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HomeMy WebLinkAbout2015-10-01 Memorandum for 10-08 PC Meeting TPC 3601 Thurston Avenue N, Suite 100 '" 3 ENCLOSURE Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: October 1, 2015 RE: Oak Park Heights— Sign Revisions TPC FILE: 236.12 At their September 10, 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 October meeting. The Planning Commission also asked that a public hearing be advertised for that meeting. Please find attached a draft of the revisions (September 22, 2015) based upon the Planning Commission's discussion. Also, find a clean version without the struck/bold notations. Please note the changes on the struck/bold copy that have been made since the September meeting: 401.15.G.1.c. (Page 2) The Planning Commission determined that the section titled Effect was very similar to the previous section Purpose and intent and asked that the Effect section be eliminated. 401.15.G.7.b. (Page 9) A period was added at the end of the sentence ending in calendar year. 401.15.G.8.d (Page 19) The table has been 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. The Planning Commission was favorable to this change. 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 discussed whether this language should be added for these Districts and agreed it should. 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. The drafts reflect the addition of this language. Conclusion The Planning Commission should review the changes that have been made to the draft and hold the public hearing. City Staff has sent a notice to all members of the business community informing them of the public hearing and asking them to comment if they have any concerns. At the September meeting, the Planning Commission reviewed the Zoning Map that includes the Destination Retail Highway District areas. The Planning Commission recommended that the easterly area marked as Destination Retail Highway District be eliminated, but the west area, at the intersection of Highways 36 and 5, remain. This change should also be a part of their consideration and recommendation. If the Planning Commission forwards a recommendation, it is expected to be heard by the City Council at its October 27, 2015 meeting. 2 Draft—September 22,2015 12'17 401.15.G. 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 1 2) Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance Y P 9 ppearance 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•- - - - - -- - •, ", - ", • - - - • - - - we - - - - - - . •- - - - • - - - -- -- - - - - - - - - • - 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 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 401.15.8.7 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 Cede, 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. 4 401.1 5.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. 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 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: 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 fifteen (15)feet. d) The sign(s) shall be located to accommodate said sign and o) The area around the sign shall be landscaped in such a c treef whichever is greater feet. 7 eight (8)feet. d) The sign shall not be displayed for a period to exceed twelve 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. 9 P i. Any sign or display which contains or consists of banners, bannerettes, pennants, ribbons, streamers, strings of light bulbs, balloons and hot or cold air inflatable devices, spinners or similar outdoor advertising devices, except as may be approved by a special event permit in accordance with the provisions as set forth in Section 401.15.G.8 of this Ordinance. j. Portable signs. k. Wall graphics. I. Beacons. m. Multi-faced signs. n. Signs supported by guy wires. 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 calendar year. The total numbor of a total of fifty(50)special event days in a calendar year. - - - -:- - • - - - - - - - -- , - - - ---, or public and institutional use. Once the time period has expired for a special event the applicant shall wait the same number of days that the sign permit was issued to start a new special event. 22 c. Events in the Destination Retail Highway District. The business or applicant in the Destination Retail Highway District shall be (12) sales events per calendar year. The total number allowed a total of one hundred eighty(180) of special event days in a calendar year shall-net - _z e _ _ _ _ -_ '.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. c) Helium balloons shall be refilled daily. 2) Tents. a) dents, including all-ties, ropes, stakes, etc., shall be located 31 3) Bannerettes and Pennants. a) Bannorottos and pennants may be attached to poles,tents, pole or object. 4) Banners. a) Banners may be attached to poles, tents, and buildings, 22 22 c) Individual banners shall not be larger than twenty eight (28) exceed one hundred forty (1 40) square feet. The applicant 10 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: _ • - a . _ - - - - • - - - . • : • - - - - - not to exceed two (2) square feet in area per frontage. 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: 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 area is integrated into the allowed sign and subject to the following: signs. (2) The sign shall not directly face a residentially zoned demist. 13 II (3) The changeable copy portion of the sign shall not (1) The sign message shall not change less than every ten a) Electronic signs shall be shielded to prevent lights from being b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000)nits during daylight hours or five hundred(500)nits from sunset to sunrise measured at the sign face at maximum brightness. c) Signs using fluorescent, neon-or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating-LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with these subsections and 101.15.G.5 of this Ordinance upon request by the zoning administrator. 