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HomeMy WebLinkAbout2250-03 - ADMIN Ordinance - City Council - 2003/09/02ORDINANCE NO. 2250-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-82(b)(4)(5), 36-82(b)(9)b.3, 36-362(c), 36-362(d), 36-362(0, 36-362(0(3), 36-362(0(13), Table 36-362A, 36-362(g)(4)(5)(7), 36-362(h), and 36-362(i)(6)(7) CREATING CONSISTENCY, CLARIFYING AND AMENDING STANDARDS FOR PERMANENT, TEMPORARY AND CANOPY/AWNING SIGNS, SIGN PERMITTING REQUIREMENTS, AND APPROVED SIGN PLANS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-24-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-82(b)(4)(5), 36-82(b)(9)b.3, 36- 362(c), 36-362(d), 36-362(0, 36-362(0(3), 36-362(0(13), Table 36-362A, 36-362(g)(4)(5)(7), 36-362(h), and 36-362(i)(6)(7) are hereby amended by deleting stricken language and adding underscored language. Section 36-82(b) (4) Carnivals, festivals and promotional events (5) a Carnivals, festivals, and promotional events, mcludmg community art fairs, shall not be permitted for more than 14 days m any calendar year except m public parks or closed nght-of-way as approved by the city or as specified by PUD approval. b Carnivals, festivals, and promotional events shall be permitted within required the front yard, side yard, or rear yard, except where prohibited under section 36-76. Carnivals, festivals, and promotional events shall not be allowed within the public nght-of-way unless such nght-of-way will be closed for the event as approved by the city c. Carnivals, festivals, and promotional events shall not be permitted within any required bufferyards. d All signage must meet the temporary signage provisions found m Section 36-362(h)(3) Temporary outdoor sales a Temporary sales, including licensed food service, shall only be permitted within a C, 0, M -X or I district or in public parks or closed right-of-way as approved by the city or as specified by PUD approval. b Temporary outdoor sales which do not exceed 100 square feet shall be permitted. However, no merchandise shall be stored outside overnight. Ordinance No. 2250-03 -2- c. Temporary sales which exceed 100 square feet shall be permitted for a penod not to exceed four consecutive days or a total of 12 days in a calendar year except m public parks or closed right-of- way as approved by the city or as specified by PUD approval. d Temporary sales shall only be allowed if associated with a permitted retail busmess operating within a building on the site in which the same or similar merchandise is offered for sale except m public parks or closed nght-of-way as approved by the city or as specified by PUD approval. e Temporary sales shall be permitted in the required front yard, side yard, and rear yard unless prohibited under section 36-76; however, temporary outdoor sales shall not be allowed in any required landscaped area or bufferyard or within the public nght-of-way unless such nght-of-way will be closed for the event as approved by the city or as specified by PUD approval. f. All signage must meet the temporary signage provisions found in Section 36-362(h)(3) (9) All garage sale signs must comply with section 364362(e) Sec 36-362. Sign regulations (a) Purpose. The purpose of this section is to establish minimum requirements for the size, placement and maintenance of signs by adoption of regulations governing all signs m the city The sign regulations are intended to permit a safe, efficient, effective and aesthetic means of communication using signage which recognizes the need to mamtam an attractive and appealing appearance of property m the community, mcludmg that property used for residential, commercial, industrial, constitutional, public development use, and the air space above and between those uses. These regulations are mtended to permit signage which is adequate for effective communication but muumnizes distractions to traffic and prevents visual clutter and visual pollution which can be caused by the unregulated use of signage (b) Findings. The city finds that: (1) The manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community (2) An opportumty for identification of community business and mstitutions must be established. (3) The safety of motonsts, cyclists, pedestrians, and other users of the public streets and property are affected by the number, size, location and appearance of signs that divert the attention of dnvers (4) Installation of signs on the tops of buildings constitutes a hazard during periods of high winds and is an obstacle to effective firefighting and other emergency services. (5) Uncontrolled and unlimited construction and placement of permanent and temporary signs adversely affects the image and aesthetic attractiveness of the community and undermines economic value and growth. (6) Uncontrolled, abandoned and unl minted signs, particularly temporary signs, which are commonly located m or near public nghts-of-way or at driveway and street intersections, result m roadside clutter, obstruction of views of oncoming traffic, and a visual distraction to drivers and pedestrians. (c) Definitions The following words, terms and phrases, when used in this section, shall have the meanings ascnbed to them m this subsection, except where the context clearly indicates a different meaning. Backlighting