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HomeMy WebLinkAbout1810-89 - ADMIN Ordinance - City Council - 1989/10/16ORDINANCE NO. 1810-89 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE ST. LOUIS PARK MUNICIPAL CODE RELATING TO SIGNS AND BILLBOARDS, SECTIONS 14-155(3)(d), 14-170(2)(j), and PARTS OF SECTIONS 14-185 through 14-185.08, AND AMENDING SECTION II(G)(113) OF THE DIVERSIFIED DEVELOPMENT GUIDE PLAN THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. On August 5, 1987, the Planning Commission reviewed proposed amendments to the Zoning Ordinance of the St. Louis Park Municipal Code and the Diversified Development Guide Plan, relating to signs and billboards, which amendments eliminate billboards as a permitted use or structure and modify related portions of the Zoning Ordinance and the Guide Plan. The Planning Commiss}on also studied information and reports from previous investigations of the same issue by the Planning Commission. The Planning Commission recommended approval of the amendments described below and attached to this Ordinance. Section 2. The Planning Commission's discussion and recommendation was reflected in its minutes and was submitted to the City Council at its regular meeting on August 17, 1987. Notice was given that a public hearing on said amendments would be held at the City Council's regular meeting on September 21, 1987. Section 3. In accordance with the requirements of the Zoning Ordinance and Minnesota Statutes, the following sections of the Zoning Ordinance of -the St. Louis Park Municipal Code are amended as attached: Amendments: Sections 14-185.02(1); 14-185.03; 14-185.03(2); 14-185.04(1)(b)(i); 14-185.04(1)(b)(ii)(a); 14-185.04(1)(b)(ii)(b)(i)-(ii); 14-185.04(6); 14-185.04(6)(b); 14-185.04(7); 14-185.05. Additions: Sections 14-185-.03(2)(f) and (g); 14-1-85.04(2) (c); -14-7-8-5.050). Deletions: Sections 14-185.03(3)(c); 14-185.05(1); 14-185.05(1)(a), (c), (d), (e), and (g); 14-185.05(2); 14 -185.05(2)(a) -(g); 14-185.05(3); 14-185.05(3)(a); 14-185.05(3)(a)(i); 14-185.05(3)(a)(iii)(1)-(4); 14-185.06(1); 14-185.06(2). Renumbered: From: 14-185.03(d) 14-185.03(e) 14-185.05(1)(b) 14-185.05(1)(f) 14-185.05(2)(h) 14-185.05(2)(1) 14-185.05(3)(a)(ii) 14-185.06(1)(a) 14-185.06(1)(b) 14-185.06(2)(a) 14-185.06(2)(a)(i) 14-185.06(2)(a)(ii) 14-185.06(2)(a)(iii) 14-185.06(2)(a)(iv) 14-185.06(2)(a)(b) To: 14-185.03(c) 14-185.03(d) 14-185.05(3)(a) 14-185.05(3)(b) 14-185.05(3)(c) 14-185.05(3)(d) 14-185.05(3) (e) 14-185.05(1) 14-185.05(2) 14-185.06(1) 14-185.06(1)(a) 14-185.06(1)(b) 14-185.06(1)(c) 14-185.06(1)(d) 14-185.06(2) ST. LOUIS PARK ZONING ORDINANCE SIGN/BILLBOARD REGULATIONS Section 14-185. Signs Section 14-185.01. Purpose. The purpose of this section is to establish minimum requirements, adopted to protect the public health, safety, morals, comfort and general welfare of the people through regulations governing all signs in the City of St. Louis Park. The sign regulations are intended to permit an efficient, effective and aesthetic means to communicate using signage while recognizing the need to maintain an attractive and appealing appearance in the community, residential, commercial, industrial, institutional and public development and the air space above and between such development. These regulations are intended to permit adequate signage for effective communication while minimizing or preventing visual clutter and visual pollution which can be caused by signage. Section 14-185.02. Definitions. The following terms, as used in this seciton are defined as follows: (1) Billboards. An off -premises sign which is erected and in use for the purpose of selling advertising space or which advertises products, goods, or services, or events relating thereto. (2) Changing Sign. A sign which has a message which can be changed, either by manual or automatic means. (3) Construction Sign. A temporary sign placed on a con- struction site which identifies the project, architects, engineer, contractor, financier or other involved parties. (4) Directional Sign. An on -premises sign designed to guide or direct pedestrian or vehicular traffic. (5) Flashing Sign. Any illuminated sign which emits an intermittent or f7 aRh i ng fight or which creates the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source, but not including changing signs. (6) Free Standing Sign. A sign which is primarily sup- ported by uprights placed upon the ground. (7) Height. The distance measured perpendicularly from the highest point of the sign structure to the grade level (8) (9) directly below the sign or the grade level of the center line of the nearest adjacent roadway, whichever grade level is higher. Illuminated Sign. Any sign which has characters, letters, figures, designs, or outlines which are internally illuminated by electric lights or tubes or by other artificial light directed to the sign. Sign. Any visual message including any announcement, declaration, demonstration, display, illustration, insignia or illumination used to identify, direct, inform, warn, advertise or promote the interests of any person when displayed out of doors in view of the general public, and shall include but not be limited to any