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HomeMy WebLinkAbout09-05-2002 Planning Commission Worksession Packet ij -n CITY OF OAK PARK HEIGHTS PLANNING COMMISSION WORKSESSION AGENDA Thursday, September 5, 2002 - 7:00 PM 7:00 I. 401 Ordinance Amendment: Sign Ordinance Revisions (1) (2) Upcoming Meetings: September 12, 2002 - Regular Meeting - 7:00 PM October 10, 2002 - Regular Meeting - 7:00 PM Council Representative: September - Commissioner Dwyer October - Commissioner Liljegren i 0 " NORTHWEST ASSOCIATED CONSULTANTS, INC. • 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Kimberly Kamper FROM: Scott Richards DATE: August 29, 2002 RE: Oak Park Heights — Sign Ordinance Revision FILE NO: 798.10 • Please find a draft of the sign regulations that includes Section 9, District Regulations, and Section 10, Special District Provisions. With these sections in place, the sign ordinance is complete for your review. Also, please find a map indicating the two special sign districts that could provide additional sign allowances. The corresponding text in the ordinance is found in Section 10.b on page 25. The sign text and map will be covered in detail at the special Planning Commission meeting scheduled for September 5, 2002. PC: Kris Danielson • 401.15. GENERAL PROVISIONS • 401.15.G. Signs. 1. Purpose. The purpose of these regulations is to establish, protect and promote health, safety and general welfare and the order with the City through establishment of a comprehensive and impartial series of standards, regulations and procedures governing signs and communicative facilities serving as communication media to persons situated within or upon the public right -of -way. The regulations are intended to encourage an equitable opportunity of effective and orderly communication by reducing confusion and hazards resulting from unnecessary and /or indiscriminate use of communication facilities. 2. Objectives. a. To establish standards which permit businesses a reasonable and equitable opportunity to advertise. b. To preserve and promote civic beauty and prohibit signs which would detract from this objective because of size, shape, height, location, condition, cluttering or illumination. C. To insure that signs do not create safety hazards. • 9 Y d. To preserve and protect value of land and buildings, and to preserve and protect landscapes. 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. 4. Definitions. Sign Related: 1. Address Sign: A sign communicating only a street address. 2. Advertising Sign: Any permanent non - governmental sign advertising products, services, commodities, entertainment or other activity not offered at the location of the sign or not exclusively related to the premises on which the sign is located. 1 • 3. Alteration: Any change to a sign excluding routine maintenance, repair, • painting or change of copy of any existing sign. 4. 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. 5. Area Identification Sign: A freestanding sign identifying the name of a single family residential subdivision consisting of twenty (20) or more lots; a residential planned unit development; a multiple residential complex consisting of three (3) or more structures; an office or business structure or development containing three (3) or more independent operations; a single business consisting of three (3) or more separate structures; a manufactured home court; or any integrated combination of the above. The sign shall only identify an area, complex, or development and shall not, unless approved by the City Council, contain the name of individual owners or tenants. The sign may not contain advertising. 6. Artificial Light: Illumination resulting from internal or external artificial light sources, including glare and reflected light byproducts of artificial light sources. • 7. 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. 8. Balloon: A flexible, nonferrous inflated bag in various shapes and colors. 9. Banner: Attention getting devices which resemble flags and are of a paper, cloth or plastic -like consistency. 10. 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. 11. 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. 12. Bench Signs: A sign which is affixed to a bench such as at a bus stop. • 2 13. Billboard: An off -site sign used to advertise products, goods, or services not • exclusively related to the premise on which the sign is located. An advertising sign. 14. 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. 15. Business Sign: Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a professional or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. 16. Cabinet Sign: A sign that has framing around the entire sign message with a removable face. 17. Campaign Sign: A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election. 18. 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. 19. 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. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this Ordinance. 20. Commercial Message: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. 21. Construction Sign: A non - illuminated sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier, and other involved parties, or announcing the character of the building enterprise or the purpose for which the building is intended. • 3 22. Copy: The wording on a sign surface either permanent or removable letter form. 23. Directional Sign: A sign erected with the address and /or name only of a business, development project, institution, church or other use or activity plus directional arrows or information on location. 24. Directory Sign, Private: An exterior information wall sign, or a free - standing sign identifying the names of residences, businesses or professional offices served by a common public entrance such as an apartment complex, shopping center, or office building. 