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HomeMy WebLinkAbout09-13-2001 Planning Commission Sign Workshop Meeting Packet• CITY OF OAK PARK HEIGHTS PLANNING COMMISSION SIGN WORKSHOP AGENDA Thursday, September 13, 2001 -- 5:00 PM Location: Large Conference Room Note: Please bring Sign Ordinance information that was included in your August 9, 2001 Planning Packets. This information includes sign ordinance information for the Cities of Woodbury, South St. Paul, Maple Grove, St. Paul and Roseville. 5:00 I. Call to Order II. Approval of Agenda III. Discussion A. Review Sign Pictures B. Review Ordinances / Other Information C. Existing Ordinance Review / Issue Identification D. Sign Ordinance Review Process E. How to Proceed IV. Adjournment • 401.15.G. Signs. • City of Oak Park Heights Purpose. The purpose of these regulations is to establish, protect and promote health, safety and general welfare and the order with the City through establishment of a comprehensive and impartial series of standards, regulations and procedures governing signs and communicative facilities serving as communication media to persons situated within or upon the public right -of -way. The regulations are intended to encourage an equitable opportunity of effective and orderly communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate use of communication facilities. 2. _ Permit Required. Except as otherwise provided in this Section, no person shall erect, maintain, repair, or alter or relocate within the City any sign as defined herein without first having been issued an appropriate permit therefore and having paid the appropriate permit fee. 3. Permit Fees. The fees which shall be charged for permanent and temporary signs and for sign repair or copy replacement under this Section shall be in accordance with the fee schedule as determined by resolution of the City Council. 4. Application Procedures. Each application for a permit under this Section shall be submitted to the Zoning Administrator or designee on forms provided by the City and shall include, but not be limited to, the following information: a. The name, address and telephone number of the person for whom the sign is being erected, and the name, address and telephone number of the applicant and the property owner. b. The location and dimensions of the building, structure or lot to which, or upon which, the sign is to be attached or erected. c. 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, a table of the proposed gross sign area for each sign and the total proposed sign area. d. Two blueprints or ink drawings of the plans and specifications for the sign, its method of construction and its attachment to the building or in the ground. e. The name of the person, firm, corporation or association erecting the structure. f. Such other information as the Zoning Administrator or designee requires to show full compliance with this and all other laws and ordinances of the City. g. If the work authorized under a permit has not been completed within six (6) months after the date of its issuance, said permit shall become null and void. 5. General Provisions. a. 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 intended to direct traffic on the premises. g. b. All signs and sign structures shall be properly maintained and shall be kept in a safe orderly condition. In addition, all parts and supports shall be properly painted. Any sign or sign structure which is rotted, unsafe, deteriorated, defaced or otherwise altered, shall be repainted, repaired or replaced by the licensee, owner or agent of the owner of the property upon which the sign stands, upon written notice of the Building Official. c. 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. No sign, nor any guys, stay or attachment thereto shall be erected, placed or maintained by any person on rocks, fences or trees nor in such a manner as to interfere with any electric light, power, telephone or telegraph wires or the supports thereof. e. When electrical signs are installed, the installation shall be subject to the State's Electrical Code as may be amended. f. No signs other than governmental signs shall be erected or temporarily placed within any street right -of- way or upon any public lands or easements or right -of -way. The temporary use of searchlights banners, pennants and similar devices shall require a permit. The permit shall be valid for ten (10) consecutive days. No more than three (3) permits per business proprietor shall be granted during any 12 -month period and no permit shall be issued within thirty (30) days of the expiration of a previous permit. The permit shall be promptly displayed during the period of validity. Notwithstanding the above, no such permits shall be issued except in R -B, B -2, B -3, CBD, B -W, and I Districts of the City. h. No part of a sign or sign structure shall be placed closer to any property line than ten (10) feet. i. A person shall not illuminate any existing advertising device at any time if the existing advertising device is not located at the place of business being promoted, except for reasonably sized directional devices to aid sized directional devices to aid tourists to find gas, food and lodging. J All signs shall display in a conspicuous manner, the owner's registration number that corresponds to the number on a permit held by the City. The permit should contain the information including (but not limited to) the owner's name and date of erection. k. A minimum of one (1) address sign shall be required on each building in all districts. Such sign shall be of sufficient size to be legible from the nearest street, yet shall not exceed two (2) square feet in area. The number shall be metal, glass, plastic, or curable material and the number shall not be less than three and one -half (3-1/2) inches in height, in a contrasting color to the base. The numbers shall be lighted or made of some reflective material and so placed to be easily seen from the street. 1. No sign or sign structure shall be erected or maintained so as to prevent free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. m. 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- 1 /2) inches in height shall be items of signage permitted on that side of the building. * Amended Ord. No. 99- 401 -01, 26 January 1 999 n. All signs as required by Occupational Hazards Act shall be permitted in all Districts. o. If a freestanding sign or sign structure is constructed so that the faces are not constructed so that the faces are not constructed so as to be back to back, the angle shall not exceed ten (10) degrees. If said angle is greater than ten (10) degrees, the total area of both sides added together shall not exceed the maximum allowable sign area for that district. • • • • P. No sign shall be positioned so that if impacts or is exposed to residential uses or districts along adjoining side and rear yard property lines. 6 Permitted and Prohibited Signs. Permitted Signs. The following signs are allowed without a permit, but shall comply with all other applicable provisions of this Ordinance. 1) Public Signs. Signs of a public, non - commercial nature to include safety signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like, when signs are erected by or on order of a public officer or employees in the performance of official duty. 2) Identification Signs. Signs in all districts which identify the business, owner, manager or resident and set forth the address of the premises where the sign is located and which contain no other material. There shall be one (1) per premise, not to exceed two (2) square feet in area. If the sign is freestanding, the total height may not exceed five (5) feet. Direction Signs (On- Site). On -site directional signs, not exceeding four (4) square feet in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are located. 4) Integral Signs. Names on buildings, date of construction, commemorative tablets and the like, which are of a permanent type of construction and which are an integral part of the building or the structure. 