means an illuminated sign where the light source which mllurmnates the wall behind individual sign letters is hidden from view The sign letters are opaque and appear as a silhouette agamst the lighted surface • • • Ordinance No. 2250-03 -3- Billboard means a sign which is used for the pnmary purpose of selling space advertising a product, service, business, or event which is not offered for sale or rent or does not take place on the premises on which the sign is located. Commercial message means any message which identifies a business or product or promotes the sale of any product or service Courtesy bench means any bench hcensed by the city and m compliance with chapter 8 of this Code. Decorative banner means a piece of fabnc attached to a pole or building wall as a decorative display of color to enhance the architecture of a buildmg or a site which does not contam a commercial message. Direct fighting means an illuminated sign where the source of light is visible. Height means the distance measured perpendicularly from the highest pomt of the sign structure to the grade level of the ground directly below that point or the grade level of the centerline of the nearest adjacent roadbed, whichever grade level is higher Indirect hghting means an illuminated sign where the sign reflects the light from an external source. Internal lighting means an illuminated sign having the source of illumination located mside a translucent panel which is not directly visible. Sign means any written message, pictonal presentation, number, illustration, decoration, flag, banner or other device that is used to announce, direct attention to, identify, advertise or otherwise make anything known The term "sign" shall not include landscaping or the architectural embellishment of a building not mtended to communicate information For purposes of maintenance or removal, the term "sign" shall also include frames and support structures (1) On -premises sign means a sign whose message is related to the premises or the activity and use occumng on the premises on which the sign is located. On -premises signs include multi -tenant identification signs that may advertise tenants on a different property provided such tenants are within the same approved PUD and parking is shared between properties (2) Off -premises sign means a sign whose message is not related to the premises or the activity and use occurring on the premises on which the sign is located Sign area means the area in square feet of all faces of the sign panel, mcludmg the frame Each message shall be considered to be a sign If individual letters are mounted directly on a wall, or canopy or awning without a frame, the sign area shall be the area m square feet of the smallest rectangle, which encloses the sign message or logo. The sign area of a freestanding multiple face or volumetric sign shall be determined by totaling the area of all faces The maximum aggregate or total sign area on a lot shall mclude the sign area of all signs. Sign, blade means a wall sign that projects away from the wall at an angle sufficient to provide visibility to at least two sides of the sign Sign, canopy/awning means a visual message on an awning or canopy which is constructed according to the requirements of the building code, : - : • : : is an integral part of the building, and is consistent with the architecture and design of the building Sign, changmg sign means a sign whose message can be readily changed, either by manual or automatic means Sign, flashing sign means any illuminated sign, which is not a changmg sign which emits an intermittent or flashing hght, or creates the illusion of intermittent or flashing light by means of anunation Sign, freestanding sign means a sign, which is self-supportmg usually by upnghts placed on or in the ground. Ordinance No. 2250-03 -4- Sign, Garage sale means a sign advertismg a garage sale per section 36-82(b)(9). Sign, illuminated sign means any sign, which has characters, letters, figures, designs or outlines which are either mternally or externally illurmnated by an artificial light source. Sign, permanent means any sign that is not a temporary sign, real estate sign, political sign, project mformation sign or pedestrian sign. Sign, pedestrian portable sign means a temporary sign, which is usually constructed of durable materials and is designed to be readily moved from one location to another (ex. Sandwich board sign or any item containing a message) For purposes of this ordinance, any sign mounted to, or conveyed by means of, a vehicle shall not be considered a pedestrian sign Sign, political sign means a temporary sign, which advertises or promotes a candidate for public office, a political party, or an issue to be considered m a public election. Sign, pnvate directional sign means a sign, which mcludes no advertising placed on pnvate property for the purpose of regulatmg, guiding, warning traffic or persons, or providing other safety information. Sign, project information sign means a temporary directional sign displayed dunng the time that a construction project on a public roadway or m an approved redevelopment district is underway. Sign, public sign means any sign defined as a traffic control sign in the Highway Traffic Regulation Act M.S.A. § 