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6. Ordinance No 165 Draft Sign Ordinance 8 5 15Ordinance No. 163 Page 1 of 8 CITY OF SCANDIA ORDINANCE NO. 1654 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 1, SECTION 4.2 and CHAPTER 2, SECTION 4.30 REGARDING DEVELOPMENT STANDARDS FOR SIGNS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code” or “Code”), Chapter One, Section 4.2, Definitions, shall be amended to add the following definitions: Abandoned Sign: A sign which no longer identifies or advertises a bona fide business, tenant, service, owner, available product or activity, and/or for which no legal owner can be found. Banner: A temporary sign made of lightweight fabric or similar material with no enclosing framework that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags or the official flag of any institution shall not be considered a banner if displayed for noncommercial purposes. Community Event: A community event is any planned indoor or outdoor gathering that is held on public property or streets, non-profit organization property, or non-residential private property that can reasonably be expected to cause a public gathering that is not part of the normal course of business at that location. Community events typically occur for a limited or fixed duration. Examples of these events include, but are not limited to pre-planned marches, parades, block parties, and concert events. Pennant: Any lightweight plastic, fabric or other material designed to move in the wind, whether containing a message or not. Sign, Animated (also called Dynamic Display signs): Any characteristics of a sign that appear to have movement or that appear 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 fact to change the image without having to physically or mechanically replace the sign fact or its components. This also includes any rotating, revolving, moving, flashing, blinking or animated display, and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink,” or any other method or technology that allows the sign face to represent a series of images or displays. Sign, Community Event Sign: A sign that announces or promotes a community event. Ordinance No. 163 Page 2 of 8 Sign, Off-Premises Community: A sign that directs attention to a business, profession, service or entertainment not sold or offered upon the premises where the sign is located or to which it is attached. Sign, Portable Sign: A sign, with or without copy and/or graphics, that is constructed or placed upon a chassis with wheels , legs, or skids in order to be movable from one location to another, such as may be mounted on an automobile or trailer. This definition does not include permanent identification signs painted directly on vehicles, principally used for transportation, but does include such signs if the vehicles are not used for transportation purposes but are intended as a structure to support a sign. Sign, Pylon/Pedestal: A permanent, freestanding sign mounted on one (1) central shaft or post that is solidly affixed to the ground. Sign, Temporary: A sign designed or intended to be displayed for a short period of time and that is not permanently installed. This includes, but shall not be limited to, banners, sandwich board signs, and flags other than Community Event Signs, Garage Sale Signs, Real Estate Signs, and Lawn/Curb Signs. Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code”, or “Code”), Chapter Two, Section 3.13, Signs, shall be amended to read as follows: 3.13Signs (1) Applicability. The regulations contained herein do not apply to signs painted, attached by adhesive or otherwise attached directly to or visible through windows and glass portions of doors. (2) Permit Required. Except as otherwise provided in this Development Code, no sign shall be erected, constructed, altered, rebuilt or relocated until an Administrative Permit or Conditional use permit as may be required for the sign has been issued. Application for a permit shall be accompanied by the established fee. No permit will be required under this Development Code for the following signs: (A) Real estate sale signs under nine (9) square feet in area. (B) Political signs. (C) Warning signs that do not exceed nine (9) square feet in area. (C) Advertising signs identified in Item M of this Section. (D) If the work authorized under a sign permit has not been completed within six (6) months after the date of issuance, the permit shall become null and void. Ordinance No. 163 Page 3 of 8 (3) Signs by Conditional Use Permit. Where a use is permitted in a zoning district by Conditional Use Permit, the sign for that use shall require a Conditional Use Permit unless the sign is otherwise provided for in this Chapter. (4) General Standards. (A) Signs shall located in the Village Mixed Use (VMU A and B),Village Neighborhood (VN), and Rural Commercial (R COMM) Districts shall be reviewed for compatibility with the Scandia Architectural Design Guidelines, as applicable. (B) No sign may be erected that, by reason of position, shape, movement, color or any other characteristic, interferes with the proper functioning of a traffic sign or signal or otherwise constitutes a traffic hazard; nor shall signs be permitted which would otherwise interfere with traffic control. (C) All signs, other than public utility warning signs, are prohibited within a public right of way. (D) Political signs of any size and number are allowed in any district, on private property, with the consent of the owner of the property. Such signs may be posted from forty-six (46) days prior to the election and shall be removed ten (10) days after the election. In a state general election year, such signs may be posted from forty-six (46) days prior to the state primary until ten (10) days following the state general electionshall comply with Minnesota Statutes 211B.045 or successor statutes. (E) Illuminated signs shall be diffused or indirect so as not to direct rays of lighting onto any public right-of-way. No illuminated signs or their support structures shall be located closer than twenty five (25) feet to any roadway surface or closer than ten (10) feet to a road right of way line, notwithstanding more restrictive portions of this section. (F) Flashing signs and animated signs (also called Dynamic Display signs) shall be prohibited. Signs giving off intermittent, rotating, or direct light, which may be confused with traffic, aviation, or emergency signaling, are also prohibited. (G) Real estate sales signs may be placed in any yard providing such signs are not closer than 10 feet to any property line. (H) Real estate development project sales signs may be erected for the purpose of selling or promoting a single family or multiple family residential project. The plat of the development shall be recorded with the Washington County Recorder prior to the erection of a sign. Signs are subject to the following standards. 