HomeMy WebLinkAbout2006-401-05 • ORDINANCE NO. 401-06-05
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING SECTION 401.02.13 AND SECTION 401.15.G OF THE
OAK PARK HEIGHTS ZONING ORDINANCE RELATING TO SIGNS.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA
ORDAINS:
SECTION 1. Section 401.02.13 of the Zoning Ordinance (Definitions) is hereby
amended to read as follows:
Sign Related:
1. Air Inflatable Devices: A balloon that exceeds two (2) feet in diameter.
2. Alteration: Any change to a sign excluding routine
maintenance, repair, painting or change of
copy of any existing sign.
• 3. Animated Sign: Any sign that uses movement or change of
lighting to depict action or create a specific
effect or scene, including devices with or
without a commercial message, such as
spinners and windsocks, but not including
barber poles and time and temperature signs.
4. Artificial Light: Illumination resulting from internal or external
artificial light sources, including glare and
reflected light byproducts of artificial light
sources.
5. 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 support building.
6. Balloon: A flexible, inflated bag in various shapes and
colors.
7. Banner: Attention getting devices which resemble flags
and are of a paper, cloth or plastic -like
• consistency.
8. Bannerette: Flexible material that resembles a flag, and has
minimum dimensions of two (2) feet by two (2)
• feet and no larger than three (3) feet by five (5)
feet. A smaller sized bannerette is defined as
a pennant.
9. Beacon: Any light with one (1) or more beams directed
into the atmosphere or directed at one (1) or
more points not on the same lot as the light
source; also, any light with one (1) or more
beams that rotate or move.
10. Bench Signs: A sign which is affixed to a bench such as at a
bus stop.
11. Building Facade: That portion of any exterior elevation of a
building extending from grade to the top of the
parapet wall or eaves and the entire width of
the building elevation.
12. Cabinet Sign: A sign that has framing around the entire sign
message with a removable face.
13. Canopy Sign: The area of copy, graphic, or identification
• which is affixed to a projection or extension of
a building or structure, including a marquee,
erected in such a manner as to provide a
shelter or cover over the approach to any
entrance of a store, building, or place of
assembly.
14. Changeable Copy Sign: A sign or portion thereof with characters,
letters, or illustrations that can be changed or
rearranged without altering the face or the
surface of the sign. A sign on which the
message changes more than eight (8) times
per day shall be considered an animated sign
and not a changeable copy sign for purposes
of this Ordinance.
15. Commercial Speech: Speech advertising a business, profession,
commodity, service or entertainment.
16. Copy: The wording on a sign surface either
permanent or removable letter form.
• 17. Flag: A piece of cloth or bunting varying in color and
design, used as a symbol, standard, emblem,
or insignia.
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18. 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.
19. Freestanding Sign: A self- supported sign not affixed to another
structure.
20. Ground /Low Profile Sign: A sign that is intended to be incorporated into
some form of landscaping design scheme or
planter box, is not elevated from the ground by
means of a pole or free - standing support
structure, but is placed directly on the ground
or on an interior planter base which is
incorporated into such a design arrangement.
21. Illuminated Sign: A sign illuminated by an artificial light source
either directed upon it or illuminated from an
interior source.
22. Integral Sign: A sign carved into stone, concrete or similar
material or made of bronze, aluminum, or other
permanent type of construction and made an
integral part of the structure.
23. Marquee: See canopy.
24. Maximum Height of Sign: The vertical distance from the base of the sign,
or the grade of the road centerline, whichever
is higher, to the top of the sign.
25. Message Sign: A sign which allows for the graphic and /or
verbal content to be changed, when desired,
through electronic or manual methods.
26. Monument Sign: A freestanding sign that is intended to be
incorporated into some form of landscaping
design scheme or planter box, is attached to
the ground by means of a freestanding support
structure, is solid from grade to the top of the
structure, has materials that are constructed of
the same primary building materials of the
principal structure, is placed directly on the
ground or on an interior planter base which is
incorporated into a design arrangement. A
monument sign shall be considered as one
sign though it may have two (2) faces.
27. Motion Sign: Any sign which revolves, rotates, has moving
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parts, or gives illusion of motion.
28. Multi -Faced Sign: Any sign with a sign face oriented to more than
two (2) directions.
29. Neon Sign: Any sign that utilizes a brightly colored gas
discharge lamp without filaments that is bent
into letters or designs.
30. Non - Commercial Speech: Dissemination of messages not classified as
Commercial Speech which include, but are not
limited to, messages concerning political,
religious, social, ideological, public service and
informational topics.
31. Off - Premises Sign: A commercial speech sign which directs the
attention of the public to a business, activity
conducted, or product sold or offered at a
location not on the same lot where such sign is
located. For purposes of this sign ordinance,
easements and other appurtenances shall be
considered to be outside such lot and any sign
• located or proposed to be located in an
easement or other appurtenance shall be
considered an off - premises sign.
32. On- Premises Messages: Identify or advertise an establishment, person,
activity, goods, products or services located on
the premises where the sign was installed.
33. Opaque: A degree of obscuration of light.
34. Parapet: A low protective wall which is located along the
edge of a roof on a building.
35. Pennants: Flexible material, whether or not containing a
message of any kind, suspended from a rope,
wire, or string, usually triangular shaped and in
a series, designated to move in the wind.
36. Portable Sign: Any sign which is manifestly designed to be
transported, including by trailer on its own
wheels, even though the wheels of such sign
may be removed and the remaining chassis or
• support is converted to another sign or
attached temporarily or permanently to the
ground since this characteristic is based on the
design of such a sign.
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37. Principal Building: A building or buildings in which is conducted
the principal use of the lot, not including
storage buildings, garages, and buildings for
other clearly accessory uses.
38. Principal Frontage: The wall of the principal building on a lot which
fronts toward the principal public streets.
39. Projecting Sign: A sign, other than a wall sign, which is affixed
to a building and which extends perpendicular
from the building wall.
40. Public Entrance: Any passage or opening which affords entry
and access to the general public or customer.
41. Public Entrance,
Common: A public entrance providing access for the
utilization and benefit of two (2) or more
tenants or building occupants.
