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HomeMy WebLinkAbout[08] Sign Ordinance 8 Planning Commission Agenda Item MEETING DATE: June 2, 2014 AGENDA ITEM: Sign Ordinance SUBMITTED BY: Administration STAFF RECOMMENDATION: PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission has reviewed a draft sign ordinance at the March meeting and in January held a joint meeting of the EDA, City Council and Planning Commission to discuss signage. The Planning Commission has reviewed different drafts and at the May 5 meeting agreed to distribute the draft ordinance to sign vendors and the St. Joseph Chamber to solicit information before conducting a public hearing. BACKGROUND INFORMATION: The draft included in the packet includes additional additions and deletions. ATTACHMENTS: Request for Council Action Draft Sign Ordinance REQUESTED PLANNING COMMISSION ACTION: Consider conducting the public hearing on July 7, 2014. This page intentionally left blank ORDINANCE 52 – ZONING ORDINANCE Section 52.11: SIGNS Section 52.11: SIGNS Subd. 1: Purpose. The sign ordinance is intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective communications including business identification. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs that meet the City’s goals. 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. 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. 2. Findings. The City of St. Joseph finds it is necessary for the promotion and preservation of the public health, safety, welfare, and aesthetics of the community that the construction, location, size, and maintenance of signs be controlled. 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. 52.11-1 ORDINANCE 52 – ZONING ORDINANCE 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. e)Regulations controlling “banners” are specifically set forth in Subd. 16 of this Ordinance. 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. The Following words and terms shall have the meanings ascribed to them in this section: 1.Sign: Any writing, pictorial presentation, number, illustration or decoration, flag or other device that is used to announce, direct attention to, identify, advertise, or otherwise make anything known. The term “sign” shall not be deemed to include the terms “building” or “landscaping,” or any architectural embellishment of a building not intended to communicate information. 52.11-2 ORDINANCE 52 – ZONING ORDINANCE 2.Awning sign: A sign constructed of flexible translucent or fabric- type material that incorporates a written message or logo on the exterior. 3.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. 4.Banner: attention-getting device which is of a nonpermanent paper, cloth, vinyl, or plastic like consistency used to promote a specific community event. 5.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 persons using said ballpark for its intended purposes, and (5) that does not otherwise interfere with persons using said ballpark for its intended purposes. 6.Canopy: a roof like cover often of fabric plastic metal or glass on a support which provides shelter over a doorway. 7.Construction Sign: Any non-illuminated sign that displays information regarding the construction or development of the site on which it is displayed. 8.Directional Sign: A sign which contains no advertising and is intended to facilitate the safe movement of pedestrians and vehicles into, out of, and around the site on which the sign is located. 9.Dynamic Sign: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink,” or any other method or technology that allows the sign face to present a series of images or displays. 52.11-3 ORDINANCE 52 – ZONING ORDINANCE 10.Freestanding Sign: Any sign not affixed to a building including but not limited to a ground sign, pole sign, pylon sign, or monument sign. 11.Flashing Ssign: 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. 12.Height of Freestanding Sign: The actual distance from the average horizontal grade at the base of the sign to the highest point of the sign, including any structure or architectural component of the sign. 13.Illuminated Sign: any sign which has characters, letter figures, designs, or outlines illuminated by electric lights or luminous tubes as part of the sign proper or by indirect lighting. 14.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. 15.Mobile Sign (Portable Sign): Aany sign designed or intended to be moved or transported by trailer or on wheels. A sign may be a mobile sign even it if has wheels removed, was designed without wheels, or is attached temporarily to the ground, a structure, or other sign. Signs mounted on a vehicle for advertising purposes, when the vehicle is parked an divisible from public right-of-way, except signs identifying a business when the vehicle is being used in the normal day-to-day operation of that business. 16.Monument sSign: any 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. 17.Off-premise sign: any 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 52.11-4 ORDINANCE 52 – ZONING ORDINANCE proposed to be located in an easement or other appurtenance shall be considered an off-premise sign. 18.Painted Sign: Aany sign painted directly on the outside wall or roof of a building or on a fence, rock, or similar structure or feature in any zoning district. 19.Pole sSign: see Pylon Sign. 20.Portable Sign: see Mobile Sign. 21.Projecting Sign: anyA wall sign that protrudes horizontally more than one (1) foot from the wall to which it is attached. 22.Pylon sSign: 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. 23.Sandwich bBoard sSign: 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. 