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St. Joseph Planning Commission
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Monday, May 10, 2021
6:00 PM
St. Joseph Council Chambers
75 Callaway St E
**The meeting will also be offered through Zoom**
1.Call to Order
2.Pledge of Allegiance
3.Agenda Review and Adoption
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4.Approve Minutes – April 12, 2021
5.New Business
a.Public Hearing – Fence ordinance amendments
b.Public Hearing – Activities within easement areas ordinance amendments
c.Public Hearing – Sign ordinance amendments
6.Old Business
7.Other Business
8.Adjourn
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75 Callaway Street East | Saint Joseph, Minnesota 56374
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Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363-0342
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April 12, 2021
Page 1 of 2
1 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met
2 on Monday, April 12th, 2021 at 6:01 PM. in the St. Joseph CityHall opening with the Pledge of
3 Allegiance.
4 Planning Commission Members Present: Commissioners Chad Hausmann, Mike Osterman, Mike Ross,
5 Anne Jarrell, Carmie Mick, Brian Theisen, Gina Dullinger
6 Staff Present: Nate Keller Community Development Director
7 Members Absent: None
8 Approval of the Agenda: Osterman made a motion to approve the agenda. The motion was
9 seconded by Jarrell and passed unanimously by those present.
10 Approval of the Minutes:
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11 Osterman made a motion to approve the minutes of March 16, 2021. The motion was seconded
12 by Jarrell and passed unanimously by those present with Commission member Hausmann
13 abstaining.
14 New Business
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16 a. Public Hearing, Ordinance amendments – Site Plan amendments
17 Keller provided an overview of the proposed amendments. The amendments will exempt projects of
18 certain sizes from site plan application allowing those projects to go straight to Building permit submittal.
19
20 Hausmann opened Public Hearing at 6:06 P.M..
21 Hausmann closed the Public Hearing at 6:07 P.M.
22
23 Ostermann made a motion to approve the Site plan ordinance amendments. The motion was
24 seconded by Mick. The motion was then passed unanimously by those present.
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26 Old Business
27 a. Outdoor dining ordinance - revisions
28 Keller briefed the Commission members on suggested revisions made by Council. Commission members
29 voiced support for the suggested revisions.
30
31 b. Fence ordinance – update
32 Keller updated the Commission on suggested changes to the fence ordinance made by the City Council.
33 The suggested changes would require all fences to be setback at least two feet off all lot lines.
34 Commission members asked Keller what the reasoning for Council suggestion was. Keller explained
35 there was concern on neighbor disputes and concern on the language requiring a notarized signature
36 when installing a fence directly on the lot line. The Commission did not agree on the suggestion to require
37 all fences to be two feet off lot line.
38 Keller will bring back formal changes including some proposed amendments as it relates to fences
39 proposed over easement areas at the May meeting.
40
41 Other Business
42 a.Murals and sign ordinance
43 Keller explained how the current code language does not clearly address the topic of “murals”.
44 Recently there was an inquiry on what the city would require if a mural was proposed. The
45 Commission members agreed that language should be more clearly defined and amended to
46 specifically address murals more clearly.
47
2
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April 12, 2021
Page 2 of 2
48 Keller updated the Commission on the Council recommendations for the Variances submitted by
49 MN Home Improvements.
50 Adjourn: Hausman moved to adjourn the meeting at 7:41 PM. The motion was seconded by Mick
51 and the motion carried.
52
53 Nate Keller
54 Community Development Director
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56
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Planning Commission Agenda Item 5a and 5b
MEETING DATE:
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May 10, 2021
AGENDA ITEM:
5a and 5b
SUBMITTED BY:
Nate Keller, Community Development Director
STAFF RECOMMENDATION:
Staff recommends approval of both 5a and 5b ordinance amendments.
PREVIOUS PLANNING COMMISSION ACTION:
Planning Commission reviewed drafts of the fence ordinance amendments and conducted public hearing
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at the March 16th meeting and reviewed Council suggested changes at the April 12 meeting.
The Commission has not reviewed or provided direction on the drafted amendments for item 5b as it
relates to fences within easement areas.
BACKGROUND INFORMATION:
Item 5a
Council has suggested some changes to the fence language which would include requiring ALL fences to
be two feet off all lot lines. Staff does not recommend this change and Planning Commission did not
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support recommendation for this change at the April 12 meeting. Staff receives more requests to connect
to, and install up to the property line then setting fences back off lot lines. If all fences are two feet off lot
lines it will create four feet of separation from abutting fences. Current code allows maintenance free
fences to be installed directly on the lot line. fences have to be setback. Staff is proposing
however to allow fences to be on the lot line provided the applicant submit a notarized signature from
the adjacent property owner.