42. Pylon Sign: A freestanding sign erected on one (1) or more
freestanding shafts, posts, or piers which are
solidly affixed to the ground and not attached
to a building. A pylon sign shall be considered
as one (1) sign though it may have two (2)
faces.
43. Ribbons or Streamers: Long or varied lengths of flexible material used
to decorate.
44. Roof Line: The top of the cornice or, when the building
has a itched roof , the intersection of the
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outside wall with the roof.
45. Roof Sign: Any sign which is erected, constructed or
attached wholly or in part upon any roof or over
the highest roof line of a building.
46. Rotating Sign: A sign which revolves or rotates on its axis by
mechanical means.
47. Service Entrance: Secondary passage or opening to a structure
which is intended for delivery and removal of
merchandise or goods, and which is not
intended as a public entrance.
48. Sign: Any letter, word or symbol, poster, picture,
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statuary, reading matter or representation in
nature of advertisement, announcement,
message or visual communication, whether
painted, posted printed, affixed or constructed,
including all associated brackets, braces,
supports, wires and structures, which is
displayed for informational or communicative
purposes.
49. Sign Area: The surface of the sign upon, against or
through which the message of the sign is
exhibited.
50. Sign Setback: The distance from the property line and curb to
the nearest part of the sign, measured
perpendicularly to the property line or curb.
51. Sign Structure: The supports, uprights, bracing and framework
for a sign.
52. Special Events: A temporary indoor or outdoor promotional or
sales event.
53. Street Frontage: The side of a lot abutting one (1) or more
streets. An interior lot has one (1) street
frontage and a corner lot has two (2) or more
frontages.
54. Temporary Indoor
Promotional
or Sales Event: A temporary promotional or sales event
directed towards the general public including
only grand openings, storewide sales, craft
shows, registration for day care, an
educational, recreational, civic or religious
activity, and community celebrations.
55. Temporary Outdoor
Promotional
or Sales Event: A temporary promotional or special event sale
directed towards the general public, including
only grand opening sales, storewide sales of
materials and products that are typically sold or
serviced on the premises, registration for day
care, an educational, recreational, civic or
religious activity, community celebrations,
warehouse sales, tent sales, sidewalk sales,
craft shows, flea markets, inventory reduction
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r
• and liquidation sales, and mechanical or
animal rides.
56. Total Allowable
Sign Area: The maximum allowable gross surface area in
square feet of a sign or signs. The maximum
number of signs cannot be arranged and
integrated so as to create a surface area in
excess of this requirement.
57. Traffic Sign: A sign which is erected by a governmental unit
for the purpose of directing or guiding traffic.
58. UL Approved: A device which has been approved by the
"Underwriters' Laboratories ".
59. Wall Sign: A sign affixed to the exterior wall of a building
and which is parallel to the building wall. A
wall sign does not project more than twelve
(12) inches from the surface to which it is
attached, nor extend beyond the top of the
parapet wall. Banners do not qualify as a wall
sign.
60. Wall Graphics: A sign painted directly on an exterior wall.
61. Window Sign: A temporary sign affixed to the outside or
inside of a window or inside the building within
three (3) feet of a window in view of the
general public.
SECTION 2. Section 401.15.G of the Zoning Ordinance (Signs) is hereby rescinded
and replaced by the following language:
401.15.G.1. FINDINGS, PURPOSE AND EFFECT:
a. Findings: The City finds:
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.
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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 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.
C. Effect: A sign may be erected, mounted, displayed or maintained in the
City if it is in conformance with the provisions of this ordinance. The effect
of this 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 zones when in compliance with the requirements of
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
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welfare.
4) Provide for the administration and enforcement of the provisions of
this sign ordinance.
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. DEFINITIONS.
Sign Related:
1. Air Inflatable Devices: A balloon that exceeds two (2) feet in diameter.
2. Alteration: Any change to a sign excluding routine
maintenance, repair, painting or change of
copy of any existing sign.
3. Animated Sign: Any sign that uses movement or change of
lighting to depict action or create a specific
effect or scene, including devices with or
without a commercial message, such as
spinners and windsocks, but not including
barber poles and time and temperature signs.
4. Artificial Light: Illumination resulting from internal or external
artificial light sources, including glare and
reflected light byproducts of artificial light
sources.
5. 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 support building.
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6. Balloon: A flexible, inflated bag in various shapes and
colors.
7. Banner: Attention getting devices which resemble flags
and are of a paper, cloth or plastic -like
consistency.
8. Bannerette: Flexible material that resembles a flag, and has
minimum dimensions of two (2) feet by two (2)
feet and no larger than three (3) feet by five (5)
feet. A smaller sized bannerette is defined as
a pennant.
9. Beacon: Any light with one (1) or more beams directed
into the atmosphere or directed at one (1) or
more points not on the same lot as the light
source; also, any light with one (1) or more
beams that rotate or move.
10. Bench Signs: A sign which is affixed to a bench such as at a
bus stop.
11. Building Facade: That portion of any exterior elevation of a
building extending from grade to the top of the
parapet wall or eaves and the entire width of
the building elevation.
12. Cabinet Sign: A sign that has framing around the entire sign
message with a removable face.
13. Canopy Sign: The area of copy, graphic, or identification
which is affixed to a projection or extension of
a building or structure, including a marquee,
erected in such a manner as to provide a
shelter or cover over the approach to any
entrance of a store, building, or place of
assembly.
14. Changeable Copy Sign: A sign or portion thereof with characters,
letters, or illustrations that can be changed or
rearranged without altering the face or the
surface of the sign. A sign on which the
message changes more than eight (8) times
per day shall be considered an animated sign
i and not a changeable copy sign for purposes
of this Ordinance.
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15. Commercial Speech: Speech advertising a business, profession,
commodity, service or entertainment.
16. Copy: The wording on a sign surface either
permanent or removable letter form.
17. Flag: A piece of cloth or bunting varying in color and
design, used as a symbol, standard, emblem,
or insignia.
18. 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.
19. Freestanding Sign: A self- supported sign not affixed to another
structure.
