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HomeMy Public PortalAbout535 Ordinance Amending Chapter 8 of the Code of Ordinances Regarding Signs and Exterior LightingCITY OF MEDINA ORDINANCE NO.535 An Ordinance Amending Chapter 8 of the Code of Ordinances Regarding Signs and Exterior Lighting The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 815 is amended by adding the underlined material and deleting the stricken material as follows: Section 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. It is not the intent of this ordinance to regulate signage on the basis of content. 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 thriety-{90-) days; or a sign which is damaged, in disrepair, or vandalized and not repaired within ftifiety{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 any structure or portion thereof on which lettered, figured, or pictorial matter is displayed that has an area of efte-littnEk-e4E1-(100-)3 square feet or more. Subd. 3.1. "Clear Vision Triangle" is the area to be left clear of signs and other obstructions so as not to interfere with sightlines at intersections. The Clear Vision Triangle is created by measuring 50 linear feet along the edge of each street or access drive as depicted below. 50' Ordinance No. 535 September 4, 2012 1 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, such as the shipping/receiving area, and is intended to be viewed from the right-of-way. 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, blinking, 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. Subd. 5.1. "Event Sign" is a Sign posted on a temporary basis meant to inform the public of or guide the public to short term events such as garage/rummage sales or real estate open houses. Subd. 5.2. "Freestanding Sign" is a Monument Sign or Pylon Sign as defined herein. 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. 8.1. "Internal Site Sign" is a sign which is not intended to be viewed from neighboring property or the right-of-way and which does not exceed two square feet. This include signs which guide internal site navigation and which identify handicap parking areas, fire lanes, upland buffer zones, and similar site features. 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. "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. Ordinance No. 535 2 September 4, 2012 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 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. A sign located on a canopy, awning, or porch shall not be considered a Roof Sign if the top of such sign does not exceed the height of the adjacent wall of the structure to which the canopy, awning, or porch is attached. 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 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. For a two-sided freestanding sign, only a single surface shall be counted when measuring the total and maximum Sign Area. Subd. 16.1. "Sign Surface Area" is the total surface area of a Rylen Sign, calculated by multiplying the vertical width of the surface of the Sign times the horizontal height of the surface of the Sign. Sign Surface Area shall not include the area of the post(s), shaft(s), or pier(s) on which the Pylon Sign is erected. Ordinance No. 535 September 4, 2012 3 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. 17.1. "Temporary Sign, Attached" is a Temporary Sign which is either attached to a building or is located within the dimensional extent of an existing Freestanding Sign as displayed below: s»e_■•.r,n.e..ae+., r • • r. ace SHOPPINCa CENTER Ima e Credit- City of Minnetonka MN City Code 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 e-023 inches from the surface to which it is attached. Subd. 20. "Window Sign" is a sign that is affixed to abet or painted on the interior or exterior of a window or glass door or otherwise displayed inside a building within three (3 feet back from the building's window or glass door with its message intended to be visible from rights -of -way or neighboring properties to and read" b e 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; Exemptions; Sign Prohibitions Prohi i i • s i • ns. 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: Ordinance No. 535 4 September 4, 2012 (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; (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 fery-(40) square feet in area. No single property shall fly more than three (-3) flags at one time. Flagpoles shall not exceed forty (10) feet in height. If the total area of the flags exceeds sevene (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) Internal Site Signs Handicapped parking Signs.} (h) Window Signs; (i) Attached Temporary Signs posted consistent with Section 815.07 Subd. 3 below; (j) Event Signs posted consistent with Section 815.07 Subd. 4 below; and (k) Noncommercial speech signs exempted by Minnesota Statute 211 B.045. Subd. 3. Prohibited Signs. The following signs are prohibited in all zoning districts. (a) Abandoned Signs; (b) Billboards; (c) Roof Signs; (d) Off premises SignJMylar or metallic balloons displayed or flown outside; (e) Vehicle Signs; and (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. Section 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 32 square feet in area per surface; shall be limited to a single surface; shall be located upon the subject construction site; Ordinance No. 535 5 September 4, 2012 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. No permit shall be required for these si ens if s osted consistent with the ref uirements of this section. Subd. 2. Temporary Signs and Portable Signs. (a) Duration