HomeMy WebLinkAbout[11a] Sign Ordinance Amendmentcrrv AF ST. Ji~KPH City Council Agenda Item 11 (a
MEETING DATE: May 21, 2009
AGENDA ITEM: Sign Ordinance Amendment
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Adopt the amendment to Ordinance 52.11 executing such and
causing the same to be published and approve the resolution authorizing summary publication of the
Ordinance.
PREVIOUS CITY COUNCIL ACTION:
BACKGROUND INFORMATION: The City Staff received a request to display banners at the Millstream
Shops and Lofts. in reviewing the Ordinance, banners were not permitted. Therefore, an amendment
to the Ordinance was presented to the Planning Commission and a public hearing was held on February
2, 2009. The Planning Commission requested the staff present the Commission with alternative
definitions for banners. In April when the draft was presented the Commission agreed with the revised
definition of a banner and requested that language be prepared to address construction signs and to
allow for a banner to be displayed across the street.
The revised amendment was presented to the Planning Commission on May 4, 2009 at which time the
Planning Commission recommended the Council approve the amendment. As a follow up to the
Planning Commission Meeting, the Commission questioned the insurance that will be required for
persons displaying a banner. In discussing the matter with the City Insurance Agent (Peter Omann~ he
stated that it should be one million per occurrence. Organizations such as the Millstream Arts and St.
Joseph Church already have insurance that would cover this and additional costs would not be incurred.
If an organization does not have insurance, the cost to purchase a separate rider is between $ 250 and $
500.
With regard to the banner, the Planning Commission is requesting that the City find two locations to
allow banners across the street. The current site used for the Holiday decorations is not adequate for
banners. Once the Council adopts the Ordinance we can begin looking at potential sites. The Planning
Commission indicated that one should be on Minnesota Street and one could be on College Avenue or
Second Avenue NW. See the memo from the City Attorney regarding the ownership of the
pole/underlying land.
ATTACHMENTS: Amendment to Ordinance 52.11; Resolution 2009-011; Ordinance 52.11; Memo
from the City Attorney regarding the banners, extract of Planning Commission Minutes -February 2,
2009, April 6, 2009 and draft minutes of May 4, 2009
REQUESTED CITY COUNCIL ACTION: This agenda item will require the following two actions:
1. Authorize execution of the Amendment to Ordinance 52.11, Signs, causing the same to be
published.
2. Authorize execution of Resolution 2009-011 Authorizing Summary Publication of Ordinance
52.11
AMENDMENT TO ORDINANCE 52.11
SIGN ORDINANCE
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
Section 52.11: SIGNS
Subd. 1: Findings. The City Council hereby finds as follows:
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 im~Ct. on traffic safety and the appearance of the
community.
e) Regulations controlling "banners" are specifically set forth in Subd. 16 of #his
Ordinance.
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. i
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 aze not a safety hazard to lives and/or property, to preserve order and
to encourage persons to erect permanent signs and discourage temporary and/or
portable signs.
52.11-1
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 maybe 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) "Banner" -attention-getting device which is of a nonpermanent paper, cloth,
vinyl or plastic like consistency used to promote a specific community event.
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)
52.I 1-2
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
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. changir
light or color effect by any means so as to provide intermittent illumination whic
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 chazacters, 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'/0
of the monument sign. Signs should be constructed of materials either the same
as the principal structure or that appear the same.
i) "Ofl=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 anoff-premise sign.
j)
"Ornamental Banner" -Any sign designed for long-term use made of
performance fabric such, as 100% solution dyed acrylic or substantially similffi
non-rigid, marine grade material that is permanently mounted to a decorative light
post standazd or a building fagade by a permanent frame at two or more edges.
Ornamental banners are often referred to as "Avenue Banners" or "Street
Banners"..The following are specifically excluded from this definition and shall
not be considered ornamental banners:
a. National flag(s), state or municipal flags}, the official flag(s) of any
institution or business, gazden flags, or house flags.
