located no less than six (6) feet horizontally or twelve (12) feet vertically from overhead electrical conductors which are energized in excess of seven hundred fifty • c:\wPSI\oRD\cH- Page 6 of 16 (750) volts. The term 'overhead conductors' as used in this section means any electrical conductor, either bare or insulated, above the ground except such conductors as are enclosed in iron pipe or other material covering of equal strength. 4. Clearance from fire escapes, exits or standpipes. No sign shall be erected or maintained in such a manner that any portion of its surface or supports will interfere in any way with fire ingress or egress from any door, window, or fire escape. No sign shall be attached to a standpipe or fire escape. 5. Obstruction of openings. No sign shall obstruct any openings to such an extent that light or ventilation is reduced to a point below that required by the Uniform Building Code. Signs erected within five (5) feet of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics. 6. No sign shall be used at any location or in any manner where it may be confused or construed as a traffic control device or create a traffic hazard. 7. The owner of any sign shall properly maintain and keep such sign in a safe, orderly condition and keep such sign, including all parts and 41, supports, properly painted. • SECTION 9-050. RESIDENTIAL. ZONING DISTRICTS, R-1, R-2, AND R4 a. Institutional sign. One (1) sign and/or encased bulletin board is permitted for a church, public facility or a school. • 1. An institutional ground sign shall not exceed twenty (20) square feet in area, not exceed ten (10) feet in height and shall be placed not less than ten (10) feet from any street right-of-way. 2. An institutional wall sign shall not e:cerd twenty (20) percent of the designated signable area of two hundred (200) square feet in area, whichever is less. b. Residential development sign. One (I) unlighted sign may be displayed for a. residential project which is the initial offering for sale or rent of ten (10) or more new dwelling units, vacant lots, or combination thereof for a period not to exceed two (2) years. Such-sign shall not be more than ten (10) feet in height and thirty-two (32) square feet in area, except that the area of the sign may be increased to sixty-four (64) square feet so long as it is situated no closer than one hundred fifty (150) feet from the property line of an occupied residence. that is not a part of a development. C:\wPs 1\ORD\CH-LY ?Ise 7 of 16 c. Temporary signs. Temporary signs are permitted for churches, schools, and public facilities only and are subject to the regulations of Section 9-140. d. Electronic readerboard signs. . Electronic readerboard signs may be permitted for schools or public facilities only. One such sign per lot shall be permitted by 1110 special use permit and are subject to the requirements of institutional signs. SECTION 9-060. RESIDENTIAL ZONING DISTRICTS, R-3A AND R 3B a. Institutional sign. One (1) sign and/or encased bulletin board is permitted for a church, public facility or school. 1. An institutional ground sign shall not exceed twenty (20) square feet in area, not exceed ten (10) feet in height and shall be placed not less than ten (10) feet from any street right-of-way. 2. An institutional wall sign shall not exceed twenty (20) percent of the designated signable area or two-hundred (200) square feet in area, whichever is less. b. Ground sign. No ground sign shall exceed.thirty-five (35) square feet in area, shall not exceed twelve (12) feet in height and shall be set back a minimum of ten (10) feet.from any street right-of-way line. Such sign shall state a name, address, and/pr phone number only. c. Wall sign. No wall sign shall exceed thirty (30) percent of the signable area or two hundred (200) square feet in area, whichever is less. Signable area is an area of a building free of windows or doors. The maximum size of the selected signable area is determined by calculating the number of square feet which are enclosed by an imaginary rectangle around this area. Such sign shall state a name, address, and/or phone number only. street side. Each street side of a building sh211 be considered separately for purposes of determining compliance with the provisions of this section. e. Residential development sign. One (1) unlighted sign may be displayed for a residential project which is the initial offering for sale or rent of ten (10) or more new dwelling units, vacant lots or combination thereof for a period not to exceed two (2) years. Such signs shall be no more than ten (10) feet in height and thirty-two (32) square feet in area, except that the area of the sign may be increased to sixty-four (64) square feet so long as it is situated no closer than one hundred fifty (150) feet from the property line of an occupied residence that is not a part of the development. 