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HomeMy WebLinkAbout7A - Sign Ordinance "SIGNC1" AGENDA: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 7A BLAIR TREMERE, ACTING CITY PLANNER CONSIDER PROPOSED SIGN ORDINANCE WITH REVISIONS DIRECTED BY COUNCIL NOVEMBER 7,1994 The purpose of this review is to consider the draft Sign Ordinance with changes including those discussed at the June 6, 1994 City Council meeting. The City Council heard a presentation of proposed Ordinance 94-06, (Sign Ordinance), from Steve Grittman, of Northwest Associated Consultant's Inc., who has been retained by the City to complete the Sign Ordinance revision process. City Council members discussed various provisions and suggested revisions to various sections. The Council did not take any specific action that evening, however the suggested changes were made in the draft. City Attorney Glenn Kessel was requested to review several sections of the draft to make sure the draft is consistent with MN Statutes. Mr. Kessel's assistant, Sherri Ulland, reviewed the draft and submitted recommended revisions for improved form and clarification. These have been incorporated. Also, she took note of the several references to state law and other regulations, with the intent of ensuring consistency among these. I also have spent substantial time reviewing the draft and the record of the several hearings and discussions over the years. I have made a few modifications as to the form and administrative aspects of the ordinance. My purpose, consistent with my charge by the City Manager and the Council, is to optimize the "user-friendly" feature of the document. I have made only a few substantive changes, e.g. the added language to the "Subdivision Identification Signs" (5-7-4) and the revision of the "Appeals Process" (5-7-18) whereby the City Manager would not be directly involved. Staff has made no changes to the dimensional, area, or other quantitative standards previously reviewed by the Council. Assistant Planner, Deb Garross, has performed substantial work on this and earlier drafts. I will be coordinating the final review and "fine tuning" to produce the final draft for Council adoption, now scheduled for November 21, 1994. That process will involve the City Attorney's office. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPi>bRTUNITY EMPLOYER T .T....r... ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: REVIEWED BY: 1. Endorse Ordinance 94-06 as drafted with further changes by the City Council, and direct preparation of final draft, with necessary modifications as to form, for adoption at the next meeting. Deny Ordinance 94-06 which would result in continuing the current administration of Sign Ordinance 83-5. 2. 1 / . I . f he aforementioned a ternatlves. -2- 'T' ...... ~...,...,.. .009406. CITY OF PRIOR LAKE ORDINANCE NO. 94-06 [IDrn&~~ 1\ ~4-C1tf SIGN ORDINANCE AN ORDINANCE REPEALING PRIOR LAKE CITY TITLE 5, CODE CHAPTER 7, SIGN ORDINANCE 83-5 AND ADOPTING AND REPUBLISHING CITY CODE TITLE 5, CHAPTER 7 AS FOLLOWS: SECTION: 5-7-1 : 5-7-2: 5-7-3: 5-7-4: 5-7-5: 5-7-6: 5-7-7: 5-7-8: 5-7-9: 5-7-10: 5-7-11 : 5-7-12: 5-7-13: 5-7-14: 5-7-15: 5-7-16: 5-7-17: 5-7-18: 5-7-19: 5-7-20: 5-7-21 : 5-7-22: 5-7-23: 5-7-24: 5-7-25: 5-7-26: CHAPTER 7 SIGNS Purpose Interpretation Exempt Signs Permitted Signs - No Sign Permit Required Signs Requiring Sign Permit Signs Requiring Conditional Sign Permit Conditional Sign Permit Process Non-Conforming Signs Prohibited Signs Sign Plan Requirements Sign Permit Requirements Sign Modifications Maintenance Calculating Advertising Display Area Permitted Sign Area Business and Industrial Districts Lapse of Sign Permit Cancellation Appeals Variance Procedure Violations Enforcement and Remedies Fees Fines Removal of Signs Severance Definitions 5-7-1: PURPOSE: The purpose of these sign regulations is: to encourage the effective use of signs as a means of promotion and communication in Prior Lake; to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent use of authority to enforce these sign restrictions. The provisions of this Ordinance are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for the visual amenities on the part of those who design and display exterior signs while, at the same time, assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs. 1 T . 5-7-2: INTERPRETATION: Words and phrases used in this Ordinance shall have the meanings set forth in Section 5-7-26. Words and phrases not defined in this section shall be given the meanings set forth in the Zoning Code. Principles for computing sign area and sign height are contained in Sections 5-7-14 and 5-7-15. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of the Ordinance. 5-7-3: EXEMPT SIGNS: All signs not expressly permitted under this Ordinance are prohibited unless exempt from this Ordinance by statute or by this Section. The following signs shall be exempt from regulation under this Ordinance. A. Incidental Signs. On private property, incidental signs the face of which meet Department of Transportation standards. B. Interior Building Signs. Any sign inside a building not attached to a window or door, that is not legible from a distance of more than three (3) feet beyond the lot line of the site on which such sign is located. C. Off-Premise Announcements. Announcements of concerts, plays, lectures and club activities and the like placed in the windows of a consenting business in a Business or Industrial zone. Such announcements shall measure not more than two (2) square feet in size and be removed no later than three (3) days after the event. D. Public Signs. Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance; signs of a non-commercial nature and in the public interest, erected by, or on the order of a public officer in the performance of public duty such as directional signs, regulatory signs, warning signs, public signs for parks, public buildings and informational signs. E. Works of Art. Works of art that do not include a commercial message such as the "Centennial" emblem; holiday lights and decorations with no commercial message. 5-7-4: PERMITTED SIGNS - NO SIGN PERMIT REQUIRED: The signs identified in Table 1 permitted under this ordinance but do not require sign permits. However their size, area and number are regulated as identified by this Ordinance. TABLE 1 PERMITTED SIGNS - NO SIGN PERMIT REQUIRED A. Address Signs F. Real Estate Signs B. Building Markers G. Residential Nameplate c. Election Signs Signs D. No Trespass Signs H. Temporary Interior E. Public Right-of-Way Signs Window Signs I. Yard Sale Signs A. Address Sign. An address sign located on a home or business near the front entrance is permitted. An address sign shall not exceed two (2) square feet in area. Address signs shall be exempt the total "advertising display area" allowed under Section 5-7-14.A. In the case where a principal building is occupied by more than one business or family dwelling unit, each separate front entrance of the principal building shall bear a separate number. Numerals indicating the official numbers for each principal building or each front entrance shall be assigned by the Prior Lake Planning Department and shall be posted in a manner as to be visible from the street on which the property is located. 2 . B. Building Markers. One (1) building marker sign not to exceed four (4) square feet is permitted per building in all zoning districts. C. Election Signs. Election signs are permitted on private property in any zoning 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 before August 1 and must be removed by those responsible for the erection of the sign or the property owner within ten (10) days following the state general election. In any year other than a state General Election year, such signs may not be posted more than sixty (60) days prior to the election and must be removed by those responsible for the erection of the sign or the property owner within seven (7) days following the election. D. No Trespass Signs. "No trespass" and "no dumping" signs not exceeding two (2) square feet in area per side and not exceed four (4) in number, per lot, in residential, business and industrial zoning districts are permitted. In agricultural and conservation zoning districts, such signs shall not be less than three hundred (300) feet apart. E. Public Right-of-Way Signs. 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 property, convey public information, identify a community festival or event, 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 news paper receptacles. F. Real Estate Signs. One (1) real estate sign may be placed per street frontage and one (1) sign per lake frontage on property to be sold or leased. Such signs shall be set back ten (10) feet from the property line or right-of-way line, whichever is greater. Placement of real estate signs shall have the express consent of the owner or occupant of the property. The area of any such sign shall be a maximum of six (6) square feet for residential property and a maximum of thirty-two (32) square feet for all other properties. Such signs shall be removed within seven (7) days following the leasing or closing of the sale. Vacancy signs shall be no larger than four (4) square feet. G. Residential Nameplate Signs. One (1) nameplate sign, up to two (2) square feet in area per surface with a maximum of two (2) surfaces shall be permitted for single family residences. H. Temporary Interior Window Signs. A temporary interior window sign for a business in a Business or Industrial zone which is part of a display of merchandise or display relating to sales on the premises is permitted, provided such sign is not to be displayed for a period exceeding thirty (21) consecutive days. Such sign shall not occupy more than seventy-five (75) percent of each individual window area facing the street. I. Yard Sale Signs. Yard sale signs are permitted and may be displayed seven (7) days prior to the sale and must be removed immediately after the end of the yard sale. 5-7-5: PERMITTED SIGNS - SIGN PERMIT REQUIRED: The signs identified in Table 2 are permitted provided a sign permit is obtained from the City of Prior Lake. A brief description of the signs and display guidelines follow Table 2. TABLE 2 SIGNS THAT REQUIRE A SIGN PERMIT 3 t . A. Awning Signs L. Multiple Residential B. Balloon Signs Nameplate Signs C. Banner Signs M. On-Premise Directional D. Business Signs Signs E. Changeable Copy Signs N. Permanent Window Signs F. Construction Signs O. Portable Signs G. Illuminated Signs P. Streamers, Pennants H. Institutional Signs Q. Street Banner Signs I. Lake Service Signs R. Subdivision Identification J. Legal Non-Conforming Signs Business Signs S. Temporary Sign K. Marquee Signs T. Name Plate Sign A. Awning Signs. In a Business or Industrial zone, 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 thirty (30) percent of the awning surface. Awning signs shall be considered as part of the total wall sign square footage allotted to the building. B. Balloon Signs. (Other than tethered balloon signs) One (1) temporary balloon sign per lot not exceeding twenty (20) feet in height may be erected for a period of not more than fourteen (14) consecutive days in a Business or Industrial zone. In no