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HomeMy Public PortalAbout310Draft 3.12.99 CITY OF MEDINA Ordinance No. 310 AN ORDINANCE AMENDING SECTIONS 815.01 ET SEO. OF THE CITY CODE RELATING TO SIGNS The city council of the city of Medina ordains as follows: Section L Sections 815.01 et sue. of the city code shall be amended by deleting the stricken material and adding the highlighted underscored material as follows: 815.01. Purpo • Application. The purpose of this ordinance is to regulate the type, number, size, stmetuie construction, height, lighting, erection, repair, location and maintenance of all eutEleer signs within the-eity-ef Medina, provide for the issuance of permits and the charging of fees therefor, and provide establish penalties for non-compliance and violation thereof. This ordinance does not apply to official traffic or street signs or interior signs which cannot be viewed from the exterior of a structure. 815.03. Definitions. The For purposes of this ordinance, the following words and phrases have the meanings assigned to therm_ Subd. 1. Sign. Any letter, word, symbol, device, poster, picture, statuary, reading matter, of representation, identification, description or illustration in the nature of an advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, whether illuminated or non -illuminated, which is displayed outdoors for ' purposes of information, identification, communication or advertising. Subd. 2. Sign Area. That area within the marginal lines of the surface which bears the advertisement erg the case of messages, figures, or symbols attached directly, message, figure, or symbol attached to any part of a building, that area or other structure and which is included in the smallest rectangle which can be made to circumscribe the advertisement, message, figure:, figure, or symbol displayed thereon. The maximum sign area for a five standing or pylon sign refers to the area of a single surface. Subd. 3. Business Sign. Any free standing, wall or projecting sign which directs attention to a business, activity, product, commodity, service or entertainment located, sold or offered Building I spec: autherizeistEleputy: on the premises upon which the sign is plaeKh located. Subd. 5 4. Address Sign. A Signs which bears only the postal identification number only, of a building whether in written or in numeric form. RHB-149289 Ordinance #310 ME230-5 1 03-16-99 Subd. 6: 5. Billboard or Advertising Si a . An outdoor sign of any size which is owned e used for the purpose of selling , or leasing space to advertise a business, activity, product, commodity, service or entertainment not located, sold or offered exclusively on the premises upon which the sign is located. Subd. 7 6. Campaign Sign. A sign erected by a bena-frele candidate for public office or by a person or group promoting a candidate for public office or a political issue. Subd. S 7. Directional Sign. A sign used to direct persons to a firm, business, use, service, or other activity located within Medina and which is not used primarily to advertise the activity carried out on the premises where the sign is located. Subd. 9 8. District. The Wig -District zoning district as defined in the Medina Zoning zoning code in which a sign is located. Subd--10 Subd. 9. Farm Sign. A sign advertising farm products of the farm or garden for sale. Subd. 44 10. Flashing Sign. An illuminated sign on which such illumination is not kept stationary or constant in intensity or color. Subd. 4-2 11. Free Standing Sign. A sign which is placed on the --ground a separate sign structure and not affixed to a building. Subd. 43 12. Governmental Sign. A sign which is erected by a governmental unit for the purpose of directing or, guiding or informing the public. Subd 4413. Illuminated Sign. A sign which is illuminated by an artificial internal or external light source. Subd i c T t ti i D: t i Sig n s ,,,, which bears the address andi r „ame f a chute school b' 'b' 14. r r Inflatable Sign. A sign which is unfurled and sunoorted by air or other comps ed Subd. 16 Subd. 15. Motion Sign. A sign which revolves, rotates, or has any moving parts whieh-attfaet attentienr , whether propelled by mechanical or any other means. Subd. 17 Subd. 16. Name Plate or Identification Sign. A sign which bears only the name and address of the business or the -emits occupant of he a building. Subd. 4-8 17. Non -Conforming Sign. A sign which notfret-eenferni-to-the-newlenac-tefl was legal when constructed but which no longer conforms to the requirements of this ordinance. RHB-149289 Ordinance #310 ME230-5 2 03-16-99 Subd. 1-918. Portable Sign. A sign se