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HomeMy WebLinkAboutOrdinance 816ORDINANCE NO. 816 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1008 OF THE MOUNDS VIEW CITY CODE BY REVISING THE SIGN AND BILLBOARD CODE TO INCLUDE LANGUAGE TO ALLOW DYNAMIC DISPLAY SIGNS WHEREAS, the Mounds View City Council directed City staff to prepare an amendment to the City Code to include regulations for dynamic display signs; and WHEREAS, on January 7, 2008, the Mounds View City Council adopted Ordinance 801 that amended Chapter 1008 of the City Code regarding the City requirements for signs and billboards; and WHEREAS, Ordinance 801 included a prohibition for dynamic displays and repealed the ordinance that had established aone-year moratorium on electronic and video display signs or billboards in Mounds View; and WHEREAS, studies such as "Dynamic Signage: Research Related to Driver Distraction and Ordinance Recommendations" prepared by SRF Consulting Group, Inc., dated June 7, 2007 for the City of Minnetonka have shown there is a correlation between dynamic displays on signs and distraction of motor vehicle drivers; and WHEREAS, the distraction of drivers can lead to motor vehicle and traffic accidents. Drivers can be distracted by a changing message and by knowing that a sign has a changing message. In such a case, drivers may watch a sign waiting for the next change to occur. Sign messages that do not tell the full story in one look also distract drivers. People have a natural desire to see the end of the story and will continue to look at a sign to see the end of the story or message; and WHEREAS, signs with special effects that sign operators use to change the message, such as fade-ins and fade-outs also can distract drivers. Finally, signs with messages that are too small for drivers to see clearly or that contain more than a simple message generally distract drivers; and WHEREAS, the City Council, due to these public safety concerns, wants to allow signs with dynamic displays and technologies in Mounds View with certain restrictions. The City intends such restrictions to lessen driver distraction, to minimize their proliferation in residential districts (where signs can adversely affect residential character), and to protect the public health, safety, welfare, image and the aesthetics of the city; and WHEREAS, the City Council has determined that it is in the public interest to establish requirements for the installation and operation of dynamic display signs, including a minimum limit on display time requirement on dynamic display signs; and WHEREAS, there typically is a need for a constant message on an on-site sign so the public can use the sign to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driver conduct by prompting last- second lane changes, stops, or turns, all of which could cause traffic accidents and injuries; and WHEREAS, the City Council finds that dynamic displays should be allowed on billboards and on off and on-site signs but only with significant controls to minimize their proliferation and to lessen their potential threats to public health, safety and welfare and to the image and aesthetics of the City; and WHEREAS, the City Council has determined that off-site signs or billboards do not need to serve the same way-finding function as do on-site signs; they are distracting and their removal serves the public health, safety, aesthetics and welfare; and WHEREAS, the City Council intends to provide an incentive option for the voluntary and uncompensated removal of off-site signs or billboards. This sign removal and reduction in sign surfaces would result in an overall advancement of one or more of the goals set forth in this ordinance and, with the increased advertising through the addition of dynamic display technologies, should more than offset any additional burden caused by the incentive; and WHEREAS, the City Council bases the incentive provisions in this ordinance on the recognition that the incentive creates an opportunity to reduce the number of outdoor advertising signs and services that would otherwise remain in Mounds View; and WHEREAS, the Mounds View Planning Commission discussed this matter on October 15, 2008 and they concurred that an amendment to the City Code about signs is warranted and justified; and NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council has decided that it is in the public interest to amend the City Code about signs to establish regulations for dynamic display signs. THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council adopts the following ordinance amending Chapter 1008 of the Mounds View City Code. THE CITY OF MOUNDS VIEW ORDAINS: Section 1. The Mounds View City Council hereby amends Chapter 1008 of the Mounds View City Code about signs by deleting the stricken language and adding the underlined language as follows: Page 2 CHAPTER 1008 SIGNS AND BILLBOARDS SECTION: 1008.005: General [ntent 1008.01: Purpose 1008.011: Scope of Regulations 1008.012: Severability 1008.013: Substitution Provision 1008.02: Definitions 1008.03: Building Permit Required; Exceptions 1008.04: Application for Permit 1008.05: Permit Fees; Waiver 1008.06: Issuance of Permit; Review Process and Conditions 1008.07: Sign Installer's License Provisions 1008.08: Maintenance of Premises 1008.081: Sign Maintenance. Repair, Permits and Inspections 1008.09: General Location, Design and Construction Standards 1008.10: Specific Sign Type Standards and Requirements 1008.11: Miscellaneous Signage Requirements and Provisions 1008.12: Prohibited Signs 1008.13: Nonconforming Signs 1008.14: Abrogation and Greater Restriction 1008.15: Violation of Provisions 1008.16: Sign Variances (Ord. 644, 12-13-99; Ord. 679, 5-29-01) 1008.005: GENERAL INTENT: In order to preserve Mounds View as a desirable city to live and to do business in, havin~a pleasing and visually attractive urban environment is important. The regulation of signs is an important means to help achieve the desired results of the City. As such, the City has prepared these sign regulations to enhance the urban enviroiunent and to promote the well-being of the City 1008.01: PURPOSE: This Chapter is intended to establish a comprehensive and balanced system of sign control that accommodates the need for awell-maintained, safe, and attractive community, and the need for effective communications including business identification. The City of Mounds View finds it is necessary for the promotion and preservation of the public health, safety, welfare, image and aesthetics of the community that the construction, location, size and maintenance of signs be controlled. Further, the City finds that: (Ord. 679, 5-29-01) a. Permanent and temporary signs have a direct impact on and relationship to the image and aesthetics of the City ~n~~i~=; (Ord. 679, 5-29-01) b. The manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the c~~f~r~y; (Ord. 679, 5-29-01) Page 3 c. an opportunity for viable identification of residences, c~xn~t~~- businesses and institutions in the city must be established; (Ord. 679, 5-29-01) d. the safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that create hazards for drivers and unduly divert the attention of drivers. (Ord. 679, 5-29-01) e. 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 may be an obstacle to effective fire-fighting and other emergency service; (Ord. 679, 5-29-01) f. uncontrolled and unlimited signs and sign types, particularlX moving signs and sib with dynamic displace, adversely impact the image and aesthetic attractiveness of the c eeml»~+Hi~ and thereby undermine economic value and growth; (Ord. 679, 5-29-01) g. uncontrolled and unlimited signs, particularly temporary signs which are commonly located within or adjacent to public right-of--way or are located at driveway/street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information; (Ord. 679, 5-29-01) h. signs are generally incompatible with residential uses and should be strictly limited in residential zoning districts; and (Ord. 679, 5-29-01; Ord. 769, 5-8-06) i. the right to express opinions in any zoning district must be protected, subject to reasonable restrictions on size, height, location and number. (Ord. 679, 5-29-01; Ord. 5-8-06) j. the City does not intend to nor does it propose to regulate the mesa =e~, on any sign. k. the City intends to protect the public from the dangers of unsafe signs. 1008.011 SCOPE OF REGULATIONS: The sign regulations established in this Chapter shall apply to all structures and all land uses. This Chapter describes the sign standards for all the zoning districts of the City. The City establishes specific additional regulations for si ng s that are unique in purpose and not easily addressed by district regulations. No person, property owner or lessee shall Ulace, erect, alter, modify, enhance or change, a sign in any way that does not meet the requirements of this Chapter and other applicable regulations. 