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HomeMy WebLinkAbout2008-246 Amending Chapter 84 Sign Ordinance Item 9a. ORDINANCE NO. 246 ORDINANCE AMENDING CHAPTER 84 OF THE CORCORAN CITY CODE RELATING TO SIGN ORDINANCES The Corcoran City Council ordains as follows: Section 1. Section 84 of the Corcoran City Code is hereby amended as follows: CHAPTER 84: SIGNS 84.01 INDEX AND GUIDE 1. Index 84.01 Index and Guide 84.02 Sign Ordinance Purpose 84.03 Exempt Signs 84.04 Temporary Signs 84.05 Sign Standards by Zoning District 84.06 General Provisions 84.07 Permits 84.08 Violations 84.09 Non-Conforming Signs 84.10 Repeal, Severability, and Substitution 84.11 Definitions 2. Guide This Index and Guide section is intended to introduce this Sign Ordinance (the “Ordinance”). The contents of this Section 84.01 Index and Guide are not intended to contain actual regulations and shall not be used in enforcing any elements of Sections 84.02 through 84.11. Section 84.02 Sign Ordinance Purpose addresses the community’s values underlying the sign ordinance and the City’s intentions in adopting this Ordinance. 1 Section 84.03 Exempt Signs identifies signs that are generally exempt from regulation. Signs identified in Section 84.03 do not require a City permit but must comply with the General Provisions in Section 84.06. Section 84.04 Temporary Signs identifies signs which, due to their temporary character, do not require a City permit to be displayed. However, Temporary Signs are subject to the size, duration, and location restrictions under Section 84.04 as well as the General Provisions in Section 84.06. Section 84.05 Sign Standards by Zoning District identifies sign size and type restrictions applicable to the various zoning districts, including the Agricultural, Residential, Business Park, Commercial, and PUD (Planned Unit Development) zones. Signs regulated under the Zoning District standards (other than some Residential or Agricultural signs) require City permits and are also subject to the General Provisions in Section 84.06. Section 84.06 General Provisions contains general regulations that apply to all signs of any size or location. This Section also identifies signs that are prohibited under any circumstances. Section 84.07 Permits sets out the process and requirements for obtaining a City sign permit. Section 84.08 Violations establishes penalties for violations of this Ordinance. Section 84.09 Non-Conforming Signs addresses signs that were legal on the date that this Ordinance or applicable amendments were adopted but would be illegal if erected after that date. This Section addresses the concept of “grandfathered” sign rights and limitations. Section 84.10 Repeal, Severability and Substitution Clause addresses the effect of this Ordinance on prior sign ordinances, the City’s intention that possible legal defects in this Ordinance should not invalidate any other non-defective elements, and the fact that this Ordinance is not intended, nor should it be applied, to unconstitutionally restricted speech. Section 84.11 Definitions identifies words or phrases that are given a specific definition whenever they are used in this Ordinance. Defined words or phrases are capitalized in the text. When useful to aid in interpreting a passage, defined words and phrases are followed by a reference, in parentheses, to the word’s or phrase’s definition subsection in Section 84.11. 2 84.02 SIGN ORDINANCE PURPOSE 1. Findings. The City of Corcoran finds as follows: a. Signs have a substantial impact on the character and quality of the environment. b. Signs provide an important medium through which individuals may convey a variety of messages. c. Signs can create traffic hazards and aesthetic concerns, and be detrimental to property values, thereby threatening the public health, safety and welfare. d. Regulating the physical characteristics of Signs within the City has had a positive impact on traffic safety, property values and the appearance of the community. 2. Purpose and Intent. The purpose and intent of this Ordinance is to: a. Regulate the number, location, size, type, illumination and other physical characteristics of Signs within the City in order to promote the public health, safety and welfare. b. Reasonably protect the appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City’s goals of public safety and welfare. This Ordinance shall not be read to include content-based restrictions. 84.03 EXEMPT SIGNS The following Exempt Signs do not require a City permit. Exempt Signs must comply with Section 84.06 General Provisions but, except as specifically stated in this Section 84.03, are not regulated under this Ordinance. Exempt Signs include: 1. All On-Premises Signs (§84.11, subd. 17), up to six square feet in size and all non-commercial flags up to 15 square feet in size. 3 2. On-Premises Signs identifying farm heritage or agricultural products produced on the premises, not to exceed thirty-two square feet for any individual sign. 3. All Signs of any size containing Non-Commercial Speech posted from August 1 in any general election year until ten (10) days following the general election, and thirteen (13) weeks prior to any special election until ten (10) days following the special election. 