20. Ground /Low Profile Sign: A sign that is intended to be incorporated into
some form of landscaping design scheme or
planter box, is not elevated from the ground by
means of a pole or free - standing support
structure, but is placed directly on the ground
• or on an interior planter base which is
incorporated into such a design arrangement.
21. Illuminated Sign: A sign illuminated by an artificial light source
either directed upon it or illuminated from an
interior source.
22. Integral Sign: A sign carved into stone, concrete or similar
material or made of bronze, aluminum, or other
permanent type of construction and made an
integral part of the structure.
23. Marquee: See canopy.
24. Maximum Height of Sign: The vertical distance from the base of the sign,
or the grade of the road centerline, whichever
is higher, to the top of the sign.
25. Message Sign: A sign which allows for the graphic and /or
verbal content to be changed, when desired,
through electronic or manual methods.
26. Monument Sign: A freestanding sign that is intended to be
incorporated into some form of landscaping
design scheme or planter box, is attached to
the ground by means of a freestanding support
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structure, is solid from grade to the top of the
structure, has materials that are constructed of
the same primary building materials of the
principal structure, is placed directly on the
ground or on an interior planter base which is
incorporated into a design arrangement. A
monument sign shall be considered as one
sign though it may have two (2) faces.
27. Motion Sign: Any sign which revolves, rotates, has moving
parts, or gives illusion of motion.
28. Multi -Faced Sign: Any sign with a sign face oriented to more than
two (2) directions.
29. Neon Sign: Any sign that utilizes a brightly colored gas
discharge lamp without filaments that is bent
into letters or designs.
30. Non - Commercial Speech: Dissemination of messages not classified as
Commercial Speech which include, but are not
limited to, messages concerning political,
religious, social, ideological, public service and
informational topics.
31. Off - Premises Sign: A commercial speech sign which directs the
attention of the public to a business, activity
conducted, or product sold or offered at a
location not on the same lot where such sign is
located. For purposes of this sign ordinance,
easements and other appurtenances shall be
considered to be outside such lot and any sign
located or proposed to be located in an
easement or other appurtenance shall be
considered an off - premises sign.
32. On- Premises Messages: Identify or advertise an establishment, person,
activity, goods, products or services located on
the premises where the sign was installed.
33. Opaque: A degree of obscuration of light.
34. Parapet: A low protective wall which is located along the
edge of a roof on a building.
i 35. Pennants: Flexible material, whether or not containing a
message of any kind, suspended from a rope,
wire, or string, usually triangular shaped and in
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• a series, designated to move in the wind.
36. Portable Sign: Any sign which is manifestly designed to be
transported, including by trailer on its own
wheels, even though the wheels of such sign
may be removed and the remaining chassis or
support is converted to another sign or
attached temporarily or permanently to the
ground since this characteristic is based on the
design of such a sign.
37. Principal Building: A building or buildings in which is conducted
the principal use of the lot, not including
storage buildings, garages, and buildings for
other clearly accessory uses.
38. Principal Frontage: The wall of the principal building on a lot which
fronts toward the principal public streets.
39. Projecting Sign: A sign, other than a wall sign, which is affixed
to a building and which extends perpendicular
from the building wall.
40. Public Entrance: Any passage or opening which affords entry
and access to the general public or customer.
41. Public Entrance,
Common: A public entrance providing access for the
utilization and benefit of two (2) or more
tenants or building occupants.
42. Pylon Sign: A freestanding sign erected on one (1) or more
freestanding shafts, posts, or piers which are
solidly affixed to the ground and not attached
to a building. A pylon sign shall be considered
as one (1) sign though it may have two (2)
faces.
43. Ribbons or Streamers: Long or varied lengths of flexible material used
to decorate.
44. Roof Line: The top of the cornice or, when the building
has a pitched roof, the intersection of the
outside wall with the roof.
45. Roof Sign: Any sign which is erected, constructed or
attached wholly or in part upon any roof or over
the highest roof line of a building.
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• 46. Rotating Sign: A sign which revolves or rotates on its axis by
mechanical means.
47. Service Entrance: Secondary passage or opening to a structure
which is intended for delivery and removal of
merchandise or goods, and which is not
intended as a public entrance.
48. Sign: Any letter, word or symbol, poster, picture,
statuary, reading matter or representation in
nature of advertisement, announcement,
message or visual communication, whether
painted, posted printed, affixed or constructed,
including all associated brackets, braces,
supports, wires and structures, which is
displayed for informational or communicative
purposes.
49. Sign Area: The surface of the sign upon, against or
through which the message of the sign is
exhibited.
50. Sign Setback: The distance from the property line and curb to
the nearest part of the sign, measured
perpendicularly to the property line or curb.
51. Sign Structure: The supports, uprights, bracing and framework
for a sign.
52. Special Events: A temporary indoor or outdoor promotional or
sales event.
53. Street Frontage: The side of a lot abutting one (1) or more
streets. An interior lot has one (1) street
frontage and a corner lot has two (2) or more
frontages.
54. Temporary Indoor
Promotional
or Sales Event: A temporary promotional or sales event
directed towards the general public including
only grand openings, storewide sales, craft
shows, registration for day care, an
• educational, recreational, civic or religious
activity, and community celebrations.
55. Temporary Outdoor
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Promotional
or Sales Event: A temporary promotional or special event sale
directed towards the general public, including
only grand opening sales, storewide sales of
materials and products that are typically sold or
serviced on the premises, registration for day
care, an educational, recreational, civic or
religious activity, community celebrations,
warehouse sales, tent sales, sidewalk sales,
craft shows, flea markets, inventory reduction
and liquidation sales, and mechanical or
animal rides.
56. Total Allowable
Sign Area: The maximum allowable gross surface area in
square feet of a sign or signs. The maximum
number of signs cannot be arranged and
integrated so as to create a surface area in
excess of this requirement.
57. Traffic Sign: A sign which is erected by a governmental unit
for the purpose of directing or guiding traffic.
i 58. UL Approved: A device which has been approved by the
"Underwriters' Laboratories ".