1008.012 SEVERABILITY: If any section, subsection, sentence, clause, phase or other part of this Chapter is held to be invalid, such invalidity shall not affect the validity or enforceability of the rest of this Chapter. The City Council hereby declares that it would have adopted the Chapter in each section, subsection, sentence or phase thereof; ii-~•espective of the fact that any one or more sections, subjections, sentences, clauses or phrases are declared invalid. Page 4 1008.013 SUBSTITUTION PROVISION: The owner or operator of and sign that this Chapter would otherwise allow may substitute anon-conunercial sign in lieu of anther commercial or non-commercial sign. The owner may make this substitution without anv additional City approval or pernlit. The purpose of this provision is to prevent anv inadvertent favoring of commercial speech over non-commercial speech, or the favoring of any particular non-conunercial message over any other non-commercial message. This provision shall prevail over any more ~ecitic provision to the contrary. 1008.02: DEFINITIONS: The following terms have the meanings ascribed to them in this Section: (Ord. 679, 5-29-01) ABANDONED SIGN: A sign that becomes vacant, unoccupied or unused; or a sign promoting a business or activity no longer in operation or incorrectly or inaccurately conveying a message, or a sign promoting an obsolete message or sign copy, for a period in excess of one (1) month. (Ord. 679, 5-29-01) ANIMATED SIGN: A sign that has any moving or rotating part; or uses movement or change of lighting to depict action or create a special effect or scene, but is not a dynamic display sip=n. Refer also to electronic scrolling message or marquee signs. (Ord. 679, 5-29-01) AREA IDENTIFICATION SIGN: A freestanding sign which identifies the name of a community, neighborhood, a residential subdivision, amulti-family residential complex consisting of three (3) or more structures, a planned unit development, or any combination of the above located on contiguous properties. (Ord. 679, 5-29-01) AWNING SIGN: A sign displayed on or attached flat against the surface or surfaces of an awning attached to or extending from a building. (Ord. 679, 5-29-01) BANNER: Any sign of lightweight, flexible material affixed to a building, poles, vehicle or other supporting structures upon which a message, slogan, design or logo is displayed. National, state, or municipal flags shall not be considered a banner. (Ord. 679, 5-29-01) BEACON: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source; also, any light with one (1) or more beams that rotate or move. Otherwise known as searchlights. For the purposes of this Section, beacons or searchlights shall be considered temporary signs. (Ord. 679, 5-29-01) BENCH SIGNS: A sign that is affixed to a bench or shelter at a bus stop. (Ord. 679, 5-29-O1) BILLBOARD: A large, outdoor advertising structure typically mounted on one (1) or more poles, located off the site or premises where the advertised product is sold, available or offered. (Ord. 679, 5-29-01) 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. (Ord. 679, 5-29-O1) Page 5 CAMPAIGN SIGN: A temporary sign promoting the candidacy of a person running for a government office, or promoting an issue to be voted on at the next election. (Ord. 679, 5-29-01) CANOPY SIGN: A sign affixed to the visible surface of an attached or freestanding canopy structure, often backlit to provide internal illumination. For the purposes of sign area computation, canopy signs shall be treated as a wall sign. (Ord. 679, 5-29-01) CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged electronically or manually without altering the face or the surface of the sign but is not a dynamic display. A sign on which the message changes more than eight (8) times a day shall be considered an animated sign for the purposes of this Section. That portion of a sign on which the only copy that changes is an indication of the time and temperature shall be considered a public informational sign. Portable or non-permanent changeable copy signs shall, for the purposes of this Section, be considered temporary signs. (Ord. 679, 5-29-01) COMMERCIAL SIGN: A sign advertising a business, profession, commodity, service or entertainment. CONSTRUCTION SIGN: A sign placed at a construction site identifying the project and/or names of the architect, engineers, developers, contractors or other individuals or firms associated with the project. (Ord. 679, 5-29-01) DIRECTIONAL SIGN: A sign for the purpose of making specific commercial, industrial or public and semi-public locations known and to assist in finding these locations on the property where the sign is located. Such signs may be located within street right-of--ways subject to approval of the City and appropriate governmental agency. (Ord. 679, 5-29-01) DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. Such technologies or methods may include, but are not limited to, cathode-ray tube ,CRT), light-emitting diode (LED, displays, plasma displays, liquid-crystal displays (LCD) or other technolo~~ies used in commercially available televisions or in computer or video monitors. This also includes any rotating, revolving, moving, flashing, blinking, or animated display or structural element and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Si<~ns with this technology that a <~ovenunent or public aQency installs for directin~~ or re ulatin<.: edestrian or motor vehicle movement are exempt li-om this definition. (Ord 801, 01-07-08) FLAG OR PENNANT STRINGERS: A series of flags, pennants or streamers connected by a string or a rope. Such stringers shall be considered temporary signs for the purpose of this Section. (Ord. 679, 5-29-01) Page 6 FLASHING SIGN: A sign or portion thereof whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non- illumination. For the purposes of this Section, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four (4) seconds. (Ord. 679, 5-29-01) FREESTANDING SIGN: A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one (1) or more columns, poles or braces placed in or upon the ground. Also referred to as a Ground Sign. (Ord. 679, 5-29-O1) GOVERNMENT OR REGULATORY SIGN: A sign that is erected by a governmental unit for identification, traffic control or other regulatory purposes. Such signs are often located within street right-of--ways. (Ord. 679, 5-29-01) GRAND OPENING: The commencement of operation of a new business. For purposes of this Section and Chapter, the City considers a rag nd opening to occur if there is a business name change or if there is a chance in the tXpe of business or activity, GRAPHIC SIGN: A sculpture attached to or sigiipainted directly on a wall that is primarily symbolic or representational in nature and not alpha or numeric in content or copy. GROUND SIGN: A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one (1) or more columns, poles or braces placed in or upon the ground. Also referred to as a Freestanding Sign. (Ord. 679, 5-29-01) HOME OCCUPATION SIGN: A sign erected upon a residential property to advertise a home based business or occupation taking place at that location. (Ord. 679, 5-29-01) IDENTIFICATION SIGN: A sign, the primary function of which is to identify a residential, commercial, industrial or public or semi-public use located upon the premises where such sign is located or to which such sign is affixed. Signs identifying commercial uses may call attention to the product, service or activity that is sold or offered upon the premises. Signs identifying industrial uses may call attention to the product, goods or material which is produced, processed, assembled or stored upon the premises. (Ord. 679, 5-29-01) ILLEGAL SIGN: A sign erected without a permit or in violation of this Section. Such signs shall be subject to removal upon written notice by the City. (Ord. 679, 5-29-O1) ILLUMINATED SIGN: Any sign that has characters, letters, figures, designs or outlines that an artificial light source ilhuninates. INCIDENTAL SIGN: A sign, generally informational, that has a purpose secondary to the uses on the property on which it is located. Such signs might include, but are not limited to, "No Parking," "Entrance," "Exit," "ATM," or "Payphone." No sign with a message legible off the premises shall be considered incidental. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) Page 7 INFLATABLE SIGN: A portable device inflated with air or helium used to draw attention to an activity or business upon which the device is attached. Such object may or may not display advertising copy. For the purposes of this Section, inflatable devices shall be considered a temporary sign. (Ord. 679, 5-29-01) MONUMENT SIGN: A freestanding sign attached to the ground by means of a freestanding support structure, solid from grade to the top of the sign structure, typically encased or supported by masonry materials. (Ord. 679, 5-29-01) NON-COMMERCIAL SIGN: A sign disseminatin n~ lessa~es not classified as commercial that include but are not limited to messages about political religious social ideolo ig cal public service and information topics. NUISANCE SIGN: A sign in a state of disrepair, deterioration or damage whereupon one-fourth (1/4) or more of the sign surface is no longer clearly legible or recognizable at a distance of forty feet (40'). Also, any sign in violation of the provisions of this Chapter shall be considered a nuisance sign except for legal nonconforming signs. (Ord. 679, 5-29-01) ON-PREMISE SIGN: A sign related to the property or activity and use occurring on the property on which the sign is located. On-premise suns include multi-tenant identification signs that may advertise tenants on a different propertyprovided such tenants are in the sanle PUD and the properties share parking and access. POLE SIGN: A freestanding sign supported by or erected upon one (1) or more narrow columns, shafts or poles. Also referred to as a Pylon sign. (Ord. 679, 5-29-01) PORTABLE SIGN: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs on wheels, signs converted to "A" or "T" frames, menu and sandwich boards, inflatable devises, advertising umbrellas, and signs attached to or painted on vehicles parked and visible from the public right-of--way, unless said vehicle is used in the normal day-to-day operations of the business. (Ord. 679, 5-29-01) PROJECTING SIGN: A sign other than a wall sign which is perpendicular to and projects more than eighteen inches (18") from a building face or wall or from a structure whose primary purpose is other than the support of the sign. (Ord. 679, 5-29-01) PUBLIC SIGN: A traffic control sign in Minnesota State Statutes• an_y identification sign installed in a public park b~public aPency or authority; and any other identification re ug latory or wai7ling si~,~n approved by the City for installation on public land. PYLON SIGN: A freestanding sign supported by or erected upon one (1) or more narrow columns, shafts or poles. Also referred to as a Pole sign. (Ord. 679, 5-29-01) REAL ESTATE SIGN: A sign advertising the sale, lease or rental of the property or premises upon which the sign is located. (Ord. 679, 5-29-01) REFACING: The process of replacin the si 7r~, i co~y message loco or graphic on a sign without alterinP or movinP the shucture to which the sign face is attached. Page 8 ROOF SIGN: A sign erected, constructed, mounted or attached wholly or in part upon any roof or over the highest roofline of a building. (Ord. 679, 5-29-01) ROTATING SIGN: A sign or a portion of a si<7n where the sign or the si ~n structure moves in a rotating, oscillating or similar manner other than changin sg igns. SECURITY SIGN: A small, incidental sign identifying the presence of a security system. (Ord. 679, 5-29-01) SIGHT TRIANGLE: A triangle formed at a property corner abutting two (2) street right of ways where two (2) triangle legs are thirty feet (30') long with the third leg traversing the property to connect the other two (2) legs. (Refer to the graphic in Section 1008.09, subdivision 1 b.) (Ord. 679, 5-29-01) SIGN: Any written message, pictorial presentation, number, illustration, decoration, banner or other device that is used to announce, direct attention to, identify or advertise a product, service or activity or otherwise make anythin~ known. For purpose of maintenance or removal, the tern "siPn" also shall include frames and support structures. b > > SIGN AREA: That area of a sign within the marginal lines of the surface, which bears the announcement, name, advertisement or other message or, in the case of letters, figures or symbols attached directly to any part of a building, the area which is included in the smallest rectangle which can be made to circumscribe all letters, figures or symbols displayed thereon. (Ord. 679, 5-29-01) SIGN COPY: The letters, numbers, figures, symbols, logos, and graphical elements comprising the content or message of the sign. (Ord. 679, 5-29-01) SIGN HEIGHT: The distance measured perpendicular from the highest point of the sign structure to the average elevation of the ground or ra~jacent to the base of the sign. TEMPORARY SIGN: Any sign displaying a message erected or maintained for a limited period of time and not of a permanent nature and that is not permanently affixed to the land or to a structure. Such signs shall include banners, inflatable si Ji~IS or devices, sandwich boards, portable changeable copy signs or any other device intended to attract attention. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) TRANSIT ENCLOSURE SIGN: Commercial advertising in a transit enclosure or shelter. Such signage shall not include route schedules, service announcements or other similar notices. (Ord. 679, 5-29-01) WALL SIGN: A sign attached to or erected against the exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall, not to project more than twelve inches (12") from the surface to which it is attached. (Ord. 679, 5-29-01) Page 9 WINDOW SIGN: A sign affixed to the interior or exterior of a window or inside the building within three feet (3') of the window with its message intended to be visible to and readable by the public from the outside of the building=. (Ord. 679, 5-29-O1) 1008.03: Illy PERMITS REQUIRED; EXCEPTIONS: (Ord. 679, 5-29-01) 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 1008.02 of this Chapter, in the C~ ;~Q-~ii i ljz~ l its- without first obtaining a permit therefor as required by this Chapter, except as provided in subdivision 2 of this Section below . (1988 Code §39.02) (Ord. 679, 5-29-01) Subd. 2. Exceptions: Permits need not be obtained for any sign less than or equal to eight (8) square feet in area (excluding temporary signs), or for the specific signs addressed below, provided all other requirements of this Section and Chapter are satisfied: (Ord. 679, 5-29- 01) a. A sign pertaining only to the sale, rental or lease of the premises upon which displayed. (Ord. 679, 5-29-01) b. A sign on residential property stating only the name or identity of the occupant. (Ord. 679, 5-29-01) c. Construction sign or sign belonging to a contractor performing work upon a property. Such sign shall be removed immediately upon completion of the work. (Ord. 679, 5-29-01) d. A campaign sign as provided for in subdivision 1008.10, subdivision 7 of this Chapter. (1988 Code §39.03; 1993 Code; Ord. 607, 5-11-98) (Ord. 679, 5-29-01) e. Home occupation signs and incidental residential signs. (Ord. 679, 5-29-01) f. National, state, regional, local, institutional or cultural flags. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) g. Advertising on a transit bench or in a transit shelter or enclosure. (Ord. 679, 5-29-01) h. Official notices authorized by a court, public body or public safety official. (Ord. 679, 5-29-01) 1008.04: APPLICATION FOR PERMIT: Application for sigh permits shall be made upon forms provided by the C~ Nor! ~ ^~~c~ and shall include the following information, unless waived by the Clerk-Adminish•ator or their designee. The City will consider a sign application incomplete and will not process the sign application if the applicant has not supplied all the required information: (Ord. 679, 5-29-01) Page 10 Subd. 1. The name, address and telephone number of the applicant. Subd. 2. The location, address and parcel identification number (P1N) of the building, structure or lot to which or upon which the sign is to be placed. Subd. 3. Complete and detailed plans showin<~ the ~ position of the sign or other advertising structure in relation to nearby buildings, structures and streets or highways, and to the nearest propert. l~ i-i~~~~~sa Subd. 4. Two (2) complete and detailed blueprints or ink drawings of the plans, including elevations, distances, size and details, and specifications and method of construction and attachment to the building or to the ground. Such plans shall fully and clearly represent the proposed sign and the construction. 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 or company 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. 