4. A Sign created by a simple change of the display surface of a legal Sign. This exemption does not apply to Signs painted directly on a building. 84.04 TEMPORARY SIGNS Temporary Signs (§84.11, subd. 26) do not require a City permit. Temporary Signs are subject to Section 84.06 General Provisions as well as size, location, and duration restrictions under this Section 84.04 and Section 84.05 Sign Standards by Zoning Districts. 1. On-Premises Temporary Signs. a. On-Premises Temporary Signs (§84.11, subds. 17, 26) shall not exceed thirty-two square feet in area. b. With the exception of Exempt Signs under Section 84.03(2), On- Premises Temporary Signs may not be displayed longer than sixty days total during any twelve month period. 2. Off-Premises Temporary Signs. a. Off-Premises Temporary Signs (§84.11, subds. 16, 26) shall not exceed twelve square feet in area. b. Off-Premises Temporary Signs may be located on a property for continuous periods not to exceed thirty days. No more than one Off- Premises Temporary Sign may be located on a property. No property shall display an Off-Premises Temporary Sign more than a cumulative total of 120 days during any twelve month period. 4 3. Balloons and Banners. a. Any Balloon or Banner (§84.11, subds. 3, 4) may be located on a property for a period not to exceed thirty days. No more than two such Signs will be allowed on a property at a time. b. No property shall be allowed to display Banners or Balloons for more than a cumulative total of 120 days in any twelve month period. 84.05 SIGN STANDARDS BY ZONING DISTRICT 1. Formula for Calculating Sign Size. The formula for calculating the allowable total size of all Signs on a parcel under Subdivisions 3, 4 and 5 is to multiply the parcel’s lineal feet of Frontage (§84.11, subd. 8) by the number indicated under the applicable table column “Total Signage.” Parcels having less than forty lineal feet of Frontage are allowed a maximun of fifty square feet of total signage. No alley or side street dimensions are permitted in the calculation of sign size, although signs may be placed on the sides or rear of buildings. 2. Agricultural, Residential and Public-Institutional Districts a. The following signs are allowed in the Agricultural (A), Rural Residential (RR), Residential (R-1, R-2, MF-1), Manufactured Home Park (MP) and Public-Institutional (PI) zoning districts: i. Exempt Signs. ii. On-Premises Temporary Signs. iii. By Permit, one Wall Sign (§84.11, subd. 27) or Monument Sign (§84.11, subd. 15), not to exceed thirty-two square feet, per building in the Public-Institutional zoning district. Each building utilizing a Wall or Monument Sign must be used for a function primarily distinct from any other buildings utilizing a Wall or Monument Sign on the parcel. 5 iv. By Permit, up to two Monument Signs per platted subdivision or per manufactured home park, with not more than one Monument Sign located at any roadway intersection and the display area of each Monument Sign not to exceed thirty-two square feet. 3. Business Park Districts a. The following signs are allowed in the Business Park zoning districts: i. Exempt Signs. ii. On-Premises and Off-Premises Temporary Signs. iii. By Permit, up to two Wall (§84.11, subd. 27) or Canopy Signs (§84.11, subd. 5) per parcel. iv. By Permit, one Monument Sign (§84.11, subd. 15) per parcel. b. Externally illuminated Signs must use downward focused lighting. Illuminated Signs may be lighted only during periods when business owners or occupants are present and conducting business on the property. c. Table of allowed Sign Area: Maximum Maximum Maximum Maximum Maximum Total Sign Area: Sign Area: Sign Area: Sign Height: Sign Height: Signage Wall or Freestanding Monument Freestanding Monument Canopy Sign Sign Sign Sign Sign 2 sq. ft. per 15% of bldg. Not Not 75 sq. ft. 8 feet lineal foot of Facade upon Allowed Allowed Frontage which it is (max 200 ft.) located 6 4. Commercial Districts a. The following signs are allowed in the Commercial zoning districts (CR, TCR, C-1, C-2). i. Exempt Signs. ii. On-Premises and Off-Premises Temporary Signs. iii. By Permit, up to two Wall (§84.11, subd. 27) or Canopy Signs (§84.11, subd. 5) per parcel. iv. By Permit, either one Freestanding Sign (§84.11, subd. 7) or one Monument Sign (§84.11, subd. 15) per parcel. b. Projecting Signs (§84.11, subd. 19), including Canopy Signs, shall not project more than six feet from a building and must not be more than eight (8) square feet in area. c. Lettering on awning Signs is restricted to the side panels or the front drop. d. The following are prohibited signs within the Commercial districts: i. Internally Illuminated Signs (§84.11, subd. 13). ii. Roof Signs (§84.11, subd. 20) extending above the peak of the roof. iii. Neon signs. e. Table of allowed Sign Area: Total Maximum Maximum Maximum Maximum Maximum Sign Area: Sign Area: Sign Area: Sign Height: Sign Height: Signage Wall or Freestanding Monument Freestanding Monument Canopy Sign Sign Sign Sign Sign 1.25 sq. ft. 10 % of 10 sq. ft. 25 sq. ft. 10 ft. 6 feet per lineal building foot of Facade upon Frontage which it is (max 125 ft.) located 7 5. PUD Districts a. The following signs are allowed in the PUD zoning districts. i. Exempt Signs. ii. On-Premises and Off-Premises Temporary Signs. iii. By Permit, up to