59. Wall Sign: A sign affixed to the exterior wall of a building
and which is parallel to the building wall. A
wall sign does not project more than twelve
(12) inches from the surface to which it is
attached, nor extend beyond the top of the
parapet wall. Banners do not qualify as a wall
sign.
60. Wall Graphics: A sign painted directly on an exterior wall.
61. Window Sign: A temporary sign affixed to the outside or
inside of a window or inside the building within
three (3) feet of a window in view of the
general public.
401.15.G.5. 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 ",
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• "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 Message. Signs and sign structures shall be properly maintained
and kept in a safe condition. Sign or sign structures which are rotted,
unsafe, deteriorated or defaced, as determined by the City Building Official
shall be removed, repainted, repaired, or replaced by the permit holder,
owner or agent of the property upon which the sign stands.
h. Electrical Building Code. All signs shall be constructed in accordance
with the Minnesota State Building Code and the National Electrical Code.
The 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. All electrical service wiring shall be buried.
i. Hours of Operation. Signs in the R -B, B -1, B -2, B -3, B -4, B -W, and I
Districts may only be illuminated during business hours, or until eleven
. o'clock (11:00) PM, whichever is later.
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• 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.
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.
I. Neon. Neon signs shall be limited to channel letter signs, logos, and
permanent window signage in the R -B, B -1, B -2, B -3, B -4, B -W and
Districts.
M. Setbacks. No part of a sign or sign structure shall be placed closer to the
property line than five (5) feet.
n. Flags. No more than three (3) flags may be displayed outside of a
building. This number may, however, be increased provided an interim
use permit is issued in compliance with Section 401.05 of this Ordinance
and the following standards are met:
1) Where multiple flagpoles are used, there shall be a maximum
• spacing of twenty (20) feet allowed between the poles.
2) 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.
P. Property Lines. 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.
401.15.G.6. 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. 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
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election, in accordance with Minnesota State Statutes Section 211 B.045,
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) Two (2) signs not exceeding twelve (12) square feet shall be
allowed per lot.
2) Upon approval of a final plat for a subdivision having not less than
five (5) lots 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) The sign shall not be displayed for a period to exceed twenty
four (24) months from the date a permit is issued for the sign
or until building permits have been issued for eighty -five (85)
percent of the lots or dwelling units within the subdivision,
whichever is less restrictive.
3) A sign shall be allowed for a subdivision having not less than three
(3) lots or principal buildings at its entrance from a major collector
or arterial street provided that:
a Not more than one ( 1 ) sig n shall be allowed at each
entrance from a major collector or arterial street.
18
I � �
• b) The area of each sign shall not exceed fifty (50) square feet.
C) Freestanding signs shall be limited to a maximum height of
fifteen (15) feet.
d) The sign(s) shall be located to accommodate said sign and
related landscaping to meet all setback requirements. If the
sign(s) are to be located on outlots, the outlots shall be
designated on the preliminary plat and detailed plans for the
area identification signs shall be submitted with the final plat.
e) The 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 review and approval of
the Zoning Administrator.
f) The design and construction of the sign 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. The 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 the review and approval of the Zoning
Administrator.
4) Additional signs shall be allowed upon approval of a final plat for a
subdivision having not less than three (3) lots or approval of site
and building plans for one (1) lot by the Zoning Administrator
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 sixty four (64) square
feet.
C) Freestanding signs shall be limited to a maximum height of
eight (8) feet.
d) The sign shall not be displayed for a period to exceed twelve
months (12) months from the date a permit is issued for the
sign or until occupancy permits have been issued for eighty -
19
five (85) percent of the tenant spaces within the
development, whichever is less restrictive.
401.15.G.7. PROHIBITED SIGNS IN ANY ZONING DISTRICT. The following signs
are prohibited in all zoning districts:
a. Any sign which obstructs or impairs the vision of drivers or pedestrians or
detracts from the visibility of any official traffic control device.
b. Any sign which contains or imitates an official traffic sign or signal.
C. Off - premises signs.
d. Business signs on or attached to equipment, such as semi -truck trailers,
being used in such a manner that advertising is a principal use of the
equipment.
e. Animated signs.
f. Projecting signs.
g. Roof signs.
h. Signs displayed on vehicles within open sales lots.
i. Any sign or display which contains or consists of banners, bannerettes,
pennants, ribbons, streamers, strings of light bulbs, balloons and hot or
cold air inflatable devices, spinners or similar outdoor advertising devices,
except as may be approved by a special event permit in accordance with
the provisions as set forth in Section 401.15.G.8 of this Ordinance.
j. Portable signs.
k. Wall graphics.
I. Beacons.
M. Multi -faced signs.
n. Signs supported by guy wires.
o. Cabinet signs on buildings, except for logo signs.
P. Signs and /or posts which are tacked onto trees, fences, utility poles or
other such permanent supports, except safety signs and signs found on
it fences of athletic facilities
q. All signs over four hundred (400) square feet in area.
20
s
401.15.G.8. SPECIAL EVENTS.
a. Sign Permit Required. No special event shall be held without first
obtaining a sign permit.
b. 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 ten (10) 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.
C. Permitted Signs and Displays. The signs and displays described below
are permitted for special events in addition to the maximum allowable sign
area, provided they are professionally done and the following standards
are met and complied with:
1) Small Balloons.
• a) The size of small balloons or a group of connected balloons
shall not exceed two (2) feet as the largest dimension,
except that balloon arches not exceeding eight (8) feet in
height shall be allowed.
b) Small balloons may be multi colored and incorporate logos
and messages.
C) Helium balloons shall be refilled daily.
2) Tents.
a) Tents, including all ties, ropes, stakes, etc., shall be located
entirely upon the permittee's property and shall comply with
the City's setback requirements for accessory buildings.
3) Bannerettes.
a) Bannerettes may be used on light standards or flag poles.
b) No more than one (1) bannerette shall be allowed per
standard or pole.
•
21
• c) Bannerettes shall be smaller than any United States flag on
the property, and shall not be flown at a height greater than
any United States flag allowed on the property.
