HomeMy WebLinkAbout2015-07-01 Memorandum for 07-09 PC Meeting TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCQPIanningCo.00m
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: July 1, 2015
RE: Oak Park Heights — Sign Revisions
TPC FILE: 236.12
At their June 11, 2015 meeting the Planning Commission discussed the work program
and issues related to the sign regulations. It was agreed that the sign ordinance should
be revised so that it is simplified and a more user friendly document. Please find
attached a draft of the revisions that have been completed so far. Some sections have
not been revised at this time pending additional discussion by the Planning
Commission. The language in bold represents new language and the language to be
removed is struck.
Comments from Chair Kremer and Commissioner Nelson are attached. These should
be discussed by the Planning Commission.
Please find a summary of the revisions that have been made so far:
401.15.G.1 (Page 1)
Changes to the findings have been made following the suggestions by Chair Kremer.
401.15.G.4 (Page 3)
No changes have been made to the definitions section at this point. City Attorney Mark
Vierling has indicated that definitions of terms in the sign ordinance cannot be
completely eliminated. We can, however, eliminate some of the defined terms if the
dictionary definition is adequate for the purposes of the sign ordinance. We will revisit
the definitions at the end of the process.
401.15.G.5 (Pages 9-10)
Changes have been made to the general provisions following the suggestions of Chair
Kremer. The suggestions related to sign lighting should be discussed further with the
Planning Commission.
401.15.G.6 (Pages 11-12)
Many of the provisions, especially related to subdivision and building lease signage
needed to be eliminated or consolidated. It was far too detailed for what is needed in
Oak Park Heights.
401.15.G.8 (Pages 15-17)
After discussions with Julie Hultman, who does sign enforcement for the City, the
provisions related to number of special events per year was eliminated. The number of
days per year was kept.
The descriptions of the types of permitted signs and displays were simplified.
401.15.G.9 (Pages 19-27)
1. The changeable copy section was removed from each of the District
standards and moved to one place in the ordinance: 401.15.G.11 on
Pages 30-31.
2. Starting in the business and industrial standards on Page
22, the provisions were revised to allow for the amount of signage
based upon building size. This is the most significant change to the
ordinance and should simplify it considerably. I am in the process of
pulling out sign plans for businesses that have been approved to
determine how these standards would apply.
3. The Planning Commission should discuss whether the multi-tenant
building standards and Destination Retail Highway, and other special
district standards should be incorporated here or in a separate section as
it is currently.
401.15.G.10 (Pages 27-30)
No changes have been made to the Special District Provisions. I would like to discuss
these standards with the Planning Commission further.
Conclusion
The Planning Commission should review the comments from Chair Kremer and
Commissioner Nelson, and first talk about the overall format and content of the
ordinance. Then we should discuss the more specific sections and changes that have
been put forward.
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Draft—July 1, 2015
12'17 401.15.G. Signs.
401.15.G.1. FINDINGS, PURPOSE AND EFFECT:
a. Findings: The City finds:
2e • • - --, - - - - - - - - •, -- = - -
we
1) Oak Park Heights is located on the Minnesota and Wisconsin
border with the St Croix River separating the two states. Upon
completion of the St Croix Crossing in the fall of 2016, Highway
36 will provide an increasingly important connection between the
Twin Cities metropolitan area and western Wisconsin. The
result will be growth in the Oak Park Heights business
community and a continuing need for signage and advertising
devises.
2) The City Code has included the regulation of signs in an effort to
provide adequate means of expression and to promote the economic
viability of the business community, while protecting the City and its
citizens from a proliferation of signs of a type, size, location and
character that would adversely impact the aesthetics of the
community and threaten the health, safety and welfare of the
community. The regulation of physical characteristics of signs within
the City has had a positive impact on traffic safety and the overall
appearance of the community.
b. Purpose and intent: It is not the purpose or intent of this sign ordinance
to regulate the message displayed on any sign; nor is it the purpose or
intent of this ordinance to regulate any building design or any display not
defined as a sign, or any sign which cannot be viewed from outside a
building. The purpose and intent of this ordinance is to:
1) Regulate the number, location, size, type, illumination and other
physical characteristics of signs within the City in order to promote
the public health, safety and welfare.
1
2) Maintain, enhance and improve the aesthetic environment of the
City by preventing visual clutter that is harmful to the appearance of
the community.
3) Improve the visual appearance of the City while providing for
effective means of communication, consistent with constitutional
guarantees and the City's goals of public safety and aesthetics.
4) Provide for fair and consistent enforcement of the sign regulations
set for herein under the zoning authority of the City.
c. Effect: A sign may be erected, mounted, displayed or maintained in the
City if it is in conformance with the provisions of this Ordinance. The effect
of this Ordinance, as more specifically set forth herein, is to:
1) Allow a wide variety of sign types in commercial zones, and a more
limited variety of signs in other zones, subject to the standards set
forth in this sign ordinance.
2) Allow certain small, unobtrusive signs incidental to the principal use
of a site in all zones when in compliance with the requirements of
this sign ordinance.
3) Prohibit signs whose location, size, type, illumination or other
physical characteristics negatively affect the environment and
where the communication can be accomplished by means having a
lesser impact on the environment and the public health, safety and
welfare.
4) Provide for the administration and enforcement of the provisions of
this sign ordinance.
401.15.G.2. SUBSTITUTION CLAUSE: The owner of any sign which is otherwise
allowed by this sign ordinance may substitute non-commercial copy in lieu of any
other commercial or non-commercial copy. This substitution of copy may be made
without any additional approval or permitting. The purpose of this provision is to
prevent any inadvertent favoring of commercial speech over non-commercial
speech, or favoring of any particular non-commercial message over any other non-
commercial message. This provision prevails over any more specific provision to
the contrary.
401.15.G.3 CONFLICT WITH ZONING ORDINANCE. If there is a conflict that occurs
between this Section and other provisions of this Ordinance, as amended, the
conditions as set forth in this Section, as amended, shall prevail.
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33401.15.G.4. DEFINITIONS.
Note: The sign definitions are included in Section 401.02B. This section
could be eliminated.
Sign Related:
1. Air Inflatable Devices: A balloon that exceeds two (2) feet in diameter.
2. Alteration: Any change to a sign excluding routine maintenance, repair,
painting or change of copy of any existing sign.
3. Animated Sign: Any sign that uses movement or change of lighting to depict
action or create a specific effect or scene, including devices with or without a
commercial message, such as spinners and windsocks, but not including
barber poles and time and temperature signs.
4. Artificial Light: Illumination resulting from internal or external artificial light
sources, including glare and reflected light byproducts of artificial light
sources.
5. Awning: A temporary hood or cover which projects from the wall of a
building, and of a type which can be retracted, folded, or collapsed against
the face of a support building.
6. Balloon: A flexible, inflated bag in various shapes and colors.
7. Banner: Attention getting devices which resemble flags and are of a paper,
cloth or plastic-like consistency.
8. Bannerette: Flexible material that resembles a flag, and has minimum
dimensions of two(2)feet by two(2)feet and no larger than three(3)feet by
five (5)feet. A smaller sized bannerette is defined as a pennant.
9. 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.
10. Bench Signs: A sign which is affixed to a bench such as at a bus stop.
11. Building Facade: That portion of any exterior elevation of a building
extending from grade to the top of the parapet wall or eaves and the entire
width of the building elevation.
12. Cabinet Sign: A sign that has framing around the entire sign message with
a removable face.
3
13. Canopy Sign: The area of copy, graphic, or identification which is affixed to a
projection or extension of a building or structure, including a marquee,
erected in such a manner as to provide a shelter or cover over the approach
to any entrance of a store, building, or place of assembly.
