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HomeMy WebLinkAbout[05] Sign Ordinancecrry orr s -n ir�Ha'n MEETING DATE: AGENDA ITEM: SUBMITTED BY: Council Agenda Item 5 November 20, 2014 Sign Ordinance Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission has been working on a draft Ordinance since the Joint City Council/EDA/Planning Commission meeting in January. The Commission has fmalized a draft and is recommending the City Council accept the Ordinance for adoption. PREVIOUS COUNCIL ACTION: In November 2013 the City Council placed a moratorium on signs and requested the Planning Commission review sign regulations, forwarding the recommendation to the City Council. BACKGROUND INFORMATION: The extract of minutes from the Planning Commission when the sign Ordinance was discussed have been provided as information. BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Council Action Draft Sign Ordinance Extract of Minutes — Planning Commission REQUESTED COUNCIL ACTION: Provide direction to staff. If the amendment is ready for adoption, two separate motions would be required, one to authorize execution of the amendment and the second to provide for summary publication. 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 potentially 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. 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: 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. 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. Billboard. A free standing sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such a such is located or to which it is affixed. 7. Canopy: a roof like cover often of fabric plastic metal or glass on a support which provides shelter over a doorway. 8. Construction Sign: Any non -illuminated sign that displays information regarding the construction or development of the site on which it is displayed. coffee .shop 9. Directional Sign: A sign intended to facilitate the safe ENTER movement of pedestrians and vehicles into, out of, and around the site on which the sign is located. 10. Dynamic Sign: Any characteristics of a sign that appear to Directional Signage 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, 52.11-3 ORDINANCE 52 — ZONING ORDINANCE "digital ink," or any other method or technology that allows the sign face to present a series of images or displays. 11. Freestanding Sign: Any sign not affixed to a building including but not limited to a ground sign, pole sign, pylon sig , or monument sign. 12. 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. 13. Height of Freestanding Sign: 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. 14. 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. 15. Marquee: any permanent roof like structure projecting beyond a building or extending along and projecting beyond the wall of that building generally designed and constructed to provide protection from the weather. 16. Mobile Sign (Portable Sign): any 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. 17. Monument Sign: 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. 18. 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 proposed to be located in an easement or other appurtenance shall be considered an off -premise sign. 19. Painted Sign: any 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. 52.11-4 Coffee Shop Freestanding Sign Monument signs ORDINANCE 52 — ZONING ORDINANCE 20. Pole Sign: see Pylon Sign. 21. Portable Sign: see Mobile Sign. 22. Projecting Sign: any wall sign that protrudes horizontally more than one (1) foot from the wall to which it is attached. SIGN 23. Pylon Sign: any freestanding sign which has its supportive structures anchored in the ground and which has a sign face elevated above ground Projecting Sign level by poles or beams and with the area below the sign face open. 24. 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. 25. Shimmering Signs: any sign which reflects an oscillating, sometimes distorted, visual image. 26. Temporary Sign: 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 - ft sandwich board signs.. Temporary Sign 27. 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. 28. 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, ;di and which displays only one (1) sign surface. Window Sign 29. Window Sign: any 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. 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: 52.11-5 ORDINANCE 52 — ZONING ORDINANCE a) names and addresses of all applicants and/or owners of the sign and subject property ; 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. i) Fee. A fee set forth by resolution applies to a permit for signs and shall be submitted with the required application. 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 52.07, Subd 6, 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 Subd. 26 of 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 be the same as, or compatible with, the materials and design of the principal building(s) on the property. 52.11-6 ORDINANCE 52 – ZONING ORDINANCE 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. 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 7. Flashing signs 8. Shimmering signs 9. Wall sign h) Pylon signs and off -premise signs shall only be permitted in the designated corridors included in Exhibit "A" of this Ordinance. not be peftnitted i .,n zoning distnet, €xEept as pf!evidea�mder Sttbdivisien 20 of Seetien 52.11 as may be amended. Ali existing exposed pole of! post stfuetufes must be wf!apped of at!ehiteetufe. i) Monument 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 shettid be eenstpdeted of mate6alseitne" the same— the pfineipals*..,,etti e or that asimilar-shall be the same as, or compatible with, the materials and design of the principal building(s) on the property. 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 lessee 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 52.11-7 ORDINANCE 52 — ZONING ORDINANCE 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 and shall be a minimum of ten (10) feet above the average ground level directly beneath the sign. 1) 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 side or rear yard setback requirements of the district in which it is placed. No sign shall be placed within ten (10) feet of a front lot line. 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. 