HomeMy WebLinkAbout[08a] Ordinance Amendment - SignsCI7'1i' pF t;T J[~SkP['
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
Council Agenda Item 8a
February 21, 2008
Ordinance Amendment -Signs
Administration
BOARD/COMMISSIONjCOMMITTEE RECOMMENDATION: The Planning Commission,
conducted a public hearing on February 4,_2008 to consider an amendment to the Sign
Ordinance adding a provision for signage on infield fences. The Planning Commission
recommended the Council accept the recommendation causing the same to
executed and published.
PREVIAUS COUNCII. ACTION: In 2006 the City updated some of the Zoning
Ordinances, including the Sign Ordinance.
BACKGROUND INFORMATION: The change to the Sign Ordinance was a result of
the League of MN Cities Insurance Trust requesting that Cities review their Ordinances.
See letter from Tom Jovanovich. After the Sign Ordinance was adopted in 2006, the
Recreation Association requested to place advertising signs on the infield fence at
Millstream. Based on the new Ordinance advertising signs are prohibited.
At the request of the Council, Tom Jovanovich prepared an amendment to the
Ordinance which would allow for the signage. The signs are limited to outfield fences of
ballparks provided the content can only be seen from inside the ballpark. The
amendment to the Sign Ordinance requires a public hearing by the Planning
Commission.
Therefore, the proposed amendment was forwarded to the Park Board for
recommendation and they requested that the Planning Commission approve the
amendment. At the same time they expressed concern with the content of the signs
and whether or not it could be limited. The City cannot limit the content by Ordinance;
however, as the Cify is the property owner, the lease agreement could be amended to
resolve this issue.
As stated above the Planning Commission conducted the public hearing on February 4.
During the public hearing, members of the Recreation Association approached the
Planning Commission and questioned whether or not the advertising could be placed
on both the inside and outside of the fence. The Planning Commission recommended
approval of the amendment as submitted with the only advertising on the inside fence
line.
Wifh regard to the placement of the advertising on the outside, I have had an
opportunity to discuss the matter with the City Attorney. He agreed that the advertising
can only be located on the inside. If advertising would be allowed on the outside of
the fence, you-are approving off premise adver#ising signs and the City would be open
to litigation if sign companies would be denied.
The Sign Ordinance will not become effective until after publication. Before the
Recreation Association contracts for advertising signs, the City Council should approve
an amendment to the Lease. Once the Ordinance is adopted, staff will work on a
proposed amendment and bring the same back to the City Council for approval.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Summary Publication, Resolution, Letter from Tom
Jovanovich, Ordinance Amendment
REQUESTED COUNCIL ACTION: Accept the recommendation of the Planning
Commission, amending Ordinance 52.11, Signs, to allow advertising signs on infield
fences in ball fields and cause the same to be published.
Authorize the Mayor and Administrator to execute Resolution 2008-003, Authorizing the
Summary Publication of Ordinance 52.11.
As a separate motion, the Council should authorize staff to prepare an amendment to
the Lease for the Millstream Ball Park between the City of St. Joseph and the St. Joseph
Recreation establishing the guidelines for advertising signs.
CITY OF ST. JOSEPH
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING REGULATION OF SIGNS
SUMMARY PUBLICATION
The City of St. Joseph has adopted an amendment of Ordinance 52.11: Signs.
The purpose of the amendment to Ordinance 52.11 is to allow for off-premise sign
advertising on the outfield fences of ballparks in St. Joseph.
This material is a summary of the amendments to Ordinance 52.11. The full text of the
Ordinance and amendments is available for inspection by any person during regular office hours
at the office of the St. Joseph City Administrator -Clerk.
This summary publication was adopted by the City Council of St. Joseph on the 21S`
day of February, 2008 and shall be effective upon publication.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator/Clerk
This summary publication was published on , 2008.
