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Home My WebLink About10-27-15 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 27, 2015 CITY COUNCIL MEETING AGENDA 7:00 P.M., or upon conclusion of preceding worksession 7:00 p.m. I. Call to Order/Pledge of Alle 'ance/A roval of A enda Estimated times 7:05 p.m. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (pg.3) 7:10 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). A. Paris Ave Project Presentation by Cory Slagle(pg. 5) 7:15 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills &Investments B. Approve City Council Minutes—October 13,2015 (pg. 7) C. Approve City Council Worksession Notes—October 13, 2015 (pg. 11) 7:20 p.m. V. Public Hegdos None 7:20 p.m. VI. Old Business A. St. Croix River Crossing Project Update (no enclosure) B. Street Reconstruction Update (no enclosure) C. Consider Possible Revisions to City Ord. 401.15—Signs and Definitions (pg. 13) 7:30 p.m. N . New Business A. Consider Special Census Process (pg. 113) B. 6180 Osgood Ave Demolition(pg. 123) C. Consider Letter of Support—Twin Cities Habitat for Humanity(pg. 127) 8:00 p.m. VIII. Other Council Items or Announcements 8:05 p.m. IX. Adiournment THIS PAGE IS INTENTIONALLY LEFT BLANK Oak Park Heights Request for Council Action Meeting Date October 27, 2015 Agenda Item Recycling Award Time Req. 4 Agenda Placement Staff Reports Originating Department/Requestor �A stration/Jennifer Pinski Requester's Signature Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. City of Oak Park Heiahts 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439A4439•Fax(651)439.0574 October 22, 2015 Judy Delich 15073 63"d Street North Oak Park Heights, MN 55082 Dear Ms. Delich: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, October 15, 2015, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! 3 V Jennifer Pinski Deputy Clerk TREE CITY U.S.A. Oak Park Heights Request for Council Action Meeting Date October 27'` 2015 Time Required: 10 Minutes Agenda Item Title:___ Paris Ave Prosect Presentation by Cory Slagle - Agenda.Placement Visitor's/PubV,6Qent Section Originating Department/Req t Eric J�nson. Citv Administrator Requester's Signature Action Requested eoAction// Background/Justification(Pl indicate if any previous action has been taken or if other public bodies have advised): Mr.Cory Slagle from Washington County will be giving a short presentation on the Paris Ave.reconstruction plan-- slated for 2016.Generally information on the timing,locations,layouts,etc.will be provided. The issues related to storm water costs,sidewalk costs,etc.would be handled through a future Cooperative Construction Agreement that would be negotiated at a later date. THIS PAGE IS INTENTIONALLY LEFT BLANK Oak Park Heights Request for Council Action Meeting Date October 27, 2015 Agenda Item Approve City Council Minutes—October 13, 2015 Time Req. 0 Agenda Placement Consent Originating Department/Reque ststration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. CITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 13, 2015 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of AllegiancelApproval of Agenda. Mayor McComber called the meeting to order at 7:02 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, and City Engineer Mann. Absent: City Planner Richards. Mayor McComber reported that there was a revised attachment for Consent Agenda Item F. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda with the revised attachment. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She thanked staff for clean-up day. She also expressed sympathy for the family of Roger Benson. She reported that the next Parks Commission meeting was set for October 19. B.. Councilmember Dougherty: No report. C. Councilmember Liljegren: He reported that the Planning Commission held a public hearing on the Stillwater School expansion. He stated the main concerns were parking and traffic. He said the Planning Commission also discussed signs which would be on the next City Council Agenda. D. Councilmember Runk: No report. E. Councilmember Swenson: No report. F. Staff: Deputy Clerk Pinski reported that Don Job of 14641 57`" Street North was chosen as the recycling award winner. She also reported there were 281 loads at the Fall Clean-up event. M. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills &Investments B. Approve City Council Minutes—September 22, 2015 C. Approve A-1 Excavating, Inc. Yd Payment for 2015 Street and Utility Reconstruction D. Approve Payment to Washington County—2013 —Campus Project totaling $20,826.21 City Council Meeting Minutes October 13, 2015 Page 2 of 3 E. Approve Resolution and Access Agreement to BCA Criminal Data Communications Network F. Award the REVISED 2015 Fall Tree Removal,Pruning, and Stump Grinding Project to YTS Companies, LLC G. Approve Safety Consulting Contract Renewal H. Approve Letter of Understanding for the Animal Humane Society—2016 I. Approve City Hall Cleaning Contract with East Suburban Resources J. Approve Addendum#2 with Stantec for Street Reconstruction Engineering Services K. Approve MS4 Permit Assistance Agreement with Stantec Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. IV. Public Hearinus: None VI. Old Business: A. St. Croix River Crossing Project Update: City Administrator Johnson reported that City engineering was going to meet with MNDOT staff to deal with remaining as-built elements. Councilmember Swenson, seconded by Councilmember Dougherty, moved to draft a letter to Stantec thanking and praising Lucas Miller for his great work during the project. Mayor McComber added that it should be signed by the City Council. Carried 5-0. B. Street Reconstruction Update: City Engineer Mann reported that phase 3 east of Paris would have the curb finished that week and paving the following week. No action taken. VII. New Business: A. Consider Resolution of Support—City Law Enforcement Personnel: Councilmember Runk, seconded by Councilmember Liljegren,moved to approve the Resolution. Roll call vote taken. Carried 5-0. Mayor McComber suggested the Resolution be sent to Senator Karin Housley, Representative Kathy Lohmer, and Congresswoman Betty McCollum. B. Aporove Trail Easement Acquisition: Councilmember Runk, seconded by Councilmember Dougherty,moved to authorize the purchase of the easement using funds from Park Dedication. Carried 5-0. THIS PAGE IS INTENTIONALLY LEFT BLANK Oak Park Heights Request for Council Action Meeting Date October 27, 2015 Agenda Item Approve City Council Worksession Notes—October 13, 2015 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAY,OCTOBER 13,2015 AT 6:30 P.M. Present:Mayor McComber, Councilmember Swenson,Councilmember Dougherty,Council Liljegren, Councilmember Runk,City Administrator Johnson, City Attorney Vierling, City Engineer Mann,and Deputy Clerk Pinski. Absent:None. 1. Call to Order:Mayor McComber called the meeting to order at 6:30 p.m. 2. Street Reconstruction Updates: City Engineer Mann reported that curb and gutter was being completed on the east side of the project and paving on the west side of the project. City Administrator Johnson reported that chlorination was terminated. Councilmember Swenson stated that Mark Palmer on Osman received a letter from the City of Stillwater that they would be doing the water lines in 2016. Engineer Mann stated he would look into it. No action taken. 3. Discussion on Stormwater Connections and Sidewalk Construction and Maintenance: City Administrator Johnson reported that Washington County made the City aware of cost-sharing elements for the County highway project. He provided the City Council with the County's policies on cost-sharing. Johnson reported that the County was proposing a five-foot wide concrete sidewalk,and the City would need at least six feet for plowing. He stated the County did not feel they could go wider than five feet due to space and easement issues. Johnson noted that the County wanted the City to maintain the sidewalk,but the City could not maintain it in terms of plowing. He asked the City Council whether they would want to require abutting property owners to take care of snow removal on the sidewalk. He said it was possible that the Public Works Department could have equipment in the future that could remove snow from a five foot wide sidewalk. Mayor McComber suggested costs for the sidewalk come from the Park Dedication Fund. City Engineer Mann reported he had several meetings with the County on stormwater drainage into the City. He stated the County had a proposal that would not create any change to capacity compared to what it was today, so he did not see any issue with the City accepting the proposal. City Administrator Johnson reported that the City received a letter that Oak Park Heights would be expected to pay approximately$92,000 per their cost-sharing policy. Johnson stated he notified the County that there may be a cost contribution request for use of the lines. He stated the City then received another letter that the County would cover the cost completely. He asked the City Council whether they wanted to allow the drainage into the City's lines,and if so,did they want to require a contribution for capital costs or a maintenance fee. The City Council was acceptable with a capital payment requirement from the County in the form of a credit deferment. The City Council was acceptable with a maintenance requirement. The City Council wanted to create their own cost-participation policy. No action taken. 4. Adjourn: The meeting was adjourned at 6:57 p.m. Oak Park Heights Request for Council Action Meeting Date October 22,2015 Time Required: 10 Minutes Agenda Item Title: Consider possible Revisions to Qjjy Ord. 401.15—Sims and Definitions Agenda.Placement Old Business X, Z__� Originating DepartmentlR s EnJohn4oin. Citv Administrator Requester's Signature Action Requested See Below/ ider Ado tion of Revisions Background/Justification(Pledicate if any previous action has been taken or if other public bodies have advised): a7 Please see the attached from the City Planner,Scott Richards 1. Planner's report dated—October 21';2015—Please note such documents exhibits as outline on cover page. 2. Proposed City Ordinance—Adoption Resolution. 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCTPQ9Plann1n9Co.