HomeMy WebLinkAbout2015-09-10 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING AGENDA
Thursday, September 10, 2015
7:00 P.M.
I. Call to Order
II. Approval of Agenda
III. Approve August 13, 2015 Planning Commission Meeting Minutes (1)
IV. Department/Commission Liaison/Other Reports
V. Visitors/Public Comment
This is an opportunity for the public to address the Commission with questions or concerns not on the
agenda. Please limit comments to three minutes.
VI. Public Hearings
A. Fence Ordinance 401.15.E—Consider amendment to Zoning Ordinance
401.15.E—Fencing, Screening & Landscaping clarifying and amending
language as to requirements and specific fence standards. (2)
VII. New Business
A. Consider 2016 Meeting Schedule & Council Meeting Representation Schedule (3)
VIII. Old Business
A. Oak Park Heights— Sign Revisions (4)
IX. Informational
A. Upcoming Meetings:
• Tuesday, September 22, 2015 City Council 7:00 p.m./City Hall
• Thursday, October 8,2015 Planning Commission 7:00 p.m./City Hall
• Tuesday, October 13,2015 City Council 7:00 p.m./City Hall
• Tuesday, October 27, 2015 City Council 7:00 p.m./City Hall
B. Council Representative
• Tuesday, September 22, 2015 —Commissioner Bye
• Tuesday, October 27, 2015 —Commissioner Kremer
X. Adjourn.
ENCLOSURE 1
CITY OF OAK PARK HEIGHTS
; -- PLANNING COMMISSION MEETING MINUTES
Thursday,August 13,2015—Oak Park Heights City Hall
Call to Order: Chair Kremer called the meeting to order at 7:00 p.m.
Present: Commissioners Anthony, Bye, Nelson, and Kremer; City Planner Richards, City
Administrator Johnson and Commission Liaison Liljegren. Absent: Commissioner Thurmes.
II. Approval of Agenda:
Commissioner Nelson, seconded by Commissioner Bye, moved to approve the Agenda as
presented. Carried 4—0.
III. Approval of July 9, 2015 Meeting Minutes:
Commissioner Bye, seconded by Commissioner Nelson, moved to approve the Minutes as
presented. Carried 4 - 0.
IV. Department/Commission Liaison / Other Reports: City Administrator Johnson provided an
update to roadway reconstruction work to the northeast portion of the City, noting that it is
expected to wrap up by or in October. He also noted the former Amoco station at the corner of
60th St. & Osgood Ave. was recently demolished.
V. Visitors/Public Comment: None.
VI. Public Hearings:
A. Range 082—xxxx Memorial Ave. N. Subdivision, Site Plan&Design Guidelines
Review,Allowing an Indoor Shooting Range at Memorial Ave. N.
City Planner Richards reviewed the August 6, 2015 planning report to the request for
a proposed indoor shooting range and related retail component and provided an issue
analysis to the same, noting updated information was received by the applicant and
has been provided to the Commission for the public hearing.
Brief discussion was had as to whether or not there was the potential to expand the
range activity to outside of the building,requirements for architectural interest to the
structure and inclusion of a bicycle rack at the site.
Chair Kremer opened the public hearing and invited the applicant to address the
Commission.
Planning Commission Minutes
August 13,2015
Page 2 of 4
Steve Erban of Out of the Box Architecture— 11200 Stillwater Blvd, #103, Lake
Elmo, MN 55042 introduced himself as the architect to the project,representing the
owners of the project.
Mr. Erban noted that he and the project owners are all local and discussed the
structure exterior design elements with regard to aesthetics, functionality and
sustainability, sharing building material samples.
Mr. Erban made himself available for questions and responded to Commission
inquiry as to interior transition from retail area to shooting area, noting that the
shooting range will be visible through insulated,bullet proof glass. Erban reviewed
the process of controls used for moving within the building, classroom spaces and
how the view at the Memorial entry will be designed and landscaped.
Commissioner Nelson left the meeting at 7:35 p.m.
Chair Kremer asked if there were any further questions or if there were any visitors
to the audience who wished to speak. There being none, Chair Kremer closed the
public hearing.
Chair Kremer noted that Commissioner Nelson had to leave; however left
communication that she supported the project.
Commissioner Bye, seconded by Commissioner Anthony,moved to recommend the
City Council approval, subject to the amended conditions of the August 6, 2015
Planning Report, specifically that:
1. The preliminary and final plat shall be subject to review and approval of the
City Attorney and City Engineer.
2. The site plan shall be subject to review and approval of the Fire Marshall.
3. The landscape plan shall be subject to the review and approval of the City
Arborist. Additional landscaping shall be added along the fence line of the
northwest elevation.
4. All grading, drainage, erosion control, and utility plans are subject to review
and approval of the City Engineer. Storm water plans are also subject to
review and approval of the Valley Branch Watershed District.
5. All light fixtures shall be full cut off, compliant with the height requirements,
and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it
relates to lighting requirements. Outdoor lighting for the parking areas shall
be turned off one hour after closing, except for approved security lighting.
Planning Commission Minutes
August 13,2015
Page 3 of 4
6. A photometric plan is required for City staff review and approval.
7. All mechanical equipment on the roof or on the site shall be fully screened in
accordance with the provisions of the Zoning Ordinance.
8. Sound levels generated from the site shall be in compliance with Section
401.15.B.11 of the City Zoning Ordinance. All of the gun range activity is to
be conducted indoors. There will be no range activity outside of the building.
9. All signs shall be designed to comply with the Zoning Ordinance
requirements for cut off and illumination.
10. The Planning Commission was favorable to the building materials. The
applicant shall provide building material samples for City Council review.
11. The City shall reserve the right to obtain easements, at no cost, along
Memorial Avenue North to allow for potential trail construction.
12. A bike rack should be identified on the site plan and placed on site.
Carried 3 —0.
VII. New Business: None.
VIII. Old Business:
A. Oak Park Heights— Sign Revisions:
City Planner Richards reviewed his Memorandum of August 6, 2015 and discussed
changes made to the revised draft of sign ordinance 401.15.G.
Discussion commenced as to the language related to definitions,regulation of content
situations, special event permitted and prohibited signs and displays—clarifying the
use of banners/bannerettes and allowing, to some extent, air inflatable devices,
animated signs, dynamic display signs, electronic graphic display signs, Multivision
signs, light bulb strings,portable signs,ribbons, and streamers for special event
periods.
The area currently considered retail-highway district was discussed. Planner
Richards stated that he would provide a map for the Commission to review
at their next meeting. Discussion was had as to whether or not to allow specific
standards for auto, truck and other motorized vehicle sales lots and potentially
removing the number of signs requirement and working with the square footage of
allowable sign requirements.
Planning Commission Minutes
August 13,2015
Page 4 of 4
Commissioner Kremer suggested the Commission review the material again and that
review of City Planner Richards changes and questions be addressed at the next
meeting, with scheduling of the public hearing to follow. The Commission
complimented Richards on his work to amending the ordinance.
IX. Informational:
A. Upcoming Meetings:
• Tuesday, August 25, 2015 City Council 7:00 p.m./City Hall
• Tuesday, September 8, 2015 City Council 7:00 p.m./City Hall
• Thursday, September 10, 201 Planning Commission 7:00 p.m./City Hall
• Tuesday, September 22, 2015 City Council 7:00 p.m./City Hall
B. Council Representative
• Tuesday,August 25, 2015 —Commissioner Anthony
• Tuesday, September 22, 2015—Commissioner Bye
• Tuesday, October 27, 2015—Commissioner Kremer
X. Adjourn. Commissioner Anthony, seconded by Commissioner Bye,moved to adjourn
at 8:15 p.m. Carried 3 —0.