411, c:\WP511oRD\cx 1X Page 8 of 16 f. T e pom j signs. Temporary sigs are pe.:iliw or churches, schools, and public =iliac:, only and are suoject to the regulations oI Ser ,aon g. Electronic readerboard signs. Electronic readerboard signs may be permitted for schools or public facilities only. Once such sign per lot shall be permitted . by special use permit and are subject tot he requirements of institutional signs. SECTION 9-070. COMMERCIAL ZONING DISTRICTS, B-1 AND B-2 a. Ground sign. One (1) ground sign is permitted per street frontage. Such sign is permitted per street frontage. Such sign shall not exceed thirty-six (36) square feet in area, shall not exceed twenty (20) feet in height and shall be set back ten (10) feet from any street right-of-way. On each street side of less than one hundred (100) feet one ground sign not exceeding twelve (12) square feet in area shall be permitted. b. Wall sign. One (1) wall sign is permitted per street frontage. Such sign shall not exceed thirty (30) percent of the signable area or two hundred (200) square feet in area, whichever is less. Signable area is an area of a building free of windows or doors. the maximum size of the selected signable area is determined by calculating the number of square feet which are enclosed by an imaginary rectangle around this area. c. Multiple occupancy buildings. See regulations under Simon 9-110. d. Building sides not abutting a street. See regulations under Section 9-120. e. Off-street parking sign, A wall sign may be displayed on the side or rear of a building adjacent to an off-street paring area if the off-street parking area has rive (5) or more parking stalls and such stalls are on the premises. In no case shall the size of such sign be larger than the size of a permitted wall sign on the front of the building. f. Billboards. Billboards are permitted as regulated in Section 9-130. g. Electronic readerboard sign. One (1) electronic readerboard sign per lot is permitted so long as suchsign conforms to the ground and wall sign regulations of this section. h. Permanent window sign. Permanent window signs may not exceed twenty-five (25) percent of the total area of the window in which they are displayed. i. Temporary window sign. The total area of window signs (both permanent and temporary) may not exceed fifty (50) percent of the area of the window in which they are displayed. C:\WP51\ORD\C::-1X Page 9 of 16 j. Temporary sign. Temporary signs are permitted as regulated in Section 9-140. SECTION 9-080. COMMERCIAL ZONING DISTRICTS, B-3 • a. Ground sign. One (1) ground sign is permitted per street frontage. Such sign shall not exceed sixty-four (64) square feet in area and shall not exceed twenty (20) feet in height and shall be set back ten (10) feet from any street right-of- way line. A freeway ground sign shall not exceed one hundred seventy (170) • feet in area and not exceed thirty-five (35) feet in height. On each street side of less than one hundred (100) feet, one ground sign not exceeding twelve (12) square feet in area shall be permitted. b. .Wall sign. One (1) wall sign is permitted per street frontage. Such sign shall not exceed forty (40) percent of the selected signabie area or two hundred (200) square feet in area, whichever is less. Signable area is an area of a building free of windows or doors. The maximum size of the selected signable area is determined by calculating the number of square feet which are enclosed by an imaginary rectangle around this area. c. Multiple occupancy building. See regulations under Section 9-110. d. Building sites not abutting a street. See regulations under Section 9-120. e. Off-street parking sing. A wall sign may be displayed on the side or rear.of a :building adjacent to an off-street parking area if the off-street parking area has 4, five (5) or more parking stalls and such stalls are on the premises. In no case shall the size of a permitted wall sign be larger than the size of a permitted wall sign on the front of the building. • f. Billboards. Billboards are permitted as regulated in Section 9-130. g. Electronic readerboard sign. One (1) electronic readerboard sign per lot is permitted so long as such sign conforms to the ground nd wall sign regulations h. Permanent window sign. Permanent window signs may not exceed twenty-five (25) percent of the total are of the window in which they are displayed. • i. Temporary window sign. The total area of window signs (both permanent and temporary) may not exceed fifty (50) percent of the area of the window in which they are displayed. j. Temporary sign. Temporary signs are permitted as regulated in Section 9-140. • C:\WP51\ORD\CF4 X Page 10 of 16 SECTION 9-4 0. 2.01,4 iG DISTRICTS, B-4 AND 3-5 • The sign regulations for the 3-4 and B-5 zoning districts are generally based on the sign regulations for the B-3 zoning district, except that the City Council shall have the authority to allow flexibility in signing based on the nature of the B-4 and 3-5 zoning districts. SECTION 9-100. INDUSTRIAL ZONING DISTRICTS, I-1, I 2 AND I-3 a. Ground sign. One ground sign is permitted per street frontage. Such sign shall not exceed thirty-six (36) square feet in area., shall not exceed twenty (20) feet in height and chalk be set back thirteen and a half (13.5) feet from any street right-of-way line. A freeway ground sign shall not exceed one hundred seventy (170) square feet in area and chail not exceed thirty-five (35) feet in height. On each street side of less than one hundred (100) feet, one (1) ground sign not exceeding twelve (12) square feet in area shall be permitted. b. Wall sign. One wall sign is permitted per street frontage. Such sign