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: October 21, 2015 RE: Oak Park Heights —Sign Revisions — City Council Report TPC FILE: 236.12 Background In light of the discussions related to Stillwater Motors and signage allowances this summer, the City Council agreed that the Planning Commission should pursue revisions to the sign regulations, especially as it relates to the Highway 36 corridor and large big box or automotive retailers. The issue has been to provide adequate visibility for businesses along the Highway 36 corridor, especially at the intersection of Highway 5. Additionally, it has been recognized that the regulations needed to be clarified and simplified for the business community as well as for City enforcement purposes. The City Council, at its April 28, 2045 meeting, authorized City Staff to proceed with Ordinance amendments. This effort has resulted in a thorough review of the current definitions and regulations, review other City's regulations, and drafting amendments to the Zoning Ordinance. Please find attached a draft of the revisions as recommended by the Planning Commission. The language in bold represents new language and the language to be removed is struck. A clean version of the draft is also provided for your review. Additionally, City Staff indicated it would create a comparison of businesses in the community representing the signs that had been approved under the existing regulations versus the proposed regulations. That comparison is also attached. Attached for Reference Exhibit 1: Strike and Bold Copy (September 22, 2015) Exhibit 2: Clean Version (September 22, 2015) Exhibit 3: Revised Definitions (August 24, 2015) Exhibit 4: Destination Retail Highway District Map Exhibit 5: Business Sign Comparison (August 2015) Revised Sections 401.15.G.1a. (Page 1 of draft with strike and bold) Changes to the Findings have been made following the suggestions by the Planning Commission. 401.15.G.1.c. (Page 2) The Planning Commission determined that section titled Effect was very similar to the previous section Purpose and Intent and recommended that the Effect section be eliminated. 401.15.G.4 (Page 3) The Planning Commission eliminated some of the definitions and determined that the definitions be removed from this section in that they are already listed in Section 401.02.6. 401.15.G.4 (Pages 3-4) Changes have been made to the general provisions following the suggestions of the Planning Commission. 401.15.G.5.a (Page 5) The language related to Campaign Non-Commercial Speech Signs was revised to reflect the current Minnesota State Statute provisions. 401.15.G.5 (Pages 5-8) Many of the provisions, especially relatea to subdivision and building lease signage needed to be eliminated or consolidated. It was far too detailed for what is needed in Oak Park Heights. Under Additional Allowed Signs, provisions for address or nameplate signage were clarified. 401.15.G.6 (Page 8) Projecting signs was eliminated from the prohibited sign list. 401.15.G.7 (Pages 9-12) After discussions with Julie Hultman, who does sign enforcement for the City, the provisions related to number of special events per year was eliminated. The number of days per year was kept. The descriptions of the types of permitted signs and displays were simplified. 2 401.15.G.7.d and e. (Page 11) Ribbons, streamers and air inflatable devices was moved to the list of permitted signs and eliminated from the prohibited list. 401.15.G.8 (Pages 12-20) 1. The changeable copy section was removed from each of the District standards and moved to one place in the ordinance: 401.15.G.10 on Pages 23-24. 2. Starting in the business and industrial standards on Page 17, the provisions were revised to allow for the amount of signage based upon building size. The amount of signage allowed for businesses was increased in most situations. This is the most significant change to the ordinance, should simplify it considerably, and will be more consistent with the amount of business signage that has been allowed in the past. 3. The language related to exceptions was included for all other District provisions other than the B-2, B-3, B-4, B-W and I Districts. The Planning Commission has determined that the exception language be added for the business and industrial districts. (Page 20) 401 15.G.9 (Pages 21-23) The Motor Fuel Station requirements were kept within the Special District Provisions. The Destination Retail Highway requirements were eliminated in that they are addressed within the District requirements for freestanding and wall signage. The Multiple Occupancy Business provisions were kept in that the provisions detail how multi-tenant building signage is allocated to a building. The Planning Commission determined that specific standards should 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. 401.15.G.10 (Pages 23-24) The Changeable Copy Sign requirements were added here. 401.15.G.15.c) (Page 28) The provisions for out of business signs were clarified 3 Conclusion/Recommendation As part of their review the Planning Commission recommended the following: 1. The revisions to Section 401.15.G. Signs of the Zoning Ordinance be approved as found in the attached drafts. 2. The revisions to Section 401.02.13 Definitions of the Zoning Ordinance be approved as found as attached. 3. Changes to the Destination Retail Highway Sign District. The Planning Commission recommended revising the Destination Retail Highway Sign District to eliminate the easterly area. Only the area at Highways 36 and 5 shall be included. The City Council should consider the recommendations of the Planning Commission at its November 27, 2015 meeting. A Planning Commission recommendation Resolution and City Council Ordinance for approval is attached. 4 Draft—September22,2015 �2,�7 401.15.G. Signs. 401.15.G.1. FINDINGS, PURPOSE AND EFFECT: a. Findings: The City finds: of the Awdranrnmt 2) Signs provide an important Fnedir m through whinh indiyid Calc Fnay hazards, values,pFopeFty 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. e 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. G. Ef eft A sign may ereoted, mounted, displayed or maintained-i�rma�s City Of it is ronfo.•manoe with 'cions ofthis OnaM�:�„�a The eff t es� of this Ordinanne as Frere snerifirally set forth herein is to; zones, and a more forth in this sign ordinance 2) Allow GeFtain small unehtnuciye cigR inGFental to the nrinrinel use of a site in all zones when in remnlianee with the requirements of this sign oFdinonre 3) PF9hibit BOOM NAAG-6-A- i size, type, Illumination OF etheF welfaF�.. 4) PFeyide for the administration enf�ement of the provisions of this sign orrlinanoa 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 Urdinance 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 orthe 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 bythe 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. T-he maximum brightness f the signs n combiRa ioR with the building and site h lighting shall no tf eXGep -the standards fouRd On S¢ inn 401.15.13.7 of nna agse: All electrical service wiring shall be buried. 3 i. Hours of Operation. Signs in the R-B, B-1, B-2, B-3, B4, 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 401.15.13.7 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 SigRage 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. env following standaFds aFe met Where appropriate, the U.S. Flag Code, Minnesota Statutes or Executive Order shall apply to Federal and/or State flag displays. 1 Whefe multiple flagpoles aFe used, them shall -he amaxirnum spaGiRg of twenty(20) feet allowed betweeR the pal 2) Where appmpgate, the Pag Code, Minnesota R-tatlutws OF ExeGWtiVe rthnll apply tq 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. P- P ptyLine5+� No sign he positioned so that it iFnparts or in ovr�Q 'to resodentmal usesor dost"rroGts along adjoining side and Feer yard r►mpeFty 7f7-1�� 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. NetWthstanding any other provisions of the sign erdinaRr.9, all signs of any general elertiGR yeaF uRtil ten (19) days fellewiFig the general eleGtien and thi489R (1 3)ia�99kS r.00F to any c peeiel elertinn unto!fen (1 ill days following ti�nn the eles '�1 'n errnFdanGe with Minnesota S ate Statutes Soi�T -211 Q 046, amended. amened 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. Two(2)signs not evoeed'no twelve (12)c+r uaFe feat shall he allowed per let 4) Upon approval of a final plat for a subdivision having not lass that, five (5) 19ts 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. foi rr(24) Fnn-nthc frerrr the date a nerrrrit me is-s Berl for the cion GF until building permits have been issued fGr eighty-five (85) nernent of the Into or dwelling units within the s bdiyisioo wh'GheyeF is less FeGtF'GtIV9. 6 A sogn shall be allowed foF a subdWismon having net less thaR thFee(3) lets er Prinninal buildings at its entranr.e from a maier eellee.ter OF arterial street provided that a) Not FneFe than ene (1) sign shall he ailowed at eaoh entFan #qts a ■.nair.r r.el tenter or arterial street b) The area of eaGh sign shall not exGeed fifty (50) squaFe feet. G) FreBstanding signs shall be limited to a maximum height of fifteen (1 5)feat d) The sip(s) shall he IGGated to arrerr+rw.edate said sign and the- 1 are to he leeated on e��tletsi th outlet shall be designated aR the pFelimiRaFy plat and I I . 'ins for-the mlemtiftatim signs shall be submitted migith the final plat. e) The area amund the sign shall he landsGaped on SUGh a the oGTTuito+ciy@ to trhiae�nr'ultxl •C�E'es of the_c it landseaPe Plans shall ha innli ided witheaeh sign Permit aPPlieatien aped shall he suhier.t to review and annrr.aral of the Zoning Adw+iniedrator f) The design and c;oRstFwGtieR ef the sign shall be done with the highest quality Fnatearl-als- ;and workmanship to keep the potential fGF vandalism. The sips are to be ae8thet'Gall pleasing when designed and rensatnu-n-t-Redd. The sign shall be onompQtihle with nearby strur•tr gyres in the area Detailed Aenstrur.tion Plans and a materials list shall he insluded with each sign Permit annlir.ation and shall he suhieet to the revie.�r and appFeval of the Zoning AdministFator. 