33 14. Changeable Copy Sign, Electronic and Manual: A sign or portion thereof
that displays electronic, non-pictorial text information in which each
alphanumeric character, graphic or symbol is defined by a small number of
matrix elements using different combinations of light emitting diodes(LEDs),
fiber optics, light bulbs or other illumination devices within the display area.
Electronic changeable copy signs include computer programmable,
microprocessor controlled electronic displays. Electronic changeable copy
signs include projected images or messages with these characteristics onto
buildings or objects. Electronic changeable copy signs do not include official
signs.
Manual signs include those with characters, letters or illustrations that can be
changed or rearranged manually without altering the face or the surface of
the sign.
15. Commercial Speech: Speech advertising a business, profession,
commodity, service or entertainment.
16. Copy: The wording on a sign surface either permanent or removable letter
form.
33 17. 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 or any
other component of the sign. This includes displays that incorporate
technology or methods allowing the sign face to change the image without
having to physically or mechanically replace the sign face or its components
as well as any rotating, revolving, moving, flashing, blinking or animated
display 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.
33 18. Electronic Graphic Display Sign: A sign or portion thereof that displays
electronic, static images, static graphics or static pictures,with or without text
information, defined by a small number of matrix elements using different
combinations of light emitting diodes(LEDs), fiber optics, light bulbs or other
illumination devices within the display area where the message change
sequence is accomplished immediately or by means of fade, re-pixelization
or dissolve modes.
4
Electronic graphic display signs include computer programmable,
microprocessor controlled electronic or digital displays. Electronic graphic
display signs include projected images or messages with these
characteristics onto building or other objects.
19. Flag: A piece of cloth or bunting varying in color and design, used as a
symbol, standard, emblem, or insignia.
20. Flashing Sign: An illuminated sign upon which the artificial light is not kept
constant in terms of intensity or color when the sign is illuminated.
21. Freestanding Sign: A self-supported sign not affixed to another structure.
22. Ground/Low Profile Sign: A sign that is intended to be incorporated into
some form of landscaping design scheme or planter box, is not elevated from
the ground by means of a pole or free-standing support structure, but is
placed directly on the ground or on an interior planter base which is
incorporated into such a design arrangement.
23. Illuminated Sign: A sign illuminated by an artificial light source either directed
upon it or illuminated from an interior source.
24. Integral Sign: A sign carved into stone, concrete or similar material or made
of bronze, aluminum, or other permanent type of construction and made an
integral part of the structure.
25. Marquee: See canopy.
26. Maximum Height of Sign: The vertical distance from the base of the sign,or
the grade of the road centerline, whichever is higher, to the top of the sign.
27. Monument Sign: A freestanding sign that is intended to be incorporated into
some form of landscaping design scheme or planter box, is attached to the
ground by means of a freestanding support structure, is solid from grade to
the top of the structure, has materials that are constructed of the same
primary building materials of the principal structure, is placed directly on the
ground or on an interior planter base which is incorporated into a design
arrangement. A monument sign shall be considered as one sign though it
may have two (2) faces.
28. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives
illusion of motion.
29. Multi-Faced Sign: Any sign with a sign face oriented to more than two (2)
directions.
5
33 30. Multivision Sian: Any sign composed in whole or part of a series of
vertical or horizontal slats or cylinders that are capable of being rotated at
intervals so that partial rotation of the group of slats or cylinders produces a
different image and when properly functioning allows on a single sign
structure the display at any given time one of two (2) or more images.
31. Neon Sign: Any sign that utilizes a brightly colored gas discharge lamp
without filaments that is bent into letters or designs.
32. Non-Commercial Speech: Dissemination of messages not classified as
Commercial Speech which include, but are not limited to, messages
concerning political, religious, social, ideological, public service and
informational topics.
33. Off-Premises Sign: A commercial speech sign which directs the attention of
the public to a business, activity conducted, or product sold or offered at a
location not on the same lot where such sign is located. For purposes of this
sign ordinance, easements and other appurtenances shall be considered to
be outside such lot and any sign located or proposed to be located in an
easement or other appurtenance shall be considered an off-premises sign.
33 34. Official Sign: Signs of a public noncommercial nature including public
notification signs, safety signs,traffic signs, direction to public facilities when
erected by or on behalf of a public official or employee in the performance of
official duty.
35. On-Premises Messages: Identify or advertise an establishment, person,
activity, goods, products or services located on the premises where the sign
was installed.
36. Opaque: A degree of obscuration of light.
37. Parapet: A low protective wall which is located along the edge of a roof on a
building.
38. Pennants: Flexible material, whether or not containing a message of any
kind, suspended from a rope,wire, or string, usually triangular shaped and in
a series, designated to move in the wind.
39. Portable Sign: Any sign which is manifestly designed to be transported,
including by trailer on its own wheels, even though the wheels of such sign
may be removed and the remaining chassis or support is converted to
another sign or attached temporarily or permanently to the ground since this
characteristic is based on the design of such a sign.
6
40. Principal Building: A building or buildings in which is conducted the principal
use of the lot, not including storage buildings, garages, and buildings for
other clearly accessory uses.
41. Principal Frontage: The wall of the principal building on a lot which fronts
toward the principal public streets.
42. Projecting Sign: A sign, other than a wall sign, which is affixed to a building
and which extends perpendicular from the building wall.
43. Public Entrance: Any passage or opening which affords entry and access to
the general public or customer.
44. Public Entrance, Common: A public entrance providing access for the
utilization and benefit of two (2) or more tenants or building occupants.
45. Pylon Sign: A freestanding sign erected on one (1) or more freestanding
shafts, posts, or piers which are solidly affixed to the ground and not
attached to a building. A pylon sign shall be considered as one (1) sign
though it may have two (2) faces.
46. Ribbons or Streamers: Long or varied lengths of flexible material used to
decorate.
47. Roof Line: The top of the cornice or, when the building has a pitched roof,
the intersection of the outside wall with the roof.
48. Roof Sign: Any sign which is erected, constructed or attached wholly or in
part upon any roof or over the highest roof line of a building.
49. Rotating Sign: A sign which revolves or rotates on its axis by mechanical
means.
50. Service Entrance: Secondary passage or opening to a structure which is
intended for delivery and removal of merchandise or goods, and which is not
intended as a public entrance.
51. Sign: Any letter,word or symbol, poster, picture, statuary, reading matter or
representation in nature of advertisement, announcement, message or visual
communication, whether painted, posted printed, affixed or constructed,
including all associated brackets, braces, supports, wires and structures,
which is displayed for informational or communicative purposes.
52. Sign Area: The surface of the sign upon, against or through which the
message of the sign is exhibited.
7
53. Sign Setback: The distance from the property line and curb to the nearest
part of the sign, measured perpendicularly to the property line or curb.
54. Sign Structure: The supports, uprights, bracing and framework for a sign.
55. Special Events: A temporary indoor or outdoor promotional or sales event.
56. Street Frontage: The side of a lot abutting one (1) or more streets. An
interior lot has one (1) street frontage and a corner lot has two (2) or more
frontages.
57. Temporary Indoor Promotional or Sales Event: A temporary promotional or
sales event directed towards the general public including only grand
openings, storewide sales, craft shows, registration for day care, an
educational, recreational, civic or religious activity, and community
celebrations.
58. Temporary Outdoor Promotional or Sales Event:A temporary promotional or
special event sale directed towards the general public, including only grand
opening sales, storewide sales of materials and products that are typically
sold or serviced on the premises, registration for day care, an educational,
recreational, civic or religious activity, community celebrations, warehouse
sales, tent sales, sidewalk sales, craft shows, flea markets, inventory
reduction and liquidation sales, and mechanical or animal rides.
59. Total Allowable Sign Area: The maximum allowable gross surface area in
square feet of a sign or signs. The maximum number of signs cannot be
arranged and integrated so as to create a surface area in excess of this
requirement.