24.Shimmering sSigns: any sign which reflects an oscillating, sometimes distorted, visual image. 25.Temporary sSign: any 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. 26.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. 27.Wall sSign: 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. 28.Window Sign: Aany sign placed on the interior of a window or painted on a window such that it can be read from the outside of the building. 52.11-5 ORDINANCE 52 – ZONING ORDINANCE 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 zZoning aAdministrator, and shall contain the following information: a) names and addresses of all the applicants and/or owners of the sign and subject property 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. The zZoning aAdministrator 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 52.07, Subd 6525 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 sSubd. 23 of this ordinance Section 52.11, as may be amended, and pertaining to community event banners. b) The design and materials of any sign shall be consistent with the building materials requirements of the district in which the sign is located, and shall the 52.11-6 ORDINANCE 52 – ZONING ORDINANCE same as, or compatible with, the materials and design of the principal building(s) on the property. c) Signs shall not be constructed or maintained in a manner which obstructs traffic visibility 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) 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 21 of this Section 52.11, as may be amended. g) 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 h) Pylon signs and off-premise signs shall not be permitted in any zoning district. All existing exposed pole or post structures must be wrapped or faced with stucco, architectural metal, brick, or stone consistent with building architecture. i)Monument Marquee Signs: 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 similar. j) Signs which may be or may hereafter become rotted, unsafe, or unsightly shall be repaired or removed by the property 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 52.11-7 ORDINANCE 52 – ZONING ORDINANCE 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. k) No sign shall project more than two (2) feet over a public sidewalk. l) Signs shall not be located on the roof of a building. m) Signs that are painted directly on the surface of a building may be permitted in business zoning districts provided that the area of the painted sign be calculated as part of the maximum total permitted wall sign area for the building. n) No sign shall violate the front, side, or rear yard setback requirements of the district in which it is placed. o) No sign shall exceed 200 square feet in surface area. p) 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. q) Ballpark signs shall be allowed only on those ballparks that are primarily used to host baseball and/or softball games. Subd. 8: Illuminated Signs: Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, building, or streets. Notwithstanding this provision, LED (Light Emitting Diode) light displays may be installed without shielding of the light source provided that: 1)Unshielded LED light displays may only be located on properties within the B3, General Business District. 2)Unshielded LED lights are not installed in any area that abuts residentially zoned property. 3)Unshielded LED lights are not installed in such a way as to direct light towards residentially zoned property within 500 feet of the light source. 4)Unshielded LED lights may not exceed a maximum illumination of 5000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits between dusk to dawn as measured from the sign’s face at maximum brightness; 5)Dimmer Control. Unshielded LED lights must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower 52.11-8 ORDINANCE 52 – ZONING ORDINANCE level for the time period between one half-hour before sunset and one half-hour after sunrise. Subd. 9: Square footage Calculation (Total Area= A x B): a)For wall signs, the area of a sign shall be that area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures, or symbols attached directly to the part of a building, which is included in the smallest rectangular figure which can be made to circumscribe the message, figure, or symbol displayed thereon:. b)For monument signs, area shall be calculated as for wall signhs. Structural members of the sign, including supports or other decorative features shall not be considered as a part of the measured signh area: c)For pylon signs, the entire area of the sign face or cabinet shall be considered as a part of the measured sign area. Structural supports, provided that they have no message or other graphics, shall be exempt from the area calculation. Subd. 10: Landscaping: A site plan shall be submitted as part of any application for a freestanding sign which includes plans for the landscaping of the area near the sign, and which demonstrates that the sign will complement the existing or proposed general site landscaping of the property. Subd. 11: Vehicle Fuel Facilities: Signs for vehicle fuel facilities shall be regulated by the sign provisions for the zoning district in which the facility is located, except that within a freestanding sign, and area not to exceed sixteen (16) square feet shall be allowed for continuous display (no flashing, scrolling or other animation) of electronic or non-electronic changeable copy identifying current fuel prices in accordance with Minnesota sState sStatutes sSection 239.751, as may be amended. Subd. 12: Dynamic Displays 1)Findings: Based on studies related to the use of dynamic sign displays and driver distraction, the City finds that dynamic signs, as defined by this Section e zoning ordinance, have a unique potential to create driver distraction, a major cause of traffic crashes. As a result, the City has adopted special regulations that relate to such signs. These regulations shall apply to all proposed dynamic signage in the City, whether new or existing, conforming or non-conforming at the time of adoption of this oOrdinance. 