shall not exceed twenty (20) percent of the signable area or two hundred (200) square feet in area, whichever is less. Signable area is an area of a building.free of windows or doors. The maximum size of the signable area is determined by calculating the number of square feet which are enclosed by an imaginary rectangle around this area. c. Multiple occupancy buildings. See regulations under Section 9-110. d. Building sides not abutting a street. See regulations under Section 9-120. e. Off-street parlang sign. A wall sign may be displayed oa the side or rear of a building adjacent to an off-street parking area if the off-street parking area has five (5) or more parking stalls and such stalls are on the premises. In no case shall the size of such sign be larger than the size of a permitted wall sign on the front of the building. f. Billboards. Billboards are permitted as regulated in Section 9-130. g. Eectronic readerboard signs. One (1) electronic readerboard sign per lot is permitted so long as such sign conforms to the ground and wall sign regulations of this section. h. Permanent window sign. Permanent window signs may not exceed twenty-five (25) percent of the total area of the window in which they are displayed. i. Temporary window sign. The total area of window signs (both permanent and temporary) may not exceed fifty (50) percent of the area of the window in which they are displayed. C:\WP5INORD\CH-LX Page 11 of 16 j. Temporary sign. Temporary signs are permitted as regulated in Section 9-140. SECTION 9-110. MULTIPLE OCCUPANCY BUILDING (Other than Areas of Special Control) a. Multiple occupancy buildings not displaying any wall signs, except for name plates per Section 9-040 (c), may have one (1) ground sign listing the building tenants, or comply with the requirements of b. and c. of this section. b. Building having multiple occupancy with individual entrances: When a building contains two (2) or more activities carried on by different occupants, each having a separate entrance, each occupant may display one (1) individual wall sign containing a maximum of five (5) words and/or numbers, however, the combined area of all wall signs shall not exceed the allowable percentage of the total selected signable area allowed. Individual building tenants shall not be identified by an eieczonic readerbcard sign. Wall signs must be placed within the selected signable area. Such buildings may be identified by a single ground sign only, displaying the name of the building only, except when the ground sign is an electronic readerboard. Such ground sign shall conform to all applicable size, height, and setback requirements. c. Buildings having multiple occupancy with shared entrances and buildings with both individual and shared entrances: Such joint occupancy buildings may be identified by a single ground or wall sign in conformance with all applicable size, height, and setback requirements, Such sign may display name of building . • only or name and address of building, and name plates fcr individual tenants in accordance with the overall sign area and height requirements, except that the identifying ground or wall sign may be an electronic readerboard sign. SECTION 9-120. BUILDING SIDES NOT ABUTTING A STREET A wall sign may be displayed on the side or rear of a building facing a yard not abutting on a street under the following.conditions: a. The signs be visible from a public roadway on which the building abuts. b. The side or rear yard on the side to be signed shall meet district setback and buffering requirements. c. The sign shall be no larger than the largest wall sign which would be permitted on the front of the building. d. If the side or rear yard on the side of the building to be signed abuts on park property or a residential district, such sign shall not be lighted. 1111 C:\wP51\ORD\CHi Page 12 of 16 SECTION 9-130. BILLBOARDS • a. Billboards are permitted only in business and industrial districts which are abutting on freeways. b. Billboards shall be no closer than two hundred (200) feet to any prorerty line in a residential district or buffering shall be provided in accordance with the applicable district requirements as if the billboard constituted a structure. c. Billboards may be no closer than one thousand (1,000) feet to another billboard on the same side of the freeway. d. Billboards shall not exceed thirty-five (35) feet in height, as measured from the average ground level at its base to the highest point of the billboard. e. Billboards shall not exceed three hundred (300) square feet in area. f. No more than one billboard, which may have two (2) faces, back to back, shall be constructed on each billboard site. Back to back shall mean that the two (2) outer faces shall form an angle not greater than thirty (30) degrees. g. Setbacks shall be in accordance with district zoning requirements for structures, 1111. but in every event at least twenty (20) feet from a right-of-way line. Additionally, no billboard shall be located closer than one hundred fifty (150) feet to a structure. SECTION 9440. TEMPORARY SIGN a. Temporary signs, other than those shined in Section 9-040, shall require permits. b. Each business or lot may be issued two (2) temporary sign permits during any calendar year. -,Such temporary signs shall not be on display more than thirty (30) days and there shall be at least a ninety (90) day period between permit effective dates. c. Temporary signs shall not exceed thirty-two (32) square feet in area, when applicable. d. Businesses not located in multiple occupancy buildings which have an established readerboard sign shall not be permitted temporary signing. C:\WP51\ORD\CH-IX SECTION 9-150. AREA OF SPECIAL CONTROL a. It is recognized that regulations provided in this ordinance cannot sensitively handle all the sign situations in the City of New Brighton. Therefore, the City • Council by resolution may designate any of the following areas of special • control: a) scenic areas; b) shopping centers; c) renewal areas. 