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HomeMy WebLinkAbout07-26-10 PC Agenda PacketREGULAR PLANNING COMMISSION AGENDA MONDAY, JULY 26, 2010 City Council Chambers 6:00 p.m. 1. Call Meeting to Order: 2. Approval of Minutes: A. July 12, 2010 3. Public Hearings: A. Zoning Ordinance Amendment to Sections 1107.400-1107.1700 and Section 1102.809(5). The Amendments are related to an update of the City of Prior Lake Sign Ordinance. 4. Old Business: 5. New Business: 6. Announcements and Correspondence: 7. Adjournment: C:~D000menfs end Se[tings\jsorflend~DeslAcp~012610 Agendedoc Planning Commission Meeting Minutes July 12, 2010 PLANNING COMMISSION MINUTES MONDAY, JULY 12, 2010 Call to Order: Chairman Ringstad called the July 12, 2010, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Perez, Billington, Fleming and Ringstad, Community Development and Natural Resources Director Danette Parr and Planner Jeff Matzke. Commissioner Howley was absent. 2. Approval of Minutes: The Minutes from the April 12, 2010, Planning Commission meeting were approved as presented. 3. Public Hearing: A. ZONING ORDINANCE AMENDMENT TO SECTION 1101.510(6) Planner Jeff Matzke presented the proposed amendment of Section 1101.510(6), a request to amend the Ordinance to allow for an increase in the number of days permitted for the temporary sale of agricultural commodities from 45 days to 75 days. An additional proposed amendment would limit the temporary sale of agricultural commodities to Agricultural, Commercial and Industrial zoning districts. A MOTION WAS MADE BY FLEMING AND SECONDED BY PEREZ TO OPEN PUBLIC HEARING. VOTE: Ayes by Perez, Billington, Fleming and Ringstad. The motion carried. The Public Hearing began at 6:08 p.m. No public comments. A MOTION WAS MADE BY FLEMING AND SECONDED BY PEREZ TO CLOSE PUBLIC HEARING. VOTE: Ayes by Perez, Billington, Fleming and Ringstad. The motion carried. The public hearing closed at 6:08 p.m. Commissioner Comments and Questions: Perez asked if people from the community are hired to work at the Sever's Farm Market locations. Nicola Peterson, of Sever's Farm Market, 15900 Flying Cloud Drive, Eden Prairie, answered that Sever's Farm Market prefers to hire people from the community and the southwest metro area, which increases familiarity with their customers. Billington asked if there have been any public safety problems, such as pedestrian or traffic issues, with the sale of agricultural commodities. Peterson answered that they have not had any public safety issues, but they are insured for over $1,000,000 in liability insurance. L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN071210.doc Planning Commission Meeting Minutes July 12, 2010 Billington asked what measures Sever's Farm Market takes to promote a safe pedestrian and traffic environment. Peterson answered that Sever's Farm Market chooses locations with sufficient parking as well as abundant driving space. Fleming asked why 75 days was requested instead of 90 days. Peterson answered that the farming season, demand and weather circumstances typically only require Sever's Farm Market to operate from approximately the end of June to the end of August. Perez stated he will approve the amendment. Billington asked Planner Jeff Matzke if the City will be involved in receiving liability insurance for the proposed markets. Matzke said that the City will not be involved in receiving liability insurance due to the proposed locations being located on private property. If the market was placed on public property receiving liability insurance would be necessary. Billington stated that he will support the amendment. Fleming stated that he will support the amendment. Ringstad stated that he will support the amendment. A MOTION WAS MADE BY FLEMING AND SECONDED BY BILLINGTON TO APPROVE THE ZONING ORDINANCE AMENDMENT TO SECTION 1101.510(6). VOTE: Ayes by Perez, Billington, Fleming and Ringstad. The motion carried. 4. Old Business: None. 5. New Business: None. 6. Announcements and Correspondence: Parr informed the Planning Commission that the Planning Commission will be hosting a public hearing regarding amendments to the sign ordinance on July 26th, 2010. Parr stated that there will be a public hearing to discuss the C-2 liquor ordinance in regards to restaurants, clubs and lodges in August, 2010. Parr stated that greening the ordinance will be discussed in August, 2010. Perez asked if the City Attorney will be present for the July 26th, 2010 public hearing. Parr answered that there will be a representative from the City Attorney's office at the public hearing. L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN071210.doc Planning Commission Meeting Minutes July 12, 2010 Adjournment: The meeting adjourned at 6:17 p.m. Joe Sortland, Development Services Assistant L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN071210.doc PLANNING REPORT AGENDA ITEM: SA SUBJECT: CONSIDER AMENDMENTS TO SECTIONS 1107.100- 1107.1700 AND SECTION 1102.809(5) OF THE ZONING ORDINANCE RELATED TO SIGNAGE PRESENTER: DANETTE M. PARR, COMMUNITY DEVELOPMENT AND NATURAL RESOURCES DIRECTOR PUBLIC HEARING: X YES NO-N/A DATE: JULY 26, 2010 INTRODUCTION: The Zoning Code Amendments proposed as part of this report include the areas of the Code related to signage. Specifically, Sections 1107.100 through 1107.1700 and Section 1102.809(5), which are attached. The Planning Commission public hearing should relate exclusively to these Sections. BACKGROUND: In late 2009 the City Council directed staff to update the City Sign Ordinance. In anticipation of amending the Ordinance, City staff did