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02-09-2006 Planning Commission Meeting Packet
D t OAK PARK HEIGHTS CITY OF PLANNING COMMISSION MEETING AGENDA Thursday, February 9, 2006 -- 7:00 p.m. I. Call to Order: II. Approval of Agenda: III, Approve Minutes of January 12, 2006: (1) IV. Department / Commission Liaison / Other Reports: A. Commission Liaison: B. St. Croix Crossing Update: C. Other: V. Visitors/Public Comment: This is an opportunity for the public to address the Commission with questions or concerns regarding items not on the agenda. Please limit comments to three minutes. VI. Public Hearings: VII. New Business: A. *CSM (Lowe's) Development: Recommendation on the Disposal of Public Property (2) VIII. Old Business: A. Sign Ordinance: Flag & Banner Provisions - Continued Discussion (3) IX. Informational: A. Next Meeting: March 9, 2006 -- Regular Meeting @ 7:00 p.m. B. Council Representative: February - Commissioner Wasescha March - Chair Runk X. Adiournment. c ENCLOSURE U Z CITY OF OAK PARK HEIGHTS �.:�. PLANNING COMMISSION MEETING MINUTES Thursday, January 12, 2006 Call To Order: Chair Runk called the meeting to order at 7 :00 p.m. Present: Commissioners Caspers, Dwyer and Wasescha. City Planner Richards, City Administrator Johnson and Commission Liaison Doerr. Absent: Commissioner Lilj egren. Approval of Agenda: Commissioner Wasescha, seconded by Commissioner Caspers, moved to approve the Agenda, as presented. Carried 4--0. Approve Minutes of December 8, 2005: Commissioner Caspers, seconded by Commissioner Wasescha, moved to approve the Minutes as presented. Carried 4 -0. Department /Commission Liaison Reports /Other Reports: A. Commission Liaison: Chair Runk welcomed City Councilmember Jack Doerr as the new Planning Commission City Council/Commission Liaison. Commission Liaison Doerr reported that he had nothing. new to report at this time. B. St. Croix Crossing Update: C. Other: Visitors/Public Comment: None. Public Hearings: None. New Business: A. Sign. Ordinance: Flag & Banner Provisions City Planner Richards outlined the City Council's desire for Planning Commission review of the Sign Ordinance as it particularly related to flags, banners, temporary and mega signage. Richards reviewed his report of January 5, 2006 and discussed the same, noting specific situations present within the City and Council suggestion of holding a workshop with stakeholders. Discussion ensued amongst the Commission, City Planner, City Administrator and Commission Liaison as to a variety of thoughts, including flag design, size and number criteria, federal regulations for the U.S. flag, promotional possibilities for the U.S. flag during patriotic holidays such as Memorial Day; Banner & Slgnage clutter In general, special event and temporary signage restrictions, common violation situations and locations, ordinance enforcement and consistency in communication of ordinance requirement and/or violation, corrective action process for violations and limitations; Mega- signage issues and measures to control them; and Hwy. 36 corridor Visual Quality issues relative to signage along the corridor. Planning Commission Minutes January 12, 2006 Page 2 of 2 Commissioner Wasescha, seconded by Chair Runk, moved that staff work on revisions to ordinance and that discussion of the same be ongoing. Carried 4 -0. B. Comprehensive Plan: 2008 Update Preparation City Planner Richards noted the requirements for Comprehensive Plan updating and that the City of Oak Park Heights was required to complete its update by the end of 2008. Richards discussed the general process and inquired of the Commission what approach they would like to take in commencing work on the update. Commission consensus was that they would discuss the update and work with the City Council on it through the Commission Liaison. The matter will be brought forward for discussion as needed until its completion. Old Business: None. Informational: Commission Liaison Doerr noted that Visual Quality Manual can be viewed at City Hall and encouraged the Commission to take a look at it and provide comments to City Administrator Johnson. Chair Runk clarified that the City Council did not change any of the Planning Commission meeting dates during their discussion of them at their January 10, 2006 meeting. Commission Liaison Doerr confirmed that no dates were changed. A. Next Meeting: February 9, 2006 7:00 p.m. -- Regular Meeting B. Council Representative: January -Vice Chair Lilj egren February - Commissioner Wasescha Adi ournment: Commissioner Wasescha, seconded by Commissioner Dwyer, moved to adjourn At 8:02 p.m. Carried 4 -0. Respectfully submitted, Julie A. Hultman Planning & Code Enforcement Officer Approved by the Planning Commission: s ENCLOSURE 0 2 ;r t City of a k Park H 14168 Oak Park Blvd. N • Box 2007 * Oak Park Heights, MN 55082 Phone (651) 439 -4439 • Fax (651) 439 -0574 February 3 rd , 2006 TO: Planning Commission Mem FROM: Eric Johnson, City Adman' RE: Disposal of City Property As part of the CSM (Lowe's) development, CSM must purchase from the City two easements that the City maintains a property interest. The properties are described in the attached Notice of Public Hearing and map. It is my understanding that the City purchased these properties from the Ritzer's in the 1990's with the annexation of the area west of Oakgreen Pursuant to Minnesota Statute 462.356, see below, the City cannot dispose of this property until the Planning Commission reviews such proposed sale and conveys an opinion to the City that such sale is consistent with the City's Comprehensive Plan. As you are aware, this property was rezoned to B-4 in 2005 and did receive a positive recommendation from the Planning Commission for the CSM project at that time. This issue will be discussed in more detail at the meeting but the Planning Commission, at the end of such discussion will need to make a formal recommendation as to the disposal of this property. 