1. Scenic areas. A. scenic area is an area whose special architectural or historical characteristics or whose natural beauty requires special sign regulation to insure that all signs used within that area are compatible with each other. 2. Shopping centers are more intensive commercial areas whose character indicates that signs should be permitted which differ from those which would otherwise be applicable under this ordinance. A shopping center is a premise planned and developed as a unit, with an undivided or nonsegregated parking area, that is advertised as a center and has multiple occupancy. 3. Renewal areas are areas designed for renewal, redevelopment, or as development districts in accordance with the procedures established in Minnesota Statutes. b. In areas of special control, the City Council by special pennit.may estabIWth regulations for signs which are either more restrictive or less restrictive than those provided by this ordinance, having regard to the character of the area of 1111. special control to which the special conrol to which the special permit will apply. 1. In scenic areas, it is generally expected that sign regulations will be more restrictive than those which would otherwise be applicable under this ordinance. 2. For shopping centers, in addition to general standards in Section 9-040, the following apply: The shopping center should be identified by a single ground sign for the purpose *of center identification. It should display no more than five (5) words and identify the center, not advertised individual • businesses therein. The height and size limitations of a ground sign ahali follow the B-3 zoning requirements. Each activity in a building of multiple occupancy would be allowed a wall sign that would be an identify sign only. 3. In renewal areas, it is recognized that zoning ordinance regulations may have to be varied to creatively and reasonably revitalize the area. It is the intent of this paragraph that a comprehensive sign plan be a component of • an overall renewal plan and be sensitive to and compatible with the unique c:\WPsl\oRD\c3 Page 14 of 16 physical circumstances that may be created by a renewal project. The general purposes of sound identification, reduction of clutter, and aesthetic enhancement shall, however, be the controlling standard. c. Special use permits for signs in an area of special control shall be issued as part of an overall sign plan for that area. Such plan, when approved by City Council, shall constitute the permitted signs for that area and any future change to such plan shall be submitted under special permit procedure and when adopted shall become part of that plan. d. The procedure for obtaining a special permit under Section 9-150 shall be as set forth in Chapter VIII of the Zoning Code, except that no special permit establishing a sign plan shall be recommended by the Planning Commission unless such shall find: 1. That the sign plan provides sound identification, reduction of clutter, and aesthetic enhancement. 2. That the sign plan is sensitive to and compatible with the physical circumstances of the site and buildings. 3. That the sign plan is not detrimental to public safety. 4. That the gai plan will not impede the normal and orderly placement of signs on surrounding properties. SECTION 9-160. VARIANCE The procedure for obtaining a variance shall be as set forth in Chapter VIII of the Zoning Code. Before a variance can be granted, special circumstances involving size, shape, topography, location, or surroundings must attach to the property referred to in the . • w. i• 1 e •• • .1•• • a' 4,.a • to other properties int he same district. The granting of a variance must not result in material damage or prejudice to other property in the vicinity nor be detrimental to public safety or welfare. SEC-LION 9-170. NONCONFORMING SIGNS a. Any nonconforming temporary or portable sign existing at the time of adoption of this ordinance shall be made to comply with the requirements set forth herein or shall be removed within 60 days after the adoption of this ordinance. b. Nonconforming permanent signs lawfully existing at the time of adoption of this ordinance shall be allowed to continue in use, but shall not be rebuilt, altered other than to change the message or relocated without being brought into C\wPS1\ORD\CH-I Page 15 of 16 compliance with the requirements of this ordinance. After a nonconforming sign has been removed, it shall not be replaced by another nonconforming sign. c. Whenever use of a nonconforming sign has been