Item 5b
Staff is proposing changes to the ordinance which would state the following:
For easements withexisting utilities – fences may be permitted over the easement provided the
Public Works Director/City Engineer approve
For easements without existing utilities – fences may be permitted over the easement through
submittal of a regular Zoning permit
BUDGET/FISCAL IMPACT:
None
ATTACHMENTS:
1.Ordinance amendments for fences
2.Ordinance amendments for fences within easement areas
REQUESTED PLANNING COMMISSION ACTION:
1.Open Public Hearing for fence ordinance amendments
2.Close Public Hearing and provide recommendation on the fence ordinance amendments
3.Open Public Hearing for easement ordinance amendments
4.Close Public Hearing and provide recommendation on the easement ordinance amendments
ORDINANCE NO________
AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPHFENCE ORDINANCE
CITY OF SAINT JOSEPH
COUNTY OF STEARNS
STATE OF MINNESOTA
Purpose and Intent: The purpose of this ordinance amendment is to amend Ordinance 506
Amendment: Ordinance 506 are hearby amended as follows:
ORDINANCE 506 FENCE ORDINANCE ............................................................................ 506-1
Section 506.01: APPLICATION .................................................................................... 506-1
Section 506.02: PURPOSE ............................................................................................. 506-1
Section 506.03: PERMIT ................................................................................................ 506-1
Section 506.04: FENCE HEIGHT .................................................................................. 506-2
Section 506.05: FENCE MATERIALS .......................................................................... 506-2
Section 506.06: FENCE PLACEMENT 506-42
Section 506.07: LIVING FENCES ................................................................................. 506-4
Section 506.0: BORDER FENCE OR WALL ............................................................... 506-4
Section 506.08: VARIANCE .......................................................................................... 506-4
Section 506.9: PRE-EXISTING FENCES ..................................................................... 506-4
Section 506.10: MAINTENANCE OF FENCE ............................................................. 506-5
Section 506.11: EMERGENCY ACCESS TO FENCED AREAS ................................ 506-5
Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS ........ 506-5
Section 506.13: PENALTIES/REMEDIES .................................................................... 506-5
Definitions to add:
Decorative fence – split rail, or picket fences that are open and not opaque in nature. Decorative
fences define boundaries but do not enclose.
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ORDINANCE 506 FENCE ORDINANCE
Section 506.01: APPLICATION. This ordinance shall apply to the construction and
maintenance of all walls or fences, to include living fences as defined herein, within the City.
The requirements of this Ordinance may also be subject to modification by the terms or
conditions of a Conditional Use Permit or Rezoning applicable to an individual parcel of
property.
Section 506.02: PURPOSE
. This Ordinance was enacted for the following purposes:
a) To regulate fence or wall construction and location.
b) To protect property from a loss of use, enjoyment or value due to the construction
of aesthetically objectionable fences or walls on adjacent property.
c) To assure that fences and walls are constructed adjacent to the property line or
within the property of the party who will maintain the wall or fence.
d) To assure consistency in the location of fences and walls constructed in residential
districts.
e) To require walls and fences be constructed of a low maintenance material.
f) To require walls or fences to be constructed of non-toxic materials.
Section 506.03: PERMIT. Prior to constructing or reconstructing a fence or wall within
the City, the person or entity owning the property on which the wall or fence is to be constructed
or reconstructed shall first secure a fence permit from the City Building Official. A permit fee,
in an amount set by resolution of the City Council, shall be paid at the time the application for a
permit is submitted. The application shall contain the following:
a) Legal description of the property on which the fence or wall is to be constructed
or reconstructed,
b) Sketch showing the location of the fence or wall on the property,
c) A description of the materials to be used in the construction of the fence or wall,
d) A description or sketch of the design and dimensions of the fence or wall,
e) Compliance with the provisions of Section 506.07 (Border fence or wall).
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f) Other information as requested by the Zoning Administrator.
1.Application procedure and inspections
The application and inspection process are as follows (unless waived by the city):
1.The application shall be reviewed by the City Building Inspector for issuance of a
building permit upon a determination that the proposal complies with this Ordinance.
2.Upon approval of a permit but prior to construction or installation of fence or wall an
initial inspection of the property shall be required unless waived by the City. The
property owner shall expose at least two (2) property pins to verify proof of the
property line location at the time of initial inspection.
3.Following approval of the initial inspection the applicant is allowed to construct the
fence in accordance to the approved plans and conditions of the permit.
4.The fence or wall shall be final inspected by the City Building Inspector upon
completion of construction or reconstruction, to assure compliance with this
Ordinance.
Section 506.04: FENCE HEIGHT.
a) Fences and walls located within a residential area shall not exceed the height of
seven feet; except fences located between the front of the residential structure and
the adjacent roadway shall not exceed four feet.
b) Fences and walls located in a commercial area shall not exceed the height of eight
feet; except no fence shall be permitted in the front yard, unless the fence
enhances the visual appearance of the site/landscaping and the fence does not
exceed two feet in height and is of a reasonable linear length. Chain link fences,
including those with slats are prohibited when visible from the public right of
way.
c) Fences and walls in an industrial area shall not exceed eight feet unless a higher
fence or wall is approved as part of the special use permit allowing the industrial
use; except fences located between the front of the industrial structure and the
adjacent roadway shall not exceed four feet in height.
d) If two different zones abut, the zoning requirements of the property owner
constructing the fence shall control.
Section 506.05: FENCE MATERIALS.
1. Fences constructed in residential zoning districts shall not be constructed with
prohibited materials as listed in Section 506.05 Subd. 4. All wood fences, other
than those constructed out of redwood or cedar shall be stained or painted upon
completion of construction or reconstruction. Chain link fences shall be made out
of a non-rust material.
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2. Decorative, landscape, retaining and/or privacy walls may be constructed out of
stone masonry or brick provided they are: not less than four inches or more than
24 inches in widths. Such walls over four (4) feet in height shall require footings
that support the structure as required by the MN State Building Code.
3. Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited
unless they are formed from decorative and/or colored concrete, less than 24
inches in height and included as part of an overall landscape theme which has
been developed.
3. The following materials are prohibited for fences:, but not limited to:
a. Barbed wire andelectrical fences, except in agricultural districts;
b. Creosote lumber;
c. Chicken wire;
d. Woven or welded wire, except in the industrial district
e. Snow Fences, except in the Agricultural/Rural Residential District
f. Plastic webbing, except when used for police control. This shall not
prohibit the use of plastic materials intended to resemble wood products;
g. Makeshift, flimsy materials, or material such as paper, twine, rope, wood
pallets, tin, except when used for traffic control or police security.