462.356 Procedure to effect plan: generally. Subd. 2, Compliance with plan. After a comprehensive municipal plan or section thereof has been recommended by the planning agency and a copy filed with the governing body, no publicly owned interest in real property within the municipality shall be acquired or disposed of, nor shall any capital improvement be authorized by the municipality or special district or agency thereof or any other political subdivision having jurisdiction within the municipality until after the plannin ageney has reviewed the EEo ,posed acquisition, disposal, or capital improvement and reported i n ww! tsng to the _governing body or other special district or a gcy or political subdivisions concerned, its findings as to compliance of the d osed acquisition disposal or improvement with the comprehensive =7nici P lan. Failure of the planning agency to report on the proposal within 45 days after such a reference, or such other period as may be designated by the governing body shall be deemed to have satisfied the requirements of this subdivision. The governing body may, by resolution adopted by two - thirds vote dispense with the requirements of this subdivision when in its judgment it finds that the proposed acquisition or disposal of real property or capital improvement has no relationship to the comprehensive municipal plan. 1 NOTICE OF PUBLIC HEARING FOR Y fir: CITY OF OAK PARK HEIGHTS ON PROPOSED ACQUISITION OF REAL ESTATE INTEREST OWNED BY 1Ih CITY OF OAK PARK tmIGHTS AS REQUESTED BY CSM, INC. NOTICE IS HEREBY GIVEN that the City Council for the City of Oak Park Heights, Washington County, Minnesota shall hold a public hearing at the municipal building located at 14168 Oak Park Blvd., Oak Park Heights Minnesota, upon the request from CSM, Inc. requesting of the City that they be allowed to acquire the City's real estate interest in and to real property within the City of Oak Park Heights described as follows: Those specific road and utility easements created in Document No. 1005324 within the office of the Registrar of Titles, Washington County, Minnesota, wherein the City of Oak Park Heights acquired permanent easement for road and utility purposes over and across the south 40 feet of a portion of the North Half of the Northeast Quarter (N1 /2 of NE 1/4), Section Five (5), Township Twenty -Nine (29) North, Range Twenty (20) West, Washington County, Minnesota. AND That real estate interest acquired by the City of Oak Park Heights as was created in Document No. 876327 in the office of the County Recorder in and for Washington County, Minnesota, wherein the City of Oak Park Heights acquired a perpetual easement for public roadway, drainage and utility purposes conveyed to the City of Oak Park Heights by Warranty Deed dated February 24, 1996 and filed of record on March 6, 1996 as Document No. 876327, affecting land located in the North Half of the Southeast Quarter of the Northeast Quarter (N1 /2 of SE1 /4 of the NE1 /4) of Section Five (5), Township Twenty -Nine (29), Range Twenty (20), Washington County, Minnesota, lying within an 80 foot wide strip of land as more specifically described therein the above - referenced document. The City Council of the City of Oak Park Heights will be conducting a public hearing to receive public input on the proposal. The public hearing shall be held on February 14, 2006 at 5:00 o'clock p.m. or as soon thereafter as the matter can be beard before the City Council. All written and oral comments will be considered. Copies of the request and supporting documentation are on file in the offices of the City Administrator and are available to the public for review and inspection during regular business hours. Dated this day of January, 2006. BY ORDER OF THE CITY COUNCIL: �r e *A VILLAGE AT OAK RK HEIGHTS ST HI GHW A Y 3 6 IF -K.A . T.H 2121 f ill ' . gOT R "W PLAT go. $2 -55 -" - (+eat GaefraNdlral 110 360« i" Jw U . emu , 80TH S TREET N. �•:.� w i $ ° --- r•N.. - •.. 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I i ( •=haw :r 1yyYYM TO !E OEDII'.AIEA AS Pl1BUC 11-16111? aF -MfAY w 1 ;, yea 7 ` --• PROPOM f Rwml y -1119 f 1 •: L;: -• :c i =a" I , � -•r { 97(1111116 PROPERIT UNE 4 �' PRQPOSED LOT LINE fY o i- L , ( I •w w++a.+,..ow - ' •� - . r w �+•.... ! w r"a�.s} ;a - �. - D0 ON LOT U E L1 N -- - - - - -- PwrgsED EIlR11rm Z � F �, rr a!4' % iri ^ + .4. r.� lyy iT11 '4 Y� f; q ¢ - -_ ".- NtC SDMff FA . / � Ei$1 . �. ^t'Sfir�:� � Z •••� O X ! s.a w.r.•r 1 »....« '�;: `- :0.000 arr•�n :r �`�� - ' �< .�° 1 :- - - - - _ .a - _ _ � - s = . tZe.f...•w - � ='� ,; , ` �� ,•' jam 970111900 WANT--W-WAY F.t y �t 111111 � Zw :�"• r '�;�;,�;:�z �, N 9(�V M S y 0 �. . PRop oc j =. " easeme . t °dedicated in the L W all " :ter - (Road and Uti 1 i t all �:� �� i � ��� °a;�`�ments conveyed to City Doc. 1005324 (R ) Y . .- ."S. «:7.'w. � yta.yt,Y. a (�� �(. Ilr ' t �� ,J �H• +e� 000.00 t.. y� 11 . •w.a..ww °a a.w 68TH STREET NORTH �X / L ; C;�t "it alum a -ta-as e• _ -�^ ,.