Loading...
HomeMy Public PortalAbout410CITY OF MEDINA ORDINANCE NO.410 An Ordinance Related to Signs, Repealing Sections 815.01 through 815.25 and 828.06, amending Sections 830.06, subdivision 2(a)(i), 831.07, subdivision 1(t), 832.07, subdivision 1(v), 833.07, subdivision 1(v) and 834.07, subdivision 2(e) and (m) and adding new Sections 815.01 through 815.33 The city council of the city of Medina ordains as follows: SECTION I. The existing Medina Code Sections 815.01 through 815.25 and Section 828.06 are being repealed. SECTION II. Medina Code Section 830.06, subdivision 2 (a)(i) is amended by deleting the striel£en material as follows: Section 830.06. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings and functions are compatible. Plans and proposed use of the property shall conform to the design and development standards prior to approval of the PUD Development Plan and before any building permit is approved. The applicant or owner shall supply data necessary to demonstrate such conformance. Subd. 2. Design and Development Standards — Specific Uses. (a) Single Family Dwellings. (i) Setting. (aa) Street Lighting. Lighting on public and any private roads shall be decorative and be consistent with the City's approved design. Such lighting shall meet the Illuminating Engineering Society of North America (IESNA) definition of cutoff and direct illumination with no more than 10% of the light output of the fixture aimed above 90 degrees above the horizontal (no more than 10% of the light output of the light fixture is allowed to be cast above a horizontal plane extending through the light source). Additionally the lighting level shall not exceed 0.3 FC at the edge of the property line when measured at eye level and aimed at the light source. Ordinance No. 410 August 2, 2006 (bb) Monument Signs. Each PUD (PUD 1 and PUD 2) shall be allowed at least one monument sign with minimal lighting subject to approval by the City, at each vehicular entrance which the City or an open space, if the size, type and design are consistent with City Ordinances and the development plan. 1 (cc) Lanes for Fire Access. Lanes for fire access shall be provided as determined necessary. (dd) Drainage. Natural drainage shall be provided consistent with the City and watershed district requirements and proper easement shall be provided. (ee) Impervious Surface. The site plan shall show impervious surfaces, calculations and ratio. Such ratios shall meet the requirements of this ordinance. (ff) (gg) (hh) Buffers. Landscaped buffers shall be provided and established to protect and screen potential functional differences or use/density differences when significant. Maintenance of Common Areas. A maintenance agreement in a form acceptable to the City must be submitted to provide adequate and ongoing maintenance of the common areas and, if appropriate, public areas. Placement. Buildings shall be located consistent with the existing grades of the land and the location of trees, wetlands and other environmentally sensitive features which shall be protected. (ii) Diversity. Diversity shall be provided in terms of size, type, building orientation and form. Easements. Easements shall be provided and filed consistent with the plan and City approvals. SECTION III. Medina Code Section 831.07, subdivision 1(t) is amended by deleting the stricken material as follows: Section 831.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply data necessary to demonstrate such conformance. Subd. 1. Design and development standards — all uses: The following design and development standards are identified for all uses. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. Ordinance No. 410 August 2, 2006 2 0-) Signs All private signs shall be integrated with the building design and -architecture in terms of material, style, color, and placement. Signs must `3Ipn Face (SCi. FcCt) Lot Size MaX+RIEWR- GlLoutici -Sigrra Mcull iioiiri -giZ- Size fur Feet) tfeigHt-19 Ft.) Signs eigns4S14- -Feet) .(acres)� (Sq. Feat) • 1 egg- -64- ---1— -TN- 1 10t3- to 5 150 -89- 32 32 -200 tet- 5 to 20 408- (4) Ground signs Must be consistent with the approved standards re be ,,.,,,,tea ; ,,,iaeeapea lievi . + le st t-li feo time the f� Minimum setback 20 feet from all lot lines, except the minimum ,hall be 10 feet on the front lot line if located at least 25 feet from (iii) Wall Signs Shall not be larger than 8 percent of the area of the wall on which it is located or the square feet specified above, (iv) Real Estate Signs Are temporary in nature and must be removed SECTION IV. Medina Code Section 832.07, subdivision 1 (v) is amended by deleting the striekee material as follows: Section 832.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Subd. 1. Design and development standards - all uses: The following design and development standards are identified for all uses. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. Ordinance No. 410 August 2, 2006 3 {v} Signs All private signs shall be integrated with the building design and architecture in terms of material, style, color, and placement. Signs must conform to the City's lighting ordinance and the following table: Ordinance No. 410 August 2, 2006 Maximum Size of Sigr f aco lSa. Feet) Lot Size Wali-Sigi- -Maxi - for (oi G7v>11T�l� Sign Aroa Allow4d Size femporary Sic Rent -Estate �1 (Max (Sq. c fret) F gns (Sq. f (Sq. poet) -eet) 100 I 100 -64- 32- --.4_ -613- 1 to 5\=1-50- 493- 32 5 is 20 200 100 4W- 20 -2-561- 489- 200 > (i) Ground signs Must be consistent with the approved standards and be located in a landscaped area having at least three times the square foot area as the ground sign. (—M-sctbaek- 2 n f et fre a 11 1 t 1; o (iii) Wall Signs Shall not be larger than 8 percent of the area of the wall on which it is located or the square feet specified above, whichever is less. (iv) Real-Estaten re teffi .,,r-ar , to .,a st he l ithi , 3n ,1 f:,ll l 1 f tl� reii363vZ ��orro�vs4ir�zcasiirg-of9 ar�8r-crrc PfePeftt 4 SECTION V. Medina Code Section 833.07, subdivision 1(v) is amended by deleting the strislken material as follows: Section 833.