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HomeMy WebLinkAbout4J Sign Ordinance SummarySTAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: ISSUES: DISCUSSION: RECOMMENDATION: ACTION REQUIRED: FB/aw AGNORD,CC 4 (j) ~/~~ FRANK BOYLES, CITY MANAGER' ~' CONSIDER APPROVAL OF THE TE.'X"T AND SUMMARY OF AND ORDINANCE TO BE PUBLISHED IN SUMMARY FORM DECEMBER 19, 1994 The City Council adopted the revised sign ordinance on November 21. Because of its length we intend to publish the ordinance in summary form. The City attorney's office advises that state statute requires the Council to approve the contents of the summary publication by a 4/5 vote. In order to save a substantial dollar amount in publication costs the staff is recommending that the new sign ordinance be published in the ~ American in summary form. Minnesota Statutes Section 412.191 provides that in order for the ordinance to become effective after summary publication the following must occur: A printed copy of the ordinance must be available by inspection by any person during regular office hours at the City Hall or other locations that the Council designates. A copy of the entire text of the ordinance must be posted at the community library if there is one. The Council must approve the text of the summary of the ordinance and determine that it clearly informs the public of the intent and effect of the ordinance. This is a cost issue. Once these preconditions are met the publication of the title and summary of the ordinance is deemed to fulfill all legal publication requirements as if the entire ordinance had been published. The text summary may be published in body type no smaller than 8 point. I recommend that the City Council authorize the summary publication of the sign ordinance in the Prior Lake American as attached. Motion and second to approve summary publication as attached as part of the consent agenda. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EIVlPLOYER DEC-07-199~ 89:~9 ~ROP~ LO~qMEN-WEL$OW. MPLS' TO 9~9~ P. 02-' SUM34ARy OF ORDINANCE NO. 94-06 AN ORDINANCE REFEALING PRIOR LAKE CITY CODE TITLE 5, CHAP'rER 7, SIGN ORDINANCE 83-$ A.N'D ADOPT~G A~N'D REi~"BLISr'a~'G CITY CODE TITLE 5, CltAPTER 7. TI-IE FOLLOWING IS A SUMM. ARY OF THE ABOVE-REFERENCED ORDINANCE. A PRINTED COPY OF THE FU]LL TEXT OF THE ORDINANCE IS AVA_fI_.ABLE FOR INSPECTION BY ANY PERSON DURING REGULAR OFFICE HOURS AT TIlE OFFICE OF TI-FF. CITY MANAGER. All signs not expr~ssly permitted under the Ordinance are prohibited unless exempt from regulation under the Ordinance or by statute. The following signs (as defined and described in the Ordinance) are exempt under the Ordinance: A. Incidental Signs D. Public Signs 13. Interior Building Signs E. Works of Art C. Off-Premise Announcements The following signs (as defined and described in the Ordinance) are permitted under the Ordinance and do not require sign permits. The size, area and number of such signs are, however, regulated under the Ordinance: A. Address Signs O. Residential Nameplate B. Building Markers Signs C. Election Signs II. Temporaxy Interior D. No Trespass Signs Window Signs E. Public Right-of-Way Signs I. Yard Sale Signs F. Real Estate Signs The following signs (as defined and described in the Ordinance) are permitted under the Ordinance provided a sign permit is obtained from the City of Prior Lake: ho B. C. D. E. F. G. H. I. I. K. Awning Signs Balloon Signs Banner Signs Business Signs Changeable Copy Signs Construction Signs Illuminated Signs Institutional Signs l.