25. Directory Sign, Public: A sign, group of signs on a sign panel or any identifiable object intended to communicate a public message or direction when located on public property as may be approved by the Oak Park Heights City Council. 26. Employment Sign: A temporary sign to announce employment opportunities in business and industrial zoning districts as well as each public and institutional conditional use in residential districts. 27. Flag: A piece of cloth or bunting varying in color and design, used as a • symbol, standard, emblem, or insignia identifying a governmental agency or any civic, charitable, religious, institutional, patriotic, corporate, fraternal, or similar organization. 28. 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. 29. Freestanding Sign: A self - supported sign not affixed to another structure. 30. Governmental Sign: A sign which is erected by a governmental unit for identification or traffic. 31. Ground r o Low Profile Sign: A sign that is in orated into g tended to be incorporated P 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. 32. Historical Sign: A sign commemorating places of local, state, or national historical significance. 4 33. Holiday Sign: A sign or display that contains or depicts a message pertaining to a national, state, local, or religious holiday. 34. Identification Sign: A sign which identifies the business, owner, manager, resident, or address of the premises where the sign is located and which contains no other material. 35. Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. 36. Informational Sign: Any on -site sign giving information to employees, visitors, or delivery vehicles, but containing no advertising or identification. 37. Institutional Sign: A sign which identifies the name and other characteristics of a public or semi - public institution on the site where the sign is located. 38. Integral Sign: A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure. 39. Logo Sign: Any brand name, trademark, logo, distinctive symbol, or other similar device or thing used to identify a particular business, institution, or activity. 40. Marquee: See canopy. 41. 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. 42. Menu Board: A sign containing a food price list for restaurant customers, but containing no advertising or identification. 43. Message Sign: A sign which allows for the graphic and /or verbal content to be changed, when desired, through electronic or manual methods. 44. 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 5 arrangement. A monument sign shall be considered as one sign though it • may have two (2) faces. 45. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives illusion of motion. 46. Multi -Faced Sign: Any sign with a sign face oriented to more than two (2) directions. 47. Nameplate Sign: Any sign in a residential district which states the name and /or address of a business or occupant of the lot where the sign is placed. 48. Non - Profit Organization: A corporation formed under Chapter 317 of Minnesota State Statutes and which is formed for a purpose not involving pecuniary gain to its shareholders, or members and paying no dividends or other pecuniary enumeration, directly or indirectly, to its shareholders or members, or a community or civic group such as the Lion's Club, League of Women Voters, etc. 49. Off - Premises Advertising Sign: A billboard, poster panel, painted bulletin board or other communicative device which is used to advertise products, goods, services, ideas or non - commercial speech which are not exclusively related to the premises or owner of the property on which the sign is located. 50. Off - Premises Directional Sign: A directional sign located upon property other than the lot of a development or use for which off -site direction is intended. 51. On- Premises Directional Sign: A sign erected on private property which contains no advertising, and is specifically intended to facilitate the safe movement of pedestrians and vehicles into, out of and circulating upon the site on which such signs are located. 52. Opaque: Impervious to the passage of light. 53. Parapet: A low protective wall which is located along the edge of a roof on a building. 54. 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. 55. Portable Sign: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not 6 limited to, signs designed to be transported by means of wheels; signs converted to "A" or "T" frames; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right -of -way, unless said vehicle is used in the normal day -to -day operations of the business. 56. 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. 57. Principal Frontage: The wall of the principal building on a lot which fronts toward the principal public streets. 58. Projecting Sign: A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. 59. Public Entrance: Any passage or opening which affords entry and access to the general public or customer. 60. Public Entrance, Common: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants. 61. Public Information Service Sign: A sign designating the current time and /or temperature on the exterior of a building or pylon so as to be viewed by the passing public from a public right -of -way. 62. 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. 63. Real Estate Sign: A sign placed upon a property advertising that particular property for sale, for rent, or for lease. A real estate sign shall be considered as one sign though it may have two (2) faces. 64. Ribbons or Streamers: Long or varied lengths of flexible material used to decorate. 65. Roof Line: The top of the cornice or, when the building has a pitched roof, the intersection of the outside wall with the roof. 66. 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. 