HomeMy WebLinkAbout2013-09-06 Planning Memorandum TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840 ENCLOSURE 2
Facsimile: 763.427.0520
TPC@PlanningCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: September 6, 2013
RE: Oak Park Heights— Electronic Message Boards — Planning
Commission
TPC FILE: 236.01 — 13.06
Background
The Planning Commission, its August 13, 2013, meeting discussed electronic message
boards and asked City Staff why they were not allowed within the City. Many of the
members indicated that electronic message boards would be preferred over the
manually changed message boards. The Planning Commission asked City Staff to
schedule a public hearing for the September 12, 2013 meeting to discuss this issue
further.
In that this is a new project, it was necessary for the City Council to review a Work
Program before the project commences. This effort will involve a thorough review of the
current definitions and regulations, review other City's regulations, and drafting
amendments to the Zoning Ordinance. The City Council at their August 27, 2013
meeting concurred with the Planning Commission and authorized City Staff to proceed
with the work program as follows:
Work Program
August 27, 2013: City Council approves Work Program and Budget.
September 12, 2013: Initial meeting of Planning Commission to discuss current
regulations and review other Cities regulations.
Open/continue public hearing.
September/October City Staff drafts revisions to sign regulations.
October 10, 2013: Planning Commission reviews regulations, continues public
hearing, makes suggestions on text language and
recommends approval.
October: Staff drafts changes to language, Planning Commission
recommending resolution and City Council ordinance.
October 29, 2013: City Council adopts Zoning Ordinance Amendments.
Estimated Costs
The City Council authorized a study and Ordinance amendments that would not exceed
$3,500.00 in costs.
Exhibits
Please find as follows Exhibits for your consideration on this matter:
Exhibit 1: Section 401.15.G. Signs. The existing Oak Park Heights sign regulations.
Exhibit 2: Pictures of electronic message signs.
Exhibit 3: City of Lakeville electronic sign regulations.
Exhibit 4: City of Minnetonka electronic sign regulations.
Exhibit 5: City of Stillwater electronic sign regulations.
Exhibit 6: City of Woodbury electronic sign regulations.
Analysis
The four cities that were selected were done so in that they provide a range of options
related to changeable message boards, electronic display signs or dynamic displays.
There are a number of technologies available and we must assure as we amend the
sign regulations that all are taken into account and addressed. The main focus of this
study is changeable message boards and the possibility of allowing them in reasonable
applications.
Lakeville and Minnetonka were chosen as examples in that they have been the Metro
leaders in providing detailed and thorough requirements related to changeable message
boards and dynamic displays. Both have significant freeway frontage and have had to
deal with the dynamic display bill boards that are prevalent now. Stillwater was chosen
because of its proximity and the fact that we share the same frontage on Highway 36.
Woodbury was also chosen in that it is also has freeway frontage and in the east Metro.
Lakeville
Attached is a copy of the Lakeville regulations related to changeable copy signs.
Please note that changeable copy signs require a yearly license. Also, please find
attached the requirements for dynamic display signs. The Planning Commission should
review the definitions, in that they clarify the difference in types of electronic signs.
While licensing every electronic sign may be difficult and time consuming, it does
provide a mechanism to keep track of legal and illegal signs.
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Minnetonka
Provided as attached are sections of the Minnetonka sign regulations that address
electronic signage. The sections on changeable messages and dynamic displays
should be noted.
Stillwater
Stillwater currently has regulations similar to Oak Park Heights as it relates to electronic
signs. It prohibits electronic reader board signs, except for time and temperature
information and barber poles. Additionally they prohibit signs with any moving parts,
and those that are animated. It does not address changeable message boards
specifically.
Woodbury
Woodbury prohibits motion signs but does allow reader board and electronic display
signs through the issuance of an interim use permit. The messages are not allowed to
change more than once a day. Please note the definitions for motion signs and
electronic display signs.
Conclusion/Recommendations
The first step in this study is to look at what other cities in the Metro area are doing in
terms of regulating electronic signs. If the Planning Commissioners have any other
examples or other cities they would suggest, that would be encouraged.
The focus on this study is on changeable message boards, but in the process of
defining and regulating their use, we may need to update our definitions and list of
acceptable and prohibited signs to deal with new technologies. The Planning
Commission should read over these regulations and define what may be acceptable
and not acceptable for Oak Park Heights.
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Q(L.. PL
12' 17 401.15.G. Sig ns.
401.15.G.1. FINDINGS, PURPOSE AND EFFECT:
EXHIBIT,
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.
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
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.
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.
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 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.
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.
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 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.
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",
"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.
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 I
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
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) sign shall be allowed at each
entrance from a major collector or arterial street.
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-
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
fences of athletic facilities
q. All signs over four hundred (400) square feet in area.
401.15.G.8. SPECIAL EVENTS.
a. Sign Permit Required. No special event shall be held without first
obtaining a sign permit.
1922 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 (except for the areas within the Destination Retail
Highway District as indicated in Section 401.15.G.8.c), shall be allowed
five (5) special events per calendar year. The total number of special
event days in a calendar year shall not exceed fifty (50) days for any
applicant, business, or public and institutional use. Once the time period
has expired for a special event the applicant shall wait the same number
of days that the sign permit was issued to start a new special event.
22 C. Events in the Destination Retail Highway District. The business
or applicant in the Destination Retail Highway District shall be allowed
twelve (12) sales events per calendar year. The total number of special
event days in a calendar year shall not exceed one hundred eighty (180)
days for any applicant, business, or public and institutional use. Once the
time period has expired for a special event, the applicant shall wait two (2)
days before starting a new sales event. All other special event
requirements, as found in Section 401.15.g.8 of this Ordinance, shall be
adhered to within the Destination Retail Highway District.
d. Permitted Signs and Displays. The signs and displays described
below are permitted for special events in addition to the maximum
allowable sign area, provided they are professionally done and the
following standards are met and complied with:
1) 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.
22 b) No more than two (2) banners shall be allowed, except for
the areas within the Destination Retail Highway District in
which no more than five (5) banners shall be allowed at any
one time.
