HomeMy Public PortalAbout158 Affidavit of PublicationAFFIDAVITT OF PUBLICATION
CROW RIVER NEWS
Rockford and Osseo, Minnesota
State of Minnesota
County of Hennepin } SS.
County of Wright
DON R. LARSON, being duly sworn, on oath says: that he now is and during all the
time herein stated has been DON R. LARSON, the publisher and printer of the
newspaper known as the Crow River News, and has full knowledge of the facts
herein stated.
That for more than one year immediately prior to the publication therein of the
printed Notice City or Medina
0rdir}anct Not 158--Resgulatin,;Sa.gns
hereto attached, said newspaper was printed and published in the English
language from its known office of publication within the County of Hennepin and
County of Wright, State of Minnesota, on Wednesday and Saturday of each week in
column and sheet form equivalent in space to 450 running inches of single
column 21/z inches wide; has been issued from a known office established in said
place of publication equipped with skilled workmen and the necessary material for
preparing and printing the same: THE CROW RIVER NEWS has had in its
makeup not less than twenty-five percent of its news column devoted to local news
of interest to said community it purports to serve, the press work of which has
been done in its known place of publication; has contained general news, com-
ments and miscellany; has not duplicated any other publication; has not been
entirely made up of patents, plate matter and advertisements; has been circulated
at and near its said place of publication to the extent of 240 copies regularly
delivered to paying subscribers; has been entered as second class mail matter in
local post office of its said place of publication; that there has been on file in the
office of the County Auditor of said county the affidavit of a person having first
hand knowledge of the facts constituting its qualifications as a newspaper for
publication of legal notices; 'ind that its publishers have complied with all
demands of said County Auditor for proofs of its said qualification. A copy of each
issue has been filed with the State Historical Society, St. Paul.
That the printed Notice Cit'y of Medina
Ordinance No. 158--Re&ulatina°Suns
hereto attached as a part hereof was cut from the columns of said newspaper; was
published therein in the English language once a week for successive
weeks; that it was first so published on the 31 day of Ilar.ch.
19...7.6and thereafter on of each week to and including
the day of , 19 ; and that the following is a copy of the
lower case alphabet which is ackllpwwl ciged�to have been the size and kind of type
used in the publication of said PP77
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Publisher
Don R. Larson,
Subscribed and sworn to before me this 1 day of afiA-Q , 19 -7 4,
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NOTICE
CITY OF MEDINA
ORDINANCE NO. 158
AN ORDINANCE AMENDING
CHAPTER IX OF THE ORDINANCES
OF THE CITY OF MEDINA BY THE
ADDITION OF A SECTION
REGULATING SIGNS.
THE CITY COUNCIL OF THE CITY
OF MEDINA DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter IX of the City
Ordinances is hereby amended by .the
addition of the following:
Section 920:00 Purpose. This Or-
dinance regulates the type, number,
size structure, height, lighting, erec-
tion, repair, location and maintenance
of all outdoor signs within the City of
Mr+!ina, provides for the issuance of
permits and the charging of fees
therefor, and provides penalties for
non-compliance and violation thereof.
Section 920:05. Definitions. The
following words and phrases have the
meanings assigned to them.
(a) Sign. Any letter, word, symbol,
device, poster, picture, statuary,
reading matter, or representation in.
the nature of an advertisement, an-
nouncement, message, or visual
communication, whether painted,
posted, printed, affixed, or constructed
which is displayed outdoors for in-
formational or communicative pur-
poses.
(b) Sign Area. That area within the
marginal lines of the surface which
bears the advertisement or in the case
Qf messages, figures, or symbols at-
tached directly to any part of a
building, that area which is included in
the smallest rectangle which can be
made to circumscribe the message,
figures, or symbol displayed there on.
The maximum sign area for a free
standing or pylon sign refers to a single
surface.
(c) Building Inspector. The officer or
other person charged with the ad-
ministration and enforcement of this
ordinance, or his duly authorized
deputy.
(d) Accessory Sign. A business sign
relating to the business activity or
service conducted on the premises upon
which the sign is placed.
(e) Address Sign. A postal iden-
tification number only, whether written
tr.L111;ivur'irri:;rM-.4.0r advertising
sign which is owned or leased for the
purpose of selling advertising space, to
advertise products, services, com-
modities, entertainment or other ac-
tivity not offered on the premises upon
which the sign is located.
