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HomeMy WebLinkAbout9C Sign Ordinance Amendment Report4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: PRESENTED BY: AGENDA ITEM: DISCUSSION: DECEMBER 12, 2016 9C CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST CASEY MCCABE CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1107 OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO SIGNAGE Introduction The purpose of this agenda item is to consider approval of an ordinance amend- ing Section 1107, General Performance Standards, of the City of Prior Lake Zon- ing Ordinance relating to signage. The proposed amendments would allow sign- age which identifies the location of a business or industrial park along a desig- nated county or state highway and may also include identification of individual businesses located within said business or industrial park. The Zoning Ordinance amendments proposed as part of this report include Sub- sections 1107.500 (Sign Definitions) and 1107.800 (Permitted Signs; Sign Permit Required) which are attached. History The City of Prior Lake Economic Development Advisory Committee (EDAC) pre- viously held a ‘Business Mixer’ event with the primary purpose of providing an open forum for business leaders, property owners and developers to gather with local elected and appointed officials to share opportunities, express concerns or offer ideas to make Prior Lake a stronger business community. One of the com- ments received at this event, and during subsequent discussions between City staff and business owners, was the desire for businesses in the Deerfield Busi- ness Park and Welcome Avenue Industrial Park to have signage along CH21. Current Circumstances The business owners requesting signage along CH21 do not have frontage on the county highway and the Prior Lake Zoning Ordinance does not currently allow for off-premises commercial signage. City staff, with the assistance of the City Attorney, has drafted a proposed ordinance amendment that would allow busi- nesses within the Deerfield Business Park and Welcome Avenue Industrial Park to have more visible signage. The proposed ordinance amendments would allow property owners in Deerfield Business Park and Welcome Avenue Industrial Park to add business identifica- tion signage through a new sign-type, referred to as ‘Off-Premises Identification Sign’ and defined as, ‘A permanent identification sign used to identify the location of a business or industrial park along a designated county or state highway and may also include identification of individual businesses located within said busi- ness or industrial park. Off-Premises Identification Signs shall not be included with on-premises signs in determining the total number or size of signs permitted on any site.’ 2 If approved, Off-Premises Identification Signs would be permitted in the C-3, Business Park and I-1, General Industrial Use Districts. The signs would be lo- cated only on a property which is part of the business or industrial park with writ- ten permission of the Property owner. The signs would be constructed as a ground monument sign, not pylon sign, and a minimum of 30 percent of the mon- ument sign area shall be dedicated to identifying a business or industrial park; no more than seventy 70 percent of the monument sign area shall be dedicated to identification of businesses located within the business or industrial park. A sign- age plan and agreement shall be recorded, which details; 1) how the monument sign area will be allocated to all property owners within the business or industrial park; and 2) how the monument sign area will be maintained. Off-Premises Identification Signs shall not exceed 150 square feet in total area and signs shall not exceed 15 feet in height. Freestanding Signs on the same side of the highway shall have a minimum separation of 200 lineal feet. No more than two (2) off-premises identification signs shall be permitted for each business or industrial park and a minimum separation of five-hundred (500) lineal feet shall be provided from any other off-premises identification sign on the same side of the highway. Signs shall be set back from all street right-of-way lines a minimum of 20 feet and shall be set back from all property lines a minimum of 10 feet. Conclusion The purposes of the sign regulations are to further promote and protect the fol- lowing 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) pe- destrian and traffic safety; 4) potential for the adverse effect of signs on nearby public and private property; 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; and 7) assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs. The Planning Commission held a public hearing to review the proposed ordi- nance amendments during their November 21, 2016 meeting and unanimously approved a motion to recommend the City Council approve the proposed amend- ments to Section 1107 of the Zoning Ordinance. When the proposed ordinance amendments were presented to the Planning Commission, the ordinance stated, ‘Only one off-premises identification sign shall be permitted for each business or industrial park.’ Following the public hearing, Councilor Morton, who was in attendance as the City Council liaison to the Plan- ning Commission, recommended the proposed ordinance be revised to allow for two off-premises identification signs. City staff supported that recommendation and the attached ordinance has been revised to eliminate the one off-premises identification sign limitation. The proposed ordinance now allows for no more than two (2) off-premises identification signs for each business or industrial park and requires a minimum separation of five-hundred (500) lineal feet from any other off-premises identification sign on the same side of the highway. 