4) Banners.
a) Banners may be attached to poles, tents, and buildings,
provided that are well secured and are prevented from being
blown around uncontrollably by the wind.
b) No more than two (2) banners shall be allowed.
c) Banners shall not be larger than one hundred (100) square
feet nor higher than the wall of the principal building on the
lot.
5) Search lights.
a) Search lights as regulated in Section 401.15.B.7.g.1) of this
Ordinance.
d. Prohibited Signs and Displays for Special Events. The signs or
• displays described below are prohibited for special events:
1) Animated signs, light bulb strings, pennants, portable signs,
ribbons, and streamers.
2) Displays or special features on any landscaped areas or on roofs.
3) Aerial rides.
4) Large balloons or collections of small balloons exceeding two (2)
feet in diameter, except for balloon arches not exceeding eight (8)
feet in height.
5) Additional lighting that does not meet this Ordinance.
6) Any sign or display in the public right -of -way.
7) Air inflatable devices.
e. 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
22
• the City issues the sign permit, may a business display the special event
signs and decorations.
f. Violations.
1) It is a violation for any person, company, or organization to provide,
erect or display any beacons, balloons or other advertising device
which is not in conformity with the provisions of this Section.
2) Special event signs and decorations not removed by the last day of
the special event.
401.15.G.9. DISTRICT REGULATIONS.
a. R -1, R -1A, R -1B, RAC, Single Family Residential and R -2, Low to
Medium Density Residential Districts. Except as otherwise provided in
this Ordinance, signs in these districts shall be limited to:
1) One (1) 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) Any multiple dwelling structure with three (3) or more units shall be
allowed one (1) monument sign, not to exceed six (6) feet in height
or one (1) wall sign, the aggregate square footage of sign space
shall not exceed thirty -two (32) square feet.
3) Other non - residential uses permitted or conditionally permitted in
the R -1, R -1A, R-113, R -1 C, and R -2 Districts shall be allowed one
monument sign, not to exceed eight (8) feet in height and one (1)
wall sign, the aggregate square footage of sign space shall not
exceed forty (40) square feet. The signs shall not be illuminated
except by conditional use permit as provided for in Section 401.03
of this Ordinance.
4) One (1) freestanding sign, not to exceed six (6) feet in height or one
(1) wall sign, the aggregate square footage of sign space shall not
exceed four (4) square feet shall be allowed for home occupations
as provided for in Section 401.15.M of this Ordinance, and day care
nursery facilities as provided for in Section 401.15.N of this
Ordinance. The sign shall not be illuminated except by conditional
use permit as provided for in Section 401.03 of this Ordinance.
5) One (1) freestanding sign, not to exceed six (6) feet in height or one
(1) wall sign, the aggregate square footage of sign space shall not
exceed six (6) square feet shall be allowed for bed and breakfast
23
facilities as provided for in Section 401.22.E.3 of this Ordinance.
The sign shall not be illuminated except by conditional use permit
as provided for in Section 401.03 of this Ordinance.
6) Exceptions in numbers of height or size of signs may be allowed for
the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
b. O, Open Space Conservation and R -3, Multiple Family Residential
Districts. Except as otherwise provided in this Ordinance, signs in these
districts shall be limited to:
1) One (1) sign for each unit in a single and two family 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) Any multiple family structure with three (3) or more units shall be
allowed a total of four (4) signs for any one (1) project to include the
following:
a) One (1) monument sign per entrance to the project not to
exceed twenty -four (24) square feet or eight (8) feet in
height.
b) Wall signs not more than twenty -four (24) square feet nor
higher than the top on the parapet wall or eave.
3) Other non - residential uses permitted or conditionally permitted in
the O, Open Space Conservation or R -3, Multiple Family
Residential Districts shall be allowed one monument sign, not to
exceed eight (8) feet in height and one (1) wall sign, the aggregate
square footage of sign space shall not exceed forty (40) square
feet.
4) Parks or public facilities shall be allowed one (1) monument sign
per street entrance, not to exceed eight (8) feet in height and one
(1) wall sign. The aggregate square footage of sign space shall not
exceed sixty (60) square feet.
5) Exceptions in numbers of, height, or size of signs may be allowed
for the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
C. P /I, Public Institutional; R -B, Residential Business; and B -1,
Neighborhood Business Districts. Except as otherwise provided in this
24
Ordinance, signs in these districts shall be limited to three (3) signs per
principal use upon the subject property, subject to the following conditions:
1) One (1) freestanding monument sign per entrance not more than
forty (40) square feet or more than eight (8) feet in height;
2) Wall signs not more than forty (40) square feet nor higher than the
top of the parapet wall or eave.
3) Parks or public facilities shall be allowed one (1) monument sign
per street entrance, not to exceed eight (8) feet in height, and one
(1) wall sign. The aggregate square footage of sign space shall not
exceed sixty (60) square feet.
4) Exceptions in numbers of, height, or size of signs may be allowed
for the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
d. B -2, General Business; B -3, Highway Business and Warehousing; B-
4, Limited Business District; and I, Industrial Districts. Excepts as
otherwise provided in this Ordinance, single occupancy business signs in
these districts shall be limited to:
1) Maximum Allowable Sign Area.
Column A Column B Column C
Allowable Percentage Total
Siqn Area' Allowable 2) Allowable 3)
B -2 and B -3 Districts 100 SF or 15 % up to 300 SF
B -W and I Districts 125 SF or 18% up to 400 SF
Footnotes:
') Allowable sign area regardless of building facade.
2) Maximum allowable sign area based on percentage area of front
building facade. When a building faces two (2) or more streets,
calculation of the maximum allowable sign area shall be based
upon the front building facade and the smallest building facade
facing a street frontage.
3) Total maximum allowable sign area per lot or business. Sign areas
exceeding the maximum shown on column c) but less than the area
allowed in column b) hereof, may be allowed by conditional use
permit or as part of an approved planned unit development.
• 2) Freestanding Signs.
25
a) A maximum of one (1) freestanding sign is allowed upon any
single lot. Sign area may not exceed one hundred (100)
square feet and a maximum height of twenty (20) feet. The
freestanding sign base shall be surrounded with a landscape
planter at least three (3) feet in height and constructed of
materials to match the principal building. The planter shall
contain decorative shrubbery and /or flower materials.
b) Two (2) additional freestanding signs may be allowed
provided they are in compliance with the following standards:
(1) The signs are constructed as a monument sign and
shall not exceed a height of eight (8) feet.