the following: • Researched how other communities regulate signage. • Researched how signs have evolved in respect to technology. • Spoke with sign company representatives to determine current trends in signage. • Worked with the City Attorney to evaluate current case law and areas the City would benefit from addressing further in the Ordinance. • Visited commercial districts in other communities. • Met with MnDOT and Scott County staff to determine if any additional signage would be allowed in the State and County public right-of--way. • Met with local business owners to discuss their needs in relation to signage. • Spoke to citizens regarding their impressions of how the City currently regulates signage throughout the City. • Sought input via the City website, Twitter, Facebook, email blasts, and articles in the Prior Lake American. c:Adowments and settings\jsortlandAdesl~opA072610pc reportdoc Page 1 • Met with the Prior Lake Economic Development Advisory Committee, City Council and Planning Commission to discuss areas of greatest concern. PROPOSED AMENDMENTS: While trying to balance the many competing interests that exist in relation to regulating, permitting, and enforcing signs, staff focused on creating a document that would do the following: • Offer choices to local business owners and community groups • Allow for consistent enforcement • Be understandable by those that use the document • Addresses changes in technology and case law • Maintain aesthetic qualities appropriate for all Zoning Districts in Prior Lake • Encourage maintenance of signage • Be viewed by the general public as reasonable. • Entail modest cost to the City and licensee Many of the proposed amendments may not appear substantive in nature. However, there are some key areas the Planning Commission may want to more closely consider, related to the following: Section 1107: Findings • As a result of recent case law, the amended language provides an expansion of the Purpose and Intent of the Ordinance, as well as specific Findings. Section 1107.501 -Sign Definitions A significant aspect of providing clarity in relation to regulating signs involves having definitions that are understandable. For that reason the following definitions were expanded on or added: • The following sign types had their definitions expanded on: o Address Sign o Animated Sign o Banner Sign o Legal Non-Conforming Sign o Portable Sign o Public Sign o Window Sign o Yard Sale Sign • The following sign types had definitions added in order to address changes in technology, how signs are utilized in Prior Lake, or to further clarify a sign type: o Community Park Event Sign o Off-Premise, Advertising Sign o Off-Premise, Temporary Directional Sign c:Adowments and settings\jsortlandAdesl~opA072610pc reportdoc Page 2 o On-Premise Advertising Sign o Residential Name Plate Sign o Sandwich Board Sign o Seasonal Sign o Special Event Sign o Subdivision Identification Sign o Wetland Buffer-yard Sign Section 1107.700 -Permitted Signs (not needing a permit) • Community Park Event Signs: Language was added to regulate signage for events held in the Community Parks (as defined by the City Comprehensive Plan). The nature of the Community Parks (Lakefront, The Ponds, Thomas Ryan Memorial Park, Sand Point Beach, Memorial Park, and Spring Lake Park) lend themselves to be used for major citywide or regional wide events and may call for increased signage for the specific event. Section 1107.800 Permitted Signs (needing a permit) • Banner Suns: Revised language was added that allows for a limited expansion of banner signs. The proposed language allows each principal building to have one banner sign for specific events such as sales, short term specials, grand openings, and events limited in duration. The amended language also allows civic organizations, non-profit organizations, governmental entities, or semi- public organizations to utilize banner space for up to 30 days prior to a special event. While banners may be allowed more frequently, staff is proposing that banners no longer be allowed to exist on poles and they must instead be affixed to the principal building (an exception may be made for marinas, churches, and schools that exist in residential areas and where another structure can be utilized in order to allow the banner to be further concealed from adjacent residential views). • Sandwich Board Signs: The proposed language allows TC, C, and I Use Districts to utilize sandwich board signs under specific criteria that is site specific. Staff is also proposing that building owners and business tenants be able to allow civic organizations, non-profit organizations, governmental entities, or semi- public organizations to utilize sandwich board sign space for up to 30 days prior to a special event. Section 1107.1300 Sign Permit Requirements The amended language clarifies what is needed in order to have a sign permit issued. The majority of changes in this Section involve language stating what is required for the permitting of a banner or sandwich board sign. c:Adowments and settings\jsortlandAdesl~opA072610pc reportdoc Page 3 Section 1102.809 -Design Standards in the "TC" Town Center District (Downtown) In order to assure that our "TC" Use District is not at a competitive disadvantage to those of other downtowns, staff is proposing to increase the number and size of permitted signs. Staff believes this will allow for increased creativity related to projecting signs, awning signs, and other signs that are indicative of a traditional downtown environment. Section 1101.400 -General Zoning Ordinance De£mitions The following terms are not proposed to be part of the Sign Definitions; however, the amended sign language requires that the following general zoning definitions be added to Section 1101.400 of the Zoning Ordinance: • Principal Building • Property Owner • Sign Plan • Special Event It's noteworthy that while staff attempted to consider how all desired Signage could be incorporated in the Ordinance, for a number of different reasons, the following types of signs were intentionally not incorporated: • Home Owner Association (HOA) Signage • Off-Premise Advertising Signage • Special Event Signage on residential sites • Home Occupation Signage ALTERNATIVES: 1. Recommend approval of the proposed Zoning Ordinance amendments related to Signage, as highlighted in the preceding staff report and detailed in the attached documents. 