22 c) Individual banners shall not be larger than twenty-eight (28)
square feet and the total of all the banners on the site shall
not exceed one hundred forty (140) square feet. The
applicant may choose to do fewer banners that may exceed
twenty-eight (28) square feet as long as the total size of the
banners does not exceed one hundred forty (140) square
feet..
5) Search lights.
a) Search lights as regulated in Section 401.15.B.7.g.1) of this
Ordinance.
e. 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.
f. Sign Permit Requirements for Special Event Lot Decorations. Before
any special event signs or decorations shall be permitted to be used for an
event, the responsible property owner or organization shall submit a
completed application for a sign permit with the City. In addition to other
requirements, the applicant shall show that when the event is held,
adequate parking area will continue to exist, even though a portion of
required parking spaces may be used to celebrate the event. Only after
the City issues the sign permit, may a business display the special event
signs and decorations.
g. Violations.
1) It is a violation for any person, company, or organization to provide,
erect or display any beacons, balloons or other advertising device
which is not in conformity with the provisions of this Section.
2) Special event signs and decorations not removed by the last day of
the special event.
401.15.G.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) 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-1 A, R-1 B, 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
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. 0, 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 0, 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
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. Except 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
Sign Areal) Allowable2) Allowable3)
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:
1) 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.
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
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.
(2) 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.
Sign Tables. Sign tables that summarize the district sign allowances are
found on the following page.
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 - -- 24 401 -- 24 40' -- 25%6
R-1/R-2 -- -- 322 40' -- 322 40' — 25%6
R-3 -- -- 24 40' -- 24 401 — 25%6
R-B 4 40 -- -- 40 -- -- 10%' 25%6
B-1 4 40 -- -- 40 -- -- 10%' 25%6
B-2 4 1003 -- -- —3 -- -- 10%7 25%6
B-3 4 1003 -- -- -3 -- -- 10%7 25%6
B-4 4 1003 — -- —3 - -- 10%7 25%6
BW 4 1005 -- -- —5 -- -- 10%' 25%6
I 4 1005 -- - -5 -- -- 10%' 25%6
P-I -- 40 -- -- 40 -- -- — 25%6
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.
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.
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
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).
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 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.
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.
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.
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:
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.
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.
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EXHIBIT 3
LAKEVILLE
CHAPTER 21
DYNAMIC DISPLAY SIGNS
3-21-1: Purpose and Intent
3-21-2: Definitions
3-21-3: License Required
3-21-4: Issuance of License
3-21-5: Expiration and Renewal of License
3-21-6: Administration and Enforcement
3-21-7: Performance Standards
3-21-8: Severability
3-21-1: PURPOSE AND INTENT:
A. The City has established the fundamental basis for the regulation of signs
generally in Section 11-23-1 of the City Code.
B. The City finds that dynamic display signs are highly visible from long distances
and at very wide viewing angles both day and night and are designed to attract
the attention of persons in their vicinity and hold it for extended periods of time
and that if the operation of such signs is not regulated, there is potential for
significant harm to public health, safety and welfare.
C. It is not the purpose or intent of this Chapter to regulate the message displayed
on any dynamic sign but to:
1. Allow for operation of dynamic signs in compliance with the standards set
forth in this Chapter to lessen the impact of such signs on the environment
and the public health, safety and welfare.
2. Provide for the administration and enforcement of provisions regulating
the operation of dynamic display signs as set forth in this Chapter.
3-21-2: DEFINITIONS: The following words and terms, wherever they occur in
this Chapter, shall be interpreted as herein defined:
APPLICANT: The owner, their agent or person having legal control, ownership and/or
interest in land for which the provisions of this Chapter are being considered or
reviewed.
CHANGEABLE COPY SIGN, ELECTRONIC: A sign or portion thereof that displays
electronic, nonpictorial text information in which each alphanumeric character, graphic,
or symbol is defined by a small number of matrix elements using different combinations
of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices
within the display area. Electronic changeable copy signs include computer
programmable, microprocessor controlled electronic displays. Electronic changeable
copy signs include projected images or messages with these characteristics onto
buildings or objects. Electronic changeable copy signs do not include official signs.
DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or
that appear to change, caused by any method other than physically removing and
replacing the sign or its components, whether the apparent movement or change is in
the display, the sign structure or any other component of the sign. This includes
displays that incorporate technology or methods allowing the sign face to change the
image without having to physically or mechanically replace the sign face or its
components as well as any rotating, revolving, moving, flashing, blinking or animated
display and any display that incorporates rotating panels, LED lights manipulated
through digital input, digital ink or any other method or technology that allows the sign
face to present a series of images or displays.
ELECTRONIC GRAPHIC DISPLAY SIGN: A sign or portion thereof that displays
electronic, static images, static graphics or static pictures, with or without text
information, defined by a small number of matrix elements using different combinations
of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices
within the display area where the message change sequence is accomplished
immediately or by means of fade, repixalization or dissolve modes. Electronic graphic
display signs include computer programmable, microprocessor controlled electronic or
digital displays. Electronic graphic display signs include projected images or messages
with these characteristics onto buildings or other objects.
ILLUMINATED SIGN: Any sign which contains an element designed to emanate
artificial light internally or externally.
MULTIVISION SIGN: Any sign composed in whole or part of a series of vertical or
horizontal slats or cylinders that are capable of being rotated at intervals so that partial
rotation of the group of slats or cylinders produces a different image and when properly
functioning allows on a single sign structure the display at any given time one of two (2)
or more images.
OFFICIAL SIGN: Signs of a public noncommercial nature including public notification
signs, safety signs, traffic signs, direction to public facilities when erected by or on
behalf of a public official or employee in the performance of official duty.
SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or
representation in the 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.
VIDEO DISPLAY SIGN: A sign that changes its message or background in a manner or
method of display characterized by motion or pictorial imagery, which may or may not
include text and depicts action or a special effect to imitate movement, the presentation
of pictorials or graphics displayed in a progression of frames that gives the illusion of
motion, including, but not limited to, the illusion of moving objects, moving patterns or
bands of light, or expanding or contracting shapes, not including electronic changeable
copy signs. Video display signs include projected images or messages with these
characteristics onto buildings or other objects.