(2) Decorative shrubbery and /or flowers must be
incorporated as a part of the monument design and
are maintained on a regular basis.
(3) The gross area of the signs, when added together
with all other freestanding and wall sign areas, does
not exceed the maximum allowable sign area
established for the lot.
• (4) Monument signs may incorporate additional berming
on a slope of three to one (3:1) where the berming is
incorporated into an overall landscape design plan.
Landscaping shall be provided on the slopes of the
berm in an interesting and varied appearance. Where
a planter box is incorporated, the landscaping shall
occur in and around the planter with a similar
attractive design. In both cases, the height of the
sign, including the planter box shall not exceed eight
(8) feet.
(5) Signs allows pursuant to Section 401.15.G.6 of this
Ordinance.
C) The cumulative total sign area, when added to the gross sign
area of all wall signs on the site, except for wall and
freestanding signs that do not count toward the maximum
allowable sign area pursuant to Section 401.15.G.6 of this
Ordinance, shall not exceed the maximum allowable sign
area under Section 401.15.G.9.d.1) of this Ordinance.
3) Wall Signs.
a) The maximum number of wall signs on any principal building
shall be two (2), and in all cases, each sign shall be placed
26
• on a separate building facade, with or without street frontage
except as allowed for multiple occupancy buildings in
Section 401.15.G.10.d of this Ordinance.
b) The maximum number of wall signs allowed may be
increased over two (2) by conditional use permit for single
occupancy buildings provided the following minimum
standards are met:
(1) There shall be no freestanding sign exceeding eight
(8) feet in height upon the lot.
(3) The wall signs shall be identical in style, color and
size.
c) The cumulative total sign area, when added to the gross sign
area of all freestanding signs on the site, except for wall and
freestanding signs that do not count toward the maximum
allowable sign area pursuant to Section 401.15.G.6 of this
Ordinance, shall not exceed the maximum allowable sign
area under Section 401.15.G.9.d.1) of this Ordinance.
• d) Signs may also be placed on the side of a building not facing
a street. No building site may have signage in excess of the
signage allowed for that side of the building based upon the
maximum allowable sign area of the building facade.
e. Sign Tables. Sign tables that summarize the district sign allowances are
found on the following page.
s
27
• I SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET*
Zoning Identifi- Freestanding Wall Temp Perm
District cation Window Window
All Res. Non- All Res. Non -
Uses Res. Uses Res.
O 24 40' - 24 40' 250/6
R -1/R -2 -- - 32 40' - 32 40' 25 %
R -3 -- -- 24 40' -- 24 40' 25 %
R -B 4 40 -- -- 40 -- -- 10 % 25p
B -1 4 40 40 -- - 10 % 25 %
B -2 4 1003 __3 -- - 10 % 25 %
B -3 4 100 -- - __3 - 10 % 25 %
B -4 4 100 - __3 10 % 25 %
BW 4 100 — 10 % 25 %
1 4 100 - - 10 % 25 %
P -1 -- 40 40 -- 25 %
1 Aggregate square footage of both freestanding and wall signs not to exceed 40 square feet.
2 Aggregate square footage of both freestanding and walls signs not to exceed 32 square feet.
3 Allowable sign area is 100 square feet or 15% of front building facade up to 300 square feet.
4 Allowable sign area is 50 square feet or 10% of front building facade up to 200 square feet.
5 Allowable sign area is 125 square feet or 18% of front building facade up to 400 square feet.
6 Percentage based upon total window area.
7 Percentage based upon front building facade.
SIGN TYPE AND MAXIMUM HEIGHT IN FEET*
Zoning Freestanding Freestanding Wall Address
District Monument
O 8 8 Top of parapet wall or eave 3.5 in.
R -1/R -2 8 6 Top of parapet wall or eave 3.5 in.
R -3 8 8 Top of parapet wall or eave 3.5 in.
R -B 8 8 Top of parapet wall or eave 3.5 in.
B -1 8 8 Top of parapet wall or eave 3.5 in.
B -2 8 20 Top of parapet wall or eave 3.5 in.
B -3 8 20 Top of parapet wall or eave 3.5 in.
B -4 8 20 Top of parapet wall or eave 3.5 in.
BW 8 20 Top of parapet wall or eave 3.5 in.
1 8 20 Top of parapet wall or eave 3.5 in.
P -1 8 8 Top of parapet wall or eave 3.5 in.
• ' Not a complete listing. Please refer to Section 401.15.G.9, District Regulations and Section
401.15.G.10, Special District Provisions for specific standards.
28
• 401.15.G.10. SPECIAL DISTRICT PROVISIONS.
a. Motor Fuel Station.
1) Signs for motor fuel stations shall be regulated by the single
occupancy business structure sign provisions for the zoning district
in which the station is located.
2) Pump island signs shall not exceed two (2) square feet per pump.
3) Portable signs shall not be allowed.
4) The area of all displays and /or signs shall be counted against the
total sign area allowed for the site, which includes both freestanding
and wall sign allowances.
b. Destination Retail Highway Sign District. Signs and sign allowances,
in addition to the sign allowances for single and multiple occupancy signs
of this Ordinance, shall be allowed within the Destination Retail Highway
Sign District as identified on maps on file at City Hall.
1) Freestanding Signs.
. a) One (1) freestanding sign for business developments as part
of an approved planned unit development not exceeding two
hundred (200) square feet with a maximum height of forty
(40) feet. The sign faces shall be oriented toward Highway
36 and Highway 5 and away from residential developments.
The freestanding sign base shall be surrounded with a
landscape planter at least three (3) feet in height and
constructed of materials to match the principal building. The
planter shall contain decorative shrubbery and /or flower
materials that are maintained on a regular basis.
b) For single occupancy lots and business developments as
part of an approved planned unit development, the
allowances for freestanding signs found in Section
401.15.G.9 of this Ordinance shall be increased to allow one
(1) sign not exceeding one hundred fifty (150) square feet
and a maximum height of thirty (30) feet. The freestanding
sign base shall be surrounded with a landscape planter at
least three (3) feet in height and constructed of materials to
match the principal building. The planter shall contain
decorative shrubbery and /or flower materials that are
maintained on a regular basis.