169.97 et seq., any identification sign installed m a public park by a public authonty, or any other identification, regulatory, or warning sign approved by the city council for installation on public land. Sign, real estate sign means a temporary sign, which advertises the development, sale, lease or rental of land or buildings. A real estate sign is designed to be displayed for a limited penod of time and is not permanently fixed to the land or a structure Real estate signs may be constructed of paper, cloth, canvas, wood or any other light and non -durable matenal. Sign, rooftop sign means a sign attached to any roof or any sign attached to a building m any other manner that allows more than ten percent of its area to extend above the wall or parapet wall of the side of the buildmg on which the sign is located. Sign, rotating sign means a sign or a portion of a sign which moves m a rotatmg, oscillating or similar manner other than changing signs. Sign, temporary sign means a sign designed to be displayed for a limited penod of time that is not permanently fixed to the land or a structure Sign, wall sign means a sign attached to or erected against an exterior wall surface of a building or structure Supergraphics means any mosaic, mural, pamtmg or graphic art or combination thereof which is professionally applied to a buildmg that does not contain any brand name, product name, letters of the alphabet spellmg or abbreviating the name of any product, company, profession or business, or any logo, trademark, trade name, or other commercial message. (d) Exempt signs. The following signs are exempt from the provisions of this section. (1) Pubhc signs Ordinance No. 2250-03 -5- LWThe United States flag, other national flags, the flags of all the states of the United States and the city flag L)E Supergraphics. A building address which does not exceed 12 mches m height. Signs on courtesy benches, if they comply with the requirements of chapter 8 of this Code Signs on vehicles when the vehicle is being used in the normal day-to-day operation of a business (e) Prohibited signs. The following signs are prohibited m all use districts. (1) Flashing signs (2) Signs on or over the public nghts-of-way unless the city council grants permission for a temporary sign on or over the public nghts-of-way for a period of time not to exceed ten days (3) Searchlights, beacons, strobe fights or other illuminated signs emitting a beam consistmg of a collection or concentration of rays of hght (4) Rooftop signs (5) Rotating signs. (6) Billboards (7) Off -premises signs (8) Inflatable signs and tethered balloons. (9) Signs painted directly on a building (10) Signs mounted on chimneys, rooftop equipment, observation towers, flagpoles, cooling towers, elevator penthouses, commercial antennas, commumcahon towers, belfries, church spires and cupolas (f) General provisions Subject to the following regulations, signs are a permitted accessory use m all use distracts: (1) Permit required. A sign permit shall be issued pnor to the installation of any sign. a Exception Real estate signs less than 10 square feet in area, political signs and garage sale signs are exempt from the permit requirements (2} b Submission requirements The following information shall be submitted pnor to a sign permit being issued. a- 1 Application form and fee A fee shall be charged per sign, except that decorative banners and private directional signs less than 4 square feet per sign face shall be charged one fee per proposal submitted for review and approval. 137 2 Site plan and building elevations, if applicable. E 3 Two sets of drawings for each sign that is proposed. Ordinance No. 2250-03 -6- `23) Required yards No sign shall be erected or mamtamed m any required yard m any use distnct with the following exceptions: a. In the C-1, C-2 and M -X distracts, .,• . • - - the required yard for any sign less than 200 square feet m sign area shall be 5 feet All other signs shall have a required yard of 20 feet unless exempted below b. In the C-1, C-2 and M -X distracts, a blade sign may project mto the required front yard if the sign meets the followmg requirements. 1 The sign is attached to a wall m such a manner that meets the buildmg code, and 2 The lowest portion of the sign Is no closer than 8 feet to the ground: and 3 No portion of the sign shall extend more than 4 feet from the buildmg, and in no mstances shall the sign project into the public nght-of-way 4 The sign face does not exceed 9 square feet c. Except as allowed under (3)b of this section, a wall sign may extend into the required yard a distance not to exceed 18 niches, and a canopy or awning sign may extend into the required yard as allowed by Section 36-73(a)(5) and Section36-73(b)(3), except that structures that do not meet the current front or side yard requirements shall place signs flush against the front or side walls e d A sign may be placed on the face of an existing canopy or awning located on a structure classified as conforming or lawful nonconforming use if the sign does not extend above the top or below the bottom of the vertical portion of the canopy or awning face. e Real estate signs meeting the standards set forth in Section 36-362(h)(1) f Private directional signs meeting the standards