�1 1 0 0 scut 0" = loff o d q 10 T ` �-� iF GC Joe ft us- OU11.e N PRELIMINARY PLAT �FE f SCALE wrTM I /L r a 3 of 10 NORTH-WEST ASSOCIATED CO'. NSULTANTS, I NC* 4800 Olson Memorial Hi 'Suite 202, Golden Valle MN 55422 Telephone: 783.231.2555 Facsimile: 763.231.2561 planners naeplannin ENCLOS-URE 03 MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: Februar 3, 2006 RE: Oak Park Hei — Si Ordinance: Banners and Fla FILE NO: 798.04 — 05.05 As y ou are aware, the Plannin Commission discussed the issues related to the Si Ordinance at their Januar 12, 2006 meetin There was discussion on special events si includin banners and fla as well as chan to the re to prohibit the ordinance from bein challen to allow "me animated billboards. The Plannin Commission also su that representatives of the car dealerships be brou into the next meetin to discuss the fla and banner issue. The Plannin Commission will discuss this issue a at their Februar 9, 2006 meetin Representatives of Stillwater Ford, Stillwater Motors, and Denn Hecker's GM dealership have been invited to the meetin Fla The Plannin Commission discussed displa of the American fla especiall as it relates to car dealerships. Please find attached a cop of the U.S. Fla Code. Observations from the fla code related to the displa at dealerships include: 1. The fla must be properl illuminated durin hours of darkness if not removed from a buildin or fla staff. 2. All-weather fla should be used if the fla are not removed durin inclement weather. 3. The fla should be mounted so that it can be lowered to half staff upon order of the President. The Fla Code does not differentiate "just on public buildin or "federal offices onl It is b order of the President as to which fla and for how lon the should be flown at half staff. The Minnesota State Statutes does not specif g uidelines as to displa of the fla The Governor can order the fla to be flown at half staff, but a check of the past orders of the Governor has indicated only at the capital grounds or at public buildings. It appears as though the U.S. Flag Code gives authority to the Governor to proclaim that the National flag can be flown at half staff. It does not give limitations of which flags or location. We will review this matter further with the City Attorney, but it appears as though the City can specify that flags on flag staffs must be mounted so that they can be lowered to half staff, that they be lit appropriately, and that all- weather flags be used. Special Events Signage The Planning Commission discussed changes to Section 401.15.G.8 related to special events signage. It appears as though some of the members wanted to allow some flexibility in this section. Currently, businesses are limited to three special events per calendar year and each event cannot exceed 10 days. Many businesses totally disregard this regulation and display special events signage 365 days per year. We would suggest that the ordinance provide more opportunities for special events signage, but for shorter periods of time. It was recommended by the Planning Commission to include special events signage allowances for Federal holidays. The following language is provided for your review: 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. b. Holiday Events. The business or applicant in all business and industrial zoninq districts, as well as each public and institutional use in residential districts, shall be allowed to display permitted advertisinq devices for no more than four (4) consecutive days when one of those days includes a Federal holiday. Federal holidays shall include: New Years Dav, Birth of Martin Luther Kinq Jr., Presidents Birthday, Memorial Dav, Independence Dav, Labor Day, Columbus Dav, Veterans Dav, Thanksqivinq Dav, and Christmas Day. C. Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts, shall be allowed three (3) special events per calendar year. Each special event shall not exceed k9ffl. four (4) days and shall not be extended for a total of three (3) consecutive time periods for each business. Once the time period has expired for the special event, the applicant shall wait the same number of days that the sign permit was issued to start a new special event. Mega Animated Billboards 2 r► 4 w NAC staff is still working with City Attorneys in researching this issue related to placement of large billboards, primarily abutting freeway frontages. The tactic used by this individual is to have a sign ordinance deemed invalid by a Court on technicalities. The one basis that has been used is that freedom of speech would prohibit a City from specifying content of a sign. Some cities, including the City of Otsego, whose revised sign ordinance is attached, have eliminated all references in content including specific sign regulations for real estate or construction type signs. Our office is not re ared to offer an amendments to the Oak Park Heights Sign p p Y Ordinance at this time, but the City Council may want to consider a moratorium on certain large sized signs while this issue is being researched. The League of Minnesota Cities is also addressin g this issue and shall have further guidance in the near future. It is suggested that the moratorium be placed on any sign of 300 square feet or larger. This would be consistent with the maximum total allowable signage within the B -2, B -3 or B -4 Districts. 