case shall more than three (3) permits per lot be granted during any calendar year. The signs shall be set back no less than ten (10) feet from the property line or right-of-way line, whichever is greater, nor be placed in a location that obstructs the view of motorists. In no case shall balloon signs take up required off-street parking spaces. C. Banner Signs. In a Business or Industrial zone, there shall be no more than three (3) temporary banner signs on any lot. The total area of each banner sign shall not exceed thirty-two (32) square feet. Such signs shall be displayed no longer than twenty-one (21) consecutive days. In no case shall banner signs take up required off-street parking spaces. D. Business Signs. In a Business or Industrial zone, a wall or freestanding sign that identifies or advertises a business, person, activity, goods, products, or services located "on premise" is permitted as otherwise provided by this ordinance. E. Changeable Copy Signs. In a Business or Industrial zone, this applies to permanent wall or freestanding signs and does not include portable reader-board type signs. Changeable copy signs will be considered as part of the total wall or freestanding sign area allotted to a parcel. F. Construction Signs. On a development project site or in a subdivision of less than thirty (30) acres, three (3) signs not to exceed one hundred (100) aggregate square feet of advertising surface may be erected. For projects of thirty (30) acres or greater, five (5) signs not to exceed two hundred (200) aggregate square feet of advertising surface may be erected. Such signs shall be removed upon development of ninety (90) percent of the project. G. Illuminated Signs. Illuminated signs are premitted in the Business and Industrial zones. 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 premises. H. Institutional Signs. Freestanding or wall institution signs are permitted in any zoning district provided that the total sign area does not exceed seventy-five (75) square feet. Such signs may be no higher than six (6) feet above the grade of the adjacent street centerline. 4 T . I. Lake Service Signs. Any business which provides a service to a lake and/or is located within two hundred (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 Zoning District. Lake service signs must only convey the location and name of the establishment and the general services available. The signs shall not contain information such as product brands and prices. Lake service signs shall be no higher than ten (10) feet above the natural grade level and the maximum size of such a sign is limited to thirty-two (32) square feet in area. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters. J. Marquee Signs. In a Business or Industrial zone, signs may be placed on the vertical face of a marquee and may project from the lower edge of the marquee not more than twenty-four (24) inches, but the bottom of a sign placed on a marquee shall be no less than eight (8) feet above the sidewalk or grade 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 B-2 Community Business Zoning Districts. K. Multiple Residential Nameplate Signs. In R-3 and R-4 Multiple Residential Zoning Districts, one (1) nameplate sign for each dwelling group of six (6) or more units is permitted. Such nameplate sign shall not exceed six (6) square feet in area per surface and no sign shall have more than two (2) surfaces. L. On-Premise Directional Signs. Where one-way access and egress drives are approved, a sign indicating traffic direction that a maximum area of six (6) square feet, may be placed at a driveway within five (5) feet of the street right-of-way and no more than four (4) feet from the average grade level. Such signs shall be no higher than four (4) feet above the centerline of the adjacent right-of-way. A directional sign indicating the entrance to a two-way driveway may be approved or required where the Director of Planning or designee deems it is necessary to safely direct the travelling public. M. Permanent Window Signs. One (1) permanent sign not exceeding twenty-five (25) percent of the total window area is permitted per window. The sign area of permanent window signs shall be included as part of the maximum total permitted wall sign area for the building in a Business or Industrial zone. N. Portable Signs. A portable sign may be used for a period not to exceed thirty (30) days per calendar year, per lot, and is only in Business and Industrial zoning districts. The maximum area shall be thirty-two (32) square feet and the maximum height shall be six (6) feet. The required setback is ten (10) feet from the property or street right-of-way line, whichever is greater. 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 section. Portable advertising signs that are attached to or painted on vehicles parked and visible from the public right-of-way are prohibited unless said vehicle is used in the normal day-to-day operations of the business. In no case shall a portable sign take up required off-street parking spaces. O. Streamers. Pennants. Temporary streamers and pennants may be erected for a period not more than fourteen (14) days. A maximum of three (3) permits per property may be granted per calendar year. P. Street Banner. Street banners are permitted in a Business or Industrial zone, for locations authorized by the City Engineer. Such signs may be displayed fourteen (14) 5 . days prior to and three (3) days after the public entertainment or event. a. Subdivision Identification Signs. Freestanding signs indicating the name of a residential subdivision, neighborhood, or business center shall