2)Regulations governing Dynamic Sign Displays a)Dynamic sign displays shall have messages that change instantaneously, and do not fade, dissolve, blink, or appear to simulate motion in any way. Prohibited blinking signs shall include signs which are displayed as continuous solid messages for less than the time required by subpart (d) of this subsection below. 52.11-9 ORDINANCE 52 – ZONING ORDINANCE The exception to this regulation is the allowance of messages that appear to scroll horizontally across the sign, but are otherwise in compliance with the requirements of this ordinance. b)Dynamic sign displays shall not be permitted in any Residential zoning district c)Dynamic sign displays shall be permanent signs d)No dynamic sign display shall change more than one time per three (3) second period; time and temperature displays may change as frequently as once every three (3) seconds. e)Dynamic sign displays shall be no brighter than other illuminated signs in the same district. f)Dynamic signs displays shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the City that the display violates the City’s regulations. g)Applicants for dynamic sign displays shall sign a license agreement supplemental to the building permit agreeing to operation of a sign in conformance with these regulations. Violation of these regulations shall result in forfeiture of the license, and the City shall be authorized to arrange disconnection for electrical service to the facility. h)No dynamic sign display shall be permitted to be located in a yard or on the side of a building which abuts a residentially zoned parcel. Subd. 13: 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. 52.11-10 ORDINANCE 52 – ZONING ORDINANCE 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. 14: 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. 15: Design Standards for Residential Zoning Districts. The general provisions of Section 52.11 apply to all signs within Residential Zoning District. In addition the following standards apply. 1. General Provisions applying to all residential zoning districts: a)No sign shall be placed closer than ten feet (10’) to any property line, except direction signs which have a zero foot (0’) setback. b)No sign shall be placed in any required interior side yard. c)No sign shall be mounted on the roof of a building. d)Flashing or rotating sings resembling emergency vehicles shall not be permitted. e)Illuminated signs are not allowed. 2. R-1 Single Family Residence District and R-2 Two Family Residential District a)No advertising or business signs shall be permitted, except signs advertising a permitted home occupation limited to an overall area of six (6) square feet. 52.11-11 ORDINANCE 52 – ZONING ORDINANCE b) Subdivision Monument Sign: One unlighted sign having a surface area not exceeding fifty square feet (50’) per face with an aggregate total of one hundred (100) square feet and a height not exceeding eight feet (8’) per vehicle entrance identifying each subdivision or housing development. Such signs are subject to the following provisions: 1. Landscaping must be provided around the base of the sign. 2. The entrance to a development shall be one that abuts a collector or arterial road. 3. R-3 Multiple Family Residential District and R-4 Townhouse/Patio Home Residential District: a)No advertising or business signs shall be permitted, except signs advertising a permitted home occupation limited to an overall area of six (6) square feet. b) Subdivision Monument Sign: One unlighted sign having a surface area not exceeding fifty square feet (50’) per face with an aggregate total of one hundred (100) square feet and a height not exceeding eight feet (8’) per vehicle entrance identifying each subdivision or housing development. Such signs are subject to the following provisions: 1. Landscaping must be provided around the base of the sign. 2. The entrance to a development shall be one that abuts a collector or arterial road. c)One area identification sign for each multiple-residential complex consisting of three or more units. . 1.Such signs shall have a surface area of all faces not exceeding an aggregate of fifty (50) square feet. 2.The height of the sign shall not exceed eight (8) feet. 3.Landscaping must be provided around the base of the sign. 4.The entrance to a development shall be one that abuts a collector or arterial road. 5.Sign content shall be solely for displaying the name of the apartment complex. d)Wall Sign: One wall sign shall be allowed for the purpose of street identification. Such sign cannot exceed twelve (12) square feet. 52.11-12 ORDINANCE 52 – ZONING ORDINANCE Subd. 15: Permitted Signs; Business Districts. The following provisions apply to all 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 fifteen (15) percent % of the area of the wall to which the sign is attached, to a maximum of ninety-six (96) square feet. b) Monument Signs. Each tenant other than those in multi-tenant buildings may have a monument sign that shall not exceed eighty (80) square feet in surface area, and fifteen (15) feet in height, and is setback a minimum