7 67. Rotating Sign: A sign which revolves or rotates on its axis by mechanical means. 68. Rummage Sale Sign: Signs advertising infrequent temporary display and sale by an occupant on his premises of personal property, including general household rummage, used clothing and appliances. 69. Security Sign: A sign identifying the presence of a security system. 70. 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. 71. Sign: The use of any words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, firm, professional or business and are visible to the general public. 72. Sign Area: The area within the marginal lines of the surface of a sign which bear the advertisement or, in the case of messages, figures or symbols attached directly to a building or sign structure, that area which is included in the smallest rectangle or series of geometric figures used to circumscribe the message, figure or symbol displayed thereon. • 73. 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. 74. Sign Structure: The supports, uprights, bracing and framework for a sign. 75. Special Events: A temporary indoor or outdoor promotional or sales event. 76. 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. 77. 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. 78. 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 8 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. 79. Temporary Sign: Any sign which is erected or displayed for a specific period of time, and not of a permanent nature. 80. 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. 81. Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. 82. UL Approved: A device which has been approved by the "Underwriters' Laboratories ". 83. 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. 84. Wall Graphics: A sign painted directly on an exterior wall. 85. 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. This does not include merchandise on display. 5. General Provisions. a. No sign permitted by this Ordinance shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "stop ", "caution ", "warning ", etc., unless such sign is needed to direct traffic on the premises. b. No sign shall be erected, placed or maintained on, fences, trees, power and light poles or the supports thereof, except as allowed as special events. Signs on rocks shall be allowed if they use metal letters and numbers or the commercial message is etched into the surface of the rock. 9 C. No sign shall be attached to hang from any building until all necessary wall and /or roof attachments have been approved by the Building Official. d. No 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, except by conditional use permit as regulated in Section 401.03 of this Ordinance. e. 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. A minimum of one (1) address sign identifying the correct property number 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. No seasonal/holiday decoration shall be allowed on or within the right -of -way. h. The commercial message of signs shall be neat and orderly and not obscene. The signs shall be professionally prepared. i. 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. j. Signs in the R -B, B -1, B -2, B -3, CBD, B -W, and I Districts may only be illuminated during business hours, or until eleven o'clock (11:00) PM, which is later. k. 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. If a wall sign is mounted above the first floor of a building, the illumination, if any, shall be internal. I. Neon signs shall be limited to channel letter signs and permanent window 10 signage in the R -B, B -1, B -3, B-4, B -W and I Districts. Neon signs, subject to Design Guidelines review, shall be allowed in the CBD District. M. No part of a sign or sign structure shall be placed closer to the property line than ten (10) feet. n. No more than three (3) flags may be displayed outside of a building. This number may, however, be increased to a total of six (6) flags provided a permit is issued and the following standards are met: 1) No two (2) pairs of flags may be the same. 2) Where multiple flagpoles are used, there shall be a maximum spacing of twenty (20) feet allowed between the poles. o. 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. 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. 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. Governmental Signs. Signs of a public, non - commercial nature including safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like, when these signs are erected by or on order of a public officer or employee in the performance of official duty. b. On- Premises Directional Signs. Shall not exceed four (4) square feet in area. C. Integral Signs. Shall not exceed nine (9) square feet in area. d. Campaign Signs. Shall not be placed upon public right -of -way or property, except for parks and other public areas approved by the City Council. Campaign signs erected on private property should be erected with permission of the property owner or lessee. Those installing campaign signs shall comply with the Fair Campaign Practices Act contained in State of 11 t Minnesota Statutes chapter 211B. Campaign signs shall not be less than fifteen (15) feet from the nearest edge of the pavement. e. Identification Signs. Signs in all B, Business Districts and I, Industrial Districts which at the front, side, or rear entrance of a building identify the business, owner, manager or resident and set forth the address of the premises where the sign is located and which contain no other material. There shall be one (1) per entrance in which each shall not exceed four (4) square feet in area. f. Holiday Signs. Shall not be displayed for over sixty (60) days. g. Security Signs. Shall not exceed one (1) square foot with one (1) sign per driveway connection to a public right -of -way. h. Real Estate Signs. 