Loading...
HomeMy WebLinkAbout2015-08-06 Memorandum for 08-13 PC Meeting TPC3601 Thurston Avenue N, Suite 100 ENCLOSURE Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCQ Plan ni ngCo.corn MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: August 6, 2015 RE: Oak Park Heights— Sign Revisions TPC FILE: 236.12 At their July 9, 2015 meeting, the Planning Commission discussed the draft revisions to the sign regulations. It was agreed that the revisions to the sign ordinance were a positive beginning in simplifying and making the regulations a more user friendly document. The Planning Commission gave direction on the changes and asked that a struck/bold version be created as well as a clean version for the next review. Please find those drafts attached. Additionally, City Staff indicated it would create a comparison of businesses in the community representing the signs that had been approved under the existing regulations versus the proposed regulations. That comparison is attached. Please find attached a draft of the revisions (August 4, 2015) based upon the Planning Commission's discussion. Some sections are highlighted and will require additional discussion by the Planning Commission. The language in bold represents new language and the language to be removed is struck. 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) City Staff has proposed eliminating some of the definitions. The Planning Commission should determine if the definitions should be removed from this section in that they are already listed in Section 401.028. 401.15.G.5 (Pages 9-10) Changes have been made to the general provisions following the suggestions of Chair Kremer and the discussion of 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. Under Additional Allowed Signs, provisions for address or nameplate signage were clarified. 401.15.G.7 (Page 14) Projecting signs was eliminated from the prohibited sign list. 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 31-32. 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. Please refer to the comparison of businesses based upon existing vs. proposed regulations. 3. The Planning Commission should discuss whether the tables shown on pages 25 and 26 should be revised and placed in a separate section. City Staff finds the tables may be confusing in that not all of the regulations for every district can be included in these tables. 401.15.G.10 (Pages 28-30) The Motor Fuel Station requirements were kept within the Special District Provisions. The Destination Retail Highway requirements were eliminated in that they are addressed within the District requirements for freestanding and wall signage. The Multiple Occupancy Business provisions were kept in that the provisions detail how multi-tenant building signage is allocated to a building. The Planning Commission should discuss whether specific standards should be established for Automotive, Trucks, Boats or Motorized Vehicle Sales Lots. 2 401.15.G.11 (Pages 31-32) The Changeable Copy Sign requirements were added here. 401.15.G.15.c) (Page 35) The provisions for out of business signs were clarified. Conclusion The Planning Commission should review the changes that have been made to the draft and review the comparison of businesses based upon existing vs. proposed regulations. 3 Draft—August 4, 2015 12'17 401.15.G. Signs. 401.15.G.1. FINDINGS, PURPOSE AND EFFECT: a. Findings: The City finds: of the environment welfate, 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. 2 33401.15.G.4. DEFINITIONS. Note: The sign definitions are included in Section 401.028. The Planning Commission should discuss whether this section should be eliminated from 401.15.G. Note the definitions that Staff proposes to remove. 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. A ••• e: A : - - - - - - - _e : - • - - e•- - - • - - - - 6. Balloon: A flexible, inflated bag in various shapes and colors. 7. Banner: Attention getting devices which resemble flags and are of a paper, 8. Bannerette: Flexible material that resembles a flag, and has minimum 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 4 sequence is accomplished immediately or by means of fade, re-pixelization or dissolve modes. 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. - - - - - - - 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. 5 • 29. Multi-Faced Sign: Any sign with a sign face oriented to more than two (2) directions. 33 30. Multivision Sign: 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. - - : ' - - - - - - - • - - -- -- - - • - - - -- - - - - - - e • 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. /16. Ribbons or Streamers: Long or varied lengths of floxible material-used to deserate. 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 Sign: 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 it 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 . i . Ordinance. 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. The maximum brightness of the signs in combination with the building and site lighting shall not exceed the standards found in Section 401.15.B.7 of this Ordinance. 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 tho 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 10 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. e. 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 (1) nameplate or address 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. 11 2) One nameplate or address sign, placed on the wall of the structure, for each dwelling group of three or more units or commercial business. The sign may not exceed six (6) square feet in area. Lots abutting more than one (1) right-of-way shall be allowed one (1) sign not to exceed six (6) square feet in area per frontage. 