Respectfully submitted,
Julie Hultman
Planning&Code Enforcement
Approved by the Planning Commission:
TP 3601 Thurston Avenue N, Suite 100 ENCLOSURE 2.
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.corn
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: September 28, 2015
RE: Oak Park Heights— Fence Revisions
TPC FILE: 236.01 — 15.01
BACKGROUND
Through the course of this summer, the City has dealt with a number of fence permits
and Julie Hultman, the Building Official, has found that the current regulations provide
practical difficulties in the interpretation as written. City Staff has reviewed the issues
and would suggest that the Zoning Ordinance be amended.
First, the definition of fence height includes specifications that should be included in the
fence provisions, and not the definition.
Secondly, the application requirements need to be clarified relating to how the lot line is
established between properties.
Thirdly, the specific fence standards need to be clarified and updated. The problem that
has been recognized is that the standard fence picket or panel from the building supply
store or the manufactured vinyl panels are set exactly at three, six, eight or ten feet.
The fence regulations specify a height from ground level to the top of the fence at not
more than three, six, eight or ten feet. Fences are often constructed such that the
panel or pickets are two or more inches off the ground and the fence posts, sometimes
with a decorative cap will also exceed the allowable height of four inches above the
panel.
ANALYSIS
Section 401.02.B Definitions
The current definition of fence height is as follows:
3. Fence, Height: The distance from the adjacent finished grade to the highest
projection of a fence structure, not including support posts, provided that the support
posts are no more than four(4) inches above the fence structure.
Staff suggests that the definition be revised so that the height requirement for support
posts is moved to the fence provisions in 401.15.E. The new definition would read as
follows:
3. Fence, Height: The distance from the adjacent finished grade to the highest
projection of a fence structure or support post.
Section 401.15.E.2 Fencing, Screen and Landscaping
The application requirements section currently reads as follows:
2. Application Requirements. Each application for a permit under this section
shall be submitted to the Zoning Administrator on forms provided by the City. Each
such application shall include a site plan drawn to scale showing the location of
house(s), garage(s), and other improvements on the lot and the location of the fencing
to be erected, altered or relocated. A certificate of survey shall be required for all
fences (including hedges and plantings) to be constructed up to or on the property line,
unless property stakes on the affected property lines are first located and marked by a
licensed and registered Minnesota surveyor and such surveyor shall provide a letter to
the City citing that they have located such property stakes. If the survey or property
stakes cannot be provided or established, an agreement shall be reached between
property owners as to the accepted property line.
The requirement to have the property lines marked by a surveyor for all fences
constructed up to or on the property line is expensive for the homeowner. It can be a
minimum of $500.00 to have a surveyor visit the property. If the homeowner knows the
locations of the pins, the surveyor visit would be unnecessary if the adjacent property
owner agrees to the property line. The last two sentences of this section could be
revised as follows:
2. Application Requirements. Each application for a permit under this section
shall be submitted to the Zoning Administrator on forms provided by the City. Each
such application shall include a site plan drawn to scale showing the location of
house(s), garage(s), and other improvements on the lot and the location of the fencing
to be erected, altered or relocated. A certificate of survey shall be required for all
fences (including hedges and plantings) to be constructed up to or on the
property line, unless property stakes on the affected property lines are first
located and marked by a licensed and registered Minnesota surveyor or an
agreement is reached between the property owners as to the accepted property
line.
2
Section 401.15.E.4 Fencing, Screen and Landscaping
The current regulations limit the height of most fences to three feet, six feet, eight feet or
ten feet in height. A standard fence picket or panel from the building supply store or the
manufactured vinyl panels are exactly three, six, eight, or ten feet. Fences are often
constructed such that the panel or pickets are two or more inches off the ground and the
fence posts, sometimes with a decorative cap will also exceed the allowable height of
an additional four inches above the panel. Changes in grade can also affect the height
of a fixed fence panel. It is suggested that the following changes be made to the fence
standards to address this issue:
4. Specific Fence Standards. The height of the fence shall be the distance
from the adjacent finished grade to the highest projection of a fence
structure or support post and shall be restricted according to the location as
follows:
a. Fences or walls located on or adjacent to any property line bordering a
public road or street shall not exceed six (6) feet, four (4) inches in
height. However, in no case shall any shrub, hedge or fence bordering
upon any street or sidewalk be constructed or allowed to grow to a height
which could obstruct safe driving visibility at intersections.
b. Fences or walls on or adjacent to the shore line of any navigable lake,
channel or stream shall not exceed three (3) feet, four (4) inches in
height. Fences or walls on or along that portion of a lot line from a
navigable lake, channel or stream to the rear side of the average building
construction line shall not exceed three (3) feet, four(4) inches in height.
c. Fences or walls on or within ten (10) feet or less from a common property
line between two adjoining lots or parcels not owned by the same person,
firm or corporation shall not exceed six (6) feet, four(4) inches in height.
The property owner shall provide written notification to adjoining property
owners concurrent with the application for a building permit for a fence
installation which is less than five (5) feet from a property line. Fences or
walls shall be permitted except as prohibited in sub-paragraphs b. and d.
hereof.
d. Fences or patio walls not exceeding eight (8) feet, four (4) inches in
height may be constructed without restriction on the interior of any lot or
parcel, providing no such fence or wall shall be closer than ten (10) feet to
any common property line between adjoining lots not owned by the same
person, firm or corporation (except as permitted under sub paragraph c.
hereof), and provided further in the case of lakeshore lots, no such fence
or wall shall be located so as to block or otherwise adversely interfere with
an adjoining property owner's lake view.
3
e. Open wire fences not exceeding ten (10) feet, four(4) inches in height
enclosing tennis courts, pools, and similar uses, shall be permitted without
restriction.
f. The support posts and caps for all fences shall not be more than
eight (8) inches above the height of the fence panel or pickets.
CONCLUSION
The Planning Commission should review the draft changes that have been made to the
fence regulations. City Staff has researched the fence regulations from Maplewood,
Stillwater, Lake Elmo, Bayport, Oakdale, and Woodbury. Please find excerpts from each
of the ordinances.
In that the changes to the Zoning Ordinance are relatively minor, City Staff has
published a public hearing for the September 10, 2015 meeting to consider the revised
fence regulations.
4
Maplewood, MN Code of Ordinances Page 1 of 1
Sec. 12-3. - Fences.
(a) A fence that is within four feet of a property line shall be subject to the following restrictions:
(1) Fences shall have a maximum height of six feet for residential and ten feet for nonresidential
uses.
(2) A fence in a front yard that is at least 80 percent opaque must be approved by the director of
community development if it is visible from an adjacent dwelling.The director may approve
the fence if it does not significantly impair views.
(3) A fence is subject to chapter 32, article VII,which pertains to sight obstructions at
intersections.
(4) The structural supports shall not be on the outside of a fence,facing the adjacent property.
(5) Barbed wire fencing shall only be used to fence in livestock on a farm and for top fencing
around commercial uses where the base fence is six feet or more high.
(6) Fences shall be constructed and maintained in a workmanlike manner.
(b) The city council may approve variations to this section after notifying the adjacent owners at least
ten days before a meeting.
(Code 1982,§9-3)
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about:blank 8/26/2015
0 CITY OF MAPLEWOOD
Planning Department FENCING
i I 1902 County Road B East
Maplewood, Minnesota 55109 GUIDELINES
Together We Can Phone (651) 249-2300 Fax (651) 249-2319
Building permits are not A fence in the front yard or
required for fences 6 feet along a public street that is at
tall or under. least 80% opaque (solid) must
be approved by the city.