52.11-3
b. Plastic, vinyl, cotton, nylon, satin, or other materials suspended from a rope,
wire, string, individually or in a series.
a Temporary Signs.
d. Signs extending overhead across public or private streets, roads, highways,
alleys or easements.
k) "Pole sign" -see Pylon Sign.
1) "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.
m) "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.
n) "Shimmering signs" - a sign which reflects an oscillating, sometimes distorted,
visual image.
o) "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.
p) "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.
q) "Wall sign" -any building sign att-ached 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;
52.11-4
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;
fj 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 1
from the state for the sign.
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, describin
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
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 or as set forth in subd. 16 of this ordinance pertaining to
community event banners. .
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 pmvide light, air, ingress or egress for any building or
structure.
52.11-5
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
10. Ornamental Banners
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 maybe 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 maybe 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.
52.11-6
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 andlor softball games.
Subd. 8: Temporary Signs.
a) Fee. A fee set forth by resolution applies to a permit for temporary or portable
signs.
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 calemdar 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 blational 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.
fl 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.
52.11-7
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: Exemptions. 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: Permitted Signs; Business Districts.
a) Wall Signs. 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 15% of the area of the wall to which the
sign is attached, to 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 1 S
feet in height, and is setback a minimum 20 feet from the property lines.
c) Multi-Tenant Wall Signs. Each tenant in a multi-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 maybe increased to a maximum of 150
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 maybe 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.
f. Ornamental Banners. Ornamental banners shall be permitted in the Central
Business District on approved. standards, attached to the building facade and on
standards attached to pedestrian area lighting, subject to a master sign plan. They
may, including standards, project from buildings a maximum of two (2) feet and
shall be at least eight (8) feet above the average grade. The size of the
Ornamental Banner shall contribute. to the aggregate maximum amount o~ signage
allowed within the District. They shall be limited to one (1) banner per twenty
52.11-8
(20) lineal front feet of property. Ornamental banners are subject to standards
contained in this Section and in Section 52.31 of the City Code.
1. Ornamental Banners shall not be internally illuminated.
2. Ornamental signs shall not interfere with pedestrians or vehicular access and
shall not interfere with sight distance at street and driveway intersections.
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 maybe
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.
5. 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..
7. The maximum height of a sign in a business district shall be 15 feet.
8.. Projecting signs are allowed in the B-1 District directly adjacent to
Minnesota Street and College provided:
52.11-9
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.
fj 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
52.11-10
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 col
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 ofpmpesty.
This provision applies only to the design and appearance of the sigruige
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 oi+dinanee 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 fur.-thee 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
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.
52.11-11
d) Should such sign or sign stricture 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 fu}ly
developed, or within two (2) years following the beginning of development in the subdivision,
whichever comes first. No signs allowed according to this Subdivision. maybe illuminated.
Subd. 14: Construction related Signs: Contractor, engineer, architect, supplier, financial
institution and any other construction related signs shall be limited to 32 square feet and shall be
removed two (2) weeks after completion of project or issuance of a certificate of occupant' of the
land.or building, whichever occurs first.
Subd: 14: Non-Commercial Speech. Notwithstanding any other provisions of this sign
ordinance, all non-commercial signs of any size maybe posted in any number from August:l iin 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.
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.
Subd. 16: Banners.. Upon application to the City, a banner maybe permitted to be hung
across the right-of--way at the two specified locations designated by the City to promote local
52.11-12
community events only. This ordinance shall not be construed as authorizing any such signs or
banners on public property or on private property other than those specifically authorized by the
City.
a) Permit Required. No banner shall be erected, altered, maintained or
moved without first securing a permit from the City. The content of the
message or speech displayed on the sign shall be limited to promoting
community events and shall be reviewed or considered in determining
whether to approve or deny a banner permit. Application for a permit
shall be in writing addressed to the zoning administrator and shall
contain the following:
1. Names and addresses of the applicant(s);
2. The event,the banner is meant to promote;
3. The location(s) at which any banner is to be erected;
4. The type and content of the banner;
5. A complete set of plans, showing the necessary elevations, distances,
size and details of the banner;
6. The cost of the banner;
7. Certification by applicant indicating the application complies with all
requirements of the banner ordinance; and
8. The dates the applicant(s) request the banner be present.
b) Approval by Planning Commission. Banner plans will be reviewed at
regular meetings by the Planning Commission. In addition, special.