designed as to be movable fium one location to another and which is not permanently attached to the ground or any structure. Subd. 2919. Projecting Sign. A sign, all -OF any part of which extends more than 12 inches laterally from the surface of a building or other structure. Subd 2-1 20. Pylon Sign. A free standing stricture which is in excess of 20 feet in height with a sign ntethlaemera,sign which is placed atop an elevated sign structure. The height of a pylon sign shall be the vertical distance between the highest point of the sign or sign structure and the elevation of the right-of-way from which the sign is primarily intended to be observed, measured at the location of the sign. Subd 22. RoofSign. A sign erected upon Subd. 21. Roof,Sign. A sign affixed to the roof of a structure r which extends more than 24 inches above the highest outside wall of the structure at the sign location. Subd. 23 Subd. 22. Temporary Sign. A sign as set forth in Section 920.25, which is erected or displayed for a limited period of time. Subd. 23 2n Tr c Directional Sig,, n s which is eieeted o., private p,Y,,,o,, by the owrie,. „f such Subd. 25. Wall Sign. A sign affixed to the wall of a building structure which extends 12 inches or less from the surface of the structure and which does not extend more than 24 inches above the highest outside wall of the structure at the sign location. 815.05. General Provisions. The following provisions apply to all signs in all zoning districts. Subdivision 1. Construction. All signs shall Signs must be constructed in such manner and of such material that so as to be safe and substantial, shall. Signs must be properly secured, supported, and braced, and shall be kept in good repair. Subd. 2. Obscene Material. No sign &hall may contain any pictures obscene picture, display, representation or written matter. Subd. 3. Location. No sign other than a govemmental sign shall may be erected or temporarily placed within any street public right-of-way or upon any public property. Subd 4. Interference With Traffic. fier y ND sign to may be located within -fifty -feet -of near any street era official traffic sign or signal or within 50 feet of any, intersection, driveway, or crosswalk so as to distract or will -be -issued -en (a) Tf * 1e si,.,, wi" not interfere with the ability of drivers and pedestrians to see such traffic sign er, signal or -such, intersection, driveway or crosswalk -and RHB-149289 Ordinance #310 ME230-5 3 03-16-99 Subd. 5. Illumination. Unless otherwise prohibited, all signs may be illuminated internally or by reflected rght. Light from external fixtures directed towards signs must be designed and installed to prevent ii t from being shone directly on any other property, including any right-of-way, or from impairing Mimeset& impair the vision of any driver. pan, th » m noted the source of light sham not be diiec e upon . p, . t of a residence or into any area zoned for -residential use. Such illumination must be indirect or diffused Ap licafions for si permits pursuant to ordinance must include information regarding the candlepower and direction of illumination of all signs. Illumination from or directed towards ' u . when combined with other sources of illumination on a site, must be in compliance with section 828.11 of the city code. 815.07. Prohibited Signs. The following signs are prohibited in the zoning districts noted:: Subd. 1. Flashing Signs. Flashing signs and motion signs are prohibited in all zoning districts, except that informational signs giving time, date and temperature or notice of community or civic events are permitted in commercial and industrial 1 ' ' districts. Subd. 2. Billboards. Billboards and advertisingAns are prohibited in all Districts zoning districts. Subd 3. Painted painted directly on walls -of -buildings the wall of a structure are prohibited in all zoning districts. Subd 4. Roof Signs. Roof signs t a th of Tcpy *e . ho +he roof of any stmeture are r prohibited in all zoning districts. Subd. 5. Inflatable Signs. Inflatable signs are prohibited in all zoning districts. 815.09. Residential District Regulations. The following signs are permitted in the residential zoning districts, and are regulated as follows: Subd. 1. Name Plate, Single Family Dwelling. One name plate is permitted for each single family dwelling unit provided -thaw but may be no greater than 2 sq. ft. in area per surface and shall have no more than two surfaces. Such signs may include the Council name of a home occupation permitted under sections 825.07, subds. 