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HomeMy WebLinkAbout2015-306 Amending Chapter 84 Sign OrdinanceCity of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2015 -306 Motion By: LaFave Seconded By: Thomas July 23, 2015 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 84 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN SIGN ORDINANCE THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of Chapter 84 (Sign Ordinance) of the Corcoran City Code is hereby repealed in its entirety and replaced with the following: SEE ATTACHMENT A SECTION 2. Effective Date. This ordinance shall be in full force and effect upon its passage. VOTING AYE ❑ Guenthner, Ken ❑ Hank, Pat ® Keefe, Mike ❑ LaFave, Tonya ® Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Thomas, Ron Whereupon, said Ordinance is hereby declared adopted on this 23rd day of July 2015. Kenneth Guenthner - Mayor ATTEST: J ssica Beise — City Clerk/Administrative Services Coordinator Page 1 of 1 City Seal CHAPTER 84: SIGNS TABLE OF CONTENTS CHAPTER 84: SIGNS ............................................................. ............................... 84.01 PURPOSE, FINDINGS AND INTENT ........................ ............................... 84.02 DEFINITIONS ............................................................... ............................... 84.03 SIGN MEASUREMENT AND INTERPRETATION .. ............................... 84.04 GENERAL PROVISIONS ............................................ ............................... 84.05 SIGN STANDARDS ..................................................... ............................... 84.06 TEMPORARY SIGNS .................................................. ............................... 84.07 EXEMPT SIGNS ........................................................... ............................... 84.08 PROHIBITED SIGNS ................................................... ............................... 84.09 NON - CONFORMING SIGNS ...................................... ............................... 84.10 PERMITS ....................................................................... ............................... 84.11 VARIANCES ................................................................. ............................... 84.12 REPEAL ........................................................................ ............................... 84.13 SEVERABILITY ........................................................... ............................... 84.14 NONCOMMERCIAL SIGNS; SUBSTITUTION OF MESSAGES ........... 84.15 VIOLATIONS, ENFORCEMENT, PENALTY ............ ............................... 84.01 PURPOSE, FINDINGS AND INTENT. .................... 1 .................... 1 .................... 2 .................... 9 .................. 10 .................. 13 .................. 17 .................. 17 .................. 19 .................. 20 .................. 20 .................. 21 .................. 21 .................. 22 .................. 22 ................. 22 The purpose of this ordinance is promote the health, safety, welfare, orderly development, livability, rural character and economy of Corcoran. The intent of the sign ordinance is to establish a comprehensive system of sign control that achieves balance among the following goals: 1. 2. 3. 4. 5. To encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Corcoran. To provide for adequate way- finding in the community, thus reducing traffic congestion. To provide adequate means of business identification, advertising and communication. To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well -being of the city. To protect the safety and welfare of the public by minimizing hazards to vehicles and pedestrians. July 23, 2015 1 6. To preserve property values by preventing unsightly and chaotic signage that has a blighting influence on the city. 7. To differentiate among those signs that, because of their location, lighting, movement or other characteristics may distract drivers on public streets and those that may provide information in a safer manner. 8. To minimize the possible adverse effects of signs on nearby public and private property. 9. To implement the goals of the Comprehensive Plan. 10. To protect the constitutional rights of our citizens. 84.02 DEFINITIONS. Abandoned Sign - Any sign structure that has ceased to be used for the display of sign copy, or any sign regarding a business or activity on the site of the sign where such business or activity has ceased to be conducted for a period of more than 6 consecutive months. Address Sign - A sign communicating the street address and/or the name of the occupant of a property. Alteration - A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration. Architectural Projection - Any projection from a building that is decorative and/or functional and not intended for occupancy, and that extends beyond the face of an exterior wall of a building but that does not include signs as defined herein. Awning Sign - A sign displayed on or attached flat against the surface or surfaces of an awning. Awning signs must meet the same sign area standards as wall and canopy