4. Decorative, landscape, retaining and/or privacy walls may be constructed out of
stone masonry, concrete, or brick provided they are: not more than 24 inches in
widths. Such walls over four (4) feet in height shall require a Building permit and
footings that support the structure as required by the MN State Building Code.
Walls under four (4) feet shall require a Zoning permit. Walls proposed within
drainage and utility easements shall be reviewed and approved by Public Works
Director/City Engineer.
6. Other materials which are not specifically allowed by this Section, nor
specifically prohibited may be permitted subject to City Council review and
approval.
Section 506.06: FENCE PLACEMENT
1.Fences that are not maintenance free can be placed directlyup to but not directly on
the shared property line provided the adjacent property owner (s) provide written
consent in the form of a notarized signature at the time of permit application. If
adjacent property owner (s) do not provide written consent then the fence shall be
placed at least two (2) feet off the shared property line. Fences that are maintenance
free can be constructed directly on the shared property line without notarized
signature. Maintenance free for the purposes of this section shall mean: stone, brick,
stucco, vinyl, plastic, or chain-link which is finished with a rust resistant material.
2.No fence shall be constructed that is lessthan two feet and parallel to an existing
fence so as to create an area between the fences which has limited accessibility for
purposes of maintenance.
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3.Fences shall only be allowed in the side and rear yards except decorative fences may
be allowed in the front yard provided they are no higher than three and a half (3 ½)
four (4) feet and are not designed to enclose the entire front yard.
4.Fences shall not extend into public right-of-way and be setback a minimum of ten
(10) feet from the surface of any street.
5.Fences shall be setback at least two (2) feet from any trail, or sidewalk.
6.The finished side of the fence shall face adjacent property with posts facing inward.
Section 506.07: LIVING FENCES. Living fences may be constructed out of trees or
shrubs. Trees and shrubs used as fencing are not restricted in height; except the height of the
living fence located to the front of a residential structure shall not exceed four feet. The owner
of the property adjacent to a living fence may trim or prune that part of the tree or shrub which
extends across the property line over his or her property. Living fences do not require a permit.
Section 506.08: BORDER FENCE OR WALL.
a) A fence or wall constructed of maintenance-free materials may be constructed
adjacent to the property line so long as all parts of the fence, including post
anchors, are located within the property of the owner and so long as the bottom of
the fence (exclusive of posts or anchors) is at least two inches above the ground.
For purposes of this paragraph, the term "maintenance-free materials" shall
include stone, brick, stucco, vinyl, plastic, or chain-link which is finished with a
rust resistant material.
b) Fences and walls shall be constructed at least two feet inside the property line or
adjacent to the property line, unless the, fence or wall is constructed of
maintenance-free materials in accordance with paragraph (a) of this section.
c) For any fence or wall located within six feet of a property line, that side of the
fence which presents the most finished appearance, shall be the side which faces
the adjacent property.
d) No fence shall be constructed which is approximately parallel to an existing
fence, and closer than two feet so as to create an area between the fences which
has limited accessibility for purposes of maintenance.
Section 506.08: VARIANCE. Provisions of this ordinance may be varied by the City
Council upon application, and after consideration and hearing by the Planning Commission with
recommendation to the City Council. A fence variance application fee may be established by
resolution of the City Council.
Section 506.9: PRE-EXISTING FENCES. This Ordinance shall apply only to fences
and walls constructed or reconstructed after July 1, 2012. Any pre-existing fence that does not
conform with the provisions thereof shall not be altered, extended or reconstructed replaced
except in conformance with this Ordinance.
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Section 506.10: MAINTENANCE OF FENCE.
a) All fence and walls located within the City shall be maintained in a safe
condition. The owner of the property on which a fence or wall is located shall be
responsible for the maintenance and repair of the fence.
b) No fence or wall may be maintained in a location which obstructs the ability of a
driver of a motor vehicle to see other drivers or pedestrians on any street or alley.
Section 506.11: EMERGENCY ACCESS TO FENCED AREAS. An access opening for
emergency entrance shall be incorporated into any fenced areas within which a building is totally
or partially located. For residential use property, the access opening shall be at least four (4) feet
in width. For commercial or industrial use property, the access opening shall be at least fourteen
(14) feet in width. A gate or unfenced area shall qualify as an access opening if of sufficient
width.
Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS. Fences
may only be erected over an easement if the landowner meets the requirements of St. Joseph
Ordinance Section 302.03(b). If the request for the fence is approved, the City retains the right
to require the landowner to remove or abate the fence where the fence interferes in any manner
with the City’s easement use. If there is an emergency necessitating immediate access to the
easement, the City reserves the right to remove the fence to obtain access to the easement. The
landowner shall bear all costs for removal and restoration of the fence in the event the landowner
is required to remove the fence for access to the easement or in the event the City removes the
fence in the case of an emergency. The City specifically reserves all rights of an easement
holder afforded under the common law of the State of Minnesota.
Section 506.13: PENALTIES/REMEDIES. Violation of this ordinance shall constitute a
misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the
terms under which this permit is granted, violation of the conditions is a violation of this
ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a
Court order directing maintenance or removal of the fence or injunctive relief prohibiting
construction or maintenance of a fence in violation of this ordinance.
Effective Date: This ordinance amendment shall be in full force and effect from and after passage and
publication according to the state law.
Repeal: This ordinance shall repeal all ordinances inconsistent herewith.