3 r r Sons of Union Veterans of the Civil War f \ 9, :..: U.S. a g Code 4 US Code Displaying the Flag Previous to Flag Day, June 14, 1923 there were no federal or state regulations governing display of the United States Flag. It was on this date that the National Flag Code was adopted by the National Flag Conference which was attended by representatives of the Army and Navy which had evolved their own procedures, and some 66 other national groups. This purpose of providing guidance based on the Army and Navy procedures relating to display and associated questions about the U.S. Flag was adopted by all organizations in attendance. A few minor changes were made a year later during the Flag Day 1924 Conference. It was not until June 22, 1942 that Congress passed a joint resolution which was amended on December 22, 1942 to become Public Law 829; Chapter 806, 77th Congress, 2nd session. Exact rules for use and display of the flag (36 U.S.C. 173 -178) as well as associated sections (36 U.S.C. 171) Conduct during Playing of the National Anthem, (36 U.S.C. 172) the Pledge of Allegiance to the Flag, and Manner of Delivery were included. The code is the guide for all handling and display of the Stars and Stripes. It does not impose penalties for misuse of the United States Flag. That is left to the states and to the federal government for the District of Columbia. Each state has its own flag law. Criminal penalties for certain acts of desecration to the flag were contained in Title 18 of the United States Code prior to 1989. The Supreme Court decision in Texas v. Johnson, June 21, 1989, held the statute unconstitutional. This statute was amended when the Flag Protection Act of 1989 (Oct. 28, 1989) imposed a fine and /or up to I year in prison for knowingly mutilating, defacing, physically defiling, maintaining on the floor or trampling upon any flag of the United States. The Flag Protection Act of 1989 was struck down by the Supreme Court decision, United States vs. Eichman, decided on June 11, 1994. While the Code empowers the President of the United States to alter, modify, repeal or prescribe additional rules regarding the Flag, no federal agency has the authority to issue 'official' rulings legally binding on civilians or civilian groups. Consequently, different interpretations of various provisions of the Code may continue to be made. The Flag Code may be fairly tested: 'No disrespect should be shown to the Flag of the United States of America. Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown. The following information is taken from Title 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES - of the United States Code Chapter 1 - THE FLAG - as provided on the Internet by the Legal Information Institute at Cornell University School of Law. Sec. 1. - Flag; stripes and stars on The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be fifty stars, white in a blue field. Sec. 2. - Same; additional stars On the admission of a new State into the Union one star shall be added to the union of the flag; and such. addition shall take effect on the fourth day of July then next succeeding such admission. Sec. 3. - Use of flag for advertising purposes; mutilation of flag Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words "flag, standard, colors, or ensign ", as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of. said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars 2 r' ~ and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America. Sec. 4. - Pledge of allegiance to the flag; manner of delivery The Pledge of Allegiance to the Flag, 1 pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all., should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute. Sec. 5. - Display and use of flag by civilians; codification of rules and customs; definition The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with Y regulations promulgated b one or more executive departments of the Government of g p g the United States. The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of this title and Executive Order 10834 issued pursuant thereto Sec. 6. = Time and occasions for display (a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. (b) The flag should be hoisted briskly and lowered ceremoniously. (c) The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed. (d) The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Martin Luther King Jr.'s birthday, third Monday in January; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half -staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays. (e) The flag should be displayed daily on or near the main administration building of every public institution. 3 (f) The flag should be displayed in or near every polling place on election days. (g) The flag should be displayed during school days in or near every schoolhouse. Sec. 7. - Position and manner of display The flag, when carried in a procession with another flag or flags, .should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line. (a) The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section. (b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender. (c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations. (d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag. (e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs. (f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right. (g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. (h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half - staff. When the flag is 4 o • _ o v suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building. (i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street. (j} When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street. ( k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience. (1) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument. (m) The