ZONING ADMINISTRATOR: The person designated by the City Administrator to be the
Zoning Administrator for the City of Lakeville.
3-21-3: LICENSE REQUIRED: Display or operation of a dynamic display sign
within the City of Lakeville shall require approval of a valid license issued by the City
pursuant to this Chapter.
3-21-4: ISSUANCE OF LICENSE:
A. Application Form: An application for a license must be submitted by the
property owner or their authorized agent on a form provided by the Zoning
Administrator.
B. Fees. The applicant shall pay the license fee as adopted by the City Council by
Ordinance for the application to be accepted.
C. Required Information:
1. An application shall be considered complete if it includes the information
required in this section.
2. The application shall include the following information:
a. Names and addresses of the sign contractor and owners of the sign
and lot.
b. Written consent of the owner or lessee of any site on which the sign
is to be erected.
c. The address at which any signs are to be erected.
d. The lot, block and addition at which the signs are to be erected and
the street on which they are to front.
e. Type and size of sign and type of dynamic display.
f. The specifications of the signs related to illumination and
brightness.
g. Specifications for controls needed to regulate the display both for
normal operation and in the event of a malfunction.
h. Any electrical permit required and issued for the sign.
3. The applicant shall provide any and all other information as may be
requested by the Zoning Administrator to determine compliance with this
Chapter.
D. Zoning Administrator Review:
1. The Zoning Administrator shall approve or deny an application for a
license within (60) days of a complete application being submitted with
written notice to be provided to the applicant.
2. Applications found to be in compliance with the requirements of this
Chapter shall be issued a license that shall expire on December 31 of the
same year.
3. The Zoning Administrator shall state in writing the reasons for an
application for a license having been denied. The applicant may resubmit
an application for a license in accordance with the procedures in this
Section or, within ten (10) days of the Zoning Administrator's decision,
submit an appeal in accordance with Section 3-21-6.E.3 of this Chapter.
E. Transferability: Licenses are issued to the applicant only and for one location,
and such licenses are nontransferable between property owners, tenants or
locations.
3-21-5: EXPIRATION AND RENEWAL OF LICENSE:
A. All licenses expire on December 31 of each year.
B. Each license may be renewed only by making application as provided in Section
3-21-4 of this Title.
C. Application for renewal shall be made at least sixty (60) days before the
expiration date.
D. Each renewal license shall be issued for a maximum period of one (1) year.
3-21-6: ADMINISTRATION AND ENFORCEMENT:
A. This Chapter shall be administered by the Zoning Administrator.
B. Inspections.
1. Any licensee shall, at all times during the term of the license, allow the
Zoning Administrator to enter the premises for the purpose of verifying
compliance with the requirements of this Chapter.
2. The licensee shall provide certification as to compliance with Section 3-31-
7.B.5 of this Chapter to the City upon request by the Zoning Administrator.
C. Suspension. The Zoning Administrator may suspend a license for a period not to
exceed thirty (30) days following written notice and an opportunity to be heard if
the Zoning Administrator determines that a licensee has violated or is not in
compliance with this Chapter.
D. Revocation:
1. Notice: The Zoning Administrator shall issue a written statement of intent
to revoke a license if a cause of suspension in Section 3-21-6.D.2 of this
Chapter occurs.
2. Basis For Revocation: The Zoning Administrator may initiate action to
revoke a license if the Zoning Administrator determines that:
a. The license has been suspended two (2) times within the preceding
twelve (12) months.
b. A licensee has knowingly operated an electronic sign during a
period of time when the licensee's license was suspended.
c. A licensee is delinquent in payment to the City for ad valorem taxes
or other taxes or fees related to business.
3. Process:
a. Within ten (10) days of receipt of such notice of suspension or
intent to revoke, the licensee may provide to the Zoning
Administrator, in writing, a response that shall include a statement
of reasons why the license should not be suspended or revoked.
b. Within three (3) days of the receipt of licensee's written response,
the Zoning Administrator shall notify respondent in writing of the
hearing date on licensee's suspension, or revocation proceeding.
c. Appeal and Hearing:
(1) Within thirty (30) working days of the receipt of licensee's
written response, the City Council shall conduct a hearing on
licensee's appeal of the Zoning Administrator's decision.
(2) Hearings on the appeal shall be open to the public and the
licensee or applicant shall have the right to appear and be
represented by legal counsel and to offer evidence in its
behalf.
(3) At the conclusion of the hearing, the City Council shall make
a final decision.
(a) If a response is not received by the City in the time
stated or, if after the hearing, the City Council finds
that grounds as specified in this Chapter exist for
suspension or revocation, then such suspension or
revocation shall become final three (3) days after the
City sends written notice that the license has been
suspended, or revoked. Such notice shall include a
statement advising the applicant or licensee of the
right to appeal such decision to a court of competent
jurisdiction.
(b) If the City Council finds that no grounds exist for
denial, suspension, or revocation of a license, then
within three (3) days after the hearing, the Zoning
Administrator shall withdraw the intent to suspend or
revoke the license, and shall so notify the licensee in
writing of such action.
3-21-7: PERFORMANCE STANDARDS:
A. Allowed Signs: Only those dynamic display signs defined and identified herein
shall be allowed to be operated within the City in accordance with this Chapter
and the Zoning Ordinance:
1. Electronic changeable copy signs.
2. Electronic graphic display signs.
B. The operation of a dynamic display sign allowed by this Chapter shall conform to
the following requirements:
1. The display shall change display not more often than once every one (1)
minute.
2. The display sign shall not include scrolling, flashing, animation, or other
effects that create a traffic hazard.
3. The display must be static and the transition from one static display to
another must be instantaneous without any special effects.
4 The display must be complete in themselves, without continuation in
content to the next image or message.
5. Brightness:
a. The brightness of the sign shall not exceed 5,000 NITS after
sunrise and before sunset or 500 NITS after sunset and before
sunrise each day.
b. The sign shall be equipped with an automatic dimmer control or
other mechanism that automatically controls the sign's brightness
to comply with this condition.