- CITY COUNCIL RESOLUTION #2008-003
RESOLUTION AUTHORIZING SUMMARY PUBLICATION
OF ORDINANCE 52.11
(Regulation of Signs)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has passed Ordinance 52.11, entitled
"Regulation of Signs".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 21S' day of February, 2008, by a vote of in favor and opposed
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator/Clerk
~'~ H jnowski
a sme~er Ltd.
17 Seventh Avenue North ATTORNE~/S AT LAW
Po. Box,a33 -March 30, 2007
St. Cloud, MN 56302-1433
Judy Weyrens
32o-2s,-tos5 City Administrator
Toll Free 800-445-9617 ~•O• Box 668
St. Joseph, MN 56374
Fax 320.257-5896
RE: Changes to Sign Regulation Ordinance
" Our File No~ 26177
rajhan®rajhan.com
vvuvw.rajhan.com Dear Ms. Weyrens:
The council has asked our office to change the sign regulation ordinance to allow for off-
premise sign advertising on the outfield fences of ballpaxks in St. Joseph. We have made
these changes to the sign regulation ordinance which is attached to this letter.
The council also questioned whether making. this change would affect the ability of the
city to enforce the off-premise sign prohibition in the sign regulation ordinance. The
answer to that question is somewhat complex and difficult. However, by malting this
Frank J. Rajkowski " amendment to the sign regulation ordinance, the city weakens its ability to enforce the
Gordon H. Hansmeier off-premise sign prohibition. .
Frederick L Grunke The ordinance is cite clear 121 that it states that "aff- remise si
q p gn shall not be permitted
Thomas G. Jovanovid,• l.rl any zoning district." Sl2bd. 7 (i). The city is now adding an exception to that xvle by
Paul A. Rajkowski• stating that off-premise signs may be allowed on the outfield fences of ballparks.
Kevin F. Gray It is legal-to forbid off-premise advertising, as Iong as the prohibition does not extend to
William J. Cashman non-commercial messages. hl this instance, the city is creating aA exemption to the off-
premises prohibition. The off-premise prohibition is a prohibition that sign companies
Richard W. Sobalvarro attack since it detrimentally affects the heart of their business. Such an exception
LeAnne D. Miller weakens the ability of the city to defend the off-premises prohibition.
Peter J. Fud~steiner
In the League of Minnesota's publication, Minnesota Cities. March 2007/Volume 92,
Susan M. Dege Issue 3, there is an article discussing sign ordinances and the first amendment. Iti this
Sarah LSmith-Larkin' article, it specifically states that a city should avoid. exempting.certain groups from the
.permit requirements. In this case a sign company could argue that the city is wrongfully
Troy A. Poetz mug to exempt non-profi#s and publicly owned property from the off-premise
Gregory J. Haupert prohibition. Exemptions may "water down" the substantial government interest. For
example, if an ordinance prolubits off-premise signs because of aesthetics the exemption
Jason T. Brettc suggests that the city is not really concerned about such aesthetics.
Matthew W. Moehrle
Melissia R. Christianson
Kristi D. Stanislawski
FrnnkJ. RaJkowski and Jason T. Bretm are admitted to practice in North Dakota, Gordon H. Hansmeler in North Dakota, Soutl~ Dakota and Waconsiq
Paul A RaJkowski and Sarah L Smtth•Larlcln fn Wisconsin, William J. Cashman in South Dakota, and Ridiard UU. Sobalvarro in Nortl7 Dakota and South Dakota,
^Member of Ameripn Board of Trial Advocates. •Qual'rfied ADR Neutral.
Judy Weyrens .~
March 30, 2007 '
Page Two
On the other hand, exemptions based on a valid time, place or manner restriction such as exempting
signs under a certain size requirement is appropriate.
Based on the above, I cannot say that the exemption with respect to outfield signs would inhibit the
city's ability to enforce the off-premises prohibition. However, such an exemption weakens the
ability of the city to defend such a suit.
The city should determine whether the reasons for the exemption significantly outweigh the need
for the city to have a strong defense in upholding the off-premises prohibition.
If there are any questions, please advise.