60. Traffic Sign: A sign which is erected by a governmental unit for the purpose
of directing or guiding traffic.
61. UL Approved: A device which has been approved by the "Underwriters'
Laboratories".
33 62. Video Display Sian: A sign that changes its message or background in a
manner or method of display characterized by motion or pictorial imagery,
which may or may not include text and depicts action or a special effect to
imitate movement, the presentation of pictorials or graphics displayed in a
progression of frames that gives the illusion of motion, including, but not
limited to, the illusion of moving objects, moving patterns or bands or light, or
expanding or contracting shapes, not including electronic changeable copy
signs. Video display signs include projected images or messages with these
characteristics onto buildings or other objects.
8
63. Wall Sign: A sign affixed to the exterior wall of a building and which is
parallel to the building wall. A wall sign does not project more than twelve
(12) inches from the surface to which it is attached, nor extend beyond the
top of the parapet wall. Banners do not qualify as a wall sign.
64. Wall Graphics: A sign painted directly on an exterior wall.
65. Window Sign: A temporary sign affixed to the outside or inside of a window r
inside the building within three (3) feet of a window in view of the general
public.
401.15.G.5. GENERAL PROVISIONS.
a. Traffic Signs. No sign permitted by this Ordinance shall, by reason of its
location, color or intensity, 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",
etc., unless such sign is needed to direct traffic on the premises.
b. Signs on Fences, Poles, and Natural Features. No signs, guys, 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,with the exception of signs necessary for security, or
to preserve public safety, as determined by the City Council.
c. Wall/Roof Attachments. No sign shall be attached to hang from any
building until all necessary wall and/or roof attachments have been approved
by the Building Official.
d. Right-of-Way, Public Lands and Easements. No signs other than
governmental signs shall be erected or temporarily placed within any street
rights-of-way or upon any public lands or easements or rights-of-way.
e. Ingress/Egress. No sign or sign structure shall be erected or maintained if
it prevents free ingress or egress from any door, window, or fire escape. No
sign or sign structure shall be attached to a stand pipe or fire escape.
f. Property Number. A minimum of one(1)sign, as assigned by the City, shall
be required on each principal building in all districts. Such sign shall be of
sufficient size to be legible from the nearest street yet shall not exceed nine
(9)square feet in area. The numbers shall be metal, glass, plastic or durable
material and the numbers shall not be less than three and one-half (3.5)
inches in height, in a contrasting color to the base or made of some reflective
material and so placed to be easily seen from the street.
g. Sign Maintenance. Message. Signs and sign structures shall be properly
maintained and kept in a safe condition. Sign or sign structures which are
9
rotted, unsafe, deteriorated or defaced, as determined by the City Building
Official shall be removed, repainted, repaired, or replaced by the permit
holder, owner or agent of the property upon which the sign stands.
h. Electrical Building Code. All signs shall be constructed in accordance with
the Minnesota State Building Code and the National Electrical Code. The
A !
O ance. All electrical service wiring shall be buried.
Hours of Operation. Signs in the R-B, B-1, B-2, B-3, B-4, B-W, and I
Districts may only be illuminated during business hours, or until eleven
o'clock (11:00) PM, whichever is later.
j. External Lighting. Signs with external lighting shall have no exposed light
sources or fixtures unless decorative fixtures are utilized and the light source
is fully concealed and diffused.
k. Internal Lighting. Signs with internal lighting shall include illumination of
only the text and/or logo portion of the message. Back lighting of signage on
fabric awnings is prohibited.
Neon. Neon signs shall be limited to channel letter signs, logos, and
permanent window signage in the R-B, B-1, B-2, B-3, B-4, B-W and I
Districts.
m. Setbacks. No part of a sign or sign structure shall be placed closer to the
property line than five (5) feet. No sign shall be positioned so that it
impacts or is exposed to residential uses or districts along adjoining
side and rear yard property lines.
n. Flags. No more than three (3)flags may be displayed outside of a building.
This number may, however, be increased provided an interim use permit is
issued in compliance with Section 401.05 of this Ordinance.--and—the
Where appropriate, the U.S. Flag Code,
Minnesota Statutes or Executive Order shall apply to Federal and/or
State flag displays.
-
2) Where appropriate, the U.S. Flag Code, Minnesota Statutes or
O. Angle Signs. The maximum angle permitted between faces of a double
face freestanding sign is sixty (60) degrees, anything less is one (1) sign,
anything more is two (2) signs.
10
lines.
401.15.G.6. PERMITTED SIGNS IN ANY ZONING DISTRICT. The following signs are
allowed without a permit unless otherwise specified. These signs, if placed in
accordance with the following standards, will not apply toward the maximum
allowable sign area, but shall comply with all other applicable provisions of this
Ordinance.
a. Campaign Non-Commercial Speech Signs. Notwithstanding any other
provisions of the sign ordinance, all signs of any size containing non-
commercial speech may be posted from August in any general election year
until ten(10)days following the general election and thirteen(13)weeks prior
to any special election until ten (10) days following the special election, in
accordance with Minnesota State Statutes Section 211 B.045, as amended.
b. Signage on bus benches, as regulated in the Oak Park Heights Code of
Ordinances. For the purposes of this Ordinance, such signage shall not be
considered to be off-premises advertising signage.
c. Permanent Window Signage. Shall not exceed twenty-five(25)percent of
the total area of the window in which they are displayed. Lettering used in
permanent window signage exceeding three and one-half (3.5) inches in
height shall be included in the calculations of allowable sign area permitted
on that side of the building. Use of neon for permanent window sign shall be
allowed within the requirements of this Section.
d. Temporary Window Signs. Temporary window signs shall be permitted
within the R-B, B-1, B-2, B-3, B-4, B-W and I Districts, provided that they do
not exceed ten (10) percent of the front building facade.
e. Additional Allowed Signs.
1) One sign shall be allowed per street frontage when the building
or site is under construction or offered for sale or lease provided
that:
a) The sign area shall not exceed thirty two (32) square feet.
b) Freestanding signs shall be limited to a maximum
height of eight (8) feet.
c) The sign shall not be illuminated.
11
d) Such sign shall be removed within one year of the date of
issuance of a building permit or when the project is
completed, whichever is sooner.
2) Upon approval of a final plat for a subdivision
five (5) lots provided that:
a) One (1) sign shall be allowed per project or subdivision or
one (1) sign for each frontage to a major collector or arterial
street, whichever is greater.
b) The area of the sign shall not exceed thirty two (32) square
feet.
c) Freestanding signs shall be limited to a maximum height of
eight (8) feet.
d) Such sign shall be removed within one year of the date
of issuance of a building permit or when the project is
completed, whichever is sooner.
whichever is less restrictive.
a) Not morc than one (1) sign shall be allowed at each entrance
b) The area of each sign shall not exceed fifty(50) square feet.
fifteen (15) feet.
sign(s) are to be located on outlots, the outlots shall be
12
c) The area around the sign shall be landscaped in such a
- - . . .
Zoning-Administrator,
highest quality materials and workmanship to keep
4) Additional signs shall be allowed upon approval of a final plat for a
vi ed
p-evc -tha� . .
street whichever is greater
,
b) The area of the sign shall not oxcoed sixty four(64) square
feet.
eight-(8) feet
months (12) months from the date a permit is issued for the
401.15.G.7. PROHIBITED SIGNS IN ANY ZONING DISTRICT. The following signs are
prohibited in all zoning districts:
a. Any sign which obstructs or impairs the vision of drivers or pedestrians or
detracts from the visibility of any official traffic control device.
b. Any sign which contains or imitates an official traffic sign or signal.