1) Property for sale and development project signs shall be wall or freestanding signs and shall be removed within ten (10) days after the closing on a property. a) Such signs shall be professionally designed and painted on all sides, including support posts. Freestanding signs shall be properly anchored into the ground using posts with minimum dimensions of four (4) inches square or three (3) inches in diameter. b) Such signs shall be limited to one (1) per street frontage of the property. c) The content of the commercial message on these signs shall include an offer of the property for sale, the realty company name, the phone number, and other information related to the sale. d) Such signs shall not measure more than twelve (12) square feet in R -1, R -1 A, R -1 B, R -1 C, R -2, R -3, R -B Districts, and shall not measure more than forty (40) square feet in all other districts. The forty (40) square foot limitation may be increased to sixty -four (64) square feet, provided a conditional use permit is issued and the following standards for freestanding signs are met: (1) The sign shall be a maximum height of twelve (12) feet. 12 s (2) The sign shall be set back from the front property line no less than one (1) foot per one (1) foot of sign height. (3) The sign shall be non - illuminated. 2) Temporary property for lease signs shall be wall or freestanding signs. a) The gross area and total height of a temporary property for lease sign shall be limited to the requirements specified in Section 401.15.G.6.h.1).(d) above. b) Temporary property for lease signs shall be set back from the front property line no less than one (1) foot per one (1) foot of sign height, except that if the sign cannot be located to comply with the minimum setback requirement from the front property line without locating the sign in a parking lot or other paved surface, the sign may be located up to the front property line provided that the sign does not exceed twelve (12) square feet in area and four (4) feet in width, and further provided that the sign will not disrupt any public utility service and interfere with the sight line visibility of motorists on the adjoning roadway. • c) The content of the commercial message on such signs shall include an offer of the property for lease, the management company or owner's name, the phone number, and other information related to the lease. d) Such signs shall be limited to one (1) per street frontage of the property, and if ground mounted, shall be constructed of painted, smooth finish plywood, and shall have either flush or side mounted, four (4) inch by four (4) inch painted wood posts. i. Construction Signs. Shall be confined to the site of the construction, alteration, or repair, and single tenant building signs shall be removed within thirty (30) days, and multi tenant buildings shall be removed within sixty (60) days after the particular project or building under continuous construction is issued the first certificate of occupancy. Signs shall be allowed on each major street frontage the project abuts. Signs shall be professionally designed and painted on all sides, including support posts. No sign may exceed thirty -two (32) square feet in the O, R -1, R -2 Districts or forty -eight (48) square feet in the R -3 through I Districts. 13 j. Rummage Sale Signs. Shall be limited to the subject property, shall not exceed five (5) square feet and shall be removed within one (1) day after the termination of the sale. Signs shall include the property address, date of sale, hours and shall not be placed in any public rights -of -way. The City shall have the right to remove and destroy rummage sale signs. The City shall assess a fee of ten (10) dollars per sign removed by the City. k. Barber pole signs. I. Public information service signs. M. 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. n. 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 items of signage permitted on that side of the building. Use of neon for permanent window sign shall be allowed within the requirements of this Section. • o. Temporary Window Signs. Temporary window signs shall be permitted within the R -B, B -1, B -2, B -3, B -4, CBD, B -W and I Districts, provided that they do not exceed ten (10) percent of the front building facade. 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, except for private, on- premises directional signs. C. Off - premises advertising and directional signs. d. Business signs on or attached to equipment, such as semi -truck trailers, 14 being used in such a manner that advertising is a principal use of the equipment. e. Animated signs. f. Projecting signs (exceptions allowed in the CBD District) g. Roof signs. h. Vehicle sales signs displayed on vehicles within open sales lots. i. Any sign 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. Multifaced 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 fences (inside) of baseball parks. 8. Special Events. a. Permit Required. No special event shall be held without first obtaining a 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 more than 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 permit was issued to start a new special 15 event. C. Permitted Advertising Devices. Advertising devices for special events must be directly related to the activity being conducted as a special event. The advertising devices 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. 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. 16 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. d. Prohibited Advertising Devices for Special Events. The advertising devices or activities 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 advertising device in the public right -of -way. • 7) Hot air inflatable devices. e. 