There are no regulations on
most types of fence
materials.
No fence setback j111111.1P
is required from
any property line.
7_,7 411111or 0 \
1 �'
Property Line
Supports
must be on The fence and all
the inside of
Line supports must be
144141111%1 the fence, built on your own
Front Property property (not on
your neighbor's).
Street You may adjoin your fence to your
neighbor's fence with written
Fences over 2.5 feet tall in the consent of your neighbor.
front yard on corner lots cannot
be located within the triangular
area bounded by the property
lines located 25 feet from a point Barbed wire is prohibited
of intersection of the property except in farm zones where
lines on 2 intersecting streets. livestock is raised.
•
314 St'ILLWATER CODE
returned to the permit applicant, c. Permit required. No fence shall be
without interest,upon successful corn- erected without first obtaining a fence
pletion of all of the following: permit.Application shall be made to
1. Written certification from a reg- the community development direc-
istered engineer or land sur- tor. The fee shall be established by
veyor that the grades and ele resolution of the city council. The
vations are in conformance with community development director is
the city approved grading plan authorized to issue a fence permit if
and that permanent iron mon the application indicates that the
uments are in place at each lot fence will be incompliance with this
corner; and subdivision. The city council shall
hear and decide appeals when it is
2. Water service curb box access alleged that the community develop-
cover at finished grade and curb ment director was in error. The ap-
box valve operable. peals shall be taken as prescribed in
If the escrow items are not corn- Subdivision 29 of this section.
pleted within 60 days,excluding the d. In yards. Fences may be permitted
time between October 1 and May 1 of in all yards,subject to the following:
issuance of a certification of occu- 1. Fences in excess of six feet above
pancy, the city may enter the lot,
perform the work and apply the cash the ground grade are prohib-
perform
toward the cost,plus admin- ited in residential districts.
(Ord. No
istrative fees.In addition to the cash 917, § la,2 5-02)
escrow,an escrow administration fee 2. The side of the fence considered
in an amount established by resolu- to be the face (finished side as
tion shall be paid before a permit is opposed to structural supports)
issued for all permits requiring es- shall face abutting property.
crow per ordinance section. 3. No fence shall be permitted on
(Ord. No. 791, 7-19-94; Ord. No. 802, 2-13-95) public rights-of-way.
(16) Fence regulations. Fence regulations are 4. No fence may be erected on
as follows either street side of a corner lot
that will obstruct or impede the
a. Purpose. The purpose of this subsec- clear view of an intersection by
tion is to provide for the regulation approaching traffic, subject to
of fences in the city,to prevent fences the provisions of section 24(4)
being erected that would be a hazard that would control where incon-
to the public, or an unreasonable sistent with this provision.
interference with the uses and enjoy- (Ord. No. 917, § lc, 2-5-02)
ment of neighboring property and 5. In residential districts fences
are compatible with existing uses, are limited to a height of 42
other zoning restrictions and inches in the front yard and
drainageways. exterior side yard setback ar-
b. Definitions. For the purpose of this eas`
subdivision, the following defini- No. 815, 8-1-95; Ord. No. 917, § ld,2-5-02)
tions shall apply: 6. No fence shall be erected where
it will impede a drainageway or
Fences means any linear structure
used to prevent access by persons or drainage easement.
animals or prevent visual or sound 7. No fence shall be erected before
transference. all lots within a drainage sys-
Supp.No.23 CD31:60
Permit No.
Date:
Fee: $25.00
Receipt No.:
FENCE PERMIT APPLICATION
CITY OF STILLWATER
Community Development Department
216 North Fourth Street
Stillwater,MN 55082
Ordinance No.792, Section 31.01, Sutxt.25(m),Fence Regulations
Address of Property:
Legal Description of Property(Lot,Block and Addition):
Property Owner: Representative:
Mailing Address: Mailing Address:
Telephone No.: Telephone No.:
Signature Signature
Type of Fence Wood/Privacy Chain Link Other
Height of Fence(at ground grade): _ft,front yard _ft.rear yard _ft.side yard
Include a survey or accurate site plan showing fence in relation to all property lines.
"I hereby state the forgoing statements and all data, information and evidence submitted herewith in all
respects, to the best of my knowledge and belief, are true and correct. I further certify the permit if it is
granted and used."
Property Owner/Representative Signature Date
OFFICE USE ONLY
Conditions of Permit Approval:
Community Development Director/City Planner Date of Approval
A building permit is not required for the installation of fences. However, you must call
Gopher State One Call at 551-454-0002 before you dig to identify any underground utility
locations.
ZONING §31-1
tern or platted block have had Setback
the final grade established and Road or Facility (feet)
approved and all lots within
the system or platted block have
McKusick Road(Neal 100
had turf established with grass to CR 15)
seed or sod. CR 12 (Northland to 100
CR 15)
e. Along property lines. Fences may be CR 15(TH 36 to TH 100
permitted along property lines sub- 96)
ject to the following: - Railroad 75
1. Fences in residential districts These setbacks are measured from the
may be placed on the lot line right of way line.All district side and rear
provided that the footings are yard setback requirements will continue
within the fence owner's prop- to apply in each district.
erty. (Ord. No. 681, 9-14-88; Ord. No. 768, 10-22-92;
(Ord. No. 917, § le, 2-5-02) Ord.No. 791,7-19-94;Ord.No. 792,7-19-94;Ord.
2. Fences in commercial or indus- No. 802, 2-13-95; Ord. No. 815, 8-1-95; Ord, No.
trial districts may be erected 875, § 1, 4-20-99)
on the lot line to the height of (18) Multifamily residential district bonus. A
six feet;to a height of eight feet ten percent multifamily residential den-
with a security arm for barbed sity bonus may be allowed for qualifying
wire. affordable housing projects as defined by
f. Existing. No existing fence in viola- state and federal regulations.At least 80
tion of this section will be allowed to percent for the residential units shall meet
be replaced or rebuilt. Should an the affordable housing standards as estab-
existing fence be replaced or rebuilt, lished by the Department to Housing and
it must come under the regulations Urban Development for the Stillwater area.
of subsection(1)p of this subdivision. (Ord. No. 921, § 1, 4-16-02)
g. Impeding drainageways and ease- Subd. 24.1. A-P agricultural preservation dis-
ments.No fence shall be erected where trict.A-P agricultural preservation districts shall
it will impede a drainageway or drain- be regulated as follows:
age easement. (1) Purpose. The purpose of the A-P district
h. Violations. Violations of subsection shall be to maintain and enhance agricul-
(1)p of this subdivision may be en- tural operations and preserve agricul-
forced by injunction, and the city tural lands utilized for crop production
shall be entitled to the remedy of and to serve as a holding zone for lands
abatement in order that a fence where phased urban expansion will occur.
erected in violation of subsection(1)p The preservation of agricultural land is
of this subdivision may be removed. intended to prevent urban sprawl,control
the public costs of providing urban ser-
(17) Special setbacks. The following special vices and reduce urban/rural conflicts
setbacks are required for structures along which arise as a result of premature de-
the following collector and major roads: velopment of rural areas.The A-P district
is further intended to preserve open space
Setback and natural resource areas.
Road or Facility (feet)
TH 96 (Stonebridge 100 (2) Permitted uses. No building, structure,
land or premises in the A-P district may
Trail to CR 15) be used and no building or structure may
Supp.No.12 CD31:61
CiTY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-086
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING NEW FENCING REGULATIONS IN THE LAKE ELMO ZONING CODE.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code,by repealing City Code Sections 154.120
through 154.128 in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
Article 5- General Regulations
§154.205 Fencing Regulations
§154.205 Fencing Regulations
A. Purpose. The purpose of this Ordinance is to provide for the regulation of fences in the
city of Lake Elmo and to prevent fences from being erected that would be a hazard to
the public, an unreasonable interference with the uses and enjoyment of neighboring
property or are incompatible with existing uses and other zoning restrictions.
