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Home My WebLink About10A - Zoning Ordinance Regulating Signage MEETING DATE: AGENDA #: PREPARED BY: PRESENTER: AGENDA ITEM: DISCUSSION: 4646 Dakota Street SE Prior Lake. MN 55372 CITY COUNCIL AGENDA REPORT AUGUST 16, 2010 10A DANETTE M. PARR, COMMUNITY DEVELOPMENT & NATURAL RESOURCES DIRECTOR DANETTE M. PARR AN ORDINANCE REPEALING AND REPLACING SECTION 1107.400 TO SECTION 1107.1700, AS WELL AS AMENDING SECTIONS 1102.809(5) AND SECTION 1101.400 OF THE ZONING ORDINANCE Introduction The purpose of this agenda item is to review and seek City Council approval of proposed amendments to the Zoning Ordinance regulating signage. Historv In late 2009 the City Council directed staff to update the City Sign Ordinance. In anticipation of amending the Ordinance, City staff did the following: . Researched how other communities regulate signage. . Researched how signs have evolved in respect to technology. . Spoke with sign company representatives to determine current trends in signage. . Worked with the City Attorney to evaluate current case law and areas the City would benefit from addressing further in the Ordinance. . Visited commercial districts in other communities. . Met with MnDOT and Scott County staff to determine if any additional signage would be allowed in the State and County public right-of-way. . Met with local business owners to discuss their needs in relation to signage. . Spoke to citizens regarding their impressions of how the City currently regulates signage throughout the City. . Sought input via the City website, Twitter, Facebook, email blasts, and articles in the Prior Lake American. . Met with the Prior Lake Economic Development Advisory Committee, City Council and Planning Commission to discuss areas of greatest concern. Current Circumstances While trying to balance the many competing interests that exist in relation to regulating, permitting, and enforcing signs, staff focused on creating a document that would do the following: R\Council\2010 Agenda Reports\081610\Sign Ordinance staff report1.doc · Offer choices to local business owners and community groups Allow for consistent enforcement · Be understandable by those that use the document Address changes in technology and case law · Maintain aesthetic qualities appropriate for all Zoning Districts in Prior Lake · Encourage maintenance of signage · Be viewed by the general public as reasonable · Entail modest cost to the City, licensee and sign owner ISSUES: Many of the proposed amendments may not appear substantive in nature. However, there are some key areas the City Council may want to more closely consider, related to the following: Section 1107: Findinas . In order to justify and support imposing restrictions and regulations on the constitutional protections afforded the right to free speech this ordinance must meet certain tests imposed by the courts to protect the First Amendment. The City must demonstrate that the provisions in the ordinance are needed to address legitimate and substantial governmental interests and that the proposed ordinance provisions are the least restrictive means of addressing those interests. The Council may protect the health, safety, welfare and aesthetics in the City by imposing reasonable time, place and manner restrictions on signage (speech), so long as the restrictions are content neutral and that alternative means of communication remain. . This ordinance expands the Purpose and Intent subsections of the ordinance, as well as including specific Findings that state the legitimate and substantial government interests the City Council are protecting and promoting by the adoption of amendments to the Sign Ordinance. Section 1107.501 - Sian Definitions A significant aspect of providing clarity in relation to regulating signs involves having definitions that are understandable. For that reason the following definitions were expanded on or added: . The following sign types had their definitions expanded on: o Address Sign o Animated Sign o Banner Sign o Legal Non-Conforming Sign o Portable Sign o Public Sign o Window Sign o Yard Sale Sign . The following sign types had definitions added in order to address changes in technology, how signs are utilized in Prior Lake, or to further clarify a sign type: R\Council\2010 Agenda Reports\08 1610\Sign Ordinance staff report1.doc 2 o Community Park Event Sign o Non-Commercial On-Premise Sign o Off-Premise, Advertising Sign o Off-Premise, Temporary Directional Sign o On-Premise Advertising Sign o Residential Name Plate Sign o Sandwich Board Sign o Seasonal Sign o Special Event Sign o Subdivision Identification Sign o Wetland Buffer-yard Sign Section 1107.700 -Permitted Sians (not needina a Dermit) . Communitv Park Event Sians: Language was added to regulate signage for events held in the Community Parks (as defined by the City Comprehensive Plan). The nature of the Community Parks (Lakefront, The Ponds, Thomas Ryan Memorial Park, Sand Point Beach, Memorial Park, and Spring Lake Park) lend themselves to be used for major citywide or regional wide events and may call for increased signage for the specific event. Section 1107.800 Permitted Sians (needino a Dermit) . Banner Sians: Revised language was added that allows for a limited expansion of banner signs. The proposed language allows each principal building to have one banner sign for specific events such as sales, short term specials, grand openings, and events limited in duration. The amended language also allows civic organizations, non-profit organizations, governmental entities, the School District, or semi-public organizations to utilize this permitted banner space for up to 30 days prior to a special event (with permission from the property owner/banner permit holder). While banners may be allowed more frequently, staff is proposing that banners no longer be allowed to exist on poles and they must instead be affixed to the principal building (an exception may be made for marinas, churches, and schools that exist in residential areas and where another structure can be utilized in order to allow the banner to be further concealed from adjacent residential views). . Sandwich Board Sions: The proposed language allows TC, C, and I Use Districts to utilize sandwich board signs under specific criteria that is site specific. Staff is also proposing that building owners and business tenants be able to allow civic organizations, non-profit organizations, governmental entities, the School District, or semi-public organizations to utilize sandwich board sign space for up to 30 days prior to a special event. In the case of both banner and sandwich board signs, their implementation is somewhat of a trial case to see how they are utilized. For that reason, a sunset provision has been included in the proposed Ordinance that would allow banner and sandwich board signs to no longer be permitted after January 1, 2013 if the Council decided they were a risk to the public safety and welfare and if they had a negative impact on the aesthetics of the commercial areas. If that was the case, no action would be required of the R:\Council\2010 Agenda Reports\08 16 10\Sign Ordinance staff report1.doc 3 Council. If the Council felt that the banner and sandwich boards did not have a negative impact, they could rescind the sunset provision and leave the provisions as stated. Section 1107.1300 Sian Permit Reauirements The amended language provides criteria for issuing a sign permit. The majority of changes in this Section involve language stating what is required for the permitting of a banner or sandwich board sign. Banner and sandwich board sign permits will be issued on an annual basis and will be valid for the entire year. Section 1107.1600 Removal of Sions The proposed language gives more detailed expectations regarding the process for removing temporary signs and for necessary corrective action in relation to permanent signs. Section 1107.1700 Remedies for Sian Violations In order to assist in creating meaningful enforcement that will deter individuals from violating the Sign Ordinance, the proposed language will allow the City an opportunity to impose a fine, not to exceed $500.00 per day, for each day of a sign ordinance violation. It also provides that no sign permit will be renewed until all outstanding fines have been paid. Section 1102.809 - Desian Standards in the "TC" Town Center District (Downtown) In order to assure that our "TC" Use District is not at a competitive disadvantage to those of other downtowns, staff is proposing to increase the number and size of permitted signs. Staff believes this will allow for increased creativity related to projecting signs, awning signs, and other signs that are indicative of a traditional downtown environment. Section 1101.400 - General Zonina Ordinance Definitions The following terms are not proposed to be part of the Sign Definitions; however, the amended sign language requires that the following general zoning definitions be added to Section 1101.400 of the Zoning Ordinance: . Principal Building . Property Owner . Sign Plan . Special Event Conclusion It's noteworthy that while staff attempted to consider how all desired signage could be incorporated in the Ordinance, for a number of different reasons, the following types of signs were intentionally not incorporated: . Home Owner Association (HOA) Signage . Off-Premise Advertising Signage . Special Event Signage on residential sites . Home Occupation Signage R\Council\2010 Agenda Reports\081610\Sign Ordinance staff report1.doc 4 The Planning Commission held a public hearing on July 26th (minutes attached) and voted unanimously to recommend approval of the proposed Ordinance amendments. An important aspect of implementing the new sign regulations is the need to educate property owners, business owners, and the general public. For that reason, staff plans to send a user friendly handout highlighting the most significant changes of the ordinance to all commercial and industrial property owners. In addition, staff plans to highlight the changes on the City website, email blasts, and other available media outlets. FINANCIAL IMPACT: If adopted, the amended Ordinance could have both positive and negative financial impacts to the City, including the following: 1) Increased costs associated with the need for additional staff time to initially educate property and business owners of the Ordinance changes and for necessary enforcement. 2) Cost savings associated with the creation of an Ordinance that is anticipated to be easier to administer/enforce. 3) Revenue generating in respect to creating a Sign Ordinance that supports business retention and recruitment. ALTERNATIVES: 1. Adopt the proposed amendments to Section 1107.400 through Section 1107.1700, Section 1102.809(5) and 1101.400 of the Zoning Ordinance regarding Signage. 2. If the amendments to Section 1107.400 through Section 1007.1700, Section 1102.809(5), and Section 1101.400 are adopted and the Council agrees to forego the expense of publishing the new Section 1107.400 through 1107.1700, Section 1102.809(5) and 1101.400 in its entirely, the Council must: (a) by motion approve the attached summary describing the changes to the Sign ordinance and (b) approve a resolution authorizing publication of the summary in lieu of publishing the entire ordinance. 3. Defer this item and provide staff with specific direction. RECOMMENDED TWO separate motions are required: MOTION: 1. The Planning Commission and City Staff recommend a motion and second to adopt an ordinance for the proposed amendments to the Zoning Ordinance. 2. (a) By motion approve the attached summary describing the changes to the Sign ordinance and (b) approve a resolution authorizing publication of the summary in lieu of publishing the entire ordinance. R:\Council\2010 Agenda Reports\08 1610\Sign Ordinance staff report1.doc 5 4646 Dakota Street SE Prior Lake. MN 55372 RESOLUTION 1 a-xxx A RESOLUTION ADOPTING A SUMMARY OF SECTIONS 1107.400 THROUGH 1107.1700, SECTION 1101.400, and SECTION 1102.809(5) OF THE ZONING ORDINANCE Motion By: Second By: WHEREAS, The City is required to publish the Ordinance before they become effective; and WHEREAS, The City Council may authorize a summary of an Ordinance if the City Council finds that the Summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the changes to Section 1107.400 through 1107.1700, Section 1101.400, and Section 1102.809(5) and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the City Council approves the following summary of Sections 1107.400 through 1107.1700, Section 1101.400, and Section 1102.809(5) of the Zoning Ordinance adopted by Ordinance 10-XX, and authorizes publication of the following summary: Sections 1107.400 through Section 1101.1700, Section 1101.400, and Section 1102.809(5) of the Zoning Ordinance related to signage, were amended to offer choices to local business owners and community groups, allow for consistent enforcement, be understandable by those that use the document, address changes in technology and case law, maintain aesthetic qualities appropriate for all Zoning Districts, and encourage maintenance of signage. The following is a summary of each major section of the Ordinance: Section 1107: Findings . In order to justify and support imposing restrictions and regulations on the constitutional protections afforded the right to free speech this ordinance must meet certain tests imposed by the courts to protect the First Amendment. The City must demonstrate that the provisions in the ordinance are needed to address legitimate and substantial governmental interests and that the proposed ordinance provisions are the least restrictive means of addressing those interests. The Council may protect the health, safety, welfare and aesthetics in the City by imposing reasonable time, place and manner restrictions on signage (speech), so long as the restrictions are content neutral and that alternative means of communication remain. . This ordinance expands the Purpose and Intent subsections of the ordinance, as well as including specific Findings that state the legitimate and substantial government interests the City Council are protecting and promoting by the adoption of amendments to the Sign Ordinance. R:\Council\2010 Agenda Reports\08 16 10\Sign Resolution (to publish).doc Section 1107.501 - Sign Definitions A significant aspect of providing clarity in relation to regulating signs involves having definitions that are understandable. For that reason the following definitions were expanded on or added: . The following sign types had their definitions expanded on: o Address Sign o Animated Sign o Banner Sign o Legal Non-Conforming Sign o Portable Sign o Public Sign o Window Sign o Yard Sale Sign . The following sign types had definitions added:: o Community Park Event Sign o Non-Commercial On-Premise Sign o Off-Premise, Advertising Sign o Off-Premise, Temporary Directional Sign o On-Premise Advertising Sign o Residential Name Plate Sign o Sandwich Board Sign o Seasonal Sign o Special Event Sign o Subdivision Identification Sign o Wetland Buffer-yard Sign Section 1107.700 - Permitted Signs (not needing a permit) . Community Park Event Signs: Language was added to regulate signage for events held in the Community Parks (as defined by the City Comprehensive Plan). Section 1107.800 - Permitted Signs (needing a permit) . Banner Signs: Revised language was added that allows for a limited expansion of banner signs. The proposed language allows each principal building to have one banner sign for specific events such as sales, short term specials, grand openings, and events limited in duration. The amended language also allows civic organizations, non-profit organizations, governmental entities, the School District, or semi-public organizations to utilize this permitted banner space for up to 30 days prior to a special event (with permission from the property owner/banner permit holder). Banners will no longer be allowed to exist on poles and they must instead be affixed to the principal building (an exception may be made for marinas, churches, and schools that exist in residential areas and where another structure can be utilized in order to allow the banner to be further concealed from adjacent residential views). . Sandwich Board Signs: The TC, C, and I Use Districts are permitted to utilize sandwich board signs under specific criteria that are site specific. The building owners and business tenants be able to allow civic organizations, non-profit organizations, governmental entities, the School District, or semi-public organizations to utilize sandwich board sign space for up to 30 days prior to a special event. R:\Council\2010 Agenda Reports\OS 16 10\Sign Resolution (to publish).doc 2 A sunset provision was included to allow banner and sandwich board signs to no longer be permitted after January 1, 2013 if the Council finds that they are a risk to the public safety and welfare and if they have a negative impact on the aesthetics of the commercial areas. If no negative impact is noted, the Council can rescind the sunset provision and leave the provisions as stated. Section 1107.1300 Sign Permit Requirements The amended language clarifies what is needed in order to have a sign permit issued. The majority of changes in this Section involve language stating what is required for the permitting of a banner or sandwich board sign. Sanner and sandwich board signs will be issued on an annual basis and will be valid for the entire year. Section 1107.1600 Removal of Signs The amended language gives more detailed expectations regarding the process for removing temporary signs and the process for when corrective action is necessary in relation to permanent signs. Section 1107.1700 Remedies for Sign Violations The new language allows the City an opportunity to impose a fine, not to exceed $500.00 per day, for each day the sign is in violation. It also states that no sign permit shall be renewed until all outstanding fines have been paid. Section 1102.809 Design Standards in the "TC" Town Center District (Downtown) The incorporated changes allow for an increase in the number and size of permitted signs to allow for increased creativity related to projecting signs, awning signs, and other signs. Section 1101.400- General Zoning Ordinance Definitions is amended with the following Definitions for: 1) Principal Buildings, 2) Property Owner, 3) Sign Plan, and 4) Special Event. The Summary of the Changes to the Sign Ordinance is approved as a true and accurate representation of the amendments to Sections 1107.400 through Section 1107.1700, Section 1102.809 and Section 1101.400, and Summary Publication is authorized. A complete text of the newly adopted zoning ordinance can be found at City Hall or in the Document Center on the City of Prior Lake Website after September _' 2010. This Ordinance shall become effective 30 days after its publication. Passed and adopted this 16th day of August, 2010. YES NO I Myser I Erickson I Hedberg I Keeney I Millar Myser Erickson Hedberg Keeney Millar Frank Boyles, City Manager R\Council\2010 Agenda Reports\08 16 10\Sign Resolution (to publish).doc 3 CITY OF PRIOR LAKE ORDINANCE NO. 110-XX AN ORDINANCE REPEALING AND REPLACING SECTION 1107.400 THROUGH SECTION 1107.1700, AS WELL AS AMENDING SECTIONS 1102.809(5) AND SECTION 1101.400 OF THE ZONING ORDINANCE MOTION BY: SECOND BY: WHEREAS, The health, safety and welfare of City residents, businesses and the public is impaired and endangered by the proliferation of unregulated signs within the City; and WHEREAS, The City's 2030 Vision and Strategic Plan is a document developed through the collaboration of Residents, Businesses, Civic Organizations, the School District, other Governmental Entities, the Shakopee Mdewakanton Sioux Community, the City Council and City Staff that sets out 10 Areas of Strategic Emphasis (Vision Elements); and WHEREAS, The regulation of signage in the City is an important element in achieving several of the Vision Elements in the Plan; for example: Quality Community Growth, Downtown Redevelopment, Economic Development and Safe and Healthy Communit[ies); and WHEREAS, The indiscriminate placement of signs creates safety risks for both vehicular and pedestrian traffic; and WHEREAS, The indiscriminate placement, size, location, illumination and volume of signs impairs the aesthetic quality articulated in the 2030 Vision and Strategic Plan. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, SCOTT COUNTY, MINNESOTA DOES ORDAIN THE FOLLOWING: Section 1. The recitals set forth above are incorporated herein by reference. Section 2. Section 1107.400 through Section 1107.1700 is hereby repealed in its entirety and replaced with the following: Findings. The size, height, location, illumination, distance between, and proliferation of signs in the City raise constitutional and regulatory challenges for the City. Signs are one means used to communicate non- commercial and commercial speech and messages, and therefore are protected under the First and Fourteenth Amendments to the U.S. Constitution. However, the size, height, location, illumination, and distance between signs creates: hazards by distracting drivers' attention from the road; can be an eyesore and impact aesthetics, property values, and civic pride. The City Council finds that it has a legitimate and substantial interest to preserve and protect the public welfare and safety, and preserve the aesthetic qualities and characteristics in and of the City. This Ordinance was written to protect the City and its residents. The City Council finds it has legitimate and substantial interest in promoting and protecting the public welfare, safety, and morals of residents and maintaining and enhancing the aesthetic integrity of the City. While the City believes its interests in regulating signs are substantial, it also believes the First Amendment is one of the cornerstones in a vital and relevant democracy and that they have sworn an oath to defend, protect and preserve the [First Amendment] of the United States. The provisions of this Ordinance are intended to: (1) Advance the City's interests articulated herein, and (2) "Is not more extensive than is necessary to serve [those] interests[s]." The individual provisions are content-neutral and do not favor commercial speech over non-commercial. During the drafting process, each provision was evaluated to assure that there are not any restrictions on the means of speech. The City Council finds that the regulations in this subsection vary depending on the Use District where the subject sign will be located. The City Council finds that the essential characteristics, and activities and character are different among the "TC" , "C", "I" and "R" Use Districts. There are substantial differences between a private residence in the "R" Use District and a manufacturing facility in the "I" Use District and these differences support the City. Purpose. The purposes of these sign regulations are to further promote and protect the following substantial government interests: 1) the effective use of signs as a means of promotion and communication in Prior Lake; 2) the aesthetic environment and the City's ability to attract sources of economic development and growth; 3) pedestrian and traffic safety; 4) potential for the adverse effect of signs on nearby public and private property; and 5) fair and consistent means to enforce these sign restrictions. 6) the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety, general welfare, and property values; 7) assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs. 2 The City Council finds that these sign regulations do not deny a business or other entity a reasonable degree of freedom of choice in the design and placement of signage while at the same time, assuring the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs. 1107.500: INTERPRETATION: Section 1101.300 of this Zoning Ordinance addresses statutory construction and interpretation principles applicable to this and all Sections of the Zoning. The definition of sign types in Section 1107.501 is integral to the interpretation of all subsections of the Sign Ordinance, regardless of the use of capital. 1107.501. Sign Definitions: Address Sign. An on-premise sign giving the name and/or address of the building or premises which is compliant with City Code addressing requirements. Advertising Sign. Any permanent non-governmental sign and sign structure, advertising products, services, commodities, entertainment or other activity. Athletic Field Sign. Any advertising sign located on the interior- facing of athletic field fences or scoreboard of a City athletic field in accordance with City policy. Animated Sign. Any sign that uses movement or changes in lighting to depict action or create a special effect or scene, including but not limited to flashing and scrolling. Signs with visible moving, rotating parts, or other visible mechanical movement are animated signs. Awning. A non-rigid hood or cover projecting from a building, which can be folded, collapsed, or retracted against the building. Balloon Sign. A temporary sign which is printed, painted or attached to a balloon which is secured to a permanent structure or the ground in a manner that does not allow it to move about within the atmosphere. Balloon Sign, Tethered. A temporary sign which is printed, painted, or secured to a balloon which is attached to a rope, chain, string or other device, allowing it to move about within the atmosphere. 3 Banner Sign. Any temporary on-premise, commercial sign, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or lightweight fabric of any kind to advertise products, goods and/or services sold or provided on the property or a special event, which is hung either with or without frames. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. Beacon. Any light with one or more beams, that is capable of revolving automatically or being directed into the atmosphere or at one or more points not on the same lot as the light source. Bench Sign. A sign attached to or painted on a bench for seating. Billboard Sign. An off-premise, poster panel board, painted bulletin board or other communicative device which is used to advertise products, goods and/or services, any part of which are not sold, produced, assembled, manufactured, furnished or otherwise related to activities conducted on the property where the sign is located. Building Marker. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete, or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure. Business Sign. A sign that advertises or describes products, goods, services or activities sold, produced, assembled, manufactured, furnished or otherwise available at or located on the premises. Changeable Copy Sign. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. The electronic or mechanical indication of time or temperature or stock market data shall be considered a "public service sign" or a changeable copy sign for the purposes of this Ordinance. Community Park Event Sign. A temporary sign related to an activity or event permitted in a "Community Park", as defined in the City's Comprehensive Plan. The temporary sign may only be displayed in the specific Community Park for the duration of a specific event. Construction Sign. A sign giving the project name, name(s) of principal contractors, architects, and lending institutions responsible 4 for construction on the site property where the sign is placed, together with other sales related information included thereon. Directional Sign. A sign erected on private property for the purpose of directing vehicular and pedestrian traffic to public facilities or functions; a sign on which the names and/or locations of occupants or the use of a building is given, including office buildings and church directories. Election Sign. A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election. Electronic Message Sign. A sign which shows messages and graphics that are changed by electrical pulsations, other than public service signs. Flashing Sign. An illuminated sign on which the artificial light is not maintained constant in intensity and color at all times in which such sign is in use or any sign which by mechanical means appears to simulate a flashing sign. Freestanding Sign. An on-premise sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. Ground Monument Sign. A block type sign structure not supported by poles or braces, but rather placed directly on the ground. Illuminated Sign. Any sign which has characters, letters, design or outlines illuminated by artificial light directed to or from the interior of the sign. Incidental Sign. A sign having a face which meets Department of Transportation standards and which is located on private property. An incidental sign has a purpose secondary to the primary use of the property on which it is located, such as "no parking", "entrance", "loading only", "telephone", and other similar directives. No sign with a commercial message shall be considered incidental. Institutional Signs. An on-premise sign which identifies the name and other characteristics of a public or semi-public institution. Lake Service Sign. Signs accessory to uses which depend on patrons arriving by watercraft. 5 Legal Non-Conforming Sign. Any sign that lawfully existed on or before August , 2010, the effective date of this Ordinance, and any amendments thereto, but that fails to conform to all applicable regulations and restrictions of this Ordinance. Marquee Sign. Any sign attached to or made a part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather. Menu Board. A sign that indicates selections available at businesses that serve customers via automobiles, such as a fast food establishment with a drive-thru facility. Non-Commercial On-Premise Sign. A sign displayed by the owner of property or tenant used to communicate, express, conveyor depict a message or viewpoint held by the owner of the property or a tenant. Off-Premise, Advertising Sign. Any permanent non-governmental sign and sign structure, advertising products, services, commodities, entertainment or other activity not offered at the location of the sign or not exclusively related to the premises on which the sign is located. Off-Premise Temporary Directional Sign. A temporary sign that provides direction to a new residential development or a new facility housing a public or nonprofit organization. On-Premise, Advertising Sign. Any permanent non-governmental sign and sign structure, advertising products, services, commodities, and entertainment, located on the premises where the sign is installed and maintained. Painted Wall Sign. A sign which has been painted directly onto a building wall, using the wall material as a base of the sign. Pennant. Any lightweight plastic, fabric or other material, suspended from a rope, wire, or string, or other material, usually in series, designed to move in the wind. Portable Sign. Any temporary sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, including signs attached to or painted on vehicles, unless the vehicle is used for the day to day 6 operations of the business. A sandwich board sign is not a "portable sign" for the purpose of this Ordinance. Projecting Sign. Sign other than a wall sign affixed to any building or wall where the leading edge extends beyond the building or wall. Public Service Sign. A sign that displays time, weather, stock market data or public information and does not advertise any product or service. Public Sign. A sign that has been erected on behalf of a governmental body for the purpose of posting legal notices, identifying public property and conveying public information; including but not limited to directional signs, regulatory signs, warning signs, and informational signs. Real Estate Signs. A temporary sign erected on private property for purposes of advertising the sale or lease of a particular building and/or property. Residential Name Plate Sign. A sign located on a residential premise, giving only the name or address, or both of the premises. Roof Sign. A sign erected upon or above a roof or parapet of a building or above the eaves in the case of a hip, gable or mansard roof where the plane of the roof is less than 60 degrees from the horizontal. Rotating Sign. A sign which revolves or rotates on its aXIs by mechanical means. Sandwich Board Sign. A sandwich board sign, sometimes referred to as a sidewalk sign, is a freestanding, two-sided "A" frame type sign or a sign placed on an easel, that does not require staking into the ground, placed near the entrance of a commercial building to direct pedestrians to that business and/or to advertise events, services, and goods provided by the business where the sign is located. Seasonal Sign. A temporary on-premise sign limited in duration of time and placed on a premise for a specific purpose that is not part of a business' ongoing activity. Seasonal signs include, but are not limited to Christmas tree and wreath "For Sale" signs, farmers market signs, similar seasonally oriented sales, and signs advertising temporary agricultural commodity sales and transient merchants. 7 Semi.Public Use. A use owned or operated by a non-profit, religious or charity dependent institution and providing educational, cultural, recreational, religious or similar types of public programs and activities. Shopping Center Sign. A freestanding on-premise sign identifying a shopping complex that contains at least one major tenant (such as a grocery or department store) and secondary tenants. A lineal strip center is not considered a shopping complex for the purpose of this Ordinance. Snipe Sign. Sign(s) of any material whatsoever that are painted on or attached to, in any manner, a utility pole, tree, rock or any object located or situated on public or private property. Special Event Sign. A temporary sign, such as a banner, sandwich board sign, or window sign, erected by a civic organization, nonprofit organization, governmental entity or semi-public organization used to promote or identify a local fund raiser, festival, bazaar, tournament or similar event. Street Banner. Any temporary banner sign which is stretched across and hung over a public right-of-way which advertises public entertainment or a public event. Subdivision Identification Sign (SIS). An on-premise freestanding sign used to identify a residential subdivision, a Planned Unit Development, a commercial development, business center, or industrial park. Temporary Sign. A sign erected or displayed for a specified period of time and not permanently mounted. Traffic Interference Signs. Signs erected that, by reason of position, shape, size, or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal. Wall Sign. Any sign attached parallel to a wall, or which projects less than 15 inches from the surface at all points of the building or structure, and which displays only one sign surface. Wetland Bufferyard Sign. A City approved sign that establishes the buffer area boundary of a delineated wetland. Window Sign. Any sign, picture, symbol, or combination thereof, affixed to the inside of a window and visible from the outside of the 8 premises directed to pedestrian and vehicular traffic. A window sign is used to communicate information about an activity, business, commodity, event, sale, or service. Works of Art. Artistic expressions, aesthetic treatments, and designs that do not include a commercial message such as the City logo, "Centennial" emblem, holiday lights, and decorations with no commercial message. Yard Sale Sign. A temporary sign display advertising the on-premise sale, by an occupant, on his or her personal property, including general household rummage, used clothing and appliances, provided the exchange or sale of merchandise is conducted on the property or within the residence or an accessory structure on the property. 1107.600: EXEMPT SIGNS: All signs not expressly permitted under this Section are prohibited unless exempt from this subsection by statute or by this subsection. The following signs shall be exempt from regulation: ~ Incidental signs. ~ In~eR~H b:::i1ding sign5. ~ G#-pf::misBs aOO3:::ncomontG. SL:ch cnnOL:nsemcntG GHaU me3sure n3~ r.19f~ ~hcn ~ GqL:cre--feot in Gi:::e c:r.d be removed A-3~ Ictor th::n S-aays ::ftor the event. ~ Public signs. ~ Works of art. ~ Athletic Field Signs. (THIS SPACE INTENTION.'\~~Y-bE:rT BLANK) 1107.700: PERMITTED SIGNS; No SIGN PERMIT REQUIRED: The signs identified in Table 1 of this subsection are permitted and do not require sign permits. However, their size, area and number are regulated by the provisions of Subsections 1107.701 through 1107.714. l TABLE 1 NO SIGN PERMIT REQUIRED Address signs Building markers Community Park event sign Election signs I Multiple residential nameplate Public signs Real estate signs Residential nameplate Seasonal signs Window signs 9 1107.701 1107.702 1107.703 1107.704 1107.705 1107.706 1107.707 1107.708 No trespass signs Wetland buffer signs Non-commercial on-premise signs Yard sale signs Address Sian: An address sign located on a home or business near the front entrance shall not exceed 2 square feet in area. Address signs shall be exempt from the total display area allowed under Subsection 1107.1000. Buildina Markers: One building marker sign not to exceed 4 square feet is permitted per building in all Use Districts. Communitv Park Event Sian. With approval of a Park Rental Permit for an activity or event in Lakefront, The Ponds, Thomas Ryan Memorial Park, Sandpoint Beach, Memorial and Spring Lake Park (as identified as Community Parks in the City's Comprehensive Plan) signage may be utilized for the duration of a specified event. The Park Rental Permit holder shall be responsible for the removal of all signage at the conclusion of the event. All signs are to be positioned to limit their exposure to residential areas. Election Sians: Election signs are permitted on private property in any Use District with the express consent of the owner or occupant of such property. In a State general election year, such signs may not be posted more than 46 days before the date of the election and must be removed by those responsible for the erection of the sign or the property owner within 10 days following the State general election. Multiole Residential Nameolate Sians: In the "R-2" and "R-3" Use Districts, 1 nameplate sign for each dwelling group of 6 or more units is permitted. Such nameplate sign shall not exceed 6 square feet in area per surface, and no sign shall have more than 2 surfaces. No Tresoass Sians: "No trespass" and "No dumping" signs not exceeding 2 square feet in area per side and not exceeding 4 in number, per lot, are permitted in the "R", "TC" "C" and "I" Use Districts. In "A" Use Districts, such signs shall not be less than 300 feet apart. Non-Commercial On-Premise Signs: One non-commercial on-premise sign may be placed on private property by the owner of the property or by the tenant. The sign shall be setback ten (10) feet from the property line and not exceed 12 square feet in size with a maximum height of 4 feet. Public Sians: No signs shall be allowed in the public right-of-way, except the following signs which are permitted: public signs erected by or on behalf of a governmental body to post legal notices, identify public 10 property, convey public information, and direct pedestrian or vehicular traffic; informational signs of a public utility regarding its poles, lines, pipes, or facilities; emergency signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right of way, mail boxes and newspaper receptacles. 1107.709 Real Estate Sians: One real estate sign may be placed per street frontage and one sign per lake frontage on property to be sold or leased. Such signs shall be set back from the property line or right-of-way (whichever is greater), no less than one foot (1 ') per one foot (1 ') of sign height. Placement of real estate signs shall have the express consent of the owner or occupant of the property. Such signs shall be removed within 7 days following the closing of the lease/sale or 90% of building occupancy. The area of any such sign shall not exceed the following: ~ 1-2 unit buildings: 6 sq. ft. ~ 3-10 unit buildings: 10 sq. ft. ~ 10 units or more: 32 sq. ft. 1107.710 Residential Nameolate Sians: One nameplate sign, up to 2 square feet in area per surface with a maximum of 2 surfaces shall be permitted for single-family residences. I 1107.711 Seasonal Sign: A maximum of 32 square feet of on-premise temporary signage is permitted per entity for the duration of the sales event. 