5) Political Campaign Signs. a) State General Election Years. In a state general election year, the size and duration of campaign sign display shall comply with the provisions of Minnesota Statutes 211.B.045, as amended. These signs shall be confined within private property and shall not be less than fifteen (15) feet from the nearest edge of the pavement. b) Other Election Years. In years when no state general election is to take place, signs announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of nine (9) square feet for each premise in a residential zone and thirty-two (32) square feet in an agricultural, commercial or industrial zone. These signs shall be confined within private property and shall not be less than fifteen (15) feet fro the nearest edge of the pavement and one hundred (100) feet from the nearest curb intersection of any street or road. These signs may be displayed sixty (60) days prior and seven (7) days after the election for which intended. In cases where a final election follows within seventy -five (75) days of a primary election, those candidates who won in the primary election may continue to display their signs during the interim period and up to seven (7) days after the final election. 6) Holiday Signs. Signs or displays which contain or depict messages pertaining to a National or State holiday and no other matter and which are displayed for a period not to exceed thirty (30) days. * b) Signs may not measure more than twelve (12) square feet in 0 Districts; not more than four (4) square feet in R -1, R -2 Districts; not more than thirty-two (32) square feet in R-3, R -B, B -1, B -2, B -3, CBD, B -W, and I Districts. * Amended Ord. 99- 401 -01, 26 January 1999 * 10) 7) Construction Signs. A non - illuminated sign announcing the names of architects, engineers, contractors, or other individuals or firms involved with the construction, alteration or repair of a building (but not including any advertisement of any product) or announcing the character of the building enterprise or the purpose for which the building is intended. Such signs shall be confined to the site of the construction, alteration or repair and shall be removed within two (2) years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner. One (1) sign shall be permitted for each major street the project abuts. No sign may exceed thirty-two (32) square feet in the 0, R -1, R -2 Districts or fifty (50) square feet in the R -3 through I Districts. 8) Individual Property Sale, Lease or Rental Signs. Any on- premise sign announcing the name of the owner, manager, realtor or other person directly involved in the sale or rental of the property or announcing the purpose for which it is being offered. a) Signs must be removed within ten (10) days after sale or rental of property. c) A conditional use permit may be granted by the City Council for signs larger than twenty (20) square feet in the 0 District, under this section, in the event that more than twenty (20) acres are offered for sale. d) There shall be only one sign per property. Corner properties, however, may contain two signs; one per frontage. 9) Rummage Sale Signs. Rummage sales may be held and signs displayed therefore provided that the exchange or sale of merchandise is conducted inside the principal or accessory structure; and all related signs are confined to the subject property. All related signs shall conform to the applicable provisions of this Ordinance, and be removed at the termination of the sale. Temporary Window Signs. Temporary window signs shall be permitted within the R -B, B -1, B -2, B -3 and CBD Zoning Districts, provided that they do not exceed ten percent (10 %) of the front building facade. 11) Awnings. Awnings that convey a message via alphabetic, numeric or symbolic characters shall be included in calculating the overall signage of the property. The outline of such characters shall be used to determine the area of the awning signage. All awnings are subject to the provisions of Section 401.15.G.6.b.4). b. Prohibited Signs. The following signs are specifically prohibited by this Ordinance: 1) Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. 2) Any sign which contains or imitates an official traffic sign or signal, except for private, on- premise directional signs. 3) Any sign which moves or rotates. • 4) No sign shall display any moving parts, nor shall it be illuminated with any flashing or intermittent lights, nor shall it be animated. Exempted are time and temperature information. All displays shall be shielded to prevent any light to be directed at oncoming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets. * Amended Ord. 99-40 1 -01, 26 January 1999 5) Projecting signs. 6) Roof Signs are permitted provided they do not extend beyond the measured height of the building as defined by Section 401.02.B. of this Ordinance. 7) Any sign which contains or consists of banners, pennants, ribbons, streamers, string of light bulbs, spinners or similar devices (Except in case of Section 401.15.G.5.g). 8) Portable signs (except in case of Section 401.15.G.5.g.). • 9) Signs and/or posters which are tacked onto trees, fences, utility poles or other such permanent supports, except safety signs and signs found on fences (inside) of baseball parks. 10) Signs painted directly on building walls (wall graphics). 11) Signs which advertise an activity, business, product or service no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than thirty (30) days from the date of vacancy. 12) Temporary window signs used for the purpose of advertising goods * and/or services to the extent not permitted in 401.15.G.6.a.10). 7. Non - Conforming Signs. a. The following are non - conforming signs: 1) Advertising Signs. (Exceptions: Temporary window signs and signs which advertise non - profit corporations). Said signs shall be limited to the sizes and restrictions imposed within the zoning district in which the use is located and the other applicable provisions of this Ordinance. 2) Prohibited Signs. 3) Other Signs. All other signs not prohibited that do not conform to the provisions of this Ordinance. b. General Provisions Governing Non - Conforming Signs. 1) A non - conforming sign may not be: a) Changed to another non - conforming sign. b) Structurally altered except to bring into compliance with the provisions of this Ordinance. c) Expanded. d) Re- established after its discontinuance for fourteen (14) days. e) Repaired or otherwise rehabilitated, except to bring into compliance after damage of more than fifty (50) percent of sign market value. 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 within thirty (30) days. 3) All non - conforming and prohibited signs created by this Ordinance shall be removed or brought into conformity with this Ordinance within the following time periods: a) Any sign in violation of Prohibited Signs: One (1) year. b) For all other non - conforming signs: Five (5) years from the date of the enactment of this Ordinance. 4) Non - Conforming Signs Existing Prior to this Ordinance. Except as otherwise provided herein, the provisions of this Ordinance are not intended to alter, diminish, increase or otherwise modify any rights , or liabilities imposed upon non - conforming or prohibited signs existing prior to this Ordinance's effective date. Any act done, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to the effective date of this Ordinance is not affected by its enactment. Non - Conforming Sign Maintenance and Repair. Nothing in this Ordinance shall be construed as relieving the owner or user 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 contained in Section 401.15.G.7.a. of this Ordinance. 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. 6) Updating Non - Conforming Signs. Any person requesting to update a sign on a premise that contains legally non - conforming signage must, as part of the update, bring twenty (20) percent of the existing signage into conformity. c. Non - Conforming Uses. In cases where a use is legally non - conforming based upon the Oak Park Heights Zoning Ordinance, all existing or proposed signs shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the use is allowed. 