HomeMy WebLinkAbout2019-01-24 OPH Ltr to Carissa Keister Re Parking Lot Banner Placement City of Oak Park Heights
14168 Oak Park Blvd.N.
Oak Park Heights,MN 55082
Phone:651.439.4439 Fax:651.439.0574
January 24,2019
Carissa Keister
Community Engagement Manager
Stillwater Area Public Schools
1875 Greeley St.S.
Stillwater,MN 55082
Re: Proposed Placement of Banners to Parking Area Light Poles at Stillwater Area High School
5701 Stillwater Blvd.N.,Oak Park Heights,MN 55082
Dear Ms.Keister:
Thank you for your reaching out regarding the possibility of hanging Pony-branded banners on the Stillwater
Area High School parking lot light poles.
Unfortunately,City Ordinance does not permit such banner placement on a permanent basis.
City Zoning Ordinance 401.15.G.regulates signage for the City of Oak Park Heights.
➢ Section 401.15.G.4.b does not allow for sign placement(banners)upon fences,poles and natural
features,with the exception of signs necessary for security,or to preserve the public safety,as
determined by the City Council.
➢ Section 401.15.G.6.h prohibits 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 set forth in Section 401.15.6.7.
➢ Section 401.15.G.6.o prohibits 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.
To seek deviation from City Ordinance regulations,the school district would need to seek and receive a
Conditional Use Permit(amendment)allowing such banner placement. If this is something the school
district would like to pursue,please contact City Administrator,Eric Johnson at 651.439.4439 or via email at
eajohnson@cityofoakparkheights.com.
Phone:651.439.4439—Direct:651.3 51.1661
Email:jhultman@cityofoakparkheights.com
City of Oak Park Heights
Carissa Keister
January 24,2019
Page 2 of 2
That being said, if the school district desires to place such banners for a DEFINED temporary period of time,
they could do so with a special event permit per City Zoning Ordinance Section 401.15.G.7.
Special event permits are limited to 50 calendar days per year. There is no charge for special event permits.
Currently the maximum number of days per year has been utilized by theater productions,garden sales and
other events hosted by or through the school district at the Stillwater Area High School.
For your convenience, I have attached (1) City Zoning Ordinance Sections 401.15.G.4, 6 &7 and (2)a Special
Event Permit Application. City Zoning Ordinance 401 and the special event permit application can both be
found on the City webpage at www.cityoakparkheights.com as well.
Please feel to reach out to City Administrator Johnson or myself anytime with questions or possible projects
at the Stillwater Area High School.We are happy to help where we can.
Sincerely,
PLANNING &CODE ENFORCEMENT
Ju ie Itman
Buil in Official
Enclosures
c: Eric Johnson, City Administrator
Carissa Keister via email—keisterc@stillwaterschools.org
12.17,401.15.G. Signs.
36
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 River 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 devices.
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 (1) sign, as assigned by the City,
shall be required on each principal building in all districts. Such sign shall
be of sufficient size to be legible from the nearest street yet shall not exceed
nine (9) square feet in area. The numbers shall be metal, glass, plastic or
durable material and the numbers shall not be less than three and one-half
(3.5) inches in height, in a contrasting color to the base or made of some
reflective material and so placed to be easily seen from the street.
g. Sign Maintenance. Signs and sign structures shall be properly maintained
and kept in a safe condition. Sign or sign structures which are rotted,
unsafe, deteriorated or defaced, as determined by the City Building Official
shall be removed, repainted, repaired, or replaced by the permit holder,
owner or agent of the property upon which the sign stands.
h. Electrical Building Code. All signs shall be constructed in accordance
with the Minnesota State Building Code and the National Electrical Code.
All electrical service wiring shall be buried.
Hours of Operation. Signs in the R-B, B-1, B-2, B-3, B-4, B-W, and I
Districts may only be illuminated during business hours, or until eleven
o'clock (11:00) PM, whichever is later.
j. External Lighting. Signs with external lighting shall have no exposed light
sources or fixtures unless decorative fixtures are utilized and the light
source is fully concealed and diffused. The maximum brightness of the
signs in combination with the building and site lighting shall not exceed the
standards found in Section 401.15.B.7 of this Ordinance.
k. Internal Lighting. Signs with internal lighting shall include illumination of
only the text and/or logo portion of the message. Back lighting of signage
on fabric awnings is prohibited.