flag, when flown at half - staff, should be first hoisted to the peak for an instant and then lowered to the half -staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half - staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half -staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect. to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half -staff according to Presidential - , instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a p resent or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half - staff. The flag shall be flown at half- staff 30 days from the death of the President or a former President; 10 days from the day f death of the Vice President, the Chief Justice or a retired Chief Justice of the Y United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of ry p Congress. The flag shall be flown at half -staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection - 1 The term "half-staff' means the position of the flag when it is one -half the distance between the top and bottom of the staff; (2) The term "executive or military department" means any agency listed under sections 101 and 102 of title 5, United States Code; and (3) The term "Member of Congress" means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico. 5 r (n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground. (o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east. Sec. 8. = Respect for flag No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor. (a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property. (b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. (c) The flag should never be carried flat or horizontally, but always aloft and free. (d) The flag should never be used as wearing apparel, bedding, or drapery. it should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general. (e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way. (f) The flag should never be used as a covering for a ceiling. (g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature. (h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything. (i) The flag should never be used for advertising purposes in any manner whatsoever. it should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown. (j} No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself 6 r considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart. (k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. Sec. 9. - Conduct during hoisting, lowering or passing of flag During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes. Sec. 100 - Modification of rules and customs by President Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation. Comments to: SUVCW National Webmaster Last Updated. 1111612005 23:54:06 (KAP) n 1995 - 2005, Sons of Union Veterans of the Civil War A Congressionally - Chartered Corporation 7 w SECTION 37 s4 SIGN REGULATIONS Section 20 -37 -1: Purpose 20 -37 -2: Substitution Clause 20 -37 -3: General Provisions 20 -37 -4: Permitted and Prohibited Signs 20 -37 -5: Zoning District Regulations 20 -37 -6: Special Use Regulations 20 -37 -7 Permits Required, Inspection and Removal 20 -37 -8: Non - Conforming Signs 20 -37 -1: FINDINGS, PURPOSE AND EFFECT: A. Findings. The City Council hereby finds as follows: 1. Exterior signs have a substantial impact on the character and quality of the environment. 2. Signs provide an important medium through which individuals may convey a variety of messages. 3. Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. 4. 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 article 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 article 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. 37 -1 O ' r 2. Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. 3. Improve the visual appearance of the City, while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. 4. Provide for fair and consistent enforcement of the sign regulations set for herein under the zoning authority of the City. C. Effect. A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of these regulations. The effect of this sign ordinance, as more specifically set forth herein, is to: 1. Allow a wide variety of sign types in commercial zones and a more limited variety of signs in other zones, subject to the standards set forth in this sign ordinance. 2. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zoning districts, subject to the standards set forth in this sign ordinance. 3. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. 4. Provide for the enforcement of the provisions of this sign ordinance. .20 -37 -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. 20 -37 -3: GENERAL PROVISIONS: A. No signs, other than those of governmental jurisdictions, shall be permitted within public right -of -way or roadway easements. 0 37 -2 t r B. No sign or sign structure, unless otherwise regulated by this Section, shall be closer to any lot line than ten (10) feet. On corner lots, no sign shall be located within the visibility triangle required by Section 20 -16 -8 of this Chapter. C. No sign shall be placed within any drainage or utility easement. D. 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. E. 