symbol, flag, pennant, picture, wording, figures, or other form of graphics painted on or attached to or part of any building, marquee, canopy, awning, street clock, pole, parked vehicle, window, wall or freestanding structures or structures suspended in the air, or on any person, animal, plant, or vehicle, whether stationary or movable. For purposes of maintenance or removal, the word sign shall also include frames and support structure. a) On Premises Sign. A sign whose message is related to the premises on which the sign is located or the activity and use occurring on the premises. b) Off Premises Sign. A sign whose message is not related to the premises on which the sign is located or the activity and use ---occurring on the premises. Political Sign. A temporary sign which advertises or promotes a candidate for public office or an issue to be considered in an election. Portable Sign. A sign which is constructed of durable materials and designed to be readily moved from one location to another. Private Warning Sign. Any sign which includes no advertising and which is placed or erected on private property for the purpose of regulating, warning, or guiding traffic or persons, or for the purpose of pro- viding other safety information. 1 1 (13) Project Informtion Sign. A sign that is displayed temporarily with the approval of the City Council by a business establishment or group of business establishments adjacent to and affected by a construction project that is underway on a roadway or in an approved development district for the purpose of directing traffic and conveying to the public that the establishment or group of establishments is open for business. (14) Public Sign. Any traffic control sign as defined in the Highway Traffic Regulation Act or any other regulatory, informational or warning sign approved by the City Council for installation on public land. (15) Real Estate Sign. A sign which pertains to the sale, lease or rental of land and/or building and is located on property to which it pertains. (16) Rooftop Sign. A sign attached upon any flat, hip, gable roof or upon any mansard roof above the deck line or any sign attached to any building in any other manner so as to allow more than 10% of its area to extend above the wall or parapet wall of that side of the building. (17) Rotating Sign. A sign or portion of a sign which moves in a revolving, oscillating or similar manner but not including changing signs. (18) Sign Area. The area within the frame or frames of the sign on which the message is conveyed and which is used to calculate the square footage of the sign. Any frame that exceeds twelve inches in width shall be counted as sign area. The countable sign area of a sign that is mounted directly -on -a- wall,--fascia-or-in-some other way as to be without a frame, or is not a common form whose surface area is easily calculable shall be the square footage of the area bounded by straight lines around the periphery of the sign connecting its outermost points. The countable sign area of a multiple face or volumetric free-standing sign shall be determined by taking -one-half of i -t -s total. -sign -area. The maximum aggregate or total sign area on a lot shall include the countable area of all signs, except that real estate, temporary, political, private warning and construction signs and non -advertising portion of directional signs shall be exempt from total sign area requirements. (19) Supergraphic. Any mosaic, mural, painting or graphic art or combination thereof which is professionally 4 applied to a building and which does not contain any brand name product, letters of the alphabet, spelling or abbreviation of any product, company, profession or business, or any logo or any commercial message. (20) Temporary Sign. A sign designed to be displayed for a limited period of time that may be constructed of paper, cloth, canvas, cardboard or any other light and non -durable material. (21) Wall Sian. All signs painted on the exterior surface of a building or structure, and all flat signs of solid face construction which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure. Section 14-185.03. General Provisions. Signs are a permitted accessory use in all Use Districts subject to the following regulations and the standards set forth in Section 14-185.08, Table A. (1) Setbacks. All signs except real estate, directional, construction, private warning and political signs must comply with the setback yard regulations applicable to that zoning district, provided that a sign and its superstructure may extend into the required setback yard areas a distance not to exceed eighteen inches. Placement of real estate, directional, construction and political signs shall comply with Section 14-185.04. Signs can be placed on the face of legally existing canopies or on the front or side walls of legally constructed buildings which do not meet the current ordinance requirements relative to front and side yards— Real_estate, directional, construction and political signs shall comply with the setback requirements set forth in Section 14-185.04. (2) Prohibited Signs. The following signs are prohibited: (a) Flashing signs are prohibited in the R-1, R-2, R-3, R-4, R -B and