meetings, provided applicable fees are paid, can be requested for plan
review. In reviewing the proposed banner; the Planning Commission
shall consider the following criteria:
1. Traffic circulation and pedestrian safety. Banners shall not contain
content or be placed in a manner to obstruct the safety of pedestrians,
motorists; cyclists, or other users of the public streets over which they
are to hang.
2. Sign Design and Visual Impact.
3. Construction and Maintenance. All banners must be constructed and
maintained by the applicant and must be done in a manner that results
in professionally finished appearance. All banners shall be constricted
in such a manner and of such material that they shall be safe.
All permits not approved or denied within 30 days shall be deemed denied. If the.
permit is denied, the issuing authority shall prepare a written notice of the denial
within 10 days of its decision.
c) Application Fee. The permit application fee is listed in Appendix A and
is due upon submission of the application.
52.11-13
d) Erecting and Removing Banner. Each applicant is responsible for
hanging and removing an approved banner. Roadway banners in
support of community events maybe displayed for a period not to
exceed 21 days. All banners must be removed within 48 hours of the
completion of the scheduled event.
The use of the posts to hang a banner which promotes a community
event will be given to applicants on a first come, first serve basis..
e) Liability Insurance/Hold Harmless. Proof of liability insurance in
accordance with this subdivision shall be delivered to the City
Clerk/Administratorpnor to issuance of the permit. The applicant must
demonstrate proof of financial responsibility with regard to liability
naming the City as an insured. The policy of insurance shall be in limits
of not less than one million per occurrence.
The liability insurance policy required by this subdivision shall provide that it may not be
cancelled for any cause, either by the insural or the insurance company without first giving
notice to the City in writing of intention to cancel it, addressed to the City Clerk/Administrator of
the City of St. Joseph.
f) Liability. The applicant(s) shall hold the .City of St. Joseph harmless
from any and all claims and actions, litigations, and from damages
arising out of the erection, maintenance or removal of any banner
allowed under the authority of this ordinance nor shall the City of St.
Joseph beheld liable for a claim. based upon enforcement of this
ordinance.
g) Notice of Violation/Assessment of Costs. Notice of any violation of this
ordinance will be sent directly to the applicant(s) or to the party who
failed to submit an application in violation of this subdivision. Violation
of this ordinance is deemed a misdemeanor.
s~b~ s~.i i ~~aea os-zi-o9
52.11-14
ORDINANCE 52 -ZONING ORDINANCE
Section 52.11: SIGNS
Section 52.11: SIGNS
Subd. 1: Findings. The City Council hereby finds as follows:
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.
- , -_ Regulations controlling "banners" are specifically set forth in Subd. 16 of this
Ordinance.
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 and/or property, to preserve order and
to encourage persons to erect permanent signs and discourage temporary and/or
portable signs.
52.11-1
ORDINANCE 52 - ZONING ORDINANCF,
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. S: 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)_ __- "Banner" _. attention-gettingdevice which is of a nonpermanentpaper, cloth,
vinyl .or plastic like consistency used to_promote a specific community event.
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
52.1 1-2
ORDINANCE 52 -ZONING ORDINANCE
the fencing that supports it, (4) that poses no danger of cuts or other injury to
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~_.__ "Ornamental Banner" - Any sign designed for long-term use made of
performance fabric such as 100% solution dyed acrylic or substantially similar
non-rigid, marine grade material that is Qermanently mounted to a decorative light
post standard or a building facade by a permanent frame at two or more edges.
Ornamental banners are often referred to as "Avenue Banners" or "Street
Banners". _The following are specifically excluded from this definition and shall
not be considered ornamental banners:
a_ National flag(s), state or municipal flag(s), the official flag(s) of any
institution or business, garden flags, or house flags.