______________________________________________________
Rick Schultz, Mayor
_______________________________________________________
Therese Haffner, City Administrator
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CHAPTER III – PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE NO________
AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH ORDINANCE
REGARDING PUBLIC PROPERTY & IMPROVEMENTS
CITY OF SAINT JOSEPH
COUNTY OF STEARNS
STATE OF MINNESOTA
Purpose and Intent: The purpose of this ordinance amendment is to amend Section 302
“Limiting Activities in Public Easements”
Amendment: 302.01 – 302.07 are hearby amended as follows:
ORDINANCE 302 LIMITING ACTIVITIES IN PUBLIC EASEMENTS ........................... 302-1
Section 302.01: PURPOSE ............................................................................................. 302-1
Section 302.02: DEFINITIONS...................................................................................... 302-1
Section 302.03: LIMITATION OF ACTIVITIES IN AREA OF EASEMENT ............ 302-2
Section 302.04: PRE-EXISTING USES ........................................................................ 302-3
Section 302.05: ENFORCEMENT ................................................................................. 302-3
Section 302.06: PENALTY ............................................................................................ 302-4
Section 302.07: EFFECTIVE DATE .............................................................................. 302-4
302-0
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CHAPTER III – PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 302 LIMITING ACTIVITIES IN PUBLIC EASEMENTS
Section 302.01: PURPOSE. This ordinance is enacted for the purpose of controlling the
use of property in the City of St. Joseph on which the City holds an easement for utility, road
way, drainage, sidewalk, and other public purposes. This Ordinance has been enacted to require
the owners of property containing a public easement to use the property in a manner consistent
with the grant of the easement and assure the City of reasonable access onto the easement in an
emergency situation. This Ordinance recognizes the need to maintain public easements free of
obstructions and accessible, while allowing non-conflicting uses by the property owner.
Section 302.02: DEFINITIONS. For purposes of this ordinance, the following terms
have the stated meanings:
a) Landowner. Shall mean the fee owner(s), tenants or occupiers of a parcel of
property over, on or under which the City holds a public easement.
b) City. Shall mean the City of St. Joseph, Minnesota.
c) Easement. Shall mean a public easement of any type, including but not limited to
an easement for utility, drainage, roadway, ingress/egress, sidewalk, boulevard
and other public purposes. The area of an easement shall not be limited to that
portion of the easement actually put to use, but shall extend to the entire easement
as described in the grant or dedication, including roadway ditches and boulevards
lying within the designated areas.
d) Pre-Existing Use. Means a use or activity existing within an easement at the time
this ordinance was enacted.
e) City's Easement Use. Shall be any use which the City is authorized to maintain
by the grant or dedication of the easement as construed in accordance with the
laws of the State of Minnesota.
f) Boulevard. Shall mean that portion of a street or road easement located outside of
the portion of the easements which is actually improved for street or road
purposes and used for vehicular traffic or the parking of vehicles. With respect to
streets or roads improved with curbing, the boulevard shall be that portion of the
easement separated from the improved portion of the street or road by the curbing.
g) Utility Easement. Shall mean any public easement which affords the City the
right to install, locate or maintain any public utility, including but not limited to
302-1
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CHAPTER III – PUBLIC PROPERTY & IMPROVEMENTS
sanitary sewer lines, water lines, storm sewer lines, gas lines, electrical cables,
and cable television.
Section 302.03: LIMITATION OF ACTIVITIES IN AREA OF EASEMENT.
a) The following activities by the owner are permitted in an easement:
1. Lawn.
2. Vegetable or flower garden.
3. Maintenance of lawn ornaments, lawn furniture, recreation and play
equipment and game apparatus which are not affixed or anchored to the
ground.
4. Driveway and sidewalks.
5. The use and maintenance of (a) (1, 2, 3) above by the landowner and
guests in a regular and intended manner.
6. Fences in an easement with no public utilities may be approved
administratively by the Zoning Administrator through a Zoning permit.
b) All other uses, unless specifically permitted herein, shall be considered prohibited
and shall not be maintained on or in an easement, except by written approval
permit granted by the City after through an easement use application. The
easement use application procedure is as follows: pursuant to the following
procedures:
1. The landowner shall submit a easement use application written request to
the City Clerk/City Administrator and/or Zoning Administrator describing
the easement to be affected and the proposed use for which permit is
sought, together with an administration fee as may be set by resolution of
the City Council.
2. The City Clerk/City Administratorion and/or Zoning Administrator shall
refer the request to the Public Works Director City Maintenance
Supervisor and City Engineer for consideration and recommendation. If
the easement to be affected by the request is a utility easement, the request
shall also be referred to the City Engineer for consideration and
recommendation;
3. Based upon the recommendations received from the Maintenance
Supervisor and City Engineer, the City Administrator/Clerk shall make a
recommendation to the Public Works Director and The Public Works
Director and City Engineer shall approve or deny the request, taking into
consideration the stated purpose of this ordinance. Any approval must be
302-2
13
CHAPTER III – PUBLIC PROPERTY & IMPROVEMENTS
accompanied by specific conditions or modifications to the original
request as deemed appropriate to protect the City's interests; the permit
must contain the specific conditions to protect the City’s interests.
4. Fences may only be erected over an easement that contains existing public
utilities if the landowner meets the requirements of Section 302.03(b). If
the request for the fence is approved, the City retains the right to require
the landowner to remove or abate the fence where the fence interferes in
any manner with the City’s easement use. If there is an emergency
necessitating immediate access to the easement, the City reserves the right
to remove the fence to obtain access to the easement. The landowner shall
bear all costs for removal and restoration of the fence in the event the
landowner is required to remove the fence for access to the easement or in
the event the City removes the fence in the case of an emergency. The
City specifically reserves all rights of an easement holder afforded under
the common law of the State of Minnesota.
c) Nothing stated herein shall deny the City the right to request a landowner to
remove or abate any permitted use or activity existing in the easement where the
use or activity directly interferes in any manner with the City's easement use, if
the City is currently engaging in the use or intends on engaging in the use. The
City specifically reserves all rights of an easement holder afforded under the
common law of the State of Minnesota.