discontinued for a period of three (3) months, such use chai1 not thereafter be resumed unless in • conformance with'the provisions of this ordinance. SECTION 9-180. NON-COMMERCIAL OPINION SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS Any single sign or signabie area permitted on a site which is devoted to any commercial or industrial use (whether as a permitted use, accessory use, conditional use, or nonconforming use) may be used, in lieu of other signage.permitted under this Chapter, as a Non- Commercial Opinion Sign. In addition to such sign, any permitted Billboard may be used as a Non-Commercial Opinion Sign. • • • • C:\WP51\ORD\CIH LX Page 16 of 16 • • Sign Code Issues General/Misc. 1. Write a provision which deals with removal of abandoned and/or illegal signs. Must address removal and storage conditions. 2. Personal expression signs -"Lower Taxes Now!" etc. Size, number allowed, etc. 3. Do we want to place in the code provision for amortization? 4. Statement that all signs must be installed according to the provisions of the Uniform Building Code. 5. Statement of how to go about deviating from the code (variance, code appeal, etc.), particularly when request goes through Planning Commission and when it goes straight to the Council. Permanent Signs 1. _ Allowable signable area needs to be increased in some residential areas, especially R-4 apartment buildings and R-1 churches. 2. Scrolling readerboards are not addressed in area of the sign code. Specify in which districts they are allowed, size, and allowable illumination. 3. Flags are not addressed in the current code. May want to address height and location of flag poles and flags used as an integral part of the building (i.e., flags on top of Taco Bell). 4. Are signs places inside of glass a part of permanent or temporary signage (or neither?) 5. Address the allowability of off-site directional signage ("Messiah Lutheran Church two blocks ahead"). 6. Address the allowability of billboards. 7. Strike the language that allows wall signs to be exempt from permit fees. 8. Add language defining the required setbacks for signs. Page Two of Three (Sign Cods Issues • Temporary Signs 1. Decide if pennants and fringe are to be considered temporary signs. If they are, how much fringe/pennant should be allowed per property? How should we enforce this? 2. Are large inflatable objects considered temporary signs? If so, what will be the size, height, setback requirements? 3. Add language allowing signage by construction companies while a project is in progress. 4. Add language regulating placement and time limits of garage sale signs. (This also should be addressed under zoning - at what point does a garage sale become a home business?) 5. Do we allow"advertising" signage in the front or side yard, i.e., a sofa in the front yard with "For Sale" written on it (the actual sale activity should be addressed in zoning code). Also "Free Puppies." 6. Setback requirements for temporary signs allowed - the right-of-way? S 7. Temporary signs for charitable and civic events - are they subject to temporary sign ordinances? What is "charitable" or"civic" event? 8. Write in language specifically allowing "For Lease" and "For Sale" banners in excess of 10 square feet at apartment and business properties. Specifically state that banners of this type are not subject to the 3 temp signs per year rule. 9. Set regulations pertaining to the use of search lights (or should this be covered in the zoning code?) 10. Is the city responsible for temporary signs erected in utility poles (garage sales, etc.) 11. Must clarify temporary sign portion -three permits per property or three permits per business? Mounds View Square, for example, has a number of businesses on one piece of property are they allowed only three signs • per year? 12. Change code to read "three permits per calendar year," rather than just 5 . Page Three of Three /Sign Code Issues three per year (requires less paperwork). 13. Should the City require a deposit on temporary signs to ensure prompt removal? 14. Clarification: are temporary signs allowed in residential districts? Should residents be held to the 3 permit restriction and/or have to pay the fee? What type of temporary signs would require a permit? 15. Clarify policies on illumination -when and where it's allowed, intensity allowed, whether and where flashing is allowed. 16. What types of signage is allowed with outdoor merchandising, when outdoor merchandising is specifically allowed by Conditional Use (Super America and Amoco, for example)? 17. Real Estate/Open House/House for Sale signs (off-site directional) - placement, allowed placement time. 18. Signage for transient merchants/peddlers (will also have to change • Chapter 110). Election Signs (per conversation with Michele) 1. State that candidate must have permission of property owners before erecting sign. 2. One sign per property frontage per candidate! 3. Clarify setbacks and right-of-way allowability. 4. Specifically state the maximum size allowed at particular setbacks. 5. Specifically state the City's position with respect to signs placed in County and State lands (City's ability to pull if causing a hazard - check state statutes) 6. Policy regarding pulling and impounding of illegally placed signs. •