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) Subd. 13. A statement as to whether the sign would have an~ynamic display and if so, the specifics in area and style of the dynamic displace 1008.05: PERMIT FEES; WAIVER: (Ord. 679, 5-29-01) 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: Temporary sign permit fees shall be waived for civic or religious organizations. (1988 Code §39.11) (Ord. 679, 5-29-01; Ord. 769, 5-8-06) Page 11 1008.06: ISSUANCE OF PERMIT; REVIEW PROCESS AND CONDITIONS: (Ord. 679, 5-29-01) Subd. 1. Review Process: The Clerk-Administrator or his or her designee shall approve or deny the sibpermit application in an expedited manner li-om the receipt of the completed application includ>ng all plans specitlcations and applicable fees The City will notify all applicants in writing if the City denies the siQi~, l application. Such notification shall include the reasons the City denied the proposed sign. > > ~l„ ~}}.P}}i~ `~cFcpt~--~S-pT6'~~=iac~1H-S~1bttY"di-~t@i~r~.~rttYi-~-C~ccti6 /!l .l ti'70 C ~~ ~7~ ~ .~-z.~l Subd. 2. Variances: In the event an application is made for a sign that does not conform to the requirements of this Section, the City will den tie application or the applicant shall either modify the application or apply to the City for a variance according to the provisions established in Chapter 1125 of the Zoning Code. No permit for anon-conforming sign shall be issued without evidence of an approved variance. (1988 Code §39.14) (Ord. 679, 5-29-01) 1008.07: SIGN INSTALLER'S LICENSE PROVISIONS: (Ord. 679, 5-29-01) 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 first licensed by the C~ ~kinieit~~t~- 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 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 (1) person and subject to the same limit for each person in an amount not less than three hundred thousand dollars ($300,000.00) on account of any one (1) 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 January 1 through the following December 31. (1988 Code §39.08) (Ord. 679, 5-29-01) Page 12 Subd. 5. Revocation: A license may be terminated and renewal thereof may be denied by the Council for violations of this Chapter or other applicable ordinances. (1988 Code §34.06) (Ord. 679, 5-8-06) 1008.08: 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) (Ord. 679, 5-29-01) 1008.81 SIGN MAINTENANCE, REPAIR, PERMITS AND INSPECTIONS: Subd. 1. All owners and property managers shall keep si ng sin good condition gild repair and free from peeliil~paint, rust, danlaged or rotted support, framework or other materials, broken or missing faces or missing letters. When an~an becomes insecure, in danger of falling, or is otherwise deemed unsafe or a nuisance by a Cit~pector, or if any sign shall have been unlawfully installed, erected or maintained in violation of any of the provisions of tlvs Section and Chapter, the owner or fine using such sign shall, upon written notice by the City Inspector, make such sign conform to the provisions of this Section and Chapter or shall remove the sign within ten (l0~ys. If the sign owner, user or responsible party has not cor•ected such violation within ten (10) days, the Cit.~pector may remove or cause such sign to be removed at the expense of the ov~mer or user of the sign. Subd. 2. Obsolete Si n~Co~y: The owner or user of an~property or sign that has any sign cop t no loner advertises or identities a use conducted on the property on which the sign is located must cover or remove the siQ:,n copy within thirty (30) days after written noti~tication from the Cit~pector. The City considers such a sign to be a nuisance sign. Subd. 3. The owner or user of any structure from which they have moved or removed a sign shall repair andlor paint the shucture with colors and materials to match the existin~~ background. Subd. 4. Sign Permit Not Required: Activities considered to be normal maintenance and repair shall not require a sign or building permit from the City. Such activities shall include replacing oi• repairing Ianlps, ballasts, transfomlers, trim, sign fasteners, nuts or washers; painting the pole or suPpoi•ts of ti•eestai~ding signs; and Raintin~ the cabinet of the tceestandinp; signs or buildings si~~ns. Subd. 5. Sign Permit Required: For any siPn that initially required a permit, the City requires a permit for all of the following additional activities (the City does not consider such activities as normal maintenance): Refacing a sign, except for the text on a manual changeable message sign. b. Removin tg he sign for the repair of the cabinet or an~part thereof. c. Changes made to a sign's size, illumination or electrical service, including, but not limited to, height, width, weight, area, adding or removing illumination. Page 13 d. Changes to poles, structural supports bases or shrouds footings or anchor bolts moving the sign to a new location. or replacement of the interior or exterior cabinet frame except the si<~n face. Subd. 6. Building Pernut: The City also will require a building_pet-~nit for suns or sign repair that involves the construction of or changes to a sign a sign structure billboards and/or electrical connections. All si ns using electricity shall be subject to the State's cut7ent electrical code. The contractor shall bur~or conceal all electrical wiring for such suns Subd. 7. Inspection Authority All suns are subject to inspection by the Building= Official or his or her designee, who the City authorizes to enter an~propert~premise to detet7nine if the provisions of this Chapter are bein~~ met. The inspector or city staff person shall make such an entrance or inspection during regular business hours utiless there is an emerQenc~ Subd. 8. Suns in Disrepair: The Building Official or their designee may order the removal of any sign that the owner or the responsible party is not maintaining accordin t provisions of this Chapter. Upon failure to meet the requirements of a cotTection notice in the specified time in such an order the City Council may declare the sign to be a public nuisance, may have it removed and impounded and assess the cost of the removal to the sign owner or to the property owner. 1008.09: GENERAL LOCATION, DESIGN AND CONSTRUCTION STANDARDS: (Ord. 679, 5-29-01) Subd. 1. General Standards: Every sign shall conform to the standards of this Section and Chapter whether or not a permit 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 followed and met:o;~~l-: (Ord. 679, 5-29-01) a. Each sign shall be securely built, constructed and erected on the building or ground. Temporary signs shall be so designed that they are not readily overturned. (Ord. 679, 5-29-01) 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. c. The illumination of any sign located near a residential district shall be defused or indirect and located so as not to direct light on residences.2 (Ord. 679, 5-29-01) d. No swinging sign shall hereafter be erected or hung on or attached to any building within the City "~~y, and every such sign so erected, hung or attached prior to the effective 1 See Title 1100 of this Code. Z See Section 1103.09 of this Code. Page 14 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. All illuminated suns shall have a shielded light source. The City does not permit sia that have light sotu•ces directly visible to pedestrians or to the operators of motor vehicles. ~A~~^~Ee~.ep~e-r•-I? erg}e~~er•}~-s~gx~er~-~,-Witted--;~-thi c t~ 1 11 >, ~ .M i 7 ~~~ ~nzrrr-vim ~~f~-g66d-eC~~k6d--)'epa~'~^lei-1z'~i~y-~'rb~r'rvec~iric~-=rii3e••, •,-~gei -vr ~ , 7 tlilTQeC~Oii~-tl~e-0i~~9~e~-0,~iiciiizrsrii~--SL-t 'b .,il~ «,6i~~dkZTi-~ieii~ivci *L.o !`:r ~~ **~~'' , ~ _~•1 g. No sign shall display matter that has been deemed obscene by a court of competent jurisdiction. (Ord. 679, 5-29-01) -~b~e~ete-S-r -x-Ce ~i -A *' * l d t n t ~ g - ps a~r~g~ ee~ ~ ~-- imber-a ver -~--~ ~ r ~-~~ b b . slime-cans-idereee-sib«rr-(O}d-6~~5 2-9--9 -1-) h. No sign shall have moving sections or intermittent, blinking or flashing li Ig Zts except for ~overlment suns and signs with dynamic displays as allowed in Subd. 1008.10(9) of this Chapter. i. Each sign shall be used and maintained only in the manner permitted and subject to the conditions imposed at the time the pern~it therefor was granted. (Ord. 679, 5-29-01) j. Clearance of Signs from Conductors: The minimum clearance of any sign from unprotected electrical conductors (whether poles or other installations) shall not be less than thirty six inches (36") for conductors carrying not over six hundred (600) volts and forty eight inches (48") for conductors carrying more than six hundred (600) volts. (Ord. 679, 5-29-01) k. Signs Along Freeways: Except as otherwise provided in this Chapter and subject to State and federal laws, signs located on property adjacent to any freeway within the municipality (including Interstate Highway 35W and US Highway 10) shall be business signs advertising businesses being conducted on the premises on which the signs are located. Nowlin-~" er chanPeable coUV ~'„~•,~' ~ -: • ` signs shall be located to so-as-to face any freeway or be visible from the freeway. The provisions of