49 or 49.1 of the zoning ordinance, but may not contain further advertising. Subd. 2. Name Plate, Multiple Dwelling. One name plate is permitted for each multiple dwelling; primed -that shall structure but may be no greater than 4 sq. ft. in area per surface, shall have no more than two surfaces, and shall contain only the name and address of the building ands or oceupantsly. Subd. 3. Name Plate, Dwelling Group. One name plate is permitted for each dwelling group of 8 or more residential units, previded-that-it-shall but may be no greater than 10 sq. R in area per surface, shall have no RHB-149289 Ordinance #310 ME230-5 4 03-16-99 more than two surfaces, and shall contain the name and address of the building and/or, subdivision or occupants only. Subd. 4. Name Plate, Development Area. One name plate is permitted for each development area of 10 or more lotsvided-that-it-shall but may be no more than 10 sq. ft. in area per surface, shall have no more than two surfaces, and shall contain only the name and address of the development area euly or subdivision. Subd. 5. Name Plate, Institutions. One name plate is permitted for each institutional building occupying a single lot, provided -that but no name plate, • , may exceed 32 sq. ft. in area per surface, and -shall or have no more than two surfaces. Two signs are permitted for institutional building buildings occupying comer lots, one sign facing each street, provided that the total sign area does not exceed 32 sq. ft. Some or all of the allowable area of an institutional name place sign may be used to notify passers-by of regular or special institutional events. Subd. 6. Directional Signs, Institutions and Business. Three directional signs or such other number as is reasonably necessary to direct patrons persons, whichever is less, are permitted for each business or institution, provided -that but no such signs -shall sign may be no greater than 4 sq. ft. in area per surface, shall have no more than two surfaces, shall -net be illuminated, and -shall one or contain any advertising. Subd. 7. Height and Set -Back Limitations. No sign shall exceed 6 ft. in height, nor shall any sign be placed within any public right-of-way. 815.11. Commercial and Industrial District Regulation. The following signs are permitted in Eernmereial-and Industnal-Distnetsrthe commercial and industrial zoning districts and are regulated as follows:. Subd. 1. Residential Regions. , Subd. 2. BusinessSigns. One or more business Subd. 1. Business,Signs. Business signs are permitted for on each lot or development site which is used for business purpo , as provided in this section, but no sign may contain more than two surfaces per sign; shall be no greater than 100 sq.ft. in aggregate aea-e€single surfaces, or 200ft. in Subd. 2. Wall Signs. No wall sign may exceed 15 percent of the total area of the building wall it occupies, up to a maximum of 100 sq. ft. Ne-wall-sign-shall-extend-ffiefe-thalabeve-the-highest-entside-wall-at-the-sign-lec-ation, Signs painted on the interior or exterior of any transparent surface and designed to be viewed from the exterior of the building must be included in calculating the area of wall signs on a property. Subd. 3. Free Standing Signs. No more than one free standing sign is permitted for each lot or development site which is used for business purpo _ Except as otherwise provided in this subdivision, no free-standing sign may be larger than 100 sq. ft. in area RHB-149289 Ordinance #310 ME230-5 5 03-16-99 per surface, shall eentain ne more than two surfaces, shall have a maximum height of 20ft., and shall have a . A lot or development site containing more than five acres. having n ht-of--way frontage of more than 500 lineal feet on a principal arterial. as defined in the comprehensive plan, and used primarily for retail or service nuruoses may have onefree-standing sign not more than 200 sq. ft. in area per surface. No sign may have a maximum he u t of not more than 20 ft. All free-standing signs must be set back from the public right-of-way a minimum of 10 fI e) Subd. 4, Projecting Signs. No projecting sign may exceed 10 sq. ft. in area per surface. Subd. 5. T • s I . ' u Except as regulated under section 815.15 of this ordinance. tempo . signs including banners and pennants. may be displayed for grand openings and other saecial events but not more than once during any calendar year and for not more than 15 days. The total area of all temporary signs may not exceed 50 sue. f 815.13. Additional Signs Permitted and uded in for Certain Uses. Subdivision 1. Shopping Cente. ci, to n o a n ndu '" ' re h „ be and Industrial Parks. Shopping centers containing a minimum leasable area of 50 000 sa ft. and industrial or business parks