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HomeMy WebLinkAbout2015-07-09 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, July 9, 2015 7:00 P.M. I. Call to Order II. Approval of Agenda III. Approve June 11, 2015 Planning Commission Meeting Minutes (1) IV. Department/Commission Liaison/ Other Reports V. Visitors/Public Comment This is an opportunity for the public to address the Commission with questions or concerns not on the agenda. Please limit comments to three minutes. VI. Public Hearings A. Joseph's Restaurant— 14608 60th St. N. Site Plan&Design Guidelines Review Related to Proposed Building, Parking& Landscape Improvements. (2) VII. New Business VIII. Old Business A. Oak Park Heights—Sign Revisions (3) IX. Informational ➢ Party In The Park/National Night Out @ Brekke Park—5500 Omar Ave. N. Tuesday,August 4th—4:30 p.m. to 6:30 p.m. A. Upcoming Meetings: • Tuesday, July 28, 2015 City Council 7:00 p.m./City Hall • Thursday, August 13, 2015 Planning Commission 7:00 p.m./City Hall • Tuesday, August 25, 2015 City Council 7:00 p.m./City Hall B. Council Representative • Tuesday,July 28 28, 2015—Commissioner Thurmes • Tuesday, August 25, 2015 —Commissioner Anthony • Tuesday, September 22, 2015 —Commissioner Bye X. Adjourn. ENCLOSURE A..1 CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday,June 11, 2015—Oak Park Heights City Hall Call to Order: Chair Kremer called the meeting to order at 7:00 p.m. Present: Commissioners Anthony,Bye,Nelson(arrived at 7:02 p.m.),and Kremer;City Planner Richards and Commission Liaison Liljegren. Absent: Commissioner Thurmes and City Administrator Johnson. II. Approval of Agenda: Commissioner Anthony, seconded by Commissioner Bye, moved to approve the Agenda as presented. Carried 3 —0. III. Approval of April 16, 2015 Meeting Minutes: Commissioner Bye, seconded by Commissioner Anthony, moved to approve the Minutes as presented. Carried 3 - 0. IV. Department/Commission Liaison/Other Reports: Commission Liaison Liljegren informed the Commission that the revised Planning Commission meeting date change was approved by City Council. V. Visitors/Public Comment: None. VI. Public Hearings: None. VII. New Business: None. VIII. Old Business: A. Oak Park Heights—Sign Revisions: City Planner Richards reviewed his Memorandum of June 4, 2015 related to sign regulations and possible revisions to them. He noted that the issue has been to provide adequate visibility along the Highway 36 corridor and sign packages for big box retailers and auto dealerships, which recent applicants have had to seek variances to allow. Richards stated that the City should determine if there is a better approach toward sign regulations as they relate to these businesses. Richards reviewed a work plan for the review of the Ordinance and compared several other community sign ordinances with the City of Oak Park Heights regulations. He asked for discussion from the Commission as to how the City could make its regulations easier to interpret and implement. Planning Commission Minutes June 11,2015 Page 2 of 3 Discussion ensued as to having ordinance requirements that state clearly what the City wants and is grounded in findings of fact about what the City wants the Community to be and is simple so that anyone can read it and understand what is allowed. Commissioner Kremer indicated that he felt the ordinance should be rewritten, starting by defining what a sign is and proceeding from there by defining what the City wants the community to be like and attaching the ordinance to that. Richards noted that the Building Official has expressed desire to see the special event signage section of the Ordinance be reviewed and revised, noting that this section could also be reviewed and simplified for understanding. Continued discussion was had as to simplification of the language,need for definitions and their use in enforcement,how the comparable communities compare with Oak Park Heights,revise versus re-writing of the ordinance,removal of redundancy and improving language for easier understanding, utilizing formulas for allowable amount of signage, some of the restrictions currently in place for special event signs such as dictating sizing of balloons, types of promotional signage being utilized, when special event sign permits are required, at what point a public hearing should be held in the discussion, impact of sign versus the type of sign, some of the historical context for the current language , how signage and promotions have changed and whether or not doing a separate section geared toward automotive dealerships and big box retailers had merit. Liljegren clarified that the Council was seeking to have the Planning Commission address the visual challenge issues that have come up, stating that some standards that are considered acceptable should be clarified and addressed within the ordinance. Richards will work on cleaning the language up and removing redundancy and will talk with staff as to the special event sign section. He suggested that if the Commission wished to suggest specific"redline"revisions, they do so and send them onto him by July 1St Chair Kremer noted that it would be nice to have businesses at the public hearing to provide feedback on the proposed changes. IX. Informational: Commissioner Anthony inquired about a path at the west side of Oakgreen running from 56th St. to 58th St., noting that it would make sense,particularly in light of all of the other new trails and connections being put into place. Commissioner Nelson noted that she will not be able to serve as the Council Representative at the June 23rd City Council meeting. Planning Commission Minutes June 11,2015 Page 3 of 3 A. Upcoming Meetings: • Tuesday, April 28, 2015 City Council 7:00 p.m./City Hall • Thursday, May 14, 2015 Planning Commission 7:00 p.m./City Hall • Tuesday, May 26, 2015 City Council 7:00 p.m./City Hall • Tuesday, June 9, 2015 City Council 7:00 p.m./City Hall • Thursday, June 11, 2015 Planning Commission 7:00 p.m./City Hall B. Council Representative • Tuesday, April 28, 2015 —Commissioner Bye • Tuesday, May 26, 2015—Commissioner Kremer • Tuesday, June 23, 2015—Commissioner Nelson X. Adjourn. Commissioner Bye, seconded by Commissioner Nelson moved to adjourn. Carried 4—0. Respectfully submitted, Julie Hultman Planning& Code Enforcement Approved by the Planning Commission: TPC3601 Thurston Avenue N, Suite 100 ENCLOSURE Anoka, MN 553032 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: July 1, 2015 RE: Oak Park Heights — Joseph's Restaurant — Design Guidelines and Site Plan Review— 14608 60th Street North TPC FILE: 236.02 — 15.03 BACKGROUND Joseph Kohler has made application for Design Guidelines/Site Plan Review for the Joseph's Restaurant at 14608 60th Street North. The application consists of requests for Design Standards and site plan review for a remodel to the building as well as parking lot and landscape improvements. The interior and exterior of the building will be remodeled. The site layout will not change. EXHIBITS The review is based upon the following submittals: Exhibit 1: Applicant's Narrative, June 10, 2015 Exhibit 2: Title Sheet (T1) Exhibit 3: Certificate of Survey Exhibit 4: Proposed Site Plan (AS.1) Exhibit 5: Proposed Landscape Island (AS.2) Exhibit 6: South Elevation (A3.0) Exhibit 7: East Elevation (A3.1) Exhibit 8: North Elevation (A3.2) Exhibit 9: Trash Enclosure (A3.3) Exhibit 10: South Elevation - Color(A3.0) Exhibit 11: East Elevation - Color(A3.1) Exhibit 12: North Elevation Color(A3.2) Exhibit 13: Lighting Specifications (1) Exhibit 14: Lighting Specifications (2) Exhibit 15: Roof Screen Specifications Exhibit 16: Pylon Sign Exhibit 17: Report of the City Arborist, June 25, 2015 PROJECT DESCRIPTION The applicant's narrative for the project is found as Exhibit 1. Our proposal for Joseph's Restaurant is one the focuses on the updating the exterior to represent the new restaurant concept that is currently under construction. The new architecture will eliminate the dated mansard roof(to be removed) along with the elimination of the "clock tower"— Big Ben identifier. Our proposal reflects a combination of brick and wood panels, along with new goose neck light fixtures. This new exterior concept will enhance the current building architecture as well as improve the neighborhood. Our proposal also includes a new landscape island entrance along the south façade as well as improved handicap accessibility. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The continued use of the site as a restaurant is consistent with the Comprehensive Plan. Zoning. The property is zoned B-2 General Business District. Restaurants are a permitted use in the B-2 Limited Business District. Changes to the exterior of the building and the site changes require Design Guidelines and Site Plan review. Subdivision. There are no changes requested related to the lot or easements. Setbacks. The building setbacks are not changing with remodel. No changes are proposed in the parking lot other than the landscape island at the entrance to the building. Traffic Circulation/Curb Cuts. The site will continue to be accessed by 60th Street North at the south end of the property. There are no changes to site access. Parking. The site plan indicates that there are 56 parking stalls currently on site. With the changes to the front entrance, it appears that there will be 54 spaces after the improvements are completed. The site also has a cross access and parking easement with the property directly to the east. The Zoning Ordinance requires the following parking requirement for restaurants: 2 "At least one space for each 40 square feet of gross dining area and bar area and one space for each 80 square feet of kitchen area." The parking calculation for the building would be: Dining: 1,712 square feet/40 = 43 required parking stalls Kitchen: 704 square feet/ 80 = 9 required parking stalls Total = 52 required parking stalls There is adequate parking onsite with the revised seating plan for the restaurant. Landscaping. The only change to the landscaping for the site is a revised front entrance with plantings. The submitted landscape plan is subject to City Arborist review and approval. City Arborist comments are found as Exhibit 17 to this report. Lighting. The elevation plans indicate the installation of angled shade sconces on the building façade. The shades will be required to completely cover the light source in accordance with the Ordinance. There are additional freestanding lights on or attached to the building. These will be removed as part of the remodel. A freestanding light fixture at the south side of the property will need to be brought into conformance with the lighting standards. The Applicant shall provide plans related to that fixture and shall provide a photometric plan with the new fixture installation. Trash Storage. The plans show the location and design of the trash enclosure. The sides of the enclosure shall be wood and painted to match the building. The doors will be constructed of metal. Mechanical Screening. The plans indicate that the location and the type of screening for the mechanical equipment. It will be a louvered aluminum screen painted to match the building. Grading, Drainage, Erosion Control and Utilities. No changes are proposed to the parking lot or site that would require review and approval. Signage. Freestanding Sign. The applicant has proposed reusing the existing pylon sign structure but will replace the faces to include the new logo for Joseph's. The sign structure is grandfathered. The Applicant has indicated that the tower feature on the sign shall be removed. 