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. F. No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress of any building or structure. G. The installation of electrical signs shall be subject to the State's Electrical Code. Electrical service to such sign shall be underground. H. Illuminated signs shall comply with Section 20 -16 -10 of this Chapter and shall be shielded to prevent lights from being directed onto residential property, or 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 and highways. 1. Landscaping that accompanies signage must be approved by the Zoning Administrator with regards to installation, design and maintenance. J. 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 or Zoning Administrator, shall be removed, repainted, repaired, or replaced by the permit holder, owner or agent of the property upon which the sign stands. K. The owner, lessee or manager of any ground sign and the owner of the land on which the same is located shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which a sign is located. 20 -37 -4: PERMITTED AND PROHIBITED SIGNS: A. Permitted Signs. The following signs are allowed without issuance of a sign permit as provided for by Section 20- 37 -6.A of this Chapter: 37 -3 1. In addition to the signs allowed by Section 20 -37 -4 of this Section, two (2) signs not exceeding sixteen (16) square feet shall be allowed per lot. 2. Campaign Signs. Notwithstanding any other provisions of the sign ordinance, all signs of any size containing non - commercial speech may be posted from August in any general election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election, in accordance with Minnesota State Statutes Section 211 B.045. 3. Window signs shall be allowed subject to the sign area allowances of the respective zoning districts provided that the sign not exceed twenty -five (25) percent of the total area of the window in which they are displayed. 4. Any Signs in 'the public interest, erected by, or on the order of, public officers in the performance of their public duty, such as directional signs, regulatory signs, warning signs, and informational signs and all warning signs posted by public utilities whether or not such signs are in the public rights-of-way. B. Prohibited Signs. The following signs are prohibited. I . Off- premises signs. 2. Motion signs except as allowed by Minnesota Statutes Section 173.16, Subd. 3. 3. No private sign shall be erected that resembles any official marker or sign erected of a governmental agency or shall display such words as "stop" or "danger" unless so specified by this Chapter or the City Code. 4. Projecting Signs. 5. Roof Signs. 6. Signs on or attached to equipment such as vehicles, semi -truck trailers or other portable trailers where signing is a principal use of the equipment on either a temporary or permanent basis. 20 -37 -4: ZONING DISTRICT REGULATIONS: A. Agricultural Zoning Districts as defined by Section 20 -50 -1 of this Chapter. 1. All signs as outlined in Section 20- 374A of this Section. 2. One (1) sign provided that: a. The area of the sign shall not exceed sixty -four (64) square feet. 37 -4 4 ° t H • b. Freestanding signs shall be limited to a maximum height of eight (8) feet. 3. In addition to the signs allowed by Section 20- 37 -4.A.1 and 2 of this sub- section, one (1) sign shall be allowed subject to the following provisions: a. The area of the sign shall not exceed thirty -two (32) square feet. b. Freestanding signs shall not exceed a maximum height of eight (8) feet. C. The sign shall be displayed for not more than twenty -one (21) days within a calendar year, except by interim use permit. B. Residential Zoning Districts as defined by Section 20 -50 -1 of this Chapter. 1. All signs as outlined in Section 20- 37 -4.A of this Section. 2. One (1) sign provided that: a. The area of the sign shall not to exceed sixty -four (64) square feet. b. Freestanding signs shall be limited to a maximum height of eight (8) feet. 3. In addition to the signs allowed by Section 20 -37 -4.8.1 and 2 of this sub- section, one (1) sign shall be allowed subject to the following provisions: a. The area of the sign shall not exceed thirty -two (32) square feet. b. Freestanding signs shall not exceed a maximum height `of eight (8) feet. C. The sign shall be displayed for not more than twenty -one (21) days within a calendar year, except by interim use permit. C. Business and Industrial Zoning Districts as defined by Section 20 -50 -1 of this Chapter. 1. All signs as outlined in Section 20- 37 -4.A of this Section. 2. The total area of all signs displayed on a lot shall not exceed fifteen (15) percent of the total building facade fronting not more than two (2) public streets. 3. Freestanding. Not more than one (1) double -sided freestanding sign. Sign area may not exceed one hundred (100) square feet each side with a 37 -5 maximum height of twenty (20) feet, except that for signs within the Freeway Corridor District, the sign area shall not exceed two hundred (200) square feet each side with a maximum height of fifty (50) feet. 4. Wall, Canopy, or Marquee. Wall,, canopy, or marquee signs shall be permitted on one facade fronting a public street, except in the case of a corner lot or through lot where wall signs may be installed on two facades fronting a public street. The area of individual signs shall not exceed one hundred (100) square feet, except that for signs within the Freeway Corridor Districts, the area of signs installed on the facade of a principal building fronting to a principal arterial roadway shall not exceed two hundred (200) square feet. 5. Multiple Principal Buildings and Multiple Tenant Buildings. When property is developed with two (2) or more principal buildings on one property or a