HomeMy Public PortalAbout438CITY OF MEDINA
ORDINANCE NO.438
An Ordinance Pertaining to Signs
Amending Sections 815.03, 815.05, 815.09, 815.11, 815.13, 815.15, 815.17, 815.19,
815.21, 815.23 and 815.31
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 815.03 is amended by deleting the stricken material
and adding the underlined material as follows:
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 for
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 for 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 any structure or portion thereof on which lettered, figured, or
pictorial matter is displayed for advertising purposes and having that has 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. "Dynamic Display" is any characteristic of a Sign that appears to have
movement or that appears 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, blinkin
or animated display or structural element and any display that incorporates rotating
panels, LED lights manipulated through digital input, "digital ink" or any other method
of technology that allows the Sign face to present a series of images or displays.
Ordinance No. 438 1
March 18, 2008
Subd. 5. "Flashing Sign" is an illuminated sign on which such illumination is not
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. 10. "Off -premises Sign" is a commercial speech sign which directs the
attention of the public to a business that is not on the same premises where such business
sign is located.
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.
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 is 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 any part of a building or wall, that area
Ordinance No. 438 2
March 18, 2008
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.
SECTION II: Medina Code Section 815.05 is amended by deleting the stamen material
and adding the underlined material as follows:
815.05. Sign Permit Required; Exceptions; Sign Prohibitions.
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:
(a) One Sign smaller than five square feet in area (excluding temporary signs)
may be posted on any parcel of land, except that such Sign may not be an
Off -Premise Sign;
Ordinance No. 438 3
March 18, 2008
(b) Signs posted by authorized government officials on public land or right-
of-way;
(c) Signs within a business, office, mall or other enclosed area that cannot be
seen from the outside;
(d) Up to two Address Signs per property;
(e) Incidental Signs;
(f) 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.
(a) Abandoned Signs;
(b) Billboards;
(e) ;
(-EI)
(e) Roof Signs;
(d) Off -premises Signs;
(#)(e) Vehicle Signs; and
(OM
Signs posted within the public right-of-ways and public property,
excluding Directional Signs and Signs expressly allowed herein and by
other governmental agencies.
Ordinance No. 438 4
March 18, 2008
SECTION III: Medina Code Section 815.09 is amended by deleting the stricken material
and adding the underlined material as follows:
Section 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. If illuminated,
the Sign shall meet the applicable luminary requirements set forth in Section 829 of the
city's ordinances.
Subd. 2. Permitted Signs. The following additional types of Signs are permitted in
Residential Districts:
(a) Directional Signs. One (1) Directional Sign is permitted for each
property;
(b) 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
829 of the city's ordinances; and
(c) 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.
SECTION IV: Medina Code Section 815.11 is amended by adding the underlined
material as follows:
Section 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.
Ordinance No. 438 5
March 18, 2008
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 (Acres) Maximum Total Sign Area
< 1 Acre 100 Square Feet
1.1 — 5 Acres 150 Square Feet
5.1 — 20 Acres 200 Square Feet
The maximum total sign area may be increased by 25 percent in the case of buildings
which are constructed with four-sided architecture, have exposure to traffic on opposite
sides or provide customer access from opposite sides. Buildings on typical corner lots or
which admit customers on two adjacent sides do not qualify for additional signage absent
additional unique site characteristics. Four-sided architecture means architecture of the
quality generally associated with the front facade being used on all sides of a building.
Additional signage under this provision is allowable only upon submission of a master
signage plan for the site and approval by the city and may be installed only so as to be
facing the other street front.
Subd. 3. Permitted Signs. The following additional types of Signs are permitted
in Urban and Rural Commercial Districts:
(a) 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;
(b)
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. If the Monument Sign includes a Dynamic Display, it shall meet the
applicable Dynamic Display requirements as set forth in Section 815.21 of
the city's ordinances;
Ordinance No. 438 6
March 18, 2008
(c) 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
square feet specified above, whichever is less. The Sign shall be centered
on the wall;
(d) 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;
(e) 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. If the Pylon Sign includes a Dynamic Display, it
shall meet the applicable Dynamic Display requirements as set forth in
Section 815.21 of the city's ordinances;
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;
(f) 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.
Ordinance No. 438 7
March 18, 2008
SECTION V: Medina Code Section 815.13 is amended by adding the underlined
material as follows:
Section 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.
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) Maximum Total Sign Area
5.1 — 10 Acres 175 Square Feet
10.1 — 15 Acres 250 Square Feet
> 15.1 Acres 275 Square Feet
Subd. 3. Permitted Signs. The following additional types of Signs are permitted
in the Business Park District:
(a) 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;
(b) 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. If the Monument Sign includes a Dynamic Display, it shall meet
the applicable Dynamic Display requirements as set forth in Section
815.21 of the city's ordinances;
Ordinance No. 438 8
March 18, 2008
(c) 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;
(e) 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 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. If the Pylon Sign includes a Dynamic Display, it
shall meet the applicable Dynamic Display requirements as set forth in
Section 815.21 of the city's ordinances;
(f)
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; and
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.
SECTION VI: Medina Code Section 815.15 is amended by adding the underlined
material as follows:
Section 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
Ordinance No. 438 9
March 18, 2008
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) Maximum Total Sign Area
5.1 —10 Acres 175 Square Feet
10.1 —15 Acres 250 Square Feet
> 15.1 Acres 275 Square Feet
Subd. 3. The following additional types of Signs are permitted in Industrial Park
Districts:
(a) 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-way;
(b)
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. If the Monument Sign includes a Dynamic Display, it shall meet
the applicable Dynamic Display requirements as set forth in Section
815.21 of the city's ordinances;
(c) 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
Ordinance No. 438 10
March 18, 2008
(d) Wa11 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.