two Wall (§84.11, subd. 27) or Canopy Signs (§84.11, subd. 5) per parcel. iv. By Permit, either one Freestanding Sign (§84.11, subd. 7) or one Monument Sign (§84.11, subd. 15) per parcel. v. By Permit, such other signs as may be approved by the City, consistent with the character of the PUD district. b. Projecting Signs (§84.11, subd. 19), including Canopy Signs, shall not project more than six feet from a building and must not be more than eight (8) square feet in area. c. Lettering on awning Signs is restricted to the side panels or the front drop. d. The following are prohibited signs within the PUD districts: i. Internally Illuminated Signs (§84.11, subd. 13). ii. Roof Signs (§84.11, subd. 20) extending above the peak of the roof. e. Table of allowed Sign Area: Total Maximum Maximum Maximum Maximum Maximum Sign Area: Sign Area: Sign Area: Sign Height: Sign Height: Signage Wall or Freestanding Monument Freestanding Monument Canopy Sign Sign Sign Sign Sign 8 1.25 sq. ft. 10 % of 10 sq. ft. 25 sq. ft. 10 ft. 6 feet per lineal building foot of Facade upon Frontage which it is (max 125 ft.) located 84.06 GENERAL PROVISIONS 1. Capitalized Words or Phrases. Words or phrases that are capitalized in the text of this Ordinance and that appear in Section 84.11 Definitions shall have the meaning ascribed to them in Section 84.11. 2. Conformance to Codes. All signs shall conform to the provisions of this Ordinance and the provisions of any other applicable ordinance or regulations within the City of Corcoran. 3. Sign Maintenance. All Signs shall be maintained in good repair and a safe condition. 4. Obstructions. No Sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit-ways, window or door openings used as a means of egress, or to prevent free access to or passage from one part of a roof to another. No Sign shall in any manner interfere with any opening required for ventilation. No Sign shall obstruct any drainage ways. No Sign shall interfere with access of fire or public safety personnel on any property. 5. Designation of Ownership. Every Freestanding Sign requiring a Permit shall be plainly marked with the Sign owner’s name, address, and permit number. 6. Lighting. Except where prohibited or limited in this Ordinance, Signs may be illuminated by artificial light sources. All Sign lighting must be controlled manually or by a timer. Only On-Premises Signs may be lighted and Signs may not be lighted when a business is closed to the public. Signs shall not be erected or maintained to cause: a. beams or rays of light directed at any portion of the traveled way of any street or highway; 9 b. beams of such intensity or brilliance as to cause glare, or impair the vision of the operator of any motor vehicle, or be confused with vehicle lights; or c. beams or rays of light that cause negative impacts on adjacent properties. 7. Sign Setbacks. All Signs shall be set back not less than 10 feet from lot lines unless the sign is part of or attached to a structure, in which case the structure is subject to the setbacks set forth in the Zoning Ordinance. Signs encroaching upon or overhanging public right-of-way or public easements are prohibited. 8. Resemblance to Government Signs. No Sign, other than Signs erected by governmental bodies, may imitate a Government Sign or display traffic or public safety words such as "stop" or "danger", except that such signs may be used in privately-owned traffic areas where first approved by the City Engineer. 9. Home Occupations. No person with a home occupation as defined in Section 1030.100 of the Zoning Ordinance shall be permitted to erect a Sign advertising the home occupation, except as otherwise permitted by the City as part of a conditional home occupation license. 10. Traffic Hazards. No Sign shall be erected in such a manner as to obstruct free and clear motorist vision, nor at any location where by its position, shape, or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal, or device. 11. Utility Poles and Public Structures. No Sign shall be attached to any utility pole, light standard, tree or any other public structure located within the public right-of-way. 12. Flashing Signs. No Sign visible from a public roadway shall flash or be animated by lighting in any fashion that would cause such Sign to have the appearance of a traffic safety sign, traffic control light, or government vehicle warning. 13. Prohibited Signs. The following Signs are prohibited: 10 a. Off-Premises Permanent Signs (§§84.11, subds.16, 18) and any Sign that violates any provision of State law relative to Off-Premises Signs, as may be further defined by State law. b. Animated Signs (§84.11, subd. 2). c. Signs that are structurally unsafe or in disrepair or which create a hazard by their condition, location or lighting. d. Permanent Signs (§84.11, subd. 18) attached or added to any underlying Sign subject to a Permit unless included in the underlying Sign application and Permit. e. Signs erected, painted or drawn upon sidewalks, rocks, trees or other natural features. f. Any Sign, unless allowed by Permit, attached to or placed on a vehicle or trailer parked on public or private property where the primary use of vehicle or trailer is to display the Sign. g. Any Sign that is obscene, as defined by MN Statute 617.241, Subd. 1(a). h. Any Sign that emits an audible sound, odor, or visible matter. i. Signs that unreasonably obstruct the free and clear vision of an adjoining property owner. 