(g) Campaign Sign. A sign erected by
a bona fide candidate for public office
or by a person or group promoting a
candidate for public office or a political
issue.
'(h) Directional Sign. A sign to direct
patrons to a firm, business use or
service located within the corporate
limits of the City of Medina and not
carried out on the premises where the
sign is located.
(i) District. The Zoning District as
defined in the Medina Zoning Code.
.(j) Farm Sign. A sign advertising
farm products for sale.
(k) Flashing Sign. An illuminated
sign on which such illumination is not
kept stationary or constant in intensity.
(1) Free Standing Sign. A sign which
is placed in the ground and not affixed
to any part of any structure.
(m) Governmental Sign. A sign
which is erected by a governmental
unit for the purpose of directing or
guiding the public.
(n) Illuminated Sign. A sign which is
illuminated by an artificial light
source.
(o) Institutional Directional Sign. A
sign which bears the address and -or
name of a church, school, library,
hbspital, or recreational area or similar
use and directs traffic or pedestrians to
such institution.
(p) Institutional Sign. A sign or
bulletin board which identifies the
name and other characteristics of a
public, private institution or
recreational area on the site where the
sign is located.
(q) Motion Sign. A sign which
revolves, rotates, or has any moving
*. its which attract attention.
- (r) Name plate or Identification Sign.
A sign which bears the name and ad-
dress of the business orthe occupants of
the building.
(s) Non -conforming Sign. A sign
which existed prior to adoption of this.
ordinance but does not conform to the
newly enacted requirements of this
ordinance.
(t) Portable Sign. 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.
(u) Projecting Sign. A sign, all or any
part of which extends laterally from the
building more than 12 inches.
(v) Pylon Sign. A free standing
structure which is in excess of 20 feet in
height with a sign mounted thereon.
(w) Roof Sign. A sign erected upon
,the roof of a structure to which it is
affixed.
(x) Temporary Sign. A sign as set
fprth in section 920:25, which is erected
`or displayed for a limited period of
time..
(y) Traffic Directional Sign. A sign
which is erected on private property by
the owner of such property for the.
purpose of guiding vehicles and
pedestrian traffic in finding locations
such as parking, shipping and
i eceiving.
(z) Wall Sign. A sign affixed to the
all of a building.
Section 920:10. General Provisions.
(a) Construction. All signs shall be
constructed in such manner and of such
material that they shall be safe and
substantial, shall be properly secured,
supported, and braced, and shall be
kept in good repair.
(b) Offensive Material. No sign shall
contain any indecent or offensive
pictures or written matter.
(c) Location. No sign other than a
governmental sign shall be erected or
temporarily placed within any street
right-of-way or upon any public
easement.
(d) Interference With Traffic. A
permit for any sign to be located within
fifty feet of any street or official traffic
sign or signal or within 50 feet of any
intersection, driveway, or crosswalk
will be issued only:
1. If the sign will not interfere with
the ability of drivers and pedestrians to
see such traffic sign or signal or such
intersection, driveway or crosswalk,
and
2. If the sign will not distract drivers
nor cause any interference with such
official traffic sign or signal.
(e) Illumination. Illuminated signs
shall be subject to the electrical
requirements of the state electrical
code of the State of Minnesota.
1. Illuminated signs shall be shielded
Ito prevent any light to be directed at
oncoming traffic in such brilliance as to
impair the vision of any driver. Where
the sign is illuminated the source of
light shall not be directed upon any part
of a residence or into any area zoned for
residential use. Such illumination must
be indirect or diffused.
Section 920:15. Prohibited Signs.
(a) Flashing Signs. Flashing signs
and motion signs are prohibited in all
districts, except that informational
signs giving time, date and tem-
perature are permitted in Commercial
and Industrial Districts.
(b) Billboards. Billboards are
prohibited in all Districts.
(c) Wall Signs. Wall signs painted
directly on walls of buildings are
prohibited in all districts.
(d) Roof Signs. Roof signs erected on
the roof, or in the air space over the roof
of any structure are prohibited in all
districts.
Section 920:20. District Regulations.
The following signs are permitted in
the district indicated, and shall be
regulated as to size, location, and
character according to the
requirements set forth herein.