signs. Balloon — A flexible, non - porous bag inflated with either air or helium r' that causes it to rise and float in the atmosphere. Banner - A flexible substrate on which copy or graphics may be displayed. Pennants are considered banners. Billboard - See Off Premise Sign. Building Elevation - The entire side of a building, from average ground level to the roofline, as viewed perpendicular to the walls on that side of the building. July 23, 2015 2 Building Facade - That portion of any exterior elevation of a building extending vertically from grade to the top of a parapet wall or eaves and horizontally across the entire width of the building elevation. Canopy or awning - A multi -sided overhead structure supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. Canopy (freestanding) - A multi -sided overhead structure supported by columns, but not enclosed by walls. Canopy Sign - A sign affixed to the visible surface(s) of an attached or freestanding canopy. Candela per square meter (cd /mz) — The SI (metric) unit used to describe the luminance of a light source or of an illuminated surface that reflects light. Also referred to as Nits. Changeable Sign - A sign with the capability of content change by means of manual or remote input, including signs that are manually or electrically activated. 1) Manually Activated - Changeable sign whose message copy or content can be changed manually on a display surface. Not illuminated. 2) Electrically Activated - Changeable sign whose message copy or content can be changed by means of remote electrically energized on -off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light- emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also: Dynamic Display. Channel Letter (open faced) — A dimensional letter with a back and sides but no face at the front of the letter. Open Faced Channel Letters may be non -lit, externally illuminated, or illuminated by a light source contained inside the open channel of the letter itself, such as a neon tube. Channel Letter (internally illuminated) — A dimensional letter with a back, sides and a translucent front face capable of transmitting light from an internal light source within the letter. Channel Letter (reverse) — A dimensional letter with a face and sides but no back, opposite to an Open Faced Channel Letter. A Reverse Channel Letter has an open channel facing the wall or building to which it is affixed. A Reverse Channel Letter may contain a source of illumination designed to project lighting against the surface behind the letter, commonly referred to as a Backlit Channel Letter; also referenced as a halo or silhouette lighted channel letter. The face of a Reverse Channel Letter does not illuminate. July 23, 2015 3 Code Compliance Official - The city official or employee responsible for implementing and enforcing the applicable codes and standards of the city. Commercial Sign — any sign which advertises or identifies a product, business, service, event, or any other matter of a commercial nature. Community Event - A noncommercial event established primarily for the benefit and service of the population of the community in which it is located. Copy — The graphic elements comprising the content of a sign, excluding numerals identifying street address only. Directional Sign - Any sign that is designed for the purpose of providing direction for pedestrian or vehicular traffic. Directory Sign - A wall sign that identifies individual tenants within a development that do not have their own exclusive exterior entrance. Double -Faced Sign - A sign with two identical faces that is designed so only one face can be viewed at one time. Only one side of a double face or V -type sign structure shall be used in computing total surface area, provided the maximum angle between faces of double -faced or V -type signs is 45 degrees. Dynamic Display —An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed. Event Sign - A temporary sign used exclusively to advertise community events. Exterior Sign - Any sign placed upon the exterior of a building. Externally Illuminated Sign - A sign characterized by the use of artificial light reflecting off its surface. Facade - The face of a building from the lowest exposed point to the roof. Freestanding Sign - A sign principally supported by a structure affixed to the ground and not supported by a building. Pylon and monument signs are types of freestanding signs. Table 2 identifies types of permitted freestanding signs. Frontage (Property) - The dimension in feet of the parcel upon the street of business mailing address. Frontage (Building) - The length of the exterior building wall or structure oriented toward the frontage road. July 23, 2015 4 Holiday Sign - A sign or display that contains or depicts a message pertaining to a national, state, local or religious holiday. Integral Sign - A sign carrying the name of a building, its date of erection and incidental information about its construction, and made an integral part of the structure. Interior Sign - Any sign placed within a building, but not including window signs. (Interior Signs are not regulated by this ordinance). Illuminance — The amount