this subdivision and Chapter, however, shall not be construed to render illegal or nonconforming any signs that „-~-~h-i~ are legally located Page 15 along any such freeway at the effective date herein. (Ord. 644, 12-13-99; Ord. 679, 5-29- 01) Subd. 2. Signs Allowed by District: The following table represents the allowable signage and area requirements (in square feet) by zoning district: Sign Type RR=1 RR=2 RR=3 R-4 R-5 R-O B-1 BB=2 B-3 BB=4 II=1 CRP PUD Ground No No 32 32 32 200 200 200 200 100 Wall No No 64 64 No 32 100 100 100 100 100 100 Projection No No No No No 8 24 24 24 No Window No No No No No No Yes Yes Yes Yes No No Identification 2 2 2 2 2 2 4 4 8 8 8 4 Temporary Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Real Estate 10 10 32 32 10 32 32 32 32 32 64 32 32 Hotne Occu ation 1 1 No No 1 No No No No No No No No Campaign Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Billboards No No No No No No No X80 No X00 No No X00 No 700 No X00 No Directional No** No** 4 4 4 4 4 4 8 8 8 8 8 Construction 8 8 8 8 8 8 32 32 32 32 32 32 32 Incidental 1 1 1 1 1 1 1 1 1 1 1 1 I ~~ *Signage requirements within a PUD shall be as allowed by the PUD Narrative document. If no such document exists, signage shall be as permitted for a B-3 zoning district. ** Directional signs may be allowed within right of ways upon written approval of the City, the appropriate governmental agency having jurisdiction over the road way (if not the City) and the owner of the property directly abutting said sign. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) Subd. 3. Ground Sign Height, by District: The following table represents the maximum height allowed for ground signs in each zoning district. R-1 R-2 R-3 R-4 R-5 R-O B-1 B-2 B-3 B-4 I-1 CRP PUD t'~ ~'~ 8 8 8 8 20 20t3~ 35t3~ 35 35t3~ 35~~~ ~'~t3~ ~~~ No ground sign, other than home occupation, campaign, real estate, incidental and temporary signs shall be allowed in these districts. ~'~ Signage requirements within a PUD shall be as indicated by the PUD Narrative document If no such document exists, signage shall be as allowed for a B-3 zoning District. (Ord. 679, 5-29-01) t31 Maximum billboard sign height in some locations is 45 feet. Refer to Section 1008.10, subdivision 6 of this Code. (Ord. 769, 5-8-06). Page 16 1008.10 1008.10 (Rev. 1/08) 1008.10: SPECIFIC SIGN TYPE STANDARDS AND REQUIREMENTS: (Ord. 801, 01-07- 08) Subd. 1. Ground Signs: The following standards shall be maintained for all ground signs, excluding incidental, temporary, home occupation, campaign, identification and real estate signs: (Ord. 679, 5-29-01) a. No part of a ground sign shall be nearer than three feet (3') to any building unless such sign is placed parallel to the side of the building. (Ord. 679, 5-29-01) b. No part of a ground sign shall be nearer than 15 feet (15') to any perimeter lot line nor located within a thirty (30)-foot sight triangle on any property abutting two (2) intersecting street right of ways. (Refer to the graphic below.) (Ord. 679, 5-29-01) County Road X Right of Way 30~ _r I Sight Triangle* ~• I w I I~ •~1 I Sign is set back I 15 feet from both front and I side property lines I 1 I Property ,I Lines I T I Sign cannot be I n located within I ~ o sight triangle. I o `~ ~~ I ~o I ,< a I ~ `The sight triangle is formed by connecting the two end points of 30-foot lines extending in both directions from the intersection of two property lines abutting a street or highway. c. The owner, lessee or occupant of the land on which the ground sign is located and the owner of the sign shall keep the property on which the sign is located free of long grass, weeds or other rank growth, rubbish or debris. (Ord. 679, 5-29-01) d. All parts of ground signs shall be designed for wind pressure of not less than thirty (30) pounds per square foot, and ground signs of wood construction shall have all members that extend into the ground protected from decay by treatment with a preservative approved by the Building Inspector. (Ord. 679, 5-29-O1) Page 17 1008.10 1008.10 (Rev. 1/08) e. No permit shall be granted for the location of any ground sign having a sign area of more than forty (40) square feet within one hundred feet (100') of any single-family residence. (Ord. 679, 5-29-01) f. Notwithstanding the provisions of Subdivision 6 of this Section (1008.10, Subd. 6), no more than one (1) pole or pylon sign shall be allowed per lot. However, the ground sign area allowance may be divided between one (1) pole or pylon sign and a monument sign or between multiple monument signs, subject to the requirements herein, provided that one (1) or more of the following conditions are applicable: (Ord. 679, 5-29-01; Ord. 769, 5-8-06) (1) The lot abuts multiple street right-of--ways, in which case a sign may be located along each frontage. (Ord. 679, 5-29-01) (2) There are multiple curb cuts or driveways accessing the property, in which case a sign may be located near each access point or driveway, provided the signs are separated by no less than two hundred feet (200'). (Ord. 679, 5-29-01) (3) The width of the lot, as measured along its longest street frontage, exceeds two hundred and fifty feet (250'), in which case multiple signs may be located along the long frontage provided such signs are separated by no less than two hundred feet (200'). (Ord. 679, 5-29-01) (4) The property or properties are within an approved Planned Unit Development (PUD). (Ord. 679, 5-29-01) Subd. 2. Wall Signs: The following standards shall be maintained for all wall signs: (Ord. 679, 5-29-01) a. No wall sign shall have a projection over a private sidewalk or an established building line of more than twelve inches (12"). (Ord. 679, 5-29-01) b. The wall sign area allowances as indicated in Section 1008.08, subdivision 2 for B-2, B- 3, B-4 and I-1 zoning districts are per building occupant. (Ord. 679, 5-29-01) c. The wall sign area allowances as indicated in Section 1008.08, subdivision 2 for the R-3, R-4, PF and CRP zoning districts are per building. (Ord. 679, 5-29-01) d. In the R-0 and B-1 zoning districts, the area allowance, as indicated in Section 1008.08, subdivision 2, reflects the combined area for all wall, ground and projection signage on that lot. (Ord. 679, 5-29-01) Page 18 Subd. 3. Projection Signs: The following standards shall be maintained for all projection signs: (Ord. 679, 5-29-01) a. All portions of projection signs shall be designed for a wind pressure of not less than thirty (30) pounds per square foot. (Ord. 679, 5-29-01) b. Such signs shall not project over public street right-of--way but may project over private sidewalks. No such sign shall be less than twelve feet (12') above the level of the sidewalk; except that such signs which do not exceed four (4) square feet and which do not project more than two feet (2') over the sidewalk may be eight feet (8') or more above the sidewalk. No projection sign shall project more than eight feet (8') over any private sidewalk. (Ord. 679, 5-29-01) 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. (Ord. 679, 5-29-01) 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. (Ord. 679, 5-29-01) e. All such signs shall be of noncombustible materials or of not less than one (1) hour fire-resistive construction. (Ord. 679, 5-29-01) f. Such signs shall be securely fixed in place and shall not be able to swing or sway. (Ord. 679, 5-29-01) Subd. 4. Temporary Signs: All temporary signs shall comply with the provisions of this Section and with this Chapter. The following general and specific standards shall be observed for all types of temporary and portable signs: (Ord. 679, 5-29-01) a. General Provisions: (1) Except as provided herein, no temporary sign shall be located on any property in the City without first obtaining a permit from the City. If the City determines to approve a permit for any such temporary sign it may impose conditions upon the granting thereof, and it shall be unlawful to locate or maintain any such sign for a longer period or in a different manner than that specified in the permit. No permit for a temporary sign shall be issued if prohibited by other provisions of this Code. (Ord. 679, 5-29-01) (2) Temporary signs shall not be hung or installed sF~ to cover, either partially or completely, any door, window or opening required for ventilation. (Ord. 679, 5-29-01) (3) No temporary sign for which a permit is required shall be located on any property in the City for more than twenty one (21) days at one time or for more than three (3) twenty one (21) day periods in any calendar year. Permit periods may run consecutively without interruption if so approved. Except as provided in subdivision 4g of this Section, only one (1) temporary sign shall be allowed on a property at a time. (Ord. 679, 5-29-01) Page 19 (4) The