(a) Residential Districts, POC, RA,
R1, R2, R3, RC.
1. Name Plate, Single Family
Dwelling. One name plate is permitted
for each single family dwelling unit
provided that it shall be no greater than
2 sq. ft. in area per surface and shall
have no more than two surfaces. Such
signs may include the names of home
occupations that operate under ap-
proval of the City Council, but may not
contain further advertising.
2. Name Plate, Multiple Dwelling.
One name plate is permitted for each
multiple dwelling, provided that it shall
be no greater than 4 sq. ft. in area per
surface, shall have no more than two
surfaces, and shall contain the name
and address of the building and -or
occupants, only.
3. Name Plate, Dwelling Group. One
name plate is permitted for each
dwelling group of 8 or more units,
provided that it shall be no greater than
10 sq. ft. in area per surface shall have
no more than two surfaces, and shall
contain the name and address of the
building and -or occupants only.
4. Name Plate, Development Area.
One name plate is permitted for each
development area of 10 or more lots,
provided that it shall be no more than 10
sq. ft. in area per surface, shall have no
more than two surfaces, and shall
contain the name and address of the
development area only.
5. Name Plate, Institutions. One
name plate and -or bulletin board is
permitted for each institutional
building occupying a single lot,
provided that no name plate, bulletin
board, or combination thereof, shall
exceed 20 sq. ft. in area per surface,
and shall have no more than two sur-
faces. Two signs are permitted for
institutional buildings occupying
corner lots, one sign facing each street,
provided that the total sign area does
not exceed 20 sq. ft.
6. Directional Signs, Institutions and
Business. Three directional signs or the
number which in the discretion of the.
building inspector is necessary to direct
patrons, whichever is less, are per-
mitted for each business or institution,
provided that such signs shall be no
greater than 4 sq. ft. in area per sur-
face, shall have no more than two
surfaces, shall not be illuminated, and
shall carry no advertising.
7. Height and Set -Back Limitations.
No signs shall exceed 6 ft. in height, nor
shall any sign be placed within any
public right of way.
(b) Commercial and Industrial.
Districts, Cl, C2, C3, Ml, M2.
1. Residential Regulations. The
Regulations for residential, in-
stitutional and business uses set forth in
subparagraph (a) of this Section shall
apply to such uses if established in the
Commercial and Industrial District,
except that directional signs may have
up to 20 sq. ft. per surface and may be
illuminated.
2. Business Signs. One or more
business signs are permitted for each
lot which is used for business purposes,
provided that such signs shall be ac-
cessory to the premises on which they
are erected, shall contain no more than
two surfaces per sign, shall be no
greater than 100 sq. ft. in aggregate
area or single surfaces, or 200 ft. in
aggregate area of double surfaces,
provided however, that the said
aggregate area of single surfaces shall
in no case exceed the equivalent of 4 sq.
ft. times the number of lineal feet of
building frontage.
(i) Wall Signs. The total area of any
wall sign affixed to a building wall shall
not exceed 15 percent of the total area
of the wall it occupies, up to a
maximum of 100 sq. ft. No wall sign
shall extend more than 2 ft. above the
highest outside wall at the sign location.
(ii) Free Standing Signs. No more
than one free standing sign is permitted
for each lot which is used for business
purposes, provided that such free
standing sign be no more than 80 sq. ft.
in area per surface, shall contain no
more than two surfaces, shall have a
maximum height of 20 ft., and shall
have a minimum set -back from the
public right of way of 10 ft.
(iii) Projecting Signs. No projecting
sign may exceed 10 sq. ft. in area per
surface.
3. Additional Signs Permitted and
Excluded in Certain Commercial and
Industrial Areas.
(i) Shopping Centers. Shopping
centers and major commercial and
industrial areas shall be permitted
pylon signs in addition to those set forth
in subparagraph (b) of this section.
Pylon signs shall not exceed 100 sq. ft.
in area per surface, shall contain no
more than two surfaces, shall not ex-
ceed 36 ft. in height, and shall be
limited to one pylon sign per major
thoroughfare which approaches the
shopping center, commercial or in-
dustrial area. No pylon sign or free
standing sign will be permitted to in-
dividual businesses within such center.