3) 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. 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. 4) 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. 12 a) Not more 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. d)--the sign(s) shall be located to accommodate said sign and sign(s) are to be located on outlots, the outlots shall be c) The area around the sign shall be landscaped in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and Zoning Administrator f) The design and construction of the sign shall be done with tho highest quality materials and workmanship to keep compatible with nearby structures in the area. Detailed previded-#hat a) One (1) sign shall be allowed per project or subdivision or street, whichever is greater. b) The area of the sign shall not oxcced sixty four(64) square feet. 13 night (8) feet. 401.15.G.7. PROHIBITED SIGNS IN ANY ZONING DISTRICT. The following signs are prohibited in all zoning districts: a. Any sign that will obstruct or impair 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. 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. 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. 14 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. 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 five(5`special eventsper calondar year. Tho totor of a total of fifty(50)special event days in acalendaryear . _ • -• •e _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 (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 shall-not -- _ _ • _ _ __ _•_ : 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 profession ally done and the following standards are met and complied with: 15 1) Small Balloons. a) The sizc of small balloons or a group of connected balloons be-allowed messages. c) Helium balloons shall be refilled daily. 2) Tents. a) Tcnts, including all ties, ropes, stakes, etc., shall be located 31 3) Bannerettes and Pennants. a) Bannercttcs and pennants may be attached to poles, tents, 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, provided that they are well secured and are prevented from 22 - 16 22 oxcocd one hundred forty (1 X10) square feet. The applicant (28) square feet as long as the total size of the banners does 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: 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. 17 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) 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. 2) 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. 3) 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. 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 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. 5) 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. 18 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: . . _ two (2) square feet in area per frontage. 1) 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: 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. 2) 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. 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— Non-Residential Uses in the 0, Open Space Conservation District 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 district. 19 (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 bo shielded to prevent lights from being properties, buildings or streets. 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 '01.15.G.5 of this Ordinance upon request by the zoning administrator. 5) 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; 20 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. a) Onc manual or electronic changeable copy sign shall be allowed per site provided that the changeable opy 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 rosidential dist-lot (3) The changeable copy portion of the sign shall not copy and graphic area of the sign. (4) The sign mossage 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 properties, buildings or streets. 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. 21 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. 5) 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; B-W Business Warehousing; and I, Industrial Districts. Except as otherwise provided in this Ordinance, single occupancy business signs in these districts shall be limited to: 1) Maximum Allowable Sign Area. Column A Column B Column C Allowable Percentage Total Sian Arc& Allowable Allowable 8-2 and B 3 Districts 100 SF or 15% up to 300 SF $-W and I Districts 125 SF or 18% up to 400 SF €eetnotes: approved planned unit development 1) Freestanding Signs. a) Size of sign permitted is determined by the gross square footage of the principal structure located in the development. 22 b) A maximum of one (1) freestanding sign is allowed upon any single lot. -•- - _ • _ _ - -_ _ 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: (1) The signs are constructed as a monument sign--and (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 together with for the lot. a slopo of throe to one (3:1) whore the bcrming is Landscaping shall be providod on the slopes of the (5) Signs allows pursuant to Section 401.15.G.6 of this Ordinance, area of all wall signs on the site, except for wall and 4 . • 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: 23 Pylon Monument Principal Structure Height Sign Size Height Copy and (Gross Square Feet) (feet) (square (feet) Graphic feet) (square feet) Multiple Occupancy 20 100 20 100 Business Buildings Destination Retail Highway 40 200 20 100 District 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 2) 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) two (2), 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. c) The cumulative total sign area, when added to the gross sign allowable sign area pursuant to Section 101.15.G.6 of this under Section 101.15.G.9.d.1) of this Ordinance. 