of light falling upon a real or imaginary surface, commonly called "light level" or "illumination ". Measured in foot - candles (lumens /square foot) in the English system and lux (lumens /square meter) in the SI (metric) system. Illuminated Sign - A sign characterized by the use of artificial light, either projecting through its surface(s) (internally or trans- illuminated); or reflecting off its surface(s) (externally illuminated). Internally Illuminated Sign - A sign characterized by the use of artificial light projecting outward through its surface. Logo Signs - Any brand name, trademark, logo, distinctive symbol or other similar device or thing used to identify a particular business, institution or activity. Luminance — The light that is emitted by or reflected from a surface. Measured in units of luminous intensity (candelas) per unit area (square meters in SI measurement units or square feet in English measurement units.) Expressed in SI units as cd /m2, and in English units as foot lamberts. Sometimes also expressed as "nits ", a colloquial reference to SI units. Can be measured by means of a luminance meter. Lux — The SI (metric) unit for illuminance. One lux equals 0.093 foot - candles. Mansard - An inclined decorative roof -like projection that is attached to an exterior building facade. Memorial Sign - A sign attached to a building noting its natural, historic, community or architectural significance. Menu Board - A freestanding menu sign oriented to the drive- through lane for a restaurant July 23, 2015 5 Monument Sign- A freestanding sign which is architecturally designed and located directly at grade where the base width dimension is 75% or more of the greatest width of the sign. Monument signs are not supported by exposed posts or poles. Mullion - A vertical strip separating windowpanes. x Mural - A picture rather than words, numbers or symbols, applied to a wall. Natural Grade - The grade of a site before it is modified by moving earth, adding or removing fill, or installing a berm, retaining wall or other earthwork feature. Nit - A photometric unit of measurement referring to luminance. One nit is equal to 1 cd/m2. Non - Conforming Sign - A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign. Non - Commercial Sign — any sign which is not a commercial sign which expresses an opinion and which is deemed by the courts to have greater protection under the first amendment than a commercial sign. Obsolete Sign — On- premise sign that no longer advertises or identifies a use conducted on the property on which the sign is erected. Off - Premise Signs - 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. On- Premise Sign - A sign used for the purpose of displaying messages pertinent to the use of, products sold on, or the sale or lease of, the property on which it is displayed. Parapet - The extension of a building facade above the line of the top of the structural roof assembly. Pennant - See Banner. Permanent Sign - Any sign that is not temporary. Banners and pennants shall not be considered permanent signs. Pole Sign - See Freestanding Sign. Political Sign - A temporary sign intended to influence voting at a primary, general or other election. July 23, 2015 6 Portable Sign — A sign whose principal supporting structure is intended, by design and construction, to be used by resting upon the ground for support and may be easily moved or relocated for reuse. Portable signs ---- -------- . - -__ shall include but are not limited to signs mounted upon a trailer, bench, wheeled carrier, or other non - motorized mobile structure - - with or without wheels. 4_ r Primary Building Face - The wall of a building facade fronting j on a street or right -of -way, excluding any appurtenances such as - -- projecting fins, columns, pilasters, canopies, marquees, showcases, or decorations. There is only one primary building face per tenant. Projecting Sign - A sign attached to a building or extending in whole or part more than 18 inches and less than 6 feet beyond the surface of the building to which the sign is attached. Pylon Sign — A freestanding sign supported by 2 posts so that the sign and supports are finished to grade by encasing the posts in a material consistent with the sign and where the cumulative width dimension of the supporting posts is not less than 60% of the total width of the sign face. Real Estate Sign - A temporary sign advertising the open house, sale, lease, or rental of the property or premises upon which it is located. Rotating Sign - Any sign that revolves. Roof Line - The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet. rpn SW SIGN sII"ram SIIG1t SEEN S1f N SI;' N MGN SVGN 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 which is wholly or partially supported by such building. Signs mounted on mansard facades and architectural projections such as canopies shall not be considered to be roof signs. Sandwich Board or A -Frame — A double -faced sign ordinarily in the shape of the letter "A," or some variation thereof, that is displayed on the ground, not permanently attached, and usually two - sided and not more than 6 square feet. Scroll — A mode of message transition on an Electronic Message Sign in which the message appears to move vertically across the display surface. Security Sign - A sign identifying the presence of a security system. July 23, 2015 7 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. SI (International System of Units) — The modern metric system of measurement; abbreviated SI for the French term "Le Systeme International d'Unites." Temporary Sign - A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. 