13
c. Off-premises signs.
d. Business signs on or attached to equipment, such as semi-truck trailers,
being used in such a manner that advertising is a principal use of the
equipment.
e. Animated signs.
f. Projecting signs.
g. Roof signs.
h. Signs displayed on vehicles within open sales lots.
i. Any sign or display which contains or consists of banners, bannerettes,
pennants, ribbons, streamers, strings of light bulbs, balloons and hot or cold
air inflatable devices, spinners or similar outdoor advertising devices,except
as may be approved by a special event permit in accordance with the
provisions as set forth in Section 401.15.G.8 of this Ordinance.
j. Portable signs.
k. Wall graphics.
I. Beacons.
m. Multi-faced signs.
n. Signs supported by guy wires.
o. Cabinet signs on buildings, except for logo signs.
p. Signs and/or posts which are tacked onto trees, fences, utility poles or other
such permanent supports, except safety signs and signs found on fences of
athletic facilities
q. All signs over four hundred (400) square feet in area.
33 r. Dynamic display signs.
33 s. Electronic graphic display signs.
33 t. Multivision signs
33 u. Video display signs.
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401.15.G.8. SPECIAL EVENTS.
a. Sign Permit Required. No special event shall be held without first
obtaining a sign permit.
19 b. Number of Events. The business or applicant in all business and industrial
22 zoning districts, as well as each public and institutional use in residential
districts(except for the areas within the Destination Retail Highway District as
indicated in Section 401.15.G.8.c), shall be allowed
calendar ycaar. The total number of a total of fifty(50)special event days in
a calendar year _ _ • _ _ e _ _ _ _ ._
public and institutional use. Once the time period has expired for a special
event the applicant shall wait the same number of days that the sign permit
was issued to start a new special event.
22 C. Events in the Destination Retail Highway District. The business or
applicant in the Destination Retail Highway District shall be all
(12) sales events per calendar year. The total number allowed a total of
one hundred eighty(180) of special event days in a calendar year et
- ___e _ . _ __ - _ :! e - for any applicant, business, or public
and institutional use. Once the time period has expired for a special event,
the applicant shall wait two (2) days before starting a new sales event. All
other special event requirements, as found in Section 401.15.g.8 of this
Ordinance, shall be adhered to within the Destination Retail Highway District.
d. Permitted Signs and Displays. The signs and displays described below
are permitted for special events in addition to the maximum allowable sign
area, provided they are professionally done and the following standards are
met and complied with:
1) Small Balloons.
a) The size of small balloons or a group of connected balloons
be-allowed
messages.
c) Helium balloons shall be refilled daily.
2) Tents.
15
a) Tents, including all ties, ropes, stakes, etc., shall be located
31 3) Bannerettes and Pennants.
a) Bannerettes and pennants may be attached to poles, tents,
b) No more than two (2) pennants may be attached to any
pole or object.
c) Bannerettes shall be smaller than any United States flag on
4) Banners.
a) Banners may be attached to poles, tents, and buildings,
22 _
22 -
exceed one hundred forty (1 10) square feet. The applicant
(28) square feet as long as the total size of the banners does
not exceed one hundred forty(140) square feet..
5) Search lights.
a) Search lights as regulated in Section 401.15.B.7.g.1) of this
Ordinance.
e. Prohibited Signs and Displays for Special Events. The signs or displays
described below are prohibited for special events:
16
31,33 1) Animated signs, dynamic display signs, electronic graphic display
signs, Multivision signs, video display signs, light bulb strings, portable
signs, ribbons, and streamers.
2) Displays or special features on any landscaped areas or on roofs.
3) Aerial rides.
height
5) Additional lighting that does not meet this Ordinance.
6) Any sign or display in the public right-of-way.
7) Air inflatable devices.
f. Sign Permit Requirements for Special Event Lot Decorations. Before
any special event signs or decorations shall be permitted to be used for an
event, the responsible property owner or organization shall submit a
completed application for a sign permit with the City. In addition to other
requirements,the applicant shall show that when the event is held, adequate
parking area will continue to exist, even though a portion of required parking
spaces may be used to celebrate the event. Only after the City issues the
sign permit, may a business display the special event signs and decorations.
g. Violations.
1) It is a violation for any person, company, or organization to provide,
erect or display any beacons, balloons or other advertising device
which is not in conformity with the provisions of this Section.
2) Special event signs and decorations not removed by the last day of
the special event.
401.15.G.9. DISTRICT REGULATIONS.
a. R-1, R-1A, R-1B, R-1C, Single Family Residential and R-2, Low to
Medium Density Residential Districts. Except as otherwise provided in
this Ordinance, signs in these districts shall be limited to:
1) One (1) sign for each unit in a single and two family residential
dwelling not exceeding two (2) square feet in area per surface. Lots
abutting more than one (1) right-of-way shall be allowed one (1) sign
not to exceed two (2) square feet in area per frontage.
17
2) Any multiple dwelling structure with three (3) or more units shall be
allowed one(1)monument sign, not to exceed six(6)feet in height or
one (1) wall sign, the aggregate square footage of sign space shall
not exceed thirty-two (32) square feet.
3) Other non-residential uses permitted or conditionally permitted in the
R-1, R-1 A, R-1 B, R-1 C, and R-2 Districts shall be allowed one
monument sign, not to exceed eight(8)feet in height and one(1)wall
sign, the aggregate square footage of sign space shall not exceed
forty (40) square feet. The signs shall not be illuminated except by
conditional use permit as provided for in Section 401.03 of this
Ordinance.
4) One (1) freestanding sign, not to exceed six (6) feet in height or one
(1) wall sign, the aggregate square footage of sign space shall not
exceed four(4)square feet shall be allowed for home occupations as
provided for in Section 401.15.M of this Ordinance, and day care
nursery facilities as provided for in Section 401.15.N of this
Ordinance. The sign shall not be illuminated except by conditional
use permit as provided for in Section 401.03 of this Ordinance.
5) One (1) freestanding sign, not to exceed six (6)feet in height or one
(1) wall sign, the aggregate square footage of sign space shall not
exceed six (6) square feet shall be allowed for bed and breakfast
facilities as provided for in Section 401.22.E.3 of this Ordinance. The
sign shall not be illuminated except by conditional use permit as
provided for in Section 401.03 of this Ordinance.
6) Exceptions in numbers of height or size of signs may be allowed for
the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
b. 0, Open Space Conservation and R-3, Multiple Family Residential
Districts. Except as otherwise provided in this Ordinance, signs in these
districts shall be limited to:
1) One (1) sign for each unit in a single and two family dwelling not
exceeding two(2)square feet in area per surface. Lots abutting more
than one (1) right-of-way shall be allowed one (1) sign not to exceed
two (2) square feet in area per frontage.
2) Any multiple family structure with three (3) or more units shall be
allowed a total of four(4) signs for any one (1) project to include the
following:
18
a) One (1) monument sign per entrance to the project not to
exceed twenty-four(24) square feet or eight(8)feet in height.
b) Wall signs not more than twenty-four (24) square feet nor
higher than the top on the parapet wall or eave.
3) Other non-residential uses permitted or conditionally permitted in the
0, Open Space Conservation or R-3, Multiple Family Residential
Districts shall be allowed one monument sign, not to exceed eight(8)
feet in height and one (1)wall sign, the aggregate square footage of
sign space shall not exceed forty(40) square feet.
4) Parks or public facilities shall be allowed one (1) monument sign per
street entrance, not to exceed eight(8)feet in height and one(1)wall
sign. The aggregate square footage of sign space shall not exceed
sixty (60) square feet.
33 5) Changeable Copy Signs— Manual and Electronic— Non-Residential
Uses in the 0, Open Space Conservation District as regulated in
Section 401.15. ) of this Ordinance.
a) Onc manual or electronic changeable copy sign shall be
allowed per site provided that the changeable copy area is
integrated into the allowed sign and subject to the following:
(1) Changeable copy signs shall only be on freestanding
signs.