~ke Service Signs Marquee Signs Multiple Residential Nameplate Signs Lo On-Premise Directional Signs Permanent Window Signs Portable Signs Streamers, Pennants (non-commercial) Street Banner Signs Subdivision Identification Signs Temporary Signs DEC-07-199~ 09:~9 FROM LOM~EW-~UELSON, MPLS. TO 9~7~z1S P. 0~. The following signs (as defined and described in the Ordinance) are permitted under thc Ordinance. subject to approval of a conditional sign permit from the City of Prior Lake Plm~ning Commission: A. Electronic Message Signs G. B. General Namephte Signs C. Illuminated Signs H. D. Menu Board Signs E. Off-Premise DLrectional Signs I. F. Pubhc Service Signs J. Signs Accessory to Approved Conditional Uses Streamers, Pennants (commercial) Strings of Lights Balloon Signs (21-35 feet high) Section 5-%7 of the Ordinance covers the following permitted "on-premise" signs (as defined and described in the Ordinance) in Business and Industrial Districts: A. Wall Signs C. B. Freestanding Signs D. Shopping Center Signs Ground Monument Signs Signs in Business and Industrial Districts may not be displayed "off premise," except as otherwise specifically allowed in the Ordinance. SeCtion 5-7-8 of the Ordinance sets forth methods of calculating advertising display area. Section 5-7~9 of the Ordinance provides that any sign that is legally non-conforming to the requirements of the Ordinance must either be removed or brought into conformance with current Code requirements prior to issuance of a permit for any new sign on the,property. Except as explicitly otherwise provided in the Ordinance, the following signs (as defined in the Ordinance) are prohibited: A. Advertising Signs G. Home Occupation Signs B. Animated Signs H. Painted Wall Signs C. Balloon Signs, Tethered I. Projecting Signs D. Beacons J. Roof Signs E. Bench Signs K. Traff'tc Interference F. Billboard Signs Signs No sign permit will be issued until a sign plan for the entire property and/or building on which the sign will be erected has been approved by the City of Prior Lake Director of Planning or designee. Section 5-7-11 of the Ordinance sets forth the sign plan requirements. Section 5-7-12(A) and qB) of the Ordinance set forth sign permit requirements, including the information that must be contained in an application for a sign permit. Section 5-7-12(C) of the 2 DEC-0'7-!99~ 09:~0 ~.ROm L~z~MmEN-NELSON, MPLS. Ti-i '~zl-4~7~S p. _~ Ordina_ncc prov./des that the .follo~Lng sign modLfications are exempt from the sign permit requixement: 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, rcpahating, replacement or cleaning of a legal advertising sign structure or sign whereby only the color may be altered. These exemptions do not relieve the owner of the sign from the responsibiJ, ity o~' the si.gn's pro.oer erection and maintenance or compliance wi. th the other prov[si, ons Of the Ordinance or any other law or ordinance regulating the same. Section 5-7.-13 of the Ordinance sets forth the application process _for a co,nditional sig~ permit. All signs must be mai. n',xined in a safe, oresentable and sound structur",d con~tion at - '~ a~ time.s. Any sign which the City finds is in a dangerous or defective condition must be removed by the owner of the sign or the owner of the property on which the sign is located. A sign permit will lapse automatically if the business related to the sign is discontinued for a period of one year. If hhe sign is not remove~l or a new sign permit has nor beet, issu~l within 30 days of notice of permit expiration, the City of Prior l~e may have the sign removed and assess costs back to the property. A sign .... r>e,,'-rnit (excemr a ternpo,'aO, or conditional sign permif~, snaJ_t'" become null a~d void if work for r,'hich the permit was issued .has r~o~ bee~. completed withJja six mot, tbs after the date of permit approval: a permit may be renewed one tLme for an addi_tior,_al