24 street. No building site may have signage in excuse 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 Multiple Occupancy 200 square feet of 10 300 square feet. Business Buildings percent of the wall face, whichever is less Destination Retail Highway 250 square feet or 10 400 Square feet District percent of wall face, whichever is less 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 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 The Planning Commission should discuss whether these should be updated and moved to another location in the Ordinance. Zoning ldent& Freestanding Wall Temp Perm District cation Winde Window Al Res: Nen- All Res Nen- w Uses Res: Uses Res A — — 24 ae' — 24 4O4 25%* 25 R 1/R 2 — — 322 404 — 322 40; — 25%6 R-3 — — 24 40° — 24 40; — 25%6 R-B 4 40 — — 40 — — 4Q%7 25%6 84 4 40 — — 40 — — 404/07 25%6 8-2 4 400a — — —a — — 409,V 250/08 8-3 4 4803 — — —a — — 48 44,7 2636 8-4 4 a — — -a - - 40942 25%° 8W 4 4000 — — -- - - 400/02 25%6 1 4 4008 - - -6 - - 49%7 25%® R-I — 40 — — 40 — — — 25%6 * Zoning Freestanding -Freestanding Wail Address District Monument 8 3 8 3 R1/R2 8 6 3 R-3 8 8 33-in- R-B 8 8 3 6-4 8 8 3 13-2 3 20 3,5-in, 6-3 8 20 3,5-in, 6-4 8 20 3.5 in. 8W 8 20 3:5-ins 1 8 20 3.5 in. P4 8 8 3.5 in. 33 3) Changeable Copy Signs— Manual and Electronic as regulated in Section 401.15 of this Ordinance. 26 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 • -- from any side or rear lot line abutting a residential dust. (3) The changeable copy portion of the sign shall not copy and graphic area of the sign. (�) The sign message shall not change less than every ten change not less than every three (3) soconds. 5) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being properties, buildings or strccts. 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. 27 401.15.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. a) Ono(1)freestanding sign for business developments as part of .. _ Al b) For single occupancy lots and business developments as part A . • Ordinance shall be increased to allow one (1) sign not height of thirty(30) feet. The freestanding sign baco shall be 2) Wall Signs. For single occupancy lots and business developments 28 i . - - - - . . - . . _ -•II 1 1 - - - • - •• - ••• - •• . for single occupancy commercial structures of one hundred thousand .. III - - - 1) Freestanding Signs. The freestanding sign allowances found in .. _ . . • -•e - e - _ . .. • • C. Multiple Occupancy Business Buildings, Industrial Buildings,and Lots. 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). 29 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. of Section 401.15.G.9 of this Ordinance. The freestanding sign may 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 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. d. Automotive, Trucks, Boats or Motorized Vehicle Sales Lots. The Planning Commission should discuss whether to allow specific standards for auto, truck and other motorized vehicle sales lots. 30 401.15.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 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)wafts 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. 31 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. 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 32 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. 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. 33 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. 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, 34 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. 2) Wall signs(cabinet). A blank face shall be inserted in the cabinet that is not illuminated. 3) Freestanding Signs. A blank face shall be inserted in the cabinet that is not illuminated. - - •_ - -- - e= _ - -e - - . 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, 35 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. 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 Draft—August 5, 2015 401.15.G. Signs. 401.15.G.1. FINDINGS, PURPOSE AND EFFECT: a. Findings: The City finds: 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. 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. 1 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. 401.15.G.4. DEFINITIONS. Sign Related: 1. Alteration: Any change to a sign excluding routine maintenance, repair, painting or change of copy of any existing sign. 2. 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. 2 3. Artificial Light: Illumination resulting from internal or external artificial light sources, including glare and reflected light byproducts of artificial light sources. 4. 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. 5. Bench Signs: A sign which is affixed to a bench such as at a bus stop. 6. 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. 7. Cabinet Sign: A sign that has framing around the entire sign message with a removable face. 8. 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. 9. 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. 10. Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment. 11. Copy: The wording on a sign surface either permanent or removable letter form. 12. 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 3 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. 13. 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. 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. 14. 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. 15. Freestanding Sign: A self-supported sign not affixed to another structure. 16. 