Section 302.03 amended 12/06
Section 302.04: PRE-EXISTING USES.
a) A preexisting use, which is not otherwise specifically permitted by this ordinance,
shall be discontinued and removed from the easement within 60 days of
enactment of this ordinance, except as provided below:
b) The following prohibited pre-existing uses shall be allowed to continue under the
terms set forth in paragraph (c) herein:
1. Trees, shrubs, bushes and fences which are not inconsistent or interfering
with and the City's easements use.
2. Structures or buildings which are not inconsistent or interfering with the
City's easement use.
c) No pre-existing prohibited uses, allowed to be continued under paragraph (b) of
this section, shall be enlarged, nor shall they be altered, improved, repaired or
restored. If the pre-existing prohibited use is discontinued or substantially
destroyed, the right to maintain the pre-existing prohibited use is lost.
Section 302.05: ENFORCEMENT.
302-3
14
CHAPTER III – PUBLIC PROPERTY & IMPROVEMENTS
a)The City Maintenance Supervisor Public Works Director shall serve as
compliance officer to provide inspection and enforcement of this ordinance.
When the Maintenance Supervisor Public Works Director becomes aware of a
violation of this ordinance, the violation shall be reported to the City Council
which shall direct the Clerk/Administratorto the Director shall send written
notice of the violation to the landowner directing the landowner to bring the
property into compliance with the ordinance within 30 days. The Maintenance
Supervisor shall inspect the property at the end of the 30 day compliance period,
and if the property has not been brought into compliance, the Maintenance
Supervisor shall notify the police department to issue a complaint and request the
issuance of a criminal citation.
b) If the landowner refuses to remove or abate a prohibited use within the easement,
or if a pre-existing use permitted under Section 302.04 (b) interferes with the
City's easement use, in addition to the procedure set forth in Section 302.05(a),
the City may take any reasonable steps to remove or abate the use and assess the
cost of removal or abatement to the property.
c) The City shall not be liable for any damage to the property of the landowner in the
easement or damage to any structures located in the easement which are removed
or abated in the City while engaging in the City's easement use.
Section 302.06: PENALTY. A violation of this ordinance shall constitute a
misdemeanor and shall be punishable as such.
Section 302.07: EFFECTIVE DATE. For purposes of determining preexisting uses, this
ordinance became effective September 1, 1990.
Effective Date: This ordinance amendment shall be in full force and effect from and after passage and
publication according to the state law.
Repeal:This ordinance shall repeal all ordinances inconsistent herewith.
______________________________________________________
Rick Schultz, Mayor
_______________________________________________________
Therese Haffner, City Administrator
302-4
15
Planning Commission Agenda Item 5c
MEETING DATE:
th
May 10, 2021
AGENDA ITEM:
5c
SUBMITTED BY:
Nate Keller, Community Development Director
STAFF RECOMMENDATION:
Staff recommends proposed ordinance amendments.
PREVIOUS PLANNING COMMISSION ACTION:
Planning Commission discussed mural regulations at the April meeting however the mural changes are
not being proposed at this time.
Planning Commission has not discussed “wayfinding” signs or prohibitions to electronic signs in the
downtown area before.
BACKGROUND INFORMATION:
Staff is proposing two changes to the sign ordinance. The first change adds “wayfinding” signs as an
allowable sign provided the wayfinding sign is erected and designed by the city. The purpose of
wayfinding sign is to provide common direction to pedestrians/bicyclists to key destinations in the
Community. Part of the reason for this request is the CVB would like to install a wayfinding map at the
Lake Wobegon trailhead to help provide awareness of the downtown area and other destinations located
close to the trailhead. Some example wayfinding signs are below:
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17
nd
The 2change would result in formally prohibiting electronic signs (known as dynamic displays”) in the
downtown area. According to the 2007 Downtown Design Standards plan – “signs that are lighted should
be lighted through indirect sources with those sources hidden from pedestrian and motorist view. The
lighting shall serve to illuminate facades, entrances.” The design standards would imply that electronic
signs are discouraged within the downtown area. Staff would agree the change to prohibit electronic signs
in downtown meets the recommendations in the Downtown Design Standards plan.
Staff will not be presenting amendments as it relates to murals. The initial inquiry has stated to staff they
are not proceeding ahead at this time. Staff will present mural amendments at a future meeting.
BUDGET/FISCAL IMPACT:
None
ATTACHMENTS:
1. Sign amendments
18
REQUESTED PLANNING COMMISSION ACTION:
1. Open Public Hearing
2. Close Public Hearing and provide recommendation on proposed sign amendments.
19
ORDINANCE 502 – ZONING ORDINANCE
ORDINANCE NO________
AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH ZONING ORDINANCE
REGARDING SIGNS
CITY OF SAINT JOSEPH
COUNTY OF STEARNS
STATE OF MINNESOTA
Purpose and Intent: The purpose of this ordinance amendment is to amend Section 502.11
“Signs” and renumber the remaining sections
Amendment: 502.11 are hearby amended as follows:
Section 502.11: 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:
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ORDINANCE 502 – ZONING ORDINANCE
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.