4) Additional sigm shall be allewed upon approval of a final plat fGF a subd'y'smen having not less than three (3) lots GF approval of site and building plans feF eRe (4) let by the Zoning Administrato pFevided that a) One (1) sign shall be allewed per projerat OF 6ubdivision o street whichever is greater b) The aFea of the Sign shall Ret eXGeed SmAy fOUF(6-) SqUaFe feet-. 7 G) FFeestanding signs shall be limited to - height 9 d) The sign shall not be displayed fGr a perie.d to eX.eed twelve sign OF unto! oGGupanGy peff:Aft have been i6sued for eighty five (85) peament ef the tenant spaGes within thin . 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 Drnine+tinn signs g. Roof signs. h. Signs displayed on vehicles within open sales lots. L 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)SpeGial events pef nal ar year. The-totaln�rvv neer of a total of fifty(50)special event days in a calendar year. shall not exGee l fifty(60)lora fr.r any applGr ant business,, r.r p blip and institutional „so. 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 allowed tw (12) sales- awaRts per Galendar year. The total nu allowed a total of one hundred eighty(180) of special event days in a calendar year shall not exGeed one hundFed eighty(180)days 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 401.15.8.8 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 a) The size # small balloons or a gFoun of r.enneGteed halle-ens shall net emeeed two (2)feat as the Iarelest dimension,evser�t that balloon arGhe6 A9t eMGeeding eight(8)feet in height shall be aNewed;. b) Small balloons may be multo GoleFed and ORGGFPGFate leges a G) Helmum balloons shall be Fefilled daily.- 2) Tents. a) Tents, ine.lueding all L' �oes , stakes, eitG.p shall be IOGate.ed e Gityi 31 3) Bannerettes and Pennants. n\ Qannerettes and pennants may he atFarheed to poles, tents—, , and buildings, provided thatthey are aoyll s;negureted and are prevented frem being blown aro Anel unGontrnllably bythe brined b) No mome tham twe (2) pennants may be attaGhe standard pole OF eh eGt E;) No FneFe than one(1)baRnA-.m-#--A- shall be allowed PeFstandaFd pole 9F objes&. G) BanneFettes shall be sFnal'eF than aF;y WRited States flag on the propertyand shall net he fdoum at a height gFeater than r c-�vuc'm`-c"urT any United States flag allowed on the nrenerty 4) Banners. rBunnem maar he attached to nodes s� and h��iletina _. � � ss n rr�y rimae! that they are well ser+ geed and ore nre�re ntert from 2� 10 (28) square feet .mac• long as the total size of the harane.m- Acca Rot exceed ene hundFed forty(1 40) eq sere 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. rihhenc 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. 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-113, RAC, 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) GRe (1) Sign f0F 8aGh unit in a single and two famil■, Fesidential abuttin@ Fnere than e_ Pway 6hall be allowed one (1) sign not to exreed Wo (2) 6quaFe feet in aFea 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-113, 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. O, Open Space Conservation and R-3, Multiple Family Residential Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to: 1\ One (1) sign fer each unit in a single and tare family dwelling net BXGeeding two(2)square feet OR A-Fea peF suFfaGe. Lots abutting mefe than one (1) right-of way shall be alle-wed- eFie (1) sign not to exceed fire (2) sq aFe feet in arae per frr.ntage. 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 O, 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 O, Open Space Conservation District as regulated in Section 401.15.G.10) of this Ordinance. RtegFated IRte the allowed Sign and subjeGt to the fellewing: (1) Ghangeable eo9py signs shall only be on #eestandlng ___________-________________________________________________- .0111,17 (2) The sign shall net d-oFeGtly CaGe a residentially wned pFoperty and shall -he s6et -han-k at least fifty (50) feet 13 (3) The Ghangeable Gepy peFtien of the sign shall AeoUpY mere than thiFty five (5) pernent of the aetual (4) The sign Fnersage shall RGt Ghange less than eveFy ten (1 Al npGeRs. Hour,Tminute, date nr tampers+.pro shag change not less than eveFy three (3) seconrds 5) Elertrenir. Sign Illumination a) Ele(AFeniG 6i@A6 shall -he shielded to pFevent lights-frern rliree+terl at eneeming traffic in sUnh hrilliAnna that it impairs the yisien of the dr ver and may not interfere with OF ehsc ire traffin signsoFsign.�Lighting may not illuminate any adjQGeF;# properties buildings OF streets s b) No sign inns rnorating LED lighting may he illi aminated in any (6,909)nits d ging daylight hours or-five hundred(500)nits fmm G) Si ns�flUGMGent neon OF innandesGent nes�rv+en Shall not eTvxreedtwelve (1�]��. perof sign surfaee area rd) All signs innerperating 1=6D lighting installed shall he equipped with a menhanism that awutematieally adjusts the brightness to ambient lighting eeni•l itieni+ tg l+enfr►rm to the requirements of thin n��hsae+tien el TheowTer o LED illi iminaterd sign shall pmyide nedifi at�T as to compliance Wth these subsertiens and 401.1 6.G.5 of this Ordinanne upon regi gest by the zening arlministrater 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. PII, 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— PII, Public Institutional District as regulated in Section 401.15.G.10 of this Ordinance. a) One manual or elecAronnG rhaRgeable repy sign shall be _ allowed per site provided that the changeable re nye area is integrated intra the allowed sign and s "Ito }he fellewing• (1) Ghangeahle repo signsshall only be en freestanding (2oe sign shall net direr.tlyi fare a residentiallyr mooned I pp• erta■�hall he set hank at least Fifty (50) feet f.�rpe,,r�p�paRy side or rear lot line abutting a residential tli'ptrrt (3) The Ghangeable Gepy peFtien of the sign shall not ropy and granhir area of the sign (4) The sign message shall not rhapge less than eyenr ten /4111 s nds I. GUr minute date OFtemnerat-ire shall change not less than every three (3) serends 5) Ele-r-Are-mir. Sign Illumination f b) No sign incorporating 1 CTD lighting mays be illi aminated in any ways so as toexree a mavima .m. intensity of five thousand (5 he,usaa d(5a 000)nits during daylight hey yrs er fye hundred 15.00)nits from net to s�mdse measu grad at the sign far ��m --- 6�Irr�crcv-acrrrn e��iEFf�lurr� brightness 15 `hall FRat texanetl-tYl!' a (12) watts peF squafe fent of sign d) All si )Fating LED lighting installed 6hall be equipped ambient lighting nendkiens to r+onfmm to the regi lirementn of this+ s■Ihc+e.+tien ) eThe ow•} ar. LED ED illi Iminated nigra shall pm Ade eeFt ftatiera // as tg ngmnlianGe with these nr bseGtienn and 401.1 011 F. G 6 of this 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: 11 Maximum Al!Gwahle Sigra Are._ EslF11R.A. r+91...var. Q Ir bran G 1��,'I a Alls.ar.�4.la A�abW3) 0 B-W afld 1 D'&tFirts 1266 SF or 18% up a `I'99-" Footnotes; -'-)—Allowable sign aFea Fegardess of building faGade-. ")_Ma*wmwm allow-able sigR area based en per-eentage area of frent building farad . When We (2) or more streets, GalaulatleR `Tr of"tThe mammmum al'owable sign area shall be based upen the fFent building faGade esign erea ger lot sr business. Signgena nvnoonlinn the m.�vimr rm shewn OR wrap imn n but lens than the rarr.ra slle..red r F;miumn b hepeef, may be allowed by r.Mditienal use P8FMit OF aS part of an 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 Sign area Fnay non erre hundred ( single lot. � eat �c��ee � W squaFe feet and- a Maxi.m.u.m. height �f twenty (20) fe . The freestanding sign base shall be surrounded with a landscaped planteF at Ward thrPma aa_ thies (3) feet On height and GenStFUGte Matep 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 sign shall not exceed a height of eight (8)feet (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 grecs area of the signs when added_tegether With Lo7�^�9Ta�vu'� � all ether freestanding and Mall sign areas does not emceed the maximum allowable sign area established for the VT the lett. (4) Menument signs may inGorporate additional be a slope of throe to one (3.7�Tefe the I vTzm�-ia I andne.aning shall he provided on the slopes of the �arrvvv in and areund the planter with a sin;!!aF_attrartoye design In both�estr thee height of sign, the planter box shall not evneed eight (8)feet (5) Signs al!Gw.6 p m rant to CeGtien /1014 41~ r_' R of this �' G) The GUmulative total sign s when added to th I aroa of all wall signs on the site exr.e} fgr ..,all a.,d fim-e-st-and-OR9 signs that do not count towaFd the m i -allev.AW-a-ble Sign aFea pursuant to SeGtion 401.15.G.6 of this OrdonanGe, shall net A-meeed the maximum a.lowable sign are-a 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 Py on 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 — 900,000 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) hw (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. n\ The numulativo total sign aFeo when added to tho grAsn Sinn area of all freestanding signs nn the site ncnt fnr u�llgnd s nv freestanding signs that do net eeunt i-ard- h.P- Maviu�cOMarM ellewablo sign aro. n. Fa ..int to Qootien of this QFdonanrae, shall not exGeed h rwimI im ellnuiahlo sign area 18 dd) Signs may also he nlaGed on the side of a buildiRg net fae-ine-. a stFeet. No building site Fnay have signage in ex-Gess of the 6ignage alle-mmed for that side of the building based upon the d) The following table lists the maximum size and heights for permitted signs in the B-2 District, B-3 District, B-4 District, B-W District and I District: Principal Structure Individual Wall Sign Total Wall Signage for Gross Square Feet Calculation Property Multiple Occupancy 200 square feet 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. el!Gwed per site provided that the nhangeahle need area in integFated into the pllnufed sign and si.hieGt to the fellewing- ( 1) Ghanneahle nenv sines shall only he en freestandin/Y 19 property and shall be A-et bar-* at least fifty (60) feet f�rpr��,w�Gt Ap,,}aRy girls or rear lot line ab �##iR@ dist n rnnirlor�#ioI . (3) The n-h-aRgeable cmpy poFtion of the sign shall Rot graphiG area At the sk (4) The sign message shall nn#rhangn less Phan eveFy ten 7�f' (10) sewFids. Hey err Fnin rte, date or temperature shag !nl Clnntrnnin Sign IIIUminatirsn aEler*eNG sgks shell he shielded to prearent lights frem heirag nigras er signals I ightinn may not ill aminate any adiancnt prapeFM6r b) No sigR LED lightiRg may be illuminated ki afiy (5,000)nits du ging daylight erfiye- hundred(599)nits frem suRset to sumine Mea-qurrnd at themi hrightRess r Shall RGt 8XGeed twelve (12) watts peF squaFe foot of sigR s��rfeno area d) All Fating LED lightiRg kistailed shall be equipped this suhsention e) The nwner of any LED illumiRated nigra shall pFWde%Ftifii.ation .n as t nllannc uii#—h th�ee subssnGo�ns r►d Ant �� r 6 of tah-rr�.