twentyten ( 2010) 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 five (5) percent% of the area of the wall to which they are attached. d) Multi-Tenant Monument Signs. One (1) monument sign shall be permitted for each multi-tenant building provided the surface area of the sign does not exceed one-hundred (100) square feet, per side, and fifteen (15) feet in height, and is setback in no case less than twentyten ( 20 10 )feet from the property lines. The area may be increased to a maximum of one hundred and fifty (150) square feet per side for developments of over twenty (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. f) Signs affixed to principal or accessory structures shall be composed of materials or textures similar to those of the exterior façade to which they are affixed. Subd. 16: B-1: Central Business District: The following general provisions apply to all signs within the Central Business District.general provisions of Section 52.11 apply to all signs within the B-1 Central Business District. In addition the following standards apply. a) Business signs may be erected and maintained in conjunction with a commercial use provided: 1. Signs shall have a surface area not exceeding fifty (50) square feet per sign face with an aggregate total not to exceed one-hundred (100) square feet if double faced. 52.11-13 ORDINANCE 52 – ZONING ORDINANCE 2. Such sign except a directional sign, is erected only on the premise on which the use, to which the sign relates, is conducted. 3. Notwithstanding the above, where two or more separate and individual businesses are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivision a) and b) of this Section, except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. For the purpose of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All freestanding Business Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Business Sign shall not exceed twenty-five (25) percent% of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. b) Projecting signs are allowed in the B-1 District directly adjacent to Minnesota Street and College Avenue provided: 1) The projecting sign does not extend beyond the first floor of the building. 2) No less than ten (10) feet of clearance is provided between the highest point of the sidewalk and the lowest point of the projecting sign. 3) Cumulative projecting sign area is not greater than twelve (12) square feet and maximum sign width not greater than three (3) feet. 4) Maximum distance between a projecting sign and the building face doesn’t exceed one (1) foot. c) Sandwich Board Signs are allowed only in the B-1 District directly adjacent to Minnesota Street and College provided: 1) No more than one (1) sandwich board sign shall be allowed for each tenant on a parcel of property. 2) The sandwich board sign does not exceed thirty-six (36) inches ” in height or thirty (30) inches ” in width. 52.11-14 ORDINANCE 52 – ZONING ORDINANCE 3) The sign is displayed only during normal operating hours of the business on the parcel of property on which the sign is located. 4) The sign does not require any form of electricity or display lights or moving parts. 5) 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. 6) The sign is made of weather and wind resistant materials of superior quality. 7) The sign is not affixed to the sidewalk, other signage, or temporary or permanent structure. 8) The maximum aggregate square footage of allowable sign area is not exceeded. 10) 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. d) Wall sSigns may be placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations:shall not project above the roof. 1. 1. Wall Signs shall not project above a roof. 1.2.That the Wall sSigns doesshall not exceed one (1) square foot per lineal lot front foot or fifteen percent (15%) of the building frontage area, or fifty (50) square feet whichever is the lesser. e) Maximum Freestanding Sign height of a sign is fifteen (15) feet above ground. Subd. 17: B-2 Highway 75 Business District: In the B-2 Highway 75 Business District, the general provisions of Section 52.11 apply to all signs. In addition the following standards apply. a) Business and Wall signs may be erected, attached or painted on to a structure and Advertising signs shall be prohibited. They are defined as follows: 1. Business Sign. A sign that is related to the business located on the same property to which it is located. 2. Wall Sign. A sign painted or placed against or attached to the exterior 52.11-15 ORDINANCE 52 – ZONING ORDINANCE wall surface of a building or structure. 3. Advertising Sign. A sign which directs attention to a business, profession, commodity, service or entertainment which is sold or offered on a premise other than that on which the sign is located. ba) Business Freestanding Ssigns may be erected , attached or painted on to a structure, and maintained in conjunction with a commercial use provided: 1. Signs shall have a surface area not exceeding one hundred (100) square feet per sign face with an aggregate total not to exceed two hundred (200) square feet if double faced. 2. Such sign except a directional sign, is erected only on the premise on which the principal use, to which the sign relates, is conducted. 3. Notwithstanding the above, where two (2) or more separate and individual businesses are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivision a) and b) of this Section, except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. For the purpose of this subdivision, a combination of two (2) or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All fFreestanding Business Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Freestanding Business Sign shall not exceed twenty-five (25) percent % of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. 