Sincerely yours,
R.AJKOW LTD.
By
Thomas G.
TGJ/bjm
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING REGULATIONS OF SIGNS
The Council of the City of St. Joseph hereby ordains:
That Ordinance 52.11 is revoked in its entirety and the following language is enacted in its place:
"Section 52.11: SIGNS
Subd. 1: Findings. The City Council hereby finds as fellows:
a) Exterior signs have a substantial impact on the character and quality of the
environment.
b) Signs provide an important medium through which persons may convey a variety
of messages.
c) Signs can. create traffic hazards, aesthetic concerns and detriments to property
values, thereby threatening the public health, safety and welfare..
d) The city's zoning regulations include the regulation of signs in an effort to
provide adequate means of expression and to promote the economic viability of
the business community, while protecting the City and its citizens from a
proliferation of signs of a type, size, and location that would adversely impact
upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within
the City has had a positive impact on traffic safety and the appearance of the
community.
Subd. 2: Purpose and Intent. It is not the purpose or intent of this sign ordinance to
regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to
regulate any building design or any display not defined as a sign, or any sign which cannot be
viewed from outside a building. The purpose and intent of this ordinance is to:
a} Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety
and welfare.
b) Establish standards which permit all persons the opportunity to .display a wide
variety of messages; to preserve and protect the value of land, buildings and
landscapes and promote the attractiveness of the community; to ensure that signs
in the City are not a safety hazard to lives andlor property, to preserve order and
to encourage persons to erect permanent signs and discourage temporary and/or
portable signs.
c) Improve the visual appearance of the City while providing for effective means of
communication, consistent with constitutional guarantees and the City's goals of
public safety and aesthetics.
d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
Subd. 3: Effect. A sign may be erected, mounted, displayed or maintained in the City if
it is in conformance with the provisions of this ordinance. The effect of this ordinance, as more
specifically set forth herein, is to:
a) Allow a wide variety of sign types in commercial zones, and a more limited
variety of sign types in other zones, subject to the standards set forth in this sign
ordinance.
b) Allow certain small, unobtrusive signs incidental to the principal use of a site in
all zones when in compliance with the requirements of this sign ordinance.
c) Prohibit signs whose location, size, type, illumination or other physical
characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the
public health, safety and welfare.
d) Provide for the enforcement of the provisions of this sign ordinance.
Subd. 4: Severability. If any section, subsection, sentence, clause, or phrase of this Sign
Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portions of this Sign Ordinance. The City Council hereby
declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
Subd. 5: Definitions.
a) "Awning sign" - a building sign or graphic printed on or in some fashion attached
directly to the awning material.
b) "Balloon sign" - a sign consisting of a bag made of lightweight material
supported by helium hot or pressurized air which is greater than twenty four 24
inches in diameter.
c) "Ballpark sign" - a sign (1) securely attached to the outfield fences of a ballpark,
(2) whose content can only be viewed from the `in-play' side of the fencing, (3)
whose size does not cause it to extend in any direction beyond the boundaries of
the fencing that supports it, (4) that poses no danger of cuts or other injury to
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persons using said ballpark for its intended purposes, and (5) that does not
otherwise interfere with persons using said ballpark for its intended purposes.
d) "Canopy" - a roof like cover often of fabric plastic metal or glass on a support
which provides shelter over a doorway.
e) "Flashing sign" - a directly or indirectly illuminated sign which exhibits changing
light or color effect by any means so as to provide intermittent illumination which
includes the illusion of intermittent flashing light by means of animation. Also
any mode of lighting which resembles zooming, twinkling or sparkling.
f) "Illuminated Sign" -any sign which has characters, letter figures, designs or
outline illuminated by electric lights or luminous tubes as part of the sign proper
or by indirect lighting.
g) "Marquee" -any permanent roof like structure projecting beyond a theater
building or extending along and projecting beyond the wall of that building
generally designed and constructed to provide protection from the weather.