2. Recommend specific modifications to the Zoning Ordinance amendments related to Signage, as highlighted in the preceding staff report and detailed in the attached documents. 3. Continue this item to a future meeting (date specific), and provide staff with direction on the issues that have been discussed. 1. Proposed Amendment Language c:Adowments and settings\jsortlandAdesl~opA072610pc reportdoc Page 4 1107.400: SIGNAGE. Findings, Purpose, and Intent. Findings. The size, height, location, illumination, distance between, and proliferation of signs in the City raise constitutional and regulatory challenges for the City. Signs are one means used to communicate non- commercial and commercial speech and messages, and therefore are protected under the First and Fourteenth Amendments to the U.S. Constitution. However, the size, height, location, illumination, and distance between signs creates: hazards by distracting drivers' attention from the road; can be an eyesore and impact aesthetics, property values, and civic pride; and may impact morals. The City Council finds that it preserve and protect the p~ aesthetic qualities and charm was written to protect the City nd substantial interest to safety, and preserve the he City. This Ordinance The City Council promoting and p residents and ma City. While the substantial, it al: id substantial interest in ~, safety, and morals of aesthetic integrity of the in regulating signs are endment is one of the and that they have sworn [First Amendment] of the once are intended to: (1 }Advance the City's and (2) "Is not more extensive than is interests[s]." The individual provisions are /or commercial speech over non-commercial. each provision was evaluated to assure that on the means of speech. The City Council finds that the regulations in this subsection vary depending on the Use District where the subject sign will be located. The City Council finds that the essential characteristics, and activities and character are different among the "TC", "C", "I" and "R" Use Districts. There are substantial differences between a private residence in the "R" Use District and a manufacturing facility in the "I" Use District and these differences support the varying regulations between Use Districts. The City Council finds that the regulation of signs imposed in this Sign ordinance were evaluated to ensure alternative means, methods and forums of communication exist to communicate speakers' message foreclosed by these sign regulations. These regulations are necessary to achieve the City's legitimate and substantial interests. Without these 1 regulations the City will be unable to protect and preserve the public health, welfare, safety, and aesthetic qualities in and of the City. 1107 1107.501 Purpose. The purposes of these sign regulations are to further promote and protect the following substantial government interests: 1) to e~cage the effective use of signs as a means of promotion and communication in Prior Lake; 2} +^ r„~ir.+~i^ ~^~, onh~r.ne the aesthetic environment and the City's ability to attract sources of economic development and growth; 3} fe-inv~ pedestrian and traffic safety; 4) to m,,,„~~t~h~~s,",~ potential for the adverse effect of signs on nearby public and private property; and 5) te-e-na-ale-tJ~e fair and consistent means ~~a-}~ to enforce these sign restrictions. 6} the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety, general welfare, and property values; 7} assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs. the use of capital Sign Address Sign. An on-premise sign giving the name and/or address of the building or premises , yi+hr,r in inrri++e r, nr r.~ ~merinol fnrm which is compliant with City Code addressing requirements. Adverfising Sign. Any permanent non-governmental sign and sign structure, advertising products, services, commodities, entertainment 2 or other activity. Athletic Field Sign. Any advertising sign located on the interior- facing of athletic field fences or scoreboard of a City athletic field in accordance with City policy. Animated Sign. Any sign that uses movement or changes in of lighting to depict action or create a special effect or scene. Signs with visible moving, rotating parts, or other visible mechanical movement are animated signs. Awning. Anon-rigid he may can be folded, colla Balloon Sign. A tempo to a balloon which is sec in a manner that doe atmosphere. Balloon Sign, Tetherec or secured to a balloon other device, allowing it 1 Banner Sian. Anv t ry sign which is prin red to a permanent not allow it to r from a building, which nst the building. nted or attached re or the ground bout within the A temporary sign which is printed, painted, hich is attached to a rope, chain, string or move about within the atmosphere. commercial