3 Wall Signage. The elevation plans indicate one wall sign that would be 38 square feet. The sign is well within the allowances for a wall sign. Sign Illumination. The signs will be required to comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Design Guidelines Sustainable Guidelines The Applicant will need to discuss the methods in building construction and site design with the Planning Commission of how sustainability has been addressed. Architectural Guidelines Façade Treatments The building will have a definite base, middle and top. The façades feature differences in materials, horizontal and vertical lines, and a varied roof line to provide architectural interest. Ground Level Expression This is a one story building with excellent visibility to Highway 36. The entrances to the building will be clearly visible. Transparency The building uses glass on the three facades visible from the rights of way. The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The existing windows will remain and the transparency will not change. Entries The building features a prominent entry. Roof Design The roofline is broken into three segments with the raised parapet at the front entry. The rooftop mechanical equipment will be completely screened by the front parapet of the building and screening materials will be used on the other elevations. Building Materials and Colors The applicant has provided color elevations for review. The primary building materials of brick, wood panels and glass are featured on the three visible facades of the building. None of the prohibited building materials will be used. Building material samples will be available at the Planning Commission meeting. 4 Franchise Architecture The building is not a franchise design. Site Design Guidelines Building Placement The proposed building is well placed on the site and is a prominent feature along the Highway 36 corridor. Parking Areas The parking area will not be changed. Storm water There is no impact to storm water with this plan. Pedestrian and Common Space There currently is no sidewalk or trail in front of this site. Landscaping Building entrance plantings are required. The main entry includes a planting area. Trees/Shrubs The trees and shrubs used in the landscape plan shall be subject to the review and approval of the City Arborist. The Arborist has indicated that the plan is adequate for the site and the plant materials are appropriate. Utilites/Service/Loading/Drive-Through/Storage Areas The site plan is not changing that would impact these items. Lighting Addressed elsewhere in the planning report. Signage Addressed elsewhere in the planning report. Pedestrian/ Bicycle Routes A bike rack will be required. The applicant should identify a location. CONCLUSION / RECOMMENDATION Subject to the preceding review, City staff recommends approval of the Design Guidelines/Site Plan Review requests subject to the conditions that follow: 5 it 1. The Applicant shall provide plans for updating the freestanding parking lot light fixture to comply with lighting requirements and provide a photometric plan. 2. All light fixtures shall be full cut off, and be consistent with Section 401.15.8.7 of the Zoning Ordinance as it relates to lighting requirements. 3. The Planning Commission shall comment on the building design and building materials. The applicant shall provide building material samples for Planning Commission review. 4. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 5. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 6. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 7. The landscape plan shall be subject to the review and approval of the City Arborist. 8. A bike rack should be identified on the site plan and placed on site. pc: Julie Hultman 6 EXHIBIT 1 Our proposal for Joseph's Restaurant is one that focuses on the updating the exterior to represent the new restaurant concept that is currently under construction. This new architecture will eliminate the dated mansard roof(to be removed)along with the elimination of the "clock tower"—Big Ben identifier. Our proposal reflects a combination of brick and wood panels,along with new goose neck light fixtures. This new exterior concept will enhance the current building architecture as well as improving the neighborhoods asters. 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I�IJ $ c °'1l'i Pii iiil1 =1 111,1—lll i II'a9Y a tl■.a!a if,a!i.i L i'l'il■ _Ii11l111ll—, i _lIiI1111 ONE,:. 1 t 9 °illllI l'iII £ =,4.0If1!1l!1!I!I el!i'_t'. of iiililiilil =Ei1 F ?'I11'11.11'I _ =iillllilillY'!llli —ili' EP -1,!ili!ililiii!i111 Mill* 1 0 0 P Ili q • W• ., 3 6 O 4 „ 4-1 1 L: 411, CNI Cr) :::: fg I 111111 111- kJ Ei7 tE5 Hifi ;e: : • "J. IIII c,1 ca cy 18 , mg gm • I 11 II \\1\ b gg LJ 11 3 z Vintage French Farmhouse Sconce Page 1 of 1 EXHIBIT 13 VINTAGE FRENCH FARMHOUSE SCONCE $229-$389 The graceful yet hardworking design of an antique j French farmhouse fixture is echoed in this sconce. A bell-shaped metal shade focuses the light it casts,and weathered-metal fittings capture the patina of the original. Bide nrodurt details, • Made of steel and aluminum • Matte black grey enamel,and warm white shades have white interiors • Weathered zinc and weathered rust shade have matching interiors • Matte black grey enamel and warm white shades have distressed aluminum caps 10"sconce uses one 60 max.bulb(sold separately) • 14"sconce uses one 75W max.bulb(sold separately) • 18"sconce uses one 100W max.bulb(sold separately) • Wet UL listed:suitable for use indoors or outdoors,including areas that receive direct contact with rain,snow or excessive moisture • Hardwire • Dimmer switch compatible DIMENSIONS 10"Sconce:10"W x 1414"D x 1214"H 14"Sconce:14"W x 21WD x 1712"H 18"Sconce:18"W x 25"D x 22"H Shown in weathered zinc. Finish Options U .- warm Weathered Weathered Grey Matte White Zinc Rust Enamel Black VINTAGE FRENCH FARMHOUSE SCONCE $229-$389 SIZE FINISH PRICE QUANTITY Choose Size Q Choose Finish 0 0 0 BOOKMARK 8,SHARE Tweet ADD TO CART RH FINANCING* SPEND$3000 OR MORE, PAY AS LITTLE AS$45 PER MONTH ON YOUR RH CREDIT CARD" 5.99%APR FOR 84 MONTHS,24.99%(VARIABLE)THEREAFTER". APPLY NOW OR IN OUR GALLERIES.sot DETAILS https://www.restorationhardware.com/catalog/product/product.j sp?productId=prod302002... 