B. Definitions. The following words, terms and phrases, when used in this Section, shall
have the meaning ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
Permanent Fence. Fences that are installed in a fixed or enduring manner that are not
intended for a seasonal or temporary purpose.
Temporary Fence. Fences that are installed and removed on a seasonal basis, such as
snow fences, garden fences and seasonal recreational fences, such as hockey boards.
c. Permit Required
1. Permanent Fence. No permanent fence shall be erected without first obtaining a
fence permit. Application shall be made to the Planning Director. The fee shall be
established by the City's Fee Schedule. The Planning Director is authorized to issue
a fence permit if the application indicates that the fence will be in compliance
with this Ordinance. The Board of Adjustment and Appeals shall hear and decide
appeals when it is alleged that the Planning Director was in error. The appeals
shall follow the procedure outlined in §31.01.
1
2. Temporary Fence, Temporary fencing that complies with subsection (F) and all
other applicable provisions of this Ordinance shall be exempt from permit
requirements.
D. General Requirements. All fences erected in the city of Lake Elmo are subject to the
following requirements:
1. Maintenance. All fences shalt be property maintained with respect to appearance
and safety. Fences that remain in a state of disrepair for an extended period of
time shall constitute a nuisance per 596.03.
2. Face of Fence. The finished side of any fence or wall must face abutting property
or street rights of way.
3. Fence Materials. Permitted fence materials shall be limited to brick, stone, wood,
wrought iron, vinyl, composite material, steel, aluminum, chain-link and, in cases
of temporary fencing only, materials that are consistent with temporary fencing as
regulated under subsection (F)
4. Traffic Obstruction. No fence or wall shall obstruct a motorists or a pedestrian's
safe view from the driveway or street.
5. Location.
a. Fences may be installed on any portion of a lot subject to the height
restrictions of 5154.205.E and may be installed along property lines provided
the adjacent property agrees, in writing, that such fence may be erected on
the boundary tine of the respective properties. Any portion of the fence and
all footing material shall not encroach on the neighboring property.
b. All pertinent property pins shall be visible upon inspection for fences installed
within one foot of a property boundary.
c. In the case of a dispute, the City may require a survey to establish the
boundary line of a property.
6. Easement Encroachment. An easement encroachment agreement must be
approved by the City Council, along with a fence permit, for any fence that will be
installed within a City easement.
7. Swimming Pools. All swimming pools shall be enclosed with required fencing per
5151.085.
E. Fence Height and Design
1. Fences within Front and Side (Corner) Yards. Any fence within a front or side
(corner) yard setback may not exceed forty-two (42) inches in height and must be
50%open to air and tight.
2. Residential and Mixed-Use Districts. No fence shall exceed six feet (6')in height,
and shall be subject to the design requirements of 5154.205.E.3.
3. Residential Fence Design Requirements, Solid wall fences over four (4) feet in
height shall be prohibited on any lot under% acre (21,780 square feet)in size.
Any portion of a fence over four (4) feet on such lots shalt be at least 75% open to
Light and air, except under one of the following circumstances:
2
a. When a residential property abuts a district or use of a higher classification,
and specifically, when an A, RR, RS, RE, or LDR district abuts any other district
or a single family residential use abuts a multi-family residential use or a non-
residential use.
b, When a property is a through lot and abuts a street that is a higher functional
classification than the street abutting the front yard of the property.
c. For screening of outdoor living space subject to the following criteria:
i. The area enclosed by outdoor extended living area fencing shall not exceed
an enclosed area of 500 square feet.
ii. A fence utilized to enclose an outdoor extended living area shall be
extended to a point not more than 6 inches from the principal structure at
1 fence termination point.
iii. A fence utilized to enclose an outdoor extended living area shall not extend
into side yard of a lot beyond the existing building line of the existing
principal structure, nor shall such fences be located in any side or front
street yard.
d. For screening or privacy purposes when the lineal measurement of the fence
does not exceed one-fourth (' )of the linear distance of the perimeter of a lot.
Such fences may only be installed with the written consent of the adjacent
property owner.
e. Under other circumstances when a solid fence is warranted due to safety,
health, animal containment, or similar purposes, subject to review and
approval by the City Council and with the written consent of the adjacent
property owner.
4. Commercial and industrial Districts. No fence or wall shall exceed eight feet (8')
in height. Fences that exceed eight feet (8') in height require a conditional use
permit.
F. Temporary Fences
1. Height and Performance. Temporary fences shall comply with the fence height
standards of subsection (E). Temporary fences shall be at least 40% open to air
and tight. If unable to be at least 40%open to air and tight, temporary fences shall
not exceed forty-two inches (42")in height.
2. Duration and Limitation
a. No snow fence or posts shall be installed prior to October 1, and must be
removed prior to April 15.
b. Seasonal recreational fencing intended for winter sports, such as hockey or
broomball shall not be installed prior to October 1, and must be removed prior
to April 15.
3. Location. Snow fences shall be set back at least 50 feet from any south or east
property line, or such additional distance as may be required to prevent the
accumulation of snow on public streets or adjoining property, as determined by
the Public Works Director.
3
G. Prohibited Fencing. Barbed wire and electric fencing are prohibited in platted areas.
H. Agricultural Exemption. Fences constructed on parcels in excess of 5 acres for the
keeping of horses; and fences constructed on parcels in excess of 10 acres are
specifically exempted from the provisions of this Section. Any such agricultural fencing
shalt be at Least 75%open to air and tight.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Etmo.
SECTION 4. Adoption Da e. This Ordinance 08-086B was adopted on this 16h day of
July 2013, by a vote of Ayes and.D Nays.
LAKE ELMO COUNCI
A-p
Mike Pearson, Mayor
ATTEST:
dam Bell, City Clerk ...�
This Ordinance 08-086B was published on the day of ,
2013.
4
OL- Ct) 0-0
Appendix B—Zoning,Section 705 Fences
705.01.Fences may be permitted in all yards subject to the following:
(1) Solid walls in excess of four feet above adjacent ground grades shall be prohibited.
(2) That side of the fence considered to be the face(finished side as opposed to structural supports)shall
face abutting property.
(3) Fences over six feet in height from the finished grade shall require a building permit in addition to any
other required permits.
(4) No fences shall be permitted on public rights-of-way.
705.02.Fences may not be permitted within two feet of the property lines subject to the following:
(1) Fences may be placed along property lines provided no physical damage of any kind results to the
abutting property and permission is granted in writing from the abutting property owner and submitted
with application.
(2) In residential districts,fences on or within two feet of property lines shall require a certificate of
compliance.
(3) Fences in commercial and industrial districts may be erected on the lot line to a height of six feet;to a
height of eight feet with a security arm for barbed wire.
(4) Fences in residential districts may be located on any side or rear lot line to a height of four feet above
finished grade.
(5) Fences along side and rear interior lot lines beginning at the rear building line of the principal structure
shall be a maximum of six feet in height except as noted in number(6).
(6) Should the rear lot line of a lot be common with the side lot line of an abutting lot, that portion of the
rear lot line equal to the required front yard of the abutting lot shall not be fenced to a height of more
than four feet, -
(7) Where the property line is not clearly defined, a certificate of survey may be required by the zoning
administrator to establish the property line.