h) "Monument sign" - a free standing sign in which the entire base of the sign
structure is in contact-with the ground, providing a solid and continuous
background for the sign face: that is the same width as the sign from the ground to
the top of the sign. The base of the sign shall be constructed of a permanent
material such as concrete block or stone. The sign face shall occupy at least 50%
of the monument sign. Signs should be constructed of materials either the same
as the principal structure or that appear the same.
i) "Off-premise sign" - a commercial speech sign which directs the attention of the
public to a business, activity conducted, or product sold or offered at a location
not on the same lot where such sign is located. For purposes of this sign
ordinance, easements and other appurtenances shall be considered to be outside
such lot and any sign located or proposed to be located in an easement or other
appurtenance shall be considered an off-premise sign.
j) "Pole sign" -see Pylon Sign.
k) "Pylon sign" -any freestanding sign which has its supportive structures anchored
in the ground and which has a sign face elevated above ground level by poles or
beams and with the area below the sign face open.
1) "Sandwich board sign" -any freestanding sign which is composed of two pieces
of flat, rigid material in the shape of a square or rectangle that are hinged at the
top and whose bottom edges rest on the ground so as to create a triangular shape
when being displayed.
m) "Shimmering signs" - a sign which reflects an oscillating, sometimes distorted,
visual image.
n) "Temporary sign" - a sign that is not permanently affixed to the ground, a sign
that is not permanently affixed to any other permanent structure that is in turn
affixed to the ground, or a sign that is capable of being moved by mechanical or
non-mechanical means, including sandwich board signs.
o) "Wall" -any structure which defines the exterior boundaries or courts of a
building or structure and which has a slope of sixty (60) degrees or greater with
the horizontal plane.
p) "Wall sign" -any building sign attached parallel to, but within eighteen (18)
inches of a wall, painted on the wall surface of, or erected and confined within the
limits of an outside wall of any building or structure, which is supported by such
wall or building, and which displays only one (1) sign surface.
Subd. 6: Permit Required.
No sign shall be erected, altered, reconstructed, maintained or moved in the city without
first securing a permit from the city. The content of the message or speech displayed on the sign
shall not be reviewed or considered in determining whether to approve or deny a sign permit.
Application for a permit shall be in writing addressed to the zoning administrator and shall
contain the following information:
a) names and addresses of the applicant owners of the sign and lot;
b) the address at which any signs are to be erected;
c) the lot block and addition at which the signs are to be erected and the street on
which they are to front;
d) a complete set of plans, showing the necessary elevations, distances, size and
details to fully and clearly represent the construction and place of the signs;
e) the cost of the sign;
f) type of sign (i.e. wall sign, monument sign, etc.);
g) certification by applicant indicating the application complies with all
requirements of the sign ordinance; and
h) if the proposed sign is along a state trunk highway or interstate highway, the
application shall be accompanied by proof that the applicant has obtained a permit
from the state for the sign.
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The zoning administrator shall approve or deny the sign permit in an expedited manner
no more than 60 days from the receipt of the complete application, including applicable fee. All
permits not approved or denied within 60 days shall be deemed approved. If the permit is
denied, the issuing authority shall prepare a written notice of denial within 10 days of its
decision, describing the applicant's appeal rights under Section 525 15, and send it by certified
mail, return receipt requested, to the applicant.
Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter
permitted:
a) Signs shall not be permitted within the public. right-of-way or easements, except
as erected by an official unit of government or public utilities for the direction of
traffic or necessary public information, unless approved by the appropriate
government entity.
b) Signs shall not be constructed or maintained in a manner which obstructs traffic
visibility.
c) Flashing or rotating signs resembling emergency. vehicles shall not be permitted
in any district.
d) No sign shall be placed that resembles any official marker erected by a
governmental agency or shall display such words as "stop" or "danger".
e) No sign shall be permitted to obstruct any window, door, fire escape, stairway or
opening intended to provide light, air, ingress or egress for any building or
structure.