6/17/2015 Vintage Barn Angled Shade Sconce Page 1 of 1 'EXHIBIT 1 4 VINTAGE BARN ANGLED SHADE SCONCE 4219 $279 $139-$279 Select Items On Final Sale All the functional style of the enameled fixture that's illuminated American barns for the last century,redesigned with an angled shade that directs light where you need it. }aide product details, • Made of steel and aluminum • Weathered zinc shade has weathered zinc cap • Reflector finish matches exterior finish of shade Uses one 60W max.standard Edison bulb(sold separately) • Wet UL listed:suitable for use indoors or outdoors,including areas that receive direct contact with rain,snow or excessive moisture • Hardwire DIMENSIONS Small:shade,9a/4"diam.;8"W x 20"D x 18"H overall; 9 lbs. Medium:shade,113/4'diam.;8"W x 23"D x 22"H overall;10 lbs. Finish Options Shown in weathered zinc. 111 ■ Warm Antique Weathered Bronze Weathered White Brass Zinc Rust ■ Grey Matte Polished Enamel Black Nickel VINTAGE BARN ANGLED SHADE SCONCE 4219 4279 $139-$279 Select Items On Final Sale SIZE FINISH PRICE QUANTITY Choose Size Q Choose Finish 0 Q ECO HALOGEN EDISON FROST BULB(SET OF 2)-4"L $5.50 See all product details, WATTAGE PRICE QUANTITY Choose Wattage ''-'l 0 Q FBOOKMARK&SHARE Tweet ADD TO CART RH FINANCING* SPEND S3000 OR MORE,PAY AS LITTLE AS$45 PER MONTH ON YOUR RH CREDI CARD" 5.99%APR FOR 84 MONTHS,24.99%(VARIABLE)THEREAFTER"' APPLY NOW OR IN OUR GALLERIES.SEE DETAILS https://www.restorationhardware.com/catalog/product/product jsp?productId=prod287004... 6/17/2015 EXHIBIT 1 5 PRODUCT DATA SHEET ® RoofScreen VisionGuardTM L20 Slatted Louver www.roofscreen.com Updated 10.29.2014 VisionGuardTM L20 Slatted Louver Description: VisionGuard'"'Slatted Louvers are 90°flat face louvers designed for architectural and vision proofing applications.The continuous blade design with concealed snap-in retainer clips eliminates the need for unsightly vertical mullions. Physical Characteristics: • Louvers:6063-T6 extruded aluminum.100"thick. • Clips:6063-T6 extruded aluminum.125"thick. • Vertical Tree:6063-T6 extruded aluminum 3"x 3"x.188" • Fasteners:#12-24 x 1.25"Tek 5 self-drilling n M screw. o*'1 O N 1 2.90 / ° t ' DI 0.492 - y� 1.750 i :Sr o :/ o O o tij co 0 1 2.783 / / '-1 \ '( LOUVER tn j j LOUVER CUP 0 3" X3" X0.188" 1.000 1' co LOUVER TREE ko Application: VisionGuard""Slatted Louvers are mounted to vertical supports referred to as trees.Trees are aluminum angles, pre-assembled with clips to achieve the desired vertical louver blade spacing.Standard blade spacing is 6"with a Y2"gap between blades allowing some daylight to be seen for a lattice type aesthetic.Custom blade spacing is available upon request. Louvers may be installed on any type of structure capable of supporting the trees adequately. Distance between trees is determined by the maximum spanning distance of the louver blades(see table below).Maximum vertical spanning distance of trees is 5',or as indicated in project calculations. 1 7\1bIT 1 k . K in c I- , »® \ » . \ . . . 4E4 it. 001111V w ; . . y » : « •« \. |( ) \ . \ \ » \ �\ /� ^ ^ \ � ! ! } � ' ! ' 2 ! y s / ' ! !1 - s \ ; , . } 1 `' / z v, ' 1 i � 11111 ! « UNI \ } .. . « \ »° Pit IX Julie Hultman EXHIBIT 1 7 From: K.D.Widin <kdwidin @comcast.net> Sent: Thursday,June 25, 2015 11:32 AM To: Eric Johnson; Mark Vierling (E-mail);Andrew Kegley; Betty Caruso;Julie Hultman; Scott Richards; Chris Long;Jennifer Pinski; Lisa Danielson Subject: 'Joseph's Restaurant - Landscape Plan OPH Staff- I have reviewed the landscape plan for the project at Joseph's Restaurant,plans dated 7/9/15(?),Site Review Mtg.with developer 6/24/15. The landscaping for the entrance island is minimal but complements the design,site and function for landscape plants in that area. The plants chosen have proven to do well in similar landscape areas in this climate and they are attractive, have few insect and disease problems, and are relatively maintenance-free. I have discussed this review with Lisa Danielson,who will be taking over the Arborist position the middle of August,and she agrees with the review. Please contact me if you have any questions regarding this review. Please forward my comments to the developer. Kathy Widin Forestry Consultant/Arborist City of Oak Park Heights 1 TPC3601 Thurston Avenue N, Suite 100 EJY.O Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC @PlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: July 1, 2015 RE: Oak Park Heights — Sign Revisions TPC FILE: 236.12 At their June 11, 2015 meeting the Planning Commission discussed the work program and issues related to the sign regulations. It was agreed that the sign ordinance should be revised so that it is simplified and a more user friendly document. Please find attached a draft of the revisions that have been completed so far. Some sections have not been revised at this time pending additional discussion by the Planning Commission. The language in bold represents new language and the language to be removed is struck. Comments from Chair Kremer and Commissioner Nelson are attached. These should be discussed by the Planning Commission. Please find a summary of the revisions that have been made so far: 401.15.G.1 (Page 1) Changes to the findings have been made following the suggestions by Chair Kremer. 401.15.G.4 (Page 3) No changes have been made to the definitions section at this point. City Attorney Mark Vierling has indicated that definitions of terms in the sign ordinance cannot be completely eliminated. We can, however, eliminate some of the defined terms if the dictionary definition is adequate for the purposes of the sign ordinance. We will revisit the definitions at the end of the process. 401.15.G.5 (Pages 9-10) Changes have been made to the general provisions following the suggestions of Chair Kremer. The suggestions related to sign lighting should be discussed further with the Planning Commission. 401.15.G.6 (Pages 11-12) Many of the provisions, especially related to subdivision and building lease signage needed to be eliminated or consolidated. It was far too detailed for what is needed in Oak Park Heights. 401.15.G.8 (Pages 15-17) After discussions with Julie Hultman, who does sign enforcement for the City, the provisions related to number of special events per year was eliminated. The number of days per year was kept. The descriptions of the types of permitted signs and displays were simplified. 401.15.G.9 (Pages 19-27) 1. The changeable copy section was removed from each of the District standards and moved to one place in the ordinance: 401.15.G.11 on Pages 30-31. 