7.T„twitt,s*.,,,ding this provision, TED (Light Ealitt�N� Diode) light displays may be installed without shielding of the light setffee pf!evided that: MW 0 RPM W-1 WMAINNOMM, 52.11-8 a two 52.11-8 ORDINANCE 52 — ZONING ORDINANCE 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 signs. Structural members of the sign, including supports or other decorative features shall not be considered as a part of the measured sign 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 State Statutes Section 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 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 prepesed namic signage in the City, whether new or existing, conforming or non -conforming at the time of adoption of this Ordinance. 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 52.11-9 ORDINANCE 52 — ZONING ORDINANCE messages for less than the time required by subpart (d) of this subsection below. 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. e) Dynamic sign displays shall be no brighter than other illuminated signs in the same district. fl Dynamic sign 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. AM M '11A HIM _ .rrs!�errr.�s�rrrr::!z� _ r��rs:ersi 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: Billboards. All Billboards shall require a conditional use permit. The conditional use permit shall be obtained in accordance with Section 10.17 of this Ordinance. All Billboards must be in conformance with the following standards: a) Billboards must be located within 100 feet of the richt-of-wav of the hiahwa b) Maximum area is 400 square feet, per side. c) Minimum ground clearance is 12 feet. d) Maximum height of a billboard is 36 feet. e) The bottom of the sign face shall be at least twenty (20) feet above the average grade of the property on which the sign is located. fl No part of the billboard structure shall be built upon or over the public ri hg t of - way. g) No billboard shall be permitted within three hundred (300) feet of an adjoining residential district, anypropertybeing guided by the Future Land Use Map as residential or anypublicpark, school, library, church or government building_ h) Minimum distance from other billboards, dynamic or static, is 1,500 feet. i) Minimum distance from street intersection is 100 feet as measured from the right of way. 52.11-10 ORDINANCE 52 — ZONING ORDINANCE j) Minimum distance from adjacent properties is 50 feet. k) Billboards are allowed only in Commercial Districts in the corridors delineated on the Billboard map 1) All billboards must be maintained in good condition and the area around them kept free from debris, overgrown own °ass, and weeds and from anything else which would be a nuisance. All signs must be kept in good repair. Unless constructed of galvanized or non -corroding metal, signs must be treated with appropriate wood preservative or thoroughlypaintedas often as is necessary, consistent with .good maintenance practices. All braces, bolts, clips, supporting frame and fastenings shall be free from deterioration, rot, or loosening. All signs shall be able to withstand safely, at all times, the wind pressure that could occur. 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; except that 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. 52.11-11 ORDINANCE 52 — ZONING 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. 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 front property line, except direction signs which have a zero foot (0') setback. No sign shall be placed within a required side or rear 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 signs 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. 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: 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. R-3 Multiple Family Residential District and R-4 Townhouse/Patio Home Residential District: 52.11-12 ORDINANCE 52 - ZONING ORDINANCE 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: 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. 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. 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 twent �-thirty six (2-036) feet in height, and is setback a minimum ten (10) feet from the property lines. 52.11-13 ORDINANCE 52 — ZONING ORDINANCE 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 twentthirty six (2-036) feet in height, and is setback in no case less than ten (10 )feet from the property lines. The area may be increased to a maximum of one hundred and fifty (15 0) 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 facade to which they are affixed. Subd. 16: B-1: Central Business District: The 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: 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. 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 52.11-14 ORDINANCE 52 — ZONING ORDINANCE 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. 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. 52.11-15 ORDINANCE 52 — ZONING ORDINANCE 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 Signs may be placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations: Wall Signs shall not project above a roof. 2. Wall Signs shall 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 is fi tee Fthirty six (4-536) 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) Freestanding Signs may be erected and maintained provided: 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, 52.11-16 ORDINANCE 52 — ZONING ORDINANCE shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All Freestanding Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Freestanding 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 Freestanding Sign shall be twent f -thirty six (2936) feet. b) 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: 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. Subd. 18: B-3 General Business District: 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) 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: 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) Freestanding Signs may be erected and maintained in conjunction with a principal use provided: 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 Sign except a Directional Sign, 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 52.11-17 ORDINANCE 52 - ZONING ORDINANCE 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 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 Monument Signs, the surface area of the base of any Freestanding 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. 6. The maximum height of a Freestanding Sign shall be twent �-thirty six (2936) feet. b) The following signs are prohibited in the B-3 General Business District: Portable/Mobile/Magnetic Signs 2. Beacons, banners, pennants, search lights, and streamers 3. Flashing or Blinking Signs 4. Roof Signs, except those affixed to parapets. 