• 2) Wall Signs. For single occupancy lots and business developments
as part of an approved planned unit development, maximum
29
• allowable sign area allowances found in Section 401.15.G.9 of this
Ordinance shall be increased to eighteen (18) percent for allowable
sign area based upon percentage and five hundred (500) square
feet of maximum allowable sign area per lot.
C. Single Occupancy Retail Stores Exceeding One Hundred Thousand
(100,000) Square Feet. The following maximum specifications shall apply
for single occupancy commercial structures of one hundred thousand
(100,000) square feet of floor area or more:
1) Freestanding Signs. The freestanding sign allowances found in
Section 401.15.G.9 of this Ordinance shall be increased to allow
one (1) freestanding sign not to exceed two hundred (200) square
feet and a maximum height of thirty (30) feet.
2) Wall Signs. Maximum allowable sign area allowances found in
Section 401.15.G.9 of this Ordinance shall be increased to eighteen
(18) percent for allowable sign area based upon percentage and
five hundred (500) square feet of maximum allowable sign area per
lot.
d. Multiple Occupancy Business Buildings, Industrial Buildings, and
. Lots.
1) When a single principal building is devoted to two (2) or more
businesses or industrial uses, or a lot will contain more than one (1)
single occupancy building as part of an approved planned unit
development, a comprehensive sign plan shall be required subject
to review as to whether the plan is consistent with the sign
regulations. The plan and sign allowances shall be subject to the
following:
a) A comprehensive sign plan is submitted which includes all of
the following information:
(1) A site plan to scale showing the location of lot lines,
building structures, parking areas, existing and
proposed signs, and any other physical features of
the area included within the comprehensive sign plan.
(2) Elevations to scale of building or buildings included
within the comprehensive sign plan including the
location of existing or proposed wall signs.
(3) To scale plans for all existing and proposed signs of
. an type included within the comprehensive sign plan
indicating area, dimensions, height, materials, colors,
and means of illumination (if any).
30
• 2) The maximum individual sign sizes for multiple occupancy buildings
and individual businesses that may display a sign shall not exceed
the maximum provisions for single occupancy structures of the
applicable zoning district.
3) Mixed use multiple occupancy buildings and developments with
multiple single occupancy buildings may display a freestanding sign
in addition to and consistent with the applicable zoning district
provisions of Section 401.15.G.9 of this Ordinance. The
freestanding sign may may not exceed one hundred (100) square
feet and a maximum height of twenty (20) feet. The freestanding
sign base shall be surrounded with a landscape planter at least
three (3) feet in height and constructed of materials to match the
principal building. The planter shall contain decorative shrubbery
and /or flower materials.
4) Except as provided for in Section 401.15.G.10 of this Ordinance,
individual tenants of a multiple occupancy building shall not display
separate wall signs unless the tenants business has an exclusive
exterior entrance. The number of individual wall signs shall be
limited to one (1) per entrance, and each sign shall be limited to the
• maximum wall sign allowances permitted in the district. Tenants on
building ends may have a maximum of two (2) signs each to be
located at the front and side elevations of the tenant space. The
individual signs shall be located only on exterior walls which they
are directly related to the use being identified.
5) In any multiple occupancy building qualifying as a shopping center,
signs shall be permitted for each common public entrance. Each
sign area shall not exceed a total of fifty (50) square feet and shall
be located within fifty (50) feet of the common public entrance being
served. Attention shall be given to the possible number of tenants
or occupant bays which may be served by the common public
entrance for which the sign is intended.
6) No permit shall be issued for a new or replacement sign for an
individual use except upon a determination by the Zoning
Administrator that it is consistent with the approved comprehensive
sign plan.
401.15.G.11. NON - CONFORMING SIGNS.
a. General Provisions Governing Non - Conforming Signs.
31
1) Continuation of Use. A non - conforming sign lawfully existing upon
the effective date of this Ordinance may be continued at the size
and in the manner existing upon such date.
2) If any property use or business changes ownership, all signs on
that property, including any sign identifying a business no longer in
existence, shall be brought into conformance with Section
401.15.G.15.c) within thirty (30) days.
3) Prohibitions. A non - conforming sign may not be:
a) Structurally altered except to bring it into compliance with the
provisions of this Ordinance.
b) Enlarged.
C) Re- established after its removal or discontinuance.
d) Repaired or otherwise restored, unless the damage is less
than fifty (50) percent of sign structure.
e) Replaced.
• 4) Non - Conforming Sign Maintenance and Repair. Nothing in this
Ordinance shall be construed as relieving the owner of use of a
legal non - conforming sign or owner of the property on which the
legal non - conforming sign is located from the provisions of this
Ordinance regarding safety, maintenance, and repair of signs,
provided, however, that any repainting, cleaning, and other normal
maintenance or repair of the sign or sign structure shall not modify
the sign structure or copy in any way which makes it more non-
conforming or the sign shall lose its legal non - conforming status.
b. Non - Conforming Uses. When the principal use of land is legally non-
conforming under the Zoning Ordinance, all existing or proposed signs in
conjunction with that land shall be considered conforming if they are in
compliance with the sign provisions for the most restrictive zoning district
in which the principal use is allowed.
401.15.G.12. MAINTENANCE. All signs, together with all of their supports, braces,
guys and anchors, shall be kept in repair and in proper state of preservation.
The display surfaces of all signs shall be kept neatly painted or posted at all
times. Every sign and the immediate surrounding premises shall be maintained
by the owner or person in charge thereof in a clean, sanitary, and inoffensive
. condition and free and clear of all obnoxious substances, rubbish and weeds.
Notice shall be given to the Zoning Administrator of any change in sign user, sign
owner, or owner of the property on which the sign is located.