84.07 PERMITS 1. Application. All persons seeking to erect and maintain a Sign other than an Exempt or Temporary Sign, or seeking to modify the size, shape or location of an existing sign, shall obtain a Permit. The applicant shall submit an application on a form furnished for that purpose by the City’s Code Enforcement Official. Every such application shall: a. Identify and describe the Sign completely, including size, height, location, materials, true colors and lighting to be used. Intensity of lighting shall be indicated. 11 b. Describe the land on which the proposed Sign is to be placed by lot, block, tract, street address or similar description that will readily identify and locate the proposed Sign. c. Include a photograph of the site where the Sign will be located. d. Include a site plan with dimensions and specifications sufficient to determine consistency with this and other applicable laws and ordinances. e. Be signed by the applicant or authorized agent. f. Provide such other information as may reasonably be required by the Code Enforcement Official. g. Be accompanied by a fee, if applicable, as established by the City Council. 2. Sign Permits. The application shall be reviewed by the City for compliance with this Chapter and any other applicable ordinances. A Sign Permit or a written statement of denial, including the basis for such denial, shall be issued by the Code Enforcement Official within thirty days following receipt of a completed application. 3. Expiration of Permit. Every permit issued by the Code Enforcement Official under the provisions of this ordinance shall become null and void if the Sign or work authorized by such permit is not completed within 120 days following the date the permit is issued. 4. Right to appeal. Any applicant who is denied a Permit shall have the right to appeal the denial before the City Council. Appeals must be submitted in writing within ten days following the date of the denial notice and the City Council shall hear the appeal within 30 days following the City’s receipt of the written appeal. 84.08 VIOLATIONS 1. Any Sign constructed or maintained in the City in violation of this Ordinance shall be removed by and at the expense of the owner of the sign. The Code Enforcement Official may order and cause the immediate 12 removal of any such Sign if the owner does not remove or repair the Sign within ten working days of receiving written notice of non-compliance. 2. In the event that the Code Enforcement Official is required to order the removal of any Sign in violation of this ordinance, all costs associated with the removal of such Sign, including reasonable attorney’s fees, shall be the responsibility of the Sign owner. 3. Any person, firm or corporation who violates any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction may be sentenced in accordance with Minn. Stat. §609.03, as amended. 84.09 LEGAL NON-CONFORMING SIGNS. 1. It is recognized that Legal Non-conforming Signs (§84.11, subd. 14) exist within the City. It is the intent of this Ordinance that no Legal Non- conforming Sign shall be enlarged, expanded or used as grounds for creating other Signs or prohibited uses. Legal Non-conforming Signs may be maintained following adoption of this ordinance subject to the following provisions: a. No Legal Non-conforming Sign shall be enlarged or altered in a way that increases its nonconformity. b. All Legal Non-conforming Signs must be maintained in good repair and safe condition. b. If the use of the Legal Non-conforming Sign is discontinued for a period of thirty days, other than due to damage under subsection c. below, the Legal Non-conforming Sign shall be deemed unlawful and shall not be reconstructed or used except as a lawful Sign in conformity with this Ordinance. c. In the event a Legal Non-conforming Sign is damaged or destroyed by any means to an extent greater than fifty percent of its market value, and all required permits for its reconstruction have not been applied for within thirty days following the date of damage, the Legal Non-conforming Sign shall be deemed unlawful and shall not be reconstructed or used except as a lawful Sign in conformity with this Ordinance. 13 d. A Legal Non-conforming Sign shall not be relocated any distance. e. Any Legal Non-conforming Sign attached to a legal non-conforming building shall, upon the building’s loss or removal of legal non- conforming status, be deemed an unlawful Sign. 84.10 REPEAL, SEVERABILITY, AND SUBSTITUTION CLAUSE. 1. All prior ordinances pertaining to the subjects treated in this Ordinance shall be deemed repealed from and after the effective date of this Ordinance, except as they are included and re-ordained in whole or in part in this Ordinance. This repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance. 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or enforcement of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. 3. The owner of any Sign that is allowed by this Ordinance may substitute Non-Commercial Speech in lieu of any other speech on the Sign. This substitution of copy may be made without any additional Permit. 