6. Malfunctions:
1. The display must be designed and equipped to freeze the device in
one position if a malfunction of the electronic display occurs.
2. The display must also be equipped with a means to immediately
discontinue the display if it malfunctions, and the sign owner must
immediately stop the electronic display when notified by the City
that it is not complying with the stipulations of this section.
7. The sign shall comply with Chapter 23 of the Zoning Ordinance.
3-21-8: SEVERABILITY: If any section, sentence, clause or phrase of this
chapter is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this chapter. The city council hereby declares that it would
have adopted the Chapter and each subsection, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared invalid.
Lakeville Zoning Ordinance—Changeable Copy Signs
T.Changeable Copy Signs:
1.For commercial and industrial uses,one 40-square foot changeable copy sign(but not including electronic
changeable copy or electronic graphic display signs)shall be allowed per site provided that the changeable copy area
of the sign is integrated into the allowed freestanding sign for the respective zoning district.
2.Within the C-2 and C-3 districts,one electronic changeable copy or electronic graphic display sign may be
allowed provided that:
a.Operation:The operation of the electronic sign shall require issuance of a license pursuant to section 3-22-3 of
this code.
b.Location:
(1)The sign shall be displayed only in a yard abutting an arterial,minor expander,minor connector or
minor reliever street,collector or local commercial street as defined by the comprehensive plan.
(2)The sign shall be set back a minimum of fifty feet(50')from any side or rear lot line abutting a
residential district.
c. Sign Structure:
(1)The electronic changeable copy or graphic display shall be incorporated as part of the freestanding sign
allowed by subsection 11-23-19E of this chapter.
(2)The sign including the electronic changeable copy or graphic display element shall be a monument sign
constructed as follows:
(A)The electronic changeable copy or graphic display element shall not exceed forty(40)square
feet and shall be integral and contiguous to the overall sign display.
(B)The sign shall be self-supported vertically by a solid base extending horizontally for a
minimum of the entire width of the sign face.
(C)The total height of the sign structure including the base shall not exceed fifteen feet(15').
(D)The sign base and supporting material constructed of stone,brick,or decorative masonry shall
be equal to at least forty percent(40%)of the total allowable sign area,but shall not be counted
toward the sign area and shall not contain any sign copy.(Ord. 897, 12-3-2012)
Additionally you should include this as part of the sign ordinance general provisions(to address gas station signs
with LED):
F.Illuminated Signs:
1.Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such
brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or
signals.Lighting may not illuminate any adjacent properties,buildings,or streets.
2.No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity
of five thousand(5,000)nits during daylight hours or five hundred(500)nits from sunset to sunrise
measured at the sign face at maximum brightness.
3. Signs using fluorescent,neon or incandescent light sources shall not exceed twelve(12)watts per square
foot of sign surface area.
4.All signs incorporating LED lighting installed after December 3,2012,shall be equipped with a
mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the
requirements of this subsection.
5.The owner of any LED illuminated sign shall provide certification as to compliance with subsections F2
and F3 of this section to the city upon request by the zoning administrator.(Ord.897, 12-3-2012)
Also include the following highlighted provisions under the Prohibited Signs section of the Sign Ordinance:
11-23-17:PROHIBITED SIGNS:t
The following signs are prohibited:
A.Any sign,signal,marking or device which purports to be or is an imitation of or resembles any official traffic
control device or railroad sign or signal,or emergency vehicle signs,or which attempts to direct the movement of
traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any
railroad sign or signal.
B.All signs over six hundred(600)square feet in area,except within the P-OS district. (Ord. 827,sec.4,7-16-2007)
C.All off premises signs except as allowed by subsection 11-23-15W of this chapter. (Ord.867,sec.67,5-17-2010)
D.Balloon signs.(Ord. 827,sec.4,7-16-2007)
E.Changeable copy signs,electronic except as allowed by subsections 11-23-1501c and 11-23-19H1d of this
chapter.(Ord. 867,sec.68,5-17-2010)
F.Content classified as"obscene"as defined by Minnesota statutes section 617.241.(Ord. 827,sec.4,7-16-2007)
X G.Dynamic display signs,except as may be allowed by this title and this code.(Ord.903,3-4-2013)
t H.Electronic graphic display signs except as allowed by subsections 11-23-15T2 and 11-23-19H1d of this chapter.
(Ord. 897, 12-3-2012)
I.Flashing signs.
* J.Multivision signs.
K.Portable signs.
L.Roof signs.
M.Rotating signs.
N. Shimmering signs.
O. Signs painted,attached or in any other manner affixed to trees or similar natural surfaces,or attached to utility
poles,bridges,towers,or similar public structures.
P.Video display signs.(Ord. 827,sec.4,7-16-2007)
Q.Only those signs installed at the direction of the Minnesota department of transportation,Dakota County or the
city of Lakeville shall be located within public rights of way. (Ord. 867,sec.69,5-17-2010)
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*1111h4
EXHIBIT 4
Minnetonka Sign Regulations
Electronic Signage
2. Defmitions.
5. "Copy and graphic" -the wording and other display messages such as logos or symbols on a
sign. (Figure 30-3)
8. "Dynamic display" - any characteristics of a sign that appear to have movement or that
appear to change, caused by any method other than physically removing and replacing the sign
or its components, whether the apparent movement or change is in the display, the sign structure
itself, or any other component of the sign. This includes a display that incorporates a technology
or method allowing the sign face to change the image without having to physically or
mechanically replace the sign face or its components. This also includes any rotating, revolving,
moving, flashing,blinking, or animated display and any display that incorporates rotating panels,
LED lights manipulated through digital input, "digital ink" or any other method or technology
that allows the sign face to present a series of images or displays.
12. "Illumination, internal" - a light source within the sign.
13. "Illumination, external" - a light source which is not internal to the sign.
14. "Items of information" -individual copy and graphic items situated in a manner which
presents separate messages. An item of information can only be a name, an address, a logo, or
geographic directions.