six month period with no additional fee. Section 5-7-17 of the Ordinance sets forth the procedure pursuant to '~'h_;cb a per, tilt applicoj~t can appeal the decisions of the City of Pr/or Lake Director of Plannh~g and/or Plm'ming Commission with rcspe,.m to issuance of a permit. Under certain circumstances, the CiW of Prior Lake ][~ll'Ln.J.ng Commission mo.y authorize a variance Imm the terms of the Ordinance. Section 5--7-18 of ~e Ordh~ancc. sets forth the grounds an~ procedure for granting such a variance and prove, des .,%r appe~ of thc decisi_on of the City of Prior Lake Plann/ng Commission to the City of Prior 'Lake City Council. Section 5-7-19 of the Ordinance provides that it is a violation of the Ordinance 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 property on which the sign is located; -3- DEC-~J'?,-l'39'-4 09:58 PROM L;-IMr'IEN-NELSON. MPLS. install, create, erect, or maiamia any sign requLring a permit without such a permit; fail to remove any sign that is installed, created, erected, or maintained ia violation of the Ordinance, or for which the sign permit has lapsed; and D. continue any viohtion. Sectioia 5-7-20 of the Ordinance sets forth the remedies of the City of Prior Lake ha d~¢ event of any violation or attempted violation of the Ordinance. Section 5-7-21 of the Ordinance covers sign permit fees. Section 5-7-22 of the Ordinance provides that any person, orgardgmtion, corpo.ration, or thch' mpmsentat';ves found in violation of the Ordimance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a I-me of not to ex~exl $700.00 or by imprisonmer~t for not more than 90 days, or both. Each day that a violation exists constitutes a separate and disdnct offense, punishable as aforesaid. Section 5-7-23 of the Ordinance provides for removal of signs. -4- TOTAL P.05 L'E(-7-OE,-19~54 13: OE] FR:zN LOI~!i"IEN-NELSOi'~i, hlPL$. TO 944?4245 P. ~2 § 412.181 Law~ 1967. ¢- 259, § $. Laws 1955, c. 867. § 4. laws 1953, c. ag. § l- I~aw$ 1951. ¢. 378. §§ 7 to 9. Laws 19a9, ¢. 366. § 1. CITIES, M~TROPOLITAN AREAS ].~w~ 1949, c. ltg, § 21. ,~en~. no~, § 415.11- Uniform code of munic- ipal governrnent, se:. note preceding this chap- ter. COUNCIL, POWERS Mumcipal Gorp~rations ¢~80 to 122. C3.S. Zonir~g and Land Planning § 37. Z°ning ~'~21: - - I~O 158, CJ.S- M~cqj~l C°rl~rau°-n~- 148 Io 199 e~ ~oq., 385 to 390, 409 455 ~ ~- 412.191. Members; powexs, duties SubdivLslon 1. Composition of city counciL The city council in astan- .. dard plan city shall consist of the mayor, the clerk, and the three council members. In optional plan cities, except those cities having a larger council under section 412.023, subdivision 4, the council shall consist of the mayor and the four council members- A majority of all the members shall constitute a quorum although a smaller number may adjourn from time to time. Subd. 2. Meetings of the council Regular meetings of the council shall be held at such times and places a~ may be prescribed by its rules. Special meetings may be called by the mayor or by any two members of the council by writing filed with the clerk who shall then mail a notice to all the members of thc time and place, of meeting at least one day before the meeting. The mayor or, in the mayor's absence, the acting mayor, shall preside. All meetings of the council shall be open to the public. The council may preserve order at its meetings, compel the attendance of members, and punish nonat- tendance and shall be the judge of the election and qualification of its members. The council shall have power to regulate its own procedure. Subd. 3. Public~tlon of eotmctl proceedings. The council after every regu-lar or special meeting ~ahall publish the official co~mcil