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 low owner or organization shall submit a completed application for a permit with the City. In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event. Only after the City issues the 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 17 the special event. 9. District Regulations. a. R -1, R -1A, R -1 B, R -1 C, 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) nameplate 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) nameplate 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. 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. 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 facilities as provided for in Section 401.22.E.3 of this Ordinance. 6) Exceptions in numbers of sizes, 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. 18 Except as otherwise provided in this Ordinance, signs in these districts shall be limited to: 1) One (1) nameplate 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) nameplate 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) project identification 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 R -1, R -1A, R -113, R -1C, 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. C. P /I, Public Institutional; R -B, Residential Business; and B -1, Neighborhood Business Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to three (3) signs per principal use upon the subject property, subject to the following conditions: 1) One (1) freestanding monument sign per entrance not more than forty (40) square feet or more than eight (8) feet in height; 2) Wall signs not more than forty (40) square feet nor higher than the top of the parapet wall or eave. d. B -2, General Business; B -3, Highway Business and Warehousing; B -W, Business/Warehousing; 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. 19 a)' b)2 cr 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 Maximum allowable sign area per lot. 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. 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 six (6) feet. (2) Decorative shrubbery and 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 20 a slope of three to one (3:1) where the berming is incorporated into an overall landscaping 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 six (6) feet. (5) Signs allows pursuant to Section 401.15.G.6 of this Ordinance. c) The cumulative total wall 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 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 six (6) feet in height upon the lot. (2) The wall signs shall consist of individual letters. (3) The wall signs shall be identical in style, wording, color, and size. c) The cumulative total wall 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 21 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. CBD, Central Business District. Except as otherwise provided in this Ordinance, single occupancy business signs in these districts shall be limited to: 1) Maximum Allowable Sign Area. a)' b) c� CBD District 50 SF or 10 % up to 200 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 Maximum allowable sign area per lot. 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. a) A maximum of one (1) freestanding sign is allowed upon any single lot. Sign area may not exceed forty (40) square feet and a maximum height of eight (8) feet. Decorative shrubbery must be incorporated as a part of the monument design and are maintained on a regular basis. 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 22 i shall not exceed a height of six (6) feet. (2) Decorative shrubbery and 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 landscaping 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 six (6) feet. (5) Signs allows pursuant to Section 401.15.G.6 of this • Ordinance. c) The cumulative total wall 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 on a separate building facade, with or without street frontage except as allowed for multiple occupancy buildings as allowed 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 six (6) 23 feet in height upon the lot. (2) The wall signs shall consist of individual letters. (3) The wall signs shall be identical in style, wording, color, and size. c) The cumulative total wall 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. 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) Motor fuel stations may display signs which identify current fuel prices and /or car wash facilities. The total area for all said signs at any one (1) station shall be limited to a maximum of sixteen (16) square feet. Price /car wash signs shall be allowed on fuel pump canopies or as part of a freestanding sign. 3) Pump island signs shall not exceed two (2) square feet per pump. 4) Signs identifying the location or operation of, including but not limited to, vacuum, air, ice, telephone, propane, self service, full service, operating instructions, and safety instructions shall not exceed one (1) square foot per sign. 5) The area of price and /or car wash signs, pump island signs, and 24 location /operations signs shall be counted against the total sign area allowed for the site, which includes both freestanding and wall sign allowances. b. 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 Highway Sign District as identified on maps on file at City Hall. 1) Area Identification Signs. One (1) freestanding identification 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 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. 2) Freestanding Signs. For single occupancy lots and business developments as part of an approved planned unit development, freestanding sign allowances 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. 