5. Off -Premise Signs C) Architectural and Design Standards 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 and the bands shall not exceed the maximum sign height allowed in this secion. 2. Signs affixed to the principal or accessory structures shall be composed of materials or textures similar to those of the exterior fagade to which they are affixed. 52.11-18 ORDINANCE 52 — ZONING ORDINANCE 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. Master sign plans are required for all multiple tenant developments and/or structures. 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. 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) Are 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. 52.11-19 ORDINANCE 52 — ZONING ORDINANCE 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. 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 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) 52.11-20 ORDINANCE 52 — ZONING ORDINANCE 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. 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. 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: 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) Freestanding Signs 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), 52.11-21 ORDINANCE 52 — ZONING ORDINANCE 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 Freestanding Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Freestanding 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 Freestanding Sign shall be twen4 f -thirty six (2-036) feet. Subd. 20: Downtown Service Signage Area. a) The City recognizes a need to give motorists general and directional information in the densely developed, pedestrian oriented core of the City in a concise and convenient manner. The pedestrian -oriented core is separate and distinct from vehicular oriented or residential corridors elsewhere in the City. The intense pattern of structural development, the volume of pedestrian activity, the mix of property uses, and activities occurring 24 -hours a day may inhibit conveyance of important messages within the pedestrian -oriented core. To provide a means of effective communications the City hereby establishes a `Downtown Service Signage Area'. b) The Downtown Service Signage Area is illustrated on the Downtown Service Signage Area Map which is hereby incorporated by reference. The area illustrated in the map is described as: those lots fronting on College Avenue and Minnesota Street from a point beginning on College Avenue at the southern terminus of the intersection with CSAH 75, extending south on College Avenue to the intersection of College Avenue and Minnesota Street and then proceeding west along Minnesota Street to the intersection with CSAH 2 as it traverses in a north/south fashion. All four quadrants of the intersection at College Avenue and Minnesota Street are included in the map area. Areas north of the intersection of College Avenue and CSAH 75 are not included in the Downtown Service Signage Area. c) Off -premise signs shall be permitted by special use permit on lots which front on the routes described in the Downtown Service Signage Area Map. Front footage shall be as defined in the City Code, Section 52.04 (Rules and Definitions) as may 52.11-22 ORDINANCE 52 — ZONING ORDINANCE be amended. The standards contained in Section 52.07 and related to special use permits apply. d) Off -premise signs shall be `monument signs' as defined in Subdivision 5 of Section 52.11 as may be amended. Pylon signs are prohibited. e) Off -premise signs shall not exceed fifteerrthirty six (4-536) feet in height or fifty (50) square feet in area per sign face. f) Off -premise signs are limited to two sides (i.e. sign faces) and one monument base. g) No off -premise sign shall be permitted within five hundred (500) feet of an adjoining residential district, any property being guided by the Future Land Use Map as residential or any public park, school, library, church, or government building. h) In no case shall any off -premise signs be placed on the roof of a building or structure. i) Off -premise signs shall be maintained in good, upright condition and sign faces shall be kept free of sagging or peeling. j) Off -premise signs shall be in composed of materials or textures reasonably similar in quality to facades in the immediate vicinity of said sign. k) The City may require off -premise signs be similar is shape, design, and material components so as to promote and retain visual continuity and a sense of place within the Downtown Service Area. Said shape, design, and material components may be represented in a standard developed by the City and hereby incorporated by reference. Subd. 21: Portable Signs. a. 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. b. 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. C. 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. 52.11-23 ORDINANCE 52 — ZONING ORDINANCE d. 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. 22: 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. 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. 23: 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. 52.11-24 ORDINANCE 52 — ZONING ORDINANCE Subd. 24: Non -Commercial Speech. Notwithstanding any other provisions of this sign ordinance, all non-commercial signs of any size may be posted in any number from August 1 in a state general election year until ten (10) days following the state general election, and all signs with a surface area of 50 square feet or less containing non-commercial speech may be posted from eight (8) weeks prior to any special election until seven (7) days following the special election. Signs permitted under this Subdivision shall be set back a minimum distance of no less than fifteen (15) feet from the curb line, shall not be on any public right-of-way, and shall not be permitted on school property or any other public lands. Subd. 25: 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. 26: 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: L 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: 52.11-25 ORDINANCE 52 — ZONING ORDINANCE 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 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 permit application fee as listed City's fee schedule 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 (2 1) 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. 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. 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. 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. 