52. ] 1-3
ORDINANCE 52 -ZONING ORDINANCE
b. Plastic, vinyl, cotton, nylon, satin, or other materials suspended from a rope,
wire, string, individually or in a series.
c_ Temporary Signs.
. ~: Signs extending overhead across public or private streets, roads, highway
alleys or easements.
k) "Pole sign" -see Pylon Sign.
1) "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.
m) "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.
n) "Shimmering signs" - a sign which reflects an oscillating, sometimes distorted,
visual image.
o) "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.
p) "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.
q) "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;
52.11-4
ORDINANCE 52 - ZONING ORDINANCE
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.
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 or as set forth in sub_d_ 16 of this ordinance pertaining to
community event .banners.;
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.
52.11-5
ORDINANCE 52 -ZONING ORDINANCE
~ 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
10. Ornamental Banners
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.
52.11-6
ORDINANCE 52 -ZONING ORDINANCE
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.
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.
52.11-7
ORDINANCE 52 - ZOMNG ORDINANCE
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: Exemptions. 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: Permitted Signs; Business Districts.
a) Wall Signs. 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 15% of the area of the wall to which the
sign is attached, to 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 150
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 nn 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.
f. Ornamental Banners. Ornamental banners shall be permitted in the Central
Business District on approved standards, attached to the building facade and on
standards attached to pedestrian area lighting, subject to a master sig~plan. They
may, including standards, project from buildings a maximum of two (2) feet and
shall be at least eight (8) feet above the average r~ The size of the
Ornamental Banner shall contribute to the aggregate maximum amount of sig~ge
allowed within the District._ They shall be limited to one (1) banner per twenty
52.11-8
ORDINANCE 52 - 'CONING ORDINANCE
(20) lineal front feet ofproperty. Ornamental banners are subject to standards
contained in this Section and in Section 52.31 of the City Code.
1. Ornamental Banners shall not be internally illuminated.
--%.. ,Ornamental suns shall not interfere with pedestrians or vehicular access
and shall not interfere with sight distance at street and driveway intersections.
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.
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 ofproperty 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.
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.
7. The maximum height of a sign in a business district shall be 15 feet.
8. Projecting signs are allowed in the B-1 District directly adjacent to
Minnesota Street and College provided:
52. l l -9
ORDINANCE 52 -ZONING ORDINANCE
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.
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
52.11-10
ORDINANCE 52 -ZONING ORDINANCE
are visible from Interstate 94. These standards are in addition to,
and supersede, other standards contained herein.
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
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.
52.11-11
ORDINANCE 52 - TONING 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 he 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 (~ouncil 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
mentioneci 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 Subdiivision 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: Construction related Sims: Contractor, engineer, architect, supplier financial
institutior.~ and any other construction related signs shall be limited to 32 square feet and shall be
removed two (2) weeks after completion of project or issuance of a certificate of occu~any of the
land or building, whichever occurs first.
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 l 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 maybe 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.
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.
Subd. 16: Banners. Upon application to the Cityi a banner may be permitted to be hung
across the. right-of-w~ at the. two ~ecified locations_des~nated ~ the City to promote local
52.11-12
ORDINANCE 52 -ZONING ORDINANCE
community events only. This ordinance shall not be construed_as authorizing any such si ns or
banners on public ~ropert or on private property other than those specifically authorized by the
C-Y -
_ _ Permit Required. No banner shall be erected, altered, maintained or
moved without first securing a pern-it from the City. The content of the
mesa e or speech displayed on the sign shall be limited to promoting
community events and shall be reviewed or considered in determining
whether to approve or deny a bannerpermit. Application for a permit
shall be in writing addressed to the zoning administrator_and shall
contain the followinc
1~Names and addresses of the applicant(s);
2. The event the banner is meant to promote;
3. The location(sl at which any banner is to be erected:
4. _ The type and content of the banner;
5. A complete set of plans, showingthe necessary elevations, distances,
size and details of the banner;
6. The cost of the banner;
7. Certification by applicant indicating the application complies with all
requirements of the banner ordinance; and
8. __The dates the applicant(s) request the banner be present.
bZ__ _ Approval by Planning Commisson. Banner plans will be reviewed at
regular meetings by the Planning Commisson. In addition, special
meeting_s,_provided applicable fees are paid, can be requested for plan
review. In reviewing the proposed banner, the Planning Commisson
shall consider the following criteria:.