1107.712 Wetland Buffer Yard Sians: Wetland buffer yard signs shall not be removed without the written consent of the regulating agency responsible for their installation. 1107.713 Window Sians: A display of one or more window signs, provided the total sign area does not exceed more than 75% of the total window area. 1107.714 Yard Sale Sians: On-premise yard sale signs are permitted and may be displayed 7 days prior to the sale and must be removed immediately after the end of the yard sale. Yard sale signs shall only be placed on private property. 1107.800: PERMITTED SIGNS; SIGN PERMIT REQUIRED: The signs identified in Table 2 are permitted, provided a sign permit is obtained from the City and it complies with the size, area, and number as regulated by the provisions of Subsections 1107.801 through 1107.1004. A brief description of the signs and display guidelines follow Table 2. TABLE 2 SIGNS THAT REQUIRE A SIGN PERMIT ] ] 1107.801 1107.802 1107.803 Awning signs Balloon signs I Banner signs Marquee signs Menu board signs Off-premise temporary directional signs On-premises directional signs Portable signs Public service signs Sandwich board signs Streamers, Pennants (noncommercial) Street banner signs Subdivision identification signs Business signs Changeable copy signs Construction signs Electronic message sign Illuminated signs Institutional signs I J Lake service signs Awnina Sians: In the "TC" , and "C" or "I" Use Districts, signs consisting of letters and/or an identification emblem, insignia, initial, or other similar design may be painted or imprinted on an awning, provided the total sign area does not exceed 30% of the awning surface. Awning signs shall be considered as part of the total wall sign square footage allotted to the building. Balloon Sian: One temporary balloon sign per lot not exceeding 35 feet in height may be erected for a period of not more than 14 consecutive days in a the "TC", and "C" or "I" Use Districts. In no case shall more than 3 permits per property be granted during any calendar year. The signs shall be set back no less than 1 0 feet from the property line or right-of-way line, whichever is greater, and cannot be placed in a location that obstructs the view of motorists. In no case shall balloon signs take up required off-street parking spaces. Banner Sians: 1. Banner signs as defined in Section 1107.501 are allowed by permit in the "TC", and "C" or "I" Use Districts subject to the regulations, conditions and limitations of this subsection, Churches, schools, and marinas located in an "R" use District may obtain a banner permit subject to the requirements and conditions in this Subsections. One banner sign may be displayed per property. 2. The total area of the banner sign shall not exceed 32 square feet, regardless of the size of the building. ]2 3. An annual banner sign permit shall be issued for one specified location on the exterior of the principal building, which shall be designated at the time of sign permit issuance. 4. Banner signs may be used for advertising an occasion relating to the goods/or services sold or provided on the property or to inform the public of an upcoming special event. Banner signs may be used for grand openings, short term specials, sales events, or special events that are limited in duration or similar event approved by the Zoning Administrator. 5. Banner signs shall not be used in place of permanent signage. 6. The owner of a building occupied by multiple tenants is responsible for designating the manner in which the tenants will rotate use of the banner. 7. All banners shall be securely affixed to the wall of the designated principal building. 8. Marinas, churches, and schools may display a banner in the uR" Use District subject to the conditions set out in this subsection. The Zoning Administrator shall have full discretion to permit the banner to be firmly affixed to a permanent structure that is not classified as the principal structure, particularly in cases where the alternative location assists in limiting the banner from the view of adjacent residential properties. 9. The owner or tenant of a building with a sign permit may allow an organization or entity to use the banner location to promote a special event. A Banner for a Special Event Sign cannot be displayed for more than 30 days prior to the first day of the event. The banner shall be removed at the conclusion of the event. A. The proliferation of banner signs or the failure of a business owner to restrict the display of the sign to the location designated in their application for a sign permit (See Section 1107.803) presents a foreseeable risk to the public safety and welfare by distracting motorists who divert their sight from the road to read a banner sign. Banner signs also present the risk of impairing and interfering with aesthetic qualities of the City by creating visual clutter. Banner signs have the potential of being an eyesore and distracting from the goals set out in the 2030 Vision and Strategic Plan. s,. G-:- The City Council finds that it's legitimate and substantial interest in protecting public safety and welfare and preventing an eyesore are sufficient reasons to prohibit the display of banner signs in the City, but it is impossible to predict with certainty the risks will materialize. Therefore, banner signs will be 13 permitted in the "TC" , "C" and "I" Use Districts on a temporary and experimental basis. For the reasons stated above in Subsection 1107.803 of this Section, allowing banner signs, shall Sunset on January 1, 2013 without any further action of the City Council on January 1, 2013. If the City Council finds that banner signs have not been a risk to the public safety and welfare, and have not had a negative impact on aesthetics in the City, it may rescind subsection 1107.803 with the same formalities it was adopted. 1107.804 1107.805 1107.806 1107.807 1107.808 Business Sians: In a "TC", and "C" or "I" Use Districts, a wall or freestanding sign that identifies or advertises a business, person, activity, goods, products, or services located "on-premises" is permitted as otherwise provided by this Section. Chanaeable Coov Sians: In the "TC" , "C" or "I" Use Districts, this applies to permanent wall or freestanding signs and does not include portable signs. Changeable copy signs will be considered as part of the total wall or freestanding sign area allotted to a property. Construction Sians: On a development project site or in a subdivision of less than 30 acres, a maximum of 3 signs not to exceed 100 aggregate square feet may be erected. For projects of 30 or more acres, a maximum of 5 signs not to exceed 200 aggregate square feet may be erected. Such signs shall be removed upon completion of 90% of the development. For the purposes of this subsection only, development means the completion of all required development installed improvements and the construction of structures on 90% of the lots in the development or project. All signage shall maintain a 10 foot setback from the property boundary. Electronic Messaae Sians: In the "TC" , "C", and "I" Use Districts, 1 electronic message sign may be permitted per property subject to the size and area requirements identified in Subsection 1107.902 for freestanding signs. An electronic message sign is a sign that displays messages and graphics that are changed by electrical pulsations. The electronic message sign content may not change more often than once every 10 seconds. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. No electronic message board shall have scrolling or flashing components, words, or images. The applicant for such a sign shall demonstrate that the light intensity and frequency shall not be disruptive to traffic, pedestrians or other land uses on adjacent property. Illuminated Sians: Illuminated signs are permitted in the "TC" "C", and "I" Use Districts. The signs shall be illuminated only by steady, stationary, shielded light sources that are either directed solely at the sign, or are internal to them, without causing glare for motorists, pedestrians, or neighboring property. 14 1107.809 1107.810 1107.811 1107.812 1107.813 Institutional Sians: Freestanding or wall institutional signs are permitted in any Use District provided that the total sign area does not exceed 75 square feet. Internally or externally illuminated signs are permitted if the sign is located so it faces an arterial road or collector street as identified in the Comprehensive Land Use Plan. Reflected glare or spill light from the sign shall not exceed 0.5 footcandle when the source abuts any residential parcel or 1.0 footcandle at any public right-of-way measured at 1 foot above the ground. Freestanding signs may be no higher than 6 feet above the adjacent grade or center line grade of the adjacent street, whichever is higher. lake Service Sians: Any business which provides a service related to permitted uses of a lake and is located within 200 feet of a lake may apply for a sign permit to erect a lake service sign. Signs may be placed, when necessary, within the Shoreland Overlay District. Lake service signs shall be no higher than 10 feet above the natural grade level and the maximum size of such a sign is limited to 32 square feet in area. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination of or over public waters. Marauee Sians: In the "TC" "C", or "I" Use Districts, signs may be placed on the vertical face of a marquee and may project from the lower edge of the marquee not more than 24 inches, but the bottom of a sign placed on a marquee shall be no less than 8 feet above the sidewalk or above the center line grade of the adjacent street, whichever is higher, at any point. No part of the sign shall extend above the top of the roof line for a covered walk or above the top of the vertical face of the marquee, whichever is more restrictive. Signs shall not be permitted on a marquee which projects over any public right of way, with the exception of "TC" Town Center Use District. Menu Board Sians: In "TC" and "C" Use Districts, 2 signs per drive-thru lane, equaling 32 square feet or smaller, may be permitted for businesses that serve customers via automobiles. The menu board sign area may be in addition to the permitted walls and freestanding sign area of the business. The applicant shall demonstrate that the proposed sign location will not obstruct pedestrian or vehicular movement. Off-Premises TemDorarv Directional Sians: An off-premises, temporary directional sign may be permitted for the purpose of providing off-street direction to a new residential project or a new public, religious or nonprofit institution within the 12 months following issuance of the occupancy permit. Such a sign shall not exceed 25 square feet per face with a maximum of 2 faces, and shall conform to the yard setback 15 1107.814 1107.815 44-Q7.e14 I 1107.817 requirements of the Use District in which it is located. The sign permit shall be limited to a 1 year period. On-Premises Directional Sians: Where one-way access and egress drives are approved, a sign indicating traffic direction with a maximum area of 6 square feet may be placed at a driveway within 5 feet of the street right of way. Such signs shall be no higher than 4 feet above the center line of the adjacent street. A directional sign indicating the entrance to a two-way driveway may be approved or required where the Zoning Administrator or designee deems it is necessary to safely direct drivers. Portable Sians: A portable sign permit period shall not exceed 30 consecutive days. In no case shall more than 3 permits per property be granted during any calendar year. The maximum area shall be 32 square feet, and the maximum height shall be 6 feet. The required setback is the same as the building setback in the Use District. Portable signs shall not be displayed off the premises of the business that the sign is intended to advertise, with the exception of signs advertising public and charitable functions approved by the City. Portable signs may not be used in conjunction with temporary signs as provided in this subsection. Portable advertising signs that are attached to or painted on the vehicles parked and visible from the public right of way are permitted only if the vehicle is licensed and operable and is used by the business or by an employee of the business for transportation. In no case shall a portable sign take up required off-street parking spaces. 1107.816 Public Service Sians: Public service signs shall only be allowed in "TC" and "C" Use Districts and the sign area and height must conform to all the requirements of this subsection. Sandwich Board Signs: A. Sandwich board signs ("Sandwich Boards") are allowed in the "TC", "C", and "I" Use Districts for permitted businesses provided the requirements set out in this subsection are met. 1. Unless otherwise provided for herein, only a business/entity in the "TC" , "C", and "I" Use Districts is allowed to display a Sandwich Board sign in front of their business, subject to the conditions setout in this subsection. 2. Only 1 sandwich board is allowed for each business/entity. 3. Sandwich boards shall not exceed eight (8) square feet per sign face. 4. Sandwich boards require an annual sign permit. All permit applications shall contain a sketch of the sandwich board, which includes the sign's dimensions, color, and design, 16 and the placement location, including an accurate to- scale depiction of the sidewalk adjacent to the premise. 5. Sandwich boards shall not be transferable. 6. In determining whether to issue a permit, the Zoning Administrator shall consider the impact on adjacent buildings and pedestrians. 7. Sandwich boards can be displayed only during the times the entity is open. No sandwich board shall be displayed overnight or when there has been any snow accumulation. 8. Sandwich boards may only be located on the sidewalk adjacent and near to the entity's front entrance to the premises. 9. In no case shall sandwich boards occupy off-street parking space. 10. In no case shall sandwich boards be used in conjunction with portable signs, as provided in this Section. 11. Sandwich boards may be placed on a public sidewalk provided that the owner executes a Public Property Use Permit ("PPUP"). The PPUP requires the owner and tenant to assume liability for any damage to property or injury to persons related to the sandwich board sign. 12. Sandwich boards shall not take up more than three (3) feet of sidewalk width and cannot interfere with pedestrian traffic. A sandwich board shall be located with a minimum of three (3) feet of unobstructed clearance on all sides to allow for accessibility along the sidewalk for pedestrians. 13. A sandwich board sign may not be used instead of permanent building signage. 14. A sandwich board may be removed by the City if it interferes with any City activities or public safety (for instance, but not limited to, such things as snow removal activities and sidewalk maintenance). 15. The owner of a building or business who has a valid temporary permit for a sandwich board may allow the sponsor of a "Special Event" to utilize their sandwich board location for a Special Event Sign. 16. A Special Event Sign may be displayed for 30 days prior to the Special Event. The permit holder must have the Special Event Sign removed at the conclusion of the event. B. The proliferation of sandwich boards or the failure of a business owner to restrict the display of the sign to the location designated in their application for a sign permit (See Section 1107.817) presents a foreseeable risk to the public safety and welfare by: (1) impairing the convenient, unobstructed and safe passage of pedestrian traffic along a 17 1107.818 1107.819 1107.820 sidewalk and (2) by distracting motorists who divert their sight from the road to read a sandwich board. Sandwich boards also present the risk of impairing and interfering with the aesthetic qualities of the City by creating visual clutter. Sandwich boards have the potential of being an eyesore and distracting from the goals set out in the 2030 Vision and Strategic Plan. The City Council finds that its legitimate and substantial interest in protecting public safety and welfare and preventing them from becoming an eyesore are sufficient reasons to prohibit the display of sandwich boards in the City, but it is impossible to predict with certainty the risks will materialize. Therefore, sandwich boards will be permitted in the "TC" , "C" and "I" Use Districts on a temporary and experimental basis. For the reasons stated above in Subsection 1107.817 of this Section, allowing sandwich boards, shall Sunset on January 1, 2013 without any further action of the City Council on January 1, 2013. If the City Council finds that sandwich boards have not been a risk to the public safety and welfare, and have not had a negative impact on aesthetics in the City, it may rescind subsection 1107.817 with the same formalities it was adopted. Streamers. Pennants (noncommercialt Temporary streamers and pennants for noncommercial, public and semi-public uses may be erected for a period of not more than 14 consecutive days. A maximum of 3 permits per property may be granted per calendar year. Street Banner: Street banners are permitted in the Town Center, and Commercial or Industrial Use Districts for locations authorized by the City Engineer. Such signs may be displayed 14 days prior to and 3 days after the public entertainment or event. Subdivision Identification Sians (515): Subdivision identification signs are freestanding, on-premise, permanent signs permitted in the "TC" , "C", "I", and "R" Use Districts and used to identify a residential subdivision, a Planned Unit Development, a commercial development, business center, or industrial park. 1) Residential Districts. Freestanding signs indicating the name of a residential subdivision, or PUD neighborhood with a residential component are permitted for the purpose of permanent identification. At each principal entrance to such an area, a maximum of 2 signs, not to exceed 50 square feet of sign area per side with a maximum of 2 sides, excluding decorative landscaping and sign base, will be permitted on private property. The maximum height of such signs shall be 10 feet above the natural grade. 18 2) Commercial and Industrial Districts: Freestanding signs indicating the name of a business center shall be permitted for the purpose of permanent identification. At each principal entrance to such an area, a maximum of 2 signs, not to exceed 50 square feet of sign area per side with a maximum of 2 sides, excluding decorative landscaping and sign base, will be permitted on private property. The maximum height of such signs shall be 10 feet above the natural grade. In the Town Center, and Commercial and Industrial subdivisions with frontage along TH 13, CSAH 42 and CSAH 21, 1 freestanding subdivision sign may be located along the frontage of TH 13, CSAH 42, or CSAH 21. In the TC, TC-T, C-1, C-2, and 1-1 districts, the maximum height of the sign shall be 20 feet above the natural grade. In the C-3 district, the maximum height of the sign shall be 10 feet above the natural grade. In the TC, TC-T, C-1, C-2, and 1-1 districts, this sign shall not exceed 100 square feet in area per side with a maximum of 2 sides. In the C-3 district, the sign shall not exceed 80 square feet per side, with a maximum of 2 sides. Freestanding subdivision signs permitted under this subsection must also be located at least 40 feet from any other freestanding sign. 3) Setbacks. Subdivision identification signs must be located at least 10 feet from any property line, regardless of the Use District. The sign may not be located within a traffic visibility area as defined in subsection 1101.506. 