City~rohibits temporary suns with blinking tlashin~ or tluttering lights or with dynamic displays. b. Banners: (1) Banners shall be strongly constructed and shall be securely attached to their supports. They shall be repaired or removed (including all framework and supports) as soon as damaged or torn and immediately upon expiration of the permit. (Ord. 679, 5-29-01) (2) Banners shall not exceed twenty percent (20%) of the surface area of the building face or front upon which the banner is attached. (Ord. 679, 5-29-01) c. Beacons: (1) Beacons and searchlights may be allowed on a restricted basis with a City permit, written permission from the Metropolitan Airports Commission or other appropriate agency, and City Council authorization. (Ord. 679, 5-29-01) (2) No beacon or searchlight shall become a public nuisance or shall disturb the peace, safety, comfort and well-being of motorists and residents. (Ord. 679, 5-29-O1) d. Changeable Copy Signs: (1) Portable and temporary changeable copy signs shall not exceed forty eight (48) square feet on each side and the entirety of the sign copy shall be maintained within the forty eight (48) square foot area. (Ord. 679, 5-29-01) (2) No part of such sign shall extend into or encroach onto public right-of--way. (Ord. 679, 5-29-0 l ) (3) Such sign shall not obscure motorist or pedestrian vision and shall not block or otherwise interfere with a public or private sidewalk or trailway. (Ord. 679, 5-29-01) (4) Such sign may be lighted provided said lighting is not a nuisance to motorists or to adjoining properties. Flashing lights, strobe lights or lights which could be confused for that of an emergency vehicle shall be prohibited. (Ord. 679, 5-29-0 l ) e. Inflatable Si ms ~e~es: (1) Inflatable Signs and devices shall be securely tethered and attached to the ground. ot-htti-if1(Ord. 679, 5-29-01) (2) The Citesprohibits the installation or placement of inflatable suns and devices or balloons on building roofs. ~~~ t.r„ ~ „t.:„+i.,+„t,to ao,,:,.o .,>,„tt ,,.,+o.,a . o +t,,,~ +>,:..+< +~„+ i~n~~ „>,~„o +t,o ,. ,.+ `L.J 1\V JYA~1111111U1(.1V1V UI~Yl{JV Jl • • , Page 20 (3) Balloons less than two (2) feet in diameter are excluded from the permit provisions of this Section. (Ord. 679, 5-29-01) (4) No Mylar or metallic balloons shall be permitted to be displayed or flown outside. (Ord. 679, 5-29-01) f. Flag or Pennant Stringers: Individual flags, streamers or pennants shall not exceed one (1) square foot in area. (Ord. 679, 5-29-01) g. Grand Openings and Other Events: Subject to all other requirements of this subdivision and Chapter, a permit may be issued for a grand opening or other special event that would utilize a combination of temporary signs at any one (1) principal location. No more than one (1) special event permit shall be allowed per business in a calendar year. (Ord. 679, 5- 29-01) Subd. 5. Window Signs: In the interest of public safety, the City requires that commercial or retail businesses operating in the B-1, B-2, B-3 or B-4 zoning districts meet ~it1~;~-z~~~o~~e~l btE:~ir}e~;-t{}~;~-(~ s- }-~,~all%a +~~~~-pl~i the following regulations and requirements governing signs placed upon window interiors. (Ord. 679, 5-29-01) a. No business shall obscure more than twenty five percent (25%) of any window section or pane. (Ord. 679, 5-29-0 l ) b. Such window signage shall not obscure or block from view that area of a window or door between four feet (4') and seven feet (7') from the interior floor level, unless such area does not offer any visibility to interior public space. (Ord. 679, 5-29-01) c. Window signs as allowed herein affixed or adhered within the building interior shall be exempt from any permit requirements. (Ord. 679, 5-29-01) d. A temporary sign permit shall be required of any window sign affixed to the exterior of any window surface. Such sign shall otherwise comply with the requirements of this subdivision and Chapter. (Ord. 679, 5-29-01) Subd. 6. Billboards: Anew or renewed interim use permit shall not be issued for any new or currently existing billboard within the City. (Ord. 644, 12-13-99; Ord. 656, 3-27-00; Ord. 679, 5-29-01; Ord 801, 1-7-08) a. Interim Use Permit: Any IUP issued for an interim use billboard shall automatically expire no later than July 1, 2037 or earlier if so indicated in the resolution approving the IUP. (Ord. 644, 12-13-99; Ord. 656, 3-27-00; Ord. 679, 5-29-01; Ord. 708, 12-30-02; Ord. 769, 5-8-06; Ord 801, 1-7-08) ~~v~ti$n~l~eviiiL••••,,wcnc'~c~ircrst~7c-ivEz'~te~l .,1.,,,.T T T C' Ll:bl-,.,,.,.. 7/1~ ~ Trfo,-~4.,4a '2S~xI lllrl Page 21 „* to„~* *..,,, t,,,.,a..oa ~;~i„ ~ ~, i~cn~~ +:.,..,, , ~:ao„~:,,tt., ~ oa „ o..~, u'ttt, ,, .a >, ul 1v..uJl IYVV 11U13U1~: 11 llll b ~ > > > > f C~~'p~E~Z "'aE7Tib~cTV'v'°c°cr'~oriiooac cs-iii'"[c~o°c-Rt-i-czc~~rr~"vc > > 0 ' b ~~e~`~o-b-illbe-a~t~ds--ee~}e~ide-e#~e-same a ~n .a tin n ~ , ~ t ~ b. ~ Maximum Sign Area: The maximum gross surface display area of the sign cannot exceed seven hundred (700) square feet per side except that any rectangular billboard may contain temporary extensions, cutouts, or top lettering which occupy a total area not in excess of twenty five percent (25%) of the area of the basic billboard and form an integral part of the design thereof. No such temporary extension, cut out, or top lettering may project more than six feet (6') from the top, eighteen inches (18") from either side or fifteen inches (15") from the bottom of the basic rectangular advertising message. The area of an extension, cutout, or top lettering shall be deemed to be the area of the smallest rectangle into which such extension, cutout, or top lettering will fit. (Ord. 644, 12-13-99; Ord. 679, 5-29-01) c. e: Orientation of Sign Faces: Billboards may have no more than two (2) sign faces. Sign faces must be back-to-back with sign faces parallel or angled. All billboards with their faces back-to-back and parallel shall have no greater distance than eight feet (8') between the faces. All billboards with faces at an angle shall have no greater angle than thirty-five degrees (35°). (Ord. 644, 12-13-99; Ord. 679, 5-29-01) d. ~ Maximum Sign Height: The maximum allowable height of billboards shall be forty- five feet (45'), except for billboards located on County Road 10 or on Interstate 35W between County Road H2 and County Road I, in which cases the height shall be limited to thirty-five feet (35'). The height shall be measured from the grade at the base of the sign or from the surface of the roadway whichever is higher. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) e. ~ Obstruction: No billboard may be located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic. (Ord. 644, 12-13-99; Ord. 679, 5-29-01) ' b ' -be-~c~c-a~e~r~~., enema ~t,.,it >,v t:.,.,;~ed-te--t}i-r}e-{~3~n,, t,:t £ Dynamic Displays: All billboards with dynamic displays shall meet all the requirements of Section 1008.10, Subd. 9 of this Chapter. Page 22 C-e~te-il~r~,.a tin n ~ i ~ ~ ~ ~~; n..a ~~~ cZZ-4-~r;~~--~°~) Subd. 7. Campaign Signs: Subject to Minnesota Statutes, the following regulations shall apply to all campaign signs for political candidates or issues: (Ord. 679, 5-29-01) a. No more than one (1) sign shall be erected per candidate or issue along each street frontage of any parcel of land. Campaign signs shall not be allowed on public property. (Ord. 679, 5-29-01) b. Campaign signs shall not exceed twelve (12) square feet and not exceed four feet (4') in height above the ground; except, where such signs are located no closer than one hundred fifty feet (150') to the property line of a residential dwelling, the maximum size shall be thirty two (32) square feet, and the maximum height above the ground shall be six feet (6'). (Ord. 679, 5-29-01) c. Campaign signs may be displayed from the last day of candidacy filing or thirty (30) days before an election, whichever is earlier. (Ord. 679, 5-29-01) 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) (Ord. 679, 5-29-01) Subd. 8. Home Occupation Signs: In the R-1, R-2 and R-5 residential zoning districts, a sign not to exceed one (1) square foot is allowed to be displayed provided such sign is attached to the house or garage of the property on which the home occupation takes place. (Ord. 679, 5-29-01) Subd. 9. Dynamic Display Si.