17. "Merchandise box" - a sign which is affixed on or located adjacent to a gas pump and used
to advertise services and goods.
22. "Outdoor advertising sign" - any sign that is located outdoors and that advertises a product,
business, service, event, or any other matter that is not available, or does not take place, on the
same premises as the sign. An outdoor advertising sign does not include a sign that is not
understandable or readable by the naked eye of an ordinary person with 20/20 vision from
property other than where the sign is located, such as from adjacent property or a public street.
28. "Scoreboard" - a sign associated with an athletic field that includes information pertinent to
an on-site game or activity and also includes any sponsor or identification panels
29. "Sign" - any writing,pictorial presentation, number, illustration or decoration, flag,banner
or other device that is used to announce, direct attention to, identify, advertise, or otherwise
make anything known. The term"sign" shall not be deemed to include the terms"building"or
"landscaping", or any architectural embellishment of a building not intended to communicate
information.
3. Residential Sign Regulations.
a) Within residential zoning districts,permanent signs are permitted as follows:
1) Identification signs: for each single family or two family dwelling, one identification sign
not to exceed 2 square feet in area and located on the lot to which the sign pertains;
2) Low density residential identification signs: for each single family subdivision containing
at least 6 lots and each two family subdivision containing a potential for at least 12 dwellings,
identification signs are permitted which comply with the following standards:
a. one monument style sign;
b. 30 square foot maximum copy and graphic area per entrance;
c. 75 square foot maximum total monument area per entrance;
d. 6-foot maximum height;
e. located at primary entrances to subdivision;
f. a second sign may be located at the primary entrance as long as total copy and graphic
area of the two signs does not exceed 30 square feet;
g. single or double faced. If double faced, the sign faces shall be parallel;
h. external illumination;
i. located within a dedicated permanent sign easement and not within public right-of-way;
and
j. a neighborhood or homeowner's association shall be responsible for perpetual
maintenance of the sign.
3) Medium and high density residential identification signs: for each medium or high density
residential development, identification signs which comply with the following standards are
permitted:
a. one monument style sign;
b. 36 square foot maximum copy and graphic area per entrance;
c. 100 square foot maximum total monument area per entrance;
d. 8-foot maximum sign height;
e. located at primary entrances to development;
f. a second sign may be located at the primary entrance as long as total copy and graphic
area of the two signs does not exceed 36 square feet;
g. single or double faced. If double faced,the sign faces shall be parallel;
h. external illumination when the sign is located adjacent to, or across a public right-of-way
from, low density residential parcels; and
i. if the sign is to be located in a development which includes individual ownership parcels,
the sign shall be located on a parcel held in common ownership and shall be perpetually
maintained by a homeowner's association or responsible property owners.
4) Conditionally permitted uses in residential districts: for the following conditionally
permitted uses within a residential district,permanent signs which comply with the following
standards are permitted. If the use is not specifically listed below it is regulated within the above
paragraphs of this subdivision.
a. Educational,religious and public institution signs: for each educational, religious,public
or private institution, and nursing home property, signs are permitted which comply with the
following standards:
1. monument signs:
a) one sign not to exceed 30 square feet maximum copy and graphic area;
b) 75 square feet maximum monument area;
c) 8-foot maximum height;
d) single or double faced; and
e) internal or external illumination and the light source shall not be exposed.
2. wall mounted signs:
a) individually mounted letters not to exceed 24 inches in height;
b) one sign, area not to exceed 50 square feet or 10 percent of the area of the building
wall on which the sign is located, whichever is less; and
c) illumination shall be external.
3. scoreboard signs for athletic fields as regulated under section 300.30, subdivision
3(a)(4)b2.
b. Public and private parks: for each public or private park property, signs are permitted
according to the following standards:
1. monument signs:
a) one sign not to exceed 32 square feet;
b) 8-foot maximum height;
c) single or double faced;
d) product or service advertising is prohibited except readerboards may display public
service announcements only;
e) internal or external illumination and the light source shall not be exposed;
f) illumination shall be allowed between 6 a.m. to 10 p.m. only.
2. scoreboards:
one scoreboard per playing field is allowed if it does not exceed 410 square feet in size,
except that a playing field with structured seating capacity for greater than 2000 people may
have one or more scoreboards and the total area of the scoreboard or scoreboards cannot exceed
1000 square feet in size; and
3. athletic field fence panels:
a) athletic field fence panels which contain outdoor advertising signs as defined in this
ordinance are prohibited; and
b) an advertising fence panel which directly faces the infield and was legally established
prior to the effective date of this ordinance is considered a legal nonconforming use which may
not be altered, enlarged or replaced by another nonconforming sign except the message may be
changed.
Changeable messages:
m) Changeable messages: a message that is not permanently attached to the sign face but that is
not a dynamic display may occupy no more than 35 percent of the actual copy and graphic area.
The remainder of the sign must not have the capability to change messages even if not used.
n) Font size: every line of copy and graphics in a sign must be at least seven inches in height on
a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of
35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15
inches on a road with a speed limit of 55 miles per hour or more.
(Amended by Ord. 2011-09, adopted June 6, 2011; amended by Ord. #2007-28, adopted August
20, 2007; amended by Ord. #2005-05, adopted February 14, 2005)
10. Prohibited Signs.
The following types of signs are expressly prohibited in all districts:
a) roof signs including signs mounted on a roof surface or projecting above the roof line of a
structure if either attached to the structure or cantilevered over the structure;
b) signs with dynamic displays except search lights under subdivision 8 and those allowed
under subdivision 14;
c) portable signs, except temporary signs that are specifically permitted in section 300.30;
d) projecting signs. Wall signs shall be mounted parallel to the building and shall not project
more than 18 inches from the face of the building;
e) painted wall signs including signs painted on the face of a structure. Works of art which are
not commercial messages are exempt;
f) signs attached to trees and utility poles;
g) signs within public right-of-way except for official traffic signs and those specified in
subparagraph 9(k) and(1);
h) signs which are designed to resemble official traffic signs except signs which are used to
control traffic on private property;
i) abandoned signs or signs other than outdoor advertising structures that advertise an activity,
business, product or service no longer available on the premises on which the sign is located;
j) signs attached to fences except athletic field fence panels according to subdivision 1;
k) illuminated signs which exhibit any of the following:
1) external illumination that is determined to interfere with safe traffic operations;
2) the sign is directly oriented to any residential district;
3) illumination of a commercial sign in a residential district, except a sign used for a
conditionally permitted use; or
4) the level of illumination exceed standards specified in section 300.28, subd. 2.
1) signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering
public streets;
m) exterior signs that obstruct any window, door, fire escape, stairway or opening intended to
provide light, air, ingress or egress for any structure;
n) signs that are in violation of the building code or the electrical code adopted by the city;
o) blank signs;
p) merchandise boxes or signs not affixed to a principal structure excluding signs permitted in
subdivision 8(d);
q) outdoor advertising signs are not permitted in any zoning district, except that the provisions
of this paragraph do not apply to temporary outdoor advertising signs permitted under Subd. 9
(k) above. Outdoor advertising signs which exist on the effective date of this section shall be
considered as nonconforming signs and are subject to standards contained in section 300.29. An
outdoor advertising sign is a principal use of property. No permitted or conditionally permitted
use or any part of such use may be located on the same parcel of property as such a sign. The
parcel on which such a sign is located may not be subdivided to segregate the sign from the
remaining property. For the purposes of this paragraph, "parcel of property"means any property
for which one property identification number has been issued by the county, or all contiguous
property in common ownership as of October 15, 1997, whichever is greater; and
r) any sign not expressly permitted by the provisions in section 300.30.
(Amended by Ord. #2007-21, adopted June 25, 2007)
14. Dynamic Displays.
a) Findings. Studies show that there is a correlation between dynamic displays on signs and the
distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted
not only by a changing message,but also by knowing that the sign has a changing message.
Drivers may watch a sign waiting for the next change to occur. Drivers are also distracted by
messages that do not tell the full story in one look. People have a natural desire to see the end of
the story and will continue to look at the sign in order to wait for the end. Additionally, drivers
are more distracted by special effects used to change the message, such as fade-ins and fade-outs.
Finally, drivers are generally more distracted by messages that are too small to be clearly seen or
that contain more than a simple message. Time and temperature signs appear to be an exception
to these concerns because the messages are short, easily absorbed, and become inaccurate
without frequent changes.
Despite these public safety concerns,there is merit to allowing new technologies to easily
update messages. Except as prohibited by state or federal law, sign owners should have the
opportunity to use these technologies with certain restrictions. The restrictions are intended to
minimize potential driver distraction and to minimize proliferation in residential districts where
signs can adversely impact residential character.
Local spacing requirements could interfere with the equal opportunity to use such technologies
and are not included. Without those requirements, however, there is the potential for numerous
dynamic displays to exist along any roadway. If more than one dynamic display can be seen
from a given location on a road, the minimum display time becomes critical. If the display time
is too short, a driver could be subjected to a view that appears to have constant movement. This
impact would obviously be compounded in a corridor with multiple signs. If dynamic displays
become pervasive and there are no meaningful limitations on each sign's ability to change
frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload.
Therefore, a longer display time is appropriate.
A constant message is typically needed on a sign so that the public can use it to identify and
find an intended destination. Changing messages detract from this way-finding purpose and
could adversely affect driving conduct through last-second lane changes, stops, or turns, which
could result in traffic accidents. Accordingly, dynamic displays generally should not be allowed
to occupy the entire copy and graphic area of a sign.
In conclusion, the city finds that dynamic displays should be allowed on signs but with
significant controls to minimize their proliferation and their potential threats to public safety.
b) Regulations. Dynamic displays on signs are allowed subject to the following conditions:
1) Dynamic displays are allowed only on monument and pylon signs for conditionally
permitted uses in residential districts and for all uses in other districts. Dynamic displays may
occupy no more than 35 percent of the actual copy and graphic area. The remainder of the sign
must not have the capability to have dynamic displays even if not used. Only one, contiguous
dynamic display area is allowed on a sign face;
2) A dynamic display may not change or move more often than once every 20 minutes, except
one for which changes are necessary to correct hour-and-minute, date, or temperature
information. Time, date, or temperature information is considered one dynamic display and may
not be included as a component of any other dynamic display. A display of time, date, or
temperature must remain for at least 20 minutes before changing to a different display,but the
time, date, or temperature information itself may change no more often than once every three
seconds;
3) The images and messages displayed must be static, and the transition from one static
display to another must be instantaneous without any special effects;
4) The images and messages displayed must be complete in themselves, without continuation
in content to the next image or message or to any other sign;
5) Every line of copy and graphics in a dynamic display must be at least seven inches in
height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed
limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per
hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. If there is
insufficient room for copy and graphics of this size in the area allowed under clause 1 above,
then no dynamic display is allowed;
6) Dynamic displays must be designed and equipped to freeze the device in one position if a
malfunction occurs. The displays must also be equipped with a means to immediately
discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic
display when notified by the city that it is not complying with the standards of this ordinance;
7) Dynamic displays must comply with the brightness standards contained in subdivision 15;
8) Dynamic displays existing on June 25, 2007 must comply with the operational standards
listed above. An existing dynamic display that does not meet the structural requirements in
clause 1 may continue as a non-conforming development subject to section 300.29. An existing
dynamic display that cannot meet the minimum size requirement in clause 5 must use the largest
size possible for one line of copy to fit in the available space.
c) Incentives. Outdoor advertising signs do not need to serve the same way-finding function as
do on-premises signs. Further, outdoor advertising signs are no longer allowed in the city, and
there is no potential that they will proliferate. Finally, outdoor advertising signs are in themselves
distracting and their removal serves public safety. The city is extremely limited in its ability to
cause the removal of those signs. This clause is intended to provide incentives for the voluntary
and uncompensated removal of outdoor advertising signs in certain settings. This removal results
in an overall advancement of one or more of the goals set forth in this section that should more
than offset any additional burden caused by the incentives. These provisions are also based on
the recognition that the incentives create an opportunity to consolidate outdoor advertising
services that would otherwise remain distributed throughout the community.