52.11-26 January 13, 2014—Joint EDA, Planning Commission, City Council Meeting Weyrens stated that the purpose of the meeting is have a discussion on the community vision for signage. It has been a while since the City has reviewed the sign regulations and with changing technology and advertising methods it seems appropriate to discuss again. Discussion items should include billboards, static versus dynamic signs, and how much signage per business should be allowed. The current Ordinance identifies different types of signage based on the zoning classifications, which seems appropriate. To help facilitate the discussion, a map has been prepared illustrating the signs adjacent to CR 75 including approximate dimensions. Osberg stated there must be a standard for billboard height. Schultz stated that billboards are currently not allowed to be constructed in the City. Symanietz added that for those billboards that have been grandfathered in, the heights were determined by the speed limit on the road. She added that faster speeds allow for higher heights. Schultz stated that the reason for the meeting is over the past two months both the Joint Planning Board and City have been faced with an issue regarding the conversion of static signs to dynamic signs. The current Ordinances don't specifically address dynamic signs so the Council placed a moratorium on new signs so that the City could consider what regulations should apply. The purpose of this meeting is for visioning. Weyrens stated that the purpose of the meeting was not to review detail or draft ordinances; rather a discussion on the big picture of signs. The Ordinance will be drafted after this discussion. Osberg stated that if you talk to engineers with the billboard companies and ask them what types of billboards are being put at specific speed limits. He added that they should be able to give an average height and size of the billboards constructed at different speed limits. Cobb stated that there are different types of billboards. He said that there are rented spaces where people could come in and contract those advertising spaces, and fixed signs. He asked if any of the signs on the map have rented space. Weyrens stated that it depends on if the signs are on -premise or off - premise. The Perkins and St. Joseph Meat Market signs are off -premise and are contracted. There is an additional half-dozen signs that are rented. Weyrens added that the purpose of the meeting is to not look too much on the mechanics, but to focus more on a vision of what they want to City to look like. Osberg stated that another reason the City is looking at signs is due to the recent Variance request approval for the McDonalds sign. He added that a sign is a sign. Osberg feels that signs should be constructed based on the speed limit. From and EDA standpoint, the developers need to know that there is consistency between St. Joseph's sign regulations and that of other surrounding cities. If St. Joseph put too many limitations, that will be less attractive to developers. Frank stated that he has spent time looking at model codes from sign groups and from the League of Minnesota Cities. He found that many cities are going away from signs. Frank agreed with Weyrens that the meeting is not to focus on the details, but to find out the purpose. He suggested thinking of what to do for different areas and corridors of the City. Once the generalizations are agreed upon they will be given to staff who will then come back with the specifics. He asked if the City even wants a sign Ordinance, or is the City okay without one. Frank added that from the discussions that have taken place, it is a consensus that everyone wants a sign ordinance. Everyone is in agreement that it will be different based upon different corridors, zoning districts, and if the sign is on premise or off -premise. Symanietz mentioned that she has seen other cities removing billboards that were advertising for businesses in surrounding cities. Weyrens added that the Planning Commission has had some real good discussions. She asked if they see a future of billboards out on B2 (Co Rd 75) and B3 (Co Rd 2) commercial areas. Weyrens added that there will be different needs for signs in these areas. Rieke asked how much space is needed between billboards. Weyrens stated that typically it is 1,000-1,300 feet in between signs. Rieke stated that he wouldn't want billboards in the B-2 district. He added whether signs are permitted should be based on the zoning district. Wick added that most of the billboards wouldn't be advertising businesses within the city limits. Frank asked whether grandfathered in billboards could be eliminated by a certain date, or if ownership changed hands. Weyrens stated that you can regulate the repairs and modification, but you can't put a time limit as to when the billboard needs to be taken down. Symanietz stated that if anything the city should require sign owners to upkeep the sign. Rieke stated there is a lot more of the flashing on signs. Should this be allowed both in a billboard sense and from a business sense? Symanietz stated that there have been a lot of studies done on these types of signs. She added that many of the local businesses may not be able to afford the larger signs where as competitors from other cities who can afford will take away from the local business. Weyrens asked if the city wants to see static or non -static sign. Does it matter if the sign is on or off premise? Weyrens added that in the B-2 businesses are allowed to have a free standing advertising sign not to exceed 200 sq ft. Osberg asked if the current ordinance will be revised, or if a complete new one will be created. He added that it is hard to have input when he doesn't know what the original ordinance says. Hausmann asked Osberg what would he like to see if he was given a clean slate? Osberg stated that form an EDA point of view, is whether the City will have a fair developer sign ordinance. He said he doesn't know if it is fair that the McDonalds sign is held to a 15ft sign. He doesn't want to discourage developers from coming to the City. He felt the moratorium was overkill. He added that the digital signs are the sign of today. Dullinger stated that she is a civil engineer and has worked with developers. She added that a clear, rather than fair ordinance needs be developed. Developers are willing to conform to the city Ordinances to an extent and it's a matter of getting clear and consistent definitions across. Dullinger stated that for example going to a town in Arizona, their signs are limited to 12ft in height and it is still working for them. Loso stated that in his opinion digital signs are a norm in the industry and that the City should not concentrate on the digital aspect