�s. Ordinar.ne u pen request by the inning administrater 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 F eestandiRg-Signs a) One(1)froestanding sign for business developments as part of an appFeyed planned unit development not evoeeding we hundred (200)square feet with a maximum height of"(All) feet. Th sign faG86 6hall be Tien+ed towaFd Highway 2-6and Highway 6 and away ftem residentialyelonm,en+ss.. The pllante� !east three matedals to matGh the pNRGipal building. The planter shall of an annreyed planned unit development the allGwanoes for freestanding signsfe id in Sest+on 40-1. .0 of this flydin.,nnr._ _shall he increased to allow one 141 sign net exr.eeding one hundred fifty(1 50)sq pare feet and a maximum heightf� _t,�T30) feet. The freestanding bion base shall be r, FFG ended with a landsnane planter at least three (3) feet in height and venstrcruGted of materials to Fnatoh the prineinal building. The plaTteF shall oontain deoerat'ye shn uhhen•and/or flower materials that are maintained on a regi !aF basis `) Wall Signs. For single oonUpanoy lots and business developments as.7parttoo an appFeved tinned unit development, maximum 21 ardinnAAA �hall he inrreacerl to eighteen /1521 nerrtent fr.ralleursbln sign area based upen per-Gentageand-five h---ndFed (500)squaFe feet t. G. Single 0GGUpanGY Retail Stores Exeseding One HundFed Thous (100,000) Sq pare Feet. The followinn mev' 6periftatiqRs shall apply fer single GGG UpaAGY nommeroiel ctr-inti�rec of one h��nrlred thou�saa cravccn-ca r (1)freestar.r uRg sign not to exreed-NAe h--ne+lred (200)square feet and a maximum height of thirty (30)feet 2) Wall Signs. Maximum allowable sign aFea al!Gwanr-,A-r-. feund- i (1 8) pement for elle 1AFable sign aFeo based upon pmentage and fire . - . -- . '600) squaFe feet. of maximum allowable sign area per lot 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 pian 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. 3) Mixed use multiple eGraupaney buildiRgs and developments with multiple single OGGUpaFIGY buildings Fnay display a freestanding sign-io addition to nnrl i+ennistent Wth the appliGable wrung dinfdrt r Feyinions of RRQi�'t�virffFees a q7 Ordinanne� The ee cling sign r;ay net nvreed rine hundFed (100) c+quaFe feet and a Fnaxim ern heigh4 of Wenty(20)feet. The f0eestanding sign base shall-ban a landsGape p!aF;teF at least three(3)feet in height and GonstruGted Gf 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 sa 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. 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 anyway 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, orsurface. 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. The sign aFea shall be totally G9408ma 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 bythis 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 signor 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 401.15.13.7 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. f. 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-113, 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-113, 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. O, 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 O, 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 O, 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. PII, 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/l, 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 P on 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. 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. G) 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. h- 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. Afterfifteen(15)days, the Citywill 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 409.08 of this Ordinance. 19 Draft- August 24, 2015 401.02.13 DEFINITIONS. Note: The Planning Commission determined that this section should be eliminated from 401.15.G. The definitions will remain only in Section 401.02.B. Sign Related: i AiF inflatable DeviGes. A balloon that eXGeeds two (2)feet diameter-. 2. Alteration: Any change to a sign excluding routine maintenance, repair, painting or change of copy of any existing sign. 3. Animated Sign: Any sign that uses movement or change of lighting to depict action or create a specific effect or scene, including devices with or without a commercial message, such as spinners and windsocks, but not including barber poles and time and temperature signs. 4. Artificial Light: Illumination resulting from intemal or external artificial light sources, including glare and reflected light byproducts of artificial light sources. +hA f+s..e ref c•„. . eFt building 6. Balloon. A flexible, inflated bag in va�ieus shapes and . , nh+h r.r plastic_like n9n6i6t9AGy R_a_nRerette! Flexible material that resembles a flag, and has minirAwn dimensions of two(2)feet by t�w(2)f9et-and- ne- laFger than thFee (3)feet-by 9. Beacon: Any light with one(1)or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source; also, any light with one (1) or more beams that rotate or move. 10. Bench Signs: A sign which is affixed to a bench such as at a bus stop. 11. Building Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. 1 12. Cabinet Sign: A sign that has framing around the entire sign message with a removable face. 13. Canopy Sign: The area of copy, graphic, or identification which is affixed to a projection or extension of a building or structure, including a marquee, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building, or place of assembly. 14. Changeable Copy Sign, Electronic and Manual: A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes(LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Manual signs include those with characters, letters or illustrations that can be changed or rearranged manually without altering the face or the surface of the sign. 15. Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment. 16. Copy: The wording on a sign surface either permanent or removable letter form. 17. Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. 2 18. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures,with orwithout text information, defined by a small number of matrix elements using different combinations of light emitting diodes(LEDs),fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, re-pixelization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto building or other objects. 19. Flag. A pleoe of Gleth oF bunting YaFying OR Aninr And d sign, used as a symbel7 standaFdf emblems OF zr�r-r� 20. Flashing Sign: An illuminated sign upon which the artificial light is not kept constant in terms of intensity or color when the sign is illuminated. 21. Freestanding Sign: A self-supported sign not affixed to another structure. 22. Ground/Low Profile Sign: A sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is not elevated from the ground by means of a pole or free-standing support structure, but is placed directly on the ground or on an interior planter base which is incorporated into such a design arrangement. 23. Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. 24. Integral Sign: A sign carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure. 25. Marquee: See canopy. 26. Maximum Height of Sign: The vertical distance from the base of the sign,or the grade of the road centerline, whichever is higher, to the top of the sign. 27. Monument Sign: A freestanding sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is attached to the ground by means of a freestanding support structure, is solid from grade to the top of the structure, has materials that are constructed of the same primary building materials of the principal structure, is placed directly on the ground or on an interior planter base which is incorporated into a design arrangement. A monument sign shall be considered as one sign though it may have two (2) faces. 3 28. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives illusion of motion. 29. Multi-Faced Sign: Any sign with a sign face oriented to more than two (2) directions. 30. Multivision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. 31. Neon Sign: Any sign that utilizes a brightly colored gas discharge lamp without filaments that is bent into letters or designs. 32. Non-Commercial Speech: Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages conceming political, religious, social, ideological, public service and informational topics. 33. Off-Premises Sign: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premises sign. 34. Official Sign: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty. 35. On-Premises Messages: Identify or advertise an establishment, person, activity, goods, products or services located on the premises where the sign was installed. 36. Opaque! A deg.Tee OfVb GGurat'ie R7T of kjl* building. kind,38. Pennants; Flexible FnateFual, whether ar nAt r-nntaining a Fnesrage efany ! 7 7 usually triangulaF shaped and-FiR7 4 39. Portable Sign: Any sign which is manifestly designed to be transported, including by trailer on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. 40. Principal Building: A building or buildings in which is conducted the principal use of the lot, not including storage buildings, garages, and buildings for other clearly accessory uses. 41. Principal Frontage: The wall of the principal building on a lot which fronts toward the principal public streets. 42. Projecting Sign: A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. 43. Public Entrance: Any passage or opening which affords entry and access to the general public or customer. 44. Public Entrance, Common: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants. 45. Pylon Sign: A freestanding sign erected on one (1) or more freestanding shafts, posts, or piers which are solidly affixed to the ground and not attached to a building. A pylon sign shall be considered as one (1) sign though it may have two (2) faces. deserate. 