B-1 and residential PUD districts. (b) All signs are_prohibited on or over the public right-of-way or right-of-way easement, except the City Council may grant permission for a temporary sign on or over the right-of-way for a period not to exceed 10 days. (c) Illuminated signs emitting a beam consisting of a collection or concentration of rays of light are prohibited in all districts. This includes, but is not limited to, search lights, beacons and strobe lights. (d) Roof top signs are prohibited in all districts. (3) (e) Rotating signs are prohibited in all districts. (f) Billboards are prohibited in all districts. (g) Off -premises signs are prohibited in all districts except as regulated in Section 14-185.04(2)(d). Exemptions. The following signs are exempt from the provisions of this Ordinance: (a) Public signs (b) Private warning signs (c) The United States flag, other national flags, the flags of all the states of the United States and the St. Louis Park flag (d) Project information signs (4) Supergraphics. Supergraphics are permitted in all districts (5) Parking Areas. Signs shall not be placed in or restrict access to required parking spaces or loading berths. (6) Free-standing Signs. Not more than one free-standing sign, excluding construction, directional, real estate, political, private warning or temporary signs, shall be permitted on an individual street frontage on a lot. (7) Multi -tenant Building. The property owner shall be responsible for allocating the allowable sign area among the tenants of multi -tenant buildings. In the event that the owner does not allocate the sign _area, the City may do so based on the relative floor area or tenant frontage. Sign as a Structure. A sign is a structure or a part of a structure for the purpose of applying yard regulations. Planned Unit Development. For property located in a PUD District, signs shall be _permitted and _regulated according to a final general PUD plan and related documents. If the PUD plan does not contain an approved sign plan, the signs shall be regulated by the zoning district. (10) Symbols, Statutes, Sculptures Symbols, statues, sculptures and integrated architectural features on buildings may be illuminated provided the direct source of light is not visible from the public right-of-way or adjacent residential property. Section 14-185.04. Special Provisions. (1) Real estate and rental signs are regulated as follows: (a) Real estate signs less than 40 feet per face and less than 10 feet in height are exempt from the setback requirements. (b) Real estate signs are subject to the following time limits: (i) For sale signs: Height and area as set forth in Section 14-185.08, Table A, no time limit (ii) Rental signs (a) Located in R-1, R-2, R-3 District: Height and area as set forth in Section 14-185.08, Table A, no time limit (b) Located in R-4, R -B, B-1, B-2, B-3, All I, PUD and DDD Districts: (i) If the building is new, recently sold, 50% vacant or substantially remodeled, height and area as set forth in Section 14-185.08, Table A, 12 -month time limit. (ii) If the building is not new, not recently sold, not at least 50% vacant or not substantially re- modeled, 1/4 of the area as set forth in Section 14-185.08, Table A, no time limit. (c) Real estate signs are exempt from the total area requirements. sign (2) Temporary signs are regulated as follows: (a) Temporary signs other than political signs, construction signs and real estate signs may be permitted on a lot no more than four times in any calendar year -for a time period not exceeding a total of 30 days in any calendar year. (b) The total sign area of all temporary signs on a parcel shall not exceed 25% of the total allowable sign area for that parcel or 60 sq. ft., whichever is greater. (c) The advertisement contained on any temporary sign shall pertain only to the business, industry or pursuit conducted on or within the premises on which such sign (3) (6) is erected or maintained, except as 14-185.08(2)(d). (d) Off -premises temporary signs of or religious nature are exempt 185.03(1). provided in Section a civic, political from Section 14 - Political signs are regulated as follows: (a) Political signs may be placed in the setback. required (b) No sign shall be placed on a public right-of-way or any publicly owned property including bbulevard trees and utility poles. (c) No sign shall have more than two faces. The total square footage of sign area on one lot shall not exceed 64 square feet in area. (d) No sign shall be placed so as to obstruct vision at an intersection or to otherwise constitute a hazard to public safety. (e) Signs shall be allowed to be left standing after a primary election if there is another election to follow; however, in any election which is not a primary, all political signs shall be removed within five days after such an election. A directional sign placed in the setback shall not exceed 8 sq. ft. in sign area per face nor 42 inches in height and shall not display any advertising. Construction signs are regulated as follows: (a) Construction signs less than 40 feet per face and less than 10 feet in height are exempt from the setback requirements. (b) Construction areas are exempt from the