3 ISSUES: This ordinance applies only to certain commercial and industrial areas, which may lead to considering it in other districts or locations such as the South Lake Village area (C-2). The ordinance was amended to allow two such signs, which has yet to be tested in relationship to its visual impact. While communication is improved by this ordinance, city responsibilities are increased to assure that current busi- nesses are included and closed businesses are removed, as well as overall maintenance and consistency of the signage lettering Despite these issues, the proposed amendments comply with the purposes of the sign regulations and staff is requesting the City Council approve the amend- ments as proposed or as may be further amended by the Council. ALTERNATIVES: 1. Motion and a second to approve an Ordinance amending Section 1107, Gen- eral Performance Standards, of the City of Prior Lake Zoning Ordinance re- lating to signage, as proposed or as may be further amended by the City Council. 2. Motion and Second to approve a Resolution adopting the Summary of Ordi- nance and ordering the publication of said summary. 3. Motion and a second to deny the proposed amendments to Section 1107 of the Zoning Ordinance. 4. Motion and a second to table discussion of the item to a future specific meet- ing date and provide staff with direction. RECOMMENDED MOTIONS: Alternatives #1 and #2. ATTACHMENTS: 1. Proposed amendments to Section 1107 of the Zoning Ordinance 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-xx AN ORDINANCE AMENDING SECTION 1107, GENERAL PERFORMANCE STANDARDS, OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO SIGNAGE AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS The City Council of the City of Prior Lake, Minnesota, does hereby ordain that: 1. Subsection 1107.501, Sign Definitions, of Section 1107, General Performance Standards, of the Prior Lake Zoning Ordinance is hereby amended by inserting the following definitions in alphabetical order: Off-Premises, Identification Sign. A permanent identification sign used to identify the location of a business or industrial park along a designated county or state highway and may also include identification of individual businesses located within said business or industrial park. Off-Premises Identification Signs shall not be included with on-premises signs in determining the total number or size of signs permitted on any site. Pylon Sign. A freestanding sign with visible supporting posts or other foundational structure. 2. Subsection 1107.800, Permitted Signs; Sign Permit Required, of Section 1107, General Performance Standards, of the Prior Lake Zoning Ordinance is hereby amended by adding “Off-Premises, Identification Signs” to Table 2, Signs That Require A Sign Permit. 3. Subsection 1107.800, Permitted Signs; Sign Permit Required, of Section 1107, General Performance Standards, of the Prior Lake Zoning Ordinance is hereby amended by inserting Subsection 1107.822, Off-Premises Identification Signs, as follows: 1107.822 Off-Premises Identification Signs: Off-premises identification signs shall be permitted in the C-3, Business Park and I-1, General Industrial Use Districts provided the requirements set out in this subsection are met. 1) No more than two off-premises identification sign shall be permitted for each business or industrial park. Business and industrial parks are those properties that have been platted and developed as a business or industrial park as determined by the Zoning Administrator. 2) The sign shall be located only on a Property which is part of the business or industrial park with written permission of the Property owner. The sign may be located on a Property abutting the business or industrial park only with written permission of the Property owner and written approval of the Zoning Administrator. 3) The sign shall be allowed only on Property abutting county or state highways. 2 4) The sign shall be constructed as a Ground Monument Sign; Pylon Signs shall not be permitted. 5) The sign may only contain identification of the business or industrial park and/or identification of the businesses located within the business or industrial park. A minimum of thirty (30) percent of the monument sign area shall be dedicated to identifying the business or industrial park. No more than seventy (70) percent of the monument sign area shall be dedicated to identification of businesses located within the business or industrial park. A signage plan and agreement, subject to the approval of the City of Prior Lake, shall be entered into and recorded against the Property on which the sign will be located in the business or industrial park. The agreement shall detail: 1) how the monument sign area will be allocated to all property owners within the business or industrial park; and 2) how the monument sign area will be maintained. 6) The sign shall not exceed one-hundred fifty (150) square feet in total area. Maximum allowable signage shall be computed on the basis of one side of any double-faced sign. The sign shall not exceed fifteen (15) feet in height. Sign height shall be measured from ground grade elevation to the highest point of said sign. The sign shall have a minimum separation of two-hundred (200) lineal feet from any Freestanding Signs on the same side of the highway. The sign shall be set back from all street right-of-way lines a minimum of twenty (20) feet and shall be set back from all property lines a minimum of ten (10) feet. 4. Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated verbatim. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 12th day of December, 2016. ATTEST: Frank Boyles, City Manager Kenneth L. Hedberg, Mayor A summary of this ordinance will be published in the Prior Lake American on the 17th day of December, 2016. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-xxx A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 116-_____ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, WHEREAS, WHEREAS, In accordance with Minnesota Statute, the Planning Commission held a public hearing regarding amendments to Section 1107, General Performance Standards, of the Prior Lake City Code on November 21, 2016; and The City Council has considered the advice and recommendation of the Planning Commission, staff reports and others pertaining to the City Code amendments; and On December 12, 2016, the City Council adopted Ordinance 116-____ amending Section 1107 of the Prior Lake City Code relating to signage; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes allows the publication of 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 amendments to Section 1107 of the Prior Lake City Code related to signage and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. 116-____ is lengthy. 3. The text of summary of Ordinance No. 116-____, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after December 12, 2016. PASSED AND ADOPTED THIS 12th DAY OF DECEMBER, 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 2 Exhibit A SUMMARY ORDINANCE NO. 116-xx AN ORDINANCE AMENDING SECTION 1107, GENERAL PERFORMANCE STANDARDS, OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO SIGNAGE AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 116-____. The full text will available for public inspection after December 12, 2016 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance adds two sign definitions to Subsection 1107.501, Sign Definitions and adds Off-Premises Identification Signs to Subsection 1107.800, Permitted Signs; Sign Permit Required. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 12th Day of December, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Summary Ordinance to be published in the Prior Lake American on the 17th day of December, 2016. Zoning Ordinance City of Prior Lake June 1, 2009 1107/p1 SECTION 1107 GENERAL PERFORMANCE STANDARDS SUBSECTIONS 1107.100: Purpose and Intent 1107.200: Off-Street Parking Areas, Paved Areas and Loading Spaces 1107.300: Number of Required Off-Street Parking Space 1107.400: Signage 1107.500: Interpretation 1107.600: Exempt Signs 1107.700: Permitted Signs; No Sign Permit Required 1107.800: Permitted Signs; Sign Permit Required 1107.900: Permitted Sign Area; Business and Industrial Districts 1107.1000: Calculating Sign Area 1107.1100: Prohibited Signs 1107.1200: Sign Plan Requirements 1107.1300: Sign Permit Requirements 1107.1400: Maintenance 1107.1500: Lapse of Sign Permit 1107.1600: Removal of Signs 1107.1700: Remedies for Violation of the Sign Ordinance 1107.1800: Lighting 1107.1900: Landscaping and Screening 1107.2000: Bufferyards 1107.2100: Tree Preservation and Restoration 1107.2200: Architectural Design 1107.2300: Non-Conformities (Subsections 1107.100 – 1107.400, 1107.600, 1107.700 and 1107.900 – 1107.2300 were removed for purpose of this Zoning Ordinance review only) 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 Ordinance. 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-premises sign giving the name and/or address of the building or premises which is compliant with City Code addressing requirements. (Amd. Ord. 114-13, publ. 8/2/14) Advertising Sign. Any permanent non-governmental sign and sign structure, advertising products, services, commodities, entertainment or other activity. Zoning Ordinance City of Prior Lake June 1, 2009 1107/p2 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. Awning. A non-rigid hood or cover projecting from a building, which may be folded, collapsed, or retracted against the building. (Amd. Ord. 114-13, publ. 8/2/14) 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 on-premises, 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. (Amd. Ord. 114-13, publ. 8/2/14) 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-premises 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. (Amd. Ord. 114-13, publ. 8/2/14) 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 are manually changed or rearranged without altering the face or the surface of the sign. (Amd. Ord. 114-13, publ. 8/2/14) Community Park Event Sign. A temporary sign related to an activity or event permitted in a “Community Park,” as defined in the City’s Zoning Ordinance City of Prior Lake June 1, 2009 1107/p3 Comprehensive Plan. The temporary sign may only be displayed in the specific Community Park for fourteen (14) days prior to, and the duration of a specific event. (Amd. Ord. 114-13, publ. 8/2/14) Construction Sign. A sign giving the project name, name(s) of principal contractors, architects, and lending institutions responsible for construction on the 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. Also referred to as a Dynamic Display Sign, an Electronic Message sign is a sign which shows messages and graphics that are changed by electrical pulsations, other than public service signs. (Amd. Ord. 114-13, publ. 8/2/14) Employment Opportunity Sign. A temporary sign indicating employment opportunities. (Amd. Ord. 114-13, publ. 8/2/14) 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. (Amd. Ord. 