of permits. No Sign permit shall be issued by the city for a Temporary or Portable Sign for a duration of more than twenty one (21) 14 days at onetime, of (b) Permits per year. Sign permits for a Temporary or Portable Sign shall not be issued for more than three (3) six periods in any calendar year. Permit periods may run consecutively without interruption if approved by the city. (c) Number of signs per lot. Only one (-) Temporary or Portable Sign shall be allowed on a property at one time. In cases of properties with multiple tenants, one (4-) Temporary Sign per tenant shall be allowed at one time, but only one Portable Sign shall be allowed on a property at one time. Maximum size. Temporary and Portable Signs shall not exceed 32 square feet in Sign Area. (e) Setbacks. Temporary and Portable Signs shall be set back a minimum of 10 feet from all property lines and shall not be located within a Clear Vision Triangle of an intersection. (f) Illumination. Portable Signs may be illuminated, provided Freestanding Signs are permitted to be illuminated in the zoning district in which the Portable Sign is located and 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 are prohibited. (g) Inflatable Signs shall be considered Temporary Signs, shall not exceed the height of the structure on the property, and shall be securely tethered and attached to the ground or building. (h) No Mylar or metallic balloons shall be permitted to be displayed or flown outside. c ba v + h� S• N Sign permit shall be ' by the 'ty f r , 6na. -vcrriuc�v7-cric cicTrvris-rvrrcrvr ...b...... 7 t' F th f rt (14) .aays at o e time .,nd «, a than o quarter of a calendar year. Subd. 3. Attached Temporary Signs (a) No permit required. Attached Temporary Signs posted consistent with this section shall not require a sign permit. (b) Duration of posting. Attached Temporary Signs shall only be posted during the timeframe when the message is pertinent. (c) Maximum size. No Attached Temporary Sign shall exceed 32 square feet in Sign Area. (d) Location. Attached Temporary Signs shall be attached to a building or within the dimensional extent of an existin . Frees andin . si . n on the o ro , ert as described in Subd. 17.1 of Section 815.03 above. Subd. 4. Event Signs. Ordinance No. 535 6 September 4, 2012 (a) No permit required. Event Signs posted consistent with this section may be posted without obtaining a sign permit. (b) Duration of posting. Event Signs shall not be posted more than two days prior to an event and shall be removed no more than one day following an event, but in no case shall an Event Sign be posted for more than five days. (c) Location. Event Signs may be posted within the right-of-way, but shall not be located in a way which may interfere with traffic visibility or pedestrian circulation. (d) Maximum size. Event Signs shall not exceed four square feet in Sign Area. (e) Maximum height. Event Signs shall not exceed three feet in height. (f) Required Information. The Event Sign shall state the day(s) of the event and also the location of the event. (g) Limit of one sign per intersection. No more than one Event Sign per event shall be posted at a single intersection and no Event Sign shall be identical to another at a single intersection. (h) Responsibility for removal. The person posting the Event Sign shall ensure it is removed within the timeframe described by this section. An Event Sign which violates any provision of this ordinance may be removed and disposed of at any time and without notice 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 (§) 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 entrances of a residential subdivision, institutional use or park, but shall be no greater than thift-y{30) square feet in Sign Area 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; (c) Home Occupation Signs. Home occupation Signs shah may 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 te(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; and Ordinance No. 535 7 September 4, 2012 (d) Pylon Signs. Pylon Signs are permitted at the entrance(s) of a residential subdivision, institutional use or park, but shall not exceed 15 square feet in Sign Area nor exceed 20 square feet in Sign Surface Area. The Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover an area equivalent to the width of the sign surface multiplied by two. The Pylon Sign shall be set back at least ten feet from the curb or right-of-way. The Pylon Sign shall be designed to have a natural appearance, and the post(s), shaft(s) or pier(s) on which the sign is erected shall have a combined width which is at least 10 percent of the width of the Sign. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Urban and Rural CommercialDistricts. A Sign permit is rcetu-red-f6r-eael S n t t c igns : ,, r r,. a ,,o v , ,,-a t room, -c-; nt Dist iets shall be integrated with the design and architecture of any buildings or structures on the property the applicable luminary requirements set forth in Section 829 of the city's ordinances. Cu'rSi�Area:-the Signs on an Urban and Rural Commercial District 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 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 Additional signage under this provision is allowable only upon submission of a master signage plan for the site and approval by the cit ^a F be iost llee enl -so a 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: (o)--Difeeti tiol-Sign . D v t: t c: slid t be „t. itte r^ oFtie „tiliz ,, LIVJ \.III IILIIIL., LI crncrnoTe-rvcccriir6-vr-sccgiir6-ccr-cas. r'vi'v-(-z)-D ifeetiooal-S.gos...., permitted for each property. The