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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 ofghijklmnop r tuywxyz Publisher Don R. Larson, Subscribed and sworn to before me this 1 day of afiA-Q , 19 -7 4, 1WAAAA./ .AAAAtAi AAAAAAAAAAM.AAX RC J. Lt tZ3C1.! gj 111a} FF: 1 -4MY CC . 'EXPIRES j MA' 10 480 >y yiVVVVGVVVVVVVIVVVVVVVVVVVVVI 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.