1107.821 Strinas of Liahts: Lights strung by wire, cord or similar means, other than temporary holiday lighting, shall only be allowed in the "TC" or "C" Use Districts. No flashing or blinking lights shall be permitted. 1107.900: PERMITTED SIGN AREA; BUSINESS AND INDUSTRIAL DISTRICTS: The signs regulated by this subsection are on-premises signs that identify or advertise a business, person, activity, product or service ("activity") that occurs on the property where the activity is located. On-premises signs must be located or placed upon private property, be securely built, installed and maintained to conform to the requirements of this Section. Refer to Section 1102.809 for additional sign regulations related to the "TC" Use District. 1107.901 Wall Sians: Wall signs are allowed, by permit, in the "TC", "C", and "I" Use Districts. Except in the IC-3" Business Park Use Districts, the total area of permanent wall signs shall not exceed 20% of the area of the total building front; provided, buildings over 3,000 square feet of floor area may add one 19 square foot of sign space for each 100 square feet of floor space over 3,000 square feet. Within the "C-3" Btlsffise:::: P3rk Use Districts, each principal building shall be allowed wall signage equal to 10% of the area of the front building elevation facing a public street; provided, multi-tenant buildings with tenant entrances on a side of the building not facing a public street, may have additional signage on those entrance sides with a maximum aggregate area per building elevation of 5% of the area of the front building elevation. In all districts, no individual wall sign may exceed 200 square feet and no wall sign shall project from the building line more than 15 inches. (Additional regulations may apply for specific signs, see Subsection 1107.800) 1107.902 Freestandina Sians: Within the "TC" , "C", and "I" Use Districts, 1 freestanding sign is permitted per street frontage. In the "C-3" Use Districts, the maximum height shall be 6 feet above the natural grade adjacent to the sign. In the "TC", "C-1", "C-2", and "1-1" Use Districts, the maximum height of the sign shall be 20 feet and shall be measured perpendicularly from the highest point of the sign structure to the grade level of the ground directly below that point or the grade level of the center line of the adjacent street, whichever grade level is higher. Except in the "C-3" Use Districts, the maximum size of a freestanding sign shall be 1 00 square feet per side within a maximum of 2 sides. Within the "C-3" Use District, the maximum size of a freestanding sign shall be 80 square feet per side with a maximum of 2 sides. No freestanding sign shall extend beyond a property line, or right-of-way line or be located closer than 40 feet to another freestanding sign. Freestanding signs must be set back at least 1 0 feet from the property line, or right-of-way line, whichever is greater, with the exception of "TC" Tmvn Center District where a freestanding sign may have a zero setback (setback measurement will be from the part of the sign closest to the property or right-of-way line.) (Additional regulations may apply for specific signs, see Subsection 1107.800) 1107.1000: CALCULATING SIGN AREA: The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by drawing a box around the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The structural supports for a sign, whether they be columns, pylons, or a building, or a part thereof, shall not be included in the calculation of the advertising display area. 20 / " J......IC&..."r -At! H.::> 12'-1 ~c:>.... r"", L- \N'PTH ) I' I- ;r II ii !. J 0( . ~ lQ~ . II :> ~ .. " ~ "-/ 1107.1001 Individual Letters: When attached to the surface of a building, canopy, awning, wall or window, the sign area shall be calculated as that part of the smallest rectangle or other geometric shape that encompasses all of the letters or symbols. The sign area shall include all lettering, wording, and accompanying designs or symbols. 1107.1002 Multi-Faced Sians: The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from anyone point. When 2 identical sign faces are placed back to back, so that neither faces canRGt be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. 1107.1003 ComDutation of Maximum Total Permitted Sian Area: The amount of signage allowed on one property is calculated based on the sum of the sign area of each individual sign. The allowable sign area for all individual signs on a property shall be computed by applying the formula contained in Subsections 1107.900 and 1107.1000. Properties fronting on 2 or more streets are allowed the permitted sign area for each street frontage. 1107.1004 Setbacks: Unless noted otherwise in relation to a specific Zoning District or sign type, all signage shall maintain setback of 10 feet from any property line. 1107.1005 Variances: Variances to Section 1107.400 through 1107.1700, Signage, are not permitted. 1107.1100: PROHIBITED SIGNS: Except as explicitly otherwise provided in this subsection, the following signs are prohibited: 21 ~ Advertising signs. ~ Animated signs. ~ Beacons. ~ Bench signs. ~ Billboard signs. ~ Home occupation signs. ~ Projecting signs-outside the TC District. ~ Roof signs. ~ Traffic interference signs. 1107.1200: SIGN PLAN REQUIREMENTS: No sign permit shall be issued until a Sign Plan for the entire property and/or building on which the sign will be erected has been submitted to the City and approved by the Zoning Administrator. The purpose of the Sign Plan is to provide accurate information for the City to determine whether the proposed sign is in compliance with the requirements of this Ordinance. The Sign Plan shall include: (1) An application for a Subdivision Sign shall contain a certified copy of the plat approved by the City Councilor a certified survey of the property that the Subdivision Sign will identify. The Zoning Administrator may also require the applicant to locate lot corners on the site to verify the sign location. All permanent freestanding sign applications shall provide a survey that reflects all private and public easements on the property. (2) Area calculations for each exterior elevation of the building, total building area, and the proposed location of signs on each exterior wall elevation. (3) An accurate indication on the surveyor plat plan of the location, area, and dimensions of each existing wall and freestanding sign and proposed future sign of any type, whether requiring a permit or not. (4) Lettering or graphic style, lighting, location of each sign on the building, materials the sign will be constructed of, and sign proportions. (5) A duplicate copy of the sign information ~r.c:~ the property owner will provide to all tenants with the approved plan. (6) Plans, specifications, and method of construction or attachment to the building or in the ground, including all dimensions, showing all light sources, wattage, type and color lights, aOO details, and the manufacturers specifications for the lighting fixture and at any light shield or shades that will be used. 22 ~107.1300: SIGN PERMIT REQUIREMENTS: Before a sign requiring a permit under the provisions of this Section is placed, constructed, erected, modified, or relocated the property owner shall obtain a sign permit from the Zoning Administrator. The property owner shall maintain a sign permit for all signs on the property. Any sign involving electrical components shall be wired by a licensed electrician. A building permit may be required in cases where the International Building Code warrants it. 1107.1301: BANNER AND SANDWICH BOARD SIGNS. Permits for banners and sandwich board signs are issued annually. A banner or sandwich board permit is valid for one year commencing on January 1 sl and expiring on December 31st of the year of issuance. An applicant may apply for a banner or sandwich board permit at any time during the year, but the fee will not be pro-rated. If a banner permit is issued for a multi-tenant building, the property owner shall allocate the time among the tenants to display the banner for the specific purposes as provided within this Ordinance. An owner or tenant who has obtained a Banner Permit may allow their banner space to be used to promote a Special Event, as defined in this Ordinance. The property owner and/or tenant shall be responsible for making sure the banner is not displayed more than 30 days prior to the Special Event and removed at the conclusion of the Special Event. 1107.1302 Aoolication: Application for a sign permit shall be made in writing on the forms furnished by the City. The application shall contain the following information: y Name, address and telephone number of the property owner, the owner of the sign if applicable, and the company or individual who is providing and installing the sign. y Address and legal description of the property where the sign will be located. y A copy of the Sign Plan. y Other pertinent information as may be required by the Zoning Administrator. The permit application shall be signed by the applicant. When the applicant is any person other than the owner of the property, it shall be signed by the owner of the property. 1107.1303 Exemotions: The following sign modifications shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its proper erection and maintenance, 23 and its compliance with the provisions of this subsection or any other law or ordinance regulating the same. ~ Changing the advertising copy or message on a marquee, changeable copy, electronic message or similar sign specifically designed for the use of replaceable copy. ~ Painting, repainting, replacement or cleaning of a legal sign structure or sign whereby only the color or message is altered. 1107.1400: MAINTENANCE: All signs shall be maintained in a safe, presentable and sound structural condition at all times. Maintenance shall include painting, repainting, cleaning, replacement or repair of defective parts and the like. Any sign which the City finds is in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the property on which the sign is located. 1107.1500: LAPSE OF SIGN PERMIT: A sign permit shall lapse automatically if the business related to the sign is discontinued for a period of one year. If the sign is not removed or a new permit for a sign allowed by this subsection has not been issued within thirty (30) days of notice of permit expiration, the City may have the sign removed and assess costs back to the property as provided by Minnesota Statutes, Chapter 429. 1107.1600: REMOVAL OF SIGNS: A. Temporary Signs: If the City finds that any temporary sign is unsafe or insecure, a menace to the public, placed in the right of way without City approval, or in violation of the provisions of this Section or any conditions set out in the sign application or approved permit, City staff may remove the sign. The City shall not be responsible for storing or any loss or damage to any sign that is removed. The City Council may establish a fee, in the Fee Schedule it adopts annually, for the return of any sign removed by City Staff. B. Permanent Signs: If the City finds that any permanent sign, or other structure regulated herein is unsafe or insecure, a menace to the public, or in violation of the provisions of this Section or any conditions set out in the sign application or approved permit, the Zoning Administrator shall give to the holder of the permit written Notice of what actions the owner must take to correct the violation. The owner shall bring the sign into compliance with this Section and correct any issues identified by the Zoning Administrator within 7 days after the date the Notice is issued. The Zoning Administrator may, if there are mitigating circumstances such as weather or a holiday weekend, that impact the owners ability to complete the work within the 7 days set out in the Notice, the Zoning Administrator may, in his or her sole discretion, grant the owner such additional time as may be reasonable to 24 complete the work. Any extension must be in writing. If after receiving said Notice or an extension thereof such person fails to remove, correct or alter the sign to comply with the provisions of this Section, the sign shall be deemed a public nuisance. The City may abate a public nuisance. The cost of abatement, including administration expenses and reasonable attorneys' fees, may be levied as a special assessment against the property upon which the sign is located. The City may cause any sign or sign structure which is an immediate public hazard to be removed summarily after a reasonable attempt has been made to have the property owner remove the sign. Notice of violation will be sent by certified mail to the property owner and, if applicable, to the person to whom the permit is issued. 1107.1700: REMEDIES FOR VIOLATIONS OF THE SIGN ORDINANCE: The remedies available to the City set out in Minnesota Statute Section 462 are cumulative and the City's election to pursuing one remedy instead of another remedy does not mean that the City is waiving its right to pursue one or more other remedies concurrently or sequentially. The City may impose a fine, not to exceed $500.00 per day, for each day a sign is in violation of this Section. No sign permit shall be renewed until all outstanding fines have been paid. The annual fee for any sign permit that was in violation of the Subsection or its sign permit in the preceding year shall be $500.00 plus the annual fee. Section 3. Section 1102.809 of the Prior Lake City Code is hereby amended as follows: 1102.809 Desian Standards in the "TC" Town Center District. (1) Prior lake Downtown Building Design Guidelines. The design standards outlined in the "Prior Lake Downtown Building Design Guidelines" are hereby adopted and incorporated into this Zoning Ordinance by reference. The Design Standards are established to preserve and promote a designed to be theme of a Traditional Downtown aesthetic. All new construction and redevelopment shall incorporate the criteria included in these guidelines. In addition, the following design standards shall supplement the "Prior Lake Downtown Building Design Guidelines." Compatibility with Traditional Downtown Theme. The Design elements, including but not limited to, building materials, fac;ade design, windows, landscaping, lighting, and signage shall be compatible with the Traditional Downtown theme for improvements within the Downtown as expressed in the "Prior Lake Downtown Buildina Desian Guidelines". 25 (2) Renovation of Existing Buildings. During the renovation of an existing building any fayade additions that are not compatible with the style and period of the building should be removed to the extent feasible. These may include, but are not limited to, wood or plastic shake mansard roofs, plastic or oddly shaped awnings, window opening infills, or surrounds designed to reduce the size of window openings, modern siding materials inconsistent with the original fayade, and light fixtures inconsistent with the building's original style or the Traditional Downtown aesthetic. ~ Masonry buildings should be cleaned as necessary to lighten the overall color. ~ New masonry work should match the color and materials or the original fayade. ~ Wherever practical, fayade renovations should not destroy or cover original details on a building. Brick and stone facades should not be covered with artificial siding or panels. ~ Original window and door openings should be maintained wherever practical. New window and door openings should maintain a similar horizontal and vertical relationship as the original. (3) General infill principles. Infill buildings should reflect the original design of surrounding storefront buildings in scale and character. This can be achieved by maintaining similar setbacks, cornice lines, horizontal lines of windows and openings, and compatible building materials and colors. Where such original buildings are missing or have been extensively altered, the other design standards in the Section shall be applied. (4) Mechanical Equipment Screening. Utility service structures such as utility meters, transformers, above-ground tanks, refuse handling; loading docks, maintenance structures and other ancillary equipment must be inside a building or be entirely screened from off-site views by a decorative fence, wall, or screen of plant material of sufficient height. Fences and walls shall be architecturally compatible with the primary structure. Loading docks or doors should always be located on a side or rear elevation. (5) Signs. Within the TC District, maximum sign area per property for oermanent exterior sianaae shall not exceed -i 2.....square feetfaet of sign area per linear foot of the front facade of the buildina stroot f3yade at tho front yard. In the case of sinale tenant buildinas. no more than two tvoes of oermanent sians are oermitted oer facade (for examole: one oroiectina sian and one awnina sian. or one wall sian and one awnina sian). In the case of multiole tenant buildinas. GQne sign is allowed per business for 26 Section 4. each usable public entry to a building. WslI ::i~r.:: anc projecting ::;ign::; sre f)efr.1i~~e€h-Free-standing signs are permitted only in an existing front yard. ~ Proiectina Sians: Projecting signs shall not exceed the sum of 14 8 square feet in area and may project no more than-4 ~feet from the building face. orovided that thev do not infrinae on the oublic riaht- of-wav. Signs must maintain a minimum clearance of 9 feet above a sidewalk and 15 feet above driveways or alleys. No projecting sign shall be located within ~ 10 feet of another projecting sign. ? Sian Desian Guidelines: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building and with other signs or nearby buildings. Signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building's architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. ~ Sian Colors: Sign colors shall be compatible with the building fagade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. A combination of soft/neutral shades and dark/rich shades within the palette of the building colors shall be used. ~ Materials: Sign materials shall be compatible with the original construction materials and architectural style of the building fagade on which they are to be displayed. Natural materials such as wood, stone and metal are preferred but other materials that are equally durable and replicate the appearance of natural materials are acceptable. r Illumination: External illumination of signs IS permitted by incandescent, metal halide or fluorescent light that emits a continuous white light. Light shall not shine directly onto the ground or adjacent buildings. Neon signs are permitted in windows. Internally lit box signs and awnings are flat permitted, with the exception of theot:::r r.1~quees. Section 1101.400 (General Definitions) of the Zoning Ordinance is hereby amended to add the following definitions: PrinciDal Buildina. The buildina in which the orincioal orimarv use of the lot is conducted. Lots with multiole orincioal uses mav have multiole orincioal buildinas. but storaae buildinas. aaraaes. and other 27 c1earlv accessorv uses shall not be considered orincioal buildinas. In no case shall a fence be classified as a orincioal buildina. PrODertv Owner. Leaal owner of orooertv as officiallv recorded bv Scott County. Sian Plan. A olan suoolied bv an aoolicant as Dart of a sian oermit aoolication. The Sian Plan must contain the necessarv information as detailed in Section 1107.1200 for the Zonina Administrator to fullv evaluate if a orooosed sian will be incomoliance with Section, 1107.400 of this Ordinance. SDecial Event. A fundraiser. festival. bazaar. tournament. or similar event soonsored bv civic oraanization. nonorofit oraanization. aovernmental entitiv. or semi-oublic oraanization. Section 5. A Summary of the Changes to the Sign Ordinance, is approved as a true and accurate representation of the amendments to Sections 1107.400 through Section 1107.1700, Section 1102.809, and Section 1101.400 of the Zoning Ordinance and Summary Publication is authorized. This ordinance shall become effective on September publication. ,2010, after its passage and Passed by the City Council of the City of Prior Lake this 16th day of August 2010. ATTEST: City Manager Mayor Published in the Prior Lake American on the day of August, 2010. Drafted By: Prior Lake Community Development & Natural Resources Department 4646 Dakota Street SE Prior Lake, MN 55372 28 1107.400: SIGNAGE. Findinas. Puroose. and Intent. Findinas. The size. heiaht. location. illumination. distance between. and proliferation of sians in the Citv raise constitutional and reaulatorv challenaes for the Citv. Sians are one means used to communicate non- commercial and commercial soeech and messaaes. and therefore are protected under the First and Fourteenth Amendments to the U.S. Constitution. However. the size. heiaht. location. illumination. and distance between sians creates: hazardsiPyodistractina drivers' attention from the road: can be an evesore and imnam aesthetics. orooertv values. and civic oride. The Citv Council finds that it has aJeaitirria~>and substantial interest to preserve and orotect the oubfie'welfare and:~fetv. and oreserve the aesthetic aualities and chara&tinstics in and oft~e>Citv. This Ordinance was written to orotect the CiN~~:r)d its residents. The Citv Council .finds it has>tEe;qitimtije and subsfall~al interest in oromotina and o~ina the oul:ln~welfare. safetv.and morals of residents and main~j~fn(i>'Ci~d enhar1iJ:.