114-13, publ. 8/2/14) Ground Monument Sign. A freestanding block-type sign structure in which the base of the sign structure is in contact with the ground, or a maximum of 12 inches above the ground adjacent to the sign, where the width of the base of the sign shall be at least eighty (80) percent of the width of the sign. (Amd. Ord. 114-13, publ. 8/2/14) Home Occupation Sign. A sign that advertises or describes products, goods or services at a private residential location. (Amd. Ord. 114-13, publ. 8/2/14) 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 Zoning Ordinance City of Prior Lake June 1, 2009 1107/p4 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 Sign. An on-premise sign which identifies the name and other characteristics of a public or semi-public institution. (Amd. Ord. 114-13, publ. 8/2/14) Lake Service Sign. An on-premises sign which identifies the name and other characteristics of a public or semi-public institution. Legal Non-Conforming Sign. Any sign that lawfully existed on or before August 21, 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-Premises Sign. A sign displayed by the owner of property or tenant used to communicate, express, convey or depict a message or viewpoint held by the owner of the property or a tenant. (Amd. Ord. 114-13, publ. 8/2/14) No Trespass Sign. A sign which is intended to notify the public that entry onto a person’s private land or property is prohibited without the property owner’s permission. (Amd. Ord. 114-13, publ. 8/2/14) Off-Premises, Advertising Sign. Any 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. (Amd. Ord. 114-13, publ. 8/2/14) Off-Premises, Identification Sign. A permanent identification sign used to identify the location of a business or industrial park along a designated county or state highway and may also include identification of individual businesses located within said business or industrial park. Off-Premises Identification Signs shall not be included with on-premises signs in determining the total number or size of signs permitted on any site. Off-Premises Temporary Directional Sign. A temporary sign that provides direction to a new residential development or a new facility housing a public or nonprofit organization. Zoning Ordinance City of Prior Lake June 1, 2009 1107/p5 (Amd. Ord. 114-13, publ. 8/2/14) Painted Wall Sign. A sign which has been painted directly onto a building wall, using the wall material as a base of the sign. 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 operations of the business. A sandwich board sign is not a “portable sign” for the purpose of this Ordinance. Projecting Sign. A 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. Pylon Sign. A freestanding sign with visible supporting posts or other foundational structure. Real Estate Sign. A temporary sign erected on private property for purposes of advertising the sale or lease of a particular building and/or property. (Amd. Ord. 114-13, publ. 8/2/14) Residential Name Plate Sign. A sign located on a residential premises, giving only the name or address, or both of the premises. (Amd. Ord. 114-13, publ. 8/2/14) 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-premises sign limited in duration of time and placed on a premises 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 Zoning Ordinance City of Prior Lake June 1, 2009 1107/p6 seasonally oriented sales, and signs advertising temporary agricultural commodity sales and transient merchants. (Amd. Ord. 114-13, publ. 8/2/14) 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-premises 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. (Amd. Ord. 114-13, publ. 8/2/14) 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 fundraiser, festival, bazaar, tournament or similar event. Streamer, Pennant Sign. 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. (Amd. Ord. 114-13, publ. 8/2/14) 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. Strings of Lights. Lights strung by wire, cord or similar means. (Amd. Ord. 114-13, publ. 8/2/14) Subdivision Identification Sign (SIS). An on-premises freestanding sign used to identify a residential subdivision, a Planned Unit Development, a commercial development, business center, or industrial park. (Amd. Ord. 114-13, publ. 8/2/14) Temporary Sign. A sign erected or displayed for a specified period of time and not permanently mounted. Traffic Interference Sign. Any sign 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 or may affect pedestrian or vehicular traffic visibility. (Amd. Ord. 114-13, publ. 8/2/14) Video Display Sign. A sign capable of displaying full-motion imagery of television quality or higher. Video display signs shall include images or messages projected onto buildings or other objects. (Amd. Ord. 114-13, publ. 8/2/14) Zoning Ordinance City of Prior Lake June 1, 2009 1107/p7 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 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-premises sale, by an occupant, of 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. (Amd. Ord. 114-13, publ. 8/2/14) 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 Awning signs Menu board signs Balloon signs Off -Premises, Identification Signs Banner signs Portable signs Business signs Projecting signs Changeable copy signs Public service signs Directional signs Sandwich board signs Electronic message signs Shopping center signs Freestanding signs Streamer, Pennant signs (noncommercial) Illuminated signs Street banner signs Institutional signs Subdivision identification signs Lake service signs Wall signs Marquee signs Zoning Ordinance City of Prior Lake June 1, 2009 1107/p8 1107.801 Awning Signs: 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. 