(2) The sign shall not directly face a residentially zoned
from any side or rear lot line abutting a—residential
district.
(3) The changeable copy portion of the sign shall not
(4) The sign message shall not change less than every ten
(10) seconds. Hour, minute, date or temperature shall
change not less than every three (3) seconds.
6) Electronic Sign Illumination
a) Electronic signs shall be shielded to prevent lights from being
19
b) No sign incorporating LED lighting may be illuminated in any
way so as to exceed a maximum intensity of five thousand
(5,000)nits during daylight hours or five hundred(500)nits from
sunset to sunrise measured at the sign face at maximum
brightness.
c) Signs using fluorescent, neon or incandescent light sources
shall not exceed twelve (12) watts per square foot of sign
surface area.
d) All signs incorporating LED lighting installed shall be equipped
with a mechanism that automatically adjusts the brightness to
ambient lighting conditions to conform to the requirements of
this subsection.
e) The owner of any LED illuminated sign shall provide certification
as to compliance with these subsections and 401.15.G.5 of this
Ordinance upon request by the zoning administrator.
7) Exceptions in numbers of, height, or size of signs may be allowed for
the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
c. P/I, Public Institutional; R-B, Residential Business; and B-1,
Neighborhood Business Districts. Except as otherwise provided in this
Ordinance, signs in these districts shall be limited to three (3) signs per
principal use upon the subject property, subject to the following conditions:
1) One(1)freestanding monument sign per entrance not more than forty
(40) square feet or more than eight (8) feet in height;
2) Wall signs not more than forty(40)square feet nor higher than the top
of the parapet wall or eave.
3) Parks or public facilities shall be allowed one (1) monument sign per
street entrance, not to exceed eight(8)feet in height, and one(1)wall
sign. The aggregate square footage of sign space shall not exceed
sixty (60) square feet.
33 4) Changeable Copy Signs— Manual and Electronic— P/I, Public
Institutional District as regulated in Section 401.15 of this
Ordinance.
20
a) One manual or electronic changeable copy sign shall be
allowed per site provided that the changeable copy area is
integratod into the allowed sign and subject to the following:
(1) Changeable copy signs shall only be on freestanding
signs.
(2) The sign shall not directly face a residentially zoned
district.
(3) The changeable copy portion of the sign shall not
(4) The sign message shall not change less than every ten
(10) seconds. Hour, minute, date or temperature shall
5) Electronic Sign Illumination
a) Electronic signs shall be shielded to prevent lights from being
b) No sign incorporating LED lighting may be illuminated in any
way so as to exceed a maximum intensity of five thousand
(5,000)nits during daylight hours or five hundred (500)nits from
sunset to sunrise measured at the sign face at maximum
brightness.
c) Signs using fluorescent, neon or incandescent light sources
shall not exceed twelve (12)watts per square foot of sign
surface area.
d) All signs incorporating LED lighting installed shall be equipped
with a mechanism that automatically adjusts the brightness to
ambient lighting conditions to conform to the requirements of
this subsection.
e) The owner of any LED illuminated sign shall provide certification
as to compliance with these subsections and 101.15.G.5 of this
Ordinance upon request by the zoning administrator.
21
6) Exceptions in numbers of, height or size of signs may be allowed for
the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
d. B-2, General Business; B-3, Highway Business and Warehousing; B-4,
Limited Business District; and I, Industrial Districts. Except as otherwise
provided in this Ordinance, single occupancy business signs in these districts
shall be limited to:
Column A Column B Column C
Allowable Percentage Total
Sign Arcs flow bl Allowable
B-2 and B 3 Districts 100 SF or 15% up to 300 SF
B-W and I Districts 125 SF or 18% up to 400 SF
Footnotes:
14 . _
3)
2) Freestanding Signs.
a) Size of sign permitted is determined by the gross square
footage of the principal structure located in the
development.
b) A maximum of one (1) freestanding sign is allowed upon any
single lot. Sign area may not exceed one hundred (100)
- - - - -- - - - - ••• - •• :•e • e : e -- The
freestanding sign base shall be surrounded with a landscaped
area containing decorative shrubbery and/or flower materials.
c) Two(2)additional freestanding signs may be allowed provided
they are in compliance with the following standards:
22
(1) The signs are constructed as a monument signed
(2) Decorative shrubbery and/or flowers must be
incorporated as a part of the monument design and are
maintained on a regular basis.
(3) The gross area of the signs, when added togethor with
fore-lot.
a slope of three to one (3:1) whcro the bcrming b
Landscaping shall be provided on the slopes of the
�� e A
y/�
OTdinance
c) The cumulative total sign area, when added to the gross sign
area of all wall signs on the site, except for wall and
Al
. _
under Section 101.15.G.9.d.1) of this Ordinance.
d) The following table lists the maximum size and heights for
permitted signs in the B-2 District, B-3 District, B-4 District,
B-W District and I District:
Pylon Monument
Principal Structure Height Sign Size Height Copy and
(Gross Square Feet) (feet) (square (feet) Graphic
feet) (square
feet)
Greater than 200,0000 30 150 20 100
100,000 — 200,000 25 120 20 100
10,000 — 100,000 20 100 20 100
5,000 — 10,000 18 80 15 80
Less than 5,000 15 60 8 60
23
3) Wall Signs.
a) Size of sign permitted is determined by the gross square
footage of the principal structure located in the
development.
b) The maximum number of wall signs on any principal building
shall be three (3)�),, and in all cases, each sign shall be
placed on a separate building facade, with or without street
frontage except as allowed for multiple occupancy buildings in
Section 401.15.G.10.d of this Ordinance.
c) The maximum number of wall signs allowed may be increased
over three (3) two (2) by conditional use permit for single
occupancy buildings provided the following minimum standards
are met:
(1) There shall be no freestanding sign exceeding twenty
(20) eight (8)feet in height upon the lot.
(2) The wall signs shall be identical in style, color and size.
allowable sign area pursuant to Section 101.15.G.6 of this
under Section '101.15.G.9.d.1) of this Ordinance.
d) Signs may also be placed on the side of a building not facing a
street. No building site may have cignago in oxcccc of the
d) The following table lists the maximum size and heights for
permitted signs in the B-2 District, B-3 District, B-4 District,
B-W District and I District:
Principal Structure Individual Wall Sign Total Wall Signage for
(Gross Square Feet) Calculation Property
Greater than 200,000 200 square feet or 10 300 square feet
percent of wall face,
whichever is less
100,000 —200,000 150 square feet or 10 280 square feet
percent of wall face,
whichever is less
24
10,000 — 100,000 120 square feet or 10 240 square feet
percent of wall face,
whichever is less
5,000 — 10,000 100 square feet or 15 180 square feet
percent of wall face,
whichever is less
Less than 5,000 80 square feet or 15 150 square feet
percent of wall face,
whichever is less
*
Zoning ideitifi Freestanding Wail Temp Pe n
District cation Windo Window
AN Res: Nen- AN Res: Nen- w
Uses Res: Uses Res:
0 — — 24 40; - 24 4g4 - 25%8
R-1/R 2 — — 323 40; — 323 40; — 259„8
R-3 — — 24 40; - 24 40; - 25%8
R-B 4 40 — — 40 — — 40%7 25°1..8
8-•4- 4 40 — — 40 — — 40%7 25°h
B-2 4 4003 — — —a — — 1O% 25%6
13-3 4 4003 — — —a — — 4%$ 25%6
8-4 4 4003 — — —3 — — 40%02 25%6
BW 4 4905 — — —s — — 40%2 25%8
1 4 4005 — — —5 — — 409/02 25%°
P4 — 40 - - 40 - - - 23%6
-• - - -• _f _e__ - -- - -.:°. : ..