1. Such signs shall not exceed one hundred (100) square feet in area. 2. Only one (1) such sign shall be erected on each road frontage with a maximum of three (3) such signs per project. 3. Such signs shall be removed when the project is eighty percent (80%) completed, sold or leased. Ordinance No. 163 Page 4 of 8 4. Such sign shall be located on the property which is for sale. Off-site development project signs are prohibited. (I) One development identification sign shall be allowed for each street entrance to a development. The sign shall not exceed thirty-two (32) square feet per surface and no sign shall have more than two surfaces. The sign shall not exceed eight (8) feet in height. (J) Signs shall not be painted directly on the outside wall of a building.One (1) wall sign shall be allowed for each street frontage on a building for each business located within such building. The total area of all wall signs affixed to a building wall shall not exceed twenty percent (20%) of the total area of that wall. No individual wall sign shall exceed one hundred and fifty (150) square feet. A wall sign shall not project more than eighteen (18) inches from the wall to which the sign is to be affixed. Wall mounted signs shall not exceed the roof line on any building. Wall signs located in the Village Mixed Use (VMU A and B), Village Neighborhood (VN), and Rural Commercial (R COMM) Districts shall be reviewed for compatibility with the Scandia Architectural Design Guidelines. The City Council may approve the placement of murals on building walls that have a historic or other community-oriented content that exceed the standards for wall signs. (J)(K) Signs shall not be painted on a fence, tree, stone or other similar object in any district. (K)(L) Roof signs are prohibited in all districts. (L)(M) All signs and displays using electric power shall have a cutoff switch on the outside of the sign and on the outside of the building or structure to which the sign is attached. No electrically illuminated signs shall be permitted in the Agriculture District- Core ( AG-C), Agriculture Preserves (AP), General Rural (GR) and Village Neighborhood (VN) districts. (M)(N) Advertising signs are prohibited in all districts except for the following signs: 1. Signs advertising the sale of currently-available agricultural produce grown on the advertiser’s property shall be permitted after issuance of an Administrative Permit. No more than three off-site signs advertising the same location are permitted. No more than 135 sign days (each day that one sign is utilized) shall be allowed in one year. All sSigns shall be installed on posts placed in the ground or may be installed as sandwich-board signs. No portable signs shall be permitted. No sign shall exceed ten (10) square feet in area. 2. Temporary portable Ssigns and banners advertising a cCommunity eEvent that do not exceed forty (40) square feet in size shall be permitted after issuance of an Administrative Permit for a period of no more than ten thirty (30) days preceding the event and ending on theup to four (4) days after the event. Temporary portable signs and banners in the Village (VMU A, VMU B and VN) Districts and Rural Commercial Districts shall be consistent with the Scandia Architectural Design Ordinance No. 163 Page 5 of 8 Guidelines for Temporary Signs and Banners.No more than three signs advertising the same event are permitted. 3. Signs advertising a garage, lawn or similar sale occurring on a property in agricultural or residential use shall be permitted after issuance of an Administrative Permit. Such signs shall not exceed four (4) square feet and shall be removed not later than four (4) days after it is erected. 4. A temporary off-site real estate open house directional sign advertising the sale of residential real property is allowed with the consent of the property owner on whose property the sign is placed. Such sign shall be promptly removed at the completion of the open house and no later than 6:00 p.m. on the same day. 5. Temporary off-site real estate directional signs are allowed, but shall be limited to two square feet and shall include the name and telephone number of the person or company responsible for the signs. Such signs shall be promptly removed upon the sale of the property. Temporary “Parade of Homes” signs shall be allowed only during those periods in each year when the “Parade of Homes” event is being conducted. Such signs shall be erected not earlier than the first day of such event and shall be removed on the final day of such event. (N)(O) Multi-faced signs shall not exceed two (2) times the allowed square footage of single faced signs. (O)(P) Except for more restrictive parts of this Chapter, no sign that exceeds one hundred (100) square feet in area shall be erected or maintained: 1. Which would prevent any traveler on any road from obtaining a clear view of approaching vehicles on the same road for a distance of five hundred (500) feet. 2. Which would be closer than one thousand three hundred fifty (1,350) feet to a national, state or local park, or historic site. 3. Which would partly or totally obstruct the view of a lake, river, rocks, wooded, area, stream or other point of natural and scenic beauty. (P)(Q) Any sign for which no permit has been issued shall be taken down and removed by