1107.802 Balloon Sign: 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 three (3) permits per property be granted during any calendar year. The signs shall be set back no less than 10 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. 1107.803.1 Banner Signs: 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 Subsection. 1) 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. 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 “R” 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. 1107.804 Business Signs: 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. Zoning Ordinance City of Prior Lake June 1, 2009 1107/p9 1107.805 Changeable Copy Signs: In the “TC,” “C,” or “I” Use Districts, this applies t o 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. 1107.806 Directional Signs: An off-premises temporary directional sign may be permitted for the purpose of providing direction to a new residential project. The off-premises temporary directional sign may identify a residential development and development company but shall not include sale, lease or contact information. Such signs shall not exceed fifteen (15) square feet per sign face with a maximum height of six (6) feet and a maximum of two (2) sign faces per sign. The signs shall be set back no less than ten (10) 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. Such signs shall be removed within ten (10) days after completion of construction or the sale, lease or development of 90% of the property. No more than three such signs per residential project shall be allowed at one time. An on-premises directional sign may be permitted where one-way access and egress drives are approved, a sign indicating traffic direction with a maximum area of six (6) square feet may be placed at a driveway within five (5) feet of the street right of way. Such signs shall be no higher than four (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. 1107.807 Electronic Message Signs (Dynamic Display Sign): In the “TC,” “C,” and “I” Use Districts, one (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 following standards shall apply to image duration, transition, and other characteristics of signs with dynamic display. 1) Business and Public signs with dynamic display may either have stable text and/or stable images, or they may have scrolling text and/or scrolling images. Signs with dynamic display which contain stable text and/or stable images may not change their text or image more than once every ten (10) seconds. Signs with dynamic display which contain scrolling text and/or scrolling images may not scroll at a rate faster than one (1) word per second, where words contain an average of five (5) characters each. 2) For stable text and/or stable images, the transition from one static display to another must be direct and immediate without any special effects except for fading and dissolving that takes less than one (1) second. 3) Electronic message signs shall not emit sound. 4) Modes which cause the message or images to flash are prohibited. 5) Illumination and brightness. Signs with dynamic display shall be limited to 500 NITS from sunset to sunrise. These signs shall be limited to 7500 NITS from sunrise to sunset. Additionally, the sign shall not exceed a maximum illumination of 0.3 foot candles above ambient light level as measured from one hundred (100) feet from the sign’s face. All signs with dynamic display having illumination by means other than natural light must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign’s brightness to comply with this requirement. Zoning Ordinance City of Prior Lake June 1, 2009 1107/p10 6) No sign with dynamic display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, signal or the safety of the public, or located where it would do so as determined by the City Engineer. If there is a violation of the brightness standards, the adjustment must be made within one (1) business day upon notice of non- compliance from the city. 7) Malfunction. Signs with dynamic display must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Signs with dynamic display must also be equipped with a means to immediately discontinue the display if the sign malfunctions. The sign owner or operator must immediately turn off the display when notified by the city that it is not complying with the standards of this ordinance or when owner or operator has notice of the malfunction. 1107.808 Freestanding Signs: Freestanding signs are allowed, by permit, as regulated in Section 1107.902 of this Ordinance. 1107.809 Illuminated Signs: 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. 1107.810 Institutional Signs: 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 one (1) foot above the ground. Freestanding signs located in an “R” Use District may be no higher than ten (10) feet above the adjacent grade or center line grade of the adjacent street, whichever is higher. 1107.811 Lake Service Signs: 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 or adjacent residential or commercial properties. 1107.812 Marquee Signs: 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. 1107.813 Menu Board Signs: In the “TC” and “C” Use Districts, two (2) signs per drive-thru lane, equaling 32 square feet or smaller, may be permitted for businesses that Zoning Ordinance City of Prior Lake June 1, 2009 1107/p11 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. 