sign of sing characters, letters, illustrations, or to paper, plastic, ar lightweight fabric of any its, goads and/or services sold or provided on event, which is hung either with or without frames and is building. National flags, state or municipal ~ of any institution or business shall not be any light with one ar more beams, that is capable of g I• automatically or being directed into the atmosphere or one or more paints not an the same lot as the light source. Bench Sign. A sign attached to or painted on a bench for seating. Billboard Sign. An off-premise ~i~bear~; poster panel board, painted bulletin board or other communicative device which is used to advertise {ea~d} products, goods and/or services, any part of which are not sold, produced, assembled, manufactured, furnished or 3 otherwise related to activities conducted on the property where the e~ w#i~#sus#~ sign is located. Building Marker. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete, or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure. Business Sign. A sign that goods, assembled, manufactured located an the premises e-~ or describes r°~,+;nry .n ,+~ products, activities sold, produced, otherwise available at or Construction Sign. A sign giving the project name, name{s} of principal contractors, architects, and lending institutions responsible for construction on the e~ 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. 4 Electronic Message Sign. A sign which shows messages and graphics that are changed by electrical pulsations, other than public service signs. Flashing Sign. An illuminated sign on which the artificial light is not maintained constant in intensity and color at all times in which such sign is in use or any sign which by mechanical means appears to simulate a flashing sign. Freestanding Sign. And on-pr supports that are placed on; or independent from any building c sign which identifies the name or semi-public institution. ewe Sign. Signs accessary to uses which depend on by watercraft. Legal Non-Conforming Sign. Any ~~'~~°~~~~^^ c~ri in~i arc ~r sign that ~v#isfa-was lawfully existed on or before August , 2010, the effective date of this Ordinance, and any amendments thereto, but that ~ fails to conform to all applicable regulations and restrictions of this Ordinance. placed supported by structures or in the ground and that are cture. structure not supported n the ground. which has characters, letters, design or ~I light directed to or from the interior of 5 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 adrive-thru facility. Off-Premise, Adverfising Sign. Any permanent non-governmental On-Premise, Advertising Sign. Any permanent non-governmental sign and sign structure, advertising products, services, commodities, and entertainment, located on the premises where the sign is has been painted directly auto a as a base of the sign. Pennant. Any lightweight plastic, fabric or other material, suspended from a rape, wire, or string, or other material, usually in series, designed to move in the wind. Portable Sign. Any temporary sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to, signs designed to be transported by means of wheels, ~;^^^ ^^r,~,°~°~' +^ o nr T fr~m°c and signs attached to or painted on vehicles. A sandwich board sign is not a "portable sign" for the purpose of this Ordinance. Projecfing Sign. A~ sign other than a wall sign affixed to any building or wall where the leading edge extends beyond the building or wall. 6 Public Service Sign. A sign that displays time, weather, stock market data or public information and does not ot~ie; t#a-ri advertise+eg#e-r 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. n~~ ^~ ~"'~^ ^^t+s~ a°~,-b~-a„ Real Esfafe Sic purposes of ac and/or property. premise, givi porary sign erected on private property for ~e sale or lease of a particular building located on a residential ss, or both of the premises. A sign erected upon or above a roof or parapet of a rove the eaves in the case of a hip, gable or mansard ~e plane of the roof is less than 60 degrees from the revolves or rotates an its axis by Sandwich Board Sign. A sandwich board sign, sometimes referred Seasonal Sign. A temporary an-premise sign limited in duration of time and placed on a premise for a specific purpose that is not part of a business' ongoing activity. Seasonal signs include, but are not limited to Christmas tree and wreath "For Sale" signs, farmers market signs, similar seasonally oriented sales, and signs advertising temporary agricultural commodity sales and transient merchants. to as a sidewalk sign, is a freestanding, two-sided "A" frame type sign ar 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 goads provided by the business where the sign is located. Semi-Public Use. A use owned or operated by anon-profit, religious or charity dependent institution and providing educational, cultural, recreational, religious or similar types of public programs and activites. Shopping Cenfer Sign. A freestanding on-premise sign identifying a shopping complex that contains at least one major tenant (such as a grocery or department store} and secondary tenants. A lineal strip center is not considered a shopping complex for the purpose of this Ordinance. Snipe Sign. Sign{s} of any material whatsoever that are +s painted on or attached to, in any manner, ~g a utility pole, tree, rock or any object located or situated on public or private property. Special Evenf 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. Any sign attached parallel to a wall, or which projects less ches from the surface at all points of the building or nd which displays only one sign surface. Wefland Buffetyard 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. deed A window sign is used to communicate information about an activity, s business, commodity, event, sale, or service. nr nlocc inrhinh is ~ricihle frnm rho cv~crinr of ~hc hi iiLJinr~ 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. y sign display advertising the ofr~ his or her r.romiccc of household rummage, used he exchange or sale of rtv or within the residence or 1107.700: PER 1 0 Subse lic d Sig SIGNS; NO SIGN PERMIT REQUIRED: The signs identified in Table subsection are permitted and do not require sign permits. :heir size, area and number are regulated by the provisions of is 1107.701 through 1107.78511. 