of the sign. He feels that eventually all signs will become digital. Wick added that off -premise digital signs are regulated, whereas on premise signs are not regulated. They have different standards. Loso stated that some of the feedback he has heard in the past is that we don't want to look like Division Street. He questioned what that meant. Weyrens stated that the newer buildings have updated signs that have a different look to them compared to the signs that older businesses have in town. The idea at the time was to change the landscape coming into town off of 75. Hausmann added that now when he needs to locate a business within a town, he uses his cell phone whereas his dad is looking for billboards and signs to tell him where to go. The younger generation is not looking to signs to find places, they are using their phones. Schultz stated that the City has the opportunity to landscape their signs and to redesign the entrance to the City. There is the opportunity to design the streetscape and how the city should look in the future. Osberg asked if a sign variance would be approved if another business were to want to construct a sign like the McDonalds sign at the same height. Schultz stated that if it was the same situation with the same setback due to the Wobegon Trail, then yes, however every request is different. Cobb asked if everyone is in agreement that there should be different allowances based on the corridor and zoning districts. All present agreed. Frank stated that he thinks everyone agrees that a sign ordinance is needed and that staff should come back with some draft ordinances pending further direction from the Planning Commission. He wants to come up with general regulations. From his research he finds more cities are putting more and more regulations on signs. Weyrens stated that the decision still needs to be made whether to allow billboard or not and does it depend on the type of billboard. The general consensus was to not allow those types of billboards. Hosch stated that he doesn't think that billboards benefit the city. He sees that those who want the billboards are sign people, not businesses and residents of the City. With regard to pylon signs, Weyrens stated that the current Ordinance prohibit pylons sign and the signs are limited to 15 feet in height. She questioned if the members had comments on exclusion and height limit. Symanietz stated that a sign height needs to be determined and be consistent. Osberg stated that the height should be at 30ft to be consistent with the McDonalds sign was approved. Hausmann stated that the reason for the variance approval was due to the setback. Weyrens stated that the Planning Commission will be meeting again to discuss the feedback from this meeting. She asked if the Commission feels they have enough information to go forward to start drafting the Ordinances. Members of the Planning Commission felt they had enough feedback and a good platform to go off of. Rieke stated that he wants to see design rather than pylon signs. He posed the questions as to whether the City should allow the upgrade and maintenance of the billboard off of 75 that is currently on the table. Schultz stated Hosch stated that once the signs are up, there should be regulations in the sign ordinance for upkeep and maintenance of the sign. Schultz agreed. He added that he would rather have an ugly sign that works fully, compared to one that doesn't work. Schultz stated that he would like to see a nice scenic Welcome to St. Joseph marker rather than numerous signs. He agrees with Dullinger that they have the opportunity to change the signage going forward and what they want St. Joseph to look like. Loso asked how people are going to be attracted to the city without signage. He stated that there needs to be signs to advertise for the local business. Schultz stated that there are certain needs for advertising, but he feels that not having signs is not hindering the businesses in the City. There are alternate ways to attract people to the City. Dullinger stated that if the City spends the time to create an attractive gateway to the City, that alone will attract people. The gateway will intrigue people to want to see what is in the City. Frank asked what they want the Planning Commission to take away from the meeting. He added that people today don't need signs to find out what is in a City. For example, he likes the gateway to Sartell off of Pinecone Road, where there are trails and a nice Welcome to Sartell sign. There are no advertisements out there for the businesses within the City. Frank suggested that Cities could advertise on the signs right off the highway where businesses would pay the stated to have their advertisement on those signs. March 3, 2014 Ordinance 52.11 Signs: Weyrens presented the commission with a draft sign ordinance. Weyrens stated that rather than marking up the current ordinance, a new one was drafted. The draft is for discussion purposes and feedback is encouraged in order to give staff direction. Weyrens noted that there are quite a few pages and was unsure if everyone had a chance to review it. The question was asked whether there wanted to be an additional meeting to specifically discuss signs. Rieke stated that the magnitude of this item is hard to grasp when there are so many instances and different situations that apply to signage. Schultz asked if he were to put on a magnetic signs to his vehicle if that would fall under the mobile sign. Weyrens stated that even though it is not specifically identified, it is referred at the end of the mobile sign definition. Rieke added that it is becoming a more common thing for individuals to have advertisement wraps on their vehicles. Schultz stated that in other cities, the heights of the signs are based on the speed limits. Weyrens stated that you cannot have two different height requirements in the same zoning district if the speed limit changes. Hausmann asked how many sign requests are made in a year and how the current sign ordinance regulates these requests. Weyrens stated that there are about a dozen a year and that she could get that information. Weyrens added that enforcement is typically seen with the temporary signs. Killam asked what the difference between the canopy sign, awning sign, and projecting sign. Weyrens stated that the Local Blend has a canopy sign whereas the Laundromat has a projecting sign. Weyrens added that in the B3 area, the EDA is looking at having a master sign plan to regulate the signage. Schultz asked if non -conforming signs should be included in the Ordinance. Weyrens stated that in other cities she found that