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. Tenant Space - For the purpose of this Section, a tenant space is considered to be a business area that has its own exclusive interior or exterior entrance within a multiple- occupancy development. Wall or Fascia Sign - A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 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 Sign - A sign attached to, placed upon, or painted on a window or door of a building, or located within 1 -foot of the interior of a window, that is intended for viewing from the exterior of such building. Zoning Ordinance -City of Corcoran or related or succeeding ordinances. July 23, 2015 8 84.03 SIGN MEASUREMENT AND INTERPRETATION. Signs shall be measured according to the following standards: Sign Copy. The physical sign message including any words, letters, numbers, pictures, and symbols. Sign Area. The area of the board(s) or module(s) containing the sign a c message, but not including the supporting structure. The area to be b calculated is the area within the smallest rectilinear perimeter that contains d the ent ire signboard or module. The area of a sphere shall be computed L�" as the area of a circle. Area =(a x b) - (c x d) Sign Face. The surface upon, against or through which the sign copy is j displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Sign Height. Sign height shall be calculated >a' as the vertical distance from the natural grade measured at a point either at the back of the curb level or 10 feet away from the front center e�em of the sign, whichever is closer, to the upper- most point used in measuring the area of a sign. �y _ I �`I vmmamiavm July 23, 2015 84.04 GENERAL PROVISIONS. 1. Conformance to Codes. All signs shall conform to the provisions of this ordinance and the provisions of the Building Code and of any other applicable ordinance or regulations within the City of Corcoran. Location a) Setbacks. All signs shall be set back 10 feet from the property lines. b) Projections Over Public Ways. Except as provided for elsewhere in this ordinance, private signs may not encroach or overhang the public right -of -way and no sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right -of -way except: 1) Signs advertising a community event may be permitted in the public rights - of -way, subject to approval by the Code Compliance Official as to the size, location and method of erection. The Code Compliance Official may not approve any special event signage that would impair the safety and convenience of use of public rights -of -way, or obstruct traffic visibility. b) 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 passage from one part of a roof to another part thereof or access thereto. In addition, no sign shall be attached in any form, shape or manner that will interfere with any opening required for ventilation. No sign shall obstruct any drainage ways. No sign shall be placed so as to interfere with access of Fire Department personnel on the property. c) Traffic Visibility. No sign or sign structure shall be erected in a site visibility triangle, as defined by Section 1060.090, Subd. 2, in such a manner as to obstruct free and clear 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. Signs over County or State Highways are not permitted. d) Signs may not be erected, painted or drawn upon sidewalks, rocks, trees or natural features. 3. Maintenance, Repair and Removal. a) It shall be the duty of the owner of any sign to maintain the sign in good repair. The City may order special repair to be made in order that the appearance and safety of the sign may be maintained. b) No matter shall be permitted to hang loose from any sign. It shall be the duty of every July 23, 2015 10 person maintaining a sign to keep and preserve the lot or parcel of land on which such sign is erected at all times clean, inoffensive, and free and clear of any garbage, refuse weeds, rubbish, paper or other offensive material of any kind and description, which may be deposited or gathered thereon and to keep the same removed at all times for a space equal to 20 feet from any portion of such sign. 4. Obsolete Sign Copy. An abandoned sign as defined in section 84.02 (Definitions) or a sign that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the Code Compliance Official; and upon failure to comply with such notice, the Code Compliance Official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure, or ground on which the sign is located. If the owner of the sign does not remit payment for such removal within 60 days after removal of signs, the City may take whatever actions are allowed by law to collect such amount, including imposing a lien on the property upon which the sign is located. 