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. - • - - - - - - • - • - - - = -- - - - - - allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: signs. (2) The sign shall not directly face a residentially zoned (3) The changeable copy portion of the sign shall not (4) The sign message shall net change less than every ten aa 5) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being iffePertiesr 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 Ii c) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12)watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with these subsections and 101.15.G.5 of this Ordinance upon request by the zoning administrator. 5) Exceptions in numbers of, height or size of signs may be allowed for the signs indicated in Section 401.15.G.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 Sig-Aree llewable Allowable 13-2 and B 3 Districts 100 SF or 15% up to 300 SF B W and I Districts 125 SF or 18% up to 400 SF Footnotes: 4-) . _ _ _ :••.e 24 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 - - - : - - - - ••• •• •• . _ _ • _ • _ . . :- . 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 signed (2) Decorative shrubbery and/or flowers must be incorporated as a part of the monument design and are maintained on a regular basis. for the--lot. a slope of three to one (3:1) where the borming is (5) Signs allows pursuant to Section 101.15.G.6 of this Ordinance. c) The cumulative total sign area, when added to the gross sign arcs of all wall signs on the site, except for wall and 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) twe-(2) by conditional use permit for single occupancy buildings provided the following minimum standards are met: (1) There shall be no freestanding sign exceeding twenty (20)eight(8)feet in height upon the lot. (2) The wall signs shall be identical in style, color and size. under Section '101.15.G.9.d.1) of this Ordinance. 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: signs. 19 (2) The sign shall not directly face a residentially zoned district (3) The changeable copy portion of the sign shall not (4) The sign message shall not change less than every ten .. e _ . 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. 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. 4) 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. 20 401.15.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. 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. =- II - - - - - - - • _ - _ • - - :.e • - - • e as part of an approved planned unit development, maximum 21 _ - •e-• • ' - e ' - - - _ =t. ° • - _ I I I I • _ . . S I I I I _ . i • • • e•- w - w- _ _ .... • . _ • et .. . . .•_ 9 ! . . _ - . • • _ . . . _ . . . 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). 22 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.: .:-- e - : - - - I. - - - - - - -e - • - . - - :•e • - 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: 23 a) Changeable copy signs shall only be on freestanding signs. b) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. c) The changeable copy portion of the sign shall not occupy more than thirty-five (35) percent of the actual copy and graphic area of the sign. d) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature shall change not less than every three (3) seconds. 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. 24 401.15.G.11. NON-CONFORMING SIGNS. a. General Provisions Governing Non-Conforming Signs. 1) Continuation of Use. A non-conforming sign lawfully existing upon the effective date of this Ordinance may be continued at the size and in the manner existing upon such date. 2) If any property use or business changes ownership, all signs on that property, including any sign identifying a business no longer in existence, shall be brought into conformance with Section 401.15.G.15.c) within thirty (30) days. 3) Prohibitions. A non-conforming sign may not be: a) Structurally altered except to bring it into compliance with the provisions of this Ordinance. b) Enlarged. c) Re-established after its removal or discontinuance. d) Repaired or otherwise restored, unless the damage is less than fifty (50) percent of sign structure. e) Replaced. 4) Non-Conforming Sign Maintenance and Repair. Nothing in this Ordinance shall be construed as relieving the owner of use of a legal non-conforming sign or owner of the property on which the legal non- conforming sign is located from the provisions of this Ordinance regarding safety, maintenance, and repair of signs, provided, however, that any repainting,cleaning,and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more non-conforming or the sign shall lose its legal non-conforming status. b. Non-Conforming Uses. When the principal use of land is legally non- conforming under the Zoning Ordinance, all existing or proposed signs in conjunction with that land shall be considered conforming if they are in 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 25 person in charge thereof in a clean, sanitary, and inoffensive condition and free and clear of all obnoxious substances, rubbish and weeds. Notice shall be given to the Zoning Administrator of any change in sign user, sign owner, or owner of the property on which the sign is located. 401.15.G.13. INSPECTION. All signs for which a sign permit is required shall be subject to inspection by the City Building Official. The Building Official may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this Ordinance. 401.15.G.14. SIGN PERMIT AND APPLICATION. a. Sign Permit Required. Except as provided in this Section, no sign or structure shall be erected, constructed, altered, rebuilt, or relocated until a sign permit has first been issued by the City. The fees which shall be charged for sign permits under this Section shall be in accordance with the fee schedule as determined by resolution of the City Council. b. Sign Application. The following information for a sign permit shall be supplied by an applicant as requested by the Zoning Administrator or designee: 1) Name, address, and telephone number of person making the application. 