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. 17. Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. 18. 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. 18. Marquee: See canopy. 20. 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. 4 21. 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. 22. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives illusion of motion. 23. Multi-Faced Sign: Any sign with a sign face oriented to more than two (2) directions. 24. Multivision Sign: 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. 25. Neon Sign: Any sign that utilizes a brightly colored gas discharge lamp without filaments that is bent into letters or designs. 26. 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. 27. 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. 28. 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. 29. On-Premises Messages: Identify or advertise an establishment, person, activity, goods, products or services located on the premises where the sign was installed. 5 30. 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. 31. 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. 32. Principal Frontage: The wall of the principal building on a lot which fronts toward the principal public streets. 33. Projecting Sign: A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. 34. Public Entrance: Any passage or opening which affords entry and access to the general public or customer. 35. Public Entrance, Common: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants. 36. 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. 37. Roof Line: The top of the cornice or, when the building has a pitched roof, the intersection of the outside wall with the roof. 38. 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. 39. Rotating Sign: A sign which revolves or rotates on its axis by mechanical means. 40. 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. 41. 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. 6 42. Sign Area: The surface of the sign upon, against or through which the message of the sign is exhibited. 43. 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. 44. Sign Structure: The supports, uprights, bracing and framework for a sign. 45. Special Events: A temporary indoor or outdoor promotional or sales event. 46. 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. 47. 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. 48. 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. 49. 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. 50. Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. 51. UL Approved: A device which has been approved by the "Underwriters' Laboratories". 52. Video Display Sign: 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 7 signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. 53. 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. 54. Wall Graphics: A sign painted directly on an exterior wall. 55. 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. GENERALPROVISIONS. 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. 8 g. Sign Maintenance. 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. 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 on fabric awnings is prohibited. I. 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. Where appropriate,the U.S. Flag Code, Minnesota Statutes or Executive Order shall apply to Federal and/or State flag displays. 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. 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. 9 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 (1) nameplate or address 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. 2) One nameplate or address sign, placed on the wall of the structure,for each dwelling group of three or more units or commercial business. The sign may not exceed six(6) square feet in area. Lots abutting more than one (1) right-of-way shall be allowed one(1)sign not to exceed six(6)square feet in area per frontage. 3) 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. 10 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. 4) Upon approval of a final plat for a subdivision 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. 401.15.G.7. PROHIBITED SIGNS IN ANY ZONING DISTRICT. The following signs are prohibited in all zoning districts: a. Any sign that will obstruct or impair 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. 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. Roof signs. g. Signs displayed on vehicles within open sales lots. h. 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. 11 i. Portable signs. j. Wall graphics. k. Beacons. Multi-faced signs. m. Signs supported by guy wires. n. Cabinet signs on buildings, except for logo signs. o. 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 p. All signs over four hundred (400) square feet in area. q. Dynamic display signs. r. Electronic graphic display signs. s. Multivision signs t. Video display signs. 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. b. Number of Events. The business or applicant in all business and industrial 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 a total of fifty(50) special event days in a calendar year 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. c. Events in the Destination Retail Highway District. The business or applicant in the Destination Retail Highway District shall be allowed a total of one hundred eighty (180) special event days in a calendar year 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. 12 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) Balloons. 2) Tents. 3) Bannerettes and Pennants. 4) Banners. 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: 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. 