9 TABLE 1 NO SIGN PERMIT REQUIRED Address signs Di ihlin rirYh+_n£snro~~ cir~nc Building markers Real estate signs Community Park event sign Residential nameplate Election signs Seasonal signs No trespass signs Yard sale signs Public Signs Wetland buffer signs 1107.701 Address Sian: An address si Gated on a home or business near the luare feet in area. Address signs shall ay area allowed under Subsection sign not to exceed 4 square feet ~t~ 1107.7045 No Trespass Signs: "No trespass" and "No dumping" signs not exceeding 2 square feet in area per side and not exceeding 4 in number, per lot, are permitted in the "R", "TC" "C" and "I" Use Districts aye mod. In "A" Use Districts, such signs shall not be less than 300 feet apart. io 1107.7066 1107.7067 1107.708 1107. 1107.71 1107.711 Public ~iq~-e#-W,a-~t 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 past legal notices, identify public property, convey public information, irlon+ifi~ ~ nnmmi ~ni+„ few+i„~I „r e.,en+ and direct pedestrian or vehicular traffic; informational signs of a public utility regarding its poles, lines, pipes, or facilities; emergency signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right of way, mail boxes and newspaper receptacles. n, up to 2 square feet shall be permitted for re permitted and may be displayed 7 moved immediately after the end of s: Wetland buffer yard signs shall not be consent of the regulating agency responsible ~r,+ Window Signs: A business may tnrhirh is nor+ of ~ rlicnl~.r of mcrrh~nr~licc nr display one or more window signs, provided the total sign area does not exceed mare than ~e-Eat+~s c~lcc nn r~rc icac i~~ rmi~t~~, inh ciyn chill nn+ nnni into mnrc ti-tt~-rT vn~-vrr c~l~~ cm~r ri-~~uirrtv 75% of the total window area. 1107.8aa: PERMITTED SIGNS; SIGN PERMIT REQUIRED: The signs identified in Table 2 are permitted, provided a sign permit is obtained from the City and complies with the size, area, and number as reglulated by the provisons of may be placed per street ~perty to be sold or leased. ~raperty line or right-of--way estate signs shall have the the property. Such signs :,losing of the lease/sale or such sign shall not exceed ~~ Subsections 1107.801 through 1107.1004. A brief description of the signs and display guidelines follow Table 2. The signs identified in Table 1 of this subsection are permitted and do not require sign permits. However, their size, area and number are regulated by the provisions of Subsections 1107.701 through 1107.711. TABLE 2 SIGNS THAT REQUIRE A SIGN PERMIT Awning signs Menu Board signs Balloon signs On-premises Directional signs Banner signs Off-Premises Temporary Directional signs Business signs Portable signs Changeable copy signs Public service signs Construction signs Sandwich Board signs Illuminated signs Streamers, Pennants (noncommercial} Institutional signs Street Banner signs Lake Service signs Subdivision Identification signs Marquee signs Temporary signs 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 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 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 na case shall balloon signs take up required off-street parking spaces. 1107.803 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 12 regulations, conditions and limitations of this subsection, Churches, schools, and marinas located in an "R" use District may obtain a banner permit subject to the requirements and conditions in this Subsections. ~~r~~ll he nn mnra hors '~ t~Tmv~nron~ h~nncr ci`vnc nn oe-~ti nrnr~a~~ 3} 4) iit shall be issued for one specified principal building, which shall be ised for advertising an occasion relating or provided on the property or to inform ~cial event. Banner signs may be used specials, sales events, or special events similar event approved by the Zoning lace of permanent signage. ied by multiple tenants is which the tenants will rotate d to the wall of the 's, and schools may display a banner in the "R" the conditions set out in this subsection. The gall have full discretion to permit the banner to srmanent structure that is not classified as the icularly in cases where the alternative location banner from the view of adjacent residential 9} The owner or tenant of a building with a sign permit may allow 1107.804 Business Signs: Ina "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. 1) One banner sign may be displayed per property. 2) The total area of the easy banner sign shall not exceed 32 square feet, regardless of the size of the building. A h~e~~,~ 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. 13 1107.805 Changeable Copy Signs: In the "TC" T^~^~^ ~°^+°r a~ "C"^~~;~ or "I"^~'„~;~+~ Use Districts, this applies to permanent wall or freestanding signs and does not include portable r°pe signs. Changeable copy signs will be considered as part of the total wall ar freestanding sign area allotted to a property. 