47. Roof Line: The top of the comice or, when the building has a pitched roof, the intersection of the outside wall with the roof. 48. Roof Sign: Any sign which is erected, constructed or attached wholly or in part upon any roof or over the highest roof line of a building. 49. Rotating Sign: A sign which revolves or rotates on its axis by mechanical means. 50. Service Entrance: Secondary passage or opening to a structure which is intended for delivery and removal of merchandise or goods, and which is not intended as a public entrance. 5 51 Sign: Any letter,word or symbol, poster, picture, statuary, reading matteror representation in nature of advertisement, announcement, message or visual communication, whether painted, posted printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. 52. Sign Area: The surface of the sign upon, against or through which the message of the sign is exhibited. 53. Sign Setback: The distance from the property line and curb to the nearest part of the sign, measured perpendicularly to the property line or curb. 54. Sign Structure: The supports, uprights, bracing and framework for a sign. 55. Special Events: A temporary indoor or outdoor promotional or sales event. 56. Street Frontage: The side of a lot abutting one (1) or more streets. An interior lot has one (1) street frontage and a corner lot has two (2) or more frontages. 57. Temporary Indoor Promotional or Sales Event: A temporary promotional or sales event directed towards the general public including only grand openings, storewide sales, craft shows, registration for day care, an educational, recreational, civic or religious activity, and community celebrations. 58. Temporary Outdoor Promotional or Sales Event:A temporary promotional or special event sale directed towards the general public, including only grand opening sales, storewide sales of materials and products that are typically sold or serviced on the premises, registration for day care, an educational, recreational, civic or religious activity, community celebrations, warehouse sales, tent sales, sidewalk sales, craft shows, flea markets, inventory reduction and liquidation sales, and mechanical or animal rides. 59. Total Allowable Sign Area: The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated so as to create a surface area in excess of this requirement. 60. Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. 61. UL Approved: A device which has been approved by the "Underwriters' Laboratories". 6 62. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to,the illusion of moving objects, moving patterns or bands or light,or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. 63. Wall Sign: A sign affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, nor extend beyond the top of the parapet wall. Banners do not qualify as a wall sign. 64. 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Iru7■:*.*��i 1 ��9:�i:i111nIn r— � r y�N 11� �'1 r 1*y+►1 �-� = Iluullilt�>=�Illu: k i��r 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile; 763.427.0520 TPCTPC@?PlannlngCo.00m MEMORANDUM �V3Il�S' TO: Eric Johnson 1 FROM: Scott Richards ®� DATE: August 6, 2015 RE: Oak Park Heights - Sign Revisions TPC FILE: 236.12 At their July 9, 2015 meeting the Planning Commission discussed the draft sign revisions. City Staff indicated it would review previous developments and comnare 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 fagade facing 60'' Street and the other facing east. Total Allowable Signage. The total square footage of signage shall not exceed 300 square feet for the site. The wall signs are 41 square feet each for a total of 82 square feet. Any additional signage, including all directional signs shall be subject to review and approval of City Staff The signage would be compliant under the existing and proposed regulations. 2. Joseph's, 4,700 Square feet Freestanding Sign. The applicant has proposed reusing the existing pylon sign structure but will replace the faces to include the new logo for Joseph's. The sign structure is grandfathered. The Applicant has indicated that the tower feature on the sign shall be removed. Wall Signage. The elevation plans indicate one wall sign that would be 38 square feet. The sign is well within the allowances for a wall sign. The signage would be compliant under the existing and proposed regulations. Principal Structure — 5,000 to 10,000 Square Feet 1. McDonald's, 5,144 Square Feet Freestanding Sian. The applicant has proposed that the existing freestanding sign at the front of the building remain as is. The sign is 35.6 feet in height and the face of the sign is set at the property line. The current sign includes a changeable message board. The Zoning Ordinance would allow one freestanding sign on the site no more than 100 square feet and at a maximum height of 20 feet. The sign, by ordinance, should be set back five feet from the property line. The sign is a legal non-conformity, but as part of any redevelopment conditional use permit, the City could require the sign to be removed and be replaced with a conforming freestanding sign. Staff recommends that it be removed and replaced with a compliant sign. In 2009, the City Council approved the project with the retention of the existing freestanding sign. Wall Signage. The following wall signage is proposed: Total No. Total Sin Square Feet of Signs Square Feet North Fagade: "M" 10.75 square feet 1 10.75 McDonald's 41.25 square feet 1 41.25 East Fagade: "M" 10.75 square feet 1 10.75 McDonald's 41.25 square feet 1 41.25 South Fagade: "M" 10.75 square feet 1 10.75 West Fagade: "M" 10.75 square feet 1 10.75 TOTAL 7 125.5 2 The Zoning Urdinance 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 facade, with either the "M" or"McDonald's" being the choice of the applicant. McDonald's was granted a variance for the number of wail 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 facade 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 Wh 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 fagade (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 comer 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 Signa-ge. The following wall signage is proposed: fatal No. i otal Sin 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 wail 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 Sin Message Height Existing North Collision Center 25 80 Pylon Existing Northeast Chevrolet/Buick 40 127 Pvlon (Anpmvpri) 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 Sin 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 Sign ture 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 facade 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 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2015- - AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO CLARIFY AND AMEND LANGUAGE AS TO SIGN STANDARDS IN SECTION 401.02.8 DE=F=INITIONS AND 401.15.6 SIGNS THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.02.8 Definitions, is amended to read as follows: 401.02.13 DEFINITIONS. Sign Related: 1. Alteration: Any change to a sign excluding routine maintenance, repair, painting or change of copy of any existing sign. 2. Animated Sign: Any sign that uses movement or change of lighting to depict action or create a specific effect or scene, including devices with or without a commercial message, such as spinners and windsocks, but not including barber poles and time and temperature signs. 3. Artificial Light: Illumination resulting from internal or external artificial light sources, including glare and reflected light byproducts of artificial light sources. 4. Beacon: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source; also, any light with one (1) or more beams that rotate or move. 5. Bench Signs: A sign which is affixed to a bench such as at a bus stop. 6. Building Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. 7 Cabinet Sign: A sign that has framing around the entire sign message with a removable face. 8. Canopy Sign: The area of copy, graphic, or identification which is affixed to a projection or extension of a building or structure, including a marquee, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building, or place of assembly. 9, Changeable Copy Sign, Electronic and Manual: A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Manual signs include those with characters, letters or illustrations that can be changed or rearranged manually without altering the face or the surface of the sign. 10. Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment. 11. Copy: The wording on a sign surface either permanent or removable letter form. 12. Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. 13. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, re-pixelization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto building or other objects. 14. Flashing Sign: An illuminated sign upon which the artificial light is not Kept constant in terms of intensity or color when the sign is illuminated. 15. Freestanding Sign: A self-supported sign not affixed to another structure. 16. Ground/Low Profile Sign: A sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is not elevated from the ground by means of a pole or free-standing support structure, but is placed directly on the ground or on an interior planter base which is incorporated into such a design arrangement. 17. Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. 18. Integral Sign: A sign carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure. 19. Marquee: See canopy. 20. Maximum Height of Sign: The vertical distance from the base of the sign, or the grade of the road centerline, whichever is higher, to the top of the sign. 21 . Monument Sign: A freestanding sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is attached to the ground by means of a freestanding support structure, is solid from grade to the top of the structure, has materials that are constructed of the same primary building materials of the principal structure, is placed directly on the ground or on an interior planter base which is incorporated into a design arrangement. A monument sign shall be considered as one sign though it may have two (2) faces. 22. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives illusion of motion. 