- - • - -
- •- •- -- • •• - -- •
25
Zoning Freestanding -Freestanding Wall Address
Sist:ist Monument
8 8 a3
R 1/R 2 8 6 3
R-3 8 a3
R-B 8 8 3
64 8 a a3
8-2 8 a5i
6-3 8 20 a3
B-4 8 20 3
Bw 8 20 33 ire
1 8 20 3
124 8 a 3,54n,
33 4) Changeable Copy Signs— Manual and Electronic as regulated in
Section 401.15 of this Ordinance.
a) One manual or electronic changeable copy sign shall be
allowed per site provided that the changeable copy area is
integrated into the allowed sign and subject to the following:
signs.
(2) The sign shall not directly face a residentially zoned
property and shall be set back at least fifty (50) feet
district,
(3) The changeable copy portion of the sign shall not
(I) The sign message shall not change less than every ten
(10) seconds. Hour, minute, date or temperature shall
change not less than every three (3) seconds.
as
5) Electronic Sign Illumination
26
a) Electronic signs shall be shielded to prevent lights from being
b) No sign incorporating LED lighting may be illuminated in any
way so as to exceed a maximum intensity of five thousand
(5,000)nits during daylight-1=1eurs or five hundred(500)nits from
sunset to sunrise measured at the sign face at maximum
brightness.
c) Signs using fluoroscent, neon or incandescent light sources
shall not exceed twelve (12)watts per square foot of sign
surface area.
d) All signs incorporating LED lighting installed shall be equipped
with a mechanism that automatically adjusts the brightness to
ambient lighting conditions to conform to the requirements of
this subsection.
e) The owner of any LED illuminated sign shall provide certification
as to compliance with these subsections and 401.15.G.5 of this
Ordinance upon request by the zoning administrator.
401.15.G.10. SPECIAL DISTRICT PROVISIONS.
a. Motor Fuel Station.
1) Signs for motor fuel stations shall be regulated by the single
occupancy business structure sign provisions for the zoning district in
which the station is located.
2) Pump island signs shall not exceed two (2) square feet per pump.
3) Portable signs shall not be allowed.
4) The area of all displays and/or signs shall be counted against the total
sign area allowed for the site, which includes both freestanding and
wall sign allowances.
b. Destination Retail Highway Sign District. Signs and sign allowances, in
addition to the sign allowances for single and multiple occupancy signs of
this Ordinance, shall be allowed within the Destination Retail Highway Sign
District as identified on maps on file at City Hall.
1) Freestanding Signs.
27
a) One(1)freestanding sign for business developments as part of
an approved planned unit development not exceeding two
hundred (200)square feet with a maximum height of forty(40)
feet. The sign faces shall be oriented toward Highway 36 and
Highway 5 and away from residential developments. The
freestanding sign base shall be surrounded with a landscape
planter at least three (3) feet in height and constructed of
materials to match the principal building. The planter shall
contain decorative shrubbery and/or flower materials that are
maintained on a regular basis.
b) For single occupancy lots and business developments as part
of an approved planned unit development, the allowances for
freestanding signs found in Section 401.15.G.9 of this
Ordinance shall be increased to allow one (1) sign not
exceeding one hundred fifty(150)square feet and a maximum
height of thirty(30) feet. The freestanding sign base shall be
surrounded with a landscape planter at least three (3) feet in
height and constructed of materials to match the principal
building. The planter shall contain decorative shrubbery and/or
flower materials that are maintained on a regular basis.
2) Wall Signs. For single occupancy lots and business developments
as part of an approved planned unit development, maximum
allowable sign area allowances found in Section 401.15.G.9 of this
Ordinance shall be increased to eighteen (18) percent for allowable
sign area based upon percentage and five hundred (500)square feet
of maximum allowable sign area per lot.
c. Single Occupancy Retail Stores Exceeding One Hundred Thousand
(100,000) Square Feet. The following maximum specifications shall apply
for single occupancy commercial structures of one hundred thousand
(100,000) square feet of floor area or more:
1) Freestanding Signs. The freestanding sign allowances found in
Section 401.15.G.9 of this Ordinance shall be increased to allow one
(1)freestanding sign not to exceed two hundred (200)square feet and
a maximum height of thirty (30) feet.
2) Wall Signs. Maximum allowable sign area allowances found in
Section 401.15.G.9 of this Ordinance shall be increased to eighteen
(18) percent for allowable sign area based upon percentage and five
hundred (500) square feet of maximum allowable sign area per lot.
d. Multiple Occupancy Business Buildings, Industrial Buildings,and Lots.
28
1) When a single principal building is devoted to two (2) or more
businesses or industrial uses, or a lot will contain more than one (1)
single occupancy building as part of an approved planned unit
development, a comprehensive sign plan shall be required subject to
review as to whether the plan is consistent with the sign regulations.
The plan and sign allowances shall be subject to the following:
a) A comprehensive sign plan is submitted which includes all of
the following information:
(1) A site plan to scale showing the location of lot lines,
building structures, parking areas, existing and
proposed signs, and any other physical features of the
area included within the comprehensive sign plan.
(2) Elevations to scale of building or buildings included
within the comprehensive sign plan including the
location of existing or proposed wall signs.
(3) To scale plans for all existing and proposed signs of an
type included within the comprehensive sign plan
indicating area, dimensions, height, materials, colors,
and means of illumination (if any).
2) The maximum individual sign sizes for multiple occupancy buildings
and individual businesses that may display a sign shall not exceed the
maximum provisions for single occupancy structures of the applicable
zoning district.
3) Mixed use multiple occupancy buildings and developments with
multiple single occupancy buildings may display a freestanding sign in
addition to and consistent with the applicable zoning district provisions
of Section 401.15.G.9 of this Ordinance. The freestanding sign may
not exceed one hundred (100) square feet and a maximum height of
twenty(20)feet. The freestanding sign base shall be surrounded with
a landscape planter at least three(3)feet in height and constructed of
materials to match the principal building. The planter shall contain
decorative shrubbery and/or flower materials.
4) Except as provided for in Section 401.15.G.10 of this Ordinance,
individual tenants of a multiple occupancy building shall not display
separate wall signs unless the tenants business has an exclusive
exterior entrance. The number of individual wall signs shall be limited
to one (1) per entrance, and each sign shall be limited to the
maximum wall sign allowances permitted in the district. Tenants on
building ends may have a maximum of two (2) signs each to be
located at the front and side elevations of the tenant space. The
29
individual signs shall be located only on exterior walls which they are
directly related to the use being identified.
5) In any multiple occupancy building qualifying as a shopping center,
signs shall be permitted for each common public entrance. Each sign
area shall not exceed a total of fifty (50) square feet and shall be
located within fifty (50) feet of the common public entrance being
served. Attention shall be given to the possible number of tenants or
occupant bays which may be served by the common public entrance
for which the sign is intended.
6) No permit shall be issued for a new or replacement sign for an
individual use except upon a determination by the Zoning
Administrator that it is consistent with the approved comprehensive
sign plan.
401.15.G.11 CHANGEABLE COPY SIGNS
a. Manual and Electronic Changeable Copy Sign
1) One manual or electronic changeable copy sign shall be
allowed per site provided that the changeable copy area is
integrated into the allowed sign and subject to the following:
1) Changeable copy signs shall only be on freestanding
signs.
2) The sign shall not directly face a residentially zoned
property and shall be set back at least fifty(50)feet
from any side or rear lot line abutting a residential
district.
3) The changeable copy portion of the sign shall not
occupy more than thirty-five (35) percent of the
actual copy and graphic area of the sign.
4) The sign message shall not change less than every
ten(10)seconds. Hour, minute, date or temperature
shall change not less than every three (3)seconds.