(ii) Gasoline Service Stations. One
pylon sign is permitted for each
gasoline service station, provided that
said sign does not exceed 30 ft. in
height, shall be no more than 64 sq. ft. in
area per surface, shall contain no more
than two surfaces, and shall maintain a
minimum set -back of 10 ft. from any
public right of way. Said pylon sign
shall be in addition to all other per-
mitted signs. As an alternative, up to 3
signs totalling 80 sq. ft. if one surface is
used and 160 sq. ft. if two surfaces are
used, are permitted for each business
lot, provided that all such signs are
attached to the same post or other
structure. permitted in any parking
area where required for the orderly
movement of traffic, provided
however, that such signs shall not be
internally illuminated, shall not exceed
6 sq. ft. in area per surface, shall be
limited to two surfaces, and may be
placed at 0 set back.
Section 920.25. Temporary Signs.
Temporary signs shall be non
illuminated and shall be regulated as
follows:
(a) Sale of Individual Parcels. For
the purpose of selling or leasing in-
dividual lots or homes such signs shall
not exceed 4 sq. ft. per surface and
shall be removed within 7 days
following the lease or sale.
(b) Sale of Acreage or Tract. One
temporary real estate sign is permitted
for the purpose of selling an acreage,
promoting a residential project of 10 or
more dwelling units or promoting any
non-residential project, provided, that
such sign shall not exceed 32 sq. ft. in
area per surface, and shall be limited to
a single surface, and is located no less
than 100 ft. from any pre-existing
residence. Such sign shall be removed
upon completion, sale, lease, or other
disposition of the project. One ad-
ditional such temporary real estate
sign shall be permitted for each ad-
ditional street upon which the property
abuts.
(c) Construction Signs. One tem-
porary identification sign shall be
permitted upqn a construction site in
any district, said sign setting forth the
name of the architect, engineer, con-
tractor, or other principal. Such sign
shall not exceed 64 sq. ft. in area per
surface, and shall be limited to a
single surface, shall be located upon the
subject construction site, and shall be
removed upon completion of the
project.
(d) Campaign Signs. Campaign signs
shall be permitted in residential
districts, provided such signs do not
exceed 4 sq. ft. in area per surface, may
be placed in other districts provided
such signs do not exceed 8 sq. ft. in
area. Campaign signs are subject to the
following additional regulations:
1. Campaign signs shall not be posted
on any public right of way or public
property.
2. Campaign signs shall not be at-
tached to a tree or utility pole, whether
on private property or public.
3. No person shall post or attempt to
post a campaign sign on private
property without the express consent of
the owner or occupant of such property.
4. All campaign signs shall be
removed within 14 days after the
election.
(e) Farm Signs. One farm sign, not to
exceed 32 sq. ft. in area per surface and
having no more than two surfaces, is
permitted on each farm or other
property upon which farm products
may be sold, to advertise those
products.
Section 920:30 Administration and
Enforcement.
(a) Permits Required. The owner or
occupant of the premises on which a
sign is to be erected, or the owner or
installer of such sign, shall file ap-
plication with the City Building In-
spector for a permit to erect such sign.
Permits must be acquired for all new,
relocated, modified, or redesigned
signs except those specifically excepted
below. The applicant shall submit with
the application a complete description
of the sign and a scale drawing showing
its size, location, manner of con-
struction and such other information as
shall be required by the Building In-
spector. If a sign authorized by permit
has not been installed within 12 months
after the date of issuance of said per-
mit, the permit shall become null and
void.
(b) Site Plans Required. All
Residential, business or industrial
plats,special use permit applications,
or development projects of every kind,
which require approval by the City
Council, shall be accompanied by a site
plan showing the size, type and location
of proposed signs. Approval of such
plat, special use permit, or develop-
ment project shall include approval of
the general location, size and type of
proposed signs, provided however, that
the specific provisions of this sign or-
dinance shall be controlling. Any
major change in location, size, or type
of such proposed signs shall require the
approval of the City Council.
(c) Fees. For any sign for which a
permit is required, an initial ap-
plication fee of $10.00 shall be required
for the purpose of defraying the cost of
examining and processing the ap-
plication for permit and the cost of
inspecting the installation and main-
tenance of such signs.