Directional Signs shall be set back at list 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. Ordinance No. 535 8 September 4, 2012 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 (1) 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 1 ast 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 may be set bac t lot line of 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 ordinance; (c) Multi Tenant Wall Signs. A Multi Tenant Wall Sign shall not be larger than eight. (8) percent of the area of th 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; said Sign does not exceed thirty (30) feet in height, is no more than sixty four (61) square feet in Sign Area and maintains a minimum setback of ten (10) feet €reft-any-publ}e t-ePhzay Said-gaselifte-sefviee-statiefi-P-ylefi-gfgn-sh-all-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 or other structure, provided however, that such Signs shall not be internally be placed at a zero (0) foot setback; Ordinance No. 535 9 September 4, 2012 (f) Wall Signs. No Wall Sign shall exceed sixty four (61) square feet in total Sign A T W- It c kal be ,. „tofe tt,oie :t ; .,tt..,.t,o,l..,n (g)--Winizlev�� a.,... Qigns shall be lint ted t., e o per pfep Ft a o.,ta lishf ent �A]1�1—��7U�' ,a C' h ll net o ee€ #45, (50) p nt of the ...;...1,.... ,. ..1,: h-it ; Section 815.11. Commercial Highway (CH), Commercial Highway -Railroad (CH -RR), and Business (B) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07; the following Si¢rls arepermitted in Commercial Highway (CH), Commercial Highwav- Railroad (CH -RR) and Business (B) Districts. All Signs shall be inte • ated with the desi�rt and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1) Maximum number. One freestanding sim is permitted per lot, except a second sign shall be permitted if the lot has frontage on more than one street. The second freestanding sign may not be located alon • the same street fronta • e as the first freestanding sign. (21 Maximum size. No freestandinu sign shall exceed 80 sauare feet of Sim Area. Maximum height. No freestandin_ silnn shall exceed 20 feet in height. (4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all roperty lines and shall not encroach within a Clear Vision Triangle of an intersection. (5 Landscaping, The Freestanding Sign shall be landscaped around the perimeter of the base of the Sim. The landscapinu shall cover at least two (21 times the total area of the Sign base. (b) Wall Signs. (1) Maximum size. The maximum total Sig Area of Wall Sig s shall be based upon the area of the wall on which they are attached as described in the table below. Additionally, no individual Wall Sign shall exceed 200 square feet of Sim Area For the purposes of a multi -tenant building, the maximum Sim Area for Wall Signs shall be based on the frontage of the space leased or owned. Area of Wall Maximum Total Sign Area on Wall 1000 square feet or less 8% of the area of the wall Greater than 1000 square feet and less 80 square feet + 4% of the area of the than 5000 square feet wall in excess of 1000 square feet 5000 square feet or greater 240 square feet + 2% of the area of the wall in excess of 5000 square feet (2) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches from the surface of a building face, wall, or surface. Ordinance No. 535 September 4, 2012 10 (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted per structure, except for multi -tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (3) No permit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted forp_roperties utilizing a drive-thru or that have loading or staging areas. (2) Maximum number. Two Directional Signs are permitted for each property. (3) Location. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Section 815.13.Commercial General (CG). Business Park and Industrial Park District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial General (CG) District. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1) Maximum number. One freestanding sign is permitted per lot, except a second sign shall be permitted if the lot has frontage on more than one street. The second freestanding sign may not be located along the same street frontage as the first freestanding sign. (2) Maximum size. No freestanding sign shall exceed 64 square feet of Sign Area. (3) Maximum height. No freestanding sign shall exceed 10 feet in height. (4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all property lines and shall not encroach within a Clear Vision Triangle of an intersection. (5) Limitation on internal illumination. freestanding Signs shall not be internally illuminated unless they are located along the frontage of a state highway. External illumination shall conform with Section 829 of the City Code. (6) Landscaping, The Freestanding 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 Sign base. (b) Wall Signs. (1) Maximum size. The maximum total Sign Area of Wall Signs shall be based upon the area of the wall on which they are attached as described in the table Ordinance No. 535 11 September 4, 2012 below. Additionally, no individual Wall Sign shall exceed 200 square feet of Sign Area. For the purposes of a multi -tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Area of Wall Maximum Total Sign Area on Wall 1000 se uare feet or less 8% of the area of the wall Greater than 1000 square feet and less 80 square feet + 4% of the area of the than 5000 s uare feet wall in excess of 1000 square feet 5000 square feet or greater 240 square feet + 2% of the area of the wall in excess of 5000 sguare feet (2) Wall Signs limited to one wall per street frontage. Wall signs shall only be located on one building wall, except lots with frontage on two or more streets may have Wall Signs on one wall per street frontage. (3) Pro'ectin. Si a s .rohibited. No Wall Si. shall extend more than 12 inches from the surface of a building face, wall, or surface. (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted alon . each frontage of a structure, except for multi -tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (3) No permit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted for properties utilizing a drive-thru or that have loading or staging areas. 