be permitted for the purpose of permanent identification of the site. At each principal entrance to such an area, a maximum of two (2) signs, not to exceed fifty (50) square feet of sign area per side with a maximum of two (2) sides, excluding decorative landscaping and sign base, will be permitted on private property. The maximum height of such signs shall be ten (10) feet above the natural grade. When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility, for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the Sign Permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the Sign Permit. R. Temporary Signs. Temporary business signs shall be allowed in Business and Industrial zoning districts, for businesses operating by a conditional use permit, and for advertising public and charitable events. There shall be a maximum of one (1) temporary sign within the minimum yard setback area required by the zoning ordinance. no more than three (3) such signs on any lot, and the total area of each sign shall not exceed thirty-two (32) square feet. Such signs shall be displayed for no longer than twenty-one (21) consecutive days. In no case shall temporary signs occupy required off-street parking space nor shall they be used in conjunction with portable signs as provided in this Section. 5-7-6: SIGNS REQUIRING CONDITIONAL SIGN PERMIT: The signs identified in Table 3 are permitted subject to approval of a conditional sign permit from the Prior Lake Planning Commission. The procedure for obtaining a conditional sign permit is outlined in Section 5-7-7. A brief description of the signs and display guidelines follows Table 3. TABLE 3 SIGNS THAT REQUIRE A CONDITIONAL SIGN PERMIT A. B. C. D. E. F. Electronic Message Signs General Nameplate Signs Illuminated Signs Menu Board Signs Off-Premise Directional Signs Public Service Signs G. Signs Accessory to Approved Conditional Uses H. I. Strings of Lights Balloon Signs (21-35 feet high) A. Electronic Message Signs. In a Business or Industrial zone, one (1) electronic message sign may be permitted on a lot, subject to the size and area requirements identified in Section 5-7-15 for freestanding signs. An electronic message sign is a sign that is intended to show messages and graphics that are changed by electrical pulsations. 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 lots. B. General Nameplate Signs. One (1) nameplate sign may be allowed for each permitted use or conditional use other than residential in the R-1 Single Family Residential, R-4, Mixed Code Residential, R-2 Urban Residential, R-3 Multiple Residential, R-4, Mixed Code Residential, A-1 Agricultural, and C-1 Conservation Zoning Districts. Such sign 6 .. - shall not exceed twelve (12) square feet in area per surface. Any nameplate sign over one (1) foot square shall be set back at least ten (10) feet from any property line or right-of-way line, whichever is greater. No sign shall exceed five (5) feet in height above the natural grade. C. Illuminated Signs. Illuminated signs may be permitted in Agricultural, Conservation and Residential Zoning districts. 5-7 -7) is approved by the Prior Lake Planning Commission. Such signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring premises. D. Menu Board Signs. In Business zones, one (1) sign, thirty-two (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 wall and freestanding sign area of the business. The applicant shall demonstrate that the proposed sign location will not obstruct pedestrian or vehicular movement nor be located in an area objectionable to adjacent business or residential lots. E. Off-Premises Directional Signs. An off-premises directional sign may be permitted for the purpose of providing off-street direction to a residential project or a new public, religious or non-profit institution within the twelve (12) months following issuance of the occupancy permit. Such a sign shall not exceed twenty-five (25) square feet per face with a maximum of two (2) faces, and shall conform to the yard setback requirements of the zoning district in which it is located. A conditional sign permit may be issued for one (1) year periods. A conditional sign permit may alaso be issued for a directional sign may be permitted for any use which, in the determination of the Planning Commission, incurs substantial hardship from lack of reasonable identification as a result of the location. If the sign is lighted, it shall be illuminated only during those hours when the business is in operation or when the model homes or other developments are open for conducting business. F. Public Service Signs. Public service signs shall only be allowed in Business districts and the sign area and height must conform to all the requirements of this Ordinance. Public service signs must meet the total sign area requirements. G. Signs For Approved Conditional Uses. A conditional sign permit shall be required for all silgns for uses which have been allowed by condition I use permit. H. Strings of Lights. Lights strung by wire, cord or similar means, other than temporary holidty lighting, shall only be allowed in Business districts. No flashing or blinking lights shall be permitted. I. Balloon Signs. (21 to 35 feet). Shall only be allowed in Business districts, subject to the requirements of this ordinance for untethered Balloon signs. 