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Subd. 1. Design and development standards - all uses: The following design and development standards are identified for all uses. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (#) Signs All private signs shall be integrated with the building design and architecture in terms of material, style, color, and placement. Signs must conform to the City's lighting ordinance ...a +lief ,,,.,.,;,,,..able Sign Face (Sq. Feet) Max-4mm 6reaa1 Maxiaittfa Maximum Sign Size for Size for Let Area (A4a Tempel Real Size wed Height 10 Wall Signs (Sq. Estate (aeres) (Sq. Feet) Ft.) Sign Feet) signs (Sq. Feet) 44- 4-00 4-09 64 1 to 5 150 499 S9 3.2 32 5 to 20 200 499 4-00 >20 250 4-08 200 (4) Ground signs Must be consistent with the approved standards and be located in a landscaped area having at f� Minimum setback 20 feet from all lot lines. (iii) Wall Signs Shall not be larger than 8 percent of the area of the wall on which it is located or the square feet (iv) Real Estate Signs Arc tcmporary in naturc and must be Pfel3eft-Y SECTION VI. Medina Code Section 834.07, subdivision 2(e) and (m) is amended by deleting the stricken material as follows: Ordinance No. 410 August 2, 2006 5 Section 834.07. Design and Development Standards. Design and developments standards are established for this district to achieve an attractive, liveable and viable town center consistent with the purpose of this district and to assure that land uses, buildings and functions are compatible within the district. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. The plans and proposed use of a property shall conform to the design and development standards prior to approval of a construction or land use permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Subd. 2. Buildings - Architectural Standards: (e) Porches (Overhangs — Canopies — Arcades). Porches, which overhang into walks, are one of Uptown Hamel's trademarks. These features should be preserved, enhanced, and improved. New commercial structures on Hamel Road and Sioux Drive are expected to be designed and constructed with these features. New porches, arcades or similar structures which overhang or extend into the right -of way may be allowed by the City through approval of the plan. The property owner may be required to obtain a license from the City or to execute an agreement with the City governing its use, maintenance and other factors. (m) Design criteria/guidelines include: Height: If it projects into the public right of way, a pedestrian clearance of at least 7.5 feet and a height consistent with the architecture of the building shall be provided. Width: At least 6 feet. Columns: Shall be traditional in design and made from durable materials such as finished anodize metal, wrought iron or wood in a color compatible with the building. Wood columns must be cedar or redwood lumber, at least 6 inches by 6 inches, which may be stained or painted. Roof: Shall be durable and meet the wind and snow loads required by code. Slopes should be to the street and away from the pedestrian. Signs: No sign shall be on the outside portion of the porch. A sign no larger than Signs. All private signs shall be integrated with the building design and architecture in terms of material, style, color, and placement. Signs must conform Ordinance No. 410 August 2, 2006 6 't.{�t titaxtrrarrn Si-ze-ef � face Fcct) (Sq. ivitt:tttfittt- It9a um Grutind Si2F •t Tu cl Siyi i �irco /i11oH•cd Siyi i 1. clA. 1 {eight 10 Ft.) Eli te,� it Sign SizC fef Real •EstaWsigns Pori._ 11 •-StgR- wt iy� tefett Fget) Feet) (Sq. (Sq. -64- 100 32- i3$' 1 to- 16e-1 490- 32- _5 to 1 -99- 40- T- lee— a•98-J (}) Ground Signs: Must be consistent with the approved standards and be as the ground sign. 1 IiSetteelc. AT., TL,o setb ek , ,;11 be eleto.....kirie,l d,.-,,ugl she ite p , (iii) W.,11 Cigis. C1,.,11 net be lafge.. t-tio , 1 n fte ent a Elie ., o of the . ,a11 e t,' 1 to tiic-sq feet -Sp e}�ed-ab1. l 1 ad6'zirelizt�fi-z�acvcrvi- uccivz e , daierrci'eirricsr. ON') 04) Historic Signs: Shall not be counted as sign area if less than 5 square feet iit-f Real Estate Signs: Are temporary in nature and must be removed within Prohibited Private Signs: Prohibited signs include rooftop signs, hillbeariElsrsigts-preieeting-mer-e-thaii-3-feet-fr-effi-the-wall-ef-a-building.If provide a clearance ^fa+ leas+''.5roe+. SECTION VII. New Medina Code Sections 815.01 through 815.33 are being added as follows: 815.01. Purpose. It is hereby declared by the city council that the aesthetic and safety interests of the city are reasonably promoted by the provisions of this ordinance. Accordingly, it is the intent and purpose of this ordinance to provide for the orderly and harmonious display of signs within the city; to aid in the identification of properties and enterprises for the convenience of the public; to avoid the erection of displays which produce deleterious and injurious effects to adjacent properties and to the natural beauty of the environment; to provide for the safety of the traveling public by limiting the distractions, hazards, and obstructions; to minimize visual clutter and encourage a positive visual environment; and to promote the mental and physical health, safety and welfare of the public. Ordinance No. 410 August 2, 2006 7 815.03. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: Subd. 1. "Abandoned Sign" is a sign located on a property which is vacant and/or unoccupied for a period of ninety (90) days; or a sign which is damaged, in disrepair, or vandalized and not repaired within ninety (90) days. Subd. 2. "Address Sign" is a sign which indicates the address, number and/or the name of occupants of the premises. An Address Sign shall not exceed two (2) square feet in area per side for a residential single family property, eight (8) square feet for a multi -family dwelling building and twelve (12) square feet for a commercial unit building, and shall not include any other messages. Subd. 3. "Billboard" is anv structure or portion thereof on which lettered, figured, or pictorial matter is displayed for advertising purposes and having an area of one hundred (100) square feet or more. Subd. 4. "Directional Sign' is a sign which is erected for the purpose of guiding vehicles and pedestrian traffic in finding locations on the property where the sign is located. The Directional Sign shall be less than four (4) square feet in surface area, consist of only two surfaces and contain no illumination or additional messages. Subd. 5. "Flashing Sign' is an illuminated sign on which such illumination is not kept stationary or constant in intensity. Subd. 6. "Historic Sign' is a sign that memorializes an important historic place, event or person and that is recognized by a governmental entity. Subd. 7. "Illuminated Sign' is a sign which is illuminated by an artificial light source. Subd. 8. "Incidental Sign" is a small sign, emblem or decal informing the public of goods, facilities or services available on the premises (e.g. a credit card sign or a sign indicating hours of business) and that does not exceed two (2) square feet. Subd. 9. "Monument Sign' is a freestanding sign that is attached to the ground by means of a freestanding support structure, solid from grade to the top of the sign structure and is typically encased or supported by masonry materials. Subd. 10. "Motion Sign' is a sign which revolves, rotates, or has any moving parts. Subd. 11. "Portable Sign' is a sign so designed as to be movable from one location to another and which is not permanently attached to the ground or any structure, including those on wheels. Portable Signs shall not include any flashing lights. Ordinance No. 410 August 2, 2006 8 Subd. 12. "Projecting Sign" is a sign in which all or any part of it extends perpendicular to and projects from a building face, wall or structure and which its primary purpose is other than the support of the sign. Subd. 13. "Pylon Sign" is a sign erected on a post or posts, or freestanding shafts, walls or piers which is solidly affixed to the ground and not attached to a building. Subd. 14. "Roof Sign" is a sign erected upon the roof of a structure to which it is affixed or a sign painted on the roof of a structure. Subd. 15. "Sign" is any letter, word, symbol, device, poster, picture, statuary, reading matter, or representation in the nature of an advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed which is displayed outdoors for informational or communicative purposes. Subd. 16. "Sign Area" is that area within the marginal lines of the sign surface which bears the announcement, name, advertisement or other message, or, in the case of letters, figures, or symbols attached directly to anv part of a building or wall, that area which is included in the smallest rectangle which can be made to circumscribe all letters, the figures, or symbols displayed thereon. The maximum Sign Area for a free standing sign refers to a single surface. Subd. 17. "Temporary Sign" is a sign which is erected or displayed for a limited period of time, is not illuminated and not of a permanent nature, including banners, inflatable devices or sandwich boards. Subd. 18. "Vehicle Sign" is any sign that is attached, painted on or placed onto or inside a parked vehicle that is used primarily for any purpose other than the sale or rental of the vehicle itself. Vehicle Signs shall not include signs on trailers, buses, trucks, taxis or other vehicles parked on the vehicle owner's own premise while in the course of business provided that the primary use of the vehicle is not for purposes outside of the premise's business. Subd. 19. "Wall Sign" is a sign affixed to the exterior wall, awning or canopy of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall, not to project more than twelve (12) inches from the surface to which it is attached. Subd. 20. "Window Sign" is a sign that is affixed to and not painted on the interior or exterior of a window or glass door or inside a building within three (3) feet back from the building's window or glass door with its message intended to be visible to and readable by the public. Subd. 21. "Zoning Administrator" is the officer or other person at the city charged with the administration and enforcement of this ordinance, or his or her duly authorized deputy. 815.05. Sign Permit Required., Exceptions., Sign Prohibitions: Ordinance No. 410 August 2, 2006 9 Subd. 1. Permit Required. It is unlawful to install, construct, erect, alter, revise, reconstruct or relocate any Sign as defined in this ordinance in the city without first obtaining a permit therefore as required by this ordinance, except as provided in subdivision 2 of this Section. Subd. 2. Exemptions. A Sign permit need not be obtained for the following Signs, provided that all other applicable requirements of this ordinance are met: La) One Sign smaller than five square feet in area (excluding temporary signs) may be posted on any parcel of land; tb,) Signs posted by authorized government officials on public land or right- of-way; f_cj Signs within a business, office, mall or other enclosed area that cannot be seen from the outside; Up to two Address Signs per property; Lej Incidental Signs; .O Flags. No flag on a flagpole shall exceed forty (40) square feet in area. No single property shall fly more than three (3) flags at one time. Flagpoles shall not exceed forty (40) feet in height. If the total area of the flags exceeds seventy two (72) square feet, the excess area shall be included in any Sign Area calculations for the property. Wall -mounted flags shall be limited to one flag per property and shall not exceed twenty ,(20) square feet in area; and (g) Handicapped parking Signs. Subd. 3. Prohibited Signs. The following signs are prohibited in all zoning districts. fal Abandoned Signs; tb,) Billboards; fc,) Flashing Signs; iLdj Motion Signs; Lej Roof Signs; tn Vehicle Signs; and Ordinance No. 410 August 2, 2006 10 (g) Signs posted within the public right-of-ways and public property~ excluding Directional Signs and Signs expressly allowed herein and by other governmental agencies. 