4) Additional lighting that does not meet this Ordinance. 5) Any sign or display in the public right-of-way. 6) 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. 13 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) 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. 2) 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. 3) 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. 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 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. 5) 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. 14 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) 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: 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. 2) 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. 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. 4) 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. 5) 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. 15 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. 4) Changeable Copy Signs- Manual and Electronic— P/I, Public Institutional District as regulated in Section 401.15 of this Ordinance. 5) 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; B-W Business Warehousing; and I, Industrial Districts. Except as otherwise provided in this Ordinance, single occupancy business signs in these districts shall be limited to: 1) 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. The freestanding sign base shall be surrounded with a landscaped planter at least three (3)feet in height and constructed of materials to match the principal building. The planter shall 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: (1) The signs are constructed as a monument. (2) Decorative shrubbery and/or flowers must be incorporated as a part of the monument design and are maintained on a regular basis. 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: 16 Pylon Monument Principal Structure Height Sign Size Height Copy and (Gross Square Feet) (feet) (square feet) (feet) Graphic (square feet) Multiple Occupancy 20 100 20 100 Business Buildings Destination Retail Highway 40 200 20 100 District 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 2) 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) 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) feet in height upon the lot. (2) The wall signs shall be identical in style, color and size. 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: 17 Principal Structure Individual Wall Sign Total Wall Signage for (Gross Square Feet) Calculation Property Multiple Occupancy 200 square feet of 10 300 square feet. Business Buildings percent of the wall face, whichever is less Destination Retail Highway 250 square feet or 10 400 Square feet District percent of wall face, whichever is less 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 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 3) Changeable Copy Signs— Manual and Electronic as regulated in Section 401.15 of this Ordinance. 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. 18 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. c. Multiple Occupancy Business Buildings, Industrial Buildings,and Lots. 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) 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 individual signs shall be located only on exterior walls which they are directly related to the use being identified. 19 ICI 4) 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. 5) 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. d. Automotive, Trucks, Boats or Motorized Vehicle Sales Lots. The Planning Commission should discuss whether to allow specific standards for auto, truck and other motorized vehicle sales lots. 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: a) Changeable copy signs shall only be on freestanding signs. b) 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. c) 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. d) 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. 20 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 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. 21 b) Enlarged. c) Re-established after its removal or discontinuance. 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. 22 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. 23 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. 24 2) Wall signs(cabinet). A blank face shall be inserted in the cabinet that is not illuminated. 3) Freestanding Signs. A blank face shall be inserted in the cabinet that is not illuminated. 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 25 of the public streets or interfere with the function of the Police and Fire Departments of the City. 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. 26 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: August 6, 2015 RE: Oak Park Heights — Sign Revisions TPC FILE: 236.12 At their July 9, 2015 meeting the Planning Commission discussed the draft sign revisions. City Staff indicated it would review previous developments and compare the impact of the existing versus the proposed regulations. Please find the results: Principal Structure — Less than 5,000 Square Feet: 1. White Castle, 2,500 square feet Signage: Freestanding Monument Signage. The Planned Unit Development approvals for this project do not allow for additional freestanding signage for this project. The applicants have proposed only wall signage. Wall Signage. The Zoning Ordinance allows for a total of two wall signs, each on separate facades. The proposed sign plan indicates two wall signs, one on the front façade facing 60th Street and the other facing east. Total Allowable Signage. The total square footage of signage shall not exceed 300 square feet for the site. The wall signs are 41 square feet each for a total of 82 square feet. Any additional signage, including all directional signs shall be subject to review and approval of City Staff The signage would be compliant under the existing and proposed regulations. 