5-7-7: CONDITIONAL SIGN PERMIT PROCEDURE: Signs identified in Table 3 of this Ordinance require a conditional sign permit from the Prior Lake Planning Commission, which may place conditions upon sign permit approval to insure that the proposed display will be compatible with the existing and/or proposed land uses in the underlying zoning district. The application process for a conditional sign permit is a follows: A. The applicant shall file with the Director of Planning a completed sign permit application for the proposed sign(s) along with scale drawings of the sign(s) indicating location, design, color, size, area, proposed display period and rationale describing the specific circumstances or criteria that warrant a conditional sign permit for the proposed sign. The Director of Planning or designee may shall require a surveyor accurate plot plan in 7 l' . order to provide complete information to the Planning Commission. B. The applicant shall provide a list of names and addresses of all property owners within one hundred (100) feet of the proposed sign location(s). The list of names shall be provided by a certified abstract company so that the Director of Planning or designee may provide notification of the conditional sign permit application to affected property owners. C. The Planning Commission shall consider the application at a public hearing and shall approve or deny the request within forty-five (45) days of the hearing. D. The Commission's action may be appealed to the City Council in the manner established by the Zoning Ordinance for appeals from decisions by the Board of Adjustment. 5-7-8: NON-CONFORMING SIGNS: Any sign that is legally non-conforming to the requirements of this Ordinance shall either be removed or brought into conformance with current code requirements prior to issuance of any new sign permit, zoning permit or building permit for the site. 5-7-9: PROHIBITED SIGNS: Except as explicitly otherwise provided in this ordinance, the following signs are prohibited. A. Advertising Signs. B. Animated Signs. Animated signs and any signs that contain visible moving or rotating parts, visible mechanical movement. C. Balloon Signs. Tethered. D. Beacons. Beacons, beamed lights or similar devices. E. Bench Signs. F. Billboard Signs. H. Home Occupation Signs. I. Painted Wall Signs. J. Projecting Signs. No projecting sign shall be allowed to project within five (5) feet of any property line or public right-of-way line be and lower than eight (8) feet above the ground. K. Roof Signs. No sign shall extend above the roof line. L. Traffic Interference Signs. 5-7-10: SIGN PLAN REQUIREMENTS: No permit shall be issued for a sign requiring a permit unless and until a sign plan for the entire lot and/or building on which the sign will be erected has been submitted and approved by the Director of Planning. The purpose of the sign plan is to provide accurate information for the City to determine compliance with Ordinance requirements. The sign plan shall include: A. An accurate surveyor plot plan of the lot, at such scale as the Director of Planning or designee shall reasonably require. 8 'I' . B. Square footage calculations for each exterior elevation of the building, total building square footage, and the proposed location of signs on each exterior wall elevation. C. An accurate indication on the surveyor plot 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. D. Lettering or graphic style, lighting, location of each sign on the building, materials and sign proportions. E. A duplicate copy of the sign information that the property owner will provide to all tenants with the approved plan. F. 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, and details of any light shields or shades. 5-7-11: SIGN PERMIT REQUIREMENTS: A. Permits Required. Before a sign requiring a permit under the provisions of this Ordinance is placed, constructed, erected, modified, or relocated the property owner or designee shall secure a sign permit from the Director of Planning or designee unless the sign is exempt from the requirements of this ordinane or is permitted without a permit by this ordinance. 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. B. Application. 1. Application for a sign permit shall be made in writing upon forms furnished by the City. The application shall contain the following information: a) Name, address and telephone number of the property owner, sign owner and erector. b) Address and legal description of the sign. c) The plan information required by this ordinance. d) Other pertinent information as may be required by the Director of Planning or designee. 2. 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. c. Exemptions. 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 erection and maintenance, and its compliance with the provisions of this Ordinance or any other law or ordinance regulating the same. 1. Changing the advertising copy or message on a marquee, changeable copy, electronic message or similar sign specifically designed for the use of replaceable copy. Signs electrified for other purposes and illumination only shall not be exempted. 9 ,. t 2. Painting, repainting, replacement or cleaning of a legal advertising sign structure or sign whereby only the color may be altered. 5-7-13: 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 premises on which the sign is located. 5-7-14: CALCULATING ADVERTISING DISPLAY 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 means of 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. A. 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. B. Multi-faced Signs. 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 two identical sign faces are placed back to back, so that both faces cannot 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 forty-two (42) inches apart, the sign area shall be computed by the measurement of one of the faces. c. Computation of Maximum Total Permitted Sign Area. The permitted sum of the area of all individual signs on a lot shall be computed by applying the formula contained in Sections 5-7-14 and 5-7-15. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the percentage of the building side total sign space allocation that is derived from the permitted sign area for the building. 5-7-15: PERMITTED SIGN AREA-BUSINESS AND INDUSTRIAL DISTRICTS: The signs regulated herein refer to "on-premise" signs that are intended to identify or advertise a business, person, activity, goods, products or services that are located or placed upon the private lot where the good or service is available. Signs may not be displayed "off-premise", except for the specific circumstances described in this Ordinance. On-premise signs must be located or placed upon private property, be securely built, installed and maintained to conform to the requirements of this Ordinance. A. Wall Signs. Except in 1-1, Business Park Zoning Districts, the total area of permanent wall signs shall not exceed twenty (20) percent of the area of the total building front. Except buildings over three thousand (3,000) square feet of floor area may add one (1) square foot of sign space for each one hundred (100) square feet of floor space over three thousand (3,000) square feet. Within 1-1, Business Park Districts, the total area of permanent wall signs shall not exceed ten (10) percent of the area of the total building front. In no case may an individual wall sign within an 1-1, Business Park District exceed two hundred (200) square feet. Wall signs in all districts shall not project from the building line more than fifteen (15) inches. 10 " - B. Freestanding Signs. Business and industrial buildings in areas other than shopping centers where the building does not cover the full area of the property, may erect one (1) freestanding sign. One such sign is permitted per lot. The maximum height of a freestanding sign shall be twenty (20) feet above the grade of the adjacent street centerline in B-1 Limited Business; B-2 Community Business; 1-1 Business Park, and 1-2 Light Industrial Zoning Districts, thirty (30) feet above the grade of the adjacent street centerline in 1-1, Business Park Districts. Except in the 1-1 Business Park District, the maximum size of a freestanding sign shall be seventy-five (75) square feet per side within a maximum of two (2) sides. Within 1-1, Business Park Districts, the maximum size of a freestanding sign shall be eighty (80) square feet per side with a maximum of two (2) sides. No freestanding sign shall extend beyond a property line, building restriction line or right-of-way line or be located closer than forty (40) feet to another freestanding sign. Freestanding signs must be set back at least ten (10) feet from the property line, or right-of-way line, whichever is greater, with the exception of B-2 Community Business Districts where a freestanding sign may have a zero setback. (Setback measurement will be determined from the closest part of the sign to the property or right-of-way line.) c. Shopping Center Signs. Shopping centers may erect one area identification sign, stating the name of the center and the major tenants, provided the maximum size be limited to one hundred (100) square feet per side, with a maximum height of thirty (30) feet above the grade of the adjacent street centerline. Shopping center signs must be set back at least ten (10) feet from the property line or right-of-way line, whichever is greater. (Setback measurement will be determined from the closest part of the sign to the property or right-of-way line.) D. Ground Monument Signs. Within Business and Industrial Zoning Districts, one (1) common ground monument sign shall be allowed at each major entrance into the Business Park for the sole purpose of identifying the Business Park or Zoning District, and/or listing the businesses therein. Such sign may be no higher than ten (10) feet above natural grade and no more than one hundred twenty (120) square feet in area with a maximum of two (2) sides. Such signs shall not be located within a thirty (30) foot clear view triangle on corner lots and shall be set back a minimum of ten (10) feet from the property line, or right-of-way line, whichever is greater. (Setback measurement will be determined from the closest part of the sign to the property or right-of-way line.) 5-7-16: LAPSE OF SIGN PERMIT: A sign permit shall lapse automatically if not renewed or if the business activity on the premises is discontinued for a period of one hundred twenty (120) days. The Director of Planning or designee will notify the landowner, in writing, that the sign must be removed. If the sign is not removed 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. 5-7-17: CANCELLATION: A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six (6) months after the date of permit approval. A permit may be renewed one (1) time for additional six (6) months and no additional fee shall be collected for the renewal. This clause does not apply to temporary or conditional sign permits. 5-7-18:APPEALS. A. To provide for a reasonable interpretation of the provisions of this Ordinance, a permit applicant may appeal an interpretation by the Director of Planning where it is alleged that 11 , . there is an error in any order, requirement, decision or determination made in the enforcement of this Ordinance. 