2 Maximum number. Two Directional Sims are permitted for each propertv (3) Location. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances.Freestanding Si . s shall not be internally illuminated unless they are located along the frontage of a state hiuhway. Section 815.15.Commercial Neighborhood (CN) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the followin . Si • ns are permitted in Commercial Neighborhood (CN) District. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1) Maximum number. One freestanding sign is permitted per lot, except a second sign shall be permitted if the lot has frontage on more than one street. (2) Maximum size. No freestanding si _n shall exceed 40 se uare feet of Si Area. Ordinance No. 535 12 September 4, 2012 (3) Maximum height. No freestanding sign shall exceed 10 feet in height. (4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all property lines and shall not encroach within a Clear Vision Triangle of an intersection. (5) Limitation on internal illumination. Freestanding Signs shall not be internally illuminated unless they are located along the frontage of a state highway. External illumination shall conform with Section 829 of the City Code. (5) Landscaping, The Freestanding 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 Sign base. (b) Wall Signs. (1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight percent of the area of the wall to which they are attached. For the purposes of a multi -tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Additionally, no individual Wall Sign shall exceed 64 square feet of Sign Area. (2) Wall Signs limited to one wall per street frontage. Wall signs shall only be located on one building wall, except lots with frontage on two or more streets may have Wall Signs on one wall per street frontage (3) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches from the surface of a building face, wall, or surface. (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted along each frontage of a structure, except for multi -tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (3) No permit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted for properties utilizing a drive-thru or that have loading or staging areas. (2) Maximum number. Two Directional Signs are permitted for each property. (3) Location. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances.Freestanding Signs shall not be internally illuminated unless they are located along the frontage of a state highway. Ordinance No. 535 13 September 4, 2012 fel-le e-petTitteE14*-BuSifteS it : r-ed f r c\q.ch Sign. All Signs in Busifiesr P ' r� t + l ll b toa tl, the ,lo l ,, eerie-arrcrrcrr�rrcm-oc-izrccgnrcccr=dvTnr-cxr�a �'c- b.. :': b � � color, and placement and the requirements set forth in Section 832 of the city's 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 ��� � n •++ a c• rrt, � ll V ^a,a;+;,, .yl +; „�c;✓ o o :+toil ,., +t,o scu a Business Park District: iT i44-z-a-shafeal-pigvote-€14-y "o�tty-9�-pFiyate-fee Tl„ e !2 \ Difeetietia C` ign permitted for each propertT4 Dt' ^' e igEts sh l l be set baek ^+ l o. s+ 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 (1) 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 1 ast 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 M t C b + lyaek- ,,illy, to., (4-03 f ar f em the f ent l t l: o f 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 ordinances; (c) Multi Tenant Wall Sign. A Multi Tenant Wall Sign shall not be larger than eight (8) percent of th rea f tl, -1 l - -- >, _ 1, • t : s tee tea the ^ 1 0 f et ^ c_ ed 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 Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at lwst two (2) times the total area of the Pylon Sign base. Ordinance No. 535 14 September 4, 2012 n D..1, ., cig sha4i be sot baek at l ast t,,,o.,ty (on)feet fFem a1 i t 44ies ftt,o 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 Sig„ : offn ttoa f o elg is o se o st t:,,., :aoa th t said Sign does not exceed thirty (30) feet in height, is no more than sixty four (61) 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 Sign Area if one surface is used and one hundred and sixty (160) square feet if or other structure, provided however, that such Signs shall not be internally 13e eed-at-a-zer-e-V4)-feet-setlihael wand (f) 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. 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 , 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,I,Ma-x Sign-Afea,-The-Sig is ., Indnstfia D 1 r,' tri,.t�� ---n� cr-n.crl-csr'ii�-rrcz-rc, ert 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 ist, ,.tT � (a) Directional Signs. Directional Signs shall only be permitted for properties that reach—Tli -ee-(-3}13ir-ectie igns-afe-pe ined er--eac'�pertT-T-he Directional Signs shall be set back at least five (5) feet from the curb or right of �vay; Ordinance No. 535 15 September 4, 2012 (b) Monument Signs. A Moment Si e gmater 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 '�Ees-afeuncl-41ae-S eq�rire�' rr o IVIe ,,,.., nt Sign shal be t.,ndseape€1 and the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the :Tes t-gign base. ^ 14en meat gig shall- e Pet h 1 t 1 t+ 11 1 4 roes F the i fl, ♦lie o rft4 aucn-ac-rccrJc-rncnr��z�7-rccc-nvm-crrrzac-rr�s��-rcn�. t...,l,..,.