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:
502.11-2
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ORDINANCE 502 – ZONING ORDINANCE
a) 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.
b) Awning sign: A sign constructed of flexible translucent or fabric-type material
that incorporates a written message or logo on the exterior.
c) 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.
d) Banner: attention-getting device which is of a nonpermanent paper, cloth, vinyl,
or plastic like consistency used to promote a specific community event.
e) 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.
f) Billboard. A free standing sign which directs attention to a business, commodity,
service or entertainment not exclusively related to the premises where such is
located or to which it is affixed.
g) Canopy: a roof like cover often of fabric plastic metal or glass on a support which
provides shelter over a doorway.
h) Construction Sign: Any non-illuminated sign that
displays information regarding the construction or
development of the site on which it is displayed.
i) Directional Sign: A sign intended to facilitate the safe
movement of pedestrians and vehicles into, out of, and
around the site on which the sign is located.
j) Dynamic Sign: Any characteristics of a sign that appear
to have movement or that appear to change, caused by any
method other than physically removing and replacing the
sign or its components, whether the apparent movement or
change is in the display, the sign structure itself, or any other
component of the sign. This includes a display that
incorporates a technology or method allowing the sign face
to change the image without having to physically or
mechanically replace the sign face or its components. This
also includes any rotating, revolving, moving, flashing,
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ORDINANCE 502 – ZONING ORDINANCE
blinking, or animated display and any display that incorporates rotating panels,
LED lights manipulated through digital input, “digital ink,” or any other method
or technology that allows the sign face to present a series of images or displays.
k) Freestanding Sign: Any sign not affixed to a building including but not limited to
a ground sign, or monument sign.
l) 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.
m) 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.
n) 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.
o) 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.
p) 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.
q) 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.
r) 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.
s) 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.
502.11-4
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ORDINANCE 502 – ZONING ORDINANCE
t) Pole Sign: see Pylon Sign.
u) Portable Sign: see Mobile Sign.
v) Projecting Sign: any wall sign that protrudes horizontally
more than one (1) foot from the wall to which it is attached.
w) Pylon Sign: any freestanding sign which has its supportive structures anchored in
the ground and which has a sign face elevated above ground level by poles or
beams and with the area below the sign face open.
x) 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.
y) Shimmering Signs: any sign which reflects an oscillating, sometimes distorted,
visual image.
z) 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 sandwich board signs.
aa) 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.
bb) Wall Sign: any building sign attached parallel to, but within eighteen (18) inches
of a wall, painted on the wall surface of, or erected and confined within the limits
of an outside wall of any building or structure, which is supported by such wall or
building, and which displays only one (1) sign surface.
cc) Wayfinding Sign: an off-premise sign that is part of a city-coordinated system of
signs meant to direct vehicular and pedestrian traffic from point to point, and/or
show a route to a destination with landmarks, or places shown/displayed on a
map. Wayfinding signs shall be designed, installed, and erected only by the City.
ccdd) 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.
502.11-5
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 6: Permit Required. No sign shall be erected, altered, reconstructed, maintained or moved
in the city without first securing a permit from the city. The 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
and send it by certified mail, return receipt requested, to the applicant. The content of the
message or speech displayed on the sign shall not be reviewed or considered in determining
whether to approve or deny a sign permit. Application for a permit shall be in writing, addressed
to the Zoning Administrator, and shall contain the following information:
a) names and addresses of 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.
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 502.11, 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
502.11-6
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ORDINANCE 502 – ZONING ORDINANCE
same as, or compatible with, the materials and design of the principal building(s)
on the property.
c) Signs shall not be constructed or maintained in a manner which obstructs traffic
visibility.
d) No sign shall be placed that resembles any official marker erected by a
governmental agency or shall display such words as “stop” or “danger.”
e) No sign shall be permitted to obstruct any window, door, fire escape, stairway or
opening intended to provide light, air, ingress, or egress for any building or
structure.
f) One (1) sign, regardless of its type, shall be permitted on each parcel of property
in any residential district, and such signs shall be limited to an overall area of six
(6) square feet.
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.
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 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
502.11-7
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ORDINANCE 502 – ZONING ORDINANCE
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
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 three (3) feet over a public sidewalk and shall be a
minimum of ten (10) feet above the average ground level directly beneath the
sign.
l) Signs shall not be located on the roof of a building.
m) Signs that are painted directly on the surface of a building may be permitted in
business zoning districts provided that the area of the painted sign be calculated as
part of the maximum total permitted wall sign area for the building.
n) No sign shall violate the 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) 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.
p) Ballpark signs shall be allowed only on those ballparks that are primarily used to
host baseball and/or softball games.
q) Wayfinding signs may be permitted in any Zoning district
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.
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.
502.11-8
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ORDINANCE 502 – ZONING ORDINANCE
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:
1. 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, an 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
a) 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 dynamic signage in the City, whether new or
existing, conforming or non-conforming at the time of adoption of this Ordinance.
b) Regulations governing Dynamic Sign Displays:
1. Dynamic sign displays shall have messages that change instantaneously,
and do not fade, dissolve, blink, or appear to simulate motion in any way.
Prohibited blinking signs shall include signs which are displayed as
continuous solid messages for less than the time required by subpart (d) of
this subsection below. 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.
2. Dynamic sign displays shall not be permitted in any Residential zoning
district.
3. Dynamic sign displays shall be permanent signs.
4. No dynamic sign display shall change more than one time per three (3)
second period.
502.11-9
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ORDINANCE 502 – ZONING ORDINANCE
5. Dynamic sign displays shall be no brighter than other illuminated signs in
the same district.
6. 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.
7. No dynamic sign display shall be permitted to be located in a yard or on
the side of a building which abuts a residentially zoned parcel.
Subd. 13: Temporary Signs.
a) Fee. A fee set forth by resolution applies to a permit for temporary or portable
signs.
b) Maximum Size. The maximum size of a portable or temporary sign is sixty-four
(64) square feet; 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.