84.11 DEFINITIONS 1. Address Sign - A sign communicating the street address or the name of the occupant of a property and which does not contain additional information nor exceed six square feet in area. 2. Animated Sign - A sign employing actual or illusory motion, whether powered by natural environmental input, electric motors, or other mechanically induced means. Flashing signs primarily giving time, date, 14 temperature, weather conditions, or similar public information are not Animated Signs. 3. Balloon – A flexible, non-porous, inflated bag that rises in the atmosphere. 4. Banner – Any sign consisting of a flexible substrate on which a message or graphics may be displayed. 5. Canopy - A multi-sided overhead structure supported by attachment to a building and either cantilevered from such building or also supported by columns, or a multi-sided overhead structure supported by columns but not enclosed by walls. Marquees and awnings are considered to be canopies. 6. Facade - The face of a building from the lowest exposed point to the roof. 7. Freestanding Sign - A sign principally supported by a structure affixed to the ground and not supported by a building. 8. Frontage - The dimension in feet of the parcel upon the street of the parcel’s mailing address. 9. Government Sign - A sign erected by a government body. Signs approved by the City and erected by civic organizations on City property shall be considered Government Signs. 11. Height, Maximum Sign- The vertical distance measured from the average natural grade of the ground within one (1) foot of the perimeter of the base of the sign, to the top of the sign. 12. Height, Minimum Sign - The vertical distance measured from the average natural grade of the ground within one (1) foot of the perimeter of the base of the sign, to the bottom of the sign. 13. Internally Illuminated Sign - A sign characterized by the use of artificial light projecting outward through its surface. 14. Legal Non-conforming Sign – Any Sign which was a legal Sign prior to the adoption of this Sign Ordinance but which would be unlawful if erected after the adoption of this Ordinance. 15 15. Monument Sign- A Freestanding Sign in which the entire base is of a permanent material in contact with the ground and is not constructed on legs, posts, columns or the like. 16. Off-Premises Sign - A sign advertising products, goods, services, or places of business or services offered at a location other than the lot upon which the sign is maintained. 17. On-Premises Sign – A sign (i) displaying any lawful communication of an owner or occupant of the property on which it is located, or (ii) displaying messages pertinent to the use of, products sold on, or the sale or lease of the property on which it is located. 18. Permanent Sign - Any sign that is not Temporary. Banners and pennants shall not be considered permanent signs. 19. Projecting Sign - A sign attached to a building or extending in whole or part more than eighteen (18) inches and less than six feet beyond the surface of the building to which the sign is attached. 20. Roof Sign - A sign mounted on and supported by the main roof portion of a building, or above the uppermost edge of a parapet wall of a building, and is wholly or partially supported by such building. Signs mounted on mansard roof surfaces and architectural projections such as canopies or marquees shall not be considered to be roof signs. 21. Security Sign - A sign identifying the presence of a security system. 22. Sign - Any device visible from a public right-of-way that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Any structure supporting a Sign is deemed a part and included in the regulation of a Sign. 23. Sign Area - The area of the board(s) or module(s) containing the sign message, but not including the supporting structure. The area to be calculated is the area within the smallest rectilinear perimeter that contains the entire signboard or module. The area of a sphere shall be computed as the area of a circle. 16 24. Speech – Commercial – Commercial speech includes any speech for the purpose of trade or to induce the sale of any goods or services. It is expression related solely to the economic interests of the speaker and its audience. 25. Speech – Noncommercial – Noncommercial speech is all expression that does not fall within the definition of Commercial Speech. 26. Temporary Sign - A sign of a transitory or temporary nature displaying either commercial or non-commercial messages. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered Temporary Signs. 27. Wall Sign - A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building Facade or to the face or faces of the architectural projection to which it is affixed. Window Signs are considered Wall signs for purposes of Sign Area calculation. 28. Window Sign - A sign attached to, placed upon, or painted on a window or door of a building, or located within one foot of the interior of a window, and intended for viewing from the exterior of such building. Section 2. Effective Date of Ordinance. This Ordinance shall have full force and effect upon its passage and publication. Passed by the Council of the City of Corcoran, Hennepin County, Minnesota, this day of , 2008. Mayor ATTEST: Clerk 17