1. The property owner or agent shall file with the Director of Planning a written notice of appeal stating the specific grounds upon which the appeal is made. 2. The Director of Planning shall transmit the appeal to the Planning Commission. The Planning Commission shall hear and make its decision within thirty (30) days. B. The Commission's action may be appealed to the City Council in the manner established by the Zoning Ordinance for appeals from decisions by the Board of Adjustment. 5-7-19: VARIANCE: A. The Planning Commission may authorize a variance from the terms of this Ordinance if it is found that such action is not contrary to the public interest; that a defined hardship exists due to unique characteristics of the property that warrant special considerations; that the property owner does not have reasonable sign display area without the variance, that the variance is not being requested solely on the basis of economic considerations, and that the variance will result in sign display area on adjacent properties. A variance may not circumvent the purposes and intent of this Ordinance. No variance may be granted that would allow any signs that are prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. B. The Commission's action may be appealed to the City Council by the applicant or by any other person aggrieved by the decision of the Commission in the manner established by the Zoning Ordinance for appeals from decisions by the Board of Adjustment. 5-7-20: VIOLATIONS: The following shall be a violation of this Ordinance and will be subject to the enforcement remedies and penalties provided by this Ordinance, by the Zoning Ordinance, and by State law: A. To install, create, change, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located. B. To install, create, erect, or maintain any sign requiring a permit without such a permit. C. To fail to remove any sign that is installed, created, erected, or maintained in violation of this Ordinance, or for which the sign permit has lapsed. D. To continue any violation. E. Each sign installed, created, erected, or maintained in violation of this Ordinance shall be considered a separate violation when applying the penalty portions of this Ordinance. 5-7-21: ENFORCEMENT AND REMEDIES: Any violation or attempted violation of this Ordinance or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to State law. A violation of this Ordinance shall be considered a violation of the Zoning Ordinance of the City. The remedies of the City shall include but not be limited to the following: 12 'I . A. Issuing a stop work order for any and all work on any signs under construction on the same lot. B. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the non-conformity. C. Imposing any penalties that can be imposed directly by the City under the Zoning Ordinance. D. Seeking in court, the imposition of any penalties that can be imposed by such court under the Zoning Ordinance. E. In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the City under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances 5-7-22: FEES: The City Council shall establish the permit fee structure for signs on a annual basis. The sign permit fees shall be indicated on the annual City of Prior Lake Fee Schedule as adopted by the City Council. A. Signs which need a conditional sign permit must pay the established sign permit fee plus such additional fee as may be required for the conditional sign permit. B. Prior to the issuance of a permit for a temporary or portable sign, a deposit (in an amount to be determined by the City Council), in the form of cash, check or money order must be provided to the City. Said deposit will be refunded only if the sign is removed by noon of the next business day after the permit period expires, unless otherwise agreed to, in writing, by the Director of Planning or designee and applicant prior to issuance of the permit. C. Fees may be waived by the City Council for signs containing a religious, civic, school or public interest subject. D. No fee shall be required for signs exempted from or for which permits are not required by this ordinance. 5-7-23: FINES: As allowed by State Statute, any person, organization, corporation, or their representatives found in violation of this Ordinance shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not to exceed seven hundred dollars ($700.00) or by imprisonment for not more than ninety (90) days, or both. Each day that a violation exists shall constitute a separate and distinct offense, punishable as aforesaid. 5-7-24: REMOVAL OF SIGNS: If the City finds that any sign, temporary or permanent, or other advertising structure regulated herein is unsafe or insecure, a menace to the public, or in violation of the provisions of this Ordinance, the Director of Planning or designee, shall give written notice to the holder of the permit. The holder of the permit shall remove or alter the structure so as to comply with the standards required by this Ordinance and indicated by the Director of Planning within seven (7) days after issuance of such notice. If after receiving said notice such person fails to remove or alter said sign so as to comply with the provisions of this Ordinance, such sign shall be deemed to be a nuisance and may be abated by the City by proceedings taken under Minnesota Statutes, Chapter 429, and 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. 13 'I' . 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. When the City sends, by certified mail, the notice of violation, copies will be sent to both the permit holder and the property owner, if they are different persons. 5-7-25: SEVERANCE CLAUSE: If any section, clause or provision or portion thereof of this Ordinance shall be found to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion thereof of this Ordinance. 