~YS: a. Findings. Studies, such as "Dynamic Si~naae: Research Related to Driver Dish•action and Ordinance Recommendations" prepared by SRF Consulting Group, Inc., dated June 7, 2007 for the City of Minnetonka, Minnesota, have shown there is a correlation between dynamic displays on signs and distraction of motor vehicle drivers. As such, the City of Mounds View adopts these standards and regulations to protect the health, safety, welfare, image and aesthetics of the City, b. The City allows noncommercial dynamic display suns wherever the City allows commercial dynamic display signs. Such signs are subject to the same standards and total maximum allowances per site or building of each sign type specified in this Chapter. c. Standards for all dynamic display sib, Page 23 (1) The images and messages displayed on the sign must be static, complete in themselves, without continuation in content to any other sign. The messages, content and images on all such displays shall not flash or blink and shall not include any video images or content. ~2) No person or contractor shall install a dynamic display sign that because of its position, shape, movement or color, interferes with the proper functioniu~ of a traffic sign, signal or that constitutes a traffic hazard. (3) All dynamic displa~gns shall have ambient light IllOlllt0l'S and shall, at all times, allow such monitors to automatically adjust the brightness level of the sign based on light conditions. (4) The manufacturers, owners and operators of dynamic displa~gns must design and equip such signs with a fully functional monitoring off switch system that automatically shuts the sign off or will freeze the device or sign in one position if a malfwiction occurs. The signs and displays also must be equipped with a means to shut off or discontinue the display if it malfiuzctions. The sign owner or operator must stop or shut off the d n display within one hour or as soon as reasonablypossible of the City notification that the si>;n is not meeting the standards of this section or Chapter. (5) All dynamic display signs shall meet the following brightness standards: a No sign shall be brighter than is necessal.y for clear and adequate visibility No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with avera~~e eyesi ht nor shall such a si~~n interfere with the driver's operation of a motor vehicle in any way or manner. ~ No si 1~y be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. The person owning or controlling a sign with a dynamic display shall adjust the sign to meet the brightness standards accordin~to the city's instructions. The sign owner or operator shall adjust the sign within one (1) hour or as soon as reasonablypossible upon notice ofnon-compliance from the cites ~ All dynamic display signs installed after December 31, 2008, shall be equipped and operated with an ambient light monitor or a mechanism that automaticall~iusts the bri;~hhiess level of the sign in response to li ht conditions. These suns also shall be equipped with a means to turn off immediately the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one hour or as soon as reasonably possible after the City notifies the owner or operator that the sign it is not meeting the standards of this section or Chapter. Pale 24 In addition to the brightness standards required above, dynamic displa signs shall meet the city's lightin~quirements as listed in Section 1103.09 (Glare) of the City Code. d. The City allows dynamic displa signs on on-site freestanding or ground signs subject to Chapter 1008.10 Subd. 1 (Ground Siam) of the city code, the above-mentioned standards for all dynamic displa~si~;ns, and subject to the following additional conditions: The owners or operators of such suns shall not use messages, content or images that flash or blink. The images or mesa<=es on such suns shall not include any video images or content. Such signs may be located only in the Limited Business B-2~, Highway Business (B-3), Regional Business B-4) or Commercial Planned Unit Developments ~PUD's) zonin~~ districts. Such signs may be located on the sites of schools, churches, places of worship or other institutional land uses, subject to the following additional conditions: ~ City Council approval of a conditional use permit (CUP) as outlined in Section 1106.04 and Section 1125.01, Subd. 3. of the City Code. Such signs shall not cause <~lare, disturbance or other problems to any residential properties or land uses. The owner or operator of a d~iamic display sign shall control and display the primary or background ima~Tes and messages on the sign so they maintain each display for a minimum of 10 seconds. The City allows images, messages or content on such suns that are static, with secondary or accessory animation or movement that floats in, out, or across the primary message or those that have soft transitions. The City allows dynamic displays as part of a permanent freestanding oi•_ r sign, only if the dynamic display part of the si ig i comprises no more than 50 square feet of the sign area or 50 percent of the total square footage of said sign face, whichever is less. Such si ng s may only display and advertise information about products, events, persons, institutions, activities, businesses, services, or subjects that are located on the premises or on the site or onlyprovide public service or community service information. Such signs must meet all other city location and setback requirements. Page 25 e. The City allows off-site dynamic displav signs subject to Section 1008.10, Subd. 6 (Billboards) of the city's code, the above-mentioned standards for all dynamic display suns, and the following operational standards and additional conditions: (1) The images and messages displayed on the billboard must be static and each displa must be maintained for a minimum of 15 seconds. The transition from one static display to another must be instantaneous and without aii~pecial effects or videos. (2) The owner of the billboard shall apply to the City for and the City shall issue a permit to retrofit u~ to 100 percent of one sign face of an existing billboard structure with a dynamic displav if the responsible person, applicant or contractor meets all the followin<~ requirements: a. The applicant or contractor may only convert one sign face on a billboard structure per request. b. The applicant or sign owner agrees in writing to the permanent removal of two billboard sign surfaces or faces in Mounds View within 30 days after the City issues the permit for each dynamic display surface. The required removals shall include the complete removal of the billboard structure and foundation supporting each removed sign surface or sign face. The applicant must agree that the city may remove the sign structure and surfaces if the applicant does not do so, and the permit application must identify the sib surfaces to be removed and the applicant shall submit to the City a cash deposit, letter of credit or other form of financial sectuity acceptable to the city attorney sufficient to pay the city's costs for that removal. The applicant also must agree that they are removinP the sign surfaces voluntarily that the app__licant or owner has no ritiht to compensation from andgovernmental unit for the removed sign surfaces under any law and that the applicant or owner has no right to rebuild or relocate the billboard elsewhere in Mounds View. placement of an existing sign surface of a billboard with a d n display sign does not constitute a removal of a si<gn surface. c. If the removed sign surface is one that the state required a state permit, the applicant must surrender its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic displa sign permit cannot be turned on or begin to operate until the sign owner or operator provides proof to the City that the state permit has been sun•endered. d. The billboard removal must be complete and inspected by the City before the owner or operator turns on or puts into operation the dynamic displa~~ e. Public Safety. If cit~staffdetermines that a dynamic displa sign is not being operated pursuant to this Chapter due to its location or display capabilities, city staff can require the sign owner or operator to move, remove or modify the sign after the city notifies the property owner or operator about the operational issues. Pale 26 Mounds View intends the provisions of this Chapter and Sections about billboards to provide an incentive option for the voluntary and uncompensated removal of off-site sip=ns or billboards. The City bases these provisions on the recognition that the incentive creates an o~~ortunity to consolidate outdoor advertising signs and services that would otherwise remain iii Mounds View. 1008.11 MISCELLANEOUS SIGNAGE REQUIREMENTS AND PROVISIONS Subd. 1. Signage Allowances for Specific Land Uses: Public or semi public recreational buildings and neighborhood and community centers; public and private education institutions limited to elementary, middle acid senior high schools; religious institutions, such as churches, chapels, temples, synagogues; nursing homes, senior assisted living facilities and commercial day care facilities; inay be allowed the following Signage: (Ord. 679, 5-29-01) a. Wall signage not to exceed 100 square feet per principal