8. District Regulations. (See Sign Tables on the following pages) a. R -1, R -1 A, R-18, R -1 C, Single Family Residential and R -2, Low to Medium Density Residential Districts. Only one (1) sign per principal use may be erected on the subject property. This may be either: 1) Freestanding. Not more than forty (40) square feet nor higher than six (6) feet; or 2) Wall, Canopy or Marquee. Not more than eighteen (18) square feet nor higher than the top of the parapet wall or eave. b. 0, Open Space Conservation and R -3, Multiple Family Residential Districts. Only one (1) sign per principal use may be erected on the subject property, except on properties containing multiple family dwellings of three (3) or more dwellings, which may have one (1) project identification sign per entrance to the project, but in no case shall there be more than four (4) such signs for any one (1) project. Signs within these districts are subject to the following conditions: 1) Freestanding. Not more than twenty -four (24) square feet nor higher than eight (8) feet; or 2) Wall, Canopy or Marquee. Not more than twenty -four (24) square feet nor higher than the top of • the parapet wall or eave. • • c. R -B, Residential Business and B -1, Neighborhood Business Districts. Only two (2) signs per principal use may be erected upon the subject property, subject to the following conditions: 1) Freestanding. Not more than forty (40) square feet nor higher than eight (8) feet; or 2) Walls, Canopy or Marquee. Not more than forty (40) square feet nor higher than the top of the parapet wall or eave. d. B -2, General Business and I, Industrial Districts. Only two (2) signs per principal use, except on corner lots which may have two (2) wall signs, subject to the following conditions: 1) Only one (1) freestanding sign will be permitted with a maximum of one hundred fifty (150) feet or fifteen (15) percent of the front building facade, whichever of the two is less. The freestanding sign will not exceed a height of thirty (30) feet. 2) Only one (1) sign on wall, canopy or marquee will be permitted, with a maximum area of one hundred fifty (150) square feet or fifteen (15) percent of the front building facade, whichever of the two is less. Signage consisting of individually outlined alphabetic, numeric and symbolic characters without background except that provided by the building surface, may be increased by the building surface, may be increased by twenty -five (25) percent of the allowable sign area provided it does not exceed one hundred fifty (150) square feet. An individual sign may not exceed the height of the parapet wall or eave. 3) On a corner lot, each facade facing a public right -of -way may have one (1) wall sign. Both the front and side facade may be counted when determining sign area. Total area of both signs shall not exceed the requirements established in provision (2) above. e. CBD, Central Business District. Only two (2) signs per principal use, except on copier lots which may have two (2) wall signs, subject to the following conditions: 1) Only one (1) freestanding monument sign will be permitted with a maximum of forty (40) square feet and a height of eight (8) feet. 2) Only one (1) sign on wall, canopy or marquee will be permitted, with a maximum area of one hundred (100) square feet or ten (10) percent of the front building facade, whichever of the two is less. Signage consisting of individually outlined alphabetic, numeric and symbolic characters without background except that provided by the building surface, may be increased by the building surface, may be increased by twenty -five (25) percent of the allowable sign area provided it does not exceed one hundred (100) square feet. An individual sign may not exceed the height of the parapet wall or eave. 3) On a corner lot, each facade facing a public right -of -way may have one wall sign. Both the front and side facade may be counted when determining sign area. Total are of both signs shall not exceed the requirements established in provision (2) above. * Amended Ord. No. 98- 401 -04, 11 August 1998 o 24 2 24 – 2506* 2 4 4 32 12 R-1/R-2 40 2 18 – 25%' 2 4 4 32 R -3 2 4 – – – 25 %' 2 4 4 50 32 2 40 1096'• 25%* – 2 4 4 50 32 40 2 40 1 O %" 25%* 2 4 50 32 – B -2 150 2 150... 1O%** 25 %* 2 4 – 50 32 16 2 54 10%** 2 _ 2 4 = 5 32 1fi 2 100..,. 10%" 10%" 25%* 2 . 4 – 50 32 R -B B -1 B = SO" 40 CBD BW . 50 *. *.. 2 - 64 150'•• 2 150"' Zoning District 0 R -1 /R -2 R -3 R -B B -1 B-2 B -3 SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET Zoning Free- Identi- Canopy Temp Perri Addr District standing fication Marquee Window Window ess Wall CBD BW Percentage based upon total window area Percentage based upon front building facade 150 square feet or 15% of front building facade whichever is l 100 square feet or 10% of front building facade whichever less Or 15% of the front building facade whichever hichever is less ichever is less 3.5 inches 3.5 inches 3.5 inches Freestand- ing 8 feet 6 feet 8 feet 8 feet 30 feet 20 feet 8 feet 20 feet 30 feet SIGN TYPE AND MAXIMUM HEIGHT IN FEET Identifica- tion 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 25 %* 2 4 . 50 32 25%' 2 4 50 32 Canopy, Marquee, Wall Top of parapet wall or eave Top of parapet wall or eave Top of parapet wall or eave Top of parapet wall or eave Top of parapet wall or eave Top of parapet wall or eave Top of parapet wall or eave Top of parapet wall or eave Both tables Amended Ord. 99- 401 -01, 26 January 1999 Direction Political Con - Property Moto struction Sale or Fuel Rental Station Price Display Top of parapet wall or eave 3.5 inches 8 feet 8 feet • • 9. Special District Regulations. The following regulations refer to certain signs in all appropriate zoning districts unless otherwise specified. a. Motor Fuel Station. 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. In addition, motor fuel stations may also display signs which identify current fuel prices and car wash facilities. If fuel prices are displayed, all fuel prices must be depicted. Said signs shall be limited to a maximum of sixteen (16) square feet each and shall be limited to a maximum height of eight (8) feet. This additional sign area, however, shall be counted against the maximum allowable sign area for the subject property. b. Multiple Occupancy Business and Industrial Structures. When a single principal building is devoted to two (2) or more businesses or industrial uses, a comprehensive plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations. Said plan shall be subject to the review and approval of the City Council. No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. The effect of said comprehensive sign plan is to allow and require the owner of a multiple occupancy structure to determine the specific individual sign requirements for the tenants of the structure. As sign locations and size, etc., may be of significant importance in lease arrangements between owner and tenant, it is the City's intention to establish . general requirements for the overall structure only, thus providing the building owner with both the flexibility and responsibility to negotiate with individual tenants on their specific sign needs. 1) The maximum individual sign sizes for multiple occupancy structures and individual uses which may display signs shall not exceed the maximum provisions for single or double occupancy structures in the same zoning district. * 2) Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions in Section 401.15.G. 5. of this Ordinance. Individual freestanding signs identifying the tenant's business shall not be displayed. 3) Except as provided in paragraph (4) below, individual tenants of multiple occupancy structures shall not display separate identification signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per entrance and each sign shall be limited * Amended Ord. No. 97- 401.02, October 14,1997 to the maximum wall size sign permitted in the district. Said signs shall be located only on exterior walls which are directly related to the use being identified. 4 10. Maintenance and Inspection. In any multiple occupancyy structure qualifying as a shopping center, directory signs shall be permitted for each common public entrance. Each directory 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. The size of individual business identification signing within the directory shall be resolved during the site plan review process. Attention shall be given to the possible number of tenant or occupancy bays which may be served by the common public entrance for which the directory sign is intended. a. 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 Building Official of any change in sign user, sign owner or owner of the property on which the sign is located. b. Inspection. All signs for which a permit is required shall be subject to inspection by the Building Official. 0 The Building Official, or designated agent, are hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Ordinance are being obeyed. Such entrance shall be made during business hours unless an emergency exists. The Building Official may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this Ordinance. 