containing a minimum of 100,000 sq. ft. in two or more separate structures are permitted pylon signs in addition to the signs allowed in section 815.11 of this ordinance. No pylon sign ma these -set Pylefi-signs-shall-not exceed 100 sq. ft. in area per surface, shall contain no more than two surfaces, shall -net or exceed 36 ft. in height . Pylon signs must be set back a minimum of 10 ft. from the right-of--w. and all other property lines. No more than one nylon ' u is allowed per major thoroughfare, as defined in the comprehensive plan, which approaches the shopping center, eenimeit-ial-er or industrial or business park. If a pylon sign is used for the shopping center or industrial or business park, no pylon sign or flee standing sign be is permitted to for any individual busiuesses business within such shopping center or business park. Subd. 2. Gasoline Service Stations. One pylon sign is permitted for each gasoline service station, prided -tom but said sign deer may not exceed 30 ft. in height, shall be ne more than 64 sq. ft. in area per surface, shall contain ne more than two surfaces, and shall must maintain a minimum set -back of 10 ft. from any public right-of-way id and all other property lines. The pylon sign shall may be in addition to all other permitted signs shall not be internally illuminated, shall not exceed 6 sq. ft in area per surface, shall be limited to two signs permitted under section 815.11 of this ordinance. 815.15. Temporary Signs. Temporary signs shall be non -illuminated and shall be regulated as follows: Subd. 1. Sale of Individual Parcels. For the purpose of selling or leasing individual lots or homes sueh one temporary real estate sign is allowed provided it does not exceed 4 sq. ft. per surface and shall must be removed within 7 days following the sale or lease ersale of the property. Subd. 2. Sale of Acreage or Tract. One temporary real estate sign is permitted for the purpose of selling an acreage, promoting a residential project of 10 or more dwelling units or promoting any non-residential project; RHB-149289 Ordinance #310 ME230-5 6 03-16-99 pfevideEL-thato such sign sleet � exceed 32 sq. ft. in area per surface, have more than a single surface, and is or be located ne less than 100 ft. from any pre-existing residence. Such sign shall must be removed upon completion, sale, lease, or other disposition of the project One additional h temporary real estate sign slime is permitted for each aenal street upon which the property abuts. Subd. 3. Construction Signs. One temporary identification sign shall -be is permitted upon a construction site in any zo ' • district,-said-sign-setting€en for the purpose of identifying the name of the architect, engineer, contractor, or other principal. Such sign shall tray not exceed 64 sq. ft. in area per surface, have no more than a single surface, shall be located upon the subject construction site, and shall be removed upon completion of the project Subd. 4. Campaign Signs. Campaign signs , 8 sq. ft. in area. Campaign signs are permitted in all zoning districts and are subject to the following additional regulations: (a) Campaign signs shall not be No campaign sign may be placed or posted on any public right-of-way or public property. (b) No campaign sign maybe attached to a tree or utility pole, whether on private punperty or public property. (c) No person may place or post a campaign sign on private property without the express consent of the owner or occupant of such property. (d) All campaign signs shall must be removed within 14 days after the election. Subd. 5. Farm Signs. One farm sign, not to exceed 32 sq. ft. in area per surface and having no more than two surfaces, is permitted on each farm or other property upon which products of the farm or garden may be sold. Subd. 6. Business District. Temporary signs in a business or industrial zoning district are subject to the regulations specified in section 815.11, subd. 5 of this ordinance. 