~9 the aesthetic intearitv of the Citv. While the C~:: be11eves its irit~~~ts in reaulatina sians are substanti~Liit also belli3ves<>t~>>iFirst 'A~~ndment is one of the. cornerst~m>a vital ani,(eleva~~:~ocracv:and that thev have sworn an oaIb:to d~f!I'Ki,. orote(!jj:and:j:ites~Ne;:tne rFirst Amendmentl of the. Unitecij~ates. " '"'''' "",. '"'''''' ,', ^ "",' , rq~proviS16~>tfthiS:€.}fdi~an~;~re intended to: (1) Advance the Citv's ~[.~ artic.Uited tieFii~;:>. and:>:(2) "Is not more extensive than i~ necess~;::,!O s~~rthoser;jrierestsrsl." The individual orovisions are content-n-elijIal andijQ not favor commercial soeech over non-commercial.. Durina thedtiftina ~'~~~ess. each orovision was evaluated to assure tha~ /<t~re are notan~ restrictfi5ns on the means of soeech. The;:;Citv Coun~1 finds that the reaulations in this subsection vary deoen:ai~':.-lo.~~~ Use District where the subiect sian will be located. The Citv counil;;lnds that the essential characteristics. and activities and character are different amona the "TC". "C". "I" and "R" Use Districts. There are substantial differences between a orivate residence in the "R". Use District and a manufacturina facilitv in the "I" Use District and these differences suooort the varvina reaulations between Use Districts. The Citv Council finds that the reaulation of sians imoosed in this Sian Ordinance were evaluated to ensure alternative means. methods and forums of communication ~~il)t to r.omrnunica!*= ~oeakers' messaae foreclosed bv these sian reaulations. These reaulations are necessarY to achieve the Citv's leaitimate and substantial interests. Without these reaulations the Citv will be unable to orotect and oreserve the oublic health. welfare. safetv. and aesthetic aualities in and of the Citv. Puroose. The purposes of these sign regulations are to further oromote and orotect the followina substantial aovernment interests: 1) te eRSCI::rc:!i'J8 the effective use of signs as a means of promotion and communication in Prior Lake; 2) te-m3in'k:in t::na-enr.::nse the aesthetic environment and the City's ability to attract sources of economic development and growth; 3) t3 imprave peg~~trian and traffic safety; 4) te minimize the pcccH~le ootential for the C\gy~rse effect of signs on nearby public and private property; and 5) to 9~~.Q.!~ the fair and consistent means tlSe-Gf s-t.;thority to enforce these sigr'lt~stfi(}tipns. 6) the number. location. size. tvoe. illumination and other: [)t\vsical~.ar:acteristics of sians within the Citv in order to oromote the:public health.safetv. aeneral welfare. and orooertv values: 7) assurina~tthe oublic is noteooanaered. annoved. or distracted bv the unsafe. disC:>IQerlv. indiscriminate or':l:Jf)necessarv use of exterior sians. The provision::J of th!~~~l:>section af3igtWr'lded to encv:";;-~ge--Gf::::ti'.tity, The Citv Council finds thatt~se sian redtititions do not denv a business or other entitv a reasona~l~de!lJr~.~of freea~it~ of choice in the desian and olacement8f~ianaae,~~E;~~brt~ni~xfor efl~8tive c3mm~nic3tion, sn:! ~ S3r.eo Qf9Qril9~ro for tho'(i~I::c:1 ::r;l.~l'liti~~. on th~ ~rt of those '.'.'ho design 3nd g:!~~I~}' exte~i8f ::JiWl&-w~il~'j"~(thesal"Jl~Jime, assuring tAat the public is not;:~rJdanger~~. annoye9.or distracted by the unsafe, disorderly, indiscrimih~te or l,Ir)oecessaryu~~ of exterior signs. ,',,",. .,,'.,".,',",", .,.>.'-,-.,'.,.,..,.- -"..'.."..' 1107.$Q.0= INTERPRe'TATION::::Gection1'W~300 of this Zonina Ordinance addresses statutorveif:lstrudfOh:and interoretation orincioles aoolicable to this and //:all Sections<Gfthe Z~it1a Ordinance Principles for cOr.1pL:ting cign t::rea <<~3 ::Jign ~ght do sontt::ine:! in SL.:b::Jeetbn::J 1107.900 ana 1:107;:: 1 OOO.Themafinition of sian tvoes in Section 1107.501 is intearal to the <i1ieroretati6ffof all subsections of the Sian Ordinance. reaardless of the uS~;9tca.ema-f: 1107.501. Sign Definitions: Address Sign. An on-oremise sign aivina the name and/or address of the buildina or oremises OOR:-::ting of identific3tion m:r.1bors only, eitR3r in written ~ nl::meRcc:1 f9fffi which is compliant with City Code addressing requirements. Advertising Sign. Any permanent non-governmental sign and sign structure, advertising products, services, commodities, entertainment 2 or other activity.:. not offeree at the location of the sidn or not exclusively rcklted to th:::: ;xemises on 'J.'hiE:h the-sign b located. Athletic Field Sign. Any advertising sign located on the interior- facing of athletic field fences or scoreboard of a City athletic field in accordance with City policy. Animated Sign. Any sign that uses movement or changes in at lighting to depict action or create a special effect or scene. includinq but not limited to flashina and scrollin9;.,sSigns with visible moving, rotating parts, or other visible megl'1.~nical movement are animated sians. '.."."..".."..'.'..' " Awning. A non-rigid hoo9prcbver prQJegting from a building, which r.::ey can be folded, COIlCiH~~(:1, or retracted:c.9ainst the building. Balloon Sign. A tempQt~ry sign which is printe9,.painted or attached to a balloon which is secut~9 to a P~rrnanent strUl.1t.lJ.re or the ground in a manner that doeSrl9:t/ a!low.>it to move <aoout within the atmosphere: . . ,.-",-,,,,,,,',', ...., ......... - Balloon Sign,T~~hereg:'~:tempol"aJ"Ysign which is printed, painted, or~~gyred to a b~~lpon whi~bis attaol"l'19 to a rope, chain, string or Pm'1r.c;t~yige, allovJih~jt to rn~~~j!:\l~9ut within the atmosphere. i'/,,"/,"/,'" ',','..:.....,...... ':,>>>> ./_,',i'.,';.<"<__>,' "/,', "-",-:,;" . -:<'>:~::;,' -";:;:;:;"'-, ,.<:;:<:::;:>,- "':' :::;:<<-> :lEi!1ner Sfgp. AnY:::t~mporary on~oremise. commercial sign at Iigh~~'~ight:f~~ris-3r 3imil~t.rnatefial intended to bo h~n9 either with or witfljgt..fr~me~;<p()sses$iP9 characters, letters, illustrations, or :Qrnani.eQt~fions appH$9/to<paper, plastic, or Iiahtweiaht fabric of any kiQ9< to ad~rtise orod~: aoods and/or services sold or orovided on the~ft)Dert\l~F:::i soecial event. which is of lighh'.(eight fe~rie-or :Y.~il=:r mat~'f:i~l..intende~<~() be hung either with or without frames. National flags, st~t~ or municipal flags, or the official flag of any institution or business snail not be considered banners. "',,". ,...,...., '/-;..,,; 1!j~~P9~,<>Any light with one or more beams, that is capable of beiR9 rev~t!li~Qea automatically or being directed into the atmosphere or directed at one or more points not on the same lot as the light source. Bench Sign. A sign attached to or painted on a bench for seating. Billboard Sign. An off-oremise billboard, poster panel board, painted bulletin board or other communicative device which is used to advertise (billboard) products, goods and/or services, any part of which are not sold, produced, assembled, manufactured, furnished or 3 otherwise related to activities conducted on the property where the eA WAbh 5~sR sign is located. Building Marker. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete, or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure. Business Sign. A sign that advertises or describes rol::lting in its sl::~je3t msttor to tho property on.I~~~n it b loc::ltcd or to products, ::lccommosati9RS, aoods. se"li~~>or activities sold. oroduced. assembled. manufactured. furniShed or otherwise available at or located on the premises op~rty. . Changeable Copy Sitttl.A sign or portion~~~reof with characters, letters, or illustrations JbCit can be changed Qf>.[earranged without altering the face or the>~l.Irface(>f.the sign.. 'The electronic or mechanicalip8ication of til'11~Br;jt~rnperature orstq~~ market data shall be consj~~r~~ a "publics~~ice sign" ::lnd not or a changeable copy sign fortt')~>pi.lrpC)~es of this~rginance. Community PaNt::Eveilf:Ws.~p.. A <tenloorarv sian related to an ~~~jOf.. event oe~itted .j~j::a::~~01munitv Park". as defined in the . :eiro;sC~Drehens~. p~~j< 'ft:te:temoorarv sian mav onlv be ... t-l~Qlaved iij:tn.e soeci~t~6mmunitv Park for the duration of a soecific event. , ' , . ",',','" .'.,...,...',',',',.... .,.....<'.< ~ -, ,- , ,. ~ , .' .~ .' -, .' ,. .' " " , , . , ' , .. . ' , , ' , , "" ""." . ,.......... ...........,.....,.,..., ,"'-'- ",',',','," ,.,.,.,.,.,.,.,.,.,.,.,."........,., ,-,,-', .-....-.....:::":."""/""/ -"-"""-:',',/', '.~r;msfrl.J~.tl6n Slgl1.h sigh giving the project name, name(s) of .pfil1<;ipal>cgl1tractors,.arQt')itects, and lending institutions responsible for [t3.QJ')structiQp on the.. site prooertv where the sign is placed, togett'l~r~ith ott')~Lsales related information included thereon. Directiol1il Sign. A sign erected on private property for the purpose >9f directlOg vehicular and pedestrian traffic to public facilities or f(jt'!<;ti9n~:a sign on which the names and/or locations of occupants or thet.t~~<of a building is given, including office buildings and church direCtories. Election Sign. A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election. Electronic Message Sign. A sign which shows messages and graphics that are changed by electrical pulsations, other than public service signs. 4 Flashing Sign. An illuminated sign on which the artificial light is not maintained constant in intensity and color at all times in which such sign is in use or any sign which by mechanical means appears to simulate a flashing sign. Freestanding Sign. Any on-oremise sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure. Ground Monument Sign. A block<~pe sign structure not supported by poles or braces, but rather pl~~~gOirectly on the ground. "...."..,.. .." Illuminated Sign. Any sign WhIch has qha racters , letters, design or outlines illuminated by arti'fi~ial light directed..to or from the interior of the sign. . . Incidental Sign. A signn~ying afi:lpe which me~ts Department of Transportatio9~tandards an(;t'ttl~jpti>ls located on>r:Wvate property. An incidental~iQf"lhas a purpos~...~econdary to the primary use of the property on ~hi9hitj~ ...Iocated '>~M8h as "no parking", "entrance", "loading only", 1't~lephol"l~I'!and othe~~imilar directives. No sign with a c9mmercial mes~ge shal!~.econsid~f~d incidental. . . . . .. . .. .. , . . .. . . , ... .. .................. ,-",', ...... " ............. -, ......................... ....... ................,-.............., .,...................... ........... ...;...........,., >.Institutional Signs.Anoo~ore",;~sjgn which identifies the name . ahd other Characterisiics<of a public or semi-public institution. or: tr.e proporty where the sign it loc3ted. ............ ..................... ',,',,',,',"<", .,..,..,y..,..."..'..'..'".'.,........'..... ............. ..'.,.... . . w.teriii'lilWldingDi~!tJt1..,~~ny si~n inGiao c b~ilding not ctt3ched to n~'ipdow<()r.cjoor, WhfGh>'{~ not Icgiblc from ~ aic~~nce of more th3n 3 fe€~~~yondth~13~ line ofthe ;:roperty on whi~," ~l:~h ~i~n is located. Lake S~ryice Sign. Signs accessory to uses which depend on patrons a.friving by watercraft. L~gal.>IjQ,,-Conforming Sign. Any aGveF.:iE:~r.g :1tr~Gt~re-eF sign that 'J.'llt~~'l..as lawfully existed on or before Auaust . 2010. the effective date of this Ordinance. erectec ant:! mainffiiAeC pri9f-to G~sR tim:: aE i~ ~3r.1e within th:J p:::rview-ef ~hb GaGe, and any amendments thereto, but that and 'Nhich fails to conform to all applicable regulations and restrictions of this Ordinance. Marquee Sign. Any sign attached to or made a part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along 5 and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather. Menu Board. A sign that indicates selections available at businesses that serve customers via automobiles, such as a fast food establishment with a drive-thru facilitv. Non-Commercial On-Premise Sian. A sian displaved bv the owner of orooertv or tenant used to communicate. exoress. convey or deoict a messaae or viewpoint held bv the owner of the propertY or a tenant. Off-Premise. Advertisina Sian.Anv permanent non-aovernmental sian and sian structure. adverti$iI"looroducts. services. commodities. entertainment or other actiyjt'l~ot offertUt~t the location of the sian or not exclusivelv related to:me'Dremises on::Which the sian is located. Off-Premise TemDora~ Directional Sian.A:temoorarv sian that orovides direction to a new>,residenttal develoorr1~t, or a new facilitv housina a P~9Vc or nonprofrt~r{JClfl1.Z~lfton. '''''','. ."","'." .<.,"'''''''".. ..... >>'"<>>>....;., .............; '."/.."/......."........ .........:. On-Premise.~qjsina Sian.Anv permanent non-aovernmental sian and sian Strocture~>.~vertisinaD.,.9ducts. services. commodities. and~Qtertainme~~ locatil> on the:Memises where the sian is j~l~nea,nd mainta.itted. " .. ^ ^ , ' " , , " " , , , , , '0 .. ~ , , , .. " .. .. , , .. " " . " " .. . . . , . . .. - - - - .. - , .. . " . " .. .. . . . . .. .. .. .. - - - .. .. .. .. - , . ..... .n..... ......., ~tf;Prcmjj;~f Annou,,"~~ents. ^nrfo~ncements of concEr-s, ~Ic:ys, lec~w~ ::g9<~I~b ccti'i1ti~>~ 3n~ ~he-Hke pl3se~ in the 'Nindo'Ns of 6fx'saF1~~nsijuSitt~~~~ ir: /~~~dnEcc or Inc~3trial Z9A& . , . , .. . . .. . .. . . "k~~l'JtedV('!/I Sign.A>sign which has been painted directly onto a buildlQg waH;.I..I~ing the wall material as a base of the sign. Pennant. Any lightweight plastic, fabric or other material, suspended from argpe, wire, or string, or other material. usually in series, >>::>Qlasignedt() move in the wind. ...,....,...,...,.....'. ..,..-.,--., "-....-.. .,..--., ^..-..--. ---.'---.-.'.- Poftjblii Sign. Any temporary sign not permanently attached to the groUnd or other permanent structure, or a sign designed to be transported, including but not limited to, signs designed to be transported by means of wheels, signs converted to ,^, or T fr::r:1es, aM includina signs attached to or painted on vehicles. unless the vehicle is used for the day to day ooerations of the business. A sandwich board sian is not a "oortable sian" for the puroose of this Ordinance. 6 Projecting Sign. ARY sign other than a wall sign affixed to any building or wall where the leading edge extends beyond the building or wall. Public Service Sign. A sign that displays time, weather, stock market data or public information and does not etRer ~h::r. advertisgffig faf any product or service. Public Sign. A sian that has been erected on behalf of a aovernmental bodv for the puroo~ of postina leaal notices. identifvina oublic orooertv and conv~~o public information: includina but not limited to directional sicwm.:,eaulatorv sians. warnina sians. and informational sians. ny pl.l~},~<nd)ti(Jo or 'Ncrning required by an ~~c:~Ie---Feaarc:l, S~c:~e, 9.r..16tallaw,u:~gl;:!atif)n, 9F--eF8inc:nsc; dWlS of c: n9A-€3mmeFe~~ r.'3~l.;r<3Er.c in the pLJplig intorxt, erecte3 b~T-9f en ~ho order of c: ~I;:~\i~~fficer in tho porbrmepco of p:::9He-CL:t~~ 3S directier.d ci~n3, rag~lotory sign3, wc:rnir.;\sigl1~, sigRS--fcr ~c:Fks, aAEl-for pL:blio bL:ilSiRgc ~h~jf.brr.13~f.~1 :ign~. Real Estate~isl~.. A temporaWsign erected on private property for purposes ofa:Clyeiti~ing the sal~.qr lease of a particular building and/or property: - .. .. .. .. .. . . .. .. . ',,' ......'...':..-.......'.....>.. .. .<...;..../ ~~!al Namf;<~te ~;'"r~sianlocated on a residential D~mise:<~ina onlvtl~>~~or~s. or both of the premises. ............... .,.......... .,.,......... ,..<...... ....... -,.. '............ ',,",';';" ......... ROC>tSig~..:_:_1-\~ign er~~~d upon or above a roof or parapet of a -_< ...<_<.. _. bujjdl~g<<9.~:~at>Y'~me eav~~in the case of a hip, gable or mansard - -.<rqqf wfi~'r~<the plan~qf thereof is less than 60 degrees from the 't1Qri:?:ont~I.< RotatIng Sign. A sign which revolves or rotates on its axis by mechaHic~1 means: Sandwictj<Board Sian. A sandwich board sian. sometimes referred '<~\~Cl:~~walk sian. is a freestandina. two-sided "A" frame type sian ora::$"" placed on an easel. that does not reauire stakina into the pround. olaced near the entrance of a commercial buildina to direct oedestrians to that business and/or to advertise events. services. and poods orovided bv the business where the sian is located. Seasonal Sian. A temporarv on-premise sian limited in duration of time and placed on a premise for a specific puroose that is not part of a business' onaoina activitv. Seasonal sians include. but are not limited to Christmas tree and wreath "For Sale" sians. farmers market 7 sians. similar seasonallv oriented sales. and sians advertisinq temoorarv aaricultural commodity sales and transient merchants. Semi-Public Use. A use owned or operated by a non-profit, religious or charity dependent institution and providing educational, cultural, recreational, religious or similar types of public programs and activities. Shopping Center Sign. A freestanding on-oremise sign identifying a shopping complex that contains at lec;\~t one major tenant (such as a grocery or department store) and.~~~ohdary tenants. A lineal strip center is not considered a shoppiog<complex for the purpose of this Ordinance. ......... Snipe Sign. Sign(s) of~n:Y<material wnatsC).ever that are ts painted on or attached to. in~tly"manner. way to a<Utility pole, tree, rock or any object located or ~ity~ted on public or privat~property. SDecial Event Sian. A tern~ap/i$KJn. such as aDanner. sandwich board sian. ti<ii1mdow sian. er~~bv a civic oraanization. nonorofit oraanization.d~~:~,,'~~ental enti~i~~semi-oublic oraanization used to oromote or ideffll:fv a>i~lJundraiser~,festival. bazaar. tournament or similarevent. ........ $treet>'BiJill1er. AnYJ~ropbrary >p~Dner sign which is stretched i~~ross andgung ove"i~pUblic right::of-way which advertises public ent~~~inm~~t9r a publio~>yent. ,',>, >>>>>~ ~///,,'-/_ .. -; c" .^. '__'..,_.' ,', '..-'.."..'-..".,'.J.' -U.,'.'. '-.."..'..-.,".,".,".,'-,. ',,".,',." <.~~bdi.lden~D.. Smn (SIS). An on-oremise freestandinq "~n: use;i!:i!ilo identir-;t:!:j;residential subdivision. a Planned Unit De~Dmefflj~!;:;;~ commercial develooment. business center. or indu~tmlt oark':;' , '<< .. Tempor;~Jjt Sign. A sign erected or displayed for a specified period 'i..qf time aQ~not permanently mounted. Trilffi.~..'nterference Signs. Signs erected that, by reason of positron, shape. size. or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal. Wall Sign. Any sign attached parallel to a wall, or which projects less than 15 inches from the surface at all points of the building or structure, and which displays only one sign surface. Wetland Buffervard Sian. A City aooroved sian that establishes the buffer area boundary of a delineated wetland. 