f) Where a sign is an illuminated sign, the source of light shall not shine upon any
part of a residence or into a residence district or any roadway.
g) One (1) sign, regardless of its type, shall be permitted on each parcel of property
in any residential district, and such signs shall be limited to an overall area of six
(6) square feet. The limitations stated in this provision can only be modified
according to Subdivision 14 of this Section.
h) The following types of signs are not permitted in any residential district:
1. Awning signs
2. Marquee signs
3. Balloon signs
4. Pole signs
5. Canopy signs
6. Pylon signs and
7. Flashing signs
8. Shimmering signs
9. Wall sign
i) Pylon signs and off-premise signs shall not be permitted in any zoning district.
j) No sign shall be of such a nature or placed in such a position that it will cause
danger to traffic on a street.
k) Signs which may be or may hereafter become rotted, unsafe or unsightly shall be
repaired or removed by the owner or lessee of the property upon which the sign
stands upon notice by the Building Inspector. The owner, lessee or manager of
any sign that contacts the ground and the owner of the land on which the same is
located shall keep grass, weeds and other growth cut and shall remove all debris
and rubbish from the lot on which the sign is located. If the owner, licensee or
owner of the property fails to act in accordance with this paragraph, the City may
remove the sign in question upon the direction of the City Council, and all costs
incurred for removal may be charged to the owner of the sign and if unpaid,
certified to the County Auditor as a lien against the property on which the sign
was located.
1) No sign shall project more than two (2) feet over a public sidewalk.
m) Signs shall not be located on the roof of a building.
n) No sign shall be painted directly on the side of the building, unless it is clearly
demonstrated to the Planning Commission, at the time that a permit for the sign is
applied for, that the location of the sign does not threaten the structural integrity
of the building in question, cause a safety hazard to any persons or property in the
vicinity of the building in question, and is aesthetically consistent with and
non-offensive to the properties in the immediate area of the building in question.
o) No sign shall violate the side or rear yard setback requirements of the district in
which it is placed.
p) No sign shall exceed 250 square feet in surface area.
q) Except for monument signs and temporary signs, the surface area of the base of
any sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirements of the Building
Code.
r) Ballpark signs shall be allowed only on those ballparks that are primarily used to
host baseball and/or softball games.
Subd. 8: Temporary Signs.
a) Fee. A fee set forth by resolution applies to a permit for temporary or portable
signs.
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b) Maximum Size. The maximum size of a portable or temporary sign is sixty-four
(64) square feet. The maximum size of a portable or temporary sign in any
residential zoning district is limited to six (6) square feet.
c) Duration. The duration of time that a portable or temporary sign can be located
on a property is limited to forty (40).days in any one calendar year only after
application has been approved for location and placement.
d) Illuminated Signs. Illuminated signs, whether temporary or portable, shall have a
recognized- seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance with the
listing or, if more restricted, the National Electrical Code as adopted by the State
of Minnesota.
e) One Sign Per Parcel. There shall be no more than one temporary or portable sign
per parcel of property. In the event that there are multiple tenants on a single
parcel of property on which temporary or portable signs are allowed, not more
than two portable signs shall be located on the parcel at any. given time. One
portable sign will be allowed per strip mall site within the B-2 district.
f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor
sign that is temporary or portable and readily accessible shall be supplied from,
and protected by, ground fault circuit interpreters.
g) Extension Cords. Extension cords used to supply power to portable or temporary
signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the
ground to prevent tripping or electrical hazards.
h) Anchors. Anchors for portable or temporary signs shall be subject to approval by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
Subd. 9: Exem tions. The following sign shall not require a permit. This exemption,
however, shall not be construed as relieving the owner of the sign from the responsibility of its
erection and maintenance, and its compliance with the provisions of this ordinance or any other
law or ordinance regulating the same. The exemption is as follows: The changing of the display
surface on a painted or printed sign only. This exemption, however, shall apply only to poster
replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
Subd. 10: Perrnitted Signs; Business Districts.