705.03. Fences may be permitted within required yards subject to the following:
(1) Fences located within the side and rear yard nonbuildable setback areas beginning at the rear building
line shall not exceed six feet in height from finished grade.
(2) In residential districts,fences along or within the front nonbuildable setback area and less than 20 feet
from the front property line in excess of 36 inches in height shall require a certificate of compliance.
(3) Fences located within the buildable area of a lot or eight feet or more from the rear lot line may be up
to eight feet in height.
(4) Fences in commercial and industrial districts located within nonbuildable setback areas shall not
exceed six feet in height from finished grade to a height of eight feet with a security arm for barbed
wire.
For properties located on the St.Croix River on which proposed fence is to be within the 100 foot
setback from the ordinary high water(OHW)elevation of 675',the following restrictions apply, in
addition to the city's general fence regulations:
- Fence must consist of metal or other approved flood resistant material with adequate space to allow
water and small flood debris to flow freely through fence(no solid fences allowed)
- Fence must be setback a minimum of 20 feet from the OHW
- Fence can be up to a maximum of 4 feet in height, because property is considered a"through,or
double frontage"lot(see definition)Lot,through or double frontage: A lake or stream frontage lot
having a public road as one lot line and a water body at the opposite line
- Fence color must be of an earth or summer vegetation tone
- Land survey or certificate of elevation with OHW elevation and proposed fence location shall
accompany the city's fence permit application form
4
City of Oak dale Fence Code
Sec.25-159 Fences.
(a) Permit Required:No person,firm,or corporation,except on a farm and related to farming
activities, shall hereafter construct or erect or cause to be constructed or erected within the City
of Oakdale any fence which is intended to be a permanent structure on the premises, without first
securing a building permit.
(b)Construction and Maintenance: Every fence shall be constructed in a substantial,
workmanlike manner and of substantial material reasonably suited for the purpose for which the
fence is proposed to be used. Fences shall be constructed so that their more attractive side faces
neighboring property,and the most exposed area of the fence post faces the permitted resident.
Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to
become and remain in a condition of disrepair or danger,or constitute a nuisance,public or
private. Any such fence which is, or has become dangerous to the public safety,health or
welfare, is a public nuisance and the Oakdale Building Official shall commence proper
proceedings for the abatement thereof. Link fences,wherever permitted, shall be constructed in
such a manner that no barbed ends shall be at the top except in Industrial Districts. Electric
fences shall only be permitted on farm property when related to farming and on farms in other
districts when related to farming,but not as boundary fences. Barbed wire fences shall only be
permitted on farms or high-security needs.
(c) Residential District Fences: In all parts of Oakdale, zoned residential and not a farm,no
boundary line fence shall be erected or maintained more than eight(8) feet in height except that:
(1)No fence shall be erected in any required front yard to a height in excess of four(4) feet.
(2) On corner lots in all districts, no fence or planting in excess of thirty(30)inches above the
street center line grade shall be permitted within a triangular area defined as follows: Beginning
at the intersection of the projected curbing lines of two intersecting streets,thence twenty(20)
feet along one property line,thence diagonally to a point twenty(20) feet from the point of
beginning on the other property line,thence to the point of beginning.
(3) In those instances where a fence exists as an enclosure which restricts access from the front
to the rear yard, a gate,identifiable collapsible section,or other such means of recognizable
ingress shall be unobstructed and a minimum of three(3)feet in width. The location of such
ingress points shall be positioned at any point paralleling the front lot line,between the side lot
property line and the principle structure.
(4)Fences on the corner lots must receive special consideration from the Oakdale Building
Official to assure site safety before a Building Permit is issued. This review may require the
applicant to pay an additional fee if extraordinary means need to be taken to ascertain impacts
(i.e. consultation by a Traffic Engineer).
(5)Fences greater than six (6)feet in height shall submit a Certificate of Survey with the permit
application, and all pertinent property pins shall be visible upon inspection. Fences shall be
constructed within the provisions of the Minnesota State Building Code(MSBC).
(d)Commercial and Industrial and District Fences:
Fences in all Commercial and Industrial Districts shall not exceed ten(10) feet in height except
that:
(1)Boundary Line Fences abutting "R" Districts shall conform to those conditions applying to
the"R" District except for height.
(2) Special Purpose Fences. Fences for special purposes and fences differing in construction,
height or length may be permitted in any district in the City of Oakdale by issuance of a Special
Use permit approved by the Planning Commission and City Council. Findings shall be made that
the fence is necessary to protect,buffer or improve the premises for which the fence is intended.
II
Fence Ordinance Summary Page 1 of 1
Fence Ordinance Summary
1. A fence up to 6 feet in height may be erected on the rear lot line, the side lot lines and
return to the nearest front corner of the principal building.
2. A fence not exceeding 4 feet in height may be erected on the side lot lines forward of the front
corner of the principal building.
3, Fences in excess of 30 inches in height extending across front yards are not permitted in
residential platted areas.
4. No fence shall be constructed in a manner that would block the view of vehicular traffic or restrict
snow plowing of streets.
5. Fences may be placed up to property lines. It is the owner's responsibility to verify the location of
the property lines.
6. The side of the fence considered to be the face(the finished side)shall face adjoining property.
7. Barbed wire fences are not permitted in platted areas.
8. All fences shall be properly maintained with respect to appearance and safety.
9. Swimming pools must be protected by a fence at least 4 feet high, with a self-closing, self-latching
lockable gate, built so that a 4-inch sphere cannot pass through.
10. It is suggested to have a surveyor locate property lines before installing fences. The city does not
have surveyors on staff to perform this service.
II
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Woodbury, MN Code of Ordinances Page 1 of 2
ARTICLE IV.- FENCES
Sec. 6-136. -Generally.
Fences are permitted in all yards, subject, however,to the provisions of this article.
(Code 1985, §310.02)
State Law reference— State fence law, Minn. Stat. §334.03; local fence viewers; legal and sufficient
fences, Minn. Stat. §344.02.
Sec. 6-137. -Appeals.
Appeals from the provisions of this article may be made pursuant to the variance procedures in
chapter 24,article II, division 5.
(Code 1985, §310.03)
Sec. 6-138. - Maintenance.
All fences shall be properly maintained with respect to appearance and safety.
(Code 1985, §310.02(0))
Sec. 6-139.- Private swimming pools.
All fencing around private swimming pools shall comply with chapter 22,article II.
(Code 1985, §310.02(N))
Sec. 6-140. - Height.
(a) A fence up to six feet in height may be erected on the rear lot line,the side lot lines and it may
return to the front corner of the principal building and shall not be closer to the street than the
front corner of the principal building.
(b) Fences in business and industrial districts may be erected on the lot line to a height of six feet.
Fences in these districts may be erected to a height of eight feet with a security arm for barbed
wire subject to a special use permit.
(c) Fences exceeding height limits in business and industrial zoning districts may be erected provided
they do not encroach upon front or side yard requirements or within ten feet of a rear lot line. No
fence shall exceed the height of the principal structure.
(d) Fences in excess of 30 inches in height extending across front yards are not permitted in
residential platted areas.
(e) Fences may be up to eight feet in height when located in rear yard with setbacks from property
lines as follows:
(1) Sides, ten feet.
(2) Rear, 35 feet.
(f) A fence not exceeding four feet high may be erected on the side lot lines forward of the front
corner of the principal building.
(Code 1985, §310.02(A)—(C),(E)—(H), (M))
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Woodbury, MN Code of Ordinances Page 2 of 2
Sec. 6-141.- Reserved.