1107.810 Marquee Signs: In the "Taw~C"e-r~r, ate "C"ommercial or "I"~~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, 14 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 tap of the roof line for a covered walk or above the top of the vertical face of the marquee, whichever is mare 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. 1107.811 Multiple Residential Nameplate Signs: In the "R-2" and "R-3" Use Districts, 1 nameplate sign for each dwelling group of 6 or more units is permitted. Such nameplate sign shall not exceed 6 square feet in area per surface, and no sign shall have more than 2 surfaces. 1107.812 On-Premises Directional Si drives are approved, a sign area of 6 square feet may k street right of way. Such sic center line of the adjacent entrance to a two-way drive Zoning Administrator or desi drivers. licating traffic dire placed at a drivew~ shall be no higher nal d or ee deems it is necessary to safely direct 1107.813 Portable Siqns: A portable sign permit period shall not exceed 30 consecutive days. In no case shall mare than 3 permits per property be granted during any calendar year. The maximum area shall be 32 square feet, and the maximum height shall be 6 feet. The required setback is the same as the building setback in the Use District. Portable signs shall not be displayed off the premises of the business that the sign is intended to advertise, with the exception of signs advertising public and charitable functions approved by the City. Portable signs may not be used in `'= conjunction with temporary signs as provided in this subsection. Portable advertising signs that are attached to or painted on the vehicles parked and visible from the public right of way are permitted only if the vehicle is licensed and operable and is used by the business or by an employee of the business for transportation. In no case shall a portable sign take up required off-street parking spaces. 1107.814 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. is 2) 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 (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. A Special Event Sign may be displayed for 30 days prior to the Special Event. The permit holder must have the Special Event Sign removed at the conclusion of the event. B. The proliferation of Sandwich Boards or the failure of a business owner to restrict the display of the sign to the location designated in their application fora sign permit (See Section 1107.814 {A} {4) above} 16 presents a foreseeable risk to the public safety and welfare by: (1 } impairing the convenient, unobstructed and safe passage of pedestrian traffic along a sidewalk and (2} by distracting motorists who divert their sight from the road to read a Sandwich Board. Sandwich Boards also present the risk of impairing and interfering with the aesthetic qualities of the "TC" by creating visual clutter that distracts from the Streetscape Project that was installed with public funding. Sandwich boards have the potential of being an eyesore and distracting from the goals for the "TC" use District set out in the 2030 Vision and Strategic Plan. The City Council finds that protecting public safety and becoming an eyesore are su Sandwich Boards in the City, the risks will materialize. There the "TC", "C" and "I" Use Distri For the reasons stated abo~ allowing Sandwich Boards, sh further action of the City Coun finds that Sandwich Boards have not been a risk to the public safety and welfare, and have not had a negative impact on aesthetics in the "TC" Use District" it may rescind subsection 1107.814 with the same formalities it was adopted. 1107.8145 Streamers, Pennants {noncommercial: Temporary streamers and pennants for noncommercial, public and semi-public uses may be erected for a period of not more than 14 consecutive days. A maximum of 3 permits per property may be granted per calendar year. 1107.8166 Street Banner: Street banners are permitted in the Town Center, and Commercial ar Industrial Use Districts for locations authorized by the City Engineer. Such signs may be displayed 14 days prior to and 3 days after the qublic entertainment or event. 1107.8167 Subdivision are freestandi "I" and "R" U Planned Unit I industrial park Identification Signs {SISI: Subdivision identification signs ng, on-premise, permanent signs permitted in the "TC", "C", se Districts and used to identify a residential subdivision, a ?evelopment, a commercial development, business center, or 1) Residential Districts. Freestanding signs indicating the name of a residential subdivision, or PUD neighborhood with a residential component are permitted for the n hhnrhnn.J~ nr h~S~°c-rr'rte-~ chill he r,crmi++cr! f.,r+hc purpose of permanent identification. At each principal entrance to such an area, a maximum of 2 signs, not to 17 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 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. c is rm ivS~' n ^ ~n ~ r ~ Li G a r~ e~se F~}e~S ~ Fi' I i~° urr v tttl. cn'rr ~ nrnuirlcrJ fnr rho ~nnrnuorJ cir~nc tLtt ~- '~' 'tC ' - r uT c nn ~hc nrnnor~v nr nrnncrFicc inrhoro rho r 11f17 52'17 Tnrr~r~r~r~r~- Cinr~c• T c chill he ~Iln~u°~ ~ Tn~nrn f on~cr -r v~riun--e~c ~crni~l ~nr! In.Jiic•ri~el I Ice Ilic~rin~c ~mvro- r -urrvav ~v~v~-rvcrrccr fnr normi~f'c.J hiicinccccc ~n.-1 ~v-r~crmrccca~ u~rrra~vc~'~nu f i[4 1107.818 Electronic Message Signs: In the Tn,~Qe~te-~~°r^~~-~-aT,a "TC", "C", and "I" Use Districts, 1 electronic message sign may be permitted per property subject to the size and area requirements identified in Subsection 1107.902 for freestanding signs. ~'°~; ~r~ An electronic message sign is a sign that displays ~^ ~^+,~-~~ to-~h-sw 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 property. 