(d) Exemptions. The exemptions
permitted by this section shall apply
only to the requirement of a permit and
shall not be construed as excusing the
installer of the sign or the owner of the
property upon which the sign is located
from conforming with the other
provisions of this ordinance. No permit
is required under this section for the
following signs:
1. Signs having an area of 4 sq. ft. or
less.
2. Signs erected by a governmental
unit, public school or church.
3. Temporary signs listed in Section
920:25. subd. a - e.
4. Memorial signs or tablets con-
taining the name of the building, its use,
and date of erection when cut or built
into the walls of the building and con-
structed of bronze, brass, stone,
marble, or similar material.
(e) Variances. The Planning Com-
mission may recommend and the City
Council may grant variances from the
literal provisions of this Ordinance in
instances where the applicant for a
variance has demonstrated that all of
the followingstandards have been met:
1. Because of the physical surroun-
dings, shape, topography or condition
of the land involved, a hardship to the
applicant would result if the strict letter
of the Ordinance were curried out;
2. The conditions upon which the
variance is based are unique to the
applicant's land and not generally
applicable to other property within the
same zoning classification;
3. The hardship arises from the
requirements of the Sign Ordinance
and has not been created by persons
presently or formerly having any in-
terest in the property;
4. A granting of the variance will not
be detrimental to the public welfare or
injurious to other land or im-
provements in the neighborhood in
which the land is located.
(f) Conditions and Restrictions. Upon
the granting of a variance the City
Council may impose conditions and
restrictions consistent with the spirit
and intent of the Sign Ordinance.
Section 920:40 Nonconforming Signs.
(a) Temporary or Portable Signs.
Any nonconforming temporary or
portable signs existing at the time of
adoption of this Ordinance shall be
made to comply with the requirements
set forth herein or shall be removed
within 60 days after the adoption of this
Ordinance.
(b) Permanent on -Premise Signs.
Non -conforming permanent signs
which are accessory to the premises on
which they are erected and which were
lawfully existing at the time of adoption
of this Ordinance shall be allowed to
continue in use, but shall not be rebuilt,
altered other than to change the
message, or relocated without being
brought into compliance with the
requirements of this ordinance. After a
nonconforming sign has been removed,
it shall not be replaced by another
nonconforming sign.
(c) Discontinued Use of Non-
conforming Signs. Whenever use of a
nonconforming sign has been discon-
tinued for a period of three months,
such use shall not thereafter be
resumed unless in conformance with
the provisions of this Ordinance.
(d) Dilapidated Signs. A non-
conforming sign or sign structure shall
be removed within 10 days after notice
in writing to the owner that the sign or
sign structure is unsound, damaged, in
disrepair or hazardous. Failure of
notification on the part of the City shall
not place any liability on the oat of the
City nor absolve or any
liability on the part of the o\; aeiof such
sign or sign structure.
(e) Nonconforming V11-rre1111Se
Signs. Nonconforming permanent
signs, including billboards, which are
not accessory to the premises on which
they are erected shall be removed
within 3 years of their erection and 120
days after notice in writing to the owner
that such signs are unlawful.
Section 920:45 Severage Clause. If
any section, clause or provision or
portion thereof of this Ordinance shall
be found to be invalid or un-
constitutional by any court of com-
petent jurisdiction, such decision shall
not affect any other section, clause,
provision or portion thereof.
Section 920:50. Supremacy Clause.
When any condition imposed by any
provision of this Ordinance is in conflict
with or more restrictive than similar
conditions imposed by provisions of
other City Ordinances, or Minnesota
State Statutes, the provisions of this
Ordinance shall control to the extent
allowable by law.
Section 920:55. Penalty Clause. It
shall be unlawful for any person, firm
or corporation, to erect, alter, repair,
remove, equip, maintain, or permit any
sign or sign structure or cause or
permit the same to be done in violation
of any of the provisions of this Or-
dinance. Whoever does any act or omits
to do any act which thereby constitutes
a breach of any section of this Or-
dinance shall, upon conviction thereof
by lawful authority, be punished by a
fine not to exceed $300.00 or by im-
prisonment not to exceed 90 days, or
both.
Section 2. This Ordinance shall
become effective upon its adoption and
publication.
Adopted this 2nd day of March, 1976.
Wayne Neddermeyer
Mayor
Attest:
Donna Roehl
Clerk
Published in the Crow River. News
Wednesday, March 31, 1976.