815.17. Administration and Enforcement Subdivision 1. Permits Responsible Official. The zoning administrator is responsible for the administration and enforcement of the provisions of this ordinance. Subd. 2. Permit Required. The owner or occupant of the premises on which a sign is to be erected; or the owner or installer of such the sign, shall must file an application with the zoning administrator for a permit to erect such for each sign. Penes A permit must be acquired for all each new, relocated, modified, er redesigned signs or replaced sign, except those specifically excepted exempted below. The applicant shall must submit with the application a complete description of the sign and a scale drawing showing its size, location, proposed message, materials, manner of construction, the intensity, direction and extent of illumination, expressed in foot candles, and such other information as shall may be required by the RHB-149289 Ordinance #310 ME230-5 7 03-16-99 Building -Inspector zoning administrator. If a sign authorized by permit has not been installed within 12 months after the date of issuance of said a permit, the permit shall -become is null and void. Subd. 2 3. Site Plans Required. All residential, business or industrial plats, special use permit applicaiions, or subdivisions, conditional uses, and development projects of every any kind; which require approval by the Ciry-CeuneilTshall city council must be accompanied by a site plan or survey showing the size, type and location of all proposed signs. The plan must also show the intensity direction and extent of illuminati°n. expressed in foot candles. and include a pictoral invento of all signs proposed for the site. Approval of the plat conditional use permit, or development project ode includes approval of the general location, size and type of proposed signs:; provided however, that the specific provisions of this sign ordinance shall be controlling and a sign permit must be obtained from the zoning administrator. Any major change in location, size, or type of such proposed signs requires the approval of the City Council city council. Subd. 3. Fees. An application fee set by resolution of the lication for any sign for which a permit is required. Subd. 4. Exemptions. The exemptions permitted by this section shall apply only to the requirement of obtaining a permit and shall are not tQ be construed as excusing the installer of the sign or the owner of the property upon which the sign is located fium conforming with the all other provisions of this ordinance. No permit is required under this section for the following signs: (a)Signsa Am having an area of 4 sq. ft, or less:3 (b)Signs(b) si s erected by a governmental unit, public school or church.3 temporary signs; and (d)Mernerial)d memorial signs or tablets containing the name of the building, its use, and date of erection when such sign is cut or built into the walls of the building and constructed of bronze, brass, stone, marble, or similar material. Subd 5. Variances. The Pax ion planning commission may recommend and the City Gained city council may grant variances from the literal provisions of this Ordinance ordinance in instances where the applicant for a variance has demonstrated that all of the following standards have been met: (a) Because of the physical surroundings, shape, topography or condition of the land involved, a an undue hardship to the applicant would result if the strict letter of the Ordinance ordinance were canied out; (b) The conditions upon which the variance is based are unique to the applicant's land and not generally applicable to the other property within the same zoning hem}: district; (c) The hardship arises from the requirements of the -Sign -Ordinance this ordinance and has not been created by persons presently or formerly having any interest in the property; and RHB-149289 Ordinance #310 ME230-5 8 03-16-99 (d) A granting of Granting the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the land is located. Upon the granting of a variance, the City Council city council may impose conditions and restrictions consistent with the spirit and intent of the Sign Ordinance this ordinance. 815.19. Temporary or Portable Signs. Any nencenfeniing temporary or portable sign existing upon the effective date of this ordinance and which was lawful when erected must be made to comply with the requirements set forth herein or shall be removed within 60 days after the ective date of this ordinance. 815.21. Non-Conforn ingSiens. ubd. 1. Non-confo ' s_u which are not I rohibited under this ordinance and which were lawful when constructed are allowed to continue in use, but stall may not be rebuilt, altered other than to change the message, or relocated without being brought into compliance with the requirements of this ordinance. Any non -conforming sign regulated under this subdivision must be removed from the site within six months of its abandonment or cessation of use. After a nonconforming sign has been removed, it shall may not be replaced by another nonconforming sign. No additional signs shall be permitted on a lot or site until all non -conforming signs are removed or brought into full 81 conformance with the pxavisiersef is Ordinance. requirements of this ordinance. Subd. 2. Prohibited signs, except billboards