3) Wall Signs. For single occupancy lots and business developments as part of an approved planned unit development, maximum allowable sign area 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 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 shall be increased to 25 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). 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 area identification building or business sign consistent with the applicable zoning district provisions of Section 401.15.G.9 of this Ordinance. The freestanding business sign may identify multiple tenants, and 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 • 26 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 business wall signs unless the tenants business has an exclusive exterior entrance. The number of individual business 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 business 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, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50) feet of the common public entrance being served. The size of individual business identification signing within the directory shall be established during the site plan review process. Attention shall be given to the possible number of tenants or occupant bays which may be served by the common public entrance for which the directory sign is intended. 6) No permit shall be issued for a new or replacement business sign for an individual use except upon a determination by the Zoning Administrator that it is consistent with the approved comprehensive sign plan. 11. Non - Conforming Signs. a. General Provisions Governing Non - Conforming Signs. 1) Continuation of Use. A non - conforming sign lawfully existing upon the effective date of this Ordinance may be continued at the size and in the manner existing upon such date. 2) If any property use or business changes ownership, all signs on that property, including any sign identifying a business no longer is 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: 27 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. 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. 13. Inspection. All signs for which a permit is required shall be subject to inspection by the City Building Official. The Building Official may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this Ordinance. 14. Permit, Application, License, Variance, and City Council Approval. • 28 w a. Permit Required. Except as provided in this Section, no sign or structure shall be erected, constructed, altered, rebuilt, or relocated until a 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 license shall be supplied by an applicant is requested by the City: 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. 5) A site plan showing the positioning and height of the sign(s) or other advertising structures in relation to all nearby existing or proposed buildings, structures, and property lines, lighting details, colors, materials, a table of the proposed gross sign area for each sign and the total proposed sign area. 6) Photographs of the building face and the building faces of any adjacent buildings. 7) Plans, location and specifications and method of construction and attachment to the buildings or placement method in the ground. 8) Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. 9) Written consent of the owner or lessee of any site on which the sign is to be erected. 10) Any electrical permit required and issued for the sign. 29 • 11) The name of the person, firm, corporation, or association erecting the structure. 12) Such other information as the Zoning Administrator or designee requires to show full compliance with this and all other laws and ordinances of the City. 13) If the work authorized under a permit has not been completed within six (6) months after the date of its issuance, said permit shall become null and void. 15. Removal of Unsafe and Illegal Signs. If the City finds that any sign or sign structure is unsafe or in violation of the provisions of this Ordinance, or his /her designee, shall give written notice 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. Thirty (30) days' notice in writing shall be given to the owner of such sign, 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 or Illegal Signs. The City may impound signs which have been illegally installed upon public property or within public right -of -way or easement. The sign owner may retrieve the signs according to the following: 1) Fee Payment. For impounded signs, there shall be an impoundment and storage fee, as may be approved from time to time by Council resolution. 2) Retrieval of Sign. The sign shall be retrieved from a designated impound area during routine business hours and within fifteen (15) days from the date of impounding. After fifteen (15) days, the City will dispose of the sign. 3) Liability. The City shall not be held liable for any damage to • impounded signs. 30 c) Closed Business Signs. Signs not used for signing when a business closes or leaves the tenant space shall be addressed within thirty (30) days from the close of building in the following manner: 1) Wall signs (individual letters) shall removed. 2) Wall signs (cabinet). A blank face shall be inserted in the cabinet. 3) Freestanding Signs. The sign area shall be totally covered. 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 were not granted and therefore, may grant such variations based upon consideration of the following: 1) That particular physical surrounding, shape, or topographical conditions of the specific parcel of land involved exist. 2) That the condition involved is unique to the particular parcel of land involved. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value of income potential of the business involved. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion 31 a of the public streets or interfere with the function of the Police and Fire Departments of the City. b. 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