�. .................�1,...,.. that the Monument Sign may be set back only ten (10) feet from the front lot line vrrrreeft-53rrcTsIvcucccrcct-lcasrtwcrrc�-zrvcTcel-�i enirttte-sifie4et-tineS . 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 (d) 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. Section 815.16.Mixed Use District Signs. Signs within the Mixed Use zoning district shall be regulated based on the land use of the pro ertv on which they are located Signs which are part of Commercial development within the Mixed Use district shall meet the requirements of the Commercial Highway zoning district. Signs which are part of Residential development within the Mixed Use district shall meet the requirements of Residential districts. 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 Districtshall be integrated with the design color, and placement and the requirements set forth in Section 83'1 of the city's ordinances. If the Sign is illuminated, it shall meet the applicable luminary requirements yet forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Area. The Signs on an Uptown Hamel District Property may exceed the following total Sign Area: Ordinance No. 535 16 September 4, 2012 Size Maximum Size of Sign Face (Sq. Feet) Maxm_ Ground Sign Height Wall Signs Historic Ma m- Size for Real Porch Total Sign ,_ot Area Allowed � Estate signs Sign {Max. 10 Ft.) {acres) Feet) (-S-c—Feet-) {Sq. < 4,0-0 3 64 5 32 2 .1 to 1-80 32 80 .11 .5 51 to 1 1-00 32 110 —4 40 -100 Subd. 3. Permitted Signs. The following additional types of Signs arc permitted in the Uptown Hamel District: (a) 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; (b) Monument Signs. 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; (c) 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; (d) Multi Tenant Wall Sign. A Multi Tenant Wall Sign shall not be greeter than eight OH which it is located er the square feet specified above, whichever is less. The Sign shall be centered on the wall; (e) Historic Signs. Historic Signs shall not be counted in the total Sign Aroa for the property if the Historic Sign is less than five (5) square feet in Sign Area; (f) Projecting Signs. A Projecting Sign shall not extend any more than twelve (12) 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 than be subject to the same restrictions as Temporary Signs. Ordinance No. 535 17 September 4, 2012 Section 815.17. Uptown Hamel (UH-1 and UH-2) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Uptown Hame1-1 and Uptown Hame1-2 Districts. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Monument Signs. (1) Maximum number. One Monument Sign is permitted per lot. (2) Maximum size. No Monument Sign shall exceed 40 square feet of Sign Area. (3) Maximum height. No Monument Sign shall exceed 10 feet in height. (4) Setbacks. Monument Signs shall be set back a minimum of 10 feet from all property lines and shall not encroach within a Clear Vision Triangle of an intersection. (5) Limitation on internal illumination. Monument Signs shall not be internally illuminated unless they are located along the frontage of a state highway. External illumination shall conform with Section 829 of the City Code. (5) Landscaping, The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two times the total area of the Sign base. (b) Wall Signs. (1) Maximum size. The total Sim Area of Wall Si. s shall not exceed ei • t percent of the area of the wall to which they are attached. For the purposes of a multi -tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Additionally, no individual Wall Sign shall exceed 64 square feet of Sign Area. (2) Wall Signs limited to one wall per street frontage. Wall signs shall only be located on one building wall, except lots with frontage on two or more streets may have Wall Signs on one wall per street frontage (3) Clearance; Projecting Signs prohibited. If the Wall Sign extends more than six 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 feet. No Wall Si • shall extend any more than 12 inches back from the surface of a building face, wall or surface. (c) Window Signs. (11 Maximum number. Only one Window Sign shall be permitted along each frontage of a structure, except for multi -tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (31 No permit required No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. 1 Directional Si ns shall be onl ermitted for ro erties utilizin a drive-thru or Ordinance No. 535 18 September 4, 2012 that have loading or staging areas. (2) Maximum number. Two Directional Signs are permitted for each property. (3) Location. The Directional Signs shall be set back at least five feet from the curb or right-of-way. (e) Historic Signs. Historic Signs shall not be counted in the total Sign Area for the property if the Historic Sign is less than five square feet in Sign Area. (f) Porch Signs. No more than one 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 square feet in Sign Area shall be located on the outside portion of the porch. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Freestanding Signs shall not be internally illuminated unless they are located along the frontage of a state highway. Section 815.19. Public Semi Public/Semi-Public and Rural Public/Semi-Public Districts Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Public Semi Public/Semi-Public and Rural Public/Semi- Public Districts. A Sign permit is required for each Sign. All Signs 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 Arca. The Signs on a Public Semi Public or Rural Public/Semi Public District property may consist of any of the types of Signs permitted by this Ordinance, but the Sigis-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 Square Feet 75 Square Feet 100 Square Feet Subd. 3 2. Permitted Signs. The following additional types of Signs are permitted in Public Semi Public/Semi-Public and Rural Public/Semi-Public Districts: (a) —#le ent Signs. Meni.n a t-Siga-shel4-net-Eensist-e re- -50)-set 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 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 (1) different plac-es-arettnd the-Siyi-r-egetreil, fie-N4e ent-Sim be4andseapEl-afe iad 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 r, o Ptien Ordinance No. 535 19 September 4, 2012 that the Monument Sign may be set back only ten (10) feet from the front lot line of the property i���loeated at least twenty €rite feet from the side lot lines; (a) Monument Signs. (1) Maximum number. One Monument Sign is permitted per lot. (2) Maximum size. No Monument Sign shall exceed 50 square feet of Sign Area. (3) Maximum height. No Monument Sign shall exceed 10 feet in height. (4) Setbacks. Monument Signs shall be set back a minimum of 10 feet from all property lines and shall not encroach within a Clear Vision Triangle of an intersection. (5) Limitation on internal illumination. Monument Signs shall not be internally illuminated unless they are located alon • the fronta . e of a state hi shwa . External illumination shall conform with Section 829 of the City Code. (5) Landscaping, 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 Sign base. (b) (e) Pylon Signs. No Pylon Sign shall be greater than 15 square feet in Sign Area nor exceed 20 square feet in Sign Surface Area. No Pylon Sign shall exceed eight feet in height. The Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover an area equivalent to the width of the sign surface multiplied by two. A Pylon Sign shall be set back at least 20 feet from all lot lines of the property, with the exception that the Sign may be set back only ten feet from the front lot line of the property if it is located at least 25 feet from the side lot lines. The Pylon Sign shall be designed to have a natural appearance, and the post(s), shaft(s) or pier(s) on which the sign is erected shall have a combined width which is at least 10 percent of the width of the Sign. (b) 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; and (c) Wall Signs. (1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight percent of the area of the wall to which they are attached. For the purposes of a multi -tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Additionally, no individual Wall Sign shall exceed 64 square feet of Sign Area. (2) Wall Signs limited to one wall per street frontage. Wall signs shall only be located on one building wall, except lots with frontage on two or more streets may have Wall Signs on one wall per street frontage. 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. Signs visible from a street shall be Ordinance No. 535 20 September 4, 2012 designed to be highly legible so as not to distract drivers. Attention should be paid to font type, font size, and contrasts between the message and background. Subd. 2. Maintenance. The area on the property around the Sign, including required landscaping areas, shall be properly maintained and clear of brush, 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. ex cent as explicitly permitted herein. 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. Reserved. Subd. 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. Subd. 7. 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. No Dynamic Display shall be permitted on a parcel with less than 400 feet of frontage upon a public right-of-way. For the purpose of this requirement, the aggregate of all frontages shall be calculated, including frontages on which the Dynamic Display is not located. Dynamic t34-s p ,., o tlaa thi ft.. fwe «c) peFeeFfta€-the-aetxal-eep d hie-ar-eo-e€-the-Sign,-The-r-ernaifkler--ef-the being used. Only one (1) contiguous Dynamic Display area is allowed on a Sign face; Ordinance No. 535 21 September 4, 2012 bl No more than one contieuous Dynamic Display shall be located uuon a single parcel except as described in clause (e) below. A two-sided Dynamic Dis Oa shall be considered a single Dynamic Display for the purposes of this section. (c) No D namic Dis slay may exceed 32 square feet in area on a single Si . n face and shall not occupy more than 50 percent of the actual copy and araehic area of the Sign face. (d) No portion of the Dynamic Display shall be located more than 10 feet from the ground, except as described in clause (e) below 1e Notwithstandin¢ the limitations in an additional alpha- numeric monochrome Dmay be included on a Sign face provided that it can display no more than four characters and is no more than 16 square feet in area. This Dynamic Display element may be located hi. er than 10 feet above the ground. (3) f_A Dynamic Display must not change or move more often than once every five (5) minutes 60 seconds, 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 no more often than once every three seconds; (c-) (g) 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; (4) (h) 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) (i) Every line of copy and graphics on a Dynamic Sign visible from a road must be at least seven (7) inches in height