33
b. Electronic Sign Illumination
1) Electronic signs shall be shielded to prevent lights from
being directed at oncoming traffic in such brilliance that it
impairs the vision of the driver and may not interfere with
30
or obscure traffic signs or signals. Lighting may not
illuminate any adjacent properties, buildings or streets.
2) No sign incorporating LED lighting may be illuminated in
any way so as to exceed a maximum intensity of five
thousand(5,000)nits during daylight hours or five hundred
(500) nits from sunset to sunrise measured at the sign face
at maximum brightness.
3) Signs using fluorescent, neon or incandescent light
sources shall not exceed twelve(12)watts per square foot
of sign surface area.
4) All signs incorporating LED lighting installed shall be
equipped with a mechanism that automatically adjusts the
brightness to ambient lighting conditions to conform to the
requirements of this subsection.
5) The owner of any LED illuminated sign shall provide
certification as to compliance with these subsections and
401.15.G.5 of this Ordinance upon request by the zoning
administrator.
401.15.G.11. NON-CONFORMING SIGNS.
a. General Provisions Governing Non-Conforming Signs.
1) Continuation of Use. A non-conforming sign lawfully existing upon
the effective date of this Ordinance may be continued at the size and
in the manner existing upon such date.
2) If any property use or business changes ownership, all signs on that
property, including any sign identifying a business no longer in
existence, shall be brought into conformance with Section
401.15.G.15.c) within thirty(30) days.
3) Prohibitions. A non-conforming sign may not be:
a) Structurally altered except to bring it into compliance with the
provisions of this Ordinance.
b) Enlarged.
c) Re-established after its removal or discontinuance.
31
d) Repaired or otherwise restored, unless the damage is less
than fifty (50) percent of sign structure.
e) Replaced.
4) Non-Conforming Sign Maintenance and Repair. Nothing in this
Ordinance shall be construed as relieving the owner of use of a legal
non-conforming sign or owner of the property on which the legal non-
conforming sign is located from the provisions of this Ordinance
regarding safety, maintenance, and repair of signs, provided,
however, that any repainting, cleaning,and other normal maintenance
or repair of the sign or sign structure shall not modify the sign
structure or copy in any way which makes it more non-conforming or
the sign shall lose its legal non-conforming status.
b. Non-Conforming Uses. When the principal use of land is legally non-
conforming under the Zoning Ordinance, all existing or proposed signs in
conjunction with that land shall be considered conforming if they are in
compliance with the sign provisions for the most restrictive zoning district in
which the principal use is allowed.
401.15.G.12. MAINTENANCE. All signs, together with all of their supports, braces, guys
and anchors, shall be kept in repair and in proper state of preservation. The display
surfaces of all signs shall be kept neatly painted or posted at all times. Every sign
and the immediate surrounding premises shall be maintained by the owner or
person in charge thereof in a clean, sanitary, and inoffensive condition and free and
clear of all obnoxious substances, rubbish and weeds. Notice shall be given to the
Zoning Administrator of any change in sign user, sign owner, or owner of the
property on which the sign is located.
401.15.G.13. INSPECTION. All signs for which a sign permit is required shall be subject
to inspection by the City Building Official. The Building Official may order the
removal of any sign that is not maintained in accordance with the maintenance
provisions of this Ordinance.
401.15.G.14. SIGN PERMIT AND APPLICATION.
a. Sign Permit Required. Except as provided in this Section, no sign or
structure shall be erected, constructed, altered, rebuilt, or relocated until a
sign permit has first been issued by the City. The fees which shall be
charged for sign permits under this Section shall be in accordance with the
fee schedule as determined by resolution of the City Council.
32
b. Sign Application. The following information for a sign permit shall be
supplied by an applicant as requested by the Zoning Administrator or
designee:
1) Name, address, and telephone number of person making the
application.
2) Name, address, and telephone number of person owning the sign.
3) A site plan to scale showing the location of lot lines, building
structures, parking areas, existing and proposed signs and any other
physical features.
4) The location, diagrams, and dimensions of the building, building
elevations, structure, and lot to which, or upon which, the sign is to be
attached or erected. Building elevations shall include an artist's
rendition or color computer graphic simulation if required by the
Zoning Administrator.
5) 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, colors,
materials, a table of the proposed gross sign area for each sign and
the total proposed sign area.
6) Photographs of the building face and the building faces of any
adjacent buildings.
7) Plans, location and specifications and method of construction and
attachment to the buildings or placement method in the ground.
8) Copy of stress sheets and calculations showing that the structure is
designed for dead load and wind pressure in any direction in the
amount required by this and all other laws and ordinances of the City.
9) Written consent of the owner or lessee of any site on which the sign is
to be erected.
10) Any electrical permit required and issued for the sign.
11) The name of the person, firm, corporation, or association erecting the
structure.
12) Such other information as the Zoning Administrator or designee
requires, showing full compliance with this and all other laws and
ordinances of the City.
33
13) If the work authorized under a sign permit has not been completed
within twelve (12) months after the date of its issuance, said permit
shall become null and void.
401.15.G.15. REMOVAL OF UNSAFE AND ILLEGAL SIGNS. If the Zoning Administrator
or designee finds that any sign or sign structure is unsafe or in violation of the
provisions of this Ordinance, written notice shall be given to the owner and/or party
responsible for the sign to comply with the standards required by this Section in a
prescribed time frame and manner. The removal of the signs shall be done in the
following manner:
a) Permanent Illegal Signs. The Zoning Administrator, or his/her designee,
shall order the removal of any permanent sign erected or maintained in
violation of this Ordinance. Those signs deemed unsafe by the Zoning
Administrator or designee shall be ordered removed immediately. Thirty(30)
days notice in writing shall be given to the owner of all other signs or of the
building, structure, or premises on which such sign is located, to either
comply with this Ordinance or remove the sign. The owner of the sign,
building, structure, or premises shall also, upon removal of any sign, be fully
responsible for repairing, replacing, and returning the ground, building wall,
or other mounting surface to its original condition or to a proper condition
consistent with the present appearance of the area, building wall, or surface.
b) Temporary Illegal Signs. The City may impound signs which have been
illegally installed upon public property or within public right-of-way or
easement. The sign owner may retrieve the signs according to the following:
1) Fee Payment. For impounded signs, there shall be an impoundment
and storage fee, as may be approved from time to time by Council
resolution.
2) Retrieval of Sign. The sign shall be retrieved from a designated
impound area during routine business hours and within fifteen (15)
days from the date of impounding. After fifteen (15)days,the City will
dispose of the sign.
3) Liability. The City shall not be held liable for any damage to
impounded signs.
c) Out of Business Signs. Signs not used for signing when a business
permanently closes or leaves the tenant space shall be removed or altered
within thirty(30)days from the close of business. Wall or freestanding signs
and sign structures that are in compliance with the provisions of this
Ordinance but are not in use shall be addressed in the following manner:
1) Wall signs. The sign shall be removed.
34
2) Wall signs (cabinet). A blank face shall be inserted in the cabinet.
3) Freestanding Signs. The sign area shall be totally covered.
4) Non-Conforming Signs/Sign Structures. All non-conforming signs and
sign structures shall be removed in compliance with Section
401.15.G.11 of this Ordinance.
d) Administrative Enforcement. Enforcement procedures for violations of this
Chapter shall be conducted as outlined in Section 101.05 of the City Code.
401.15.G.16. VARIANCES. In order to provide additional flexibility in the enforcement of
this Ordinance and to alleviate hardship and injustice, the City Council may, upon
application, grant a variation from the terms of this Ordinance. Upon application,
therefore, from the person seeking a permit for the erection or installation of a sign,
the request for variance shall be processed in accordance with Section 401.04 of
this Ordinance, as may be amended.
a. Criteria. Additionally, the City Council shall make a finding of fact that an
undue hardship or injustice exists if a variance was not granted and
therefore, may grant such variations based upon consideration of the
following:
1) That particular physical surrounding, shape, or topographical
conditions of the specific parcel of land involved exist.