principal building has more than (2) tenants each with an exclusive exterior entrance, signs shall be allowed subject to review and approval of the Zoning Administrator based upon the following requirements: a. A comprehensive sign plan is submitted that includes all of the following information: (1) A site plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs and any other physical features of the area included within the proposed comprehensive sign plan. (2) Elevations to scale of buildings included within the comprehensive sign plan including the location, of existing or proposed wall, canopy or marquee signs. (3) To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors and means of illumination (if any). (4) No permit shall be issued for a new or replacement sign for an individual use except upon a determination by the Zoning Administrator that it is consistent with the approved comprehensive sign plan for the site. b. One temporary sign as provided for by Section 20- 37 -4.C.6 of this Section shall be allowed for each tenant provided that only one (1) such sign per property is displayed at any time. 6. In addition to the signs allowed by Section 20- 37 -4.C.1 through 5 of this sub - section, one (1) sign shall be allowed subject to the following provisions: 37-6 s s a. The area of the sign shall not exceed thirty -two (32) square feet. b. Freestanding signs shall not exceed a maximum height of eight (8) feet. C. The sign shall be displayed for not more than twenty -one (21) days within one (1) calendar year, except by interim use permit. D. Institutional Zoning Districts as defined by Section 20 -50 -1 of this Chapter. 1. All signs as outlined in Section 20- 37 -4.A of this Section. 2. Not more than one (1) double -sided freestanding sign. Sign area may not exceed one hundred (100) square feet each side with a maximum height of twenty (20) feet. 3. Wall, canopy, or marquee signs shall be permitted on any facade fronting a public street. There shall be no limit as to the area of individual signs. 4. in addition to the signs allowed by Section 20- 37 -4.D.1 through 4 of this sub - section, one (1) sign shall be allowed subject to the following provisions: a. The area of the sign shall not exceed thirty -two (32) square feet. b. Freestanding signs shall not exceed a maximum height of eight (8) feet. C. The sign shall be displayed for not more than twenty -one (21) days within one (1) calendar year, except by interim use permit. 20 -37 -5: SPECIAL USE REGULATIONS: A. Area Identification Signs. Signs at the entrance to an area or subdivision from collector or arterial street defined by the Otsego Comprehensive Plan shall be allowed provided that: 1. Not more than one (1) sign shall be allowed at each entrance from a collector or arterial street. 2. Area: a. For agricultural and residential districts, the area of each sign shall not exceed thirty -two (32) square feet. 37 -7 • 9 nN • b. For business, industrial or institutional districts, the area of each sign shall not exceed two hundred (200) square feet. 3. Height. a. For agricultural and residential districts, the maximum height of each sign shall be eight (8) feet. b. For business, industrial and institutional districts, the maximum height of each sign shall be twelve (12) feet. 4. Signs shall be located on outlots of sufficient size and area to accommodate said structure. An association or other form of deed restriction and ownership deemed acceptable by the City Council and involving all the properties within the designated area shall be required, which shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities and other costs associated with the sign(s) and the outlot upon which it is located. The association rules or by -laws, or similar legal document, shall specify how the aforementioned sign responsibilities will be delegated and paid for. Such legal document shall be subject to the review and approval of the City Attorney. 5. Outlots for signs shall be considered and planned for at the time of preliminary plat application and be included in the final plat. The subdivision development contract between the City and the developer shall specify the designated use of the outlot, its ownership and the p Y g respective responsibilities regarding the outlot. 6. The outlot area around the sign shall be landscaped 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 City Council review and comment. 7. The design and construction of area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. Area identification signs are to be aesthetically pleasing when designed and constructed. The sign shall be compatible with nearby structures in the area. Detailed construction plans and a materials list shall be included with each sign permit application and shall be subject to City Council review and approval. 8. The City reserves the right to require the removal, at the owner's expense, of any sign when the requirements of this section are not completely followed and adhered to, or if the sign is not properly maintained or falls 37 -8 4 w into a state of disrepair. The City shall not have an obligation or liability p Y Y g Y to replace any sign when removed by the City. B. Motor Fuel Station. Signs for motor fuel stations shall be regulated by the sign provisions for the zoning district in which the station is located, except that a sign not to exceed thirty -two (32) square feet shall be allowed to display current fuel prices in accordance with Minnesota State Statutes Section 239.751. C. Planned Unit Development District. Within a planned unit development district as defined by Section 20 -50 -1 of this Chapter, sign allowances shall be based upon the individual uses and structures within the development in compliance with the standards applied for the conventional zoning district where such uses are allowed. 