Traffic circulation and pedestrian safety. Banners shall not contain
content or be placed in a manner to obstruct the safety of pedestrians,
motorists, cyclists, or other users of the public streets over which they
are to hang.
2. ___Sign Design and Visual Impact.
3. Construction and Maintenance. All banners must be constructed and
maintained b t~pplicant and must be done in a manner_that results
in professionally finished appearance. All banners shall be constructed
in such a manner and of such material that they shall be safe.
~... ~,... r..,n a .r.o ~. '+ ' a'~
CI'Cii'O~T~21'CLI-I-l2~7'~2'O TG~'T4GITTCTi'G-D'CTl'IITQl"'}J Gl"IIZrCTIT'RIIT7vi~~G4r
ISh'••a~^^ ^^~'~~~'~~~ ~ ~.-All permits not approved or denied within 30 da, sy_shall
be deemed denied. If the permit is denied, the issuing authority shall prepare a
written notice of the denial within I O ~s ~f its decision.
c1 ___ _Application Fee._Thepermit application_fee is listed in Appendix A and
is due won submission of the application.
52.11-13
ORDINANCE 52 -ZONING ORDINANCE
d1 _ Erecting and Removing Banner. -Each applicant is responsible for
hanging and removing an approved banner.- Roadway banners in
support of_community events may be displaced fora ep riod not to
exceed 21 days. All banners must be removed within 48 hours_of the
completion of the scheduled event.
The use of the posts to han~a banner which promotes a community
event will be iven to ~licants on a first commafirst serve basis-
Liability.Insurance/Hold Harmless. Proof of liability insurance in
accordance with this subdivision shall be delivered to the City
Clerk/Administrator prior to issuance of the permit._The applicant must
demonstrate proof of financial. responsibility with regard to liabili~
namin tg_ he City as an insured. The policy of insurance shall be in limits
of not less than th° °*~*~~~^ •'~ ~*~ ^r''~°'~''~* ~^ ~~Y~'~'T,ne
.~ a~~ Iva uixs
million per occurrence.
The liability insurance policy required by this subdivision shall provide that it may not be
cancelled for any cause, either by the insured or the. insurance company without first wing
notice to the Cif in writing of intention to cancel it, addressed to the Cif Clerk/Administrator of
the C"i~_of St Joseph,
~ Liabilit~The applicant(s) shall hold the Cityof St. Joseph harmless
from any and all claims and actions, liti atg_ions, and, from damages
arising out of the erection, maintenance or removal of any banner
allowed under the authority of this ordinance nor shall the City of St.
Joseph be held liable for a claim based upon enforcement of this
ordinance.-
~. Notice of Violation/Assessment of Costs. Notice of any violation of this
ordinance will be sent directly to.the applicant(s) or to th~artywho
failed t_o submit an application in violation of this subdivision. -Violation
of this ordinance is deemed a misdemeanor.
Section 52 l 1 amended 41984{ OS-04-09
52.11-14
CITY COUNCIL RESOLUTION 2009-011
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.11
(Sign Regulations)
"Signs".
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has passed Ordinance 52.11, entitled
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 day of , 200_, by a vote of in favor and opposed.
CITY OF ST. JOSEPH
Alan Rassier, Mayor
By
By
Judy Weyrens, Administrator/Clerk
MEMD
TO: Judy Weyrens
City Administrator
FROM: Tom Jovanovich
City Attorney
RE: City banner/sign
DATE: Apri129, 2009
Can the City allow two locations for a banner sign to hang across Cityright-of--ways for
temporary use within the calendar year when the locations of the posts for the banner are located
on private property? Can it be limited to only allow banners for community festivals and
benefits?