2) Name, address, and telephone number of person owning the sign. 3) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. 4) The location, diagrams, and dimensions of the building, building elevations, structure, and lot to which, or upon which,the sign is to be attached or erected. Building elevations shall include an artist's rendition or color computer graphic simulation if required by the Zoning Administrator. 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. 26 7) Plans, location and specifications and method of construction and attachment to the buildings or placement method in the ground. 8) Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. 9) Written consent of the owner or lessee of any site on which the sign is to be erected. 10) Any electrical permit required and issued for the sign. 11) The name of the person,firm, corporation, or association erecting the structure. 12) Such other information as the Zoning Administrator or designee requires, showing full compliance with this and all other laws and ordinances of the City. 13) If the work authorized under a sign permit has not been completed within twelve (12) months after the date of its issuance, said permit shall become null and void. 401.15.G.15. REMOVAL OF UNSAFE AND ILLEGAL SIGNS. If the Zoning Administrator or designee finds that any sign or sign structure is unsafe or in violation of the provisions of this Ordinance,written notice shall be given to the owner and/or party responsible for the sign to comply with the standards required by this Section in a prescribed time frame and manner. The removal of the signs shall be done in the following manner: a) Permanent Illegal Signs. The Zoning Administrator, or his/her designee, shall order the removal of any permanent sign erected or maintained in violation of this Ordinance. Those signs deemed unsafe by the Zoning Administrator or designee shall be ordered removed immediately. Thirty(30) days notice in writing shall be given to the owner of all other signs or of the building, structure, or premises on which such sign is located, to either comply with this Ordinance or remove the sign. The owner of the sign, 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: 27 1) Fee Payment. For impounded signs,there shall be an impoundment and storage fee, as may be approved from time to time by Council resolution. 2) Retrieval of Sign. The sign shall be retrieved from a designated impound area during routine business hours and within fifteen (15) days from the date of impounding. After fifteen(15)days,the City will dispose of the sign. 3) Liability. The City shall not be held liable for any damage to impounded signs. c) Out of Business Signs. Signs not used for signing when a business permanently closes or leaves the tenant space shall be removed or altered within thirty(30)days from the close of business. Wall or freestanding signs and sign structures that are in compliance with the provisions of this Ordinance but are not in use shall be addressed in the following manner: 1) Wall signs. The sign shall be removed. 2) Wall signs(cabinet). A blank face shall be inserted in the cabinet that is not illuminated. 3) Freestanding Signs. A blank face shall be inserted in the cabinet that is not illuminated. _ _ - -- _ _ e = _ . -e _ :e. 4) Non-Conforming Signs/Sign Structures. All non-conforming signs and sign structures shall be removed in compliance with Section 401.15.G.11 of this Ordinance. d) Administrative Enforcement. Enforcement procedures for violations of this Chapter shall be conducted as outlined in Section 101.05 of the City Code. 401.15.G.16. VARIANCES. In order to provide additional flexibility in the enforcement of this Ordinance and to alleviate hardship and injustice, the City Council may, upon application, grant a variation from the terms of this Ordinance. Upon application, therefore, from the person seeking a permit for the erection or installation of a sign, 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: 28 1) That particular physical surrounding, shape, or topographical conditions of the specific parcel of land involved exist. 2) That the condition involved is unique to the particular parcel of land involved. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value of income potential of the business involved. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or interfere with the function of the Police and Fire Departments of the City. b. Fees. Fees for the review and processing of sign permit variance requests shall be changed in accordance with the provisions of Section 401.08 of this Ordinance. 29 Draft—September 22,2015 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. 1 401.15.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. 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. 2 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. 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 3 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 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. 4 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: 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. 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 5 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. 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 6 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: 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 7 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 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. 