5-7-26: DEFINITIONS: Address Sign: A sign consisting of identification numbers only, either written or numerical form. Advertising Sign. Any permanent non-governmental sign advertising products, services, commodities, entertainment or other activity not offered at the location of the sign or not exclusively related to the premises on which the sign is located. Animated Sign. Any sign that uses movement or change of lighting to depict action or create a special effect or scene. Awning. A non-rigid hood or cover projecting from a building, which may 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. Banner Sign. Any temporary sign of lightweight fabric or similar material intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. 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, capable of being revolved automatically or being directing 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. A 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 otherwise related to activities conducted on the premises on which such 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, 14 - 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 relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities thereon. 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" and not a changeable copy sign for the purposes of this Ordinance. Construction Sign. A sign giving the project name, name(s) of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other 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. Erect. To build, construct, attach, hang, place, suspend, or affix and also includes the painting of wall 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. Any 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 direct to or form the interior of the sign. Incidental Sign. A sign, generally informational, that has a purpose secondary to the primary use of the lot 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. A sign which identifies the name and other characteristics of a public or semi-public institution on the site where the sign is located. Lake Service Sign. Signs accessory to uses which depend on patrons arriving by watercraft. Legal Non-Conforming Sign. Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this Code, and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this Code. 15 T . 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. 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, whether or not containing a message of any kind, suspended from a rope, wire, or string, 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, signs converted to A or T frames, and signs attached to or painted on vehicles parked and visible form the public right-of-way, unless a vehicle is used in the normal day-to-day operations of the business. Projecting Sign. Any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond the building or wall. Principal Building. The building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings. Public Service Sign. A sign that displays time, weather, stock market data or public information other than advertising for a product or service. Real Estate Sign. A temporary sign erected by a Realtor or private individual for purposes of advertising for sale or lease a particular building and/or parcel of property. Roof Line. The lowest plane at which the external upper covering begins. 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 sixty (60) degrees from the horizontal. Rotating Sign. A sign which revolves or rotates on its axis by mechanical means. 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. Sign. Any written announcement, declaration, demonstration, display, illustration, insignia, illumination, or message-bearing device used to advertise or promote the interest of any person or persons when the same is displayed or placed out-of-doors in the view of the general public, or a pylon exterior wall or building surface or inside of a building within three (3) feet of a transparent window. A sign shall be considered as a structure or a part of a structure for the purpose of applying yard and height regulations except as herein stipulated. 16 - Snipe Sign. Sign(s) of any material whatsoever that is painted on or attached in any way to a utility pole, tree, rock or any object located or situated on public or private property. Street Banner. Any banner sign which is stretched across and hung over a public right-of-way which advertises public entertainment or a public event. Street Frontage. For purposes of this Ordinance, any reference to street herein shall mean any street or roadway, public or private, but not to include private driveways. 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 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 fifteen (15) inches from the surface at all points of the building or structure, and which displays only one sign surface. Window Sign. Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or within thirty-six (36) inches of a window, or upon the window panes or glass which is visible from the exterior of the building. Yard Sale. An infrequent temporary sign display and sale, by an occupant, on his or her premises of personal property, including general household rummage, used clothing and appliances, provided: the exchange or sale of merchandise is conducted within the residence or accessory structure. Yard Sale Sign. A sign not to exceed two (2) square feet to advertise the address of a yard sale. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council this _ day of ,1994. CITY OF PRIOR LAKE Mayor ATTEST: City Manager Published in the Prior Lake American on the _ day of ,1994. 17 'I' .