set forth in Section 36-362(h)(2). g Pedestrian signs meeting the standards set forth in Section 36-362(h)(4) h Decorative Banners meeting the standards set forth in Section 36-362(h)(5). Political signs meeting the standards set forth m Section 36-362(h)(6) j. Project Information signs meeting the standards set forth in Section 36-362(h)(7). (34) Freestanding signs. Except for pnvate directional, project mformation, real estate, political, decorative banners, and temporary signs, no more than one freestandmg sign shall be permitted on an mdividual street frontage of a lot or PUD site. (43) Parkmg areas. Signs shall not be placed m or restrict access to required parking spaces or loadmg berths. • • • Ordinance No. 2250-03 -7- (56) Multi -tenant building. The property owner or the property owner's designee shall be responsible for allocatmg the allowable sign area among the tenants of a multi -tenant building. If the property owner does not allocate the sign area, the city may do so based on the proportion of floor area or tenant frontage occupied by each tenant (67) Lightmg. Direct rays or glare of fight from an illuminated sign shall not be visible from public rights-of-way or property other than that on which the illuminated sign is located. Any external source of illumination must be provided with shields or lenses winch concentrate the hght onto the sign (78) Electrical wiring The electrical energy used to illuminate freestanding signs may not be from an overhead source but must be buried underground The conduit and wn-mg to all signs must be concealed. (89) Wmd load. All signs shall be designed and constructed to withstand wind loads of at least 30 pounds per square foot of area and the dead loads required by the building code and other ordmances of the city (91-0) Anchoring. All signs shall be safely and securely anchored to their supporting structure All attachments and movable parts shall be securely fastened. No sign shall be anchored to another sign (104) Bracing. All signs shall be constructed with internal or hidden bracmg External bracing shall be eliminated whenever practicable. Exposed wire, cable and chain braces are prohibited (112) Glass All glass must be safety or tempered glass, and designed and installed to withstand a wind load of 30 pounds per square foot (123) Durable Matenals All permanent sign faces and supports shall be made of durable matenals Canvas, cloth and similar materials such as flexible vinyl, are not allowed except for canopies, awnmgs and temporary signs other than pedestrian signs. All permanent wood signs must be constructed of durable hardwood products. The wood must be treated against rot and decay, and cannot be constructed of plywood, chipped wood, hardboard, fiber board or similar matenals Sign Support structures shall not be constructed of wood. (134) Maintenance. All signs shall be kept m good repair and free from peeling paint, rust, damaged or rotted supports or framework, broken or missing faces, facing or nussmg letters. Faded or torn canopies, awnings and banners shall be removed or replaced If faded or torn canopies, awnings and banners are not removed or replaced by the owner within 30 days of notification by the city, the city may remove them and assess the cost of removal to the property (143) Maintenance grounds The premises surroundmg all ground signs shall be maintained by the property owner or tenant of the property on which they are located m a safe, clean, and samtary condition free and clear of all rubbish and weeds. (156) Removal and repair. Any structure from which a sign has been moved or removed shall be repaired with a material which matches the existmg background. (16-7) Removal of painted signs. Any structure from which a painted sign is removed shall be repainted, sandblasted or treated m a manner which makes the former sign not visible. (178) Signs not to be traffic hazard No sign shall be installed in a way that obstructs clear vision of persons using the streets or at any location that, because of its position, shape, or color, interferes with, obstructs the view of, or may be confused with any authonzed traffic sign, signal or device. No sign, other than public or project mformational signs, shall be visible from a public street which makes use of the words "Stop," "Look," "Danger," or any other word, phrase, symbol or character which may interfere with, mislead or confuse persons using the public streets. Ordinance No. 2250-03 -8- (189) Pedestrian clearance. Any sign which -projects over a sidewalk or other pedestrianway must be not less than eight feet above ground level. (1920) Sign area and height. The allowable sign area and height are established by table 36-362A m this subsection (f)(20) and adjustments to table 36-362A m subsection (g) of this section according to the parcel size or PUD site size and use district m which the sign is located. r • • Ordinance No. 2250-03 -9- TABLE 36-362A SIGN AREA AND HEIGHT PERMANENT TEMPORARY REAL ESTATE Use Maximum SIGNAGE SIGNAGE SIGNAGE District & Sign Maximum Maximum Maximum Maximum Lot Size Height Total Area Size of Total Area Total Area (sq ft) (feet) (sq ft) Sign Face (sq ft) (sq ft) SIGN AREA AND HEIGHT (sq ft) Maximum Total Area Size of size for Maximum Signs Size for Real Use Size (sq ft) (feet) Maximum Maximum Sign Height Total Area Sign Face (sq ft) (sq ft) (sq ft) Estate Signs (sq f R-1: 6 2 2 6 6 R-2: 6 2 2 6 6 R-3: 0--15,000• 6 2 2 6 6 Over 15,000: 6 25 25 25 60 R-4: 6 25 25 25 80 R -C: 0-20,000 15 40 40 25 80 Over 20,000. 