2. Joseph's, 4,700 Square feet Freestanding Sign. The applicant has proposed reusing the existing pylon sign structure but will replace the faces to include the new logo for Joseph's. The sign structure is grandfathered. The Applicant has indicated that the tower feature on the sign shall be removed. Wall Signage. The elevation plans indicate one wall sign that would be 38 square feet. The sign is well within the allowances for a wall sign. The signage would be compliant under the existing and proposed regulations. Principal Structure — 5,000 to 10,000 Square Feet 1. McDonald's, 5,144 Square Feet Freestanding Sian. The applicant has proposed that the existing freestanding sign at the front of the building remain as is. The sign is 35.6 feet in height and the face of the sign is set at the property line. The current sign includes a changeable message board. The Zoning Ordinance would allow one freestanding sign on the site no more than 100 square feet and at a maximum height of 20 feet. The sign, by ordinance, should be set back five feet from the property line. The sign is a legal non-conformity, but as part of any redevelopment conditional use permit, the City could require the sign to be removed and be replaced with a conforming freestanding sign. Staff recommends that it be removed and replaced with a compliant sign. In 2009, the City Council approved the project with the retention of the existing freestanding sign. Wall Signage. The following wall signage is proposed: Total No. Total Sign Square Feet of Signs Square Feet North Façade: 10.75 square feet 1 10.75 McDonald's 41.25 square feet 1 41.25 East Façade: "M" 10.75 square feet 1 10.75 McDonald's 41.25 square feet 1 41.25 South Facade: "M" 10.75 square feet 1 10.75 West Façade: "M" 10.75 square feet 1 10.75 TOTAL 7 125.5 2 The Zoning Ordinance would allow for two wall signs on separate building facades. The total allowable sign area, with the freestanding signs, would be 300 square feet. The applicant has proposed a total of seven wall signs with a total of 125.5 square feet. For other businesses along Highway 36, the City has granted variances for numbers of allowable signs, and usually allowed a total of three wall signs. Staff recommends that a variance be granted for three wall signs, each on a separate façade, with either the "M" or "McDonald's" being the choice of the applicant. McDonald's was granted a variance for the number of wall signs and the City Council allowed the existing arches sign to remain. The proposed regulations would also require a variance for the number of wall signs but the sizes would be compliant. 2. Applebee's, 5,448 Square Feet Freestanding Signage. The existing freestanding sign will remain but the signage on the pylon will be updated. The proposed pylon signs will be a total of approximately 168 square feet. Since the freestanding sign was installed, the signage requirements have changed. Pylon signs are permitted to be 20 feet in height and contain a total of 100 square feet of signage. The existing sign is 44.3 feet and has approximately 191 square feet of signage. The Design Guidelines indicate that ground or monument signs are encouraged over pylon signs. As part of the Design Review process, the City can require that the freestanding sign be brought into conformance. The Planning Commission should discuss whether this sign should be lowered to 20 feet and the signage is limited to 100 square feet. Wall Signage. The Zoning Ordinance allows for a total of two wall signs, each on separate facades. The current proposal provides for a replacement of the Applebee's logo on the two façade wall signs. That portion of the sign that reads "Neighborhood Bar and Grill" would remain. The overall amount of wall signage will decrease slightly with this change. The "Curbside to Go" wall sign was previously allowed by variance and would remain. A pylon sign was constructed at 100 square feet and 20 feet in height. The wall signage was allowed by variance for number of signs. The signs would now be allowed under the proposed regulations and no variances would be required. 3. Tire Proz, 6,800 Square Feet Freestanding Sign. The Zoning Ordinance allows for one freestanding sign not exceeding 20 feet in height and 100 square feet in sign area. The plans indicate that the existing freestanding sign will be enclosed to appear as a monument sign. The sign is 14 feet in height and the message portion of the sign is 24 square feet. The Planning Commission should comment on the design of the sign. It should incorporate other materials to tie in with the building such as the concrete masonry units. The base of the sign has been landscaped. 3 Wall Signage. The Zoning Ordinance allows for a total of two wall signs, each on separate facades. The proposed sign plan indicates two wall signs, one on the front façade facing 60th Street and the other facing east. Total Allowable Signage. The total square footage of signage shall not exceed 300 square feet for the site. The wall sign facing 60th Street is 61 square feet and the other facing east is 137 square feet. The total signage proposed for the site, including the monument sign is 222 square feet. The signage was compliant under the existing regulations but would not comply with the sign size and total wall sign requirements of the proposed regulations. 