if the road has a speed limit of 25 to 31 miles per hour, nine (9) inches if the road has a speed limit of 35 to 11 miles per hour, twelve (12) inches if the road has a speed limit of 15 to 51 miles per hour, and fifteen (15) inches if the road has a speed limit of 55 miles per hour or more. If there is insufficient room for copy and graphics meeting these requirements, then no Dynamic Display is permitted; (4) (j) 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 Ordinance No. 535 22 September 4, 2012 must immediately stop the Dynamic Display when notified by the city that it is not complying with the standards of this ordinance; kg -MD( Dynamic Displays must comply with the brightness standards contained in this, ordinance Dynamic Display Brightness Standards. (1) The illumination from a Dynamic Sign shall not exceed 0.3 footcandles above the ambient light level when measured at the closest of the following points: i) a distance equal to =VArea ofSign Sq. Ft. x 100 ; or ii) the property line parallel with the sign face. The Dynamic Display shall be equipped so that it can be extinguished immediately at any time during operation upon the request of the City to measure ambient light levels in order to verify compliance. (2) In no case shall the luminance from a Dynamic Display exceed 500 NITS between sunset and sunrise and 5,000 NITS between sunrise and sunset. (3) All signs with Dynamic Displays shall be equipped with an ambient light sensor and an automatic dimmer control that automatically controls the brightness to comply with these requirements. (4) In addition to these requirements, all lighting on the property shall abide by maximum illumination requirements at property line as described in Section 829. However, Dynamic Displays which meet the standards of this section shall be exempt from the light output and shielding requirements of Section 829; and (#) (1) 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 S.(1) 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 shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances, unless otherwise exempted by this section. (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 havo Ordinance No. 535 23 September 4, 2012 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. Reserved.Tcmporary 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, They shall be repaired or removed as soon as they are damaged or torn. (b) Changeable copy Signs shall not obscure motorist or pedestria^ visi , ^^€' shal ^^t 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 eehie es iall-beelzib t®d, (49 7 fl + bl n l 11 tie se , ol., tothe fe attaelie l te11e ., a, nc 1.,,:1.1;.,a.T N A T 1 t ll b 11 sl at benl-ay rl fl.,...,, ettsikle 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 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; Ordinance No. 535 24 September 4, 2012 (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 (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; The written consent of the owner of the property, if not the applicant; A statement as to whether the Sign will be illuminated or not; A statement as to whether the Sign will contain any type of Dynamic Display; A statement as to whether the Sign will be single faced, double-faced or multi -faced; (g) (h) (i) 0) and (k) Such other information as shall be required by the Building Inspestsf Official 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 fesaletien ordinance 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 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 Ifispester Official shall inspect the property for which a Sign permit is issued on or before six (63 months from the date Ordinance No. 535 25 September 4, 2012 of issuance of the Sign permit. If the Sign construction is not substantially complete within six (63 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 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 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. Si 14 s • osted within the ri t-of- wav or on public property which violate any_provision of this ordinance may be removed and disposed of at any time and without 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. Section 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 (154 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 (3} 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 thifty{30-) business days after the appeal hearing. The city council shall notify the applicant of its decision and provide reasons for that decision. Ordinance No. 535 26 September 4, 2012 Section 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 regulated by relevant City Code and statutory provisions regarding nonconformities. 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 shah o ent +lo +,,,.., to ^ of e .,a:.:^„ ^f 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 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. Sign or to a more restrictive Nonconforming Sign. Section 815.31 Variances. Variances from the provisions of this ordinance shall be reviewed by the provisions of the City Code related to zoning variances. T 1i3el apia e atie 135 he ftr-epe ty owner, the planning commission may recommend and the city council may grant a variance 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: involved, a hardship to the applicant would result if the strict letter of the ordinance was carried out; Ordinance No. 535 27 September 4, 2012 (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 (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; imd (e) The variance is not a request to permit a type of Sign which otherwise is