1107.820 off-Premises Temporary Directional Signs: An off-premises, temporary directional sign may be permitted for the purpose of providing off-street direction to a new residential project ar a new public, religious or nonprofit institution within the 12 months following issuance of the occupancy permit. Such a sign shall not exceed 25 square feet per face with a maximum of 2 faces, and shall conform to the yard setback requirements of the Use District in which it is located. The sign permit shall be limited to a 1 year period. 1107.821 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. 19 1107.822 Strings of Lights: Lights strung by wire, cord or similar means, other than temporary holiday lighting, shall only be allowed in the "TC" or "C" t~ ('en+cr ~nrl /~nmmorni~l Use Districts. No flashing or blinking lights shall be permitted. 1107.940: PERMITTED SIGN AREA; BUSINESS AND INDUSTRIAL DISTRICTS: The signs 1107.902 Freestanding Signs: Within the "TC", "C", and "I" Tn~n~n ('an+cr ~nrl P''nmmorniol ~r,.~ ~n~,,,~+ri~~ Use Districts, 1 freestanding sign is permitted per street frontage. In the "C-3" Use Districts, the maximum height shall be 6 feet above the natural grade adjacent to the sign. In the "TC", "C-1 ", "C-2", and "I-1" Use Districts, the maximum height of the sign shall be 20 feet and shall be measured perpendicularly from the highest point of the sign structure to the grade level of the ground directly below that paint or the grade level of the center line of the adjacent street, whichever grade level is higher. Except in the "C-3" Use Districts, the maximum size of a freestanding sign shall be 100 square feet per side within a maximum of 2 ao 1107.1000: "A" L~2G~ST f~IOR.IZONTAL w~pTH o V I ~ d V m ~ I I ~ I I w ~ F m ~ ~ i L----------- -- I i I -------~ ~ ~ 1107.1001 Individual Letters: When attached to the surface of a building, canopy, awning, wall or window, the sign area shall be calculated as that part of the smallest rectangle or other geometric shape that encompasses all of the letters or symbols. The sign area shall include all lettering, wording, and accompanying designs or symbols. 1107.1002 Multi-Faced 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 any one point. When 2 identical sign faces are placed back to back, 21 so that neither be## faces canes be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. 1107.1003 Computation of Maximum Total Permitted Sign Area: The amount of signage allowed an one property is calculated based on the sum of the sign area of each individual sign. The allowable sign „orr,-,~++o.~ ~~ ~r,,, of +ho area forf all individual signs an a property shall be computed by applying the formula contained in Subsections 1107.900 and 1107.1000. Properties fronting on 2 or more streets are allowed the permitted sign area for each street frontage. 1107.1004 Setbacks: Unless noted otherwise in relation to a specific Zoning District or sign type, all signage shall maintain setback of 10 feet from any property line. 1107.1100 PROHIBITED SIGN subsection, the fo ^+"~^^,~s provided in this the TC District. 1107.1200: erectea nos Administrator information f compliance ~ shall include: JIENTS: No sign permit shall be issued until a Ssign property and/or building on which the sign will be submitted to the City and approved by the Zoning purpose of the Ssign Plan is to provide accurate City to determine whether the proposed sign is in requirements of this Ordinance. The Ssign Plan ~1) An application for a Subdivision Sign shall contain a certified asslYl'QtC copy of the plat approved by the City Council or a certified survey of the property that the Subdivision Sign will identify. The Zoning Administrator may also require the applicant to locate lot corners on the site to verify the sign location. All permanent freestanding sign applications shall provide a survey that reflects all private and public easements on the property. 22 (2} Area calculations for each exterior elevation of the building, total building area, and the proposed location of signs on each exterior wall elevation. (3} An accurate indication on the survey or plat plan of the location, area, and dimensions of each existing wall and freestanding sign and proposed future sign of any type, whether requiring a permit or not. (4} Lettering or graphic style, lighting, location of each sign on the building, materials the sign will be constructed of, and sign proportions. (5} A duplicate copy of the sign information t#af the property owner will provide to all tenants with the approved plan. (6} Plans, specifications, and method of construction or attachment to the building or in the ground, including all dimensions, showing all light sources, wattage, type and color lights, aid details, and the manufacturers specifications for the lighting fixture and s# any light shield or shades that will be used. 1107.1300: 1107.1 SIGN PER provision: relocated Administr signs on wired by cases wh BANNER permit is valid December 31 St will not If a banner permit is issued for amulti-tenant building, the property owner shall allocate the time among the tenants to display the banner for the specific purposes as provided within this Ordinance. An owner or tenant wha has obtained a Banner Permit may allow their banner space to be used to promote a Special Event, as defined in this Ordinance. The property owner and/or tenant shall be responsible for JDWICH BOARD SIGNS. Permits for banners and is are issued annually. A banner or sandwich board ne year commencing on January 1St and expiring on he year of issuance. An applicant may apply for a board permit at any time during the year, but the fee 23 making sure the banner is not displayed more than 30 days prior to the Special Event and removed at the conclusion of the Special Event. 