8 Window Sign. Any sign, picture, symbol, or combination thereof, affixed to the inside of a window and visible from the outside of the oremises directed to oedestrian and vehicular traffic. designed A window sian is used to communicate information about an activity, business, commodity, event, sale, or service.:. tt:3t i:: j:!ecod im~ido ~ window or 'Nithin 36 inches of C windo'A', 3r L:pon tho windo'.\" p::lF~es 9f-;lasc wRic-h i(j visible from the exterior of the building. Works of Art. Artistic expressioo~! aesthetic treatments, and designs that do not include a comrl"l~rc!al message such as the City logo, "Centennial" emblem, hoH~~y:Hghts, and decorations with no commercial message. Yard Sale Sign. An inf~~.g1.f$nt temporary~~gn display advertisina the on-oremise aAd sale.,;Ry~n occupant, ofADi~ or her promises of personal property, il1ql~~ing general houseq~l~ rummage, used clothing and appliance~~:.'provid~Q;.. the excl1E,loge or sale of merchandiseA~conducted:~;J"~:;~0oertv or withfntt)e residence or an accessory.~~r~8~ure on the~~rtv. 1107.600: ..........'...........'..."...... '.............. '" '/ EXEMPT SIGNS: All sig~~rot~~Pt~~.~ly p~tmitted under this Section are prohibi~~:g:m:.4rll~~S exemp!.from~~j~:.:~gp~ectiQn by statute or by this subs~8ti0n. The.f91Iowings~~r:~:~~all be::'~~~g1pt from regulation: y y ~.., H:}Gident~lsigns. '. frt~:;~~.~..~~II~iJ)9.:~i~ n3.::.... ()ff~~;..:.ic~c~~~ndqfhentG. SL:Gh CnR3:::nsem€r.tc c.I-:::!l :.:.:measa(~.Dot morttijf;n ~ sqL:cre-feot in Giz€ and be removed :~tla~€r~b~o e days ~ftcr the-evEr.t pij~lic; signs':.. Woi1<~of art. Athleti~Field Signs. /'(Tt;lI~SPACE INTENTIONA:":"Y !...:::rr BLANK) ~ .~ . .:.~ .. 1107.700: PERMITTEDSI'GNS; No SIGN PERMIT REQUIRED: The signs identified in Table 1 of this subsection are permitted and do not require sign permits. However, their size, area and number are regulated by the provisions of Subsections 1107.701 through 1107.70014. 9 TABLE 1 NO SIGN PERMIT REQUIRED Address signs P.t-::blic right of way signs Building markers Real estate signs Community Park event sian Re~idential nameplate Election signs >,~asonal sians Multiole residential nameolateW~.dow sians No trespass signs Wetl~QQbuffer signs Non-commercial on-oremise sians Yard sale signs Public Sians on a home or business near the in area. Address signs shall allowed under Subsection 1107.701 Address Sian: An:~~~~~~s sign front entrance shallnRrexC:~~d 2 be exempt from th~totalqi~play 1107.1000. ..... 1107.702 ,....,.,..,..,...., ....,. ................... .........'...' BUildinaN1ark:ets: One buj!ding marker sign not to exceed 4 square feet is permitted per !jullding in all:Use Districts. ,-, ....... . ,........... ............," ." 1107.703:Go.mmunifi:~;C\*:::lijiit:Sian.>:Wjth aooroval of a Park Rental Permit for /.::an:a~yitv or:::~~nt int~ffonf~~The Ponds. Thomas Rvan Memorial Park.S~.Gpoinf::.ach. and:::&:mna Lake Park ( identified as Communitv . Parks in thS:::Citv's;:~t>JTIorehensive Plan) sianaae may be utilized for the >:.duration ofa::~ecifiea:~vent. The Park Rental Permit holder shall be 'tesoonsible fon'&e removal of all sianaae at the conclusion of the event. Att;i~qns are toW oositioned to limit their exoosure to residential areas. 1107.7034 Electi6tfSians;> Election signs are permitted on private property in any Use DistffcJ:Wifh the express consent of the owner or occupant of such property. In:a State general election year, such signs may not be posted ~efore ~st 1- more than 46 days before the date of the election I fMSOffice11and must be removed by those responsible for the erection of the sign or the property owner within 10 days following the State general election. k1 sny--y€c::-r atRer thsn c Stcte gen€ral eteetfon y€~r, cl;:eh ci~ m~y--flot be posted mor8 ~h3n 60 dJYG prief-to the election and mu::;t be remove= by those responsible for the erection of th€ ::igA--er th€ ;:roperty owner within 1 0 days f-ollmA..ing the election. 10 11 07.~705 Multiole Residential Nameolate Sians: In the "R-2" and "R-3" Use Districts, 1 nameplate sign for each dwelling group of 6 or more units is permitted. Such nameplate sign shall not exceed 6 square feet in area per surface, and no sign shall have more than 2 surfaces. 1107.704Q No Tresoass Sians: "No trespass" and "No dumping" signs not exceeding 2 square feet in area per side and not exceeding 4 in number, per lot, are oermitted in the "R", "TC" "C" and "I" Use Districts are f}e:-r.-:itteG. In "A" Use Districts, such signs shall not be less than 300 feet apart. 1107.707 Non-Commercial On-Premise Sians; ;;OOe non-commercial on-premise sian mav be placed on private propeffi1l>vlhe owner of the propertv or bv the tenant. The sian shall be sett>ackten(1:0)Jeet from the propertv line and not exceed 12 sauare feet#J;sn:e with a ma)dmum heiaht of 4 feet. 1107.705!! Public Riaht of \^J3\' Sians>N9 signs shall be alldWedin the public right- of-way, except the followingsi~n~ whip,g,.\are pernirtt~2: public signs erected by or on ;~~~alf of a gO\(~Wm~Qtal body to po!Slxlegal notices, identify public prop~E'ty(Qonvey publ~Q<information, identify s sammL:nity festival or event arrq;air~8teedestrian~r vehicular traffic; informational signs of a public utfljW reg~rqing its P91~~, lines, pipes, or facilities; emergen8~~igns erect~9 bya~()xernmeQ~~,1 agency, a public utility compal'lY{<9t;:'~;8ontractor,qoing~4tff9~i~~d orpermitted work within the publiqright ofW~y"mail bO~~~~flQnewsp~g~r receptacles. <,', ^" <./..^..'<'./.. .'/ ::::><),,<;< 1107. 70e~ Real E~tate Siari$: One re~I" estate sign may be placed per street >;f~9~t~ge anq,;()~~'~lgn~~rlake<~rBptage on property to be sold or leased. ;Slicf'l,~ignssh~~' besel;,~~gkft()m the propertv line or riaht-of-wav (whicf1~f.is a'M,~r). no I'ess.;;,lttan one foot (1 ') per one foot (1 ') of sian heiaht 1 O\;t~~ fr3m<<~o pr9J**ty line-EX" righ~ of 'Nay lin~, whichcv~r is ;;;~reater. Plcib~rJ1entof\~~~1 estate signs shall have the express consent of 'm~ owner or~~cupantof the property. Such signs shall be removed wit~in, 7 days f~tl9wing the closing of the lease/sale or 90% of building occt.ip~ncy. TtJ~j~rea of any such sign shall not exceed the following: ~,<1~~ unit buildings: 6 sq. ft. x~ ;3-10 unit buildings: 10 sq. ft. ~ 10 units or more: 32 sq. ft. 1107.70710 Residential Nameolate Sians: One nameplate sign, up to 2 square feet in area per surface with a maximum of 2 surfaces shall be permitted for single-family residences. 1107.711 Seasonal Sian: A maximum of 32 sauare feet of on-premise temporarv sianaae is oermitted oer entitv for the duration of the sales event. 11 1107.7W12 Wetland Buffer Yard Sians: Wetland QBuffer yard signs shall not be removed without the written consent of the regulating agency responsible for their installation. 1107.713 Intorior Window Sians: An intori3r window siE:n fer e business may 'Nhioh is ::e~ af-.a--~iGnlav-d m8f~.'1:mdiso or displav one or more window sians. orovided the total sian area does not exceed more than relatina to sales 3n the Dremisc€ is ::ermitteC. Sl::€.'1 siE:n chell not ocouo,: more tt~an 75% of the total window area. 1107.7G914 Yard Sale Sians: On-premise ~yard sal~~ighs are permitted and may be displayed 7 days prior to the sale andrn~~t be removed immediately after the end of the yard sale. Yard sale..sjcJJ:ts<:snall onlv be placed on private property. ........ 1107.800: PERMITTED SIGNS; SIGN PERMrrREQUIRED: are permitted, provided a <sigh permit is comolies with the size. area. and:J:lumber Subsections 1107.801 throuah 11:07,1 and display Table The sI9ns identified in Table 2 obtainedfrgm the City and it reaulated:b~>the provisions of brief descrtpt!9n of the signs I TABLE 2 SIGNS THAT REQUIRE A SIGN PERMIT I Awning signs . Menu board sians Balloon signs Off-premise temporary directional sians On-premises directional signs Portable signs Public service sians Banner signs Business signs I Changeable copy signs I Construction signs Electronic messaae sian Sandwich board sians I Illuminated signs Institutional signs Lake S~ervice signs Marquee signs Streamers, Pennants (noncommercial) Street BQanner signs Subdivision ~ldentification signs +cmp~r3ry signs 1107.801 Awnina Sians: In the "TC" , and "C" or "I" Use Districts, signs consisting of letters and/or an identification emblem, insignia, initial, or other similar 12 design may be painted or imprinted on an awning, provided the total sign area does not exceed 30% of the awning surface. Awning signs shall be considered as part of the total wall sign square footage allotted to the building. 1107.802 Balloon Sian: One temporary balloon sign per lot not exceeding 35 feet in height may be erected for a period of not more than 14 consecutive days in a the "TC" , and "C" or "I" Use Districts. In no case shall more than 3 permits per property be granted during any calendar year. The signs shall be set back no less than 1 0 feet fromtb~ property line or right-of-way line, whichever is greater, and cannot.QQtbe placed in a location that obstructs the view of motorists. In r)Qij~se shall balloon signs take up required off-street parking spaces. ........... 1107.803 Banner Siqns: A. Banner sians as defined in Sectiol'i, 1107.501 are allowed.Dvoermit in the "TC" , and "C" or "I" Use Districts subiect tottm:.reaulations. conditid~:and limitations of this subsection, Churchesf.. schools. an(imar~f:Jij>located in an~~" use District mav obtain a banner oe,mit::$ubiect to tHEI:~:te.mJirements and conditions in this Subsections. tAefs shall:Q~n~:m:~€ ~hc:n:<eJ9mporc:ry b3nn€X' :~dn~ ::m c:ny property. 1) One banner Siln mavt:m::displav~d:Oer orooertv. 2)'m~~}t~tal area~~< the~~'~9~.<,QSinn~r$ign shall not exceed 32 sg~:~r~' feet;:;<te!Jardles5:>()t~'::sizem~e buildina. ^ ~c:nn€r cigR pet~~. period':~'~~1I not e)(~pbd 30 cf}.~€ecutive d3Y~. In no C3S~ 3.'13" fflOf&~~9r) 2 P2~~~3r pr~~7rty-be--grcntod during 3ny c31end3r ye3r. no 6~~,f;<:~f)ait:;~;nr.3r t;~r)3 t31<<; ~p required off ctroet p3rking n'n'n' ',,', ~ _, .0 ,_ , ,_ ,_ ,_ " " ,_ , _, .. , . .. .. .. , , , , ", , , .,'y,'-" n'_ ._, , . , , an~&1 bannep:~[Qn oermit shall be issued for one soecified location::9n tn~:~xterior of the orincioal buildina. which shall be desianatea,~t the:~~ of sian oermit issuance. Bari~f sians<mav be used for advertisina an occasion relatinq the aoodS1~r services sold or orovided on the orooertv or to inform of:::an uocomina soecial event. Banner sians mav be used forirafldoQ~ninas. short term soecials. sales events. or soecial events that ate:;:;lEifi1ed in duration or similar event aooroved bv the Zonina Administrator. 5) Banner sians shall not be used in olace of oermanent sianaae. 6) The owner of a buildina occuoied bv multiole tenants is resoonsible for desianatina the manner in which the tenants will rotate use of the banner. 7) All banners shall be securelv affixed to the wall of the desianated orincioal buildina. 8) Marinas. churches. and schools mav disolav a banner in the "R" Use District subiect to the conditions set out in this subsection. The 13 Zonina Administrator shall have full discretion to oermit the banner to be firmlv affixed to a oermanent structure that is not classified as the orincioal structure. oarticularlv in cases where the alternative location assists in limitina the banner from the view of adiacent residential orooerties. 9) The owner or tenant of a buildina with a sian oermit mav allow an oraanization or entitv to use the banner location to oromote a special event. A Banner for a Special Event Sian cannot be displaved for more than 30 davs prior to the first dav of the event. The banner shall be removed at the conclusion of the<event. B. The proliferation of banner sians or the faiJ~r.e:of a business owner to restrict the displav of the sian to the location des1~ed:in their application for a sian permit (See Section 1107.803) presents af6resee~e risk to the public safetv and welfare bv distractina motorists wl1at.'iivert their slG~ from the road to read a banner sian. Banner sians also prepffl the risk of imptliring and interferina with aesthetic aualities of the Citv bv crijtjna visual clutter. Ba.llner sians have the potential of beina an evesore and di~tmctina from the aoalsset.. out in the 2030 Vision and Strateaic Plan.. The Citv Council finds th8J<JfS4~Aitimate and.::~ubstantial interest in protectinq public safetv and welfare arldpr~~tjna ane~re are sufficient reasons to prohibit the display of banners~s inm&:Cjty. but:{:t~:is impossible to predict with certaintv the r~"~~~t::~aterialim; ThefifQrj~:<bannet~:sians will be permitted in the "TC" , "C'!.:atilcri'I"t1se::OistrictstJn<ateMoor~fV::aad experimental basis. For the reasons statii;above i~::<~~ubsectiCijj!~;:1b7.803 of this Section. allowina banner sians. shall sooht on Januarv 1.~13 without anv further action of the Citv Couneil.Qu Januafij<:;1.. .ID~;I;;:;it:the Citi:Council finds that banner sians have not geeN:i:;flirc~~9.~he p'OOJWsafetv:;i&a:welfar€. and have not had a neaative impact /;atil::aesthetics:j:~:.theGi&~ it mav<<teiCind subsection 1107.803 with the same .f0fmalities it was;a~pte(f:< '....'... ',".,".,",- ,...... -", ^^......... .. "....... , 11 07.804.:~~siness Sia~~: In a: "TC", and "C" or "I" Use Districts, a wall or fre~~tanding sig~<that identifies or advertises a business, person, activity, godd${<produq~~J or services located "on-premises" is permitted as otherWls~<prqVI~ed by this Section. ,..'.'.... ,-".,.,..." ,',.,"',.",.,'" n""'H"""" .. .. .. .. .. .. " - " .. " . .. 1107.805 Chanaeable:.Coov Sians: In the "TC" Town Contor, aM ~C:crr.m~ or :1:R€us~ri~ Use Districts, this applies to permanent wall or freestanding signs and does not include portable reaGcr beam signs. Changeable copy signs will be considered as part of the total wall or freestanding sign area allotted to a property. 1107.806 Construction Sians: On a development project site or in a subdivision of less than 30 acres, a maximum of 3 signs not to exceed 100 aggregate square feet may be erected. For projects of 30 or more acres, a maximum 14 of 5 signs not to exceed 200 aggregate square feet may be erected. Such signs shall be removed upon comoletion .Gevelspr.JeAt_of 90% of the develooment.project. For the ourooses of this subsection on lv, develooment means the comoletion of all reauired develooment installed imorovements and the construction of structures on 90% of the lots in the develooment or oroiect. All signage shall maintain a 10 foot setback from the property boundary. 1107.84807 Electronic Messaae Sians: In the Town Centor, en8--Gol.Hnef3icl ena mcu~trial"TC", "C", and "I" Use Districts, 1>~.lectronic message sign may be permitted per property subject to ttl~>:Size and area requirements identified in Subsection 1107.902 f,gt>freestanding signs. Electronic n~r.1bers for fuel 3~-ati3n3 ffispleYip~'tl]l:nBriem: ~r8--e*8mpt fFam thts pro'v'ision. An electronic messag~>sign is a>~ig!l that disolavs is intended to Ghaw messages and graphi9~tnat are charlg~cJby electrical pulsations. The electronic messaae sigtt~htent mav not~anae more often than once everv 10 seconds. lHe:imaaes and messa~>disolaved must be static. and the transition froM~~~~e sta~ disolav t~:::~other must be instantaneous witho,ut anv soecfal:eff~jNo electroniGt)1essaae board shall have scrollirlg:()f>fl~shina c~~ents. words. or<imaaes. The applicant for suchai~lgl').>~t1all demon~~trate that the light intensity and frequency shall not be.gisrUPtf)l~to traffrc;p~destrians or other land uses on adjac~Q18roperty. .,. , , ,,,",.^^,,,,^^^,,., '<','"",.,, i',',',i,"'i., "',.,.",..",,.....,.., .....'... .",." ,.,.,.,...',...,.',...,.',...,..,.','..'......'.... ",\,'.,",,",- .,'/',',',',,",,','.,',,",,',,' ".,.",.,..... .,........ .,..........., 11 07.80+~ lIIumi...~t~dsigns: IlIumir)~t~(jI:>~igrt$]~!~ permitted in the :TC"ewR Center~'gQd :C:6~tnerckll aij~fi~RSl::=mattJse Districts. The signsshall be illumi!l~,t~d onJY>]t:>Y steady;::~tationary, shielded light sources that are >::>~itb~r dire'Ct~.cJ~~I,~ly>~ttbe sig~I}:9r are internal to them, without causing <:glaref8r>motorl~t~, pedesttf~n~, or.'neighboring property. ,:>>':::::::>, <<::::::>-:<, " , ; . , 11 07. 8 ail> Institutic)niISiaris~<Ereestanding or wall institutional signs are permitted <>ip any Use'Q]~~rict prQ~iged that the total sign area does not exceed 75 ~~Mare feet. 'IQ~~rnallyor externally illuminated signs are permitted if the signi~ located~pit faces an arterial road or collector street as identified in theqgmpreheg~iye Land Use Plan. Reflected glare or spill light from the sign sH~II!lot<~~peed 0.5 footcandle when the source abuts any residential parcel or:~:It~Q':footcandle at any public right-of-way measured at 1 foot above the ground. Freestanding signs may be no higher than 6 feet above the adjacent grade or center line grade of the adjacent street, whichever is higher. 1107.80010 lake Service Sians: Any business which provides a service related to permitted uses of a lake and is located within 200 feet of a lake may apply for a sign permit to erect a lake service sign. Signs may be placed, when necessary, within the Shoreland Overlay District. Lake service signs shall be no higher than 10 feet above the natural grade level and the maximum 15 1107.8191 11 07.819~ 1107.82913 1107.8124 11 07.81~~ size of such a sign is limited to 32 square feet in area. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination of or over public waters. Marauee Sians: In the "TewR-C"eRtef aM "C"ommercial or "1"fH:h:~tric:l _ _ 1 _ __ Use Districts, signs may be placed on the vertical face of a marquee and may project from the lower edge of the marquee not more than 24 inches, but the bottom of a sign placed on a marquee shall be no less than 8 feet above the sidewalk or above the center line grade of the adjacent street, whichever is higher, at any point. No partqfthe sign shall extend above the top of the roof line for a covered wal~::@fabove the top of the vertical face of the marquee, whichever is rlJ9t~<festrictive. Signs shall not be permitted on a marquee which Proj~9t~()v~(any public right of way, with the exception of "TC" Town Cent~( Ose Dist"ig~:< Menu Board Sians: In th~<I(j~vn Conbr 3~mef6ial "TC" and "C" Use Districts, 4- ~signs oefd~iye-thru lane, eauan~~732 square feet or smaller, may be permitted for:~usin~~~~s that se~~.Gustomers via automobiles. The.<f11enu board:$i91J.:~.rea may be rn~gdition to the permitted walls and'f~~~~tanding sigh~.~~a of the business.> The applicant shall demonstratettl~t>ttl~< proposed.~jgn location will not obstruct pedestrian or vehicula~rlJo"em~gt R3r be>~99::lted in en erea objectbnsble to 3dj3c~nt.~siness or>t~~identj~!l~~~. .... "'" ."""""""" ., , ."", """'""'",,,,,...'... .........' .,-,-, . . . , , . . . . . , " " " , , , . . " ." . . . .. . - . .. . . . . . . . . . . . '. . . . . . . . . . " . . . . . . . - - - .................. ',.',', "',"-' ....................... _'..'" -'-"-'-'-""'-""'-'-0 '..,.,.".,..,..,.,.".....,....,..,......'.......... .,.,.,.,.,.,.,.......,... Off-Rr'imises<<:femDora~>< Dirjtti()r1~I:<::Sians: An off-premises~ temooTa."Y directr~511 sign m.~.~<be permitted for the purpose of providing off-street;gir~ctiolJ:'t9a new re$ig~ntial project or a new public, religious or ngnHfofit irt~titHtiQIi:~Ugj.n> the.1~ months following issuance of the occuP~qpy pet~it sucn~~.i~nshall not exceed 25 square feet per face with~:~~.imum.8f 2 fac~$;<and shall conform to the yard setback requiremer:U~of the.,\)se District in which it is located. The sign permit >~hall be limlt~~to a 1:Y~~r period. Portable Sians: A portable sign permit period shall not exceed 30 consecutive days. In no case shall more than 3 permits per property be granted during any calendar year. The maximum area shall be 32 square feet, and the maximum height shall be 6 feet. The required setback is the 16 same as the building setback in the Use District. Portable signs shall not be displayed off the premises of the business that the sign is intended to advertise, with the exception of signs advertising public and charitable functions approved by the City. Portable signs may not be used in conjunction with temporary signs as provided in this subsection. Portable advertising signs that are attached to or painted on the vehicles parked and visible from the public right of way are permitted only if the vehicle is licensed and operable and is used by the business or by an employee of the business for transportation. In no case shall a portable sign take up required off-street parking spaces. shall only be allowed in "TC" must conform to all the 1107.82-1-16 Public Service Sians: Public and "C" Use Districts and the sign requirements of this subsection. 