502.11-10
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ORDINANCE 502 – 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 502.11 apply to all signs within Residential Zoning District. In addition the following
standards apply.
a) General Provisions applying to all residential zoning districts:
1. 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.
2. No sign shall be placed in any required interior side yard.
3. No sign shall be mounted on the roof of a building.
4. Flashing or rotating signs resembling emergency vehicles shall not be
permitted.
5. Illuminated signs are not allowed.
b) R-1 Single Family Residence District and R-2 Two Family Residential District:
1. 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.
2. 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:
A. Landscaping must be provided around the base of the sign.
B. The entrance to a development shall be one that abuts a collector or
arterial road.
c) R-3 Multiple Family Residential District and R-4 Townhouse/Patio Home
502.11-11
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ORDINANCE 502 – ZONING ORDINANCE
Residential District and R-5 Supportive Care District:
1. 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.
2. 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:
A. Landscaping must be provided around the base of the sign.
B. The entrance to a development shall be one that abuts a collector or
arterial road.
3. One area identification sign for each multiple-residential complex
consisting of three or more units.
A. Such signs shall have a surface area of all faces not exceeding an
aggregate of fifty (50) square feet.
B. The height of the sign shall not exceed eight (8) feet.
C. Landscaping must be provided around the base of the sign.
4. Wall Sign: One wall sign shall be allowed for the purpose of street
identification. Such sign cannot exceed twelve (12) square feet.
Subd. 16: Permitted On Premise Signs; Business Districts. On-premise identification,
business or area identification signs are permitted. Nearby residents shall be protected from
direct light if these signs are illuminated. 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 the maximum allowed in each zoning
district as defined in this Ordinance.
b) Monument Signs. Each tenant other than those in multi-tenant buildings may
have a monument sign that shall not exceed the maximum allowed in each zoning
district as defined in this Ordinance and twenty ( 20) feet in height, and is
setback a minimum ten (10) feet from the property lines.
502.11-12
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ORDINANCE 502 – ZONING ORDINANCE
c) Multi-Tenant Wall Signs. Each tenant in a multi-tenant building may have a flat
wall sign. Such multi-tenant wall signs shall not exceed the maximum allowed in
each zoning district as defined in this Ordinance
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 twenty (20) 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 (150) square feet per side for
developments of over twenty (20) acres.
e) Canopies and Awnings. The design of canopies shall be in keeping with the
overall building design in terms of location size and color. No canopies with
visible wall hangers shall be permitted. Signage on canopies may be substituted
for allowed building signage and shall be limited to 25% of the canopy area.
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
f) Signs affixed to principal or accessory structures shall be composed of materials
or textures similar to those of the exterior façade to which they are affixed.
Subd. 17: B-1: Central Business District: In the B-1 Central Business District the
following standards apply.
a) Business signs may be erected and maintained in conjunction with a commercial
use provided:
1. Freestanding 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
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
502.11-13
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ORDINANCE 502 – ZONING ORDINANCE
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.
7) The sign is not affixed to the sidewalk, other signage, or temporary
or permanent structure.
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ORDINANCE 502 – ZONING ORDINANCE
8) The maximum aggregate square footage of allowable sign area is
not exceeded.
9) 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:
1. 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 twenty (20) feet above ground.
f) Prohibited Signs
1. Dynamic or Flashing signs that are digital or electronic in nature
Subd. 18: B-2 Highway 75 Business District: In the B-2 Highway 75 Business District,
the general provisions of Section 502.11 apply to all signs. In addition the following standards
apply.
a) Freestanding Signs may be erected and maintained provided:
1. Signs shall have a surface area not exceeding one hundred (100) square
feet per sign face with an aggregate total not to exceed two hundred (200)
square feet if double faced.
2. Such sign except a directional sign is erected only on the premise on
which the principal use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two (2) or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two (2) or more
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ORDINANCE 502 – ZONING ORDINANCE
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 twenty (20) 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:
1. That the wall sign does not exceed one 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. 19: B-3 General Business District: The general provisions of Section 502.11 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:
1. That the wall sign does not exceed one and one half (1 1/2 ) square feet
per lineal lot front foot or fifteen percent (15%) of the building frontage
area or seventy five (75) square feet, whichever is the greatest.
2. Wall signs shall not project above the roof.
b) Freestanding Signs may be erected and maintained in conjunction with a principal
use provided:
1. Signs shall have a surface area not exceeding one hundred (100) square
feet per sign face with an aggregate total not to exceed two hundred (200)
square feet if double faced.
2. Such Freestanding 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
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ORDINANCE 502 – 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 twenty (20) feet.
c) The following signs are prohibited in the B-3 General Business District:
1. Portable/Mobile/Magnetic Signs
2. Beacons, banners, pennants, search lights, and streamers
3. Flashing or Blinking Signs
4. Roof Signs, except those affixed to parapets.
5. Off-Premise Signs
d) Architectural and Design Standards.
1. Principal buildings shall feature sign bands as an integral part of the
exterior architecture. Signs affixed to principal structures shall be placed
within said sign bands and the bands shall not exceed the maximum sign
height allowed in this section.
2. Signs affixed to the principal or accessory structures shall be composed of
materials or textures similar to those of the exterior façade to which they
are affixed.
3. Building sign and color palettes shall be analogous with a color employed
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ORDINANCE 502 – ZONING ORDINANCE
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.
e) Master Sign Plan Required for Multiple Tenant Occupancies.
1. 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.
f) Comprehensive Sign Plan – Special Use Permit.
1. The comprehensive sign plan special use process is only applicable to the
B-3 District and is an alternative to the strict adherence of the regulations
contained in this Ordinance.
2. Applicants may request a special use permit, as provided by Section
502.07 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.
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.