23. Multi-Faced Sign: Any sign with a sign face oriented to more than two (2) directions. 24. Multivision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. 25. Neon Sign: Any sign that utilizes a brightly colored gas discharge lamp without filaments that is bent into letters or designs. 26. Non-Commercial Speech: Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. 27 Off-Premises Sign: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premises sign. 28. Official Sign: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty. 29. On-Premises Messages: Identify or advertise an establishment, person, activity, goods, products or services located on the premises where the sign was installed. 30. Portable Sign: Any sign which is manifestly designed to be transported, including by trailer on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. 31. Principal Building: A building or buildings in which is conducted the principal use of the lot, 'not including storage buildings, garages, and buildings for other clearly accessory uses. 32. Principal Frontage: The wall of the principal building on a lot which fronts toward the principal public streets. 33, Projecting Sign: A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. 34. Public Entrance: Any passage or opening which affords entry and access to the general public or customer. 35. Public Entrance, Common: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants. 36. Pylon Sign: A freestanding sign erected on one (1) or more freestanding shafts, posts, or piers which are solidly affixed to the ground and not attached to a building. A pylon sign shall be considered as one (1) sign though it may have two (2) faces. 37. Roof line: The top of the cornice or, when the building has a pitched roof, the intersection of the outside wall with the roof. 38. Roof Sign: Any sign which is erected, constructed or attached wholly or in part upon any roof or over the highest roof line of a building. 39. Rotating Sign: A sign which revolves or rotates on its axis by mechanical means. 40. Service Entrance: Secondary passage or opening to a structure which is intended for delivery and removal of merchandise or goods, and which is not intended as a public entrance. 41 . Sign: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in nature of advertisement, announcement, message or visual communication, whether painted, posted printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. 42. Sign Area: The surface of the sign upon, against or through which the message of the sign is exhibited. 43. Sign Setback: The distance from the property line and curb to the nearest part of the sign, measured perpendicularly to the property line or curb. 44. Sign Structure: The supports, uprights, bracing and framework for a sign. 45. Special Events: A temporary indoor or outdoor promotional or sales event. 46. Street Frontage: The side of a lot abutting one (1) or more streets. An interior lot has one (1) street frontage and a comer lot has two (2) or more frontages. 47 Temporary Indoor Promotional or Sales Event: A temporary promotional or sales event directed towards the general public including only gram openings, storewide sales, craft shows, registration for day care, an educational, recreational, civic or religious activity, and community celebrations. 48. Temporary Outdoor Promotional or Sales Event: A temporary promotional or special event sale directed towards the general public, including only grand opening sales, storewide sales of materials and products that are typically sold or serviced on the premises, registration for day care, an educational, recreational, civic or religious activity, community celebrations, warehouse sales, tent sales, sidewalk sales, craft shows, flea markets, inventory reduction and liquidation sales, and mechanical or animal rides. 49. Total Allowable Sign Area: The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated so as to create a surface area in excess of this requirement. 50. Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. 51. UL Approved: A device which has been approved by the "Underwriters' Laboratories". 52. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands or light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. 53. Wall Sign: A sign affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, nor extend beyond the top of the parapet wall. Banners do not qualify as a wall sign. 54. Wall Graphics: A sign painted directly on an exterior wall. 55. Window Sign: A temporary sign affixed to the outside or inside of a window, within three (3) feet of a window in view of the general public. SECTION 2. Section 401.15.G Signs, is amended to read as follows: 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 Paris 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. 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 (9) 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 401.15.13.7 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. 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 fine (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 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: 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 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 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 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-113, 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 (5) 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-1A, R-113, RAC, 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.€.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. O, 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) o: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 O, 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 O, 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. PII, 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/l, Public Institutional District as regulated in Section 401.15.6.10 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 1 District: Ion Monument Principal Structure Height Sign Size Height Copy and (Gross Square Feet) (feet) (square (feet) Graphic feet) (square fleet Multiple Occupancy 20 100 20 100 Business Buildings Destination Retail 40 200 20 100 Highway 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) et:(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 250 square feet or 10 500 Square feet Highway 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. 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. C. Multiple Occupancy Business Buildings, Industrial Buildings, and Lofts. 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 wail 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 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. 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 nonconforming 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. 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 physicaf 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 slgn area for each sign and the total proposed sign area. 6) Photographs of the building face and the building faces of any adjacent buildings. 7) Plans, location and specifications and method of construction and attachment to the buildings or placement method in the ground. 8) Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. 9) Written consent of the owner or lessee of any site on which the sign is to be erected. 10) Any electrical permit required and issued for the sign. 11) The name of the person, firm, corporation, or association erecting the structure. 12) Such other information as the Zoning Administrator or designee requires, showing full compliance with this and all other laws and ordinances of the City. 13) If the work authorized under a sign permit has not been completed within twelve (12) months after the date of its issuance, said permit shall become null and void. 401.15.G.15. REMOVAL OF UNSAFE AND ILLEGAL SIGNS. If the Zoning Administrator or designee finds that any sign or sign structure is unsafe or in violation of the provisions of this Ordinance, written notice shall be given to the owner and/or party responsible for the sign to comply with the standards required by this Section in a prescribed time frame and manner. The removal of the signs shall be done in the following manner: a) Permanent Illegal Signs. The Zoning Administrator, or his/her designee, shall order the removal of any permanent sign erected or maintained in violation of this Ordinance. Those signs deemed unsafe by the Zoning Administrator or designee shall be ordered removed immediately. Thirty (30) days notice in writing shall be given to the owner of all other signs or of the building, structure, or premises on which such sign is located, to either comply with this Ordinance or remove the sign. The owner of the sign, 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. 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. SECTION 3. The Planning Commission of the City of Oak Park Heights held a public hearing at their October 8, 2015 meeting, took comments from the public, and recommended that the City Council approve amendments to the sign provisions. SECTION 4. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 27th day of October, 2015 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator THIS PAGE IS INTENTIONALLY LEFT BLANK P- Oak Park Heights Request for Council Action Meeting Date October 27",2015 Time Required: 10 Minutes Agenda Item Title: Consider S,Rgcial Census Process Agenda Placement New Business Originating Department/Reque Eri n. Citv Administrator Requester's Signature __._..._ Action Requested Di , �sion. os ' le Action Background/Justification(P1e dicate if any previous action has been taken or if other public bodies have advised): At a previous work session held this summer,the Council inquired about the possibility of performing a special CENSUS count so as to potentially acquire more detailed and/or accurate data.The theory bring is that the City is over 5,000 persons and so that the City would be eligible to receive State Road Aids. Staff has reached out to the METROPOLITAN COUNCIL as to what that process might include so that when data is submitted to them,it is not rejected nor reinterpreted.Accordingly,we were advised that the US CENSUS BUREAU would perform a special census count for the entire City at the City Council's request and payment of the costs for doing so.To begin that process,and to determine what that Special Census fee would be-the City must submit the enclosed information forms and pay a$200 fee which will then generate a Cost Estimate. It is likely a 50/50 proposition that the City is at or near 5,000 persons;however the City will not know what the cost of a special census would be without this submission. RECCOMEDNATION:Approve the submission of an application to secure a COST ESTIMATE and pay the $200 fee from available Council Contingency and/or Planning funds. rFORM SC-900 U.S DEPARTMENT OF COMMERCE (11$2012) Economics and SUOsWs Administration U.S.CENSUS BUREAU United States- Census SPECIAL CENSUS COST ESTIMATE REQUEST FORM A Special Census is a basic enumeration of population, housing units, and group quarters conducted by the U.S Census Bureau at the request of a governmental unit Special Censuses are conducted on a cost reimbursable basis. The first step for a governmental unit interested in having a Special Census conducted is to request an official cost estimate from the Census Bureau. To request a cost estimate, the govemmental unit should email the following items to SpecialCensusProiaramCaacensus.gov, 1. An official letter from your jurisdiction requesting a Special Census cost estimate. a. The letter should indicate if you are requesting a cost estimate for a full or partial Special Census. A full Special Census covers the entire governmental unit; a partial Special Census covers only selected and specific areas within the governmental unit. b. This letter should be signed by the Highest Elected Official or designee 2. A completed SC-900 "Special Census Cost Estimate Request Form " a. The fillable SC-900 should be submitted electronically. b. The SC-900 must be filled out completely, including your estimated population and housing unit counts. 3. Remit a credit card payment of$200 for the cost estimate through Pay gov. a. The U.S. Census Bureau is requesting all customers submit payments for reimbursable work through electronic fund transfer (EFT). b. To submit payment for the Special Census Cost Estimate using a credit card through EFT, follow the procedures outlined below. (1) Go to www.pay.aov (2) Type "903" in the "Search Public Forms" box on left of the form and click the grey"Go" box. (3) This will bring up the Special Census Cost Estimate Public Form. Click this form. (4) Fill in all fields with an asterisk (") below the grey shaded areas. Complete the Bill To" information on the left-hand side of the form. If your shipping address is the same as your "Bill To" address, please mark (X) the box in the 'Ship To" area on the right of the form. If"Bill To" address and °Ship To" address are different, complete all asterisk information in the "Ship To" area. (S) Click"Submit Data" button. The "Enter Payment Information " screen will appear. Enter the credit card and billing information. Once complete, click the 'Continue with Plastic Card Payment " button. (B) Verify that the Address, Account, and Payment Information are correct on the Authorize Payment screen. If incorrect, click "Edit this Information. " Otherwise continue to the Email Confirmation Receipt area of the screen. In the Email Address: field, enter the email address to which the confirmation email must be sent. In theConfirm Email Address: field, re-enter the email address previously entered. To send the Email Confirmation Receipt to additional email addresses, enter the email addresses in thecc: field, separated by a comma. Then click the box after the statement, 1 authorize a charge to my card account for the above amount In accordance with my card issuer agreement." Click the "Submllt Payment " button. A Payment Confirmation screen will appear, please print and retain for your records. Note: Please email or call the Special Census Program at (301) 763-1429 if your governmental unit is unable to make a payment through Pay.gov or unable to fill out the SC-900 form electronically. Your request for a cost estimate will not be considered until all three items (official letter, completed SC-900, and payment) are received by the Census Bureau. Once all required items are received, the Special Census Program will notify you of receipt. Page 2 FORM SG900(11-&2012) SPECIAL CENSUS COSTR]EQUEST FORM The information you provide on this form SC-900, will be used to help the Census Bureau determine estimated costs for conducting a Special Census in your jurisdiction. Please provide as much detail as requested. Attach additional pages as necessary. Approximately 30 days after all materials are received, you will be sent a Special Census Cost Estimate, along with a Memorandum of Agreement for your consideration. The Special Census Program office will contact you if more information is needed during the cost estimate phase. r A. Governmental Unit Name S. Governmental Unit Address—Please include o 1. Mailing Address—Number and street both the mailing address (example, PO Box) and the location address, if they are different. l I City I State ZIP Code I I f❑ Mark(X) this box if botch the mailing address and location address are the same, then SKIP to item C. Otherwise, continue with item 2 belgw. 12. Location Address—Number and street I f I City State ZIP Code I C. Does this Governmental Unit have a website? 1 ❑ Yes—Provide Governmental Unit URly7 I 12 ❑ No D. Contact Person(s) PRIMARY ALTERNATE 1. Name 1. Name 2. Title 2. Title S. Telephone 9. Telephone 4. FAX Number 4. FAX Number S. E-mail address S. E-mail address E. Do you have a specific time frame in which , ❑ Yes—Specify time periods (MM/DD/YYM;, you would like to conduct a Special Census? I Between I f and 20 No FORM SC-900(11-5-2012) Page 3 Fl. o - r IML A. Will this Special Census include the entire Special Census will include: governmental unit or only specific areas within the 1 1❑ Entire Governmental Und—SKIP to item C f overnmental unit? (A Special Census of only specific areas within a I z❑ Only specific areas within Governmental it- 1Continue with item B9 Special Census.)menunit is referred to as a partial 3 El Don't know—SKIP to item C1 Special C1 61. If you are interested in a partial Special Census, are the I 1❑ Yes areas to be included in the Special Census contiguous 12❑ No to one another? I 2. Please identify and list to the right the specific 1 CENSUS TRACT E NSUS d!()b:K re census tracts/blocks to be included in the Special I I Census. Please use Census 2090 tabulation I TR 1 BL geography. I Attach additional sheets, if needed. i TR BL I TR I BL I I For example: TRACT BLOCK I TR BL I TR 2001.01 BL 1003 I TR I BL TR 0003.00: BL 2026 1 TR BL I I i TR I BL I TR I BL I I I TR BL TR 1 BL I I I 1 TR BL I TR I BL I I TR i BL I TR BL I i TR BL I 1 TR BL I TR BL 1 i TR BL i I TR BL I TR BL ASSISTANCE: For assistance with identifying tractlblock numbers or with using the census maps or TIGER shapefiles, please see our website http://www.census.gov/geoAvww/maps/CP— MapProducts.htm or contact your servicing Regional Office shown on page 2 of the worksheet. Page 4 FORM SC-900(11-&2012) iaigzz EN - - C1. Using the Census definition shown below, do any of the 1 1 ❑ Yes—Complete Item C2 areas to be included in the Special Census contain 12❑ No . . . . • SKIP to Item D9 GROUP QUARTERS ? 1 3 El Don't Know L - - - - - - - --- -- - - - --- - Group quarters include such places as college residence halls, residential treatment centers, skilled nursing facilities, group homes, military barracks, correctional facilities, and workers' dormitories. C2. For each type of Group Quarters listed in a through g, indicate whether the area to be included in the Special Census contains this type of Group Quarter. For "Yes" responses—Enter the number of each type of group quarters and the estimated combined population of that type of group quarters. For example: There is a college with 4 dormitories and each dormitory houses 200 students— TYPE Total No Estimated Population 1. College Residence Halls , . IN yes--*. 4 800 2 O'No i, Yes- z No TYPE Total No. Esemated Population a. College Residence Halls 1 ❑ Yes—► z❑ No b. Residential Treatment Centers . .. . . - . . 1 ❑ Yeses z❑ No c. Skilled Nursing Facilities . . . . . . . . . . . . . . . . 1❑ Yeses (NOTE: Assisted living quarters are counted as 2❑ No individual housing units, not as part of a group quarters.) d. Group Homes . . . . . 1 ❑ Yes---i- 2 esesz❑ No e. Military Barracks - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 ❑ Yes, z❑ No . Correctional Facilities . . . . . . . . . . . . . . . . . . . . . . 1 ❑Yes--)- 2 eses3❑ No . Workers' Dormitories . . . . . . . . . . . . 1 ❑ Yes--M► ❑ No IN0 6 E3 —Please use this space for any explanation that may be essential in understanding your reported data. FDR Page 5 Rgijpw D1. Using the Census definition shown below, do any of p , ❑ Yes--Complete item D2 the areas to be included in this Special Census contain 1 a❑ No—SKIP to Section 1II TRANSITORY LOCATIONS where people stay that have no usual home elsewhere? Transitory locations are those places where people often live or stay temporarily in between moving from place to place. Examples of these types of locations,where people who have no usual home elsewhere live, include Recreational Vehicle (RV)parks, campgrounds, hotels, motels, marinas, racetracks, circuses,fairs, and camivals.NOTE: Only include the transitory locations where you believe the people staying there have no other usual home elsewhere.For example, do not include hotels/motels, unless they specifically house people with no usual home elsewhere. D2. For each type of Transitory Location listed, indicate whether the area to be included in the Special Census contains this type of Transitory Location. For"Yes" responses—Enter the totalnumber of locations, the total Total No of number of units combined for all locations, and the estimated Units population of the time of the Special Census enumeration. Combined Total No c f for all TYPE: Locations Locations Estimated Population a. Recreational Vehicle Park 1 ❑ Yeses z❑ No b. Campgrounds 1 ❑ Yes—s 2❑ No c. HoteWMotels . . . . . . . . . 1 ❑ Yes 2❑ No d. Mannas . . . . . . . . . . . . . . 1 ❑ Yeses z❑ No e. Racetracks 1 ❑ Ye —f 2❑ No f. Circuses/Fairs/Carnivals . . . . . . . . 