32
•
401.15.G.13. INSPECTION. All signs for which a sign permit is required shall be
subject to inspection by the City Building Official. The Building Official may order
the removal of any sign that is not maintained in accordance with the
maintenance provisions of this Ordinance.
401.15.G.14. SIGN PERMIT AND APPLICATION.
a. Sign Permit Required. Except as provided in this Section, no sign or
structure shall be erected, constructed, altered, rebuilt, or relocated until a
sign permit has first been issued by the City. The fees which shall be
charged for sign permits under this Section shall be in accordance with the
fee schedule as determined by resolution of the City Council.
b. Sign Application. The following information for a sign permit shall be
supplied by an applicant as requested by the Zoning Administrator or
designee:
1) Name, address, and telephone number of person making the
application.
• 2) Name, address, and telephone number of person owning the sign.
3) A site plan to scale showing the location of lot lines, building
structures, parking areas, existing and proposed signs and any
other physical features.
4) The location, diagrams, and dimensions of the building, building
elevations, structure, and lot to which, or upon which, the sign is to
be attached or erected. Building elevations shall include an artist's
rendition or color computer graphic simulation if required by the
Zoning Administrator.
5) A site plan showing the positioning and height of the sign(s) or
other advertising structures in relation to all nearby existing or
proposed buildings, structures, and property lines, lighting details,
colors, materials, a table of the proposed gross sign area for each
sign and the total proposed sign area.
6) Photographs of the building face and the building faces of any
adjacent buildings.
7) Plans, location and specifications and method of construction and
attachment to the buildings or placement method in the ground.
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8) Copy of stress sheets and calculations showing that the structure is
designed for dead load and wind pressure in any direction in the
amount required by this and all other laws and ordinances of the
City.
9) Written consent of the owner or lessee of any site on which the sign
is to be erected.
10) Any electrical permit required and issued for the sign.
11) The name of the person, firm, corporation, or association erecting
the structure.
12) Such other information as the Zoning Administrator or designee
requires, showing full compliance with this and all other laws and
ordinances of the City.
13) If the work authorized under a sign permit has not been completed
within twelve (12) months after the date of its issuance, said permit
shall become null and void.
401.15.G.15. REMOVAL OF UNSAFE AND ILLEGAL SIGNS. If the Zoning
Administrator or designee finds that any sign or sign structure is unsafe or in
violation of the provisions of this Ordinance, written notice shall be given to the
owner and /or party responsible for the sign to comply with the standards required
by this Section in a prescribed time frame and manner. The removal of the signs
shall be done in the following manner:
a) Permanent Illegal Signs. The Zoning Administrator, or his /her designee,
shall order the removal of any permanent sign erected or maintained in
violation of this Ordinance. Those signs deemed unsafe by the Zoning
Administrator or designee shall be ordered removed immediately. Thirty
(30) days notice in writing shall be given to the owner of all other signs
or of the building, structure, or premises on which such sign is located, to
either comply with this Ordinance or remove the sign. The owner of the
sign, building, structure, or premises shall also, upon removal of any sign,
be fully responsible for repairing, replacing, and returning the ground,
building wall, or other mounting surface to its original condition or to a
proper condition consistent with the present appearance of the area,
building wall, or surface.
b) Temporary Illegal Signs. The City may impound signs which have been
illegally installed upon public property or within public right -of -way or
easement. The sign owner may retrieve the signs according to the
following:
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1) Fee Payment. For impounded signs, there shall be an
impoundment and storage fee, as may be approved from time to
time by Council resolution.
2) Retrieval of Sign. The sign shall be retrieved from a designated
impound area during routine business hours and within fifteen (15)
days from the date of impounding. After fifteen (15) days, the City
will dispose of the sign.
3) Liability. The City shall not be held liable for any damage to
impounded signs.
c) Out of Business Signs. Signs not used for signing when a business
permanently closes or leaves the tenant space shall be removed or
altered within thirty (30) days from the close of business. Wall or
freestanding signs and sign structures that are in compliance with the
provisions of this Ordinance but are not in use shall be addressed in the
following manner:
1) Wall signs. The sign shall be removed.
2) Wall signs (cabinet). A blank face shall be inserted in the cabinet.
• 3) Freestanding Signs. The sign area shall be totally covered.
4) Non - Conforming Signs /Sign Structures. All non - conforming signs
and sign structures shall be removed in compliance with Section
401.15.G.11 of this Ordinance.
d) Administrative Enforcement. Enforcement procedures for violations of
this Chapter shall be conducted as outlined in Section 101.05 of the City
Code.
401.15.G.16. VARIANCES. In order to provide additional flexibility in the enforcement
of this Ordinance and to alleviate hardship and injustice, the City Council may,
upon application, grant a variation from the terms of this Ordinance. Upon
application, therefore, from the person seeking a permit for the erection or
installation of a sign, the request for variance shall be processed in accordance
with Section 401.04 of this Ordinance, as may be amended.
a. Criteria. Additionally, the City Council shall make a finding of fact that an
undue hardship or injustice exists if a variance was not granted and
therefore, may grant such variations based upon consideration of the
following:
1) That particular physical surrounding, shape, or topographical
conditions of the specific parcel of land involved exist.
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2) That the condition involved is unique to the particular parcel of land
involved.
3) That the purpose of the variation is not based exclusively upon a
desire to increase the value of income potential of the business
involved.
4) That the alleged difficulty or hardship is caused by this Ordinance
and has not been created by any persons presently having an
interest in the parcel.
5) That the granting of the variation will not be detrimental to the
public welfare or injurious to other land or improvements in the
neighborhood.
6) That the proposed variation will not impair an adequate supply of
light and air to adjacent property, or substantially increase the
congestion of the public streets or interfere with the function of the
Police and Fire Departments of the City.
b. Fees. Fees for the review and processing of sign permit variance
requests shall be changed in accordance with the provisions of Section
• 401.08 of this Ordinance.
SECTION 3. This Ordinance shall be effective immediately upon its passage and
publication.
PASSED this 22n day of August 2006 by the City Council of the City of Oak Park
Heights, Minnesota.
CITY QF PARK HEIGHT'
javi ayor
TT T:
Eric A. Jo son, City Administrator
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