Neon. Neon signs shall be limited to channel letter signs, logos, and
permanent window signage in the R-B, B-1, B-2, B-3, B-4, B-W and I
Districts.
m. Setbacks. No part of a sign or sign structure shall be placed closer to the
property line than five (5) feet. No sign shall be positioned so that it impacts
or is exposed to residential uses or districts along adjoining side and rear
yard property lines.
n. Flags. No more than three (3) flags may be displayed outside of a building.
This number may, however, be increased provided an interim use permit is
issued in compliance with Section 401.05 of this Ordinance. 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 than sixteen (16) square feet in size and totaling
no more than four (4) per property may be posted beginning forty six (46)
days before the state primary in a state general election year until ten (10)
days following the state general election, in accordance with Minnesota
State Statutes, as amended.
b. Signage on bus benches, as regulated in the Oak Park Heights Code
of Ordinances. For the purposes of this Ordinance, such signage shall not
be considered to be off-premises advertising signage.
c. Permanent Window Signage. Shall not exceed twenty-five (25) percent
of the total area of the window in which they are displayed. Lettering used
in permanent window signage exceeding three and one-half (3.5) inches in
height shall be included in the calculations of allowable sign area permitted
on that side of the building. Use of neon for permanent window sign shall
be allowed within the requirements of this Section.
d. Temporary Window Signs. Temporary window signs shall be permitted
within the R-B, B-1, B-2, B-3, B-4, B-W and I Districts, provided that they do
not exceed ten (10) percent of the front building facade.
e. Additional Allowed Signs.
1) One (1) nameplate or address sign for each unit in a single and two
family residential dwelling not exceeding two (2) square feet in area
per surface. Lots abutting more than one (1) right-of-way shall be
allowed one (1) sign not to exceed two (2) square feet in area per
frontage.
2) One nameplate or address sign, placed on the wall of the structure,
for each dwelling group of three or more units or commercial
business. The sign may not exceed six (6) square 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 area of the sign 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
detract 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.7 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.
33 q. Dynamic display signs.
33 r. Electronic graphic display signs.
33 s. Multivision signs
33 t. Video display signs.
36 401.15.G.7. SPECIAL EVENTS.
a. Sign Permit Required. No special event shall be held without first
obtaining a sign permit.
19 b. Number of Events. The business or applicant in all business and industrial
22 zoning districts, as well as each public and institutional use in residential
districts (except for the areas within the Destination Retail Highway District
as indicated in Section 401.15.G.7.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.
22 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.7 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.
31 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.
36 6) Ribbons, Streamers and Air Inflatable Devices— limited
to three (3) special event 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,
and 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.
City of Oak Park Heights
14168 Oak Park Blvd. N • Oak Park Heights, MN 55082 Phone
(651 ) 439-4439 • Fax (651 ) 439-0574
www.cityofoakparkheights.com
Temporary "Special Event" Sign/Banner
& Temporary Outdoor Sales Tent
Permit Application
PLEASE TYPE OR PRINT
Applicant's Name: Title:
Business Name:
Address:
Street City State Zip
Phone: Fax: Other:
Applicant Email Address:
Type: Check All Applicable
Banner Sign Balloon Tent Other:
Description of Item(s): Include message content, location, exact dimensions of item(s) and how it/they
will be erected (e.g. banner attached to building wall). Please use the back of this application if you need
additional room. For tent placement a site plan must be submitted with this application, showing location,
number of parking spaces, if any displaced, etc.
Date Item(s) Will Be Erected: Dated Item(s) Will Be Removed:
• 50 Days Maximum Per Calendar Year
By signature below, the applicant hereby agrees to work in accordance with the Ordinances of the Local
Municipality, State Building Code, and the requirements enforced by the City of Oak Park Heights. The
applicant further agrees to place and remove temporary signage as approved and notify Code Enforcement
of any change to design, location or placement duration.
Dated:
Applicant's Signature
For Office Use Only: Julie Hultman, Building Official
Date Issued: Planning & Code Enforcement
Duration: Direct: (651) 351-1661
Accumulated Duration: FAX: (651 ) 439-0574
Permit Fee: None Email: jhultman@cityofoakparkheights.com
Permit Granted/Denied by:
Reason for Denial (if denied):
Temporary "Special Event" Sign/Banner
&Temporary Outdoor Sales Tent
Permit Application
Page 2
Continued Description (from page 1):
Site Plan:
Site Plan -Additional Information:
R 10.05.18