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HomeMy WebLinkAbout5A Sign Ordinance Amendments ReportFRto u °7. 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: April 7, 2014 AGENDA #: 5A PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PUBLIC HEARING: NO AGENDA ITEM: SIGN ORDINANCE AMENDEMENTS DISCUSSION: Introduction The purpose of this item is to discuss potential amendments to Section 1107 of the City of Prior Lake Zoning Ordinance related to signage. The primary purpose of the sign ordinance review is to consider the elimination of the sunset provision on sandwich boards and banner signs, which was discussed during the March 17th Planning Commission meeting. In addition, staff would like the Planning Commission to provide direction on additional proposed amendments to the or- dinance; specifically Subsection 1107.806 Electronic Message Signs. History The Planning Commission reviewed an initial draft of the sign ordinance on March 17, 2014 and provided comments and direction. The Planning Commission re- quested additional information related to Electronic Message Signs. Current Circumstances The current ordinance requires the images displayed on electronic message signs to be static, and the transition from one static display to another must be instantaneous without any special effects. No electronic message boards are currently permitted to have scrolling or flashing components, words or images. Staff has proposed revised ordinance language below which would permit scroll- ing letters and would establish standards for illumination and brightness. Light trespass is measured in two ways: luminance or illuminance. Luminance (meas- ured in NITS) quantifies surface brightness, or the amount of light an object gives off. Illuminance (measured in foot candles) quantifies that amount of light which falls onto an object. 1107.806 Electronic Message Signs (Dynamic Display Sign): In the "TC," "C," and "I" Use Districts, one (1) electronic message sign may be permitted per prop- erty subject to the size and area requirements identified in Subsection 1107.902 for freestanding signs. An electronic message sign displays messages and graphics that are changed by electrical pulsations. For discussion, staff is proposing the following revised standards that apply to image duration, transition, and other sign characteristics with dynamic display: 1) Signs with dynamic display that are oriented towards the public right-of- way shall not include moving video images. 2) 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 sta- ble 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. 3) For stable text and/or stable images, the transition from one static display to another must be direct and immediate without any special effects ex- cept for fading and dissolving that takes less than one (1) second; 4) Electronic message signs shall not emit sound. 5) Modes which cause the message or images to flash are prohibited. 6) 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. 7) 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. 8) Signs with dynamic display must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Signs with dynamic dis- play must also be equipped with a means to immediately discontinue the display if it malfunctions, and 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. Conclusion Attached are 1) preliminary recommendations for amendments to the Sign Ordi- nance; and 2) a comparison of electronic message sign ordinances in other com- munities. Staff is requesting the Planning Commission review the proposed amendments and provide direction and recommendations. Additionally, staff is reviewing the sign ordinance with the City Attorney related to temporary off -premises signage. However, staff is not recommending that the Planning Commission review the off -premises amendment due to the technical legal changes being considered. Therefore, a final draft ordinance would be presented for Planning Commission review during a future public hearing. ISSUES: The purpose of this agenda item is to discuss potential amendments to Section 1107 of the Zoning Ordinance related to signage. All proposed amendments to the Zoning Ordinance will be officially considered during a future public hearing. ALTERNATIVES: 1. Direct staff to schedule a public hearing to consider amendments to Section 1107 of the Zoning Ordinance after the City Attorney completes its review of the proposed amendments, including off -premises signage. 2. Table action and provide direction to staff. RECOMMENDED Alternative No. 1. MOTIONS: ATTACHMENTS: 1. Proposed amendments to Section 1107 of the Zoning Ordinance. 2. City ordinance comparison of electronic message signs. Zoning Ordinance 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 (1107.100 - 1107.300 and 1107.1800 - 1107.2300 were removed for purposes of this Zoning Ordinance review only) 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. The City Council finds that it has a legitimate and substantial interest to preserve and protect the public welfare and safety, and preserve the aesthetic qualities and characteristics in and of the City. This Ordinance was written to protect the City and its residents. The City Council finds it has legitimate and substantial interest in promoting and protecting the public welfare, and safety of residents and maintaining and City of Prior Lake June 1, 2009 1107/pl Zoning Ordinance enhancing the aesthetic integrity of the City. While the City believes its interests in regulating signs are substantial, it also believes the First Amendment is one of the cornerstones in a vital and relevant democracy and that they have sworn an oath to defend, protect and preserve the [First Amendment] of the United