815.07. Permitted Signs in all Zoning Districts. The following Signs are permitted in all zoning districts. A Sign permit is required for each Sign. Subd. 1. Signs on Construction Sites. Two Signs shall be permitted upon a construction site in any zoning district. Each Sign shall not exceed sixty-four (64) square feet in area per surface; shall be limited to a single surface; shall be located upon the subject construction site; shall be set back ten (10) feet from the right-of- way, and shall be removed upon completion of the construction site improvements and release of the financial guarantee. Subd. 2. Temporary Signs. No Sign permit shall be issued by the city for a Temporary Sign for a duration of more than twenty-one (21) days at one time or for more than three (3) twenty-one day periods in any calendar year. Permit periods may run consecutively without interruption if approved by the city. Only one (1) Temporary Sign shall be allowed on a property at one time. In cases of properties with multiple tenants, one (1) Temporary Sign per tenant shall be allowed at one time. Subd. 3. Portable Signs. No Sign permit shall be issued by the city for a Portable Sign for a duration of more than fourteen (14) days at one time and no more than one time per quarter of a calendar year. 815.09. Residential District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Residential Districts. A Sign permit is required for each Sign. No Sign in a Residential District shall exceed six (6) feet in height. Subd. 2. Permitted Signs. The following additional types of Signs are permitted in Residential Districts: Laj Directional Signs. One (1) Directional Sign is permitted for each property; Lbj Monument Signs. Monument Signs are permitted at the entrance of a residential subdivision but shall be no greater than thirty (30) square feet and be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. The Monument Sign shall be set back at least ten (10) feet from the curb or right-of-way. If illuminated, the Monument Sign shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances; and Ordinance No. 410 August 2, 2006 11 fc,2 Home Occupation Signs. Home occupation Signs shall be approved by the city council in conjunction with a conditional use permit for the home occupation. The home occupation Sign shall be no greater than eight (8) square feet, have only one (1) side, be set back at least ten (10) feet from the right-of-way. The home occupation Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the home occupation Sign base. 815.11. Urban and Rural Commercial District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Urban and Rural Commercial Districts. A Sign permit is required for each Sign. All Signs in Urban and Rural Commercial Districts shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Area. The Signs on an Urban and Rural Commercial District Property may consist of any of the types of Signs permitted by this Ordinance, but the Signs shall not exceed the following total Sign Area: Lot Size (Acres1 < 1 Acre 1.1 — 5 Acres 5.1 — 20 Acres Maximum Total Sign Area 100 Square Feet 150 Square Feet 200 Sauare Feet Subd. 3. Permitted Signs. The following additional types of Signs are permitted in Urban and Rural Commercial Districts: f../1 Directional Signs. Directional Signs shall be only permitted for properties utilizing a drive-thru or that have loading or staging areas. Two (2) Directional Signs are permitted for each property. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way; thl Monument Signs. A Monument Sign shall not be greater than ten (10) feet in height. The Monument Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four (4) different places around the Sign required. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. A Monument Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Monument Sign may be set back only ten (10) feet from the front lot line of the property if it is located at least twenty-five (25) feet from the side lot lines; Multi -Tenant Wall Signs. A Multi -Tenant Wall Sign shall not be larger than eight (8) percent of the area of the wall on which it is located or the Ordinance No. 410 August 2, 2006 12 t) square feet specified above, whichever is less. The Sign shall be centered on the wall., Projecting Signs. A Projecting Sign shall not extend any more than twelve (12) inches away from the surface of a building face, wall or surface. All Projecting Sign surfaces shall count toward the total Sign Area allowed by this Section. No Projecting Signs shall exceed three (3) feet in height; Pylon Signs. No Pylon Sign shall exceed fifteen (15) feet in height. The Pylon Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four different places around the Sign required. The Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Pylon Sign base. A Pylon Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Pylon Sign may be set back only ten (10) feet from the front lot line of the property if it is located at least twenty-five (25) feet from the side lot lines. One (1) Pylon Sign is permitted for each gasoline service station, provided that said Sign does not exceed thirty (30) feet in height, is no more than sixty-four (64) square feet in Sign Area and maintains a minimum setback of ten (10) feet from any public right-of-way. Said gasoline service station Pylon Sign shall be allowed in addition to all other permitted Signs. As an alternative, the gasoline service station may have up to three (3) Signs totaling eighty (80) square feet of Sign Area if one surface is used and one hundred and sixty (160) square feet if two surfaces are used, provided that all such Signs are attached to the same post or other structure, provided however, that such Signs shall not be internally illuminated, shall not exceed six (6) square feet in Sign Area per surface and may be placed at a zero (0) foot setback; a) Wall Signs. No Wall Sign shall exceed sixty four (64) square feet in total Sign Area. The Wall Sign shall be centered on the wall to which it is attached., and (g) Window Signs. Window Signs shall be limited to one per property or establishment. All Window Signs shall not exceed fifty (50) percent of the window on which it is placed. 815.13. Business Park District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Business Park Districts. A Sign permit is required for each Sign. All Signs in Business Park Districts shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color, and placement and the requirements set forth in Section 832 of the city's ordinances. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Ordinance No. 410 August 2, 2006 13 Subd. 2. Maximum Sign Area. The Signs on a Business Park District property may consist of any of the types of Signs permitted by this ordinance, but the Signs shall not exceed the following total Sign Area: Lot Size (Acres) 5.1 — 10 Acres 10.1-15Acres > 15.1 Acres Maximum Total Sign Area 175 Square Feet 250 Souare Feet 275 Souare Feet Subd. 3. Permitted Signs. The following additional types of Signs are permitted in the Business Park District: LaJ Directional Signs. Directional Signs shall be only permitted for properties that utilize a shared private driveway or private road. Three (3) Directional Signs are permitted for each property. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way; Monument Signs. A Monument Sign shall not be greater than ten (10) feet in height. The Monument Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four (4) different places around the Sign required. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. A Monument Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Monument Sign may be set back only ten (10) feet from the front lot line of the property if it is located at least twenty-five feet from the side lot lines; Lo Multi -Tenant Wall Sign. A Multi -Tenant Wall Sign shall not be larger than eight (8) percent of the area of the wall on which it is located or the square feet specified above, whichever is less. The Sign shall be centered on the wall; fsj Pylon Sign. No Pylon Sign shall exceed fifteen (15) feet in height. The Pylon Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four different places around the Sign required. The Pylon Sign shall be landscaped around the perimeter of the base of the Ste. The landscaping shall cover at least two (2) times the total area of the Pylon Sign base. A Pylon Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Pylon Sign may be set back only ten (10) feet from the front lot line of the property if it is located at least twenty-five (25) feet from the side lot lines; One (1) Pylon Sign is permitted for each gasoline service station, provided that said Sign does not exceed thirty (30) feet in height, is no more than sixty-four (64) square feet in Sign Area and maintains a minimum setback of ten (10) feet from any public right-of-way. Said gasoline service station Ordinance No. 410 August 2, 2006 14 Pylon Sign shall be allowed in addition to all other permitted Signs. As an alternative, the gasoline service station may have up to three (3) Signs totaling eighty (80) square feet of Sign Area if one surface is used and one hundred and sixty (160) square feet if two surfaces are used, provided that all such Signs are attached to the same post or other structure, provided however, that such Signs shall not be internally illuminated, shall not exceed six (6) square feet in Sign Area per surface and may be placed at a zero (0) foot setback; and (fl Wall Signs. No Wall Sign shall exceed one hundred (100) square feet in total Sign Area. The Wall Sign shall be centered on the wall to which it is attached. 815.15. Industrial Park District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Industrial Park Districts. A Sign permit is required for each Sign. All Signs in the Industrial Park District shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color, and placement and the requirements set forth in Section 833 of the city's ordinances. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Area. The Signs on an Industrial Park District property may consist of any of the types of Signs permitted by this ordinance, but the Signs shall not exceed the following total Sign Area: Lot Size (Acres) 5.1 — 10 Acres 10.1 — 15 Acres > 15.1 Acres Maximum Total Sign Area 175 Square Feet 250 Square Feet 275 Square Feet Subd. 3. The following additional types of Signs are permitted in Industrial Park Districts: Laj Directional Signs. Directional Signs shall only be permitted for properties that have loading and staging areas or that utilize a shared private driveway or private road. Three (3) Directional Signs are permitted for each Property. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-ways fib,) Monument Signs. A Monument Sign shall not be greater than ten (10) feet in height. The Monument Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four (4) different places around the Sign required. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. A Monument Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Monument Sign may be set back only ten (10) feet from the front lot line Ordinance No. 410 August 2, 2006 15 of the property if it is located at least twenty-five feet from the side lot lines; Lg) Multi -Tenant Wall Sign. A Multi -Tenant Wall Sign shall not be larger than eight (8) percent of the area of the wall on which it is located or the square feet specified above, whichever is less. The sign shall be centered on the wall; and tf Wall Sign. No Wall Sign shall exceed one hundred (100) square feet in total Sign Area. The Wall Sign shall be centered on the wall to which it is attached. 815.17. Uptown Hamel District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following signs are permitted in the Uptown Hamel District. A Sign permit is required for each Sign. All Signs in the Uptown Hamel District shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color, and placement and the requirements set forth in Section 834 of the city's ordinances. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Area. The Signs on an Uptown Hamel District Property may consist of any of the types of Signs permitted by this Ordinance, but the Signs shall not exceed the following total Sign Area: Lot Size (acres) Maximum Size of Sign Face (Sq. Feet) Maximum Total Sign Area Allowed (Sq. Feet) Ground Sign (Max. Height 10 Ft.) Wall Signs Historic Sign Maximum Size for Real Estate signs (Sq. Feet) Porch Sign < .1 100 32 64 5 32 2 .11 to .5 100 32 80 .51 to 1 100 32 90 >1 100 40 100 Subd. 3. Permitted Signs. The following additional types of Signs are permitted in the Uptown Hamel District: Laj Porch Signs. No more than one (1) porch Sign shall be permitted for each property. Porch signs shall include signs within or on overhangs, canopies or arcades. All porch Signs larger than two (2) square feet in Sign Area shall be located on the outside portion of the porch; bS� Monument Signs. The Monument Sign shall be landscaped around the Ordinance No. 410 August 2, 2006 16 perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base; f_cj Wall Signs. No Wall Sign shall be greater than ten (10) percent of the area of the wall on which it is located. A Wall Sign shall be centered on the wall to which it is attached; Multi -Tenant Wall Sign. A Multi -Tenant Wall Sign shall not be greater than eight (8) percent of the area of the wall on which it is located or the square feet specified above, whichever is less. The Sign shall be centered on the wall; fsi Historic Signs. Historic Signs shall not be counted in the total Sign Area for the property if the Historic Sign is less than five (5) square feet in Sign Area. th Projecting Signs. A Projecting Sign shall not extend any more than twelve (12) inches back from the surface of a building face, wall or surface. If the Projecting Sign extends more than six (6) inches back from the building face, wall or surface, the Sign shall provide a height clearance underneath it of at least seven and one-half (7.5) feet.. No Projecting Sign shall exceed three (3) feet in height; and Window Signs. Window Signs shall only be permitted for special occasions and shall be subject to the same restrictions as Temporary Signs. Section 815.19. Public -Semi Public District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Public -Semi Public Districts. A Sign permit is required for each Sign. All Signs in Public -Semi Public Districts shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color, and placement. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Area. The Signs on a Public -Semi Public District property may consist of any of the types of Signs permitted by this Ordinance, but the Signs shall not exceed the following total Sign Area: Lot Size (Acres) < 1 Acre 1.1 — 5 Acres 5.1 — 20 Acres Maximum Total Sign Area 50 Souare Feet 75 Square Feet 100 Souare Feet Subd. 3. Permitted Signs. The following additional types of Signs are permitted in Public -Semi Public Districts: LaJ Monument Signs. A Monument Sign shall not consist of more than fifty (50) square feet of Sign Area. A Monument Sign shall not be greater than ten (10) feet in height. The Monument Sign's height shall be calculated Ordinance No. 410 August 2, 2006 17 by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four (4) different places around the Sign required. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. A Monument Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Monument Sign may be set back only ten (10) feet from the front lot line of the property if it is located at least twenty-five feet from the side lot lines; Wall Sign. No wall sign shall exceed thirty-two (32) square feet in total Sign Area. The sign shall be centered on the wall to which it is attached. 815.21. General Sign Location, Design and Construction Requirements. Subd. 1. General Requirements. All Signs shall conform to the requirements of this Section whether or not a Sign permit is required. All Signs shall be constructed in such a manner and of such material that they shall be safe and substantial. All Signs shall be properly secured, supported and braced and shall be kept in good repair so that public safety and traffic safety are not compromised Subd. 2. Maintenance. The area on the property around the Sign on which it is erected shall be properly maintained and clear of brush, long grass, weeds, debris, rubbish and other obstacles. All burned -out light bulbs or damaged panels on a Sign shall be immediately replaced. Subd. 3. Sign Copy. All Sign copy shall be fastened securely to the Sign face and maintained on a regular basis. Any missing Sign copy shall be replaced immediately. Any Sign copy that is outdated must be removed within thirty (30) days. Subd. 4. Location. No Sign shall be located so as to obscure any existing Sign. No sign other than a governmental sign shall be erected or temporarily placed within any street right-of-way or upon any public easement. No Sign shall be attached or placed upon any building in such a manner as to obstruct any window or door or fire escape or be attached to any fire escape. The minimum clearance of any Sign from unprotected electrical conductors shall be not less than thirty-six (36) inches for conductors carrying not over six hundred (600) volts and forty-eight (48) inches for conductors carrying more than six hundred (600) volts. Subd. 5. Interference with Traffic. A Sign shall not be located within fifty (50) feet of any street, traffic sign or signal, intersection, driveway or crosswalk. A Sign may be located closer than fifty (50) feet if it can be shown that the Sign will not interfere with the ability of drivers and pedestrians to see the traffic sign or signal, intersection, driveway or crosswalk, and the Sign will not distract drivers nor cause any interference with such traffic sign or signal. Subd. 6. Illumination. Illuminated signs shall be subject to the electrical requirements of the electrical code of the State of Minnesota. Illuminated signs shall also be subject to the requirements of Section 829 of the city's ordinances. Ordinance No. 410 August 2, 2006 18 Subd. 7. Temporary Signs. Temporary Signs shall be designed so that they are not readily overturned. Temporary Signs shall not be hung or installed so as to cover, either partially or completely, any door, window or opening required for ventilation. Laj. Banners shall be strongly constructed and be securely attached to their supports. They shall be repaired or removed as soon as they are damaged or torn. (b) Changeable copy Signs shall not obscure motorist or pedestrian vision and shall not block or otherwise interfere with a public or private sidewalk or trail. Such Signs may be illuminated provided said illumination is not a nuisance to motorists or to adjoining properties. Flashing lights, strobe lights or lights which could be confused with an emergency vehicle shall be prohibited. fsj Inflatable Devices shall be securely tethered and attached to the ground or building. No Mylar or metallic balloons shall be permitted to be displayed or flown outside. 