11. Permit and Variance Procedures. a. Permit Issued if Application in Order. It shall be the duty of the Zoning Administrator upon the filing of an application for a permit to examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign. If it shall appear that the proposed structure is in compliance with all the requirements of this Sign Ordinance and all other laws and ordinances of the City of Oak Park Heights, the permit shall then be issued. If the work authorized under a permit has not been completed within sixty (60) days after the date of issuance, the permit shall be null and void. • • • • b. Variances. In order to provide additional flexibility in the enforcement of this Ordinance and to alleviate hardship and injustice, the City Council, serving as the Board of Adjustments and Appeal, 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 applicable provisions of the Oak Park Heights Zoning Ordinance, as may be amended. Additionally, the City Council serving as the Board of Adjustments and appeal, shall make a finding of fact that an undue hardship or injustice exists if a variance were not granted and therefore, may grant such variations based upon consideration of the following: 1) That particular physical surroundings, 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. 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. c. 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. • MEMORANDUM TO: Kimberly Kamper FROM: Scott Richards DATE: September 6, 2001 RE: Oak Park Heights — Sign Ordinance Workshop FILE NO: 798.04 -- 01.05 As you are aware, the Planning Commission scheduled a workshop to precede their regular meeting of September 13, 2001 to discuss a Sign Ordinance amendment process. Although the actual update process will not begin until after the first of the year, the Planning Commission will review background information, ordinances, and develop a work program to proceed with the update in 2002. At their workshop, we suggest that the Planning Commission discuss the following related to the Sign Ordinance update: Review Sign Pictures NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595. 9837 planners@nacplanning.com • George Vogt has assembled pictures of signs throughout Oak Park Heights. The Planning Commission should identify other pictures that they would like staff to take or take their own pictures to assist in the update process. Review Ordinances 1 Other Information • In the August 9, 2001 Planning Commission packet, Sign Ordinance information from Woodbury, South St. Paul, Maple Grove, St. Paul, and Roseville was included. I have also attached a copy of the Lakeville Ordinance for your information. The Planning Commission should review these ordinances, ask questions, and indicate if there are other cities' ordinances they would like to utilize during the process. • Chuck Hedlund has provided a packet of information from the Natural Electric Sign Association regarding on- premise signage. That information will be available at the meeting. • Two documents from the Planning Advisory Service, one on sign regulations and the other on corporate franchise design and signage will also be available for review at the meeting. Existing Ordinance Review I Issue Identification • At the workshop, the Planning Commission should review the existing Sign Code, section by section, to determine the issues with the regulations. The Planning Commission should discuss what they like about the regulations and what should be changed based on the experiences during recent development reviews. • A discussion on temporary signage is needed related to size limitations, time limitations, etc. Sign Ordinance Review Process • In working with ordinance committees for other communities, a Sign Code update will require significant input from the business community as well as interested citizens. The group should be relatively small, but diverse enough to represent the community. We have suggested the following: One or Two City Council Members One or Two Planning Commission Members One Chamber of Commerce Staff Member Three or Four Members of the business community representing small business, a representative of one of the large retailers, and representatives of the service industry such as hotels or restaurants. Two or Three Citizens City Staff — Kris Danielson, Scott Richards and Jim Butler The Planning Commission should discuss how it would like to proceed with a Sign Ordinance committee. How to Proceed • What are the next steps for the Planning Commission and staff? pc: Kris Danielson • • B. Objectives: LAKEVILLE SIGN ORDINANCE \I CHAPTER 3 SIGN ORDINANCE SECTION: 9 -3 -1: Title, Purpose and Intent 9 -3 -2: ' Conflict With Zoning Ordinance 9 -3 -3: Definitions 9 -3 -4: General Provisions 9 -3 -5: Permitted and Prohibited Signs 9 -3 -6: Nonconforming Signs 9 -3 -7: General District Regulations 9 -3 -8: Special District Regulations 9-3 -9: inspection 9 -3 -10: Permit, Application, License, Variance, and City Council Approval 9 -3 -11: Enforcement and Penalties 9 -3 -1: TITLE, PURPOSE AND INTENT: A. Title: This Chapter shall be known as the "Lakeville Sign Ordinance" except as referred to herein, where it shall be known as "this Chapter. 1. To establish standards which permit businesses a reasonable and equitable opportunity to advertise. 2. To preserve and promote civic beauty and prohibit signs which would detract from this objective because of size, shape, height, location, condition, cluttering or illumination. 3. To insure that signs do not create safety hazards. 9 -3 -2: CONFLICT WITH ZONING ORDINANCE: 11 there is a conflict that occurs between this Chapter and the Lakeville Zoning Ordinance, as amended, the conditions as set forth in the Lakeville Zoning Ordinance, as amended, shall prevail. 9 -3 -3: DEFINITIONS: ADDRESS SIGN: A sign communicating only a street address. ADVERTISING SIGN: A sign used to advertise products, goods or services not exclusively related to the premise on which the sign is located. 3 -1 SEP- 06 -Za 11 11; bb NHL ALTERATION: Any major alteration to a sign excluding routine maintenance, painting or change of copy of an existing sign. AREA IDENTIFICATION SIGN: A freestanding sign identifying the name of a single or two - family residential subdivision consisting of twenty (20) or more Lots; a residential planned unit development; a multiple residential complex consisting of three (3) or more structures; an office or business structure containing three (3) or more independent operations; a single business consisting of three (3) or more separate structures; a manufactured home court; or any integrated combination of the above. The sign shall only identify an area, complex or development and shall not, unless approved by the City Council, contain the name of individual owners or tenants. The sign may not contain advertising. AWNING: A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded or collapsed against the face of a supporting building. BANNERS: Attention- getting devices which resemble flags and are of a paper, cloth or plastic - like consistency. BENCH SIGNS: A sign which is affixed to a bench such as at a bus stop. BILLBOARD: An advertising sign. 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. BUSINESS SIGN: Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. CAMPAIGN SIGN: A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election. CANOPY SIGN: Message or identification affixed to a canopy or marquee that provides a shelter or cover over the approach to any building entrance. CONSTRUCTION SIGN: A sign at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties. DIRECTIONAL SIGN: A sign erected with the address and/or a name of a business, institution, church or other use or activity plus directional arrows or activity plus directional arrows or information on location. DIRECTORY SIGN: An exterior informational wall sign identifying the names of businesses served by a common public entrance in a shopping center or office building. ELECTRONIC READER BOARD: A sign with an electronic changing message. 