2. Starting in the business and industrial standards on Page 22, the provisions were revised to allow for the amount of signage based upon building size. This is the most significant change to the ordinance and should simplify it considerably. I am in the process of pulling out sign plans for businesses that have been approved to determine how these standards would apply. 3. The Planning Commission should discuss whether the multi-tenant building standards and Destination Retail Highway, and other special district standards should be incorporated here or in a separate section as it is currently. 401.15.G.10 (Pages 27-30) No changes have been made to the Special District Provisions. I would like to discuss these standards with the Planning Commission further. Conclusion The Planning Commission should review the comments from Chair Kremer and Commissioner Nelson, and first talk about the overall format and content of the ordinance. Then we should discuss the more specific sections and changes that have been put forward. 2 Draft—July 1, 2015 12'17 401.15.G. Signs. 401.15.G.1. FINDINGS, PURPOSE AND EFFECT: a. Findings: The City finds: welfaf 1) Oak Park Heights is located on the Minnesota and Wisconsin border with the St Croix River separating the two states. Upon completion of the St Croix Crossing in the fall of 2016, Highway 36 will provide an increasingly important connection between the Twin Cities metropolitan area and western Wisconsin. The result will be growth in the Oak Park Heights business community and a continuing need for signage and advertising devises. 2) The City Code has included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of physical characteristics of signs within the City has had a positive impact on traffic safety and the overall appearance of the community. b. Purpose and intent: It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this ordinance is to: 1) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. 1 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. 2 33401.15.G.4. DEFINITIONS. Note: The sign definitions are included in Section 401.02B. This section could be eliminated. 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. 3 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. 33 14. Changeable Copy Sign, Electronic and Manual: A sign or portion thereof that displays electronic, non-pictorial 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. Manual signs include those with characters, letters or illustrations that can be changed or rearranged manually without altering the face or the surface of the sign. 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. 33 17. 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. 33 18. 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, re-pixelization or dissolve modes. 4 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 building or other objects. 19. Flag: A piece of cloth or bunting varying in color and design, used as a symbol, standard, emblem, or insignia. 20. 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. 21. Freestanding Sign: A self-supported sign not affixed to another structure. 22. 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. 23. Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. 24. 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. 25. Marquee: See canopy. 26. 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. 27. 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. 28. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives illusion of motion. 29. Multi-Faced Sign: Any sign with a sign face oriented to more than two (2) directions. 5 33 30. 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. 31. Neon Sign: Any sign that utilizes a brightly colored gas discharge lamp without filaments that is bent into letters or designs. 32. 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. 33. 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. 33 34. 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. 35. On-Premises Messages: Identify or advertise an establishment, person, activity, goods, products or services located on the premises where the sign was installed. 36. Opaque: A degree of obscuration of light. 37. Parapet: A low protective wall which is located along the edge of a roof on a building. 38. 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. 39. 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. 6 40. 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. 41. Principal Frontage: The wall of the principal building on a lot which fronts toward the principal public streets. 42. Projecting Sign: A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. 43. Public Entrance: Any passage or opening which affords entry and access to the general public or customer. 44. Public Entrance, Common: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants. 45. 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. 46. Ribbons or Streamers: Long or varied lengths of flexible material used to decorate. 47. Roof Line: The top of the cornice or, when the building has a pitched roof, the intersection of the outside wall with the roof. 48. 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. 49. Rotating Sign: A sign which revolves or rotates on its axis by mechanical means. 50. 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. 51. 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. 52. Sign Area: The surface of the sign upon, against or through which the message of the sign is exhibited. 7 53. 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. 54. Sign Structure: The supports, uprights, bracing and framework for a sign. 55. Special Events: A temporary indoor or outdoor promotional or sales event. 56. 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. 57. 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. 58. 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. 59. 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. 60. Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. 61. UL Approved: A device which has been approved by the "Underwriters' Laboratories". 