20 -37 -6: PERMITS REQUIRED, INSPECTION AND REMOVAL: A. Except as provided in Section 20- 37 -4.A, no sign or structure shall be erected, constructed, altered, rebuilt or relocated until a permit has first been issued by the Zoning Administrator. 1. Sign Application. The following information for a sign permit shall be supplied by an applicant upon submission of a sign permit application: a. Name, address and telephone number of person making application. b. Name, address and telephone number of person owning sign. C. The name, address telephone number and signature of the person owning the property upon which the sign is to be located. d. A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. e. Plans, location and specifications and method of construction and attachment to the buildings or placement method in the ground. f. Landscape plans for area around signs. g. Written consent of the owner or lessee of any site on which the sign is to be erected. h. Any electrical permit required and issued for the sign. i. Future maintenance plans. 37 -9 J S, j. Sign value. k. The applicant shall certify that the application is in full compliance with this Chapter and all other applicable provisions of the .City Code. 2. Application Processing and Action. a. Within fifteen (15) working days of receiving an application for a sign permit, the Zoning Administrator shall review it for completeness. If the application is complete, it shall then be processed. If the Zoning Administrator finds that it is incomplete, the Zoning Administrator shall, within such fifteen (15) working day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Chapter and /or the City Code. b. Upon receipt of a complete application, the Zoning Administrator shall review and comment upon application and shall either: 1. Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this Chapter and the City Code. 0 2. Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform with the requirements of this Chapter and the City Code. C. In case of a rejection, the Building Official shall specify in the rejection the Section or Sections of this Chapter and /or the City Code with which the sign(s) is inconsistent. d. if the work authorized under a permit has not been initiated within sixty (60) days after the date of issuance, the permit shall be null and void. 3. Fees. Fees for the review and processing of sign permit applications shall be imposed in accordance with the schedule established by Section 2 -4 -1 of the City Code. B. Inspection. All signs shall be subject to inspection by the Zoning Administrator and /or Building official. C. Removal of Signs. 1. The Zoning Administrator and/or Building Official shall order the removal of any illegal non - conforming sign erected or maintained in violation of this Chapter. Notice in writing shall be given by the City to the owner of such 37 -10 r r a 4 sign, or of the building, structure or property on which such sign is located, to remove the sign or to bring it into compliance with the provisions of this Section within fifteen (15) days from the date of said notice. 2. Upon failure to remove the sign or. to comply with this notice, the City may remove the sign. Any costs of removal incurred by the City shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinary debt or in the manner of taxes and all costs shall be assessed against the property. 3. The Zoning Administrator and /or Building Official may order the immediate removal of any sign without notice, which is in violation of the following: a. Signs located within the public right -of -way. b. Temporary signs that have exceeded the time limits allowed in this Section. C. The condition of the sign is such as to present an immediate threat to the safety of the public. 20 -37 -7: NON- CONFORMING SIGNS AND USES: A. Non - Conforming Signs. Any non - conforming on- premise sign lawfully existing upon the effective date of this Section may be continued at the size and in the manner existing upon such date, subject to the following provisions: 1. Maintenance and Repair. Nothing in this Section 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 Section regarding safety, maintenance, and repair of signs, provided 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. Illegal, non - conforming signs shall be removed by the property owner within ten (10) days of notice from the City. 2. Prohibited Alterations. A non - conforming sign may not be: a. Structurally altered except to bring it into compliance with the provisions of this Section. b. Enlarged. C. Re- established after its removal or discontinuance. 37 -11 l d. Repaired or otherwise restored, unless the damage is to less than fifty (50) percent of sign structure value as determined by the Zoning Administrator. e. Replaced (Applies to structure only and not message). B. Non - Conforming Uses. When the principal use of land is legally non - conforming under this Chapter, all existing or proposed signs in conjunction with that land, unless otherwise provided for by this Chapter or the City Code, shall be considered conforming if they are in compliance with the sign provisions for the zoning district in which the principal use is allowed. 37 -12