3 -2 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. FREESTANDING SIGN: Self- supporting sign not affixed to another structure. • FREEWAY COMMERCIAL CENTER: The land located within two thousand five hundred (2,500) feet of a full north/south Interstate 35 interchange. • FREEWAY CORRIDOR DISTRICT: A special signing district encompassing land located one thousand five hundred (1,500) feet either side (east/west) of the Interstate 35 center line. IDENTIFICATION SIGN: A sign which identifies the business, owner, manager, resident or address of the premises where the sign is located and which contains no other material. ILLUMINATED SIGN: Sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. INDIVIDUAL PROPERTY SALE, LEASE OR RENTAL SIGN: Any on- premises sign announcing the name of the owner, manager, realtor or other person directly involved in the sale or rental of the property or announcing the purpose for which it is offered. INFORMATIONAL SIGN: Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification. Gas price and menu board signs are informational signs and shall not be included in calculating the size limitations imposed within the respective zoning district. INSTITUTIONAL SIGN: A sign which identifies the name and other characteristics of a public or semipublic institution on the site where the sign is located. INTEGRAL SIGN: A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when 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. MARQUEE: See definition of Canopy Sign. MENU BOARD: A sign containing a food price list for restaurant customers, but containing no advertising or identification. MOTION SIGN: Any sign which revolves, rotates, has moving parts or gives the illusion of motion. NONELECTRONIC READER BOARD: A sign requiring manual change of copy. NONPROFIT ORGANIZATION: A corporation formed under Minnesota Statutes chapter 317 and which is formed for a purpose not involving pecuniary gain to its shareholders, or members and paying no dividends or other pecuniary remuneration, directly or indirectly, to its shareholders or members, or a community or civic group such as the Lions Club, League of Women Voters, etc. PARAPET: A low wall which is located on a roof of a building will be known as a parapet for this Chapter. 3 -3 SEP- db - - d001 11; 3 -4 PORTABLE SIGN: A sign so designed as to be movable from one location to another and which is not permanently attached to the ground, sales display device, or structure. PROJECTING SIGN: A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. PUBLIC ENTRANCE: Any passage or opening which affords entry and access to the general public or customer. PUBLIC ENTRANCE, COMMON: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants. REAL ESTATE SIGN: A business sign placed upon a property advertising that particular property for sale, or for rent or for lease. ROOF SIGN: Sign erected, constructed or attached wholly or in part upon or over the roof of a building. ROOFLINE: The top of the coping or, when the building has a pitched roof, the intersection of the outside wail with the roof. SIGN: The use of any words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, firm, profession or business and are visible to the general public. SIGN AREA: The area within the marginal lines of the surface of a sign which bear the advertisement or, in the case of messages, figures or symbols attached directly to a building or sign structure, that area which is included in the smallest rectangle or series of geometric figures used to circumscribe the message, figure or symbol displayed thereon. SIGN, MAXIMUM HEIGHT OF: The vertical distance from the grade to the top of the sign. SIGN STRUCTURE: The supports, uprights, bracing and framework for a sign including the sign area. STREET FRONTAGE: The proximity of a parcel of land to one or more streets. An interior lot has one street frontage and a comer lot has Iwo (2) or more frontages. TEMPORARY SIGN: A sign erected or displayed for a specified period of time. WALL GRAPHICS: A sign painted directly on an exterior wall. 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. WINDOW SIGN: A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display. • • • 9-3 -4: GENERAL PROVISIONS: A. The design and construction standards as set forth in chapter 4, of the 1997 Edition of the Uniform Sign Code as may be amended, are hereby adopted. B. The installation of electrical signs shall be subject to the State's electrical code. Electrical service to such sign shall be underground. C. Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs. Notwithstanding any other provision in this Title, from August 1 in the State general election year until ten (10) days following the State general election there is no limitation on the size of the noncommercial signs. D. Signs shall not 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 ", unless the sign is intended to direct traffic on the premises. E. Signs and sign structures shall be properly maintained and kept in a safe condition. Electronic and nonelectronic reader boards shall be maintained such that any loss of letters or illumination of letters shall necessitate discontinuance of sign use until all the letters and message can be restored. Sign or sign structures which are rotted, unsafe, deteriorated, or defaced shall be reprinted, repaired or replaced by the licensee, owner or agent of the building upon which the sign stands. F. No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the City Building Official. G. 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. H. The use of searchlights, banners, pennants and similar devices shall require a license. The license shall be valid for no more than ten (10) consecutive days. No more than three (3) licenses per business shall be granted during any twelve (12) month period. 1. Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver. Nor shall such signs interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets. J. Portable signs may not exceed thirty two (32) square feet and may not be illuminated with any flashing device. Use of a portable sign shall require a license. The license shall be valid for no more than ten (10) consecutive days. No more than three (3) licenses per business shall be granted during any twelve (12) month period. K. No sign or sign structure shall be closer to any lot line than a distance equal to one -half ( the minimum required yard setback. No sign shall be placed within any drainage or utility easement. 3-5 ti dbbl 11.00 I`If IL. 9 -3 -5: PERMITTED AND PROHIBITED SIGNS: L. Signs requiring licenses shall display in a conspicuous manner the license sticker or sticker number. M. No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. N. A freestanding sign or sign structure constructed so that the faces are not back to back, shall not have an angle separating the faces exceeding twenty (20) degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. 0. Signs prohibited in residential districts shall be positioned so that the copy is not visible from residential uses or districts along adjoining side and rear yard property lines. P. Except for farm buildings, at least one address sign identifying the correct property number as assigned by Dakota County shall be required on each principal building in all districts. The number shall be at least three (3) inches in height. Q. Billboards are a principal use of property. Annual licenses are required for all billboards. A11 billboards must be removed as a condition of platting or subdivision approval for the land on which it is located. A. Permitted Signs: The following signs are allowed without a permit: 1. Public Signs. Signs of a public, noncommercial nature including zoning and subdivision, public notification signs, safety signs, directional signs to public facilities, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like, when erected by or on behalf of a public official or employee in the performance of official duty. 2. Identification Signs. Identification signs not exceeding three (3) square feet. 3. Informational Signs. Informational signs not exceeding sixteen (16) square feet. 4. Directional Signs. a. On- Premises Signs. Shall not be larger than four (4) square feet. The number of signs shall not exceed four (4) unless approved by the City Council. b. Off - Premises Signs. Shall be limited to situations where access is confusing and traffic safety could be inappropriately routed through residential streets. The size of the sign shalt be approved by the City Council and such sign shall contain no advertising. 5. Integral Signs. 