815.23. Sign Permit Applications. The owner or occupant of the property on which a Sign is to be erected, or the owner or installer of such Sign, shall file an application with the city Zoning Administrator for a Sign permit. Sign permits must be acquired for all new, relocated, modified, or redesigned Signs except those specifically excepted in this ordinance. Subd. 1. Required Information. An application for a Sign permit shall include the following information: (a) The name, address and telephone number of the applicant; (b) The legal description and address of the property to which the Sign is to be placed; (c) A site plan complete with the description of the Sign, a scaled drawing showing the Sign's size, location, manner of construction, landscaping, color, construction materials and lighting details; (d) A blueprint or ink drawing of the plans and specifications and the method of construction and attachment of the Sign; (e) A certified survey with the existing and proposed grading of the site location for which the Sign will be placed if the Sign construction will disturb more than fifty (50) cubic yards of earth. The certified survey shall show the existing and proposed site elevations in two (2) foot contours, drainage patterns and silt fence location for erosion control for the proposed site; (f) The name of the person or entity erecting the Sign, if not the applicant, or the name of the person on whose property the Sign is to be located, if not the applicant; (g) The written consent of the owner of the property, if not the applicant; (h) A statement as to whether the Sign will be illuminated or not; (i) A statement as to whether any electric lights on the Sign will be flashing or not: Ordinance No. 410 August 2, 2006 19 a) A statement as to whether the Sign will be single faced, double-faced or multi -faced., and (k) Such other information as shall be required by the Building Inspector and/or the Zoning Administrator. Subd. 2. Permit Fees. The application for a Sign permit shall be accompanied by the required Sign permit fee and any applicable building permit fee. The Sign permit and building permit fees shall be established by resolution of the city council. Subd. 3. Master Signage Plan. A master signage plan shall be included for any Sign permit applications that involve any residential, mixed -use, commercials business park and industrial planned unit developments that include multiple structures and/or substantial site area and/or mixed uses. The master signage plan must address the visibility needs of the entire development area, while remaining consistent with the intent of this ordinance to require high quality signage. The master signage plan shall also include permanent Sign covenants which can be enforced by the city. Subd. 4. Sign Permit Issuance/Denial. Provided that the Sign permit application is complete and approved by the Zoning Administrator, all fees have been paid, and the proposed Sign and the property upon which the Sign is to be placed are within the requirements of the ordinance and all other ordinances, statutes and regulations, the Zoning Administrator shall then issue the Sign permit. In the event that the Zoning Administrator determines that all requirements for approval have not been met, he or she shall promptly notify the applicant of such fact and shall automatically deny the Sign permit. Notice shall be made in writing and sent to the applicant's address listed on the Sign permit application. Subd. 5. Inspection. The Zoning Administrator or Building Inspector shall inspect the property for which a Sign permit is issued on or before six (6) months from the date of issuance of the Sign permit. If the Sign construction is not substantially complete within six (6) months from the date of issuance, the Sign permit shall be revoked. If the construction is substantially complete, but not in full compliance with this ordinance, other ordinances and applicable codes, the Zoning Administrator shall give the applicant notice of the deficiencies and shall allow an additional thirty (30) days from the date of the inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the Sign permit shall be revoked. Subd. 6. Sign Permit Expiration. A Sign permit shall become null and void if the Sign for which the Sign permit was issued has not been completed and installed within six (6) months after the date of issuance. No refunds shall be made for permit fees paid for Sign permits that expired due to failure to erect a permitted Sign. If later an individual decides to erect a Sign at the same location, a new Sign permit application must be processed and another permit fee shall be paid in accordance with the fee schedule applicable at such time. Subd. 7. Revocation. Should it be determined by the city that a Sign permit was issued pursuant to an incomplete application or an application containing a false Ordinance No. 410 August 2, 2006 20 material statement, or that the Sign permit has been erroneously issued in violation of this ordinance, the Zoning Administrator shall revoke the Sign permit. 