they do not allow the enhancements to the sign. Schultz asked if the bank would want to enhance their sign, how they would go about doing so. She added that language can be put in to explain what intensification means. Rieke stated that he has been noticing signs more now. He added that some digital signs are out there and have a lot of flashing. Weyrens stated that there is a section in the ordinance that regulates those areas. After that time, it becomes enforcement. Weyrens stated that she will send out a blank table to the Planning Commission for them to write down the different signs in the different zoning districts. Schultz asked how much detail should be in the table. Weyrens stated that they would like to have a lot of detail in the table for an easy reference. Weyrens added that off -premise signs are considered billboards and are not allowed. The ordinance only allows one advertising sign on premise. It does not include off -premise. Schultz stated that some city businesses would benefit for an off premise monument sign directing people to the businesses in the city. Schultz added that he would like to see the Industrial district separated from the business districts in the Ordinance as there are some provisions that apply to industrial but not to the business district. May 5, 2014 Sign Ordinance: Weyrens presented the Commission with a revised draft sign ordinance. The revision has removed previous redundancies and added additional provisions for the B-3 zoning district allowing for exemption from the strict standards of the Ordinance. The relief would be managed through a special use permit process and would be part of a commercial PUD. Weyrens questioned if the Planning Commission would be interested in sending the draft Ordinance to sign vendors to solicit comments before conducting a public hearing. Cobb stated he would encourage feedback from sign vendors. Rieke clarified that the next meeting of the Planning Commission is June 2 and he too supported inviting sign vendors to the meeting for discussion. Weyrens stated that the City Office will provide local sign vendors with the draft ordinance and invite them to provide comments on June 2. In addition the information will be placed on the city website and notice will be provided to the St. Joseph Chamber soliciting information as well. Cobb made a motion to establish an informational session to discuss the draft sign ordinance to be scheduled for Monday, June 2"d, 2014. The motion was seconded by Schaefer and passed unanimously by those present. Weyrens questioned if the Planning Commission had any questions or concerns with the ordinance. Killam asked if the sign height of 15ft is something that the City will be sticking with. Weyrens stated that the current Ordinance indicates that is the maximum, but that is part of the discussion. However, in the B- 3 district there is the option to apply for a variance with the special use due to the interstate speeds. Hausmann added that it will be better to get the end-user feedback first and then go from there. Cobb stressed the importance of getting the information out to sign businesses both within the City and externally. Weyrens added that the Chamber meets next week and she will get the information to them to pass along to their members. June 2, 2014 Sign Ordinance: Weyrens stated 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 local sign companies were emailed drafts of the Ordinance for tonight's meeting for discussion. Killam opened the floor for discussion. Steve Anderson, Franklin Outdoor Advertising, Cold Spring, MN: Anderson approached the Commission thanking the City for reaching out to sign companies on the sign ordinance. As he read through the Ordinance, he noticed a few areas he would like to bring up. Anderson stated that the Ordinance mentions that property values decrease due to billboards. Anderson stated that in his experiences, property that has a billboard on it has increased in value. He added the City needs to clarify more on where billboards will be allowed and not allowed rather than banning them completely. He feels they should be allowed, but regulated. Anderson compiled a list of 20-30 businesses in St. Joseph that are utilizing billboards around the area. He encouraged the City to find areas for billboards, adding that billboard companies don't want to have them right in downtown, rather closer to the highways and interstates. All the area cities allow billboards to some degree. Anderson noted the draft ordinance states the exterior of the sign should blend with the surroundings and relate to the primary buildings. Anderson feels this would add additional costs for businesses as additional cosmetic work would need to be done. Regarding Subd 15(c), Multi -tenant Wall Signs, Anderson stated those signs are typically able to bel 5% of the wall to which it is attached, rather than the 5% that is stated in the draft. Anderson suggested raising the freestanding sign height restriction to 20-25 feet rather than 15 feet. He added that for a 10 foot high sign, the actual sign would only be five feet off the ground and that can lead to vandalism. Cobb asked if Anderson had any experience or understanding of property values of adjoining properties. Anderson stated that it has never been an issue for him and they abide by the setbacks that cities have in the ordinances. Mark Devore, Lamar Advertising: Devore approached the Commission stating that as an outsider, it doesn't look like too much is changing. He agrees with Anderson that there should be certain zoning areas that allow for billboards. Devore added that Lamar operates 5 digital billboards in St. Cloud and they do not want to put any billboards in the downtown area of St. Joseph. Billboard companies are mainly concerned with CR 75, CR2, and along 1-94 once it is annexed. Schultz stated that two of the reasons the City is looking at redrafting the sign ordinance is changing technology (digital) and is does the current Ordinance reflect adequate provisions for signage in the business districts. Devore stated that there is a place for everything. He added that they sat down with Waite Park and they created corridors where signs are allowed. He offered to sit down with the City/Staff to have discussions as well. Tom Conyers, Indigo Signs: Conyers stated he has had a chance to review the sign ordinance. Their company is happy with the ordinance for on premise signs and feels that it is very middle of the road. Weyrens suggested allowing staff an additional month to look at additional sign ordinances and consult with area cities; bringing it back to the July meeting. Schultz