3 -6 • 6. Campaign Signs. Campaign signs, not exceeding eight (8) square feet. From August 1 in a State general election year until ten (10) days following the State general election there is no limitation on the size of campaign signs. The sign must contain the name and address of the person responsible for such sign, and that person shall be responsible for its removal. Such signs shall remain for no longer than seventy five (75) days in any calendar year. The City shall have the right to remove and destroy signs not conforming to this Chapter. The City shall assess a fee of two (2) dollars per sign removed by the City. The provisions of this Section shall be effective except to the extent preempted by State or Federal Law. 7. Holiday Signs. Signs or displays which contain or depict a message pertaining to a religious, national, State or local holiday and no other matter and which are displayed for a period not to exceed seventy five (75) days in any calendar year. 8. Construction Signs. A non illu minated construction sign confined to the site of the construction, alteration or repair. Such sign must be removed within two (2) years of the date of issuance of the first building permit on the site or when the particular project is completed, whichever is sooner. One sign shall be permitted for each street frontage. No sign may exceed thirty two (32) square feet in area and a height of eight (8) feet in the AP, RA, RAO, RS -1, RS -2, RS -3, RS-4, RS- CBD, RSMH, RST -1, RST -2, RM -1, and RM -2 Districts or sixty four (64) square feet in area and a height of ten (10) feet in an RH -1, RH -2 and all C (Commercial) and I (Industrial) Districts. 9. Individual Property Sale, Lease Or Rental Signs. One sign shall be allowed per street frontage. Within the R (Residential) Districts, no sign shall exceed twelve (12) square feet in area and six (6) feet in height for single- family, two- family, townhouse, and quadraminium units; or thirty two (32) square feet in area or eight (8) feet in height for multi - family or institutional uses. Within all other zoning districts and in those cases where a parcel of land exceeds ten (10) acres, regardless of its zoning, no sign shall exceed sixty four (64) square feet in area or ten (10) feet in height. 10. Rummage (garage) sale signs. Rummage sale signs shall be removed within two (2) days after the end of the sale and shall not exceed five (5) square feet. Rummage sale signs shall not be located in any public rights of way. The City shall have the right to remove and destroy signs not conforming to this Chapter. The City shall assess a fee of two (2) dollars per sign removed by the City. 11. OSHA signs. 12. Window signs. Window signs shall not exceed twenty five (25) percent of the total area of the window in which they are displayed. B. Prohibited Signs: The following signs are prohibited: 1. Advertising signs. 3 -7 SEP -06 -2001 11 NHL 9 -3 -6: NONCONFORMING SIGNS: .L C. J ✓J ✓V.J f 1 • L✓ 2. Illuminated signs which change in color or intensity of light, flash, scroll, or are animated other than electronic and nonelectronic reader boards and barber poles as permitted in this Section. C. Real Estate Development Project Signs; Off- Premises: A maximum of two (2) real estate development project signs advertising lots or property for sale may be located off - premises by permit. The permit shall be renewable annually and conditioned upon documentation allowing such sign or structure by the property owners on whose land the sign is to be located. The sign size shall not exceed thirty two (32) square feet in area or eight (8) feet in height. The permit application shall be submitted in conjunction with the application for final plat. A. General Provisions Goveming Nonconforming Signs: 1. Continuation Of Use: A nonconforming sign lawfully existing upon the effective date of this Chapter may be continued at the size and in the manner existing upon such date. 2. Prohibitions: A nonconforming sign may not be: a. Structurally altered except to bring it into compliance with the provisions of this Chapter. b. Enlarged. c. Reestablished after its removal or discontinuance. d. Repaired or otherwise restored, unless the damage is less than fifty (50) percent of sign structure. e. Replaced. 3. Nonconforming Sign Maintenance And Repair: Nothing in this Chapter shall be construed as relieving the owner of use of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this Chapter 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 nonconforming or the sign shall lose its legal nonconforming status. B. Nonconforming Uses: When the principal use of land is legally nonconforming under the Lakeville Zoning Ordinance, alt 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. 3 -8 • • 9-3 -7: GENERAL DISTRICT REGULATIONS: A. AP, RA, RAO, RS -1, RS -2, RS -3, RS -4, RS -CBD, RSMH, RST -1, RST -2, RM-1, and RM -2 Districts: 1. Residential Area identification: Except as provided below, two (2) signs for each entrance to an area from major collector or arterial streets as defined by the Lakeville Transportation Plan and consistent with the following provisions: a. Siting. b. Sign Size/Location. (1) outlots Or Common Open Space. (A) Residential area identification signs shall be located on outlots or on common open space of sufficient size and area to accommodate said sign and related structure's landscaping. A homeowners' or neighborhood association shall be required for the area identified by the signs, and shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities, and other costs associated with the sign(s) and their property. The association rules or bylaws shall specify how the aforementioned sign responsibilities will be delegated and paid for and shall be subject to the review and approval of the City Attorney. (B) Residential area identification signs shall be considered and planned for at the time of preliminary plat application. outlots or common open space for residential area identification signs shall be designated on the preliminary plat. Detailed plans for area identification signs shall be submitted with the final plat. The development contract between the City and the developer shall specify the designated use of the outiot or common open space, its ownership and the respective homeowners' association responsibilities regarding the outlot or common open space. (2) Temporary Signs. (A) By sign permit, subject to the sign size /location and performance standards regulated by this Chapter, on residential plats, with no outlots or common open space designated for area identification signs or where large rights of way are created for future street widening, may be allowed temporarily on the comer lots. A security shall be submitted by the developer or sign owner guaranteeing the removal of the signs by the specific date or event approved by the City Building Official. 3 -9 SEP -db - '0 J1 11; NHL. (1) Each sign area shall not exceed forty eight (48) square feet with a maximum sign structure height of eight (8) feet for freestanding signs. (2) Signs shall be located no less than fifteen (15) feet from a property line. If the applicant wishes to locate a sign in the traffic visibility triangle, as is specified in Section 11 -16 -15 of this Code, an exception may be granted provided that the applicant demonstrates to the City that the sign location will not unduly interfere with the traffic visibility and safety in its proposed location and shall not be closer than five (5) feet from any lot line. All sign plans shall be subject to the approval of the City Building Official. c. Performance Standards. (1) Lighting of signs shall be permitted only for signs owned by a developer or homeowners' or neighborhood association, and provided that glare or light from such lighting does not illuminate any adjacent properties, buildings, structures, or public rights of way. The electric costs and maintenance of such lighting shall be the responsibility of the developer or the homeowners' association or neighborhood association of the area identified by the sign(s) and, as applicable, shall be clearly noted in the association rules and bylaws. Any lighted signs shall require an electrical permit. (2) The area around the sign shall be landscaped and maintained in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review and approval of the City Building Official. The design and construction of residential area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to reduce the potential for vandalism. Residential area identification signs shall be aesthetically pleasing and shall be so maintained. The sign shall be compatible with nearby or potential homes and other structures in the area. Detailed construction plans and a materials list sham be included with each sign permit application and shall be subject to review and approval of the City Building Official. (3) (4) The sign owner shall be responsible for securing and maintaining liability insurance for the area in which the sign is located and for the sign structure. d. Code Enforcement. The City reserves the right to require the removal, at the owner's expense, any sign when the requirements of this Chapter are not completely followed and adhered to or if the sign is not properly 3 -10 • • maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign or nearby landscaping when removed by the City. e. Secondary Entrance Signs. (1) As part of a residential planned unit development, residential area identification signs may be allowed for secondary entrances to the project area on local or neighborhood streets at their intersection with a collector or arterial street. (2) Secondary entrance signs shall be subject to the performance standards of this Section except that: (A) Each sign area shall not exceed twenty four (24) square feet with a maximum sign structure height of six (6) feet. (B) One sign shall be the maximum allowed per such entrance. 