33 62. 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 or 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. 8 63. 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. 64. Wall Graphics: A sign painted directly on an exterior wall. 65. Window Sign:A temporary sign affixed to the outside or inside of a window r 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 Maintenance. Message. Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are 9 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 ance. All electrical service wiring shall be buried. Hours of Operation. Signs in the R-B, B-1, B-2, B-3, B-4, B-W, and I Districts may only be illuminated during business hours, or until eleven o'clock (11:00) PM, whichever is later. j. External Lighting. Signs with external lighting shall have no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. k. Internal Lighting. Signs with internal lighting shall include illumination of only the text and/or logo portion of the message. Back lighting of signage on fabric awnings is prohibited. Neon. Neon signs shall be limited to channel letter signs, logos, and permanent window signage in the R-B, B-1, B-2, B-3, B-4, B-W and I Districts. m. Setbacks. No part of a sign or sign structure shall be placed closer to the property line than five (5) feet. No sign shall be positioned so that it impacts or is exposed to residential uses or districts along adjoining side and rear yard property lines. n. Flags. No more than three (3)flags may be displayed outside of a building. This number may, however, be increased provided an interim use permit is issued in compliance with Section 401.05 of this Ordinance. a-t nd the Where appropriate, the U.S. Flag Code, Minnesota Statutes or Executive Order shall apply to Federal and/or State flag displays. . - 2) Where appropriate, the U.S. Flag Code, Minnesota Statutes or 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. 10 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) One sign shall be allowed per street frontage when the building or site is under construction or offered for sale or lease provided that: a) The sign area shall not exceed thirty two (32) square feet. b) Freestanding signs shall be limited to a maximum height of eight (8) feet. c) The sign shall not be illuminated. 11 d) Such sign shall be removed within one year of the date of issuance of a building permit or when the project is completed, whichever is sooner. 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) Such sign shall be removed within one year of the date of issuance of a building permit or when the project is completed, whichever is sooner. four(24) months from the date a permit is issued for the sign whichever is less restrictive. a) Not more than one (1) sign shall be allowed at each entrance 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 sign(s) are to be located on outlots, tho outlots shall bo 12 - • area around the sign shall be landscaped in such a sensitive to the natural features of the site. Detailed site and highest quality materials and workmanship to keep compatible with nearby structures in the area. Detailed provided-that . . _ _ • b) The area of the sign shall not exceed sixty four(64) square feet. eight (8) feet. 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. 13 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. 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. 33 r. Dynamic display signs. 33 s. Electronic graphic display signs. 33 t. Multivision signs 33 u. Video display signs. 14 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. 19 b. Number of Events. The business or applicant in all business and industrial 22 zoning districts, as well as each public and institutional use in residential districts(except for the areas within the Destination Retail Highway District as indicated in Section 401.15.G.8.c), shall be allowed calendar year. The total number of a total of fifty(50)special event days in acalendaryear _ - e _ .-- _ _ __ • . . . __ 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 nFetve (12) sales events per calendar year. The total number allowed a total of one hundred eighty(180) of special event days in a calendar year et _- - _ e ' - ' - 'e :e :.e ' : e e - 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. be-allowed. messages. 2) Tents. 15 a) Tents, including all ties, ropes, stakes, etc., shall be located 31 3) Bannerettes and Pennants. a) Bannerettes and pennants may be attached to poles, tents, fl c) Bannerettes shall be smaller than any United States flag on 4) Banners. a) Banners may be attached to poles, tents, and buildings, 22 b) No more than two (2) banners shall be allowed, except for the 22 . A ! e . . - - - - - (28) square feet as long as the total size of the banners does 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: 16 31,33 1) Animated signs, dynamic display signs, electronic graphic display signs, Multivision signs, video display signs, light bulb strings, portable signs, ribbons, and streamers. 2) Displays or special features on any landscaped areas or on roofs. 3) Aerial rides. 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-1B, R-1C, 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. 17 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: 18 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. 33 5) Changeable Copy Signs— Manual and Electronic— Non-Residential Uses in the 0, Open Space Conservation District as regulated in Section 401.15. ) of this Ordinance. a) Onc manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential d istrist (3) The changeable copy portion of the sign shall not (4) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature shall 6) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being 19 properties, buildings or streets. b) 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. c) Signs-ueing fluorescent, neon or incandescent light sources shall not exceed twelvo (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with those subsoctions and 401.15.G.5 of this Ordinance upon request by the zoning administrator. 