5. The City Council shall only consider approval of a comprehensive sign
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ORDINANCE 502 – ZONING ORDINANCE
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
i. Signs shall be larger than necessary for visibility and
readability. Factors to be considered in determining
appropriate size shall include topography, volume of
traffic, speed of traffic, visibility range, proximity to
adjacent uses, amount of sign copy, placement of display
(location and height), lettering style and the presence of
distractive influences.
ii. No sign approved shall exceed the maximum height
standard for signs contained in the B-3 District by more
than fifty (50) percent.
iii.No sign or combination of signs approved under a special
use permit shall exceed one hundred twenty-five (125)
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ORDINANCE 502 – 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 502.07 of the St. Joseph City Code relating to the processing
of conditional 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 Conditional Use Permit.
Subd. 20: LI- Light Industrial District: The general provisions of Section 502.11 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:
1. That the wall sign does not exceed one (1) square feet per lineal lot front
foot or fifteen percent (15%) of the building frontage area or seventy five
(75) square feet, whichever is the greatest.
2. Wall signs shall not project above the roof.
b) Freestanding Signs
1. Freestanding Signs shall have a surface area not exceeding one hundred
(100) square feet per sign with an aggregate total not to exceed two
hundred (200) square feet if double faced.
2. Such sign except a directional sign is erected only on the premises on
which the principal use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two (2) or more separate and individual
commercial operations are conducting business in separate areas of a
single building or structure, in which each operation owns or leases
separate and individual premises, but share in the use and maintenance of
common areas within or around the structure, then and in those
circumstances, each individual business operation may be permitted to
display an individual business sign as provided in subdivisions a) and b),
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ORDINANCE 502 – 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 twenty (20) feet.
Subd. 21: 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 bepermitted by Conditional Use Permits 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 502.04 (Rules and
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ORDINANCE 502 – ZONING ORDINANCE
Definitions) as may be amended. The standards contained in Section 502.07 and
related to special use permits apply.
Off-premise signs shall be ‘monument signs’ as defined in Subdivision 5 of
Section502.11 as may be amended. Pylon signs are prohibited.
Off-premise signs shall not exceed twenty (20) feet in height or fifty (50) square
feet in area per sign face.
Off-premise signs are limited to two sides (i.e. sign faces) and one monument
base.
No off-premise sign shall be permitted within five hundred (500) feet of an
adjoining residential district, any property being guided by the Future LandUse
Map as residential or any public park, school, library, church, orgovernment
building.
In no case shall any off-premise signs be placed on the roof of a building or
structure.
Off-premise signs shall be maintained in good, upright condition and sign faces
shall be kept free of sagging or peeling.
Off-premise signs shall be in composed of materials or textures reasonably similar
in quality to facades in the immediate vicinity ofsaid sign.
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.
Wayfinding signs erected by the ity shall be allowed.
Subd. 22: 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.
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ORDINANCE 502 – 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. 23: 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.
No existing nonconforming sign shall be enlarged, expanded or moved except in
e)
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. 24: 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
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ORDINANCE 502 – ZONING ORDINANCE
developed, or within two (2) years following the beginning of development in the subdivision,
whichever comes first. No signs allowed according to this Subdivision may be illuminated.
Subd. 25: 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. 26: 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. 27: Banners. Upon application to the City, a banner may be permitted to be hung
across the right-of-way at the two specified locations designated by the City to promote local
community events only. This ordinance shall not be construed as authorizing any such signs or
banners on public property or on private property other than those specifically authorized by the
City.
a)Permit Required. No banner shall be erected, altered, maintained or moved
without first securing a permit from the City. The content of the message or
speech displayed on the sign shall be limited to promoting community events and
shall be reviewed or considered in determining whether to approve or deny a
banner permit. Application for a permit shall be in writing addressed to the zoning
administrator and shall contain the following:
1.Names and addresses of the applicant(s);
2.
The event the banner is meant to promote;
3.The location(s) at which any banner is to be erected;
4.The type and content of the banner;
5.A complete set of plans, showing the necessary elevations, distances, size
and details of the banner;
6.The cost of the banner;
7.Certification by applicant indicating the application complies with all
requirements of the banner ordinance; and
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ORDINANCE 502 – ZONING ORDINANCE
8.The dates the applicant(s) request the banner be present.
b)Approval by Planning Committee. Banner plans will be reviewed at regular
meetings by the Planning Committee. In addition, special meetings can be
requested for plan review. In reviewing the proposed banner, the Planning
Committee shall consider the following criteria:
1.Traffic circulation and pedestrian safety. Banners shall not contain content
or be placed in a manner to obstruct the safety of pedestrians, motorists,
cyclists, or other users of the public streets over which they are to hang.
Sign Design and Visual Impact.
2.
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.
c)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.
d)Application Fee. An applicable permit application fee as listed City’s fee schedule
is due upon submission of the application.
e)Erecting and Removing Banner. Each applicant is responsible for hanging and
removing an approved banner. Roadway banners in support of community events
may be displayed for a period not to exceed twenty-one (21) days. All banners
must be removed within 48 hours of the scheduled event. The use of the posts to
hang a banner which promotes a community event will be given to applicants on a
first come, first serve basis.
f)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.
g)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
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ORDINANCE 502 – ZONING ORDINANCE
ordinance nor shall the City of St. Joseph be held liable for a claim based upon
enforcement of this ordinance.
h)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.
Effective Date: This ordinance amendment shall be in full force and effect from and after passage and
publication according to the state law.
Repeal: This ordinance shall repeal all ordinances inconsistent herewith.
______________________________________________________
Rick Schultz, Mayor
_______________________________________________________
Therese Haffner, City Administrator
502.11-26
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