8 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 Y P Y O be allowed a total of four(4) signs for any one (1) project to include the following: a) One (1) monument sign per entrance to the project not to exceed twenty-four(24) square feet or eight(8)feet in height. b) Wall signs not more than twenty-four (24) square feet nor higher than the top on the parapet wall or eave. 2) Other non-residential uses permitted or conditionally permitted in the 0, Open Space Conservation or R-3, Multiple Family Residential Districts shall be allowed one monument sign, not to exceed eight(8) feet in height and one (1)wall sign, the aggregate square footage of sign space shall not exceed forty(40) square feet. 3) Parks or public facilities shall be allowed one (1) monument sign per street entrance, not to exceed eight(8)feet in height and one(1)wall sign. The aggregate square footage of sign space shall not exceed sixty (60) square feet. 4) Changeable Copy Signs— Manual and Electronic— Non-Residential Uses in the 0, Open Space Conservation District as regulated in Section 401.15.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; 9 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 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: 10 Pylon Monument Principal Structure Height Sign Size Height Copy and (Gross Square Feet) (feet) (square feet) (feet) Graphic (square feet) Multiple Occupancy 20 100 20 100 Business Buildings Destination Retail Highway 40 200 20 100 District Greater than 200,0000 30 150 20 100 100,000 — 200,000 25 120 20 100 10,000 — 100,000 20 100 20 100 5,000 — 10,000 18 80 15 80 Less than 5,000 15 60 8 60 2) Wall Signs. a) Size of sign permitted is determined by the gross square footage of the principal structure located in the development. b) The maximum number of wall signs on any principal building shall be three (3), and in all cases, each sign shall be placed on a separate building facade, with or without street frontage except as allowed for multiple occupancy buildings in Section 401.15.G.10.d of this Ordinance. c) The maximum number of wall signs allowed may be increased over three (3) by conditional use permit for single occupancy buildings provided the following minimum standards are met: (1) There shall be no freestanding sign exceeding twenty (20) feet in height upon the lot. (2) The wall signs shall be identical in style, color and size. d) The following table lists the maximum size and heights for permitted signs in the B-2 District, B-3 District, B-4 District, B-W District and I District: 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, 11 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. 4) 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. SPECIAL DISTRICT PROVISIONS. a. Motor Fuel Station. 1) Signs for motor fuel stations shall be regulated by the single occupancy business structure sign provisions for the zoning district in which the station is located. 2) Pump island signs shall not exceed two (2) square feet per pump. 3) Portable signs shall not be allowed. 4) The area of all displays and/or signs shall be counted against the total sign area allowed for the site, which includes both freestanding and wall sign allowances. b. Destination Retail Highway Sign District. Signs and sign allowances, in addition to the sign allowances for single and multiple occupancy signs of this Ordinance, shall be allowed within the Destination Retail Highway Sign District as identified on maps on file at City Hall. 12 c. Multiple Occupancy Business Buildings, Industrial Buildings,and Lots. 1) When a single principal building is devoted to two (2) or more businesses or industrial uses, or a lot will contain more than one (1) single occupancy building as part of an approved planned unit development, a comprehensive sign plan shall be required subject to review as to whether the plan is consistent with the sign regulations. The plan and sign allowances shall be subject to the following: a) A comprehensive sign plan is submitted which includes all of the following information: (1) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs, and any other physical features of the area included within the comprehensive sign plan. (2) Elevations to scale of building or buildings included within the comprehensive sign plan including the location of existing or proposed wall signs. (3) To scale plans for all existing and proposed signs of an type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means of illumination (if any). 2) The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign shall not exceed the maximum provisions for single occupancy structures of the applicable zoning district. 3) Except as provided for in Section 401.15.G.10 of this Ordinance, individual tenants of a multiple occupancy building shall not display separate wall signs unless the tenants business has an exclusive exterior entrance. The number of individual wall signs shall be limited to one (1) per entrance, and each sign shall be limited to the maximum wall sign allowances permitted in the district. Tenants on building ends may have a maximum of two (2) signs each to be located at the front and side elevations of the tenant space. The individual signs shall be located only on exterior walls which they are directly related to the use being identified. 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 13 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. 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. 14 3) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12)watts per square foot of sign surface area. 4) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. 5) The owner of any LED illuminated sign shall provide certification as to compliance with these subsections and 401.15.G.5 of this Ordinance upon request by the zoning administrator. 401.15.G.11. NON-CONFORMING SIGNS. a. General Provisions Governing Non-Conforming Signs. 1) Continuation of Use. A non-conforming sign lawfully existing upon the effective date of this Ordinance may be continued at the size and in the manner existing upon such date. 2) If any property use or business changes ownership, all signs on that property, including any sign identifying a business no longer in existence, shall be brought into conformance with Section 401.15.G.15.c) within thirty (30) days. 3) Prohibitions. A non-conforming sign may not be: a) Structurally altered except to bring it into compliance with the provisions of this Ordinance. b) Enlarged. c) Re-established after its removal or discontinuance. 