815.25 Enforcement. Subd. 1. Notice. Any person who violates any provision of this ordinance shall receive a notice of the violation by hand delivery or mail indicating that he or she must correct the violation within seven (7) days of the date of the notice. Subd. 2. Penalties. Any person convicted of violating this ordinance shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Each day in which the violation continues to occur shall constitute a separate offense. Violation of any provision of this ordinance shall also be grounds for revocation of a Sign permit by the city. 815.27. Appeal. An applicant whose Sign permit has been denied or a permitee whose Sign permit has been revoked may appeal the decision of the Zoning Administrator to the city council provided he or she files written notice of an appeal with the Zoning Administrator within fifteen (15) business days of notice of the Zoning Administrator's decision. Such appeal shall be considered by the city council at its next regularly scheduled meeting held after the city's receipt of the written notice of appeal, provided that the notice of appeal is received by the city a minimum of five (5) full business days before the meeting. The city council shall conduct an appeal hearing and allow the applicant and any of his or her witnesses to address the council and to submit additional information. The city council shall make its final determination on the appeal no more than thirty (30) business days after the appeal hearing. The city council shall notify the applicant of its decision and provide reasons for that decision. The applicant may appeal the city council's decision to the court of appeals by writ of certiorari. 815.29 Nonconforming Signs. Any Sign legally existing at the time of the passage of this ordinance that does not conform to the provisions of this ordinance shall be considered a legal Nonconforming Sign and may be continued through repair, replacement, restoration, maintenance, or improvement but not including expansion. "Expansion" shall be defined as any structural alteration, change or addition that is made outside of the original Sign structure, Sign Area or design. Subd. 1. Nothing in this ordinance shall prevent the return to a safe condition of a sign structure that has been declared unsafe by the Building Inspector. Subd. 2. When any legal Nonconforming Sign is discontinued for a period of more than one (1) year, or is changed to a conforming Sign, any future Sign shall be in conformity with the provisions of this ordinance. Subd. 3. Any legal Nonconforming Sign shall be removed and shall not be repaired, replaced, or rebuilt if it is damaged by fire or other similar peril to the extent of greater than fifty (50) percent of its market value at the time of destruction and no Sign permit or building permit (if applicable) has been applied for within one hundred and eighty (180) days of the date of destruction. The city's Building Inspector shall be responsible for making the determination Ordinance No. 410 August 2, 2006 21 whether a Nonconforming Sign has been destroyed greater than fifty (50) percent of its market value at the time of destruction. In making the determination, the Building Inspector shall consider the market value of the entire Sign at the time prior to the destruction and the replacement value of the existing Sign. In the event a building permit is applied for within one hundred and eighty (180) days of the date of destruction and the Sign did not withstand damage greater than fifty (50) percent of its market value at the time of destruction, the city may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent properties. Subd. 4. A lawful Nonconforming Sign shall not be changed to a similar Nonconforming Sign or to a more restrictive Nonconforming Sign. 815.31 Variances. Upon application by the property owner, the planning commission may recommend and the city council may grant variances from the requirements of this ordinance in instances where the applicant for a variance has demonstrated that all of the following standards have been met: Subd. 1. Variance Standards. A request for a variance must meet all of the following conditions: LaJ Because of the physical surroundings, shape, topography or condition of the property involved, a hardship to the applicant would result if the strict letter of the ordinance was carried out; (b) The conditions upon which the variance is based are unique to the applicant's property and not generally applicable to the other property within the same zoning district; j.2)_ The hardship arises from the requirements of this ordinance and has not been created by persons presently or formerly having any interest in the property~ A granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located., and The variance is not a request to permit a type of Sign which otherwise is prohibited by this ordinance. Subd. 2. Conditions and Restrictions. Upon the granting of a variance, the city council may impose conditions and restrictions consistent with the spirit and intent of this ordinance or any other applicable ordinances. In all instances, the applicant shall be solely responsible for any applicable costs and fees incurred by the city for review of the variance request by the city staff and any consultants. A variance shall be granted or denied by the city council in writing accompanied by specific findings of fact as to the necessity for the granting or denial of the variance and any specific conditions and restrictions. Ordinance No. 410 August 2, 2006 22 815.33. Severability and Conflict. This ordinance and its parts are declared to be severable. If any section, subsection, clause, sentence, word, provision, or portion of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, this decision shall not affect the validity of the ordinance as a whole. All parts of this ordinance not declared invalid or unconstitutional shall remain in full force and effect as if such portion so declared or adjudged unconstitutional or invalid were not originally part of this section, even if the surviving parts of the ordinance result in greater restrictions after any unconstitutional or invalid provisions are stricken. The city council declares that it would have enacted the remaining parts of the section if it had known that such portion thereof would be declared or adjudged unconstitutional or invalid. If any part of this ordinance is found to be in conflict with any other ordinance or with any part of this ordinance, the most restrictive or highest standard shall prevail. If any part of this ordinance is explicitly prohibited by federal or state statute, that part shall not be enforced. SECTION VIII. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this 2" day of August, 2006. City of Medina J. Workman, Mayor Attest: Chad M. Adams, City Administrator -Clerk Published in the South Crow River News on the 7th day of August, 2006. Ordinance No. 410 August 2, 2006 23