Editor's note—Ord. No. 1557, § 1557.07,adopted Sept.26, 1990, repealed former§ 6-141 of the Code,
which pertained to required open space for passage of air and derived from the 1985 Code, §310.02(l).
Sec. 6-142.-Traffic obstruction.
No fence shall be constructed in a manner that would block the view of vehicular traffic or restrict
snow plowing of streets.
(Code 1985, §310.02(D))
Sec. 6-143.- Placement along property lines.
Fences may be placed along property lines provided no damage of any kind results to abutting
property. Fences placed on property lines are subject to section 6-146, easements.
(Code 1985,§310.020; Ord. No. 1774, § 1774.01, 6-28-2006)
Sec. 6-144.-Placement of face of fence.
The side of the fence considered to be the face(facing as applied to fence posts)shall face abutting
property.
(Code 1985, §310.02(K))
Sec. 6-145.-Prohibited fencing.
Barbed wire and electric fencing are prohibited in platted areas.
(Code 1985, §310.02(1); Ord. No. 1796, § 1796.01, 11-29-2007)
Sec. 6-146. - Easements.
Any fence placed within an easement that impedes the access or intended use of that easement
may be removed by the city or the city's representative at the owner's expense.
(Ord. No. 1774, § 1774.02, 6-28-2006)
Sec. 6-147. - Fence materials.
In commercial, office, business park and city center zoning districts,fence materials shall be high-
quality vinyl-coated chain link(minimum 9 gauge thickness with a required top rail support),brick,
stone, wrought iron, decorative metal or other such material as approved by the city.
(Ord. No. 1778, § 1778.01, 9-27-2006)
Secs. 6-148-6-199. - Reserved.
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f.
ENCLOSURE 3
I City of Oak Park Heights
To: Planning Commission
From: Julie Hultman, Planning&Code Enforcement
Date: September 13,2015
Re: 2016 Meeting and Council Representation Schedule Amendment
The proposed 2016 Planning Commission meeting calendar and commission representation
schedule is attached.
The calendar has been created to meet the schedule established by the Planning
Commission Bylaws,scheduling its meeting the 2"d Thursday of the month.
The commission representation schedule continues the rotation that has been followed in
2015 and is only completed through May as a few Commission terms do culminate in May of
2016.
The Commissioner noted on the schedule for a month is designated as the Commission
representative to the City Council meeting in that month. This meeting is typically the
Council meeting following the Planning Commission meeting.
The Commission should review the meeting dates and representation schedule and move
to approve it as presented or with amendment from the Commission.
Thank you.
2016
OAK PARK HEIGHTS PLANNING COMMISSION
JANUARY FEBRUARY
S M T W ! T L F S S M T W T F S
1 2 1 2 3 4 5 6
3 4 5 6 7 8 9 I 7 8 9 10 11 12 13
10 11 12 13 14 15 16 I 14 15 16 17 18 19 20
17 18 19 20 21 22 23 I 21 22 23 24 25 26 27
24 25 26 27 28 29 30 I 28 29
131 Commissioner Rep.Bye
Commissioner Rep.Anthony
1
MARCH 1 , APRIL
S M T W T F S S M T W T F S
1 2 3 4 5 1 2
6 7 8 9 10 11 12 3 4 5 6 7 8 9
13 14 15 16 17 18 19 10 11 .4 12 ' 13 14 15 16
20 21 22 23 24 25 26 17 18 19 20 21 22 23
127 28 29 30 31 24 25 26 27 28 29 30
Commissioner Rep.Kremer Commissioner Rep.Nelson
S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4
8 9 10 11 12 13 14 5 6 7 8 9 10 11
I 15 16 17 18 19 20 21 12 13 14 15 16 17 18
22 23 24 25 26 27 28 19 20 21 22 23 24 251
129 30 31 26 27 28 29 30
Commissioner Rep.Thurmes Commissioner Rep.
S M T W S M T T S
1 2 1 2 3 4 5 6
3 4 5 6 7 8 9 7 8 9 10 11 12 13 I
10 11 12 13 14 15 16 14 15 16 17 18 19 20
17 18 20 21 22 23 21 22 :, 24 25 26 27 I
24 25 27 28 29 30 28 29 30 31
31
1 2 3 1
14 5 6 7 8 9 10 2 3 4 5 6 7 81
11 12 13 14 15 16 17 9 10 11 12 13 14 15 I
I 18 19 20 21 22 23 24 16 17 18 19 20 21 22
I 25 26 27 28 29 30 23 24 25 26 27 28 29
30 31
1
S M T W T F S S M T W-- T F S
MEME 3 4 5 1 2 3 I
16 7 8 9 10 11 12 4 5 6 7 8 9 10
13 14 15 16 17 18 19 11 12 13 14 15 16 17 I
I 20 21 22 23 24 25 26 18 19 20 21 22 23 24 I
I 27 28 29 30 25 26 27 28 29 30 31
Schedule relflects meetings on the second Thursday of the month as per Planning Commission Bylaws.
Updated 09.04.2015 Council Meeting Planning Commission Meeting
TPC 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCQPIanningCo.com ENCLOSURE
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: September 2, 2015
RE: Oak Park Heights — Sign Revisions
TPC FILE: 236.12
At their August 13, 2015 meeting, the Planning Commission discussed the draft
revisions to the sign regulations. The Planning Commission gave direction on the
changes and asked that a revised draft be provided for review at the September
meeting before a public hearing is advertised.
Please find attached a draft of the revisions (August 24, 2015) based upon the Planning
Commission's discussion. Also, find a clean version without the struck/bold notations.
A review of the most recent changes is as follows:
401.15.G. (Page 3)
The Planning Commission determined that the definitions should be removed from this
section in that they are already listed in Section 401.026.
401.15.G.5.a (Page 5)
As per the discussion of the Planning Commission, the language related to Campaign
Non-Commercial Speech Signs was revised to reflect the current Minnesota State
Statute provisions.
401.15.G.7.b (Page 9)
The title of this section was changed to Number of Days.
401.15.G.7.d and e. (Page 11)
Ribbons, streamers and air inflatable devices was moved to the list of permitted signs
and displays and eliminated from the prohibited list.
401.15.G.8.d (Page 19)
The table was revised to allow more total wall signage for most of the categories. This
is more consistent with the amount of business signage that has been allowed in the
past.
401.15.G.8.d (Page 20)
The language below is included for all of the other District provisions other than the B-2,
B-3, B-4, B-W and I Districts. The Planning Commission should discuss whether this
language should be added for these Districts.
5) Exceptions in numbers of height or size of signs may be allowed for the
signs indicated in Section 401.15.G.8 of this Ordinance by conditional use permit,
as provided for in Section 401.03 of this Ordinance.
401.15.G.9 (Page 23)
The Planning Commission determined that specific standards would not be established
for Automotive, Trucks, Boats or Motorized Vehicle Sales Lots in the Special District
Provisions. The District standards would apply to this category of land use.
Conclusion
The Planning Commission should review the changes that have been made to the draft.
The review of the comparison of businesses based upon existing vs. proposed
regulations has also been included for review. The Planning Commission had
requested that a copy of the map that indicates the Destination Retail Highway District
should also be provided for review. The Planning Commission may want to suggest
revisions to this map.
It is recommended that the Planning Commission direct Staff to publish a public hearing
for the October 8, 2015 meeting to consider the revised sign regulations.
2
Draft—August 24, 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. 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.
2
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. 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.
i. 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 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.
3
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.5. 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. All campaign non-commercial
signs no more that sixteen (16)square feet in size and totaling no more than
four(4) per property may be posted beginning forty six(46)days before the
state primary in a state general election year until ten(10)days following the
state general election, in accordance with Minnesota State Statutes, 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
4
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.