States. The provisions of this Ordinance are intended to: (1) Advance the City's interests articulated herein, and (2) "Is not more extensive than is necessary to serve [those] interests[s]." The individual provisions are content -neutral and do not favor commercial speech over non-commercial. During the drafting process, each provision was evaluated to assure that there are not any restrictions 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 regulations the City will be unable to protect and preserve the public health, welfare, safety, and aesthetic qualities in and of the City. Purpose. The purposes of these sign regulations are to further promote and protect the following 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) pedestrian and traffic safety; 4) potential for the adverse effect of signs on nearby public and private property; and 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; 7) assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs. The City Council finds that these sign regulations do not deny a business or other entity a reasonable degree of freedom of choice in the design and placement of signage while at the same time assuring the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs. 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: City of Prior Lake June 1, 2009 1107/p2 Zoning Ordinance 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. Advertising Sign. Any permanent non-governmental sign and sign structure, advertising products, services, commodities, entertainment 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 lighting to depict action or create a special effect or scene, including but not limited to flashing and scrolling. Signs with visible moving, rotating parts, or other visible mechanical movement are animated signs. Awning. A non -rigid hood or cover projecting from a building, which can be folded, collapsed, or retracted against the building. Balloon Sign. A temporary sign which is printed, painted or attached to a balloon which is secured to a permanent structure or the ground in a manner that does not allow it to move about within the atmosphere. Balloon Sign, Tethered. A temporary sign which is printed, painted, or secured to a balloon which is attached to a rope, chain, string or other device, allowing it to move about within the atmosphere. Banner Sign. Any temporary on -premises, commercial 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. 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. 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. City of Prior Lake June 1, 2009 1107/p3 Zoning Ordinance 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 can be changed or rearranged without altering the face or the surface of the sign. The electronic or mechanical indication of time or temperature or stock market data shall be considered a "public service sign" or a changeable copy sign for the purposes of this Ordinance. Community Park Event Sign. A temporary sign related to an activity or event permitted in a "Community Park," as defined in the City's Comprehensive Plan. The temporary sign may only be displayed in the specific Community Park for the duration of a specific event. 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 aA sign which shows messages and graphics that are changed by electrical pulsations, other than public service signs. Employment Opportunity Sign. A temporary sign indicating employment opportunities. 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 -premises sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. Ground Monument Sign. A block -type sign structure not supported by poles or braces, but rather placed directly on the ground. Home Occupation Sign. A sign that advertises or describes products, goods or services at a private residential location. Illuminated Sign. Any sign which has characters, letters, design or outlines illuminated by artificial light directed to or from the interior of the sign. City of Prior Lake June 1, 2009 1107/p4 Zoning Ordinance Incidental Sign. A sign having a face which meets Department of Transportation standards and which is located on private property. An 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 Signs. An on -premises sign which identifies the name and other characteristics of a public or semi-public institution. - Lake Service Sign. Signs accessory to uses which depend on patrons arriving by watercraft. 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. No Trespass Sign. A sign which is intended to notify the public of entry onto a person's private land or property without the property owner's permission. 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. Off -Premises, Advertising Sign. Any PeFMaReRnon-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. 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. On -Premises, Advertising Sign. Any permanent non-governmental sign and sign structure, advertising products, services, commodities, and entertainment, located on the premises where the sign is installed and maintained. Painted Wall Sign. A sign which has been painted directly onto a building wall, using the wall material as a base of the sign. City of Prior Lake June 1, 2009 1107/p5 Zoning Ordinance Pennant/ Streamer 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. 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. - Real Estate Signs. A temporary sign erected on private property for purposes of advertising the sale or lease of a particular building and/or property. Residential Name Plate Sign. A sign located on a residential premises, giving only the name or address, or both of the premises. 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 seasonally oriented sales, and signs advertising temporary agricultural commodity sales and transient merchants. 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. City of Prior Lake June 1, 2009 1107/p6 Zoning Ordinance 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. 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. 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. Subdivision Identification Signe An on -premises freestanding sign used to identify a residential subdivision, a Planned Unit Development, a commercial development, business center, or industrial park. Temporary Sign. A sign erected or displayed for a specified period of time and not permanently mounted. Traffic Interference Signs. SigR64m 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. 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. City of Prior Lake June 1, 2009 1107/p7 Zoning Ordinance 1107.600: EXEMPT SIGNS: All signs not expressly permitted under this Section are prohibited unless exempt from this subsection by statute or by this subsection. The following signs shall be exempt from regulation: ➢ Incidental signs. ➢ Public signs. ➢ Works of art. ➢ Athletic Field Signs. 1107.700: PERMITTED SIGNS; NO SIGN PERMIT REQUIRED: The signs identified in Table 1 of this subsection are permitted and do not require sign permits. However, their size, area, location and number are regulated by the provisions of Subsections 1107.701 through 1107.7174. A brief description of the signs and display guidelines follow Table 1. TABLE 1 NO SIGN PERMIT REQUIRED Address signs Non-commercial on -premises signs Building markers Public signs Community Park event signs Real estate signs Construction Signs Residential nameplate signs Election signs Seasonal signs Employment opportunity signs Window signs Home occupation signs Wetland bufferyard signs Multiple residential nameplate signs Yard sale signs No trespass signs 1107.701 Address Signs: An address sign located on a home or business near the front entrance shall not exceed two (2) square feet in area. Address signs shall be exempt from the total display area allowed under Subsection 1107.1000. 1107.702 Building Markers: One building marker sign not to exceed four (4) square feet is permitted per building in all Use Districts. City of Prior Lake June 1, 2009 1107/p8 Zoning Ordinance 1107.703 Community Park Event Signs. With approval of a Park Rental Permit for an activity or event in a "Community Park" (as identified in the City's Comprehensive Plan), signage may be utilized for the duration of a specified event. The Park Rental Permit holder shall be responsible for the removal of all signage at the conclusion of the event. All signs are to be positioned to limit their exposure to residential areas. 1107.704 Construction Signs: Signs denoting 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. Such signs shall be removed within 10 days after completion of construction or the sale, lease or development of 90% of the property. No more than three such signs shall be allowed at one time. All signage shall maintain a 10 foot setback from the property boundary. Each sign shall not exceed the following size limitations: Project Area Residential Commercial Under one acre 8 sq. ft. 32 sq. ft. 1 to 10 acres 64 sq. ft. 64 sq. ft. 10.01 to 25 acres 150 sq. ft. 150 sq: ft. 25.1 plus acres 300 sq. ft. 500 sq. ft. 1107.7054 Election Signs: Any Election signs pertinent to Minnesota Statute 211 B.045 shall Ile -af-e permitted on private property in any Use District with the express consent of the owner or occupant of such property. In a State general election year, such signs may not be posted -4 more than 46 days before the date of the election and must be removed by those responsible for the erection of the sign or the property owner within 10 days following the State general election. Such signs shall be located at least five feet from all property lines. Election signs for elections held at other times than a State general election year shall be located on private property and at least five feet from all property lines. 1107.706 Emplovment Opportunity Sians: Sians denotina emolovment oagortunities shall be permitted on a private property in any commercial or industrial Use District with the express consent of the owner or occupant. Such signs shall not exceed 32 square feet and shall be located on the private property where the employment opportunity exists. 1107.707 Home Occupation Signs: Signs shall be permitted for the purpose of identifying a home occupation business. Said sign shall be non -illuminated, shall be limited to one sign per residential property, shall be attached to the wall of a dwelling and shall not exceed two (2) square feet. 1107.705,5 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. 1107.709re 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 City of Prior Lake June 1, 2009 1107/p9 Zoning Ordinance in the "R," "TC," "C" and "I" Use Districts. In "A" Use Districts, such signs shall not be less than 300 feet apart. 1107.79107- Non -Commercial On -Premises Signs: One non-commercial on -premises sign may be placed on private property by the owner of the property or by the tenant. The sign shall be setback fivetee (548) feet from the property line and not exceed 12 square feet in size with a maximum height of four (4) feet from ground elevation. 1107.7911& Public Signs: No signs shall be allowed in the public right-of-way, except the following signs which are permitted: public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, 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. 1107.71299 Real Estate Signs: One real estate sign may be placed per street frontage and one sign per lake frontage on property to be sold or leased. Such signs shall be set back from the property line or right-of-way (whichever is greater), no less than one foot (1') per one foot (1') of sign height. Placement of real estate signs shall have the express consent of the owner or occupant of the property. Such signs shall be removed within ten 10 7- days following the closing of the lease or sale. 9004 Gf bHildiRg GGGHpaRGY. The area of any such sign shall not exceed the following: ➢ 1-2 unit buildings: 6 sq. ft. ➢ 3-10 unit buildings: 10 sq. ft. ➢ 10 units or more: 32 sq. ft. 1107.7139 Residential Nameplate Signs: One nameplate sign, up to two (2) square feet in area per surface with a maximum of two (2) surfaces shall be permitted for single- family residences. 1107.7144 Seasonal Signs: A maximum of 32 square feet of on -premises temporary signage is permitted per entity for the duration of the sales event. 1107.715-2 Wetland Buffer Yard Signs: Wetland buffer yard signs shall not be removed without the written consent of the regulating agency responsible for their installation. 1107.7164 Window Signs: A business may display one or more window signs, provided the total sign area does not exceed more than 75% of the total window area. 1107.7174 Yard Sale Signs: On -premises yard sale signs are permitted and may be displayed seven (7) days prior to the sale and must be removed immediately after the end of the yard sale. Yard sale signs shall only be placed on private property. 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 1107.8194894. A brief description of the signs and display guidelines follow Table 2 City of Prior Lake June 1, 2009 1107/p10 Zoning Ordinance TABLE 2 SIGNS THAT REQUIRE A SIGN PERMIT Awning signs Marquee signs Balloon signs Menu board signs Off -premises identification signs Banner signs Off -premises temporary directional signs Business signs On -premises directional signs Changeable copy signs Portable signs r„n�+. ,+.-R SigRG Public service signs Electronic message signs Sandwich board signs Illuminated signs Streamers, Pennants (noncommercial) signs Street banner signs EIntional ervice signs Subdivision identification 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 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 Banner Signs: A. 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 -s. 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 City of Prior Lake June 1, 2009 1107/pll Zoning Ordinance 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: 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. 1107.805 Changeable Copy Signs: In the "TC," "C," or "I" Use Districts, this applies to 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. City of Prior Lake June 1, 2009 1107/p12 Zoning Ordinance ... ... 1107.8067 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. Image characteristics, duration, and transition. The following standards shall apply to image duration, transition, and other characteristics of siqns with dynamic display. 1) Signs with dynamic display that are oriented towards the public right of way shall not include moving video images. 2) 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. 3) 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; 4) Electronic message signs shall not emit sound. 5) Modes which cause the message or images to flash are prohibited. 6) 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. 7) 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. 8) 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 it malfunctions, and 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. City of Prior Lake June 1, 2009 1107/p13 Zoning Ordinance 1107.8079 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. 1107.808 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 may be no higher than six (6) feet above the adjacent grade or center line grade of the adjacent street, whichever is higher. 1107.80 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. 1107.8104- 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. 1107.8112- 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 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. — 1107.8123 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 or 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 two (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. City of Prior Lake June 1, 2009 1107/p14 Zoning Ordinance 1107.8134 On -Premises Directional Signs: 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. 1107.8145 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. The req iired so+ha^U is No sign shall be located within a traffic visibility area as defined in Subsection 1101.506. t ;e the �o+ham, U in the Use Dic+rir-+ 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. 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. „,-A-saseshall a portable cnigR take ait required �E)# street parkriRrg spaGes . 1107.8159 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. 1107.8167- 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 ermits 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. City of Prior Lake June 1, 2009 1107/p15 Zoning Ordinance 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 owner consents to the terms of^c�cccaieTa Public Property Use Permit ("PPUP") which. The 12PUPLrequires 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. 1107.8179 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. City of Prior Lake June 1, 2009 1107/p16 Zoning Ordinance 1107.8189 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. 1107.81928 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 1-1 districts, the maximum height of the sign shall be 20 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 1-1 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. 