7) 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. 33 4) Changeable Copy Signs — Manual and Electronic— P/I, Public Institutional District as regulated in Section 401.15 of this Ordinance. 20 a) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet district (3) The changeable copy portion of the sign shall not (4) The sign message shall not change loss than every ten change not less than ovcry three (3) seconds. 5) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being b) 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. c) Signs-using fluorescent, neon or incandescent light sources shall not exceed twelve (12)watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with these subsections and'01.15.G.5 of this Ordinance upon request by the zoning administrator. 21 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. 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: Column A Column B Column C Allowable Percentage Total Sign-Area4 llowable2) Allowable 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 100 SF Footnotes: 44 . e _ 2) Freestanding Signs. a) Size of sign permitted is determined by the gross square footage of the principal structure located in the development. b) A maximum of one (1) freestanding sign is allowed upon any single lot. -•- - - - - = -==e - - ' - 'e - !e - - - - = -- - - - - - - - _ _ • - ! - - . The freestanding sign base shall be surrounded with a landscaped area containing decorative shrubbery and/or flower materials. c) Two(2)additional freestanding signs may be allowed provided they are in compliance with the following standards: 22 (1) The signs are constructed as a monument sign-and (2) Decorative shrubbery and/or flowers must be incorporated as a part of the monument design and are maintained on a regular basis. for-the-let. a slope of three to one (3:1) whore the borming Landscaping shall be provided on the slopes of tho r with a similar attractive A . 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 allowable sign area pursuant to Suction 401.15.G.6 of this Al • d) The following table lists the maximum size and heights for permitted signs in the B-2 District, B-3 District, B-4 District, B-W District and I District: Pylon Monument Principal Structure Height Sign Size Height Copy and (Gross Square Feet) (feet) (square (feet) Graphic feet) (square feet) Greater than 200,0000 30 150 20 100 100,000 — 200,000 25 120 20 100 10,000 — 100,000 20 100 20 100 5,000 — 10,000 18 80 15 80 Less than 5,000 15 60 8 60 23 3) Wall Signs. a) Size of sign permitted is determined by the gross square footage of the principal structure located in the development. b) The maximum number of wall signs on any principal building shall be three (3) 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. c) The maximum number of wall signs allowed may be increased over three (3) two by conditional use permit for single occupancy buildings provided the following minimum standards are met: (1) There shall be no freestanding sign exceeding twenty (20)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 under Section 101.15.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 cignagc in exec= of the d) The following table lists the maximum size and heights for permitted signs in the B-2 District, B-3 District, B-4 District, B-W District and I District: Principal Structure Individual Wall Sign Total Wall Signage for (Gross Square Feet) Calculation Property Greater than 200,000 200 square feet or 10 300 square feet percent of wall face, whichever is less 100,000 — 200,000 150 square feet or 10 280 square feet percent of wall face, whichever is less 24 10,000 — 100,000 120 square feet or 10 240 square feet percent of wall face, whichever is less 5,000 — 10,000 100 square feet or 15 180 square feet percent of wall face, whichever is less Less than 5,000 80 square feet or 15 150 square feet percent of wall face, whichever is less * Zoning Zi^g Identi - Freestanding Wall Temp Recm Dist-let eaten kalinde Window AN Res: NOR- AN Res: Plea- w Uses Res: Uses Res: 0 — — 24 40; — 24 401 — 25%5 R 1/R 2 — — 322 40° — 324 404 — 2504,0 R-3 — — 24 40; — 24 404 — 25%6 R-5 4 40 — — 40 — — 1_044T 25°x6 84 4 40 — — 40 — — 40% 25%5 8-2 4 4503 — — —3 — — 40% 25%6 8-3 4 4-003 — — —a — — 40% 25%® 8-4 4 4003 — — —3 — — 40% 25%5 CAF 4 4005 — — —5 — — 45%; 25%6 1 4 4005 — — —5 — — 40% 25%° R4 — 40 — — 40 — — — 25%5•. .- - - - _ r. . -I ---_ - -- - -- - a0. - - :-. e...2 ---.- .- - a• -_._ - -- 25 Zoning Freestanding -Freestanding Wall Address District Monument 8 8 3.5 in. R 1!R 2 8 6 3 R-3 8 8 3.5 in. R-R 8 8 3 84 8 8 5i 8-2 8 20 3�ire 84 8 20 33 R-4 8 20 3 Rw 8 20 3 l 8 20 3�in R4 8 8 3ain 33 4) Changeable Copy Signs— Manual and Electronic as regulated in Section 401.15 of this Ordinance. a) Onc manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not copy and graphic area of the sign. (4) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature shall 33 5) Electronic Sign Illumination 26 a) Electronic signs shall be shielded to prevent lights from being properties, buildings or strects. b) 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. c) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be-equipped with a mechanism that automatically adjusts the brightnose to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with these subsections and 101.15.G.5 of this Ordinance upon request by the zoning administrator. 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. 27 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. 28 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 29 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 CHANGEABLE COPY SIGNS a. Manual and Electronic Changeable Copy Sign 1) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: 1) Changeable copy signs shall only be on freestanding signs. 2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty(50)feet from any side or rear lot line abutting a residential district. 3) The changeable copy portion of the sign shall not occupy more than thirty-five (35) percent of the actual copy and graphic area of the sign. 4) The sign message shall not change less than every ten(10)seconds. Hour, minute, date or temperature shall change not less than every three (3)seconds. 