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:
ill
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.6. 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.
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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.
i. Portable signs.
j. Wall graphics.
k. Beacons.
I. 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.
6
Ili
_ I!
401.15.G.7. SPECIAL EVENTS.
a. Sign Permit Required. No special event shall be held without first
obtaining a sign permit.
b. Number of Days. 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.
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.
6) Ribbons, streamers and air inflatable devices limited to three (3)
special events days per calendar year, each no longer than ten (10)
days per event.
e. Prohibited Signs and Displays for Special Events. The signs or displays
described below are prohibited for special events:
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1) Animated signs, dynamic display signs, electronic graphic display
signs, Multivision signs, video display signs, light bulb strings, portable
signs.
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.
f. Sign Permit Requirements for Special Event Lot Decorations. Before
any special event signs or decorations shall be permitted to be used for an
event, the responsible property owner or organization shall submit a
completed application for a sign permit with the City. In addition to other
requirements, the applicant shall show that when the event is held, adequate
parking area will continue to exist, even though a portion of required parking
spaces may be used to celebrate the event. Only after the City issues the
sign permit, may a business display the special event signs and decorations.
g. Violations.
1) It is a violation for any person, company, or organization to provide,
erect or display any beacons, balloons or other advertising device
which is not in conformity with the provisions of this Section.
2) Special event signs and decorations not removed by the last day of
the special event.
401.15.G.8. 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
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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.8 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
b. 0, Open Space Conservation and R-3, Multiple Family Residential
Districts. Except as otherwise provided in this Ordinance, signs in these
districts shall be limited to:
1) 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.
9
4) Changeable Copy Signs— Manual and Electronic— Non-Residential
Uses in the 0, Open Space Conservation District as regulated in
Section 401.15.G.10 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.8 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
c. P/I, Public Institutional; R-B, Residential Business; and B-1,
Neighborhood Business Districts. Except as otherwise provided in this
Ordinance, signs in these districts shall be limited to three (3) signs per
principal use upon the subject property, subject to the following conditions:
1) One(1)freestanding monument sign per entrance not more than forty
(40) square feet or more than eight (8) feet in height;
2) Wall signs not more than forty(40)square feet nor higher than the top
of the parapet wall or eave.
3) Parks or public facilities shall be allowed one (1) monument sign per
street entrance, not to exceed eight(8)feet in height, and one(1)wall
sign. The aggregate square footage of sign space shall not exceed
sixty(60) square feet.
4) Changeable Copy Signs — Manual and Electronic— P/I, Public
Institutional District as regulated in Section 401.15.G.10 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.8 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
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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:
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:
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(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:
Principal Structure Individual Wall Sign Total Wall Signage for
(Gross Square Feet) Calculation Property
Multiple Occupancy 200 square feet of 10 500 square feet.
Business Buildings percent of the wall face,
whichever is less
Destination Retail Highway 250 square feet or 10 500 Square feet
District percent of wall face,
whichever is less
Greater than 200,000 200 square feet or 10 500 square feet
percent of wall face,
whichever is less
100,000 — 200,000 150 square feet or 10 400 square feet
percent of wall face,
whichever is less
10,000 — 100,000 120 square feet or 10 300 square feet
percent of wall face,
whichever is less
5,000 - 10,000 100 square feet or 15 200 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.G.10 of this Ordinance.
401.15.G.9. SPECIAL DISTRICT PROVISIONS.
a. Motor Fuel Station.
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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.
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.
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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.
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.
401.15.G.10 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.
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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.
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.
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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
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.
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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.
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.
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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,
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.
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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.
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.
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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.
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Draft—August 24, 2015
12'1740115G. Signs.
401.15.G.1. FINDINGS, PURPOSE AND EFFECT:
a. Findings: The City finds:
we
1) Oak Park Heights is located on the Minnesota and Wisconsin
border with the St Croix River separating the two states. Upon
completion of the St Croix Crossing in the fall of 2016, Highway
36 will provide an increasingly important connection between the
Twin Cities metropolitan area and western Wisconsin. The
result will be growth in the Oak Park Heights business
community and a continuing need for signage and advertising
devises.
2) The City Code has included the regulation of signs in an effort to
provide adequate means of expression and to promote the economic
viability of the business community, while protecting the City and its
citizens from a proliferation of signs of a type, size, location and
character that would adversely impact the aesthetics of the
community and threaten the health, safety and welfare of the
community. The regulation of physical characteristics of signs within
the City has had a positive impact on traffic safety and the overall
appearance of the community.
b. Purpose and intent: It is not the purpose or intent of this sign ordinance
to regulate the message displayed on any sign; nor is it the purpose or
intent of this ordinance to regulate any building design or any display not
defined as a sign, or any sign which cannot be viewed from outside a
building. The purpose and intent of this ordinance is to:
1) Regulate the number, location, size, type, illumination and other
physical characteristics of signs within the City in order to promote
the public health, safety and welfare.
1
2) Maintain, enhance and improve the aesthetic environment of the
City by preventing visual clutter that is harmful to the appearance of
the community.
3) Improve the visual appearance of the City while providing for
effective means of communication, consistent with constitutional
guarantees and the City's goals of public safety and aesthetics.
4) Provide for fair and consistent enforcement of the sign regulations
set for herein under the zoning authority of the City.
c. Effect: A sign may be erected, mounted, displayed or maintained in the
City if it is in conformance with the provisions of this Ordinance. The effect
of this Ordinance, as more specifically set forth herein, is to:
1) Allow a wide variety of sign types in commercial zones, and a more
limited variety of signs in other zones, subject to the standards set
forth in this sign ordinance.
2) Allow certain small, unobtrusive signs incidental to the principal use
of a site in all zones when in compliance with the requirements of
this sign ordinance.
3) Prohibit signs whose location, size, type, illumination or other
physical characteristics negatively affect the environment and
where the communication can be accomplished by means having a
lesser impact on the environment and the public health, safety and
welfare.
4) Provide for the administration and enforcement of the provisions of
this sign ordinance.
401.15.G.2. SUBSTITUTION CLAUSE: The owner of any sign which is otherwise
allowed by this sign ordinance may substitute non-commercial copy in lieu of any
other commercial or non-commercial copy. This substitution of copy may be made
without any additional approval or permitting. The purpose of this provision is to
prevent any inadvertent favoring of commercial speech over non-commercial
speech, or favoring of any particular non-commercial message over any other non-
commercial message. This provision prevails over any more specific provision to
the contrary.
401.15.G.3 CONFLICT WITH ZONING ORDINANCE. If there is a conflict that occurs
between this Section and other provisions of this Ordinance, as amended, the
conditions as set forth in this Section, as amended, shall prevail.
2
401.15.G.4. 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
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
lighting shall not exceed the standards found in Section 401.15.B.7 of this
Ordinance. All electrical service wiring shall be buried.
3
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 the
Where appropriate, the U.S. Flag Code,
Minnesota Statutes or Executive Order shall apply to Federal and/or
State flag displays.
- - - - - -
2) Where appropriate, the U.S. Flag Code, Minnesota Statutes or
o. Angle Signs. The maximum angle permitted between faces of a double
face freestanding sign is sixty (60) degrees, anything less is one (1) sign,
anything more is two (2) signs.
lines.
4
401.15.G.5. 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. All campaign non-
commercial signs no more than sixteen (16) square feet in size and
totaling no more than four (4) per property may be posted beginning
forty six (46) days before the state primary in a state general election
year until ten (10) days following the state general election, in
accordance with Minnesota State Statutes, as amended.
- • _
21 I R 045 ac 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
5
III
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 having-net-less-than
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.