15 80 60 25 80 C-1 0-10,000: 25 100 75 80 80 10,000- 20,000 25 150 100 80 80 Over 20,000 25 200 150 80 80 C-2 0-10,000. 25 100 75 80 80 10,000- 20,000 25 200 100 80 80 20,000- 50,000• 25 250 150 80 80 50,000- 200,000. 25 300 150 80 80 Over 200,000: 25 400 300 80 80 0 0-20,000 25 100 100 80 80 20,000- 50,000 25 200 100 80 80 50,000- 100,000: 25 300 150 80 80 Over 100,000: 25 500 300 80 80 I -P 0-20,000. 25 100 75 80 80 20,000- 50,000. 25 200 100 80 80 Ordinance No. 2250-03 -10- Over 50,000: 25 250 150 80 80 I -G 0-20,000 25 100 75 80 80 20,000- 50,000. 25 200 100 80 80 Over 50,000 25 250 150 80 80 M -X: 15 per approval 150 50 80 (g) Adjustments to table 36-362A. Signs which qualify for any adjustment permitted under this section shall conform to all other sections of this chapter. (1) In an R distract, identification signs may be permitted for religious institutions, libraries, museums, art galleries, schools, golf courses, country clubs, community centers, colleges, universities, hospitals and samtanums in excess of the size allowed m table 36-362A based on the following cntena• a. Size The sign shall be proportional to the size of the facility, need for signage, street frontage, location, visibility, and development in the area. The maximum sign size shall not exceed 20 square feet per sign face on a local street, 40 square feet per sign face on a minor collector street, and 60 square feet per sign face on any other street frontage b Height. No freestandmg sign shall exceed 15 feet high. c Lightmg Signs shall be lighted only by backlighting, mtemal fighting or indirect lighting. d Design The materials and design of signs shall be integrated with the site and buildings on the site by using compatible matenals and consistent design features If freestandmg, the sign shall be placed m a landscaped bed equal m area to twice the size of the combined sign faces e Location A freestandmg sign shall not be less than 25 feet from any property tine f. Sign purpose. The principal purpose of any sign permitted under this section shall be to identify the public or institutional use made of the property (2) For any building not located m an R district which is eight or more stones or 85 or more feet in height, the maximum size for any one sign may be mcreased to 400 square feet, if the sign is located on the wall of the building more than 75 feet above the ground (3) The maximum size for any one real estate sign may be increased to 200 square feet for any building not located m an R district which is six or more stones or 65 or more feet in height, if the sign is located on the wall of the building more than 55 feet above the ground. (4)`, In the C-1, C-2, 0, I -G and I -P distracts, the total area of all wall, canopy and awning signs on a buildmg which meets the following outlined conditions shall not be included m calculating the aggregate sign area on a lot a The building shall be a shopping center or a building containing multiple tenants mcludmg and limited to retail, private entertainment (mdoors), restaurants with liquor, restaurants without liquor, services, food services, pnnting process, banks, studios and showrooms or a smgle-tenant building housing one of the land uses named m this subsection (g)(4)a. if such single -tenant building is located on a single lot with other principal buildings and is part of an approved planned unit development under the provisions of this chapter b The area of all wall, canopy or awning signs permitted by this section shall not exceed seven percent of the wall area of the building If a shoppmg center or multitenant buildmg contains • • • Ordinance No. 2250-03 -11- land uses other than those listed m subsection (g)(4)a. of this section, the amount of wall area which may be used to calculate allowable signage shall be determined by multiplying the total wall area of the building by a percentage equal to the percentage of the gross floor area of the building occupied by the land uses listed in subsection (g)(4)a. of this section c. No mdividual wall, canopy or awning sign shall exceed 150 square feet in area, except m the C-1 district where the maximum area of any individual sign shall not exceed 100 square feet (5) The maximum size of the sign face may be increased by 20 percent for a property which is not located m an R district if the sign is located at least 100 feet from any public right-of-way (6) The sign which identifies a contiguous group of buildings under a smgle ownership within a single complex shall be exempt from the total sign area requirements if the property on which the sign is erected is not located in an R district. The maximum size of the sign face shall be regulated by table 36-362A (h) Special provisions In addition to the general provisions contained m subsection (f) of this section, these special provisions apply to the followmg types of signs: (1) Real estate sign Real estate signs shall be regulated as follows. a A real estate sign which does not exceed ten square feet in area of and ten feet m height is exempt