1) A person may obtain a permit for an enhanced dynamic display on one face of an outdoor
advertising sign if the following requirements are met:
(a) The applicant agrees in writing to permanently remove, within 15 days after issuance of
the permit, at least two other faces of an outdoor advertising sign in the city that are owned or
leased by the applicant, each of which must satisfy the criteria of parts (b)through(d)of this
subsection. This removal must include the complete removal of the structure and foundation
supporting each sign face. The applicant must agree that the city may remove the sign if the
applicant does not timely do so, and the application must be accompanied by a cash deposit or
letter of credit acceptable to the city attorney sufficient to pay the city's costs for that removal.
The applicant must also agree that it is removing the sign voluntarily and that it has no right to
compensation for the removed sign under any law.
(b) The city has not previously issued an enhanced dynamic display permit based on the
removal of the particular faces relied upon in this permit application.
(c) Each removed sign has a copy and graphic area of at least 288 square feet and satisfies
two or more of the following additional criteria:
(1) The removed sign is located adjacent to a highway with more than two regular lanes
and with a general speed limit of 45 miles per hour or greater,but that does not have restrictions
on access equivalent to those of an interstate highway;
(2) All or a substantial portion of the structure for the removed sign was constructed
before 1975 and has not been substantially improved;
(3) The removed sign is located in a noncommercial zoning district;
(4) The removed sign is located in a special planning area designated in the 1999
comprehensive plan; or
(5) The removed copy and graphic area is equal to or or greater than the area of the copy
and graphic area for which the enhanced dynamic display permit is sought.
(d) If the removed sign face is one for which a state permit is required by state law, the
applicant must surrendered its permit to the state upon removal of the sign. The sign that is the
subject of the enhanced dynamic display permit cannot begin to operate until proof is provided to
the city that the state permit has been surrendered.
(e) The applicant must agree in writing that no dynamic displays will ever be used on one
additional outdoor advertising sign that has a copy and graphic area of at least 288 square feet in
size. This agreement will be binding on the applicant and all future owners of the sign. If the sign
is subsequently removed or destroyed and not replaced, the holder of the enhanced dynamic
display permit is not required to substitute a different sign for the one that no longer exists.
2) If the applicant complies with the permit requirements noted above, the city will issue an
enhanced dynamic display permit for the designated outdoor advertising sign. This permit will
allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to
change no more frequently than once every eight seconds. The designated sign must meet all
other requirements of this ordinance.
(Added by Ord. 2007-21, adopted June 25, 2007)
15. Brightness Standards.
a) All signs must meet the following brightness standards in addition to those in subdivision 10:
1) No sign may be brighter than is necessary for clear and adequate visibility.
2) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle
driver with average eyesight or to otherwise interfere with the driver's operation of a motor
vehicle.
3) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an
official traffic sign, device or signal.
b) The person owning or controlling the sign must adjust the sign to meet the brightness
standards in accordance with the city's instructions. The adjustment must be made immediately
upon notice of non-compliance from the city. The person owning or controlling the sign may
appeal the city's determination through the following appeal procedure:
1) After making the adjustment required by the city, the person owning or controlling the sign
may appeal the city's determination by delivering a written appeal to the city clerk within 10
days after the city's non-compliance notice. The written appeal must include the name of a
person unrelated to the person and business making the appeal, who will serve on the appeal
panel.
2) Within five business days after receiving the appeal, the city must name a person who is
not an official or employee of the city to serve on the appeal panel. Within five business days
after the city names its representative, the city's representative must contact the sign owner's
representative, and the two of them must appoint a third member to the panel, who has no
relationship to either party.
3) The appeal panel may develop its own rules of procedure,but it must hold a hearing within
five business days after the third member is appointed. The city and the sign owner must be
given the opportunity to present testimony, and the panel may hold the hearing, or a portion of it,
at the sign location. The panel must issue its decision on what level of brightness is needed to
meet the brightness standards within five business days after the hearing commences. The
decision will be binding on both parties.
c) All signs installed after June 25, 2007 that will have illumination by a means other than
natural light must be equipped with a mechanism that automatically adjusts the brightness in
response to ambient conditions. These signs must also be equipped with a means to immediately
turn off the display or lighting if it malfunctions, and the sign owner or operator must
immediately turn off the sign or lighting when notified by the city that it is not complying with
the standards in this section.
(Added by Ord. 2007-21, adopted June 25, 2007
Stillwater Sign Regulations EXHIBIT 5
DIVISION 2. RESIDENTIAL AND NON-RESIDENTIAL STANDARDS Page 3 of 7
(k) Temporary signs advertising garage sales are permitted,provided that:
(1) the signs not exceed four(4)square feet;and
(2) may not be more than three(3)feet in height above grade;and
(3) are removed the same day when the sale closes for each day;and
(4) are permitted by the owner of the property on which they are placed;and
(5) no more than two garage sales per year are held by any address in any
calendar year;and each sale may not last longer than three days;and
(6) no sign may be placed upon the right-of-way nor in parks or on public property
in a manner that creates a nuisance to adjacent owners,creates a safety
hazard or blocks the view of entrances to streets or intersections.
(I) Temporary real estate"open house"signs may be placed in the right of way provided
that:
(1) The sign not be placed in a manner that creates a nuisance to adjacent
owners,does not create a safety hazard or block the view of entrances to
streets or intersections.
(2) A sign may be placed one-half hour before the open house and must be
removed each day immediately after the open house closes.
(3) A maximum of four signs in residential zoning district for each open house.
(4) A sign must not exceed six square feet.
(5) Signs are limited to a four block radius of the open house.
Subd.5.Prohibited signs.The following signs are prohibited in all zoning districts:
(a) Any sign that obstructs the vision of drivers or pedestrians or detracts from the
visibility of any official traffic control device.
(b) Any sign that contains or imitates an official traffic sign or signal,except for private,on
-premises directional signs.