6
•
arterial street provided that•
•
b) The area of each sign shall not exceed fifty (50) square feet.
c) Freestanding signs shall be limited to a maximum height of
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) Tho area around the sign shall be landscaped in such a
Zoning Administrator
f) The design and-senstruction of the sign shall be done with the
highest quality materials and workmanship to keep
the potential for vandalism. The signs are to be aesthetically
compatible with nearby structures in the area. Detailed
vi °a rl
a) One (1) sign shall be allowed per project or subdivision or
street, whichever is greater.
b) The area of the sign shall not exceed sixty four(64) square
feet.
7
eight (8)feet.
401.15.G.6. 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.
n. Signs supported by guy wires.
8
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.7. SPECIAL EVENTS.
a. Sign Permit Required. No special event shall be held without first
obtaining a sign permit.
19 b. Number of Days. 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 events per
calendar year. The total number of a total of fifty(50) special event days in
acalendaryear _ _ - __ __ _ _ _ e : •__ - _ _ _
public and institutional-use. Once the time period has expired for a special
event the applicant shall wait the same number of days that the sign permit
was issued to start a new special event.
22 C. Events in the Destination Retail Highway District. The business or
applicant in the Destination Retail Highway District shall be all
(12) sales events per calendar year. The total number allowed a total of
one hundred eighty(180) of special event days in a calendar yearot
- - _e e ' : _ _ _ - _ :e _ - for any applicant, business, or public
and institutional use. Once the time period has expired for a special event,
the applicant shall wait two (2) days before starting a new sales event. All
other special event requirements, as found in Section 401.15.g.8 of this
Ordinance, shall be adhered to within the Destination Retail Highway District.
d. Permitted Signs and Displays. The signs and displays described below
are permitted for special events in addition to the maximum allowable sign
area, provided they are professionally done and the following standards are
met and complied with:
1) Small Balloons.
9
be-allowed
messages.
2) Tents.
a) Tents, including all ties, ropes, stakes, etc., shall be located
31 3) Bannerettes and Pennants.
a) Bannerettos and pennants may be attached to poles, tants,
b) No more than two (2) pennants may be attached to any
pole or object.
c) Bannerettes shall be smaller than any United States flag on
4) Banners.
a) Banners may be attached to poles, tents, and buildings,
22 - e
-
22 c) Individual banners shall not be larger than twenty-eight (28)
10
not exceed one hundred forty (110) square feet..
5) Search lights. Search lights as regulated in Section 401.15.B.7.g.1)
of this Ordinance.
6) Ribbons, streamers and air inflatable devices limited to three(3)
special events days per calendar year, each no longer than ten
(10) days per event.
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.
11
2) Special event signs and decorations not removed by the last day of
the special event.
401.15.G.8. DISTRICT REGULATIONS.
a. R-1, R-1A, R-1B, R-1C, Single Family Residential and R-2, Low to
Medium Density Residential Districts. Except as otherwise provided in
this Ordinance, signs in these districts shall be limited to:
1) One (1) sign for each unit in a single and two family residential
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.8 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
12
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.G.10) of this Ordinance.
a) One manual or electronic changeable copy sign shall be
allowed per site provided that the changeable copy aroa 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
distrist
13
(3) The changeable copy portion of the sign shall not
(4) The sign message shall not change less than every ten
(10) seconds. Hour, minute, date or temperature shall
5) Electronic Sign Illumination
a) Electronic signs shall be shielded to prevent lights from being
b) No sign incorporating LED lighting may be illuminated in any
way so as to exceed a maximum intensity of five thousand
(5,000)nits during daylight hours or five hundred(500)nits from
sunset to sunrise measured at the sign face at maximum
brightness.
c) Signs-using fluorescent, neon or incandescent light sources
shall not exceed twelve (12) watts per square foot of sign
surface area.
d) All signs incorporating LED lighting installed shall be equipped
with a mechanism that automatically adjusts the brightness to
ambient lighting conditions to conform to the requirements of
this subsection.
e) The owner of any LED illuminated sign shall provide certification
as to compliance with these subsections and 401.15.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.8 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;
14
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.G.10 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:
(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
(4) The sign message shall not change less than every ten
, date or temperature shall
change not less than every three (3) seconds.
33
5) Electronic Sign Illumination
a) Electronic signs shall be shielded to prevent lights from being
b) No sign incorporating LED lighting may be illuminated in any
way so as to exceed a maximum intensity of five thousand
(5,000)nits during daylight hours or five hundred(500)nits from
sunset to sunrise measured at the sign face at maximum
brightness.
15
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.
5) Exceptions in numbers of, height or size of signs may be allowed for
the signs indicated in Section 401.15.G.8 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:
Column A Column B Column C
Allowable Percentage Total
Sign Area Allowable Allowable
B 2 and B 3 Districts 100 SF or 15% up to 300 SF
B-W and I Districts 125 SF or 18% up to 100 SF
Footnotes:-
1-) - _ - - .e . . _- --- - - - - - - - - -- - -.
3) Total maximum allowable sign area per lot or business. Sign areas
1) Freestanding Signs.
a) Size of sign permitted is determined by the gross square
footage of the principal structure located in the
development.
16
b) A maximum of one (1) freestanding sign is allowed upon any
single lot. —.e ' - :- • - - - -- :e - - - - :e ee
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.
Ordinanse
c) The cumulative total sign area, when added to the gross sign
area of all wall signs on the site, except for wall and
- - — :_ •e • ' • ..—.!.t. . .• e•- - • _-.
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
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)night (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
- - - - • 4 ! ..—.!.e. - • - - - --.
18
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 or 10 500 square feet.
Business Buildings percent of the wall face,
whichever is less
Destination Retail Highway 250 square feet or 10 500 Square feet
District percent of wall face,
whichever is less
Greater than 200,000 200 square feet or 10 500 square feet
percent of wall face,
whichever is less
100,000 — 200,000 150 square feet or 10 400 square feet
percent of wall face,
whichever is less
10,000 — 100,000 120 square feet or 10 300 square feet
percent of wall face,
whichever is less
5,000 — 10,000 100 square feet or 15 200 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
33 3) Changeable Copy Signs— Manual and Electronic as regulated in
Section 401.15.G.10 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:
(1) Changeable copy signs shall only be on freestanding
signs.
19
(2) The sign shall not directly face a residentially zoned
district:
(3) The changeable copy portion of the sign shall not
(1) The sign message shall not change less than every ten
(10) seconds. Hour, minute, date or temperature shall
change not loss than every three (3) seconds.
5) Electronic Sign Illumination
a) Electronic signs shall be shielded to prevent lights from being
propertierr-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 101.15.G.5 of this
Ordinance upon request by the zoning administrator.
401.15.G.9. 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.
20
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.
Ordinance shall be increased to allow one (1) sign not
- - • - - - . • - - - - - - - - • - - - - - - -
-- -- - - - • - - -= • - - - e - . -e -" - - - - =•• - - • - - - e - - - _t.•
- -• - e
• • -•
1 1 1 1 - - - - - - - • - • - • - - . - -- - - - - -
21
_ _ _
1) Freestanding Signs. The freestanding sign allowances found in
. l • e a
a9 - - - 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).
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.
22
•A ! I . ' - • .
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.
401.15.G.10 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.
23
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.
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)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.
24
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
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
25
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.
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.
26
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,
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)
27
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. - - - _ - - - _ _ - -_ = _
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.
28
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.
29
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 Jul y 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 Sign. 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:
"M" 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 Façade:
"M" 10.75 square feet 1 10.75
West Façade:
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
facade 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 Sign. 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
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