1107.1302 Application: Application far a sign permit shall be made in writing on the forms furnished by the City. The application shall contain the following information: 1107.1400: MAINTENANCE: All signs shall be maintained in a safe, presentable and sound structural condition at all times. Maintenance shall include painting, repainting, cleaning, replacement or repair of defective parts and the like. Any sign which the City finds is in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the property on which the sign is located. 1107.1x00: LAPSE OF SIGN PERMIT: A sign permit shall lapse automatically if the business related to the sign is discontinued for a period of one year. If the sign is not removed or a new permit for a sign allowed by this subsection 24 has not been issued within thirty (30} days of notice of permit expiration, the City may have the sign removed and assess costs back to the property as provided by Minnesota Statutes, Chapter 429. 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. of violation will be sent by certified mail to the property owner and, licable, to the person to whom the permit is issued. 1107.816 REMEDIES FOR VIOLATIONS OF THE SIGN ORDINANCE. The remedies available to the CITY set out in Minnesota Statute Section 462 are cumulative and the CITY's election to pursuing one remedy instead of another remedy does not mean that the CITY is waiving its right to pursue one or more other remedies concurrently or sequentially. The City may impose a fine, not to exceed $500.00 per day, for each day a sign is in violation of this Section. No sign permit shall be renewed until all outstanding fines have been paid. The annual fee for any sign permit that was in violation of the Subsection or its sign permit in the preceding year shall be $500.00 plus the annual fee. 25 1102.809 {1) Prior Lake Downtown Build ing Design Guidelines. The design standards outlined in the "P rior Lake Downtown Building Design Guidelines" are hereby adopted and incorporated into this Zoning Ordinance by reference. The Design Standards are established to preserve and promote a designe d to be theme of a Traditianal Downtown aesthetic. All new construction and redevelopment shall incorporate the criteria included in these guidelines. In addition, the following design standards shall supplement the "Prior Lake Downtown Building Design Guidelines." Compatibility with Tradition al Downtown Theme. The Design elements, including but not limit ed to, building materials, facade design, windows, landscaping, lighting, and signage shall be compatible with the Traditional Downtown theme fo r improvements within the Downtown as Renovation of Existing Buildings. During the renovation of an existing building any facade additions that are not compatible with the style and period of the building should be removed to the extent feasible. These may include, but are not limited to, wood or plastic shake mansard roofs, plastic or oddly shaped awnings, window opening infills, or surrounds designed to reduce the size of window openings, modern siding materials inconsistent with the original facade, and light fixtures inconsistent with the building's original style or the Traditianal Downtown aesthetic. - Masonry buildings should be cleaned as necessary to lighten the overall color. - New masonry work should match the color and materials or the original facade. - Wherever practical, facade renovations should not destroy or cover original details on a building. Brick and stone facades should not be covered with artificial siding or panels. 26 - Original window and door openings should be maintained wherever practical. New window and door openings should maintain a similar horizontal and vertical relationship as the original. - Sign Design Guidelines: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building and with other signs or nearby buildings. Signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building's architectural features. Signs should not obscure or destroy 27 architectural details such as stone arches, glass transom panels, or decorative brickwork. As - Sign Colors: Sign colors shall be compatible with the building facade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. A combination of soft/neutral shades and dark/rich shades within the palette of the building colors shall be used. isions, the following definitions need to lefinitions} of the Zoning Ordinance: Principal Building. The building in which the principal primary use of the lot is conducted. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall nat be considered principal buildings. In no case shall a fence be classified as a principal building. Legal owner of property as officially recorded by Sign Plan. A plan supplied by an applicant as part of a sign permit application. The Sign Plan must contain the necessary information as detailed in Section 1107.1200 for the Zoning Administrator to fully evaluate if a proposed sign will be incompliance with Section 1107.400 of this Ordinance. as Special Event. A fundraiser, festival, bazaar, tournament, or similar event sponsored by civic organization, nonprofit organization, governmental entitiy, orsemi-public organization. 29