2. Business Signs. Only one sign as accessory to a permitted or conditional use. Sign area may not exceed thirty two (32) square feet with a maximum height of eight (8) feet for freestanding signs. B. RH -1, and RH -2 Districts: 1. Residential Area Identification. Only one sign for each area. Sign area may not exceed fifty (50) square feet with a maximum height of eight (8) feet for freestanding signs. 2. Single Or Double Occupancy Business Signs. The total sign area may not exceed ten (10) percent of the total front building facade except that both front and side facades may be counted on a comer lot. Signs chosen to comprise the total sign area shall be consistent with the following provisions: a. Freestanding. Not more than one freestanding sign. Sign area may not exceed fifty (50) square feet with a maximum height of eight (8) feet. C. O -R District: b. Wall, Canopy Or Marquee. Not more than one wall, canopy or marquee sign per building. However, on comer lots two (2) such signs are allowed, one per street frontage. Individual sign area may not exceed fifty (50) square feet. 1. Area Identification. Only one sign may be erected. Sign area may not exceed fifty (50) square feet with a maximum height of fifteen (15) feet for freestanding signs. 2. Single Or Double Occupancy Business Sign. The total sign area may not exceed ten (10) percent of the total front building facade except that both front and side 3--11 • wu facades may be counted on a corner lot. Signs chosen to comprise the total sign area shad be consistent with the following provisions: D. C -1 and C -2 Districts: a. Freestanding. Not more than one freestanding sign. Sign area may not exceed fifty (50) square feet with a maximum height of twenty (20) feet. b. . Wall, Canopy Or Marquee. Not more than one wall, canopy or marquee sign per building. However, on comer lots two (2) such signs are allowed, one per street frontage. Individual sign area may not exceed fifty (50) square feet. 1. Area Identification. Only one sign. Sign area may not exceed seventy five (75) square feet with a maximum height of twenty (20) feet for freestanding signs. 2. Single Or Double Occupancy Business Signs. The total sign area for the subject property may not exceed fifteen (15) percent of the total front building facade except that both front and side facades may be counted on a comer lot. Signs chosen to comprise the total sign area shall be consistent with the following provisions: a. Freestanding. Not more than one sign. Sign area may not exceed fifty (50) square feet with a maximum height of twenty (20) feet. b. Wall, Canopy Or Marquee. Not more than one wall, canopy or marquee sign per building. However, on comer lots two (2) such signs are allowed, one per street frontage. Individual sign area may not exceed sixty four (64) square feet. E. O-3, C•CBD, C -W Districts: 1. Area Identification. Only one sign. Sign area may not exceed one hundred (100) square feet with a maximum height of twenty (20) feet for freestanding signs. 2. Single Or Double Occupancy Business Signs. The total sign area may not exceed fifteen (15) percent of the total front building facade except that both front and side facades may be counted on a corner lot. Signs chosen to comprise the total sign area shall be consistent with the following provisions: a. Freestanding. Not more than one sign. Sign area may not exceed one hundred (100) square feet with a maximum height of twenty (20) feet. b. Wall, Canopy Or Marquee. Not more than one wall, canopy or marquee sign per building per street frontage. Individual sign area may not exceed one hundred (100) square feet. Additional wall signs may be approved by the City Council in the C -CBD District if a freestanding sign is not used. F. CC, I -CBD, 1-1,1-2 Districts: • 1. Area Identification. Only one sign. Sign area may not exceed one hundred (100) square feet with a maximum height of ten (10) feet for freestanding signs. 2. Single Or Double Occupancy Business Signs. The total sign area may not exceed fifteen (15) percent of the total front building facade except that both front and side facades may be counted on a comer lot. Signs chosen to comprise the total sign area shall be consistent with the following provisions: a. Freestanding. Not more than one sign. Sign area may not exceed one hundred (100) square feet with a maximum height of ten (10) feet. b. Wall, Canopy Or Marquee. Not more than one wall, canopy or marquee sign per building. However, on comer lots two (2) such signs are allowed, one per street frontage. Individual sign area may not exceed one hundred (100) square feet. 3. Maximum Specifications. For single occupancy industrial structures of one hundred thousand (100,000) square feet of floor area or greater, the following maximum specifications shall apply: a. Wail, Canopy And Marquee. Not more than one wall, canopy, or marquee sign per building, unless located on a corner lot where one sign for each street frontage shall be allowed. The total sign area shall not exceed three hundred (300) square feet. G. Freeway Corridor District: 1. Area identification. Only one sign may be erected. Sign area may not exceed two hundred (200) square feet with a maximum height of thirty (30) feet for freestanding signs. 2. Single or double occupancy business signs. The total sign area may not exceed fifteen (15) percent of the building facade except that both front and side facades may be counted on a comer lot. Signs chosen to comprise the total sign area shall be consistent with the following provisions: a. Freestanding. Not more than one sign. Sign area may not exceed one hundred fifty (150) square feet with a maximum height of thirty (30) feet. b. Wall, canopy or marquee. Not more than one wall, canopy or marquee sign per building. However, on comer lots two (2) such signs are allowed, one per street frontage. Individual sign area may not exceed one hundred fifty (150) square feet. 3. For single occupancy commercial structures of one hundred thousand (100,000) square feet of floor area or more, the following maximum specifications shall apply: 3 -13 Cr- YJz) "4YJY' 1 1 G • rJ J. �n�•• 9-3 -8: SPECIAL DISTRICT REGULATIONS: 3 -14 a. Wall, canopy and marquee. Not more than two (2) wall, canopy or marquee signs per building. Combined sign area shall not exceed six hundred (600) square feet. b. Freestanding. Not more than one sign. Sign area shall not exceed four hundred (400) square feet with a maximum height of fifty (50) feet. Exception: In the case of an accessory use on the same lot, a second freestanding sign shall be allowed. Sign area of the accessory use sign shall not exceed one hundred fifty (150) square feet with a maximum height of thirty (30) feet. H. "PUD" Planned Unit Development District: In a Planned Unit Development District, signing restrictions shall be based upon the individual uses and structures contained in the complex. Signs shall be in compliance with the restrictions applied in the most restrictive zoning district in which the use is allowed. A. Motor Fuel Station: 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. In addition, motor fuel stations may also display signs which identify current fuel prices and car wash facilities. Except as provided for in the Freeway Corridor District, said signs shall be limited to a maximum of sixteen (16) square feet each and shall be limited to a maximum height of ten (10) feet. B. Wall, Canopy Or Marquee Signs In The C -1, C -2, C-3, C -CBD, C -W, 1 -CBD, I -1 And 1 -2 Zoning Districts: in cases where no freestanding signs are utilized and where principal structures have a front yard setback in excess of that which is required under the applicable zoning district regulations, the maximum property signage percentage limitation or maximum square feet restriction may be increased one (1) percent for every five (5) feet of additional setback beyond the zoning district front yard setback requirement. This increase shall be limited to a twenty five (25) percent maximum and shall be applied only to signs located in the yard for which the calculation was made. C. Multiple Occupancy Business And Industrial Buildings: When a single principal building is devoted to four (4) or more businesses, or industrial uses, a comprehensive sign plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations. The plan shall be subject to the approval of the City Council. No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. 