from the required yard restrictions b A real estate sign may only be displayed on the property on which the sign is advertising the sale, lease or rental of c. A real estate sign may only be displayed until the advertised property is sold, leased or rented (2) Pnvate directional signs are regulated as follows: (3) a A private directional sign that does not exceed 4 square feet m sign face area and which 42 inches in height • shall be is exempt from the required yard restrictions, and shall not be mcluded m the maximum total area for permanent signs identified m table 36-362A. b. A pnvate directional sign that exceeds 4 square feet in sign face area, and/or 42 inches m height shall be subject to all permanent sign regulations. c. All private directional signs shall be located on the property, or within an approved planned unit development, on which the busmess receiving the benefit of the pnvate directional sign is located Temporary signs. Temporary signs are regulated as follows: a. With the exception of Pedestrian signs as defined below, temporary signs may be pernutted on a lot for a total of 30 days m any calendar year, b. The total sign area of all temporary signs on a lot, including pedestnan signs, shall not exceed the total permitted m table 36-362A. Ordinance No. 2250-03 -12- c. A temporary sign shall not direct persons to or advertise a product or service not available on the premises where the sign is located. d Temporary signs, other than pedestrian signs, may be constructed of paper, cloth, canvas, wood or any other light and non -durable matenal. e. Pedestrian Signs are temporary signs further regulated as follows. 1. Pedestrian signs may be displayed m the C, 0 and MX districts only 2. No portion of the sign shall project beyond a cube measunng 3 feet wide by 3 feet deep by 4 feet m height. 3. Pedestrian sins may be placed up to the property line, subject to Section 36-76 No portion of the sign shall be placed m, or project into the public nght-of-way, and any such sign shall be located so that it does not obstruct pedestrian or vehicular movement or impede pedestrian or vehicular visibility 4 The sign may be displayed during busmess hours only The sign shall be stored inside a building during non -business hours and durmg severe weather conditions 5 The sign shall not be placed in such a manner that it obstructs the visibility of another property's permanent signage 6 No place of business shall display more than 1 pedestrian sign at any time and the total of all pedestrian and other temporary signs on the property shall not exceed the total allowed m table 36-362A 7 Pedestrian signs that are mamtained in good repair and m accordance with all ordinance provisions may be permitted for up to one calender year The Zomng Adminsitrator may revoke a permit and remove any sign that does not meet the ordmance requirements, or is creatmg a public hazard After one year, a new permit may be applied for. 8. Pedestrian signs may be constructed of wood, metal, non -flexible plastic or any other durable matenal. (4) Decorative banners. Decorative banners are allowed m the R -C, C-2, and 0 and M -X distracts and are regulated as follows: a All decorative banners shall be an integral part of the overall design scheme of a project. A decorative banner shall be deemed to be a part of the mtegral design scheme if the following conditions exist. 1. The decorative banners are compatible with the architectural character of the buildmg m terms of rhythm of openings, horizontal or vertical emphasis, and stylistic features of the buildmg m color, pattern and shape. 2 The decorative banners are considered to be m -harmony and unity with vanous elements within the site and also within the larger context of the area or comdor. 3. The location and placement of the banners provides a harmonious rhythm to the buildmg and site elements. 4. The zoning administrator shall determme whether any banner meets the design cntena set forth by this subsection (h)(4). • • Ordinance No. 2250-03 -13- b. No smgle decorative banner may exceed eight square feet m area. c. Decorative banners shall be securely fastened on the full length of at least two sides of the decorative banner to a structure which was erected for another pnncipal purpose, such as a fight standard d Faded or torn decorative banners shall be removed or replaced. If faded or tom banners are not removed or replaced by the owner within 30 days of notification by the city, the city may remove them and assess the cost of removal to the property. e. No decorative banner may display a commercial message Commercial messages are allowed on other signage in accordance with this section. f Decorative banners shall be exempt from the total allowable sign area for a parcel. The maximum aggregate area for decorative banners shall not exceed 15 percent of the total allowable sign area for a parcel. g The top of a decorative banner may not exceed 15 feet m height from the ground. h No decorative banner may be displayed within any required yard. (5) Political signs. a Political signs are permitted in the front yard. b. No political sign may be placed on the public nght-of-way or any publicly owned property, including boulevard trees and utility poles c No political sign shall have more