1107.814 Portable Signs: A portable sign permit period shall not exceed 30 consecutive days. In no case shall more than three (3) permits per property be granted during any calendar year. The maximum area shall be 32 square feet, and the maximum height shall be six (6) feet. No sign shall be located within a traffic visibility area as defined in Subsection 1101.506. Portable signs shall be located on private property and 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. 1107.815 Projecting Signs: Projecting signs are only permitted in the “TC”, “C” and “I” Use Districts. Projecting signs located over public right of way shall be located a minimum of seven (7) feet above the natural grade level. The maximum size of a projecting sign is limited to twenty (20) square feet in area. Projecting signs and any support mechanism of the sign shall not project more than 60 inches out from the face of the building. 1107.816 Public Service Signs: 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. 1107.817 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 set out in this subsection. 2. Only one (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, and the placement location, including an accurate to-scale depiction of the sidewalk adjacent to the premises. 5. Sandwich board permits 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 property owner consents to the terms of a Public Property Use Permit Zoning Ordinance City of Prior Lake June 1, 2009 1107/p12 (“PPUP”) which 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. 1107.818 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 three (3) permits per property may be granted per calendar year. 1107.819 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 three (3) days after the public entertainment or event. 1107.820 Subdivision Identification Signs: Subdivision identification signs are freestanding, on-premises, 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 two (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. 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 two (2) signs, not to exceed 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 10 feet above the natural grade. In the Town Center, and Commercial and Industrial subdivisions with frontage along TH13, CSAH 42 and CSAH 21, one (1) freestanding subdivision sign may be located along the frontage of TH13, CSAH 42, or CSAH 21. In the TC, TC-T, C-1, C-2, and I-1 districts, the maximum height of the sign shall be 20 Zoning Ordinance City of Prior Lake June 1, 2009 1107/p13 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 I-1 districts, this sign shall not exceed 100 square feet in area per side with a maximum of two (2) sides. In the C-3 district, the sign shall not exceed 80 square feet per side, with a maximum of two (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 Wall Signs: Wall signs are allowed, by permit, as regulated in Section 1107.901 of this Ordinance. (Amd. Ord. 114-13, publ. 8/2/14, 1107.800-1107.821 in its entirety) 1107.822 Off-Premises Identification Signs: Off-premises identification signs shall be permitted in the C-3, Business Park and I-1, General Industrial Use Districts provided the requirements set out in this subsection are met. 1) No more than two (2) off-premises identification signs shall be permitted for each business or industrial park. Business and industrial parks are those properties that have been platted and developed as a business or industrial park as determined by the Zoning Administrator. Off-premises identification signs shall have a minimum separation of five-hundred (500) lineal feet from any other off-premises identification sign on the same side of the highway. 2) The sign shall be located only on a Property which is part of the business or industrial park with written permission of the Property owner. The sign may be located on a Property abutting the business or industrial park only with written permission of the Property owner and written approval of the Zoning Administrator. 3) The sign shall be allowed only on Property abutting county or state highways. 4) The sign shall be constructed as a Ground Monument Sign; Pylon Signs shall not be permitted. 5) The sign may only contain identification of the business or industrial park and/or identification of the businesses located within the business or industrial park. A minimum of thirty (30) percent of the monument sign area shall be dedicated to identifying the business or industrial park. No more than seventy (70) percent of the monument sign area shall be dedicated to identification of businesses located within the business or industrial park. A signage plan and agreement, subject to the approval of the City of Prior Lake, shall be entered into and recorded against the Property on which the sign will be located in the business or industrial park. The agreement shall detail: 1) how the monument sign area will be allocated to all property owners within t he business or industrial park; and 2) how the monument sign area will be maintained. Zoning Ordinance City of Prior Lake June 1, 2009 1107/p14 6) The sign shall not exceed one-hundred fifty (150) square feet in total area. Maximum allowable signage shall be computed on the basis of one side of any double-faced sign. The sign shall not exceed fifteen (15) feet in height. Sign height shall be measured from ground grade elevation to the highest point of said sign. The sign shall have a minimum separation of two-hundred (200) lineal feet from any Freestanding Signs on the same side of the highway. The sign shall be set back from all street right-of-way lines a minimum of twenty (20) feet and shall be set back from all property lines a minimum of ten (10) feet.