2) That the condition involved is unique to the particular parcel of land
involved.
3) That the purpose of the variation is not based exclusively upon a
desire to increase the value of income potential of the business
involved.
4) That the alleged difficulty or hardship is caused by this Ordinance and
has not been created by any persons presently having an interest in
the parcel.
5) That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the
neighborhood.
6) That the proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion
of the public streets or interfere with the function of the Police and
Fire Departments of the City.
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b. Fees. Fees for the review and processing of sign permit variance requests
shall be changed in accordance with the provisions of Section 401.08 of this
Ordinance.
36
Julie Hultman
From: mb jim <PIIIIIMMIMINIIIP
Sent: Wednesday,June 17, 2015 8:00 PM
To: scott @planningco.com;Julie Hultman; Eric Johnson
Subject: The Signs of Oak Park Heights
Attachments: Oak Park Heights, Signs 2.docx
Follow Up Flag: Follow Up
Due By: Wednesday,June 17, 2015 8:29 PM
Flag Status: Flagged
Scott:
Attached is a first "run" at the first couple of sections of the sign ordinance. Hopefully, more shall
follow.
Carry on bravely. . .kremer
1
Introduction: (Replaces 401.15.G.1.)
Oak Park Heights has approximately 5,000 residents. It is located on the Minnesota-
Wisconsin border with Minnesota Highway 36 running through it and connecting the
Twin Cities' metropolitan area with western Wisconsin. For many years Oak Park
Heights was a city to be driven through on ones way to somewhere else. However, as
Highway 36 has become a more important and busier link Oak Park Heights' business
community has become more vibrant. This trend will no doubt continue and escalate in
the next several decades.
With the above in mind and in order to facilitate the commercial aspects of Oak Park
Heights while continuing to maintain its small town atmosphere and feel the following
ordinances concerning signs shall be promulgated.
Definition: (Replaces 401.15.G.4)
Sign: Something representing something else. Specifically, any letter, word, symbol,
poster, picture, statuary, reading matter or representation in nature of advertisement,
announcement, message or visual communication, whether painted, posted, printed,
attached to or constructed, including all associated brackets, braces, supports, wires
and structures, which is displayed for informational or communicative purposes.
General Provisions. 401.15.G.5. GENERAL PROVISIONS.
a. Traffic Signs. No sign permitted by this Ordinance shall, by reason of its location,color or
intensity,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",etc., unless such sign is needed to direct traffic on the
premises.
b. Signs on Fences, Poles,and Natural Features. No signs,guys, 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,with the exception of signs
necessary for security, or to preserve public safety, as determined by the City Council.
c. Wall/Roof Attachments. No sign shall be attached to hang from any building until all
necessary wall and/or roof attachments have been approved by the Building Official.
d. Right-of-Way, Public Lands and Easements. No signs other than governmental signs shall be
erected or temporarily placed within any street rights-of-way or upon any public lands or
easements or rights-of-way.
e. Ingress/Egress. No sign or sign structure shall be erected or maintained if it prevents free
ingress or egress from any door,window, or fire escape. No sign or sign structure shall be
attached to a stand pipe or fire escape.
f. Property Number.A minimum of one (1) sign,as assigned by the City, shall be required on
each principal building in all districts.Such sign shall be of sufficient size to be legible from
the nearest street yet shall not exceed nine (9)square feet in area.The numbers shall be
metal,glass, plastic or durable material and the numbers shall not be less than three and
one-half(3.5) inches in height, in a contrasting color to the base or made of some reflective
material and so placed to be easily seen from the street.
g. Sign Maintenance. (Changed from Sign Message.) Signs and sign structures shall be
properly maintained and kept in a safe condition.Sign or sign structures which are rotted,
unsafe, deteriorated or defaced, as determined by the City Building Official shall be
removed, repainted, repaired, or replaced by the permit holder, owner or agent of the
property upon which the sign stands.
h. Electrical Building Code.All signs shall be constructed in accordance with the Minnesota
State Building Code and the National Electrical Code. All electrical service wiring shall be
buried. (Underlined portion is taken from later in this section.)
i. (The old i has become j.) Brightness of Electrical and/or Lighted Signs. (This section is
simplified from Section 401.15.B.7.of the sign ordinance. It seems to fit better and make
more sense here.) No light source or combination thereof which cast light on a public street
shall exceed one (1)foot candle meter reading as measured from the 15-8 centerline of said
street nor shall any light source or combination thereof which cast light on adjacent
property exceed four-tenths (0.4)foot candles as measured at the property line. Light
intensity will be measured after dark with the light meter held six(6) inches above the
ground with the meter facing the light source.A reading shall be taken with the light source
on,then with the light source off.The difference between the two readings will be identified
as the light intensity.
j. Hours of Operation. (This is the old i.) Signs in the R-B, B-1, B-2, B-3, B-4, B-W,and I
Districts may only be illuminated during business hours, or until eleven o'clock(11:00) PM,
whichever is later.
(The old j, External Lighting; k, Internal Lighting; and I, Neon have been omitted. It seems that
the important and necessary portions of those sections are actually covered by h above,which
deals with the electrical code.)
k. Setbacks. (This is the old m.) No part of a sign or sign structure shall be placed closer to
the property line than five(5)feet. In addition, no sign shall be positioned so that it impacts
or is exposed to residential uses or districts along adjoining side and rear yard property
lines. (The second sentence is the old p. It seems to belong here.)
I. Flags. (The old n.) No more than three (3)flags may be displayed outside of a building.This
number may, however, be increased provided an interim use permit is issued in compliance
with Section 401.05 of this Ordinance and the following standards are met:
1) Where multiple flagpoles are used,there shall be a minimum (Changed from
maximum) spacing of twenty(20)feet allowed between the poles.
2)Where appropriate,the U.S. Flag Code, Minnesota Statutes or Executive Order shall
apply to Federal and/or State flag displays.
m. Angle Signs. (The old o.)The maximum angle permitted between faces of a double face
freestanding sign is sixty(60) degrees,anything less is one (1)sign, anything more is two (2)
signs.
Julie Hultman
From: mb jim
Sent: Monday,June 29, 2015 10:50 AM
To: scott @planningco.com; Eric Johnson;Julie Hultman
Subject: Signs
Guys:
Its me again. I am sure that makes you very happy on a nice Monday morning.
What if, after the definition section we did a section called "Types of Signs", describing the various
types. (Eg: electronic or back lighted.) After that we could go through the various zones telling what
types and sizes of signs are allowed in each zone. Zone B-1, for example, allows signs a, b and c, up
to 100 square feet.
With the above, an individual could look at what his/her property is zoned and easily see what signs
would be within our code.
I shall not bother you about this again. . . OK, maybe once or twice.
Carry on bravely. . .kremer
1
From: Beth Nelson
Date: June 28, 2015 at 8:17:21 PM CDT
To: Eric Johnson
Subject: House and signs
Hi Eric -
Can you forward the following to Scott? It's in regards to updating the sign ordinances:
* I think the sign ordinance should clearly state what "is" allowed and not go into the pages and
pages of what "isn't" allowed. Isn't this sufficient if called up front?
* I think signage should be based on square footage of the property, similar to what we were
looking at. I'm not necessarily an advocate that car dealerships get separate or unique
allotments. To me this can open up pandora boxes to allow unique allowances for other types of
businesses and think it is easiest to stay away from it.
* I do think we should continue to maximize height at 40 feet, and not allow blinking electronic
lights.
* My only other comment/question is there alignment between what Stillwater and OPH allow
from a sign perspective? How do we ensure consistency? I think this is important.
That's it from a sign perspective.
Beth