and advertising signs, shall be regulated under this subdivision. a Inflated signs shall be removed immediately. Painted signs shall be removed within one year of the effective date of this ordinance. LO Flashing and motion signs and roof signs which are lawful when constructed shall be allowed to continue in use but may not be rebuilt, relocated or altered in any way without being brought into compliance with the requirements of this ordinance and must be removed from the site within six months of abandonment or cessation of use. No additional signs shall be permitted on a lot or site until all non -conforming signs are removed or brought into full conformance with the requirements of this ordinance. Subd. 3. Billboards and advertising signs which were lawful when constructed may be allowed to continue in use but may not be rebuilt, relocated, expanded or altered in any way except to change the message. Any billboard or advertising sign which is abandoned or which is not used for a period of six months or more must be removed from the site by the owner of the sign or the owner of the property and may not be reestablished thereafter. RHB-149289 Ordinance #310 ME230-5 9 03-16-99 815.23. Dammed S' Notwi s ' _ an other s rovision to the contrary, a non -conforming skin ma be repaired if it has sustained dame which does not exceed 50% of the replacement value of the sign. as determined b the s ' administrator, and such repair is necessary to preserve the s blic health and safe is . The ci I may order the removal of any sign or ' a structure which it determines is tuisotmd or hazardous and which has sustained damage of 50% or more of the replacement value of the ' a as determined by the zoning administrator. Failure of notification en lx the part of the City dV shall not place any liability on the paFt-e€theC-ity d_v nor absolve or mitigate any liability on the part of the owner of such sign or sign structure. b g 4-5: 9 815.25. Offenses. It shall be sgliavifial a misdemeanor for any person, firm or corporation, to erect, alter, repair, remove, equip, maintain, or permit any sign or sign structure or cause or permit the same to be done in violation of any of the provisions of this 9PEliriariee ordinance. Section II. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this 16t day of March, 1999 1998. 1999, J/1. / ,� Ferris, ayor Paul Robinson, Clerk -Treasurer Published in the Lakeshore Weekly News this 14 day of April, 19981999. RHB-149289 Ordinance #310 ME230-5 10 03-16-99 STATE OF MINNESOTA COUNTY OF HENNEPIN I, the undersigned publisher or editor of the Lakeshore Weekly News, swear that said the newspaper has its office of issue at 18178 Minnetonka Blvd, in the City of Wayzata, in the County of Hennepin, State of Minnesota, and is a third class free distribution newspaper with a combined circulation of 25,000. I further state an oath that the printed Legal Notice hereto attached as a part hereof was cut from the columns of said newspaper, and was printed therein in the English language one a week for i weeks(s) that it was fir t so published,q }, the I ST day of ,19 "I _I a last �appeaon the day of , 19 The following is a copy of the lower case alphabet which is acknowledged to have been the size and kind or type used in the publication of said notice. Signed abcdef • Ihr no •, stuvwxyz (Publ S sc ibed and sworn to b 7" day of Notary Public fore :.V.""r* aeaas0**4a,o4,11+s: AMY L. CICCHESE NOTARY PUBLIC - M:INNESOTA My Commission Expires Jan. 31, 2000 Zuris>otowaysaavrss »,e4tor;a.t.$etoss1+h rAtowair: CITY OF MEDINA PUBLIC NOTICE ORDINANCE # 310 AMENDING SECTIONS 815.01 ET SEQ. OF THE CITY CODE RELATING TO SIGNS +i The City Council of the City of Medina has adopted Ordinance No. #310. The ordinance is a comprehensive " R amendment of the city's regulations regarding signs. The ordinance addresses a number of inconsistencies and ambiguities in the current ordinance. It corrects errors in grammar and syntax and provides for a uniform style. Certain substantive provisions have also been modified, including allowing larger business signs in certain cir- cumstances. The ordinance expands the list of documen- 4,4 tation which must be submitted in order to obtain a sign ** permit. The ordinance also clarifies the regulations regard- ing non -conforming and damaged signs. A full copy of ±' the ordinance is on file at city hall in the office of the clerk- if treasurer and may be reviewed during regular business °= hours. t Adopted by the City Council of the City of Medina March 16th, 1999. Paul Robinson City Clerk -Treasurer Published in the Lakeshore Weekly News this 1st day of April,1999.