33 b. Electronic Sign Illumination 1) Electronic 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 30 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 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 these subsections and 401.15.G.5 of this Ordinance upon request by the zoning administrator. 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. 31 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. 32 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. 33 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. 34 2) Wall (cabinet).signs . A blank face shall be inserted in the cabinet. 9 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. 35 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. 36 Julie Hultman From: mb jim < Sent: Wednesday,June 17, 2015 8:00 PM To: scott@planningco.com;Julie Hultman; Eric Johnson Subject: The Signs of Oak Park Heights Attachments: Oak Park Heights, Signs 2.docx Follow Up Flag: Follow Up Due By: Wednesday,June 17, 2015 8:29 PM Flag Status: Flagged Scott: Attached is a first "run" at the first couple of sections of the sign ordinance. Hopefully, more shall follow. Carry on bravely. . .kremer 1 Introduction: (Replaces 401.15.G.1.) Oak Park Heights has approximately 5,000 residents. It is located on the Minnesota- Wisconsin border with Minnesota Highway 36 running through it and connecting the Twin Cities' metropolitan area with western Wisconsin. For many years Oak Park Heights was a city to be driven through on ones way to somewhere else. However, as Highway 36 has become a more important and busier link Oak Park Heights' business community has become more vibrant. This trend will no doubt continue and escalate in the next several decades. With the above in mind and in order to facilitate the commercial aspects of Oak Park Heights while continuing to maintain its small town atmosphere and feel the following ordinances concerning signs shall be promulgated. Definition: (Replaces 401.15.G.4) Sign: Something representing something else. Specifically, any letter, word, symbol, 9 9 9 poster, picture, statuary, reading matter or representation in nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, attached to or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. General Provisions. 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 Maintenance. (Changed from 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. All electrical service wiring shall be buried. (Underlined portion is taken from later in this section.) i. (The old i has become j.) Brightness of Electrical and/or Lighted Signs. (This section is simplified from Section 401.15.B.7. of the sign ordinance. It seems to fit better and make more sense here.) No light source or combination thereof which cast light on a public street shall exceed one (1)foot candle meter reading as measured from the 15-8 centerline of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four-tenths(0.4)foot candles as measured at the property line. Light intensity will be measured after dark with the light meter held six(6) inches above the ground with the meter facing the light source.A reading shall be taken with the light source on,then with the light source off.The difference between the two readings will be identified as the light intensity. j. Hours of Operation. (This is the old i.) 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. (The old j, External Lighting; k, Internal Lighting; and I, Neon have been omitted. It seems that the important and necessary portions of those sections are actually covered by h above,which deals with the electrical code.) k. Setbacks. (This is the old m.) No part of a sign or sign structure shall be placed closer to the property line than five(5)feet. In addition, 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. (The second sentence is the old p. It seems to belong here.) I. Flags. (The old n.) 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 minimum (Changed from 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. m. Angle Signs. (The old o.)The maximum angle permitted between faces of a double face freestanding sign is sixty(60) degrees,anything less is one (1)sign, anything more is two(2) signs. Julie Hultman From: mb jim Sent: Monday,June 29, 2015 10:50 AM To: scott @planningco.com; Eric Johnson;Julie Hultman Subject: Signs Guys: Its me again. I am sure that makes you very happy on a nice Monday morning. What if, after the definition section we did a section called "Types of Signs", describing the various types. (Eg: electronic or back lighted.) After that we could go through the various zones telling what types and sizes of signs are allowed in each zone. Zone B-1, for example, allows signs a, b and c, up to 100 square feet. With the above, an individual could look at what his/her property is zoned and easily see what signs would be within our code. I shall not bother you about this again. . . OK, maybe once or twice. Carry on bravely. . .kremer 1 From: Beth Nelson Date: June 28, 2015 at 8:17:21 PM CDT To: Eric Johnson Subject: House and signs Hi Eric - Can you forward the following to Scott? It's in regards to updating the sign ordinances: * I think the sign ordinance should clearly state what "is" allowed and not go into the pages and pages of what "isn't" allowed. Isn't this sufficient if called up front? * I think signage should be based on square footage of the property, similar to what we were looking at. I'm not necessarily an advocate that car dealerships get separate or unique allotments. To me this can open up pandora boxes to allow unique allowances for other types of businesses and think it is easiest to stay away from it. * I do think we should continue to maximize height at 40 feet, and not allow blinking electronic lights. * My only other comment/question is there alignment between what Stillwater and OPH allow from a sign perspective? How do we ensure consistency? I think this is important. That's it from a sign perspective. Beth