building. (Ord. 679, 5-29-01) b. Ground signage not to exceed 100 square feet, subject to Section 1008.10, subdivision 1 e. (Ord. 679, 5-29-0 l ) Subd. 2. Traffic-Control Related Sign Regulations: Compliance with the following regulations relative to traffic control is required: (Ord. 679, 5-29-01) a. No animated or moving sign shall be located or maintained within fifty feet (50') of an intersection at which traffic semaphores are located. (Ord. 679, 5-29-01) b. No sign shall be designed, located or maintained sf~~-tt>~;-; 4~~~- to obscure or conceal or cause confusion as to any traffic-control sign or device. (Ord. 679, 5-29-01) c. No sign shall be located or maintained on or over any public street or highway right-of- way unless specifically permitted herein. (Ord. 679, 5-29-01) d. There shall be no use of revolving beacons, zip flashers, flashing signs or similar devices that would distract automobile or motor vehicle traffic ~~ to constitute a safety hazard. (Ord. 679, 5-29-01) 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) (Ord. 679, 5-29-01) Subd. 3. (Reserved) Subd. 4. Area Identification Signs: The City Council at its discretion may allow for the placement of an Area Identification Sign to define a neighborhood, community, development, subdivision or multi-family complex and may require that: (Ord. 679, 5-29-01) ~ See also Section 60.03 Subd. 3 of this Code regarding public nuisances affecting peace and safety. Page 27 a. The applicant is a duly noted representative of the appropriate group or organization. (Ord. 679, 5-29-01) b. The land upon which the sign is located has been dedicated for such a use by easement, plat or other legal and recordable instrument unless such sign would otherwise be permitted herein. (Ord. 679, 5-29-01) c. A maintenance agreement be recorded which among other things would provide for the long term responsibility, care and maintenance of such sign. (Ord. 679, 5-29-01) Subd. 5. Off-Site Directional Signs: Off-Site Directional signs may be permitted within a public right-of--way subject to approval of the City, written approval of the appropriate governmental agency having jurisdiction over the roadway (if not the City) and the written approval of the owner of the property to which the sign may be adjacent, if applicable. (Ord. 679, 5-29-01) 1008.12: PROHIBITED SIGNS: The following signs and sign types are prohibited in the City of Mounds View: (Ord. 679, 5-29-01) Subd. 1. Flashing signs. , ~~ a°~~°a''°~•°~". (Ord. 679, 5-29-01) Subd. 2. Signs, or lights attached to signs, which mimic or have an appearance similar to those on an emergency vehicle or a traffic control light. (Ord. 679, 5-29-01) Subd. 3. Roof signs, unless integrally incorporated into the roof design, then such sign shall be considered a wall sign. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) Subd. 4. Temporary or permanent signs posted within public right-of--ways, excluding directional signs and signs expressly allowed herein and by other governmental agencies. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) Subd. 5. Vehicles Used as Signs: Vehicles or trailers that display advertising and are parked in such a way as to attract public attention shall be prohibited, except for signs on vehicles or trailers which are magnetic, decals or permanently painted upon the surface of the vehicle without obscuring any vehicle window area. Such sign shall not alter the profile or silhouette of the vehicle. (Ord. 679, 5-29-O1) Subd. 6. Nuisance Signs: Any sign considered a nuisance as defined herein shall be prohibited. The property owner of the land upon which the sign is located or the owner of the sign shall act to remove the sign or bring the sign into compliance upon notification of the City Inspector. (Ord. 679, 5-29-01) Subd. 7. SiPns that have blinking, Ilashing or Cluttering lights. ri.,,,,,..,:,. ,a;~~i.,.. ~ ~a t.;iit..,.,,,.a~ Subd. 8. Billboards, except as otherwise provided in this Chapter or Code. Page 28 1008.13 NONCONFORMING SIGNS: It is the intent of the City with this Chapter that nonconforming suns shall not be enlar~~ed or expanded, nor should a person use this Chapter as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of the City with this Chapter to pemlit legal nonconforning signs to remain if such si ns are safe, maintained in good condition and if such signs have not been abandoned, moved or removed. Any sign, including a billboard, legally existing at the time of the passage of this ordinance that does not conform to the provisions of this ordinance shall be considered a legal nonconforming sign and may be continued including through repair, replacement, restoration, maintenance, or improvement but not including the moving, enlargement or expansion of the sirn. "Expansion" shall be defined as any structural alteration, change or addition that is made outside of the original sign structure or design. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) Subd. 1. Nothing in this ordinance shall prevent the return or re air of a sign structure that has been declared unsafe by the Building Official to a safe condition. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) Subd. 2. When any lawful nonconforming sign is discontinued for ~~ more than one (1) year, or is changed to a conforming sign, any future sign or sign structure shall meet be ~ "•,+~~~-",~*~~ ~~~~+', the provisions of this Chapter. (~,tii~~tnc~~ (Ord. 679, 5-29-01; Ord. 769, 5-8-06) Subd. 3. Any legal, nonconforming sign shall be removed and shall not be repaired, replaced, restored, or rebuilt if it is damaged by fire or other similar peril to the extent of greater than fifty percent (50%) of its market value at the time of destruction and no sign permit or building permit (if applicable) has been applied for within one hundred eighty (180) days of the date of destruction. The City's Building Official shall be responsible for making the determination whether a nonconforming sign has been destroyed greater than fifty percent (50%) of its market value at the time of destruction. In making this determination, the Building Official shall consider the market value of the entire sign at the time prior to the destruction and the replacement value of the existing sign. In the event a building permit is applied for within one hundred eighty (180) days of the date of the damage or destruction and the sign did not withstand damage greater than fifty percent (50%) of its market value at the time of destruction, the City may impose reasonable conditions upon the building pern7it in order to mitigate any newly created impact on adjacent properties. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) Subd. 4. A lawful nonconforming sign shall not be changed to a similar nonconforming sign or to a more restrictive nonconforming sign. (Ord. 769, 5-8-06) Subd. 5 Sign Regulation Conformance. Should a sign owner, operator or contractor permanently move a nonconforming sign or a nonconforming sign structure for any reason for any distance, it shall thereafter conform to the regulations of this Chapter and with the zoning district standards that it is in after the ov~mer or conhactor moves it. Page 29 1008.14: 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 that imposes the more restrictive condition, standard or requirement shall prevail. (1988 Code §39.14) (Ord. 679, 5-29-01) 1008.15: VIOLATION OF PROVISIONS: Any person found violating any of the provisions of this Chapter shall be guilty of a misdemeanor. (1988 Code §39.15)(Ord. 679, 5-29-01) 1008.16: SIGN VARIANCES: (Ord. 644, 12-13-99; Ord. 679, 5-29-O1) Subd. 1. A variance to the provisions of Chapter ~ectic>i~ 1008 may be considered by the Board of Adjustment and Appeals to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner. Applications shall be submitted and reviewed in the same manner as indicated in Chapter 1125 of the Mounds View Zoning Code. (Ord. 644, 12-13-99; Ord. 679, 5-29-01) Subd. 2. Variance Requests; Fees: All requests shall be made in writing on the form provided by the City and the request shall include the fee specified in the City's Fee Charges. All information required when applying for a sign permit, as outlined in Section 1008.03, shall be required before the request for a variance is considered. (Ord. 585, 7-15-96) SECTION 2. This ordinance shall take effect and be in force 30 days from and after the city passes it and after the City publishes it in the official newspaper, in accordance with Section 3.09 of the City Charter. INTRODUCTION AND FIRST READING by the Mounds View City Council on November 24, 2008. SECOND READING AND ADOPTION by the Mounds View City Council on January 12, 2009. PUBLICATION DATE: January 22, 2009 ATTEST: (scan e Flaherty, Mayo James Ericson, Clerk -Administrator Page 30