5. The maximum height of a BusinessFreestanding Sign shall be fifteen (15) feet. cb) Wall signs may be placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations: 1. That the wall sign does not exceed one and one-half ( 1 ½) square feet per lineal lot front foot or fifteen percent (15%) of the building frontage area or seventy five (75) square feet, whichever is the greatest. 52.11-16 ORDINANCE 52 – ZONING ORDINANCE 2. Wall signs shall not project above the roof. Subd. 18: B-3 General Business District: In the B-3 General Business District, the general provisions apply to all signs.The general provisions of Section 52.11 apply to all signs within the B-3 General Business District. In addition the following standards apply. a) a) Wall Signs. Wall signs may be placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations: 1. That the wall sign does not exceed one and one half (1 1/2 ) square feet per lineal lot front foot or fifteen percent (15%) of the building frontage area or seventy five (75) square feet, whichever is the greatest. 2. Wall signs shall not project above the roof. b) Business Freestanding sSigns may be erected and maintained in conjunction with a principal commercial use provided: 1. Signs shall have a surface area not exceeding one hundred (100) square feet per sign face with an aggregate total not to exceed two hundred (200) square feet if double faced. 2. Such Freestanding Ssign except a dDirectional sSign, is erected only on the premise on which the principal use, to which the sign relates, is conducted. Off Premise Signs are prohibited. 3. Notwithstanding the above, where two (2) or more separate and individual businesses are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivision a) and b) of this Section, except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. For the purpose of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All fFreestanding Business Signs shall be landscaped around the base, shall blend into the natural features of the lot on which they are contained and shall be consistent with the master landscaping plan of the development. 5.Except for mMonument sSigns, the surface area of the base of any 52.11-17 ORDINANCE 52 – ZONING ORDINANCE Freestanding Business Sign shall not exceed twenty-five (25) percent % oof the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. 6. The maximum height of a Freestanding Business Sign shall be fifteen (15) feet. b)The following signs are prohibited in the B-3 General Business District: 1.Portable/Mobile/Magnetic Signs 2.Beacons, banners, pennants, search lights, and streamers 3.Flashing or bBlinking sSigns 4.Roof sSigns, except those affixed to parapets. 5.Off-Premise sSigns c)Architectural and Design Standards 1.Principal buildings shall feature sign bands as an integral part of the exterior architecture. Signs affixed to principal structures shall be placed within said sign bands. 2.Signs affixed to the principal or accessory structures shall be composed of materials or textures similar to those of the exterior façade to which they are affixed. 3.Building sign and color palettes shall be analogous with a color employed on the facade to which they are affixed. Analogous colors are those that are next to each other on a color wheel as opposed to complementary colors which are opposite of one another on the color wheel. d)Master Sign Plan Required for Multiple Tenant Occupancies. 1.Master sign plans are required for all multiple tenant signs as provided for under sSubd. ection 18 (a) 3 of this OrdinanceSection. 2.Sign placement and material for multiple tenant signs shall be uniform and consistent with the development. 3.All signs contained in the Master Sign Plan shall conform to the architectural, design, location, and performance standards of the Ordinance. e)Comprehensive Sign Plan – Special Use Permit. 52.11-18 ORDINANCE 52 – ZONING ORDINANCE 1.The comprehensive sign plan special use process is only applicable to the B-3 District and is an alternative to the strict adherence of the regulations contained in this Ordinance. 2.Applicants may request a special use permit, as provided by Section 52.07 of the City Code, as may be amended, to allow signage which is not in strict compliance with the provisions of the B-3 District applicable to signage but which is appropriate to the character of the development. 3.The comprehensive sign plan special use permit process is intended to encourage a flexible procedure to review area-wide signage plans that: A)Are appropriately related to the overall character of the development. B)Provide adequate identification and information, C)Maintain an acceptable visual environment, D)Promotes traffic safety, and E)Consistent with the purpose and intent of this Ordinance. 4.The comprehensive sign plan special use permit, or any modification thereto, may contain such conditions, requirements or standards that may be stipulated by the City Council to assure that signs covered by the plan will not be detrimental to persons or property in the vicinity, or to the public welfare. 5.The City Council shall only consider approval of a comprehensive sign plan after receiving a recommendation from the Planning Commission. 6.Criteria for Special Use Permit review: A)Consistency with the Architectural and Design Standards contained in this Ordinance. B)Sign Location and position: All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include: i. The purpose of the sign, ii.Its location in relation to traffic movement and access points, iii.Its location in relation to site features and structures, and iv.Sign orientation relative to viewing distances and viewing angles. 