the owner, agent or person having the beneficial use of the building, or land upon which the sign may be found within thirty (30) days after written notice from the Zoning Administrator. (Q)(R) Any sign which is abandoned or becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety, shall be taken down and removed or structurally improved by the owner, agent or person having the beneficial use of the building, structure or land upon which the sign is located within ten (10) days after written notification from the Zoning Administrator. (R)(S) If the work authorized under a sign permit has not been completed within six (6) months after the date of issuance, the permit shall become null and void. Ordinance No. 163 Page 6 of 8 (5) Signs in Agriculture – Core (AG-C), Agriculture Preserves (AP), General Rural (GR) and Village Neighborhood (VN) Districts. Identification, real estate sales, development identification, advertising signs as permitted in Section 9.13(4)(L) and political signs are the only signs permitted in agricultural and residential districts. (A) No sign shall be so constructed as to have more than two (2) surfaces. (B) One (1) of each of the permitted type signs. Political signs are permitted in compliance with Minnesota Statutes 211B.045 or successor statutes. and one (1) political sign for each candidate will be permitted. (C)(B) No sign shall exceed thirty-two (32) square feet in size. (D)(C) The top of the display shall not exceed ten (10) feet above grade. (E)(D) Any sign over two (2) square feet shall be setback at least ten (10) feet from any property line. In no case shall any part of the sign be closer than two (2) feet to a vertical line drawn at the property line. (6) Signs in Village Mixed Use - A (VMU-A), Village Mixed Use – B (VMU-B), Rural Commercial (R-COMM) and Industrial Park (IP) districts. (A) Business, political, advertising signs as permitted in Section 9.13(4)(L), development identification and real estate sales signs are permitted. (B) Number of each type of sign allowed per lot frontage, or for each tennant in multi- tennant buildings: 1. One (1) real estate sales sign; 2. One (1) political sign for each candidatePolitical signs in compliance with Minnesota Statutes 211B.045 or successor statutes; and 3. One (1) freestanding monument business sign and one (1) business sign attached to the building. 4. One (1) Temporary Sign or Banner sign attached to the building that complies with the requirements of this section. 5. One (1) Community Event Sign or Banner. (C) Except as provided herein, the total square footage of sign area for each lot shall not exceed one (1) square feet of sign area for each lineal foot of building front. No sign shall exceed two hundred (200) square feet in area. Each real estate sales sign or political sign shall not exceed thirty five (35) square feet in area. (D) The top of a monument sign shall not exceed fifteen (15) feet above the average grade. (E) Any sign over six (6) square feet shall be setback at least ten (10) feet from any property line. In no case shall any part of a sign be closer than two (2) feet to a vertical line drawn at the property line. Ordinance No. 163 Page 7 of 8 (7) Shopping Center Signs. (A) Shopping Centers or buildings containing more than one (1) tenant are allowed one (1) monument sign which may contain the names of all businesses in the project. Individual businesses may be identified by way of signs attached to the building. The total square footage of sign area may not exceed the limits set forth in Section 6(C) above. (B) Signs shall in no case project from a building or structure to any point within two (2) feet of a line drawn perpendicularly upward from a curb line. No projecting sign shall be less than nine (9) feet above the sidewalk or the ground level. All projecting signs for which a permit is required shall be constructed entirely of fire resistant material. (8) Off-Premises Community Signs—Common Signs for Multiple Village-Area Businesses (A) Up to two off-premises sign may be permitted per each intersection of State or County Highways within Scandia that advertise multiple businesses and uses in the Village Area. The sign may be a monument sign or directional sign. The sign shall be consistent with the Scandia Community Sign Guidelines. (B) The City Council shall grant a Conditional Use Permit for any off-premises community sign. When the applicant is any person other than the owner of the property, the owner of the property shall also sign the application. The application shall contain the following information: 1. Name, address and telephone number of the property owner, sign owner, and erector. 2. Proposed location of the sign structure, including property identification number and address. 3. Scaled drawing showing the position of the sign structure in relation to the property lines, nearest buildings, structures, public streets, and rights-of-way. 4. Plans, specifications, materials, and method of construction or attachment to the ground or a structure, including all dimensions, all construction materials, a description of al light sources, wattage, types and color of lights, and details of light shields. 5. Any electrical permit required for the sign. 6. If the sign is proposed within the right-of-way of a state or county highway, the applicant shall obtain any required permits and provide a copy of the approved permit to the City. 7. Other information as required by the city. (C) In addition to the above application, an agreement must be entered into with the city which will authorize and direct the city to: Ordinance No. 163 Page 8 of 8 1. Remove at the expense of the owner, the sign and sign structure, where maintenance is required, but not furnished after a hearing and a 10-day notice to the owner specifying the maintenance required by the city. (8)(9) Home Occupations. Any home occupation permitted under Section 4.10 of this Chapter shall be allowed a sign no greater than nine (9) square feet in size. Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this ________, 2015. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk