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Home My WebLink About10-075 Regulating Signage 4646 Dakota Street SE Prior Lake. MN 55372 RESOLUTION 10-075 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: Millar Second By: Keeney 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 10-03, 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. 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. 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. Banner 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 August 21,2010. This Ordinance shall become effective 30 days after its publication. Passed and adopted this 16th day of August, 2010. Myser Erickson Hedberg Keeney Millar YES X X Absent X X NO Myser Erickson Hedberg Keeney Millar r:JhI- Fra~I~, City Manager 3