prohibited by this ordinance. may impose conditions ana stfie4ions es `"+ anc i ten 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 815.33.Severabilit_y 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 II: Medina Code Section 829.03 is amended by adding the underlined material and as follows: Section 829.03. Applicability. Subd. 1. New Uses, Buildings and Major Additions or Modifications on Non -Residential Property. For all proposed new land uses, developments, buildings, and structures on non- residential property that require a permit, all outdoor lighting fixtures shall meet the requirements of this ordinance. All building additions of 25 percent or more in terms of additional dwelling units, gross floor area, or parking spaces, either with a single addition or Ordinance No. 535 28 September 4, 2012 with cumulative additions subsequent to the effective date of this ordinance, shall invoke the requirements of this ordinance for the entire property, including previously installed and any new outdoor lighting. Cumulative modification or replacement of outdoor lighting constituting 25 percent or more of the lighted area for the parcel, no matter the actual amount of lighting alreadyy on a non -conforming site, shall constitute a major addition for purposes of this section. Subd. 2. Minor Additions on Non -Residential Property. Additions or modifications to existing land uses, developments, buildings and structures on non-residential property of less than 25 percent that require a permit shall require the submission of a complete inventory and site plan detailing all existing and proposed new outdoor lighting. New lighting on the site shall meet the requirements of this ordinance with regard to shielding and lamp type. Subd. 3. Time For Compliance. Notwithstanding anything herein to the contrary, all land uses, developments, buildings and structures on non-residential properties must be brought into compliance with this ordinance within two years of its effective date if adjacent to residential property or within five years in all other cases. Subd. 4. Resumption After Abandonment of Use. If a property or use with non -conforming lighting is abandoned as defined in Section 829.02, subd.31, all outdoor lighting shall be reviewed and brought into compliance with this ordinance before the use is resumed. Subd. 5. Roadways. Lighting for public or private roadways shall meet the requirements of this ordinance with regard to shielding and lamp type. Subd. 6. Sign Lighting. Notwithstanding anything herein to the contrary, the regulations of Section 829.05 related to Sign Lighting shall apply to all residential and Non -Residential Property in the City. SECTION III: Medina Code Section 829.05 is amended by adding the underlined material and deleting the stricken -material as follows: Section 829.05. Lighting f i r Signs. Subd. 1. External illumination for signs shall conform to all provisions of this ordinance. In particular, such lighting shall be treated as Class 1 lighting and shall conform to the lamp source, shielding restrictions and light levels of Section 829.04. All upward -directed sign lighting is prohibitea n ess .,hiek inn- ;aoa .,, elirr mate flight tree ass ,.Aiie emen s Subd. 2. Internally illuminated afitl-xeeti signs. (a) Portions of a Sign which do not include a logo or message shall be Qutd irite na14 . opaque baslEgretint4-and trait ue-ent text "'a "•" bels, or. i f li«hreci shall be constructed with a colored (not white, off-white, light gray, cream or yellow) background and generally lighter text and -symbols. (b) Neon signs, Light Emitting Diode (LED) signs, and other similar devices shall be treated as internally illuminated signs for the purposes of this ordinance and shall conform to all provisions of this ordinance. In particular, such lighting shall be treated as Class 3 lighting, °°" ' '000 Lumens of Initial Light Output, and shall conform to the light levels of Table 2. Ordinance No. 535 29 September 4, 2012 (c) Other internally -illuminated panels or decorations not considered to be signs according to the sign ordinance, such as illuminated canopy margins or building faces and neon/LED banding, shall be considered Class 3 lighting, and shall be subject to the standards applicable to such lighting, including but not limited to the lamp source, shielding standards and light level requirements of Section 829.04. Subd. 3. Curfews. Illumination for neon signs and; glass enclosed areas, externally and shall be turned off at 10 PM or when the business closes, whichever is later. Illumination for (Wert signs and; glass enclosed areas, ememally shall not be turned on until 6 AM or when the business opens, whichever is later. Signs subject to curfews are required to have functioning and properly adjusted automatic shut-off timers. Light background (white, off-white, light gray, cream or yellow) internally illuminated signs, installed legally before enactment of this ordinance, shall be considered Type C non -conformities but may continue to be used and illuminated so long as their use conforms to the curfews as indicated. Notwithstanding the above, signs with light backgrounds must be brought into compliance with this ordinance within the time periods specified in section 829.03, subd. 3 hereof. Subd. 4. Internally illuminated Signs are not permitted in E1 Lighting Zones. SECTION IV: The ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this 4th day of September, 2012. T.M. Crosby, Jr., Mayo Scott T. Johnson, City Administrator -Clerk Published in the South Crow River News this 13`h day of September, 2012. Ordinance No. 535 30 September 4, 2012