a) Wall Si ns. Each tenant other than those in multi-tenant buildings may have one
flat wall sign. Such signage may extend from the face of the roof over a covered
walk. Such wall signs shall not exceed I S% of the area of the wall to which the
sign is attached, fo a maximum of 96 square feet.
b) Monument Signs. Each tenant other than those in multi-tenant buildings may
have a monument sign that shall not exceed 80 square feet in surface area, and 15
feet in height, and is setback a minimum 20 feet from the property lines.
c) Multi-Tenant Wall Signs. Each tenant in amulti-tenant building may have a flat
wall sign. The aggregate area of such signs shall not exceed 5% of the area of the
wall to which they are attached.
d) Multi-Tenant Monument Signs. One monument sign shall be permitted for each
multi-tenant building provided the surface area of the sign does not exceed 100
square feet, per side, and 15 feet in height, and is setback in no case less than 20
feet from the property lines. The area may be increased to a maximum of 1 SO
square feet per side for developments of over 20 acres.
e) Canopies and Awnings. The design of canopies shall be in keeping with the
overall building design in terms of location size and color. No canopies with
visible wall hangers shall be permitted. Signage on canopies may be substituted
for allowed building signage and shall be limited to 25% of the canopy area.
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
Subd. 11: Design Standards for Downtown and High Visibility Corridors.
a) Design Standards for B-1 Central Business District. The following standards
pertain to signs within the B-1 Central Business District and are in addition to,
and supersede, other standards contained herein.
1. Pylon and free-standing permanent signs are prohibited in the B-1 District
directly adjacent to Minnesota Street; except one monument sign may be
permitted per parcel of property provided the aggregate size of the
monument does not exceed one square foot for every one foot of frontage.
2. Signs shall be architecturally compatible with the style, composition,
materials, colors and details of the building to which it relates and other
signs on other buildings within the B-1 District.
3. signage should be simple and the signage should not overshadow or
dominate the character of the structure. This provision applies only to the
design and appearance of the signage and not to the message contained
thereon.
4. Illuminated signs should feature indirect lighting that is shielded from
view unless ornamental in nature. Signs capable of being lit in the
evening should limit the view of such lights from motorists and
pedestrians.
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The overall design of all signage including the mounting framework shall
relate to the design of the principal building on the property. For buildings
without a recognizable style, the sign shall adopt the decorative features of
the building, utilizing the same materials and colors.
6. Signs painted directly on window glass or hung in windows are permitted.
Such signs shall be counted toward the maximum size requirement and
shall be limited to 20% of the window area.
The maximum height of a sign in a business district shall be 15 feet.
Projecting signs are allowed in the B-1 District directly adjacent to
Minnesota Street and College provided:
a) The projecting sign does not extend beyond the first floor of the
building.
b) No less than ten feet of clearance is provided between the highest
point of the sidewalk and the lowest point of the projecting sign.
c) Cumulative projecting sign area is not greater than twelve square
feet and maximum sign width not greater than three feet.
d) Maximum distance between a projecting sign and the building face
doesn't exceed one foot.
9. Sandwich Board Signs are allowed only in the B-1 District directly
adjacent to Minnesota Street and College provided:
a) No more than one sandwich board sign shall be allowed for each
tenant on a parcel of property.
b) The sandwich board sign does not exceed 36" in height or 30" in
width.
c) The sign is displayed only during normal operating hours of the
business on the parcel of property on which the sign is located.
d} The sign does not require any form of electricity or display lights
or moving parts.
e) That such signs do not block driveways,. entryways or pedestrian
accesses, do not significantly occlude the sidewalk and/or do not
impact sightlines/view at street intersections.
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f) The sign is made of weather and wind resistant materials of
superior quality.
g) The sign is not affixed to the sidewalk, other signage or temporary
or permanent structure.
h) The maximum aggregate square footage of allowable sign area is
not exceeded.
i) The sign owner provides proof of liability insurance listing the
City as an additional insured and holding the City harmless at the
same time it applies to the City for a permit for the sign.
b) Design Standards for Properties with Highway/Freeway Visibility. The following
standards pertain to signs within the B-2 General Business District, the B-3
District and Industrial Districts which are visible from Interstate 94. These
standards are in addition to, and supersede, other standards contained herein.