4. Auto Zone, 7,400 Square Feet Freestanding Signage. A pylon sign is proposed at the front of the site near the private road. The sign is 20 feet in height (20 feet allowed) and the signage is 100 feet (100 feet allowed). The sign does not include the landscaped base as required by the Zoning Ordinance. The Design Guidelines indicate that ground or monument signs are encouraged over pylon signs. Staff has asked the applicant to provide an alternate plan for a monument sign. Most of the freestanding signage in the City since the Design Guidelines were implemented has been a monument sign. Wall Signage. The Zoning Ordinance allows for a total of two wall signs, each on separate facades. The proposed sign plan indicates two wall signs, one facing east and one facing 60th Street. One of the wall signs is 106 square feet and the other is 103 square feet. Total Allowable Signage. The total square footage of signage, including the monument sign shall not exceed 300 square feet for the site. The total of all requested signage is 309 square feet. The applicant will need to revise the sizing of the signage to comply with the Zoning Ordinance. The signage was reduced in number and square feet to comply with the existing regulations. The signage would exceed the allowances for the freestanding sign size and for the wall sign size and total wall sign requirements of the proposed regulations. 5. New Horizon Academy, 7,478 Square Feet Freestanding Signage. There is no freestanding signage proposed. The applicants have the option of locating signage on the existing shopping center freestanding monument and pylon signs if space is available. Wall Signage. The Zoning Ordinance allows for a total of two wall signs, each on separate facades. The current proposal provides for placement of the New Horizon 4 Academy logo on the east, south and west elevations. A variance is required for the third wall sign. The Zoning Ordinance allows for up to 18 percent of the front building façade (400 square feet) to a maximum of 500 square feet of signage in the Destination Retail Highway Sign District. The plans indicate a total of 256 square feet of signage with the three proposed signs. A variance was given for the number of signs under the existing regulations. A variance would now not be required under the proposed regulations for the numbers of signs, but the overall square footage would be exceeded. The signage would be compliant under the existing and proposed regulations. 6. Hall Building, 7,500 Square Feet Freestanding Sian. The applicant has proposed reusing the existing pylon sign but has not proposed a location. The sign can be a maximum of 100 square feet in size and be no more than 20 feet in height. The Design Guidelines recommend the use of monument signs within this area. Wall Signage. The Zoning Ordinance would allow for separate tenant signs in that it is a multi-tenant building. The signs would need to comply with the Zoning Ordinance requirements as the tenant spaces are leased. A compliant monument sign was constructed and the tenant signage installed so far has been consistent with the existing regulations. The signage would be compliant with the proposed regulations. Principal Structure — 10,000 to 100,000 Square Feet 1. Aldi, 17,886 Square Feet Freestanding Monument Signage. A monument sign is proposed at the corner of Nova Scotia Avenue and 60th Street. The sign is 13 feet, 10 inches in height (20 feet allowed) and the signage is 80 feet (100 feet allowed). The sign is surrounded by landscaping in conformance with the Zoning Ordinance. Wall Signage. The Zoning Ordinance allows for a total of two wall signs, each on separate facades. The proposed sign plan indicates four wall signs, two facing Nova Scotia and two facing 60th Street. The two additional signs would require a variance which has been requested by the applicant. A review of the sign variance is in a following section. Total Allowable Signage. The total square footage of signage, including the monument sign shall not exceed 300 square feet for the site. The total of all requested signage is 185 square feet or 115 square feet below the maximum. 5 A variance was required for numbers of signs under the existing regulations. The freestanding sign would be compliant with the proposed regulations but a variance would still be required for the number of signs. 2. Fury Motors, 58,657 Square Feet (Destination Retail Highway District) Freestanding Signs. The applicant has proposed a 40 foot pylon on the north side of the site. The plans indicate that size of the sign is 160 square feet. The property is within the Destination Retail Highway Sign District which would allow one freestanding sign of 150 square feet and a maximum height of 30 feet. The sign would require a sign height and size variance. Another freestanding sign is proposed on the west side of the site and will be 20 feet in height and 68 square feet. This would also require a variance for the additional freestanding sign. The sign bases will be landscaped. The Design Standards recommend the use of ground or monument signs rather than pylon signs. Most of the new signs constructed along the Highway 36 frontage in recent years have been monument signs. The Planning Commission should discuss this issue. Wall Signage. The following wall signage is proposed: Total No. Total Sign Square Feet of Signs Square Feet West Elevation Chrysler—41.6 6 308.94 Dodge—30.28 Jeep—58.4 Fury—51.27 Ram —40.7 Service—86.69 South Elevation 0 0 0 North Elevation Chrysler—20.58 5 110.61 Fury—25.8 Dodge— 15.0 Jeep—28.73 Ram —20.5 East Elevation 0 0 0 TOTAL 11 419.55 The Zoning Ordinance would allow for two wall signs on separate building facades. The total allowable sign area on site, with the freestanding signs, would be 500 square feet. The applicant has proposed a total of 11 wall signs with a total of 420 square feet. The proposed freestanding signs total 228 square feet for a site signage total of 648 square feet. The Planning Commission will need to consider a variance for the size, number 6 and height of the freestanding and the total site signage that exceeds the total allowable by 148 square feet. The variances were granted to allow the signage as proposed under the existing regulations. Under the proposed regulations, variances would be needed for the second pylon sign, but the 40 foot tall sign would be allowed. The number of wall signs would require a variance as well as the amount of wall signage. 