total sign area requirements. (c) Construction -signs shall be -removed-prior -to -the issuance of the final occupancy permit. "R" Residence Districts. Within the "R" Districts the following signs are permitted subject to the area and height limits set forth in Section 14-185.08, Table A: (a) One name plate sign for each dwelling which shall not exceed two surfaces. Such sign may indicate the name of the occupant, address of the occupant and the type of home occupation, if any. (b) Permitted uses which are not residential may have one sign which shall not exceed six sq. ft. in area per surface except as provided in Section 14-185.08, Table A. Signs may be permitted by special permit for public parks and playgrounds, churches, synagogues, public libraries, public museums, public art galleries, public and parochial schools, municipal buildings, golf courses, country clubs, community centers, colleges, universities, private schools!, hospitals and sanitariums based on the followingdesign criteria and other conditions the City Council may require in its discretion: (i) Size - The size shall be proportional to the size of the facility, need for signage, frontage on street(s), location, visibility, and development in the area. The maximum size per street frontage should not exceed 60 sq. ft. per sign surface with a maximum area of 120 sq. ft. per single sign. (ii) Height - No free-standing sign shall exceed 15 ft. in height. (iii) Lighting - (a) Lighting shall be indirect or it shall be backlighting. (b) Exposed neon lighting, flashing illuminated and/or rotating illuminated signs shall be prohibited. (iv) Design - Signs attached to the building shall be integrated with the building design and architecture in --terms of—materials, colors lighting and placement; signs not attached to the buildings shall be architecturally treated and coordinated with the principal building by use of compatible materials and design. (v) Location - No free-standing sign shall be lo- cated less than 25 feet from any street right - of way_line , and -signs under this section are not subject to setback requirements based on building height. (vi) Sign Purpose - The principal purpose of the sign permitted under this Section shall be to identify the public or institutional use made of the property. Bonus Rule. When a sign meets certain bonus criteria, additional square footage will be allowed in the computation of the maximum square footage for any one sign as set forth in Section 14-185.08, Table A. When applying the bonus footage, at least 50% of the sign area must meet the applicable bonus provisions. Bonuses granted because of compliance with bonus criteria must be used in the sign area which meets that bonus criteria. Bonuses shall not be used to permit sign area to exceed the maximum aggregate or total sign area allowed in Section 14-185.08, Table A. The' Bonus Rule does not apply to lots located in R-1, R-2, R-3 or R-4 districts. In addition, R -B lots, equal to or less than 20,000 sq. ft., are not eligible for__. bonus footage. (a) Script. Extra square footage will be allowed when the lettering on the sign is composed of letters with the stroke (length) of the letter that is at least ten times greater than the width. (b) Consistent with Architecture. Extra square footage shall be allowed when a sign is permanently mounted or fixed to the building and the materials, form, color and related elements are consistent with the architecture. Plastic letters attached to the building do not qualify for bonus footage under this section. (c) No Illumination. Extra square footage shall be allowed when the background of the sign is not illuminated. Individual letter or logo illumination and backlighted letters shall not prevent a sign from qualifying for bonus footage under this Section. Section 14-185.05. Non -conforming Signs. All signs, legally existing on the effective date of this ordinance which are not in conformance with the provisions_of_this_ordinance,_are_subject to certain restrictions regarding alterations, repairs and continued use and existence of the sign structure as described in Section 14-106 of the zoning ordinance. In addition, non- conforming signs are subject to the following provisions: (1) (2) On -Premises Signs. On -premises signs which do not conform to this ordinance shall be allowed to continue through January 1, 2000 but shall not be rebuilt, relocated, replaced or altered without being brought into compliance with all the requirements of this ordinance prior to January 1, 2000 except that on - premises signs existing at the time of the adoption of this ordinance shall not be replaced or repaired if damaged beyond 50% of the original value of the signs. Real Estate, Portable and Temporary Signs. Real estate, portable and temporary signs which do not conform to this ordinance will be removed or made to conform within 30 days of the effective date of this ordinance. 