52.11-19 ORDINANCE 52 – ZONING ORDINANCE C)Quantity i.The quantity of signs approved under a special use permit shall be no greater than that required to provide project identification and entry signs, internal circulation and directional information to destinations and development sub-areas, and business identification. Factors to be considered shall include the size of the development, the number of development sub-areas and the division or integration of sign functions. ii.The number of signs approved under a special use permit shall in no case exceed one hundred and twenty-five (125) percent of that allowed under the traditional review process within the B-3 District. D)Size i.Signs shall be larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display (location and height), lettering style and the presence of distractive influences. ii.No sign approved shall exceed the maximum height standard for signs contained in the B-3 District by more than fifty (50) percent. iii.No sign or combination of signs approved under a special use permit shall exceed one hundred twenty-five (125) percent of the maximum area standard allowed on the site through the traditional review process. E)Review Process. The review process shall be as prescribed in Section 52.07, Subd. 3 of the St. Joseph City Code relating to the processing of special use permits as may be amended. F)Comprehensive Sign Plan Amendments. Minor amendments to comprehensive sign plans allowed under a Special Use Permit shall be reviewed by the Zoning Administrator and do not require a public hearing provide the proposed changes: i.The proposed signage change meets all standards prescribed in the Special Use Permit. ii.The proposed signage change meets all other standards or requirements set forth in this section of the City Code. iii.The proposed signage change will not increase the number of signs, the height of signs or the sign area authorized under the application Special Use Permit. 52.11-20 ORDINANCE 52 – ZONING ORDINANCE Subd. 19: LI- Light Industrial District: The general provisions of Section 52.11 apply to all signs within the LI Light Industrial District. In addition the following standards apply.In the LI-Light Industrial District, the general provisions apply to all signs. a) Wall Signs. Wall signs may be placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations: 1. That the wall sign does not exceed one (1) square feet per lineal lot front foot or fifteen percent (15%) of the building frontage area or seventy five (75) square feet, whichever is the greatest. 2. Wall signs shall not project above the roof. b) Business or CommercialFreestanding Signs 1. Freestanding Signs shall have a surface area not exceeding one hundred (100) square feet per sign with an aggregate total not to exceed two hundred (200) square feet if double faced. 2. Such sign except a directional sign is erected only on the premises on which the principal use, to which the sign relates, is conducted. 3. Notwithstanding the above, where two (2) or more separate and individual commercial operations are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivisions a) and b), except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. In addition to these individual business signs, the combination of business operations occupying the structure, may maintain a fifty (50) square foot sign detached from the structure identifying the structure, the individual business operations located therein, or other reference to the combination of business operations located within the structure. For purposes of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All fFreestanding Business Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any BusinessFreestanding Sign shall not exceed twenty-five (25) percent % of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. 52.11-21 ORDINANCE 52 – ZONING ORDINANCE 5. The maximum height of a Business Freestanding Sign shall be fifteen (15) feet. Subd. 20: Special and Temporary Signs. a. One (1) identification sign not exceeding thirty-five (35) square feet in area for the following uses: church, school, or similar uses. Such signs shall be solely for the name and of the use and its activities and may be illuminated but not flashing. 2. Temporary signs advertising a new subdivision development limited to the following: (1) maximum size shall be thirty-two (32) square feet in surface area, (2) maximum height of fifteen (15) feet above ground level. 3. Real estate signs, including signs advertising the sale or rental of premises, are permitted provided the area on one side of any such signs shall not exceed six (6) square feet. 4. Temporary signs of contractors, architects, mechanics, special events and artisans are permitted, provided that such signs shall be removed promptly upon completion of the work and further provided that such signs shall not exceed thirty-two (32) square feet in area. Subd. 21: Portable Signs. 1. Definition. A portable sign is one that is movable from one location to another and is not permanently affixed to the ground, sales display device, or structure. 