3. Stillwater Motors, 88,173 Square Feet (Destination Retail Highway District) Proposed Changeable Sign. The Applicant has proposed a new changeable copy sign along Highway 36. The sign is proposed at 50 feet in height (30 feet allowed) and would be 184 square feet in size. The regulations for electronic signs indicate that the changeable copy portion of the sign shall not occupy more than 35 percent of the actual copy and graphic area of a freestanding sign. The sign is proposed to be 100 percent changeable copy. This sign would require a variance from the provisions for height, to allow an additional freestanding sign (one allowed on site, this would put the total at five), to allow for a sign greater than 150 square feet and allow for 100 percent changeable copy. The Planning Commission should consider this request and determine if a variance is warranted. The Applicant has indicated that the sign could be lowered to 40 feet. Allowable Sign Area. Within the Zoning Ordinance provisions, the total allowable sign area on site, with the wall and freestanding signs, would be 500 square feet. Currently there are 10 wall signs with a total of 423 square feet. The proposed, approved and existing freestanding signs will total 518 square feet for a site. The Applicant has indicated that they propose not to remove the Buick and Chevrolet wall signs on the north side of the building which total 184 square feet. The resulting total signage on the site will be 941 square feet. The applicant has requested a maximum total of 960 square feet. The variance approved by the City Council on January 13, 2015 granted a total of 760 square feet. Pylon Signage. The existing and proposed total of freestanding signage is as follows: Sign Square Feet Sign Message Height Existing North Collision Center 25 80 Pylon Existing Northeast Chevrolet/Buick 40 127 Pylon (Approved) 7 Existing East Pylon Chevrolet Truck 28 77 Approved Changeable Copy 15 50 Changeable Copy Sign — Stillwater Blvd. Proposed Changeable Copy 50 184 Changeable Copy Sign — Highway 36 Total 518 Wall Signage. Total No. Square Feet Sign Message of Signs West Elevation Service 2 21.3 Body Shop 31.3 South Elevation Delivery 2 25 Stillwater Motors 58.11 North Elevation Buick 2 184 Chevrolet East Elevation Certified Service 2 33.8 Buick Emblem 20.53 Southeast Bowtie 2 13.37 Elevation Chevrolet 35.37 Signature Total 10 422.78 The City Council approved the request with four pylon signs, a 40 foot sign of 160 square feet, and a total of 760 square feet of signage on the site. The 10 wall signs had already been allowed with 422 square feet. Under the proposed regulations, the same variances would be required except that the 40 foot pylon would be allowed as well as the sign size of 160 square feet. 8 Principal Structure — 100,000 to 200,000 Square Feet 1. Menards, 160,680 Square Feet Menards was given sign variances in 1995 to allow for a 200 square foot pylon sign, a 312 square foot Menard's sign, a 60 square foot welcome signs and six additional wall signs. In 1998 a variance was granted that allowed two additional wall signs. The variances allowed the additional number of wall signs, the size of the pylon and wall sign, and the overall amount of signage area. Variances were granted for number of wall signs, the size of the pylon and wall sign and the overall amount of signage area under the existing regulations. Under the proposed regulations, variances would still be required for the number of signs, the size of the signs and the overall amount of signage area. Principal Structure — Greater than 200,000 Square Feet 1. Walmart, 207,139 Square Feet Sign Size Proposed Location Walmart Building: Walmart 190 square feet Front Elevation Super Center 39 square feet Front Elevation Low Prices 44 square feet Front Elevation Food Center 50 square feet Front Elevation Tire and Lube Express 46 square feet Front Elevation We Sell For Less 68 square feet Front Elevation Liquor 18 square feet Front Elevation Garden Center 57 square feet Front Elevation Walmart Tire and Lube Express 40 square feet Front Elevation Total 552 square feet Remote Pharmacy: Walmart 48 square feet West Elevation Pharmacy Drive - Through 31 square feet North Elevation Total 79 square feet Monument Sign: Walmart/Super Center 110 square feet Lot Front The Walmart was approved with the signs above except that the Low Prices sign and We Sell For Less on the front façade were eliminated. This reduced the total wall 9 signage to 519 square feet. The monument sign was reduced so that it was complaint at 100 square feet. A variance and conditional use permit were granted to allow the additional wall signs and to exceed the overall sign area when the project was approved. Under the proposed regulations, a variance would still be required for the numbers of signs and the overall signage area. The Planning Commission may consider increasing the total wall signage allowances for buildings of this size in the proposed regulations. 10