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, 15 however,that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more non-conforming or the sign shall lose its legal non-conforming status. b. Non-Conforming Uses. When the principal use of land is legally non- conforming under the Zoning Ordinance, all existing or proposed signs in conjunction with that land shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. 401.15.G.12. MAINTENANCE. All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition and free and clear of all obnoxious substances, rubbish and weeds. Notice shall be given to the Zoning Administrator of any change in sign user, sign owner, or owner of the property on which the sign is located. 401.15.G.13. INSPECTION. All signs for which a sign permit is required shall be subject to inspection by the City Building Official. The Building Official may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this Ordinance. 401.15.G.14. SIGN PERMIT AND APPLICATION. a. Sign Permit Required. Except as provided in this Section, no sign or structure shall be erected, constructed, altered, rebuilt, or relocated until a sign permit has first been issued by the City. The fees which shall be charged for sign permits under this Section shall be in accordance with the fee schedule as determined by resolution of the City Council. 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. 16 4) The location, diagrams, and dimensions of the building, building elevations, structure, and lot to which, or upon which, the sign is to be attached or erected. Building elevations shall include an artist's rendition or color computer graphic simulation if required by the Zoning Administrator. 5) A site plan showing the positioning and height of the sign(s)or other advertising structures in relation to all nearby existing or proposed buildings, structures, and property lines, lighting details, colors, materials, a table of the proposed gross sign area for each sign and the total proposed sign area. 6) Photographs of the building face and the building faces of any adjacent buildings. 7) Plans, location and specifications and method of construction and attachment to the buildings or placement method in the ground. 8) Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. 9) Written consent of the owner or lessee of any site on which the sign is to be erected. 10) Any electrical permit required and issued for the sign. 11) The name of the person,firm, corporation, or association erecting the structure. 12) Such other information as the Zoning Administrator or designee requires, showing full compliance with this and all other laws and ordinances of the City. 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: 17 a) Permanent Illegal Signs. The Zoning Administrator, or his/her designee, shall order the removal of any permanent sign erected or maintained in violation of this Ordinance. Those signs deemed unsafe by the Zoning Administrator or designee shall be ordered removed immediately. Thirty(30) days notice in writing shall be given to the owner of all other signs or of the building, structure, or premises on which such sign is located, to either comply with this Ordinance or remove the sign. The owner of the sign, building, structure, or premises shall also, upon removal of any sign, be fully responsible for repairing, replacing, and returning the ground, building wall, or other mounting surface to its original condition or to a proper condition consistent with the present appearance of the area, building wall, or surface. b) Temporary Illegal Signs. The City may impound signs which have been illegally installed upon public property or within public right-of-way or easement. The sign owner may retrieve the signs according to the following: 1) Fee Payment. For impounded signs, there shall be an impoundment and storage fee, as may be approved from time to time by Council resolution. 2) Retrieval of Sign. The sign shall be retrieved from a designated impound area during routine business hours and within fifteen (15) days from the date of impounding. After fifteen(15)days,the City will dispose of the sign. 3) Liability. The City shall not be held liable for any damage to impounded signs. c) Out of Business Signs. Signs not used for signing when a business permanently closes or leaves the tenant space shall be removed or altered within thirty(30)days from the close of business. Wall or freestanding signs and sign structures that are in compliance with the provisions of this Ordinance but are not in use shall be addressed in the following manner: 1) Wall signs. The sign shall be removed. 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. 18 d) Administrative Enforcement. Enforcement procedures for violations of this Chapter shall be conducted as outlined in Section 101.05 of the City Code. 401.15.G.16. VARIANCES. In order to provide additional flexibility in the enforcement of this Ordinance and to alleviate hardship and injustice, the City Council may, upon application, grant a variation from the terms of this Ordinance. Upon application, therefore, from the person seeking a permit for the erection or installation of a sign, the request for variance shall be processed in accordance with Section 401.04 of this Ordinance, as may be amended. a. Criteria. Additionally, the City Council shall make a finding of fact that an undue hardship or injustice exists if a variance was not granted and therefore, may grant such variations based upon consideration of the following: 1) That particular physical surrounding, shape, or topographical conditions of the specific parcel of land involved exist. 2) That the condition involved is unique to the particular parcel of land involved. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value of income potential of the business involved. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or interfere with the function of the Police and Fire Departments of the City. 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. 19