1 ❑ Yes—► z❑ No A. What is the estimated housing unit count for the I Enter housing unit count As of— areas to be included in this Special Census? i estimate,? Month Year I 01 What is the estimated population count for persons living in housing units in the areas to be included in this Special Census? I Enter population count As of-- NOTE: The 2090 Census population per household i estimate j7 Month Year for your1unsdiction may be useful in your estimation of the population associated with new housing units. 2. What is the total estimated population of persons I living in group quarters in the areas to be included in this Special Census? Enter population count As of— Include in this population estimate any and all of the I estimate Y Month Year group quarters population that were specified in Section 11, item C2. S. What is the total estimated population of persons living in transitory locations in the areas to be included in this Special Census? Enter population count As of— Include in this population estimate any and all of the I estimate g Month Year transitory locations populations that were specified in Section Il, item D2. Page 6 FORM sr aoa(11-6-2012) A. Which of the following types of data were used to determine the housing unit and population estimates provided in Section 111? Please specify yes or no for each listed type of data. If you answer "Yes"to any listed type of data, please enter the value of the actual or estimatedinemase that was used in determining your population and/or housing unit estimates in Section Ill. Please enter only the value of theincrease. 1. Increased school enrollment ,❑ Yes-Enter estimated or z❑ No actual increase— 2. Increased building permit activity . . . ,❑ Yes-Enter estimated or z El Na actual increase--► S. Increased utility hook-ups 1❑ Yes-Enter estimated or z El No actual increase 4. Increased occupancy permits ,❑ Yes-Enter estimated or a El NO actual increase— 5. Recent annexabon(s) . . . . . . . . 1❑ Yes-Enter estimated or z❑ No actual increase 0 B. 2010 Census vacant units occupied . . . . . . . 1❑ Yes-Enter estimated or 2❑ No actual increase— 6. 7. Other-Specify -Enter estimated or actual increase -Enter estimated or actual increase C. Are there special circumstances that will affect a 1 ❑ Yes-Please describe in detail the situation and Special Census in your jurisdiction? include the dates of any potential seasonal For example: population fluctuations y • A college population that fluctuates depending on the time of the year • Seasonal workers who are present during particular time periods, but not there at other times • Other unique situations that may affect a population or housing count 2 No FORM SG90O(1,-8.2012) Page 7 gip. �lr.:l '. .^ .1 ,S , ., � , . ..r ..�'. ` - 1? � A `, �..' • ..v, D. Please feel free to provide any other details about your jurisdiction that may assist us in the preparation of your Special Census cost estimate and/or the timing of a Special Census. Page 8 FORM SG900(11-6-2012) THIS PAGE IS INTENTIONALLY LEFT BLANK Oak Park Heights Request for Council Action Meeting Date_ October 27a'y 2015 Time Required: 10 Minutes Agenda Item Title: 6180 Os ood Ave Dgma tion Agenda Placement New Bus' ss 7// Originating Dep enT est Eric b on., City dministrator Requester's Signature Accton Requested Dlscussio /P ssible Actions Background/Justification(Ple indicate if any previous action has been taken or if other public bodies have advised): The City has issued a Request for Bids(RFB)to demolish,remove and restore/site for the home at 6180 Osgood Ave as owned by the City's EDA. The RFB was directly sent to numerous contractors.One bid has been returned to the City from-Bell's Trucking,Inc. for$12,200.00. At this time staff is reviewing funding options and these include: 1. Surplus funding the City's TIF District Redevelopment Area 1-1 (Nolde)which stands at$68,453.00 2. The further establishment of TIF 1-2 which has been approved by the City Council,but not yet certified— tbat"account"however is$330,000 in negative balance as we await a possille redevelopment of the FURY property to move forward.Upfront dollars may be expended prior to TIF creation. 3. Utilizing current cash fund balance of the EDA which is at$32,255.This would be up to the EDA. Staff would hope to bring a best funding source option to the meeting on October 27d,2015 as we are still checking on some possible prohibitions outlined in statute. In addition,the EDA would need to take the formal action for the execution of the demolition agreement as that entity is the owner,(as well as possible funding if from EDA balance)however one of potential the funding source is the City TIF revenue. CRY OF OAK PARI(HEIGHTS BID FORM-DUE 10 MIS DEMOUTION I SRE RESTORATION OF HOUSE-8180 OSGOOD AVE. StJ118Ri4RY The City of Oak Park Heights(the VW)is the owner of the properly located at 6180 Osgood Ave, located in the City of Oak Nark Heigft,WWWOM County,ldmesola and is waft firms 10 dernorsh the tK=&garage and rere the ate to a dean-level cordon.Your bid amount a=mplidw this task but must be wholly consistai twith the formal Proms#Summary and Scope,General PmvWon and any suppiemenlal rices ou&W by the City in the RFB. YOUR AMOUNT-BID: $ Qu2&p - .00 Now of Proposer: J orti i�G[ Name of F=inn 1 Capany fit appiicable) Q 11 `.s Tr"Cy—f"w1 1 nrc- signature: z-en,� Date: /JL 22- State locallon(s)where sirman deli (Including concrete,wood,ft%,Wl,shingles,etc.) w fl be Oposed of.Atiadr addidorral pages I necessary: lel &9�rQ rhe-gals. �vaarl.sly��Ge� Au.Aftrcc , wL";j WL" of SignatureAbove: MARY SE;:IR: Y S [p l NOrAAY POeI rC-!�y ccuff� M Ev= a 1. ftind*co►nQWdBidFarmino►iaWftwatwdnD&ftdb6*CNv—ATTR)Erlc.fnmm-not lb gffian faP13/l5 BWN.OnkP_&* UN larF0BOX7�7 3dar;MN 55�IB2 2 scrstx-; iem�cr�-�ar� ��r� � ��d � . �#�3 �►-6fac -S¢1�9-4� RFP-House Demo-6180 Osgood Issued 10-9-15-City of Oak Park Freights 5 of 42 i 0 tn N O f� C N C r O � rZ a :IZ H 42 G A i r � vJ Y ' THIS PAGE IS INTENTIONALLY LEFT BLANK Oak Park Heights Request for Council Action Meeting Date October 276i,2015 Time Required: 5 Minutes Agenda Item Title: Consider Letter of Support—Twin Cities Habitat for Humanity Agenda.Placement New Business Originating Department/Requ Requester's Signature Action Requested See B Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The City has received a request from the Twin Cities Habitat for Humanity to consider providing supporting correspondence to the Washington County HRA for Twin Cities Habitat for Humanity's'planned CDBG application.The CDBG application would be to assist in the acquisition of property in the Oak Park Heights community area so that they may build potentially three single family homes. I have enclosed a draft of such letter that they would be looking to secure. The communication itself does not bind the City to any financial or zoning approval parameter,rather is an outward yet generic demonstration of support that may assist their application. City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 October 27,2015 Barbara Dacy Executive Director Washington County Housing and Redevelopment Authority 7645 Currell Boulevard Woodbury, MN 55125 RE:CDBG Letter of Support Dear Ms. Dacy: The City of Oak Park Heights is excited by the opportunity to support the Twin Cities Habitat for Humanity application to secure CDBG funds. As the Twin Cities region grows and expands,communities such as ours are seeing an increase in the need for good units of affordable workforce housing. The City of Oak Park Heights believes strongly that Twin Cities Habitat for Humanity is a good partner to provide housing opportunities and fully supports its application for CDBG funds to assist them with land acquisition. Twin Cities Habitat for Humanity is looking to purchase three vacant lots within Washington County's District 3,which includes Oak Park Heights. TC Habitat plans to build three new homes on these lots that will provide affordable homeownership opportunities to three low-to-moderate income households. Oak Park Heights is happy to welcome TC Habitat,its volunteers,and community supporters to our city. TC Habitat has sold homes to over 1,000 households since 1985 and will serve an important role in our community by providing affordable homeownership opportunities for low-to-moderate income households. Providing homeownership opportunities for this income group is extremely difficult in our region, but with the support of the Washington County Housing and Redevelopment Authority,these new housing opportunities can be realized. We appreciate the work that TC Habitat does and we look forward to.-,successful projects occurring in our community. Sincerely, Eric Johnson City Administrator Eric Johnson From: David White <David.White@tchabitat.org> Sent Tuesday,October 20,2015 3:05 PM To: Eric Johnson Subject: Letter of Support for Twin Cities Habitat for Humanity Attachments: HFH Support Letter 2016-Stillwater.pdf Eric, I am David White,the Public Funding,Grants,and Government Relations Program Manager here at Twin Cities Habitat for Humanity(and a new City of Oak Park Heights resident,actually!). We are currently pursuing CDBG funding through the Washington County HRH's annual competitive RFP for the acquisition of one to three scattered,vacant lots in the Stillwater area over the next year. We would be building single family homes on these lots, most likely beginning next summer or fall. As the City of Oak Park Heights is one of the communities we are looking to acquire a lot in,we were wondering if it would be possible to obtain a letter of support for Habitat's work and this proposal from the city. We would need this preferably by the application due date, November 6"', but alternately by November 2&if the a is too soon. I have attached a copy of the letter of support the City of Stillwater has provided for this same purpose. I can assist with drafting a letter specific to Oak Park Heights. Additionally,if city staff would like for TC Habitat staff to come meet with them regarding this project,that can easily be arranged as well. We value the input and guidance of the cities in which we work and are always looking for opportunities to partner. I had reached out to Scott Richards but I am not sure that was the correct person to contact. Let me know if you have any questions in the meantime. Thank you, David THIS PAGE IS INTENTIONALLY LEFT BLANK