proceedings, a summary conforming to section 331A.01, subdivision 10, or a condensed version of the official minutes which shall include action on motions, reso!u- tions, ordinances, and other official proceedings. As an alternative to publi- cation, the city may mail, at city expense, a copy of the proceedings to any resident upon request. The publication shall occtn' within 30 days of the meeting to which the proceedings relate. Cities with a population of less than 1,000 according to the latest fe~leral census are not required to comply with tl-LiS section, but may do so at their discretion. Subd. 4. Enactment o[ ordtmmces. Ever~' ordinance shall be enacted by a majority vote of all the members of the council except where a larger number is required by law. It ~all be signed by the mayor, attested by the clerk and published once in the offici~ newspaper. In the case of lengthy ordixxances, or ordinances which include charts or maps, if the city council determines that publication of the title and a summary of an ordinance would . nf rm thc public of the intent and effect of the m~inance, the council clearly i o _ . .... a .... ,hat only the t~ may ~ a tou_.~)-,_,,,,__~~-c--~n(~mi to section --~ ....... ~--~,,bhshed con r ng ' al'Ice al'iCl a SUlTlm~ly t~, l"" ' STA' subd for i cky enti is o Pric text inte sha' the put the aft · 19 crrtF. S § 412.191 derk and ~m? other loc~tion which ffm ~oom~i] ~i~t~ A co~y of text of th~ o~dinancc ~atl be p>sted in th~ c.orn~ ~br~', ff there ,~e, or if not, in ~v other p~blic l~tio'a which thc co~cil d~ignme~,- m~ - ¢.~-.-~'-~~-a%C;%"rh~ ~~f the title k~ tSR'fl~V~ITe'~ pabti~tion r~uiremen~ ~ complctet~ ~ n- e~tke ordinance had been published. The text of the smma~' shall ished in .... -. - ......... ~t]~l~ a~ched *o rm~tfca ~t~ordi~ce, :Ever5' ordinan,:~' ~;~'-~xcxoxded in d~e ordi~nce b~k witch 20 days publication of tim ordim'mce or im title zmd summa. All ordinmxces be .uimbiy entitled a~d ,;hall be subs~ltjally in the style. "Thc CiD' of ............... or~ins:"- subd. 5. Ret-~alcd by Laws 1976, c, 44, ~ 70, cfi. ~arch 13, !976. ;~.xvs t949, c. llq, ~ 22 t,~ 26, {:~f l 115' 1, 1049. Amended by ~ 1067. e 289, 'cfi. May 4, 1967; Low.; t9-73, c. !23, art. 2, ~ 1; ~aws !976, c. 44, ~ 26, eft. March 13, 1976; ~ 1981, c. 2i9, ~ 1; i~w5 198&. c. 543, ¢~ 46, 47; ~x~ 1986, c mnlcnce and ~.~dicd ~h~ tt~i~ .~ntcnc~ ¢ to stan~d pt~ vill~cs, and added the ~r,iencc rctau[~ to optior~ pl~ vilL~c-s Th~ 197~¢ amenda;mY am. in .;u~. 1, mclud o[ n,en~* con;d~nng a quorum ~:e 1976 amenda/orv act aisc regaled ~u~- [, which ~rmiued any rnv to ~biish law~, reminders, re~ludon~, and'mt~s in fo~ and publication of ordimanc~; if ~ubstan6M quan.- tion- lion of title ~nd mmmaO' of o~i~n~ only su~. 4. sub~.4.3 and in sub& 4, in thc first p~agraph, in~-rtcd 'qn ~he ~ of lcn~hF otdinart~*, or ordinates which incl~e ctm~s or map~" "~t~formi~ to ~ctlon 331A.01, Iff' in the ~hird s~nt~c¢, ~d delet=d "a~ d~- fin~ in ~ion 331.07" at thc end ot the pcnui- '~e c~uacil my publi~ MI or ar, v part of thc official council pre.dings in ~h~ newzpa~. In IBc ~ of pu~M publicarion, ~e pubhsh~4 pr~di~:; shMl i~dkzte in what ;~.s~cts they are in.replete" ' ~ws 1984, c- 543, ~ 70. provid~ that ~ l m 69 of c 543. ~e eff~tiv'e lan. 1, 1985. ~pt ~ th~ applt~ to fnd~ndent distal, with re.c4 to which they were u~e J~y 1. 1985. codification and pt~blica6on of ordinances, Prima facie cvidenc~ of taw. see § ~15.02. Publication, stye § 415.021. . " Public notices, n~paper publicauon Publication of village proceedings, official ne~vspapcr, so¢ § 412.831- Resignation of membar, vote on replacement, sec § a15.15. Statutes. r~les and codes adopted by reference, see § ¢71.62- 149 9~4'7~t2~5