added that he is leaning towards allowing off -premise signs in order for businesses downtown to direct business to them. Schultz suggested sitting down with the sign companies to get standards sign sizes in each of the corridors. Weyrens stated that a recommendation needs to be made by the end of October to the City Council. July 7, 2014 Sign Ordinance: Weyrens presented the Planning Commission with additional information regarding the potential sign ordinance amendment. During the last Commission meeting discussion included adding a provision for off premise advertising along specific commercial corridors. At this same meeting sign companies requested the Commission consider finding a location where off premise signs would be allowed. Weyrens stated in discussing the matter with staff, two corridors could be considered: 1. B1 — General Business: To help downtown business, off premise signs could be considered on College Avenue, south of CR 75 to Minnesota Street and then west along MN Street to 2nd Avenue NW. 2. B2 — Highway Business: Consideration could be given to allow along CR 75, requiring a distance between signs of 2000 feet, and further limitthe distance between electronic signs. Weyrens stated that the draft amendment has not been updated to include off premise signs, rather the information is presented at this meeting to determine if it should be included. Hausmann stated that the City could allow off -premise signs, and have them regulated in the Ordinance. Schultz asked if the signs would be regulated by the corridor or zoning district. Weyrens stated that signs can be regulated bywhich corridor they are in. Schaefer agrees that the larger signs should be for the interstate and there can be smaller, informational signs to direct traffic to businesses in the B-1 area. Schultz stated that any business who would want to put up a monument sign could also include off - premise advertisements for other businesses within the City. Schultz questioned how far west along MN Street the B1 Zoning District extends, to which Weyrens stated 2nd Avenue NW. Schultz stated that it appears as though a gap will exist between the downtown area and the B3 zoning near 194. Schultz stated he got an email asking how signs are put up on 1-94. Hausmann stated that they would need permission from the property owner. If the billboard faces the interstate and a permit is needed from MN -DOT. The off -premise signs along the interstate can be done as well with those also going through MN -DOT. Rieke stated he has tried to think of places in the City where signs could go. He is not sure that he wants billboards to be banned as there are good places for them. Schultz stated that there is probably an area in the City for billboards, but he does not know where that is yet. The general consensus of the Planning Commission is to not disallow billboard. Hausmann asked if the City has received any requests from businesses regarding sign. Weyrens stated that there hasn't because businesses know they are not allowed. Hausmann stated that he would keep the ordinance the way it is but to add a provision to allow off -premise advertising via monument signs which will be regulated through the Ordinance. He is against the billboards, but is more for the monument signs to advertise the downtown businesses in St. Joseph. The Planning Commission was in agreement to only allow monument off premise advertising on College Avenue between CR 75 and Minnesota Street and on Minnesota Street West from College Avenue to 194. September 23, 2014 Ordinance Amendments, Sign and PUD: Chair Killam called the hearing to order and stated the purpose of the hearing is to consider amendments to ordinances 52.11 Sign Ordinance and 52.09 PUD Ordinance. The Sign Ordinance Amendment repeals the existing Sign Ordinance and replaces it with a new Ordinance which includes provisions for dynamic signs. Mike McDonald, 213 -13th Ave SE: McDonald approached the Commission stating that there are three positive areas of the new ordinance: 1) illustrations for types of signs; 2) extending the height from 15 feet to 20 feet; 3) Special use permit in the B3 district. McDonald believes there is a long ways to go on the ordinance. He added a good tax base is needed to support the residents of St. Joseph. On the bottom of page 1, there was a new paragraph added, stating signs can be traffic hazards. McDonald stated that driving in any of the area cities, you will see dynamic signs. He added that both the Planning Commission and Joint Planning Board have approved dynamic signs over the past year. The City Council did not agree with the decisions and sent the sign ordinance back to the Commission. McDonald added that the Planning Commission is appointed for specific reasons and he hopes they stick to their guns in realizing the changing technology in dynamic signs. Another section on page 7, no pylon or pole signs are allowed in any district. However, in the new downtown districts, the signs must be conforming to the principal sign structure. Weyrens stated that the provision requiring existing pylon signs to meet the Ordinance requirements should have been stricken. McDonald stated that additionally the ordinance adds that signs cause distractions which could results in accidents. He is unsure where this is all coming from and would like to ask the Police Department how many accidents have resulted from the dynamic signs in town. On page 15 of the ordinance, it states that freestanding signs are permitted. In the freestanding signs definition, it stated it could include pole or pylon signs. McDonald mentioned that at the beginning of the ordinance pole and pylon signs are prohibited. It causes confusion while going through the ordinance. McDonald stated the ordinance should not be this confusing after having it on the table for almost a year. McDonald stated allowance of special use in the B3 district is very good, but feels that it should be allowed in the B2 district as well. He added that off -premise signs should be allowed in both B2 and B3. The new downtown area is the only place to allow off -premise signs. There are regulations to which signs cannot be put up within 500ft of a church, government building, or residential area. He extended an area 500ft out and there is no place a sign would be able to go with those regulations. Troy Rheaume: Rheaume approached the Commission asking why the City is getting so strict in regards to the advanced technology of signs. The new zoning ordinance cites studies done on the distractions that dynamic signs cause, however in his opinion there is no source to the data. Rheaume added