SECTION VII: Medina Code Section 815.21 is amended by deleting the stricken
material and adding the underlined material as follows:
Section 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. A11 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. Font Size. Every line of copy and graphics on a Sign visible from a road
must be at least seven (7) inches in height if the road has a speed limit of 25 to 34 miles
per hour, nine (9) inches if the road has a speed limit of 35 to 44 miles per hour, twelve
(12) inches if the road has a speed limit of 45 to 54 miles per hour, and fifteen (15) inches
if the road has a speed limit of 55 miles per hour or more.
Subd. 3 6. 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.
Ordinance No. 438 11
March 18, 2008
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.
Subd. 8. Dynamic Displays. Dynamic Displays on Signs are allowed subject to the
following conditions:
(a) Dynamic Displays are allowed only on Monument and Pylon Signs.
Dynamic Displays may occupy no more than thirty-five (35) percent of
the actual copy and graphic area of the Sign. The remainder of the Sign
must not have the capability to have a Dynamic Display even if it is not
bein . used. Onl one 1 conti . ous D amic Dis . la area is allowed on
a Sign face;
(b) A Dynamic Display must not change or move more often than once every
five (5) minutes, except for changes that are necessary to correct hour and
minute, date, time or temperature information. Time, date or temperature
information is considered to be one (1) Dynamic Display and may not be
included as component of any other Dynamic Display. A display of time,
date or temperature must remain for at least five (5) minutes before
changing to a different display, but the time, date or temperature
information itself may change no more often than once every three
seconds;
(c) The images and messages displayed on a Dynamic Display must be static,
and the transition from one static display to another must be instantaneous
and without any special effects;
(d) The images and messages displayed on a Dynamic Display must be
complete in themselves, without continuation in content to the next image
or message or to any other Sign;
(e) Every line of copy and graphics in a Dynamic Display must meet the font
size requirements of subdivision 5 above. If there is insufficient room for
copy and graphics meetin ! these re . uirement then no D amic Dis . la
is permitted;
(f) Dynamic Displays must be designed and equipped to freeze the device in
one position if a malfunction occurs. The display must also be equipped
with a means to immediately discontinue the display if it malfunctions,
and the Sign owner must immediately stop the Dynamic Display when
notified by the city that it is not complying with the standards of this
ordinance;
Ordinance No. 438 12
March 18, 2008
(g) Dynamic Displays must comply with the brightness standards contained in
this ordinance; and
(h) Dynamic Displays existing on the effective date of this ordinance that do
not meet the structural requirements or operational standards above may
continue as a Non -Conforming Sign subject to Section 815.29. An
existing Dynamic Display that cannot meet minimum font size
requirements as stated in subdivision 5 above must use the largest size
possible for one line of copy to fit in the available space.
Subd. 9. Brightness Standards.
(a) All Signs that include Dynamic Displays must meet the applicable
luminary requirements set forth in Section 829 of the city's ordinances.
(b) The person owning or controlling the Sign must adjust the Sign to meet
the brightness standards in accordance with the city's instructions. The
adjustment must be made immediately upon notice of non-compliance
from the city. The person owning or controlling the Sign may appeal the
city's determination through the appeal procedure as set forth in Section
815.27 of this code.
(c)
All Signs installed after the effective date of this ordinance that will have
illumination by a means other than natural light must be equipped with a
mechanism that automatically adjusts the brightness in response to
ambient conditions. These Signs must also be equipped with a means to
immediately turn off the display or lighting if it malfunctions, and the Sign
owner or operator must immediately turn off the Sign or lighting when
notified by the city that it is not complying with the standards of this
section.
Subd. 10. 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.
(a) 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.
Ordinance No. 438 13
March 18, 2008
(c) 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.
Subd. 11. Non -Commercial Speech Signs. The owner of any Sign which is
otherwise allowed by this ordinance may substitute non-commercial copy in lieu of any
other commercial or non-commercial copy. This substitution of copy may be made
without any additional approval or permitting by the city. 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 message over any other non-
commercial message. This provision prevails over any other more specific provision to
the contrary.
SECTION VIII: Medina Code Section 815.23 is amended by deleting the Gtricken
material and adding the underlined material as follows:
Section 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;
Ordinance No. 438 14
March 18, 2008
(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 the Sign will contain any type of Dynamic Display;
(j) 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, commercial, business park
and industrial planned unit developments that include multiple structures armor
substantial site area armor 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
Ordinance No. 438 15
March 18, 2008
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 material
statement, or that the Sign permit has been erroneously issued in violation of this
ordinance, the Zoning Administrator shall revoke the Sign permit.
SECTION IX: Medina Code Section 815.31 is amended by deleting the stricken material
and adding the underlined material as follows:
Section 815.31 Variances. Upon application by the property owner, the planning
commission may recommend and the city council may grant a 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:
(a) 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;
(c) 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;
(d) 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
(e) The variance is not a request to permit a type of Sign which otherwise is
prohibited by this ordinance.
Ordinance No. 438 16
March 18, 2008
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.
SECTION X. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 17th day of March, 2008.
-91/; Q
a y, Jr.,
T.M.Crosby,
�%r
ATTEST:
4-4
Chad M. Adams, City Administrator
Published in the South Crow River News this 24th day of March, 2008.
Ordinance No. 438 17
March 18, 2008