(c) Off-premises advertising signs except as regulated by this Section 31-509
(d) Any sign that moves or rotates including electronic reader board signs,except
approved time and temperature information signs and barber poles.
(e) No sign may display any moving parts,be illuminated with any flashing or intermittent
lights or may be animated,except time and temperature information.All displays must
be shielded to prevent any light from impairing the vision of any driver.No device may
be illuminated to obscure an official traffic sign or signal.This includes indoor signs
which are visible from public streets.
(f) Roof signs.
(9) Any sign with banners,pennants,ribbons,streamers,string of light bulbs,spinners or
similar devices,except where used for noncommercial purposes or as part of an
approved sign plan.
(h) Portable signs including signs with wheels removed,attached temporarily or
permanently to the ground.Signs mounted on a vehicle for advertising purposes,
parked and visible from the public right-of-way,except signs identifying the related
business when the vehicle is being used on the normal day-to-day operations of that
business.Hot air or gas filled balloons or semitruck umbrellas used for advertising.
(i) Signs painted directly on building walls unless approved by sign permit.
(i) Illuminated signs or spotlights giving off an intermittent or rotating beam.
(k) Revolving beacons,beamed lights or similar devices.
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Woodbury Sign Regulations EXHIBIT 6
Municode Page 17 of 26
All signs not specifically allowed by this chapter are prohibited except as allowed by section
18.5-96 for temporary special events.It is unlawful to erect,reconstruct,alter,maintain or place the
following types of signs:
(1) Bench signs.
(2) Bus shelter signs.
(3) Flying signs,such as blimps or kites,designed to be kept aloft by mechanical,wind,
chemical or hot air means.
(4) Home occupation signs.
(5) Inflatable signs,including but not limited to balloons.
(6) Motion signs.
(7) Odor.Signs which emit any odor,noise or visible matter other than light.
(8) Off-site signs,except as specifically allowed by this chapter.
(9) Painted signs.Signs painted directly on a building,fence,tree,stone or similar object.
(10) Pennants.
(11) Pornographic signs.
(12) Portable signs.
(13) Projecting signs.
(14) Right-of-way.Signs are prohibited in public right-of-way except for governmental signs
or other signs specifically allowed by this chapter.
(15) Roof signs.
(16) Signs bearing misleading or false information or information inconsistent with the
zoning or other regulations.
(17) Utility poles.Signs are not allowed on utility poles.
(18) Vehicle signs.A vehicle may not be used as a sign or as the base for a sign where the
primary purpose of the vehicle in that location is its use as a sign.
{Ord No. 1641,§1641 02, 1-10-96;Ord No. 1816,§1816 01,3-11-2009)
Sec. 18.5-45.-Reader board and electronic display signs.
Reader board or electronic display signs may occupy the sign area allowed for freestanding
or wall signs.Electronic display signs may only be permitted with an interim conditional use permit.
Messages shall not change more than once per day.
(Ord.No. 1832.§1832.01.4-28-2010)
Sec. 18.5-46. -Setback.
Signs shall be at least 15 feet from the property line unless specifically allowed a different
setback.
(Ord.No. 1641.§1641.02, 1-10-96)
Sec. 18.5-47.-Sign identification tag.
A sign identification tag identifying the owner,their address and phone number must be
placed in the lower left corner of all off-site signs erected for more than 30 days.
(Ord.No 1641.§ 1641 02, 1-10-96)
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Freestanding sign means any sign not affixed to a building including,but not limited to,a
ground-mounted sign,detached sign,pole sign,pylon sign or monument sign.
Freeway means Interstate 94 or Interstate 494.
Garage sale sign or yard sale sign means a temporary,on-site sign advertising a garage,
yard or similar sale.
Governmental sign means a sign which is erected by a governmental unit for the purpose of
directing or guiding traffic or any sign owned or erected by the city.
Grade means the elevation of the finished surface of the ground or paving at the base of the
sign.
Height of freestanding sign means the actual distance from the grade to the highest point of
the sign,or any structure or architectural component of the sign.
Home occupation sign means a sign located at a residence advertising a business
conducted in the residence or by persons residing in the residence.
Illuminated sign means a sign illuminated with artificial light by any means,whether internal
or external.
Inflatable sign means any object enlarged or inflated which floats,is tethered in the air,or is
located on the ground or on a building.
Informational sign means a sign erected for the safety or convenience of the public including
but not limited to"Restrooms","Telephone","Danger","No Smoking","Manager's Office",and other
signs that do not promote or advertise a business,property or product.
Institutional sign means any on-site sign which identifies the name and other characteristics
of a public or private institution including but not limited to place of worship,school or government
facility.
Marquee means a roof or canopy-like structure projecting over an entrance to a theater or
similar building.
Memorial sign means a noncommercial sign erected in remembrance of any historic
occasion or occurrence of significance to the general public.
Menu/order board sign means a sign installed in a drive-through facility and intended for
drive-through customers that advertises the products available at the facility.
Motion sign means any sign that revolves,rotates,flashing or changing lights,reflective
material,any material that gives the illusion of motion,has any moving parts,search lights used for
advertising or changes the message or display automatically.
Nonconforming sign means a sign which lawfully existed prior to January 10,1996 but does
not conform to this chapter.
Nonprofit organization means an organization meeting the requirements of Internal Revenue
Code Section 501(c).
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Directional sign means an on-site sign designed to guide vehicular or pedestrian traffic that
does not promote or advertise a business,property or product.
DRIVE
TI{RU
Directory sign means a sign listing the names and locations of occupants or activities
conducted within a building or group of buildings that does not otherwise promote or advertise a
business,property or product.
Electronic display sign is a permanent sign capable of displaying words,symbols,figures or
images that uses an electronic display created through the use of a pattern of lights in a dot matrix
configuration,LED(light emitting diode)or digital technology which allows for the sign face to
intermittently change the image without having to physically or mechanically replace the sign face.
Entrance monument sign means a sign identifying a residential neighborhood or subdivision
or a multiple residential complex consisting of three or more dwellings.
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