The City seeks to amend its current ordinances to allow two banners to hang over the right-of-
way at or near 2"d Avenue NW and College Avenue or Minnesota Street. The banners would be
limited to information regarding upcoming community festivals and benefits. Said banners may
not be present more than 21 days and must be taken down within 48 hours of the actual event.
Those who wish to hang a banner must provide an application together with a fee to the Planning
Commission for approval and must provide proof that the sign meets building code design.
Liability insurance with the City as a named insured will be required for any posted banner. The
posts used to hang the banners will be placed on private property for a yearly lease fee, or upon
other agreement, for year round use. These posts will be available to the public on a first come
first serve basis for promoting their event.
It appears that the City may allow for banners to be hung over City Street right-of--ways,
however, not over any highwayright-of--way. In State v. Otterstad, 734 N.W.2d 642
(Minn.,2007) the Supreme Court found that appellants' signs were not the type of signs that can
be placed on or near highways. Highway 10 (within which right-of--way appellants placed their
signs) is designated as a trunk highway under 1Viinn.Stat. ~ 161.114, subd. 2 (2006),-and is part of
the National Highway System. Minnesota Statutes § 161.434 (20061 allows the commissioner of
transportation to make agreements for "the limited use" of the right-of--way along trunk
highways, but only for "highway purposes." Appellants had no agreement with the commissioner
and their signs were not placed over Highway 10 during rush hour for "highway purposes." In
addition, under 23 U.S.C. & 131(c) (2000), signs within 660 feet of the right-of--way of a lighway
that is part of the National Highway System are limited to five types.
The City, however, does not wish to hang these banners over highwayright-of--ways or tie these
banners to City light posts or other City structures, but instead wishes to place the poles to secure
the banners upon the private property of City residents.
For the purposes of this ordinance, the City may acquire private property and property rights for
a very small amount of property in which to place the posts by purchase, an easement which is
an interest in land in the possession of another which entitles the owner of such interest to a
limited use or enjoyment of the land in which the interest exists, or by lease agreements.
The proposed amendment is consistent with and does not require any changes to Ordinance 82
entitled Interference with the Obstruction of Right of Ways. That ordinance simply states that no
person shall interfere with, obstruct, or render dangerous for any passage any public street,
highway sidewalk or right of way. Further, although the banner ordinance limits the content of
the banners to promote community events, the Sign Ordinance provides other avenues to
promote separate causes. The granting of applications to use the poles to promote proposed
community events must be completed in an unbiased and equal manner.
The best location for the proposed banner ordinance would be in Ordinance 52:11 entitled Signs.
Please see the attached red-lined changes to that ordinance.
2
February 2, 2009 Extract of Planning Commission Minutes
Sign Ordinance
Public Hearing, Ordinance Amendment -Signs: Kalinowski stated that the purpose of the hearing is to
consider an Amendment to Ordinance 52.11 (Signs). The proposed amendment includes provisions for
Ornamental Banners in the B-1 Central Business District. Full text of the Ordinance Amendment was
available for review at the City Offices or on the City website. All persons wishing to speak will be heard
and written comments may be sent to the City Offices. She stated that no written comments were
received. The proposed amendment is due to a request from the Millstream Shops and Lofts. to hang
banners which are currently not allowed by Ordinance. Allowing banners would allow for additional
signage without a lot of clutter.
Colleen Petters approached the Commissioners as the owner of the Millstream Shops and Lofts. She
provided them with a picture showing the proposed banners which are 20 x 40. Their goal was to make
the Millstream Shops and Lofts to look tasteful in downtown St. Joseph. She agrees with the City that it is
good to have sign restrictions. The proposed signs would be 9'1"above the sidewalk and the purpose
would be to identify the individual shops.
The public hearing was closed.
Rieke questioned whether the support beams are more than 20' apart. He was advised that they are not
closer than 20'. Deutz stated that they amended the Sign Ordinance last year for the Downtown area. The
proposed Ordinance requires that the banners be 10' from the ground; however, most of the buildings are
only 10' tall. He suggested a height restriction of 8-9'. Rieke then questioned whether 8' would allow for
snow removal. It was also suggested that local signage and county signage be reviewed as well for
potential hazards.