10 (3) Billboards (a) Flashing signs on billboards are not permitted in any district. (b) Changing signs are prohibited, except those signs which display only one or a combination of the following: time, temperature and stock market indices. (c) The maximum size for extensions, is 300 square and West Lake Street; 450 Boulevard and Minnetonka other permitted locations. billboards, including all feet along Cedar Lake Road square feet along Excelsior Boulevard; and 750 feet in (d) The maximum height for billboards shall be 35 feet, including extensions, as measured in accordance with Section 13-723(3)(a) of the Ordinance Code. (e) Billboards which have been destroyed or damaged must be removed or made to conform with the ordinance requirements when the cost of repair equals more than 50% of the appraised physical value of the entire structure, including supports and extensions. Section 14-185.06. Enforcement. (1) (2) Penalty. The penalty for violating any provision of this ordinance shall be as follows: (a) Any person installing or maintaining any sign not in conformance with any statement of plan duly submitted and approved under this ordinance shall be deemed guilty of a misdemeanor. (b) Any person installing or maintaining a "prohibited" sign" shall be deemed guilty of a misdemeanor. (c) Any violation guilty of (d) Any violation ordinance Equitable construed equitable violation person installing or maintaining a sign in of the yard regulations shall be deemed a misdemeanor. person installing or maintaining a sign in of the regulations contained in this shall be deemed guilty of a misdemeanor. Remedies. Nothing in this ordinance shall be to prevent the court from granting any relief that it deems appropriate for a of this ordinance. Section 14-185.07(a). Violation and Penalty. Any person violating any provision of this ordinance shall be found guilty of a misdemeanor and penalized as defined in Section 2-203 of 11 this Code. Section 14-185.07(b). Severability. Any part of Sections 14-185 through 14-185.06 which is in conflict with any act of Congress, any rule of any Federal agency or any State statute shall be deemed void without affecting the remaining provisions of Sections 14-185 through 14-185.06. Section 14-185.08. Table A (next page). Section 4. Section 14-155 of the Zoning Ordinance of the St. Louis Park Municipal Code is amended as follows: Deletion: Section 14-155(3) is amended by deleting the following as a permitted use in the B-2 Business District: (d) Billboards. Addition: A new Section 14-155(3)(d) is added to the Zoning Ordinance to read as follows: (d) (Space reserved) Section 5. Section 14-170 of the Zoning Ordinance of the St. Louis Park Municipal Code is amended as follows: Deletion: Section 14-170(2) is amended by deleting the following as a permitted use in the I-1 Industrial District Addition: A new Section 14-170(2)(j) is added to the Zoning ordinance to read as follows: (j) (Space reserved) Section 6. The Diversified Development_District Guide _Plan implemented through Section 14-124(2) of the Zoning Ordinance of the St. Louis Park Municipal Code, is amended as follows: Deletion: Section II(G) is amended by deleting the following as a use permitted by special permit in the Diversified Development District: (113) Billboards Addition: A new Section II(G)(113) is added to the Diversified Development District Guide to read as follows: (113) (Space reserved) Section 7. This ordinance shall take effect fifteen (15) days after its publication. Adopted by the City Council October 16, 1989 �� //Lt Ma r Reviewed for Administration Approved as to form and execution 0/, e. ,J/Z11.1 City Manager City At rney Minnesota Suburban Newspapers AFFIDAVIT OF PUBLICATION City of St. Louis Park (Official Publication) OTHESUMMARY ORDINANCE NO 1810-89 AN ORDINANCE AMENDING THE STATE OF MINNESOTA) STZONIN PARK A IEIOFL CODE RELATING TO SIGNS AND BILLBOARDS, SECTION'S 14155(3)(M, 14-170(2)(J), AND 14-185 08, COUNTY OF HENNEPIN) PARTS OFsEcTioDNs AMENDTHc UGH SECTION 1I(g)(113) OF -THE DIVERSIFIED ' DEVELOPMENT GUIDE PLAN Gregory P t a c i n , being duly sworn on an oath says that he/she i Summary This ordinance amends the St Louis Park Zoning Ordinance eliminating' billboards as a permitted _use and modifies related portions of the Zomn Ordinance and the the publisher or authorized agent and employee of the publisher of the newspaper known a Guide Plan g, Effective Date prdmance shall take effect 15 days after itis - lbhcgtion Adopted by th trG`bunct[ October 16, 1989 /s/ LYLE W HANKS I Mayor 1 (The full text of this ordinance is available for in stated below spection with the City Clerk ) (Oct 25, 1989) -SLP ss St. Louis Park Sailor , and has full knowledge of the facts which a (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B) The printed Ordinance N o . 1810-89 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks, it was first published on We d n e s d a y , the 25 day Sof October, 19 8 9 , and was thereafter printed and published on every to and including , the day of , 19 , and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice a bcdefghijklmnopgrstuvwxyz Acknowledged before me on this 30 day of ,�'ctober 19 89 No MERIDE M HEDBLOM NOTARY PUBLIC—MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 7-2.112 BY. TITLE Gene ra I Manager RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 100 per line (Line, word, or inch rate) $ 5906 per line (Line, word, or inch rate) $ 5376 per line (Line, word, or inch rate)