1107.8204- 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" Use Districts provided the lights are approved by the Zoning Administrator, Planning Commission and/or City Council as part of an outdoor illumination plan or landscape plan. The use of such lighting shall be to create ambiance and pleasing pedestrian spaces. Such lighting is limited to pedestrian areas including plazas, patios, landscape features and primary entries into buildings. No such illumination is allowed in any required setback. No flashing or blinking lights shall be permitted. 1107.900: PERMITTED SIGN AREA; BUSINESS AND INDUSTRIAL DISTRICTS: The signs regulated by this subsection are on -premises signs that identify or advertise City of Prior Lake June 1, 2009 1107/p17 Zoning Ordinance a business, person, activity, product or service ("activity") that occurs on the property where the activity is located. On -premises signs must be located or placed upon private property, be securely built, installed and maintained to conform to the requirements of this Section. Refer to Section 1102.809 for additional sign regulations related to the "TC" Use District. 1107.901 Wall Signs: Wall signs are allowed, by permit, in the "TC," "C," and "I" Use Districts. Except in the T-3" Use Districts, the total area of permanent wall signs shall not exceed 20% of the area of the total building front; provided, buildings over 3,000 square feet of floor area may add one square foot of sign space for each 100 square feet of floor space over 3,000 square feet. Within the T-3" Use Districts, each principal building shall be allowed wall signage equal to 10% of the area of the front building elevation facing a public street; provided, multi -tenant buildings with tenant entrances on a side of the building not facing a public street, may have additional signage on those entrance sides with a maximum aggregate area per building elevation of 5% of the area of the front building elevation. In all districts, no individual wall sign may exceed 200 square feet and no wall sign shall project from the building line more than 15 inches. (Additional regulations may apply for specific signs, see Subsection 1107.800) 1107.902 Freestanding Signs: Within the "TC," "C," and "I" Use Districts, one (1) freestanding sign is permitted per street frontage. In the T-3" Use Districts, the maximum height shall be six (6) feet above the natural grade adjacent to the sign. In the "TC", T-1", T-2", and 1-1" 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 point or the grade level of the center line of the adjacent street, whichever grade level is higher. Except in the T-3" Use Districts, the maximum size of a freestanding sign shall be 100 square feet per side within a maximum of two (2) sides. Within the T-3" Use District, the maximum size of a freestanding sign shall be 80 square feet per side with a maximum of two (2) sides. No freestanding sign shall extend beyond a property line, or right-of-way line or be located closer than 40 feet to another freestanding sign. Freestanding signs must be set back at least 10 feet from the property line, or right-of-way line, whichever is greater, with the exception of "TC" District where a freestanding sign may have a zero setback (setback measurement will be from the part of the sign closest to the property or right-of-way line.) (Additional regulations may apply for specific signs, see Subsection 1107.800) 1107.1000: CALCULATING SIGN AREA: The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by drawing a box around the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The structural supports for a sign, whether they be columns, pylons, or a building, or a part thereof, shall not be included in the calculation of the advertising display area. City of Prior Lake June 1, 2009 1107/p18 Zoning Ordinance 1107.1001 Individual Letters: When attached to the surface of a building, canopy, awning, "A' L^ P-11 TAI pTH o I = I LA I I = � d U til � I I i I I I I I w > � v � 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 two (2) identical sign faces are placed back to back, so that neither face can 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 on one property is calculated based on the sum of the sign area of each individual sign. The allowable sign area for all individual signs on a property shall be computed by applying the formula contained in Subsections 1107.900 and 1107.1000. Properties fronting on two (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. 1107.1005 Variances: Variances to Section 1107.400 to 1107.1700, Signage, are not permitted. 1107.1100: PROHIBITED SIGNS: Except as explicitly provided in this subsection, the following signs are prohibited: ➢ Advertising signs. ➢ Animated signs. ➢ Balloon sians. tethered. ➢ Beacons. ➢ Bench signs. ➢_Billboard signs. ➢ Flashing signs. ➢ Home occupation signs City of Prior Lake June 1, 2009 1107/p19 Zoning Ordinance ➢ Off -Premises, advertising signs. ➢ Painted wall signs. ➢ Pennant / Streamer signs. ➢ Projecting signs -outside the TC District. ➢ Roof signs. ➢ Rotating signs. ➢ Snipe signs. ➢ Traffic interference signs. 1107.1200: SIGN PLAN REQUIREMENTS: No sign permit shall be issued until a Sign Plan for the entire property and/or building on which the sign will be erected has been submitted to the City and approved by the Zoning Administrator. The purpose of the Sign Plan is to provide accurate information for the City to determine whether the proposed sign is in compliance with the requirements of this Ordinance. The Sign Plan shall include: 1) An application for a Subdivision Sign shall contain a certified 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. 