Wick questioned the definitions as they all changed due to the addition of ornamental signs. McDonald
stated that the definition should include a size for such. Deutz questioned what exactly an ornamental
banner is as it is not clear by the definition. Weyrens agreed that the definition was left very generic. She
stated that she will look for a better definition. There were some questions relating to the size whether it is
short and long rather than narrow and tall. Meyer clarified that this ordinance is relating to permanent
banners rather than temporary ones. McDonald agreed that it needs to be better defined.
Meyer made a motion to table the approval of the Ordinance Amendment. The motion was
seconded by Rieke.
Discussion: McDonald questioned the possibility of adding banners across Minnesota Street and
whether that would be allowed by Ordinance. He suggested banners to welcome the students or
to be used for large events, similar to how the Christmas decorations are hung. Weyrens stated
that there are some questions about how they would be anchored and who would be liable in the
event that there were damages. In the past, there was a banner across Minnesota Street and it
resulted in damage to a vehicle when it fell and there were sparks on the power line as the
banner blew in the wind. Weyrens advised the Commissioners that the City is always liable. She
stated that this could be re-addressed.
The motion passed unanimously.
April 6, 2009 Extract of Planning Commission Minutes
Sign Ordinance
Sign Ordinance: Weyrens stated that the Commissioners met in February to discuss the proposed
amendment to the Sign Ordinance allowing for banners for the Millstream Shops and Lofts. At that
meeting the Planning Commission requested an alternative definition for Ornamental Banner. The
meeting material included an alternative definition as provided by Cynthia Smith-Strack. Weyrens stated
that she also spoke with the Public Works Director to discuss any potential problems. The Public Works
Director supported the alternative definition provided the lowest point of the banner is eight feet or greater
from the average grade of the property.
McDonald clarified that the signs are limited as the size of the ornamental banner and the distance
between banners. He also stated that the amendments states that the banners "shall contribute to the
aggregate maximum amount of signage allowed within the district". He questioned whether or not the
amount of signage is measured. McDonald also added that he, personally, doesn't like the banner they
have draped over their railing.
The proposed Ordinance has some limits as to the number of signs that are allowed as well as the height.
Meyer stated that it may be better to have the signs at 8' from grade rather than 10'. Weyrens stated that
Thene agreed with that suggestion as well. The proposed ordinance states that they are only allowed to
have one banner every 20'. The Commissioners discussed this and expressed their concern about the
signs looking cluttered. Weyrens advised the Commissioners that they have asked the owners for a
master plan showing the placement of the banners. McDonald suggested that they use the alternate
definition for Ornamental Banners as presented.
McDonald suggested that the Ordinance Amendment include a provision to allow banners to be displayed
across the street in a specific location advertising community events such as the Millstream Arts Festival.
He stated it is his understanding that there is nothing in the Ordinance forbidding such at this time. The
safety concerns can be addressed and he is of the opinion that one accident should not prohibit such
signs. There have been requests for such signs by the College, Chamber and the Millstream Arts
Festival.
Weyrens stated that one of the issues is the poles or devices to which the banner is anchored. The City
does not own the poles and before any signs are displayed the property owner must agree to such.
McDonald questioned whether this type of sign would be considered as a Special Use under the Sign
Ordinance. Weyrens also stated that there are some concerns that the banners may be used for
advertising purposes. McDonald suggested that they only be allowed in the Downtown Business District.
Orcutt stated that the current poles that are used for such banners are not in a good location as there has
been more congestion with the increased number of power poles and high wires. Meyer questioned how
much liability insurance should be carried to allow for such as he does not believe that a million dollars is
enough. Meyer than suggested that the Public Works Director look into different poles for this type of use.