1107.817 Sandwich Board Sians: A. Sandwich board sians Boards") are in the "TC". "C". and "I" Use Districts fdr::pef:~~a businesses::nrovided the reauirements set out:tnihis subsect~~:;~te met. 1. Unless oth~iseGF9vjded for:l:'larein. onlv a business/entitv in the "T~?:~,uC".aid!'J" Use~icts is allowed to disolav a SandwiCb::Board:~tq't:(in/.fronfiitheir business. subiect to <Ile condi~~out l(j::t~~ubsection. 2.:> Onlv 1~dwich tJG~ijtfls allowedlor each business/entitv. 3.>>Sandwi,cit:boards sf'iiJl not exceed eiaht (8) sauare feet oer sian >;>:.<> ,,>::N~i::,>:> San~h bOafdt:reaulfe an annual sian oermit. All oermit .~lication'~;:~~1I contain a sketch of the sandwich board. ~ includes the sian's dimensions. color. and desian. and.:~&. olacement location. includina an accurate to- Oioiction of the sidewalk adiacent to the oremise. boards shall not be transferable. ~rminina whether to issue a oermit. the Zoninq ,Administrator shall consider the imoact on adiacent ."':',:,: buildinas and oedestrians. 7. Sandwich boards can be disolaved onlv durina the times the entitv is ooen. No sandwich board shall be disolaved overniaht or when there has been anv snow accumulation. 8. Sandwich boards mav onlv be located on the sidewalk adiacent and near to the entitv's front entrance to the oremises. f8t9. In no case shall sandwich boards occuov off-street oarkinq soace. 17 10. 11. 12. 13. 14. 15. 44116. " In no case shall sandwich boards be used in coniunction with portable sians. as orovided in this Section. Sandwich boards may be olaced on a oublic sidewalk orovided that the owner executes a Public Prooertv Use Permit ("PPUP"). The PPUP reauires the owner and tenant to assume liabilitv for anv damaae to orooertv or iniurv to persons related to the sandwich board sian. Sandwich boards shall not take uo more than three (3) feet of sidewalk width and cannot interfere with oedestrian traffic. A sandwich b09~d shall be located with a minimum of three (3) faEft<:of unobstructed clearance on :f;:: 0,>,',,0 all sides to allow for ;,a~ssibilitv alona the sidewalk for oedestrians. <;<):.;<:::::;.<.;;; A sandwich board siall::'~~ not~used instead of oermanent buildina siana~t: A sandwich boardm8V be removed l:)vlhe City if it interferes with any crw..glctivities or oublic satjtv (for instance. but not limited to':;;sach thinas::as snow remQval activities and siq~ytalk mainte"A~9~)';( < The owri_fM::a buildina &b~iness who has a temoorarv, oeif:ij,rf6t:a sandwich::board mav allow the soonsor of a "soe~~ EW~!I;to utilize<lleir sandwich board location for a Soe&if; Everw;Sjan. <;;;, AS~cial Event::::Sian ~!:.~,:9isolaV&d for 30 davs orior to the <:::Soecial E_ot,:;::me oermit::bolder must have the Soecial ~ilent Sian;~~~13ved at the::conclusion of the event. The oroliferation of sandwich boards or the failure of a business owner restrict the disolav of the sian to the location desianated in their aoolication for a sian oermit (See Section 1107.817) oresents a foreseeable risk to the oublic safetv and welfare by: (1) imoairina the unobstructed and safe oassaae of oedestrian traffic alona a and (2) bv distractina motorists who divert their siaht from the road to read a sandwich board. Sandwich boards also present the risk of imoairina and interferina with the aesthetic aualities of the City bv creatinq visual clutter. Sandwich boards have the potential of beina an eyesore and distractina from the aoals set out in the 2030 Vision and Strateaic Plan. The City Council finds that its leaitimate and substantial interest in orotectina oublic safety and welfare and oreventina them from becominq an eyesore are sufficient reasons to orohibit the disolav of sandwich boards in the City. but it is imoossible to oredict with certaintv the risks will materialize. Therefore. sandwich boards will be oermitted in the "TC". "C" and "I" Use Districts on a temoorarv and exoerimental basis. For the reasons stated above in Subsection 1107.817 of this Section allowina 18 sandwich boards. shall Sunset on Januarv 1. 2013 without any further action of the City Council on Januarv 1. 2013. If the City Council finds that sandwich boards have not been a risk to the oublic safety and welfare. and have not had a neaative imoact on aesthetics in the City. it may rescind subsection 1107.817 with the same formalities it was adooted. 1107.814,e, Streamers. Pennants (noncommercial\: Temporary streamers and pennants for noncommercial, public and semi-public uses may be erected for a period of not more than 14 consecutive days. A maximum of 3 permits per property may be granted per cClI~J:1dar year. 1107.81a~ Street Banner: Street banners arep~tMitted in the Town Center, and Commercial or Industrial Use Distri~t~'~orlQ~Cltions authorized by the City Engineer. Such signs may be di~played 1 ~f:q~ys prior to and 3 days after the public entertainment or ev~ot;::> '>>" 1107.84620 Subdivision Identification>Sians (515): Subdivisfoo"identification sians are freestandino. on-oremise.~anentt5t9ns oermitt$lj~ the "TC". "C". "I". and "R" Use Di,stricts and us~:>to<p.tifv a residerit.J>subdivision. a Planned Unit Deve1e@ment. a comrri~>develooment. business center. or industrial oark. ,,:>>>q ~ < ~ ,- " ""0'" ..."..,.,.... ,'"",, ..,....-- -.. ...,.....' ._,-,,"" ...._. ............ ._c_," ..... .,.,.......<-. ....., 1 )Rf)!)identialt>.i,~trict$>;>:>~t~~standi~~:~igns indicating the name of~<r~~i~~9tJ~1 subdivj~ion,p~'::~W,B>>Deignl)brhood with a residential c~nent<~<~~ permitt~~f~rthe'rt~>ighborhood, or bL:3in€:s center shaU:~~ p~rr.1j~d fo-.'" th~f;I~rpose of permanent identification. At each printip~~"entrahQ~to such.i~J:1 area, a maximum of 2 signs, not to <:~~ceed:~~:~~~~<~~:::f~~t of 'slgl) area per side with a maximum of 2 >:>::~ide,$" eX0hJ~ihg deoQtative>:Jemdscaping and sign base, will be petm~t!~p orFRriK?te pr()~e:~y;,: The maximum height of such signs shall be 1 Of~~laboVet~~ natural grade. , , . , " , . ''''.'. n.'.... , ' . . . , , , . ''','n_ ,_" ./.'..'..,.... '......:> ~) Com......erciar:and Industrial Districts: Freestanding signs Indicating th~' name of a business center shall be permitted for the purppse of p:~tmanent identification. At each principal entrance to such an<ar~Cl' )~::maximum of 2 signs, not to exceed 50 square feet of sign area '<p~r'>slde with a maximum of 2 sides, excluding decorative landscapihg and sign base, will be permitted on private property. The maximum height of such signs shall be 10 feet above the natural grade. In the Town Center, and Commercial and Industrial subdivisions with frontage along TH 13, CSAH 42 and CSAH 21, 1 freestanding subdivision sign may be located along the frontage of TH 13, CSAH 42, or CSAH 21. In the TC, TC-T, C-1, C-2, and 1-1 di$trict$, the maximum height of the sign shall be 20 feet above the natural grade. In the C-3 19 district, the maximum height of the sign shall be 10 feet above the natural grade. In the TC, TC-T, C-1, C-2, and 1-1 districts, this sign shall not exceed 100 square feet in area per side with a maximum of 2 sides. In the C-3 district, the sign shall not exceed 80 square feet per side, with a maximum of 2 sides. Freestanding subdivision signs permitted under this subsection must also be located at least 40 feet from any other freestanding sign. 3) Setbacks. In cny use district, a Subdivision identification ~ign~ must be located at least 10 feet from qQY property line. reaardless of the Use District. The sign may not g~'I<::)cated within a traffic visibility area as defined in subsection 11 01{~0Q. - .. .. .. .. .. - .. .. . - .. .. - . - - .. . .. .. - .. - .. .. - - - (4) Easements/Covenants. \~on>>Gudl<><~~~ 3ro proposoc ana Gon::>~r::::ste3 by em individu31 o[:fit,pnthor ~hsn"tij~jnffivk:k::-31 or 3ssoci~tieR who will be responGible for~m~"i.l3intm3nso, thtjt~>.shall bo c sevEX'len~ i*~~::rod by tho pr9J*ffiont e~~~~HGhin~~G~onsibility~r th~ maiRter.::r.se of ~ho sign or ::>ign::> 9Vor ~he-=h~jt~ proj~~,~r ::>L:batvislQ~r>~a--bc 3ppravea by the City /\ttorney,<::nd to be .r~~prg~~:oh tho propertytjtle(G) prior to ;.......'3r...."" ^'f ~h"" ....i~n">~nr.......lt F"rtJ..;c.'r"(':'''''nnl:''pr'I'''~e-''''3'''o'+';'''',.,.~... rh~I' J..;,... 1,,.)_-1 .~ "" _ --};t:J_,,">;~,~.II. ~ t1~~>s>;-o.f"t"I...JI .:A'\. _ ..,)~._ '"' 0. r---t:tt:: provided for the 3PP~9~leij~i~nG on t~t~':~f~' or pr9peftio: where tho stw::G me---to bo IO:3l~'q; tIiQ~;:::em~n~-3:E:)b;;:1I bo rocordoc prior t9--tRe ~:::.J3nS&:9fJ:~:e-slgn pzrtnl~. "".. """ "_"'."'_',''.'.'.., -,,__c. ".,'""..,.,''' '-','-">""."""'.'--'. ,----- "."'--'-..'-." ,., .."-,---,----_...._,, ',".'..- '.-'..'." ','..' > ....',' "",". ,'-"".." - ""'.,i',"/,,,','.","'"'.'''/''' -tUh7.81? TempprarYSmq~: Tomp8r~!)'::~ignG ~B.I!~~ 3110wed in tho Tmvn Center, 3nd C~fu!J1orGial~~ In3:.Js~f{~f.@se Distridsbr pormittee b::.o.oin€ssas ana oonditio'nQt.\JS8S;,~~d for cdvOr.ti~ing pL:9lb sn8--3haFita~le-evontG. THere ::~.b;1:11. b~ s:;.m~~i,p~m:~f.>onotemporsl)L.Stgn wi~hin ~ll~ r.1inimlo:m yam setoQ~~::::3reci:~~9~'lred'6'::~~i~.:2ra.in3nco. ~Jo more th3n 2 ::>::::sh ::>igns on 3ny prbp~t!y, snq.:!Qe tctal' er~9of o3d-: :;.:gn 3h::1I not exceea 22 ::>qL:cre feot. I~ ternRE:rar)~~ign porr.1i~ PeROO Ghcll not oxcooc 29-6oncecutive '::~. In no':G'~~.e :hsllm.~hsn 2 permits por proporty be grar.teG-€luring ~IJY c3Ioncm}((j~r. In~~::G3S8 shell ter.::~oral)~gnG 963::::PY required off stl'~Ql pafkiRg~p;:se--AOr ~hall ~hey-9~ 10::83 in sonj::::nS#on with pE:~al::He ~n$,(:? providQ~::in thiG Seotion. , , " , , , ~ .. , , ' ., , . .. ., . .. .. " , . . .. .. , ",".. .,...." .,......... -.,.......,., 11 07.822:1 Strinasc)fl~tahts: Lights strung by wire, cord or similar means, other than temporary holiday lighting, shall only be allowed in the "TC" or "C" +ewR Gerner ::n9--Gor.1r.1eroiat Use Districts. No flashing or blinking lights shall be permitted. 1107.900: PERMITTED SIGN AREA; BUSINESS AND INDUSTRIAL DISTRICTS: The signs regulated bv this subsection herein refer to on pr:::ni:es cigm; are on- oremises sians that am intendod to identifLor advertise a business, person, activity, product or service ("activitv") that are that occurs on 20 1107.901 located er ~Iesec L:pon the private property ,",..here the 9600-er Gervice the orooertv where the activitv is located. ~s rr.B}' not be disl3l::yed off premisOG, 9*6~~ ac G~ally cllawed b~~G Seetton. On-premises signs must be located or placed upon private property, be securely built, installed and maintained to conform to the requirements of this Section. Refer to Section 1102.809 for additional sian reaulations related to the "TC" Use District. Wall Sians: Wall sians are allowed, bv permit. in the "TC" , "C", and "I" Use Districts. Except in the "C-3" BusinOC-3 p::rk..::.ijse Districts, the total area of permanent wall signs shall not exce..~q.j20%p.'...f.. the area of the total building front; provided, buildings over 3,9Qdsq'uaref~~tof floor area may add one square foot of sign space fo~~,ci.ch 1 00 squar~.feet of floor space over 3,000 square feet. Within,t~."C-3" Business'P@fK. Use Districts, each principal building shall be allow~d wall signage equc::H'to..1 0% of the area of the front building elevation fa(';ir')g a pug.ljg,.street; pro~iged, multi-tenant buildings with tena~l~ntrances on~~i9.K~ffhe building r1q'facing a public street, may have '~~giJienal signag~on those entrance sides with a maximum aggregate~te~,(p~L building~l~vation of 5% of the area of the front building elevation,..ln 'ah'q,i~Jricts, no.:ing,ividual wall sign may exceed 200 squ~r~J~et and no~~1I sign.:~b~u proje~~Jrom the building line more than 19!n~b~~.. (Additiol1~1 regyjjtip~~:mayapply for specific signs, see Sub~~~~lor1 1107;&00) ...', '.....: " .. .. .. .. . .. ~ ~ " . "".n', ,'", <//:")):> . <;<:;', <;<;:>>> 1107.902 Freestandina Siptls: Within']'the "TC" , "C", and "I" Town Center ::na ~Q.I"ll.rnerd3!}~q9"]:I:Od})~rigJ"Use':IJ.}i.~tricts, 1 freestanding sign is permitted 'p~r::~1r:~~,t front~~~. Inthij'!~~31\il.;Jse Districts, the maximum height shall be 6 fee~j~Rovetfi~paturaigrc:lge adjacent to the sign. In the "TC" , "C-1", "C-2", and]'t:l;:;1" Use'itr.istricts, the maximum height of the sign shall be 20 feet and shallpe mea$\.:!red perpendicularly from the highest point of the ~j~n structure:lg:the grade level of the ground directly below that point or th~g{ade levelQf the center line of the adjacent street, whichever grade levelj:i~Jligher:~xcept in the "C-3" Use Districts, the maximum size of a freestal"lgjng:~ignshall be 100 square feet per side within a maximum of 2 sides. V\li~bin:~he "C-3" Use District, the maximum size of a freestanding sign shall He 80 square feet per side with a maximum of 2 sides. No freestanding sign shall extend beyond a property line, or right-of-way line or be located closer than 40 feet to another freestanding sign. Freestanding signs must be set back at least 1 0 feet from the property line, or right-of-way line, whichever is greater, with the exception of "TC" Town Center District where a freestanding sign may have a zero setback (setback measurement will be from the part of the sign closest to the property or right-of-way line.) (Additional regulations may apply for specific signs, see Subsection 1107.800) 21 1107.1000: CALCULATING SIGN AREA: The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by ffi€Zr::: 9f drawina a box around the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The structural support:~for a sign, whether they be columns, pylons, or a building, or a part:<~t'l~reof, shall not be included in the calculation of the advertising displ~y:~t~a. I -A" ( l-"'~.""T H<:>~I%Oo"""TAL- \N'PTH '1 I I I I : ~ : 1 I L__________ ________J " ~ :r \l ii :r. J -( . ~ d:l~ . II :> ~ II II .t ~ "-" 1107.10p1, <Iridividual to the surface of a building, canopy, awrirng~::wall Of ""ipdow, shall be calculated as that part of the small~~t,:rectaQ~!~ or shape that encompasses all of the letters. o~:::~ymbols;:The sign area shall include all lettering, wording, ~pd accompa~yipg desi~~s or symbols. ,.,.,...,.. , 1107.1002 Mlltti."Faced Signs: The sign area for a sign with more than one face shall:b~c:;ompi.Jl~d by adding together the area of all sign faces visible from anY9.n~.point. When 2 identical sign faces are placed back to back, so that neMer betR faces canRGt be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. 1107.1003 ComDutation of Maximum Total Permitted Sian Area: The amount of sianaae allowed on one orooertv is calculated based on the sum of the sian area of each individual sian. The allowable sian permitted C'...:m af-..tAe area fort all individual signs on a property shall be computed by applying the formula contained in Subsections 1107.900 and 1107.1000. 22 Properties fronting on 2 or more streets are allowed the permitted sign area for each street frontage. 1107.1004 Setbacks: Unless noted otherwise in relation to a specific Zoning District or sign type, all signage shall maintain setback of 10 feet from any property line. 1107.1005 Variances: Variances to Section 1107.400 to 1107.1700. Sianaae. are not oermitted. ~ Advertising si9("l~. ~ Animated ~ig("ls. ~ Beacons. ~ Bench signs. ... ~ Billpoard signs. ~ H~ro~Qccupation sig.O$S ~ PraJ~~tlng>~igns-outsid~>tbe TC District. ~ Roof~j9ns:> " ~ TraffiCitJlerferen~~~igns. In this 1107.1100: PROHIBITED SIGNS: Except as subsection, the following signs are ^^ " ^ ,........ ....,., ^ .......... ......, , ^ "",. "" ,..;.,.... ..'......'....'....' . .".". . . . . " ,.,....... ......, (1) A~:::'polication,fOr a Subdivision Sian shall contain a certified 8e3Ur3te co [iv;!:if the pl~!:!:jporoved by the City Councilor a certified survey of the prooe~i>:~at::"':>:Subdivision Sian will identifv. The Zoning Administrator may also::~~~~Jte the applicant !Q.locate lot corners on the site to verify the sign locatidff.' All oermanent freestandina sian applications shall orovide a survev that reflects all orivate and oublic easements on the orooertv. (2) Area calculations for each exterior elevation of the building, total building area, and the proposed location of signs on each exterior wall elevation. (3) An accurate indication on the survey or pl~t plan of the location, area, and dimensions of each existing wall and freestanding sign and proposed future sign of any type, whether requiring a permit or not. 23 (4) Lettering or graphic style, lighting, location of each sign on the building, materials the sian will be constructed of. and sign proportions. (5) A duplicate copy of the sign information tRat the property owner will provide to all tenants with the approved plan. (6) Plans, specifications, and method of construction or attachment to the building or in the ground, including all dimensions, showing all light sources, wattage, type and color lights, afl€t;><;J~tails. and the manufacturers soecifications for the liahtina fixture and/~,:~hY light shield or shades that will be used. .m 1107.1300: SIGN PERMIT REQUIREMENTS:_>~~fQre a sign reql.liring a permit under the provisions of this Sectionj~::placed, constructeCI,~rected, modified, or relocated the property ownet~ball obtain a sign permit from the Zoning Administrator. The property6Wf;l~r shaJlmaintain a:~ign permit for all signs on the property. Any sigri>iQ'IPlyjr'tselectrical comp(i.)l)ents shall be wired by a licensel~~trician. A:ij;i.dlding permit maybe required in cases where the Inte>~ti'QJ"l~IBuilding~gge warrants it. " . .. .. ~ ", '-, " ..'..','.",., ,.",,, '_" _','n ,",.., '.'.','""", "',, . . . . . . .. . " , , , 1107.1301: BANNER:~RP::>SANDWJC~ BOMD:S!GNS:.> Permits for banners and sand~>bociffl:::$jgns are>:~Sl!~~fifml1an~~A banner or sandwich board perrriff:::,,:valid fo~one vear:~tnencinaon Januarv 1st and exoirina on Decem~:::21st oflhe year Of:::issuance. An aoolicant may aoolv for a >!:.l8.nner or'~d~iihb6a€d oermtt::at any time durina the year. but the fee , 'W'in::fl~:pe 0 r08rated. ,.............,......., ".,'-.i'.,".,".,'.",. ...........,. -,-,-,-,, ....../......... ....'.,"....// ..,..,......., ,-, ,....,......, -, ,-"-,.,-'-' -, If a ban~~'~rmil:f$::~~ued for a multi-tenant buildina. the orooertv owner shall allocam:::lhe tirrte::::amona the tenants to disolav the banner for the ::~cific ouroci~~ as orovtded within this Ordinance. 1107.1302 Aoolication: Application for a sign permit shall be made in writing on the Hf**l forms furnished by the City. The application shall contain the following information: 24 y Name, address and telephone number of the property owner, the owner of the sian if aoolicable. and the comoanv or individual who is orovidina and installina the sian sign owner end erector. y Address and legal description of the orooertv where the sign will be locatedffiR. y A coov of the Sian Plan +R€ e:i~n plcn inform~ltion req:::irod by this Section. y Other pertinent information as may be required by the Zoning Administrator. The permit application shall be signeg<QY< the applicant. When the applicant is any person other than t~~p.Wner of the property, it shall be signed by the owner of the property:. ,. ...", 1107.1303 Exemotions: The following ~igr'modification$<~hall not require a sign permit. These exemptions !?h:~I[not be construed>~~{elieving the owner of the sign from the responsiOlli1y of its proper erecliQt'l<and maintenance, and its compliance with the provi~ipns of<~Qis subsectiQ('lpr any other law or ordinance regulating the same: .. m y . . . . . . . . . . . . - - - . Changing tHE{advertising copy>or message on a marquee, changeable copy, electro.I1,ic mess~,g~ or similar sign specifically designed for the'use of rep[ac~able copy.~. Painting,J~painting,replacem~t.1t9rRleaning of a legal sign structure or . sign wher~.bY only thecoJoror<messag~~s altered. y 11 07 .140q:Ml'I~TENAN~~:~II~i~tl~>~ha" b~maintained in a safe, presentable and sound .'strl.l~tl.lr;::l.1 coridiUl?o:at alf:tlJ'!'1~~. Maiptenance shall include painting, repainting, c1earilflg,r~placeJ'!'1~l)t or repaifl?fp.