than two faces The total square footage of sign area on one lot shall not exceed 64 square feet, except that political signs of any size are permitted from August 1 m a state general election year until ten days following the state general election. d. No sign shall be placed which obstructs the vision at an intersection or otherwise constitutes a hazard to public safety e. Signs sponsormg candidates for public office must be removed within ten days after an election has been held unless the candidate is one who qualifies as a candidate to be named on the ballot at a general election after a primary election. In that case, signs erected or placed before the primary election by or for that candidate may be left m place until ten days after the general election. In any election which is not a primary, all political signs shall be removed within ten days after such election. (6) Project information signs. a. Purpose. The purpose of a project mformation sign is to identify a busmess or group of businesses affected by a construction project that is underway on a roadway or m an approved redevelopment district to direct traffic or convey that the busmess or group of businesses is open to the public. Project mformation signs shall not be used for the purpose of advertising products, services or events b Design Project mfonnation signs shall have black letters on a "federal highway orange" background. A project information sign displayed on public property must conform to the Highway Traffic Regulation Act, M.S.A. § 169.97 et seq., for mformational signs and if displayed on pnvate property, may not exceed the area and height requirements of this section for signs on that parcel Ordinance No. 2250-03 -14- (7) c. Placement. The city council shall be responsible for approvmg the general location of project information signs. Such signs may not be permitted on a roof. d. Duration Project mformahon signs will be removed when the city determines that. 1 The business identified discontmues operation; 2 The construction work has been completed; or 3 Access to the business is no longer affected by the construction project. e. Plan development. A plan for the project mformahon signs may be initiated by either the affected businesses or city staff. If developed by city staff, the plan shall be reviewed by the affected businesses pnor to transmitting the plan to the city council for consideration f. Installation The city will be responsible for the fabncahon and installation of project mfonmahon signs installed on public property. The cost of fabncatmg, mstallmg and mamtauung the signs will be paid by the affected busmesses If a project information sign is displayed on pnvate property, it is the responsibility of the property owner to fabricate and install the sign according to the approved signage plan and to pay all costs, mcludmg sign permit fees, incident to the fabncation and placement of the project mfonnahon signs Signs which advertise businesses on freeways and highways. a Application may be made to the city for an mcrease m maximum sign height on a lot having all of the following characteristics: 1. The lot abuts the right-of-way of an mterstate freeway or state highway or abuts a frontage road immediately adjacent to an interstate freeway or state highway. 2 The lot does not have and is not permitted to have directional signage on the interstate freeway or state highway directing the public to the subject lot. 3. The lot has no other option permitted by this chapter to provide the requested square footage of signage visible from 50 percent of, at a plane 3 5 feet above, the portion of the mterstate freeway or highway adjacent to the lot b. To be eligible for an increase m sign height, the second pomt of all cross sectional drawings, as descnbed m subsection (h)(7)b 211 of this section, must be located such that more than 50 percent of the plane above the traveled surface of the mterstate freeway or state highway is obstructed from the first pomt, as descnbed in subsection (h)(7)b.2.i. of this section. An application for mcreased sign height shall be accompamed by the followmg drawings drawn to scale. 1. A site plan showmg the location of the proposed sign, property Imes of the subject property, road alignments of adjacent streets and highways and theiocahons of any cross sectional drawings necessary to analyze the request. 2. Cross sectional drawings necessary to analyze the request showing the entire traveled surface of the freeway or state highway, any retammg walls or fences, any frontage roads, proposed sign location and height and a straight lme (referred to as the "sight line") drawn between two pomts described as follows: 1. The first point situated on a line perpendicular to the earth's surface at the location of the proposed sign passing through the center of the sign face and Ordinance No. 2250-03 -15- (1) 25 feet above the centerline of the nearest adjacent street or the ground level of the base of the proposed sign, whichever results m a higher elevation. 