1. The standards contained in this subdivision relate to signs on parcels
adjacent to or visible from principal arterials, minor arterials, and collector
streets.
2. Signs shall employ superior-quality, permanent materials. Natural
materials such as wood, brick, stone, glass, etc are highly encouraged.
3. Signs shall be architecturally compatible with the style, composition,
materials, color and details of the building to which it relates and other
structures within the applicable zoning classification.
4. signage should be simple and non-obtrusive and should not overshadow
or dominate the character of any structure on the same parcel of property.
This provision applies only to the design and appearance of the signage
and not to the message contained thereon.
5. The use of natural color palettes in freestanding signage is highly desired.
6. All freestanding signs shall employ landscaping that is aesthetically
pleasing and complimentary to the quality of uses within the area.
Subd. 12: Non-Conforming_Signs: Compliance. It is recognized that signs exist within
the zoning districts which were lawful before this sign ordinance was enacted, but will be
prohibited under the terms of this section. It is the intent of this sign ordinance that
nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding
other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign
ordinance to permit legal nonconforming signs existing on the effective date of this sign
ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained
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so as not to be unsightly, and have not been abandoned or removed subject to the following
provisions:
a) No sign shall be enlarged or altered in a way which increases its nonconformity.
b) If the use of the nonconforming sign or sign structure is discontinued for a period
of one year, the sign or sign structure shall not be reconstructed or used except in
conformity with the provisions of this ordinance.
c) Should such nonconforming sign or sign structure be damaged or structure be
destroyed by any means to an extent greater than fifty (50) percent of its market
value and all required permits for its reconstruction have not been applied for
within 180 days of when the sign or sign structure was damaged, it shall not be
reconstructed or used except in conformity with the provisions of this ordinance.
d) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
e) No existing nonconforming sign shall be enlarged, expanded or moved except in
changing the sign to a sign permitted in the zoning district in which is it located.
f) When a parcel of property loses its nonconforming status all signs devoted to the
property shall be removed and all signs painted directly on any structure on the
property shall be repainted in a neutral color or a color which will harmonize with
the structure.
Subd. 13: Signs in Developing Subdivisions. During the development of a new
subdivision consisting of two (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve (12) feet in height. A fee is required to be paid for these signs,
as set by Council resolution. The City shall not review or consider the content of any message to
be displayed on such signs when determining whether to grant a permit. In addition to the signs
mentioned above, there shall be permitted one (1) sign not exceeding four (4) square feet, and
not more than six (6) feet in height, per lot in the subdivision. All signs allowed according to
this Subdivision shall be removed when 75 percent of the lots in the subdivision are fully
developed, or within two (2) years following the beginning of development in the subdivision,
whichever comes first. No signs allowed according to this Subdivision may be illuminated.
Subd. 14: Non-Commercial Speech. Notwithstanding any other provisions of this sign
ordinance, all non-commercial signs of any size may be posted in any number from August 1 in a
state general election year until ten (10) days following the state general election, and all signs
with a surface area of 50 square feet or less containing non-commercial speech may be posted
from eight (8) weeks prior to any special election until seven (7) days following the special
election. Signs permitted under this Subdivision shall be set back a minimum distance of no less
than fifteen (15) feet from the curb line, shall not be on any public right-of--way, and shall not be
permitted on school property or any other public lands.
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Subd. 15: Substitution Clause. The owner of any sign which is otherwise allowed by this
sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or
non commercial speech. This substitution of copy may be made without any additional approval
or permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech or favoring of any particular non-commercial
speech over any other non-commercial speech. This provision prevails over any more specific
provision to the contrary.
This amendment is adopted the day of , 2008, and shall
be effective upon publication.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on , 2008.
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