~fective parts and the like. ",""'" -"-0""""" '..... ",";,- ."...... ...... ':'....'.'..... ....... '.',,'" ,--_.. " "', ,'-,-.- "..", .'"'.'" Any sign whi~h<thebIWJinds is in a dangerous or defective condition shall be r~moved or reR~ired bytl'J~ owner of the sign or the owner of the property on WhiGh the sign is,:ll?cated. ,. 1107.1500: LAPSE>:P.f::.<il~N PERMIT: A sign permit shall lapse automatically if the business ret~:t~dto the sign is discontinued for a period of one year. If the sign is not removed or a new permit for a sign allowed by this subsection has not been issued within thirty (30) days of notice of permit expiration, the City may have the sign removed and assess costs back to the property as provided by Minnesota Statutes, Chapter 429. 1107.1 GOO: CANCELLATION: 1\ si~:-: ~eF::F.i~ sh::lI becoms r.ull ar.d void if the work for which tfle.-per::r.it w::s :CS:.J8€l-h3: r.ot been ce,~ploted with1n c: ;:eriod of 6 m~.,~hs afte.F the date ef ;:~::r.i~ ::;:pF9\'CI. A-i3srrni~ rna~' be reno'Ned one time fsr additional 6 25 meR~h: and no additisr..r:1 ~-e= :~u!1 ~e collected fs:- the renewal. This cl3use docs not :::tpply to tE~~9rary or conditisrr31 sign ~en~its', 1107.1600: REMOVAL OF SIGNS: A. Temoorarv Sians: If the City finds that any temoorarv sign is unsafe or insecure. a menace to the oublic. olaced in the riaht of way without City aooroval. or in violation of the orovisions of this Section or any conditions set out in the sian aoolication or aooroved oermit. Citv staff may remove the sian. The City shall not be resoonsible for storina or any loss or damaae to any sian that is removed. T~e~;titv Council may establish a fee. in the Fee Schedule it adoots anFiUSllv. for the return of any sian removed bv City Staff. B. Permanent Sians: If the Cit~<rh1ds that a~V<~3mpsr~ry-ef-permanent sian, or other structure regYI~~~aherein is unsaf~~r insecure, a menace to the public, or in violatiop'<of the provisions ofttJis Section or any conditions set out in the siar{arwlication ,Qf aoorovett;p~rmit, the Zoning Administrator shall give wRttonn<" t~l1e holder o(ti'l~;permit written Notice of what ac~~;,the owner' l<e to correct the violation. The owner shall brina t~s~:.into comO&):}ge with this Section and correct any issues identified<fDeHQJ~gr of the;<<p~(J;nit sh~11 removo 3r slt3r the structure S3 ss t9-6S~tJy v,'iH)<to~~t:::tnd3r~$.xef1lo:ireG-9Y this slo:~section aRC ind,i9~!~9~~~the 'Z@ping 19'IDi,~~~~EatorWithin 7 days after the date the ~~:is ls$tl~' The~i.l}.~:<~tnirt~tf~tor mav. if there are mitiaatina, circum~nces s~ as we~br a h611ffi:lv weekend. that imoact the owners~litv to ~ftlOlete th~;Work within the 7 days set out in the Notice. t.h~ Zoninc2:;:;~. .rw., :..,jjst.....::J~...~Q..,.r.. may~j.:~.: his or her sole discretion. arant the ;;;j~;suchadcJmorlar:_<x;tS rl\i, be reasonable to comolete the work. Anv'e~ion;:;~t be in<;~fl(r If after receiving said Notice or an extension;;;:.ereof<:$l..I9h person fails to remove. correct or alter the saki >sign to corii:RI~;with;tl1~::provisions of this Section, the StffiR sign shall be ~~~med a PLitl~~nuisanqe. The City may abate a oublic nuisance. takeR UF'l~~r Minnos~tg ~t~MoG, sP.cpter 1~9, :::n8---tlhe cost of abatement, inclq~t~~ admi?!~tration expenses and reasonable attorneys' fees, may be levieda~.p spE3~.ial assessment against the property upon which the sign is located. < ....,..,. The City may cause any sign or sign structure which is an immediate public hazard to be removed summarily after a reasonable attempt has been made to have the property owner remove the sign. Notice of violation will be sent by certified mail to the property owner and, if applicable, to the person to whom the permit is issued. 1107.1700 REMEDIES FOR VIOLATIONS OF THE SIGN ORDINANCE. 26 The remedies available to the Citv set out in Minnesota Statute Section 462 are cumulative and the City's election to oursuina one remedv instead of another remedy does not mean that the City is waivina its riaht to pursue one or more other remedies concurrentlv or seauentiallv. The Citv mav imoose a fine. not to exceed $500.00 oer day. for each day a sian is in violation of this Section. No sian oermit shall be renewed until all outstandina fines have been oaid. The annual fee for any sian oermit that was in violation of the Subsection or its sian oermit in the orecedinq year shall be $500.00 olus the annual fee. 1102.809 Desian Standards in the "TC" (1) Prior Lake Downtown ij~U,(;Jil1g Design GOi(:f~lines. The design standards outlined in the'!f>rior Lake Downtown Building Design Guidelines" are hereby adOpt~c.J and,.i(lporporatedtgto this Zoning Ordinance by ref~F~nce. The::~~~i90,:~':Standards are.~stablished to preserve and prom9t~~:~>c.Jesigned to~~:theme of a Traditional Downtown aesthetic. All newC:B~stt~~~ign and reg~.\Jelopment shall incorporate the criteria included in th~~eguidaJines. In: addition, the following design standards",s,ball supplem~nt iH~:::jt~fi(>r Lake <Downtown Building Design Guidelin~~~~~~:n~ " , ", , ' ,.,.. . "" Compi~~~ility with Tradl~~f1al Downtown Theme. The Design elements;<:includin9but not Ilruit~d to, building materials, fac;ade design, ':\!V~~9ows,li:iI1~~q~~ing;li9bting,:~mp signage shall be compatible with the <:::>:,:::-rraQltiQoal Downtown 'theme:Jorhrlprovements within the Downtown as expreS$E@in the:~~ri,or LaketiQwntown Buildina Desian Guidelines". (2)~enovatior.<J.;,fExistiQ9<Buildings. During the renovation of an existing :<<~~Jlding any fa9~de additions that are not compatible with the style and p~riQd of the building should be removed to the extent feasible. These maY:::J~~pJude, b.~~i"are not limited to, wood or plastic shake mansard roofs, plastiC::':~Qt::<oqqly::::shaped awnings, window opening infills, or surrounds designed:t~'~:~~duce the size of window openings, modern siding materials inconsistenfWith the original fac;ade, and light fixtures inconsistent with the building's original style or the Traditional Downtown aesthetic. ? Masonry buildings should be cleaned as necessary to lighten the overall color. ? New masonry work should match the color and materials or the original fa<;ade. 27 ~ Wherever practical, fa9ade renovations should not destroy or cover original details on a building. Brick and stone facades should not be covered with artificial siding or panels. ~ Original window and door openings should be maintained wherever practical. New window and door openings should maintain a similar horizontal and vertical relationship as the original. (3) General infill principles. Infill buildings should reflect the original design of surrounding storefront buildings in scal~>.and character. This can be achieved by maintaining similar setback~;:~'~~thice lines, horizontal lines of windows and openings, and compatiQ1~~~..)uilding materials and colors. Where such original buildings ar~IDlssi~g or have been extensively altered, the other design standar(j~inthe Sectl~11 shall be applied. (4) Mechanical Equipment 5~~~elling. Utility ser'\liQ~ structures such as utility meters, transformers,>a~9Ve-ground tanks, refU$~ handling, loading docks, maintenance structures~l'ld oth~t:ancillary eqqipment must be inside a building pr be entireIY~(:;r~~~ed from Off":S1t~: views by a decorative fence,w~lh:9r screenof,plant material of sl.lfficient height. Fences and walls$Q~m~~:architecfl..it~I!K compatible with the primary structure. Loading doC~s or QOQrs should:>a1ways be located on a side or rear elevation ....:,>.....>.>>'.....<.. ,'<><::<'>>><<>>:,<:<',,:-:<:, ___>>>>/i/,<<<<.,_;-" ',:.-_- (5) Sign:~~::~Withir'::{H~ TC [)i~tfi~t!maxirl1lJ,f'/'l@:sign area per property for perma~t exteri~,f~:~ianaae sij~nnot exceed -t ~square feetfooeet of sign area pe'rlin~ar fo6l':~of the fro!ij:;facade of the buildina street bgade ct the ..>:::f~9l'ltyard.<t~::~~:~Si:::~~~inale:!&nant buildinas. no more than two tvoes :.::Of1ii,rm~ment::S1QnS are~~"ed'::Der facade (for example: one proiectinq '...> sian ~l'i1i::~f1e a~~g sian.6~:~~ wall sian and one awnina sian). In the ">): case of ~tt;ole t~t buildinas. OneGQne sign is allowed oer business >:Jor each usaijl~pubilo~:~Qtry to a building. Wall si~n:; snd projecting :;igm; >~(() pormitted.:~(ee-stanCling signs are permitted only in an existing front yarQ; " n_n_" " ,n_n', ~,gtoiectil"l~~Sians: Projecting signs shall not exceed the sum of 14 g sqtl~i~~~~feet in area and may project no more than-4 2...feet from the building face. provided that they do not infrinae on the public riaht- of-wav. Signs must maintain a minimum clearance of 9 feet above a sidewalk and 15 feet above driveways or alleys. No projecting sign shall be located within ~ 10 feet of another projecting sign. ~ Sian Oesian Guidelines: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building and with other signs or nearby buildings. 28 Signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building's architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. ~ Sian Colors: Sign colors shall be compatible with the building fa<;ade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. A combination of soft/neutral shades and dark/rich shades within the palette of the building colors shall.p~'iised. ~ Materials: Sign materials sballb~>~ompatible with the original construction materials anci>prchitectural:~tyle of the building fa<;ade on which they are to bt?.gisplayed. Natdrall11aterials such as wood, stone and metal are<B~~ferred but otherm~~~rials that are equally durable and replicate::~tJe appearance ofnatpral materials are acceptable.'// r IlIumination:;;;;;,;~~~rnal illuniil1.a~iol1 of signs is permitted by incandescent;;:iiiOl~~,t",halide Or>flporescent light that emits a continuous whit~;~,ignfl~,i~mshaIl119~;~hine directly onto the ground or)~Qjacent buU~~R9S.' >N~~n.> signs;;;>~rt? permitted in windows. IRt~fn~ll~;)it boxs;g[ls a[l~>~WQWgs are Rat permitted, with the />~)(6eptio.ti,i;~tthe:Jtor~~f~~~es. ',>>,;;:;,. , " ' , " , . ~ , . .. - . . - . - - - - -.-,-.- - -.'..... ---- ,-,-_. - " 'H,<UH PrODertv Owner. Leaal owner of orooertv as officiallv recorded bv Scott Countv. Sian Plan. A olan suoolied bv an aoolicant as oart of a sian oermit aoolication. The Sian Plan must contain the necessarv information as detailed in Section 1107.1200 for the Zonina Administrator to fullv evaluate if a orooosed sian will be incomoliance with Section 1107.400 of this Ordinance. 29 SDecial Event. A fund raiser. festival. bazaar. tournament. or similar event soonsored bv civic oraanization. nonorofit oraanization. aovernmental entitiv. or semi-oublic oraanization. 30 Planning Commission Meeting Minutes July 26,2010 PLANNING COMMISSION MINUTES MONDAY, JULY 26,2010 1. Call to Order: Chairman Ringstad called the July 26, 2010, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Perez, Billington, Fleming, Howley and Ringstad, Community Development and Natural Resources Director Danette Parr, Planner Jeff Matzke, City Attorney Suesan Pace and Development Services Assistant Joe Sortland. 2. Approval of Minutes: The Minutes from the July 12, 2010, Planning Commission meeting were approved as presented. 3. Public Hearing: A. ZONING ORDINANCE AMENDMENT TO SECTIONS 1107.400-1107.1700 AND SECTION 1102.809(5) CDNR Director Danette Parr presented the proposed amendments to Section 1107.400-1107.100 and Section 1102.809(5), updates to the City of Prior Lake Sign Ordinance. Questions by the Commissioners: Howley asked if the City is protected if a sign is stolen. Parr answered that if the sign is removed by the City that there are specific parameters, however the City did not have any responsibility if a private entity removes a sign. Howley asked if existing sidewalks will affect sandwich board signs in regards to ADA requirements. Parr answered that there are likely some sidewalks in the City where a sandwich board will not be possible. Howley asked, in regards to Community Parks, if it would be more practical to not list the specific parks and to instead use a cover-all description of "Community Parks" instead. Pace answered that staff intentionally listed the specific parks, and that it could be modified in the future if more Community Parks are created. Howley asked if the Wetland Buffer signs are installed with the approval of a regulatory board. Parr answered that it is the responsibility of the developer to install the sign, and staff will inspect the sign to ensure it was placed correctly. The City will provide the developer with the approval that is required to install the Wetland Buffer sign. Billington asked if the City Council should be responsible for "moral guardianship" in connection with a sign ordinance. R:\Council\201O Agenda Reports\08 16 10\Signs-Public Hearing Minutes,doc 1 Planning Commission Meeting Minutes July 26,2010 Pace answered that they used some of the language from the Public Safety statute, but they can strike "moral guardianship" if requested. Billington requested that "and morals" be stricken from the ordinance. A MOTION WAS MADE BY FLEMING AND SECONDED BY BILLINGTON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Perez, Billington, Fleming, Howley and Ringstad. The motion carried. The Public Hearing began at 6:35 p.m. Comments from the Public: Ted Guth, 14372 Rutgers Street, Prior Lake, presented a slideshow displaying several Prior Lake and south metro businesses, vacant land and right-of-way with non-conforming signs, excessive signs and signs that he did not believe were tasteful. The presentation also included pictures of vehicular signs, snipe signs, monument signs displaying leasing and rental information, and banner signs which were torn, sagging or in his view excessive. Guth presented pictures of electronic signs which he said changed too frequently and were not attractive. Guth stated that he does not think vinyl banner and snipe signs should be permitted, and that rental signs should be limited to a window or monument sign. In addition, Guth stated that he would like to see wall signs that do not exceed 150 square feet and no banner signs allowed. Brian Wolf, 17645 Juniper Path, Suite 135, Lakeville and Trent Johnson, 3877 Island View Circle, Prior Lake spoke on behalf of Fieldstone Family Homes. Wolf stated that temporary directional signs have been responsible for 62% of the sales of their homes, equaling approximately sixteen homes in 2010. Wolf stated that the signs have been an asset for their company and the City. Fieldstone Family Homes is responsible for installing and maintaining their signs. Wolf stated that the enforcement of the temporary signs has been one-sided. Johnson stated that he had witnessed his signs being removed while garage sale signs were not removed by Code Enforcement. He requested that the enforcement of the signs be fair. Wolf stated that other cities permit off-site temporary directional signs and that the signs for Fieldstone Family Homes are only installed when the homes are open. Gary Golay, 3245 Fox Tail Trail NW, Prior Lake, stated that sign ordinance amendment does not include a provision to allow additional signage for association signage stating that the community is governed by a Home Owners Association, and requested that a provision be given consideration. Linda Ringstad, 4627 Parkwood Drive SE, Prior Lake, spoke on behalf of the Prior Lake - Savage School District. She stated that off-site temporary signs have been important for advertising school district events. Ringstad stated that she does not believe a fee for temporary signs is appropriate for non-profits, and that permits for school district and community educational service signage should not require a fee. Ringstad also stated that the School District has been putting the temporary signs up for approximately 10 years and they have made a point to not put the signs in residential neighborhoods and only for a week or two prior to the events. Allmholte, 2280 195th Street, Jordan, part-owner of Carlson Ace Hardware, asked if the sign ordinance included any provisions on back-lit signs. Parr answered that a provision allowing back-lighting signage has been added to the sign ordinance. R:\Council\2010 Agenda Reports\08 16 10\Signs-Public Hearing Minutes.doc 2 Planning Commission Meeting Minutes July 26, 2010 Imholte stated that signage is important for the Prior Lake businesses and liked the banner sign provision that was proposed. A MOTION WAS MADE BY FLEMING AND SECONDED BY BILLINGTON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Perez, Billington, Fleming and Ringstad. The motion carried. The public hearing closed at 7:00 p.m. Commissioner Comments and Questions: Fleming stated that fair enforcement of signage is important. Fleming stated that he does not believe an additional sign indicating that a community is governed by a Home Owners Association is appropriate. Fleming asked how the $500 fine for a sign violation was determined. Pace answered that criminal citations do not always work effectively and that the midpoint amount of a misdemeanor is $500, thus, this was used to determine the amount for a sign violation. Parr answered that the Fieldstone Family Homes temporary signs were placed in the right-of-way. She stated that the adjacent garage sale signs had been removed and would be removed consistently in the future. Fleming stated that he supports the sign ordinance amendment. Howley stated that he supports the sign ordinance amendment. Howley asked staff to explain the process of the sign violation fine. Pace answered that the owner of the sign would be given notification providing them a set amount of time to remove the illegal sign, prior to the $500 fine being imposed. If the owner did not comply, the property would be assessed the $500 at the end of the year. Howley stated that a separate Homeowners Association would not be appropriate, but rather be incorporated in the Subdivision Identification sign for that neighborhood/community. Howley also mentioned that it might be appropriate to not charge for signage that relates to a community event. Billington stated that he believes enforcement of the signs should be predictable and that he supports the sign ordinance amendment. Perez asked staff about new construction sign regulations. Parr answered that the new construction sign regulations allow for signage in cases of new subdivisions and new projects, as well as off-premise directional signage for these new developments for up to 12 months, however, this does not apply to older developments. Perez asked staff about the school district's request for temporary signage in right-of-way. Pace answered that state statute regulates what type of signage is allowed in public right-of-way. Parr stated that the school district informed her that they try to not place signage in the right-of-way. R:\Council\2010 Agenda Reports\08 16 lO\Signs-Public Hearing Minutes,doc 3 Planning Commission Meeting Minutes July 26,2010 Perez stated that he supports the sign ordinance amendment. Ringstad stated that enforcement of signs needs to be consistent and that all signs in the right-of-way should be removed. Ringstad stated that he supports the sign ordinance amendment. Parr informed the Planning Commission that there were necessary additional alterations of the draft that would be made by staff and the City Attorney, such as noting a specific time for electronic signs that will require ten seconds before the electronic sign can change the image or words, as well as other minor alterations discussed. Parr also noted that the sunset clause for sandwich boards should also be applied to banners. A MOTION WAS MADE BY FLEMING AND SECONDED BY BILLINGTON TO APPROVE THE ZONING ORDINANCE AMENDMENT TO SECTION 1107.400-1107.1700 and Section 1102.809(5). VOTE: Ayes by Perez, Billington, Howley, Fleming and Ringstad. The motion carried. 4. Old Business: None. 5. New Business: None. 6. Announcements and Correspondence: 7. Adjournment: The meeting adjourned at 7:30p.m. Joe Sortland, Development Services Assistant R:\Council\2010 Agenda Reports\08 16 lO\Signs-PubJic Hearing Minutes,doc 4