11. The second pomt situated on a plane surface 3.5 feet above and parallel to the traveled surface of the mterstate freeway or state highway, located by projectmg a lme from the first pomt to its intersection with the plane surface so that the resulting pomt of mtersection of the hne with the plane surface (the second pomt) is as close as possible to the first pomt while not passmg through an mtervenmg obstruction that would prevent visibility. c. The zoning administrator may approve an application to mcrease sign height which meets the cntena set forth in this subsection (h)(7)c where the proposed sign plan meets each of the followmg requirements: 1. The sign is no higher than necessary to permit the bottom edge of the sign face to be visible from at least 50 percent of the traveled surface of the interstate or state highway 2. The top of the sign face is no more than 12 feet above the bottom of the sign face. 3. The location of the sign is such that the increase in sign height is minimized. 4 The sign face shall not exceed 150 square feet. 5 The sign hghtmg is either internal or indirect and no hght source is visible beyond the property lines of the lot 6. Illuminated signs located within 400 feet of the structures used for residential purposes shall have its illuminated portion shielded from view of such residential structures Nonconforming signs. (1) General A nonconforming sign shall not be rebuilt, relocated, altered or modified m size or height unless it is made fully conforming with this section. (2) Removal. Except for changing signs or billboards, if a face or message on a nonconforming sign is removed, the entire sign and sign structure must be removed or made to conform with this section. (3) Temporary sign. Temporary and portable signs m existence at the time of passage of the ordinance from which this section is derived which do not conform to this section shall be removed or made to conform within 30 days of the effective date of the ordinance from which this section is denved. (4) Real estate signs Real estate signs m existence as of the date of the ordmance from which this section is denved was adopted which do not conform with the requirements of this section shall be removed or made to conform within 120 days of the effective date of the ordinance from which this section is derived (5) Billboards a. Any billboard m existence as of the date of the ordmance from which this section is denved was adopted may remain m place if it is not increased in sign area or height and is mamtamed in conformance with the general provisions of this chapter. The following are not permitted on billboards. Ordinance No. 2250-03 -16- 1 Flashing signs. 2 Changmg signs, unless they are limited to a display of either time, temperature or stock market indices. b. The maxunum height of a billboard shall be 35 feet, mcludmg extensions, measured as required by subsection (c) of this section. c. Billboards which have been destroyed or damaged must be removed when the cost of repair equals more than 50 percent of the appraised physical value of the structure. (46) All lawful nonconforming signs existing at the time of passage of the ordinance from which this section is denved, except temporary signs, real estate signs and billboards, must be removed or made to conform by January 1, 2000, unless the existing sign was made nonconforming by a provision of this section Those nonconforming signs must be removed or made to conform to this section by January 1, 2005. (1) Forfeiture Any sign installed or placed on public property shall be forfeited to the public and subject to confiscation, unless it conforms to the requirements of this section In addition to other remedies granted to it by this section, the city shall have the right to recover from the owner or person placing the sign the full costs of removal and disposal of the sign m a civil action. Sec. 3. The contents of Planning Case File 03-24-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. Reviewe. for Administration ty Manager Attest: it Clerk Y 03-24-ZA:res-ord Adopted by the City Council September 2, 2003 Mayor A p City Attorney orm and xecution: vo • STATE OF MINNESOTA) SS. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -Sailor , and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Thursday, the 11 day of September , 2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2003; and pnnted 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 publitlon-o notice: • abcdefghpkhnnopgrstu Subscribed and sworn or affi ed before me on this / day of n r. , 2003. Notakv P 1 MERIDEL M HEDBLOM NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 131.2005 BY: CFO ■OANYWNANNANvoivvvvvNANWANAAre RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged • $ 2.85 per line $ 6.20 per line $ 1.40 per line City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO. 2250-03 AN ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-82(b)(4)(5), 36-82(b)(9)b 3, 36-362(c), 36-362(d), 36-362(0, 36-362(0(3), 36-362(0(13), Table 36-362A, 36- 362(g)(4)(5)(7), 36-362(h), and 36.3620)(6)(7) FOR PERMANENT AND TEMPORARY SIGNS This ordinance amends the Ordinance Code relative to cre- ating consistency, clanfying and amending standards for permanent, temporary and canopy/awning signs, sign per- mitting requirements, and approved sign plans This ordinance shall take effect 15 days after publication Adopted by the City Council September 2, 2003 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk (September 11, 2003)A3/Ord 2250-03