1. The maximum individual sign sizes for multiple occupancy structures and individual uses which may display sign shall not exceed the maximum provisions for single or double occupancy structures in the same zoning district. The bonus provided in subsection B of this Section shall not apply in calculating maximum sign size. • • 2. Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions in Section 9 -3 -7 of this Chapter. Individual freestanding signs identifying the tenants business shall not be displayed. 3. Except as provided in subsection C of this Section, individual tenants of multiple occupancy structures shall not display separate business signs unless the tenant's business has an exclusive exterior entrance. The number of signs shall be limited to one per entrance, and each sign shall be limited to the maximum wall size sign permitted in the district. The signs shall be located only on exterior walls which are directly related to the use being identified. 4. In any multiple occupancy structure qualifying as a shopping center, directory signs shall be permitted for each common public entrance. Each directory 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. The size of individual business identification signing within the directory shall be established during the site plan review process. Attention shall be given to the possible number of tenant or occupant bays which may be served by the common public entrance for which the directory sign is intended. D. Regional Shopping Centers And Industrial Parks Containing More Than Forty Acres: Where shopping center facilities or industrial parks cover more than forty (40) acres of land, two (2) area identification signs may be displayed in accordance with the maximum sign size provisions per area identification sign of the applicable zoning district. Additional signs may be displayed subject to approval of the City Council. E. Freeway Area Directional Signs: Within the Freeway Corridor District, directional signs indicating business identification and access routing signs may be allowed by approval of the City Council. Such signs shall be in compliance with the maximum sign size provisions of the District. F. Institutional, Noncommercial Public And Semipublic Uses: 1. The maximum signing allowed for such uses shall be determined on the basis of the following criteria (whichever provision allows for the largest amount of signing shall be the provision which applies): a. Based upon site area: Up to 5 acres 5.1 acres to 10 acres 10.1 acres to 15 acres 15.1 acres to 25 acres 25.1 acres and above 3 -15 32 square feet 64 square feet 96 square feet 128 square feet 160 square feet b. The maximum size of signing allowed per single use in the respective zoning district in which the site is located. 2. For sites not exceeding twenty five (25) acres, one sign shall be permitted for each principal use, the total signing not to exceed the maximum allowed per site. 9 -3 -9: INSPECTION: 3. For sites of greater than twenty five (25) acres containing one or more principal uses, two (2) signs not exceeding the maximum amount of signing allowed per site shall be permitted. 4. Electronic and nonelectronic reader board space used separately or in combination on a sign shall not exceed a total of forty (40) square feet or twenty five (25) percent of the allowable sign area, whichever is less. The message displayed on electronic reader board signs shall be depicted in one statement and not a continuing sentence or flow of information. Flashing, scrolling, special effects or animated scenes on electronic reader boards shall be prohibited. G. Electronic Reader Boards In The C -1, C -2, C -3, C-CBD, And Freeway Corridor Districts: One electronic reader board providing only time and temperature shall be allowed per site in the above listed districts. The electronic reader board shall not exceed a maximum of twenty five (25) percent of the allowable sign area or exceed forty (40) square feet, whichever is less, for a freestanding or wall sign. H. Nonelectronic Reader Boards In The C-1, C•2, C-3, C -CBD, C-W, Freeway Corridor, 1- CBD, I -1, and 1 -2 Districts: One nonelectronic reader board shall be allowed per site in the above listed districts. The nonelectronic reader board shall not exceed a maximum of twenty five (25) percent of the allowable sign area or exceed forty (40) square feet, whichever is less, for a freestanding or wall sign. Exceptions: Electronic and nonelectronic reader boards, where allowed in the districts specified in subsections G and H of this Section, may be used in a single sign but shall not exceed a total maximum of twenty five (25) percent of the allowable sign area or exceed forty (40) square feet, whichever is less, for a freestanding or wall sign. All signs for which a 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 Chapter. 9 -3 -10: PERMIT, APPLICATION, LICENSE, VARIANCE, AND CITY COUNCIL APPROVAL: A. Permit Required: Except as provided In subsection 9 -3 -5A of this Chapter, no sign or structure shall be erected, constructed, altered, rebuilt or relocated until a permit has first been issued by the City. B. Sign Application: The following information for a sign license shall be supplied by an applicant if requested by the City: 1. Name, address and telephone number of person making application. 2. Name, address and telephone number of person owning sign. 3 -16 1 • • • • 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. Plans, location and specifications and method of construction and attachment to the buildings or placement method in the ground. 5, 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. 6. Written consent of the owner or lessee of any site on which the sign is to be erected. 7. Any electrical permit required and issued for the sign. 8. Such other information as the City shall require to show full compliance with this and all other laws and ordinances of the City. C. License issued If Application Is In Order. The City Building Official upon the filing of an application for a license shall examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign. If it appears that the proposed structure is in compliance with all requirements of this Chapter and all other laws and ordinances of the City, the license shall be issued. If the work authorized under a license has not been completed within sixty (60) days after the date of issuance, the license shall be null and void. D. City Council Approval: When this Chapter requires City Council approval for a sign, the application shall be processed in accordance with the procedural and substantive requirements of the Lakeville Zoning Ordinance for a conditional use permit. E. Variances: The City Council may, upon application, grant a variance from the terms of this Chapter. The request for a variance shall be processed in accordance with the procedural and substantive requirements of the Lakeville Zoning Ordinance. F. Fees: Fees for the review and processing of sign license applications and variance requests shall be imposed in accordance with the fee schedule established by City Council resolution. 9-3-1 1 : ENFORCEMENT AND PENALTIES: A. This Chapter shall be administered and enforced by the City Building Official. The City Building Official may institute in the name of the City appropriate actions or proceedings against a violator. B. Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this Chapter shall, upon conviction thereof, be fined or penalized not more than the maximum levels established by the State for misdemeanor offenses. 3 -17 TOTAL P.18