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 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, details, and the manufacturer's specifications for the lighting fixture and any light shield or shades that will be used. 1107.1300: SIGN PERMIT REQUIREMENTS: Before a sign requiring a permit under the provisions of this Section is placed, constructed, erected, modified, or relocated the property owner shall obtain a sign permit from the Zoning Administrator. The property owner shall maintain a sign permit for all signs on the property. Any sign involving electrical components shall be wired by a licensed electrician. A building permit may be required in cases where the International Building Code warrants it. 1107.1301: Banner and Sandwich Board Signs: Permits for banners and sandwich board signs are issued annually. A banner or sandwich board permit is valid for one year commencing on January 1 sl and expiring on December 31 sl of the year of issuance. City of Prior Lake June 1, 2009 1107/p20 Zoning Ordinance An applicant may apply for a banner or sandwich board permit at any time during the year, but the fee will not be pro -rated. If a banner permit is issued for a multi -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 who 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 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 for a sign permit shall be made in writing on the forms furnished by the City. The application shall contain the following information: ➢ Name, address and telephone number of the property owner, the owner of the sign if applicable, and the company or individual who is providing and installing the sign. ➢ Address and legal description of the property where the sign will be located. ➢ A copy of the Sign Plan. ➢ Other pertinent information as may be required by the Zoning Administrator. The permit application shall be signed by the applicant. When the applicant is any person other than the owner of the property, it shall be signed by the owner of the property. 1107.1303 Exemptions: The following sign modifications shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its proper erection and maintenance, and its compliance with the provisions of this subsection or any other law or ordinance regulating the same. ➢ Changing the advertising copy or message on a marquee, changeable copy, electronic message or similar sign specifically designed for the use of replaceable copy. ➢ Painting, repainting, replacement or cleaning of a legal sign structure or sign whereby only the color or message is altered. 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. 1107.1500: 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 has not been issued within thirty (30) days of notice of permit expiration, the City may have the sign City of Prior Lake June 1, 2009 1107/p21 Zoning Ordinance removed and assess costs back to the property as provided by Minnesota Statutes, Chapter 429. 1107.1600: REMOVAL OF SIGNS: A. Temporary Signs: If the City finds that any temporary sign is unsafe or insecure, a menace to the public, placed in the right of way without City approval, or in violation of the provisions of this Section or any conditions set out in the sign application or approved permit, City staff may remove the sign. The City shall not be responsible for storing or any loss or damage to any sign that is removed. The City Council may establish a fee, in the Fee Schedule it adopts annually, for the return of any sign removed by City Staff. B. Permanent Signs: If the City finds that any permanent sign, or other structure regulated herein is unsafe or insecure, a menace to the public, or in violation of the provisions of this Section or any conditions set out in the sign application or approved permit, the Zoning Administrator shall give to the holder of the permit written notice of what actions the owner must take to correct the violation. The owner shall bring the sign into compliance with this Section and correct any issues identified by the Zoning Administrator within seven (7) days after the date the notice is issued. The Zoning Administrator may, if there are mitigating circumstances such as weather or a holiday weekend, that impact the owners ability to complete the work within the seven (7) days set out in the notice, the Zoning Administrator may, in his or her sole discretion, grant the owner such additional time as may be reasonable to complete the work. Any extension must be in writing. If after receiving said notice or an extension thereof such person fails to remove, correct or alter the sign to comply with the provisions of this Section, the sign shall be deemed a public nuisance. The City may abate a public nuisance. The cost of abatement, including administration expenses and reasonable attorney fees, may be levied as a special assessment against the property upon which the sign is located. 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. Notice of violation will be sent by certified mail to the property owner and, if applicable, to the person to whom the permit is issued. 1107.1700 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. City of Prior Lake June 1, 2009 1107/p22 Zoning Ordinance (Ord Amd 110-03, publ 8/21/10) City of Prior Lake June 1, 2009 1107/p23 ° Z o o p v 3 O O v r i E m o v m off � v v O m O Olall > o v v E � E $ s E zi E U E v 0 w Z E E � o eL '� o o m � 3 E ; ... ..... ....................................... ......................... llll� lo Nruo ° +. n 3 0 _ o E — _ Q - o O a oE u c E E E S 3 O w m v E y N pF ¢ — E Z w %E @ E E �_ E ,: u v E o o m lloc E� H z E E i p 3 w y E — o m SoEum E V`w nwT m cwz cw n z ~ Z t; 2 O w Z_ N w cE E E p H � E E o D a3 z Q� z0 O V o N Q — to F z to V v -n c - Z —_ r E w E E 9 O E — Eo _° 3 mE N v a E n o v> u E E — — E 2 _ _ Em .E a G a° `v 'o r E - ¢v Q 3 K Q Oo D H 3 r x 3 E a '^ a W W O O a