2. Permit Required. A business seeking to use or display a portable sign shall obtain a permit from the City for the period of display. Permits will specify the length of time the sign will be displayed, location of the sign, and business applying to use the sign. 3. Length of Use. The duration of time a portable sign can be located on a property is limited to a maximum of forty (40) days in any one calendar year. 4. Size. A portable sign shall not exceed 50 square feet which accounts for all letters, numbers and attachments; excluding material required to support the sign. Subd. 2022: 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 52.11-22 ORDINANCE 52 – ZONING ORDINANCE 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. 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. 2123: 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. 2224: 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 52.11-23 ORDINANCE 52 – ZONING ORDINANCE 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. 2325: 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. 2426: Banners. Upon application to the City, a banner may be permitted to be hung across the right-of-way at the two specified locations designated by the City to promote local 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 Committee. Banner plans will be reviewed at regular meetings by the Planning Committee. In addition, special meetings can be requested for plan review. In reviewing the proposed banner, the Planning Committee 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 52.11-24 ORDINANCE 52 – ZONING ORDINANCE professionally finished appearance. All banners shall be constructed in such a manner and of such material that they shall be safe. All permits not approved or denied within thirty (30) days shall be deemed denied. If the permit is denied, the issuing authority shall prepare a written notice of the denial within ten (10) days of its decision. c) Application Fee. An applicable The permit application fee ias listed in Appendix ACity’s fee schedule and is due upon submission of the application. d) Erecting and Removing Banner. Each applicant is responsible for hanging and removing an approved banner. Roadway banners in support of community events may be displayed for a period not to exceed twenty-one (21) days. All banners must be removed within 48 hours 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/Administrator prior 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. f) g)e)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 giving notice to the City in writing of intention to cancel it, addressed to the City Clerk/Administrator of the City of St. Joseph. h)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 be held liable for a claim based upon enforcement of this ordinance. i)g)otice of Violation/Assessment of Costs. Notice of any violation of this N 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. 52.11-25 City of Saint Joseph Memo From: Judy Weyrens, Administrator Date: May 19, 2014 Re: Draft Sign Ordinance In November 2013 the City Council placed a moratorium on electronic/digital/dynamic sign and requested the Planning Commission review the existing sign regulations and study the impact of including regulations for dynamic signs. Since that time the Planning Commission has discussed signs regulations and how they should be regulated. At this time the Planning Commission has a draft Ordinance and are soliciting input from various sign vendors before conducting a public hearing. Monday, June The Planning Commission is inviting you to be part of the sign discussion on 2, 2014 at approximately 6:50 PM in the City Council Chambers. A copy of the draft Ordinance has been included. Written comments can be email to me at jweyrens@cityofstjoseph.com or by postal mail at City Offices, PO Box 668, St. Joseph MN 56374 . City of Saint Joseph ◘ 25 College Avenue North ◘ PO Box 668 ◘ Saint Joseph, Minnesota 56374 Judy Weyrens From:Colleen Hollinger Petters <colleen@collegeville.biz> Sent:Wednesday, May 21, 2014 8:17 PM To:Judy Weyrens Cc:Becka Broste Subject:RE: Chamber info Hi Judy, absolutely. We can make a link to this and invite members to submit comments. It will go out by the end of this week. Colleen Colleen Hollinger Petters 320.290.5363 -------- Original message -------- From: Judy Weyrens Date:05/21/2014 4:59 PM (GMT-06:00) To: 'Colleen Hollinger Petters' Subject: Chamber info Good Afternoon Colleen – The Planning Commission has finished the draft Sign Ordinance and are soliciting input from sign vendors and local businesses. The front page of the City website (www.cityofstjoseph.com) has link to the draft Ordinance. It is located on the bottom in the middle – the news flash section. Is there a way to get this information to the chamber members? Any help would be appreciated. Thanks Judy Weyrens, Administrator City of St. Joseph PO Box 668 St. Joseph MN 56374 (320) 363-7201 (Office) (320) 363-0342 (FAX) 1 Judy Weyrens From:St. Joseph Chamber <stjosephchamber@gmail.com> Sent:Friday, May 23, 2014 8:37 AM To:Judy Weyrens Subject:Feedback Request from the City of St. Joseph Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet. Feedback Request from the City of St. Joseph Good Morning Chamber Members - The Planning Commission has finished the draft Sign Ordinance and are soliciting input from sign vendors and local businesses. The front page of the City website (www.cityofstjoseph.com) has link to the Draft Ordinance. It is located on the bottom in the middle - the news flash section. The City administration is hoping to learn what you think. You can participate and help by simply clicking on the link below, and completing the on-line survey now! Thank you for your input! http://www.cityofstjoseph.com/ St. Joseph Area Chamber of Commerce P.O. Box 696, St. Joseph, MN 56374 stjosephchamber@gmail.com Thank you for your support. Forward this email 1