Weyrens stated that Thene is in agreement that the current poles are in dire need of something. She
suggested that they not be allowed until a new spot is found for the placement of the poles. Meyer
suggested that two spots be designated, one along College Avenue and one along Minnesota Street. On
behalf of the Fire Department, Orcutt stated that they would be in favor of having the poles moved. The
Commissioners agreed that if they allow these types of banners, they be allowed under the temporary
sign permit section and the applicant be allowed only one sign per year. Weyrens suggested that this item
be brought back in May for approval.
McDonald made a motion requesting staff draft an Ordinance Amendment allowing signs to be
displayed across the street for specific community events. In addition, the Planning Commission
requested the Public Works Director review potential sites for street cross over banners. The
motion was seconded by Rieke.
Discussion: Rieke stated that he likes the idea of cross over banners; however, he does not
believe it would be a good idea for the City to be involved. He suggested that the City put out a
RFP for a private company to find suitable locations and design and hang the banners. Orcutt
questioned whether or not a civic organization could purchase the poles and turn them over to the
April 6, 2009 Extract of Planning Commission Minutes
Sign Ordinance
City. According to Rieke, it would be best to have a private entity take over. Meyer stated that it
would not be right to make a profit on public right-of--way. McDonald suggested that Public Works
look for a different location for the poles.
The motion passed unanimously.
Meyer stated that one addition he would like added to the sign ordinance relating to construction related
signs is a restriction on the length of time that these signs are up.
Meyer made a motion to include the following language to the Construction signs:
"Contractor, Engineer, Supplier, Architect and Financial Institution related signs be
removed two weeks after completion of the project or when a certificate of occupancy is
issued, whichever occurs first."
The motion was seconded by Orcutt and passed unanimously.
Weyrens stated that she will bring back the resolution as well as a final draft for approval at the next
meeting.
May 4, 2009 Extract of Planning Commission Minutes
Ordinance Amendment 52.11
Sign Ordinance: Weyrens presented the Commission with the revised draft of the amendment to
Ordinance 52.11, Signs. The revised draft has addressed the concerns of the Planning Commission,
revising the definition of Ornamental Banner, including language to limit temporary service (construction,
finance, etc..) and the provision to allow banners across the street. Weyrens stated that the location for
the signs has not been determined as it does not make sense to determine such if the Ordinance is not
approved.
To address the types of signs that will be allowed to be displayed over the street, the Attorney has drafted
language that limits the use to Community Events and each use must be approved by the Planning
Commission and a certificate of insurance must be provided naming the City as an insured. Deutz
questioned the cost of securing an insurance policy and if organizations would be able to afford such an
expense. Weyrens stated that the City doesn't want to make it so that signs cannot be used for
Community Events. However, it comes down to the level of risk the City is willing to undergo. If the city is
willing to accept liability the provision for insurance could be dropped. Meyer questioned the amount of
insurance coverage that would be required as the Ordinance refers to statutory limits. Weyrens stated
that she is uncertain as to the amount but would contact the insurance agent.
Wick questioned the proposed draft to the Ordinance which references that an app{icant seeking approval
to display a banner can request a special meeting to be held, if necessary. He stated that by holding a
special meeting, the fee would need to be increased from the $25. The Ordinance; however, does not say
that any additional fees would apply. He would like to see that verbiage added to that section. According
to Deutz, the whole issue seems cumbersome as they must apply for the permit 30 days prior to the
event; the sign can only be up for 21 days and must be removed within 48 hours. He also stated that, in
the past, they were not required to carry insurance for the sign as the City has insurance. McDonald
advised the Commissioners that the three groups that have requested the use of banners do have liability
insurance.
Weyrens stated that the following changes would be made to St. Joseph Code of Ordinances 52.11:
• Subd. 16 (b): Add language stating that if a special meeting is required it would be subject to all
applicable fees.
• Subd. 16 (b): Remove the following paragraph - "
• Subd. 16 (d): "All banners must be removed witiair~ after 48 hours of the comaletion of the
scheduled event."
McDonald made a motion to recommend Council approval of the amendment to Ordinance 52.11
based on the above changes. The motion was seconded by Deutz and passed unanimously.