that studies he found shows there is correlation between safety issues and dynamic signs. The survey was done for two years and there was no statistical increase in crashes in relation to dynamic signs. Rheaume stated that in 2013 the City approved an electronic sign for the City and they did not have dialog on the safety concerns. He acknowledged that even though the sign was approved, it was never constructed. Since then the regulations have tightened and he is unsure why. He added that you can look at many of the area cities and seeking information from those cities to see if their signs have caused issues at those intersections. He asks the commission to keep an open mind. Dynamic signs have been in the City and when it was good for the city everything was passed unanimously. Steve Anderson, Franklin Outdoor Advertising: Anderson stated his main position is in the billboard side of things. He appreciated the invite from the City to join them at a previous meeting to discuss the ordinance. The draft prohibited billboards. He stated he could come with a list of about 30 St. Joseph business who are advertising using billboards in other cities. He questioned that the city look at the different corridors. Billboards belong on CR75, CR2, and off of 194. He added you can make corridors to allow for billboards in a regulated manner. Nancy Ebel, 29457 Kiwi Court: Ebel appreciates the work the Planning Commission has done on the sign ordinance. She would not like to have dynamic signs, but understands the need for signs in certain areas. Ebel added she appreciates the look and feel of St. Joseph where it is at and does not want to have flashing signs visible in the City. McDonald questioned why a separate license is required for a dynamic sign. There was also a section that includes the allowance of a new sign being built brighter than the old one. He is wondering how that is measured. Anderson stated he also has studies showing that dynamic signs are not a danger factor when it comes to traffic safety. As no one else was wishing to speak, Killam closed the public hearing. Cobb questioned what the ramifications are if the Planning Commission asks for a continuation on the moratorium. Weyrens stated that she would have to check to see if a moratorium can be extended and if show what the process would include. The moratorium ends on November 22, 2105. Cobb stated they have had a number of meetings and input sessions and added he would need to go back and digest the ordinance in order to understand it further. Weyrens stated that the dynamic sign language came from the League of MN Cities sign ordinance Schultz questioned where the 500ft for off -premise signs came from as he doesn't remember it being in prior drafts. Weyrens stated that it was in there earlier, but would double check as she was of the understanding that it mirrors MN Statute. Rieke questioned how long the ban on billboards has been in place. Weyrens stated it has been that way for as long as she can remember. Rieke questioned the City sign referred to by Rheaume. Weyrens stated that in 1997 the City completed the special use permit process to allow an advertising sign in a business zoning district. At that time the City allowed off -premise signs in commercial districts provided they did not exceed the square footage allowed at that time. Therefore the sign the City had was a conforming sign at the time of installation. Dullinger recommended revising the section regarding off -premise signs in the B-3 Zoning District. It is her understanding that the purpose of the section is to allow property owners within the district to construct an off -premise sign and it does not currently read as such. Schaefer thinks it is critical for the businesses along MN to have signs along CR75. Hausmann added that is the main piece he would like to bring to a work session. Other than that, he added the rest of the Ordinance looks good. Rieke stated the City needs to look at the locations of signs rather than sign types. He added that much focus is being placed on the types of signs. He would like to see the locations of the signs be the main focus. The types of signs are different based on technology. Rieke added it would be like regulating the type of siding people use on their house because of advancements in the siding industry. Schultz stated that the ordinance is trying to govern signs in zoning areas. If those standards were to be relaxed, the process would be brought back to the beginning again. The main issue Schultz sees is the allowance of off -premise signs. In the Ordinance, corridors are defined along MN Street and College Ave. He would rather have them along CR2 and CR75. In the meeting in January, the EDA, City Council and Planning Commission started the process for creating a new sign Ordinance and the draft before the Commission at this time reflects the concerns expressed. Rieke stated it is more important to talk about what areas, what sizes, what types of signs, but less about who is going to buy them and whether they are downtown or not. He agrees with Schultz that CR75 is a high priority area due to low residential impact, high traffic counts, and faster speeds. Rieke added that the City needs to be more relaxed as to what types of signs are allowed in these areas and it should not matter what types of sizes are put in the areas. Schultz stated he does not want CR75 to look like other cities where all you see is billboards; however that might be the one corridor where billboards fit. Eventually as the City expands, CR2 will be the same type of corridor as 75 where there will not be much of a residential impact. His goal is to give businesses the ability to advertise outside of the Central Business District with off -premise signs. Cobb questioned what the main concerns the Council had regarding the sign ordinance. He suggested making a list of the outstanding items and concerns of the Council and go over them in a separate meeting prior to the moratorium ending. He wants to get it done right so that when it goes to the Council, they would approve it as well. Schultz responded the concerns of the Council include: non -conforming signs, billboards, corridors, off -premise signs, and dynamic & electronic updates. Schultz made a motion to table further discussion on the sign ordinance. The motion was seconded by Hausmann and passed unanimously. This page intentionally left blank ILt, i'. -----�--' -- N ----- 3i T y �I��I19 ---- m1 -------- N. --- ------ � I� I I i U5D'hX7U51G\DJDOOIIIq OIUOJ1O917 nln7 7CI(1\UOWWOO\-4n IG\C\I.J\:A ZIIWUJSf "V F7:7C:ni h1/17/II/II This page intentionally left blank