5. Resemblance to Government Signs. No sign erected by a non - governmental person may imitate any sign erected by a government agency, or display such words as "stop" or "danger" except that such signs may be used in shopping centers or other traffic areas where first approved by the City Engineer. 6. Public Nuisance. Any sign which is obscene, as defined by MN Statute 617.241, Subd. 1(a) shall be considered a nuisance and is prohibited. Any sign which emits an audible sound, odor, or visible matter shall be considered a public nuisance and is prohibited. 7. Dynamic Displays. Dynamic displays as permitted by section 84.05 (Sign Standards) are subject to the following conditions: a. Only one dynamic display sign shall be allowed per lot b. Dynamic displays are allowed only on freestanding signs. Dynamic displays may occupy no more than 40% of the actual sign area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous electronic message sign area is allowed on a sign face. C. A dynamic display sign may not change or move more often than once every 12 seconds except one for which changes are necessary to correct hour and minute, date, or temperature information. d. The images and messages displayed and transitioned must be instantaneous or fading. Modes of display which cause the message to flash or blink are prohibited. July 23, 2015 11 e. Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. f. Electronic message signs must comply with the lighting and brightness standards contained in this section. 8. Lighting and Brightness Standards. In addition to the lighting standards set forth in Section 1060.040 of the Zoning Code, all sign lighting, including LED accent lighting, shall comply with the following standards: a) Except where otherwise stated in this ordinance, signs may be illuminated by artificial light sources on timers and shall be equipped with dimmers. b) No sign may be brighter than is necessary for clear and adequate visibility. c) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. d) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. e) Signs using an LED (light emitting diode) light source shall not exceed a luminance level of 500 candela per square meter (nits) between sunset and sunrise, and shall not exceed a luminance level of 5,000 candela per square meter between sunrise and sunset. f) Signs using fluorescent, neon, or incandescent light sources shall not exceed 12 watts per square foot of sign surface area. g) All signs with illumination shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions (e.g., dusk) to ensure that the sign's intensity does not exceed 0.3 foot -candle above ambient light levels as measured from 100 feet from the sign's face. h) No illumination involving movement by reason of the lighting arrangement, lighting source, changes in either color or intensity of lighting or other devices shall be permitted. 9. Design standards. In addition to the standards set forth in Section 84.05 (Sign Standards), all signs shall comply with the following design standards: July 23, 2015 12 a) All proposed signs on a site shall be part of a common design scheme and shall maintain consistency through the use of lighting design, color schemes, materials, shape, proportion, and type faces. b) The design of all signs on site shall use building materials, colors, and, where applicable, architectural design features consistent with the materials, colors, and architectural design features of the principal building on the site. c) All exposed pole or post structures must be wrapped or faced with stucco, architectural metal, brick or stone consistent with the building architecture. d) The area around freestanding signs shall be landscaped with plantings and maintained in such a manner to accent and enhance the sign. 84.05 SIGN STANDARDS. 1. Sign Standards. In addition to Section 84.04 (General Provisions), signs shall comply with the standards for permitted sign types in each district as shown in Table 2 and Table 3. 2. Planned Unit Developments. All developments must comply with standards for the underlying zoning district. PUD sign plans may be requested as part of the Preliminary PUD development plan. 4. Additional standards for specific types of signs. a) Menu Boards. Drive -thru restaurants may be permitted 2 menu boards, not to exceed 36- square feet per board. No more than 20% of the total area of the sign may be utilized for business identification. Menu boards may be internally illuminated. b) Motor Fuel Stations. In addition to the one dynamic display permitted by Section 84.05 (Sign Standards), moter fuel stations in any district are permitted to display one additional 12 square foot dynamic display on one wall sign or freestanding sign. Such signs are subject to the standards of Section 84.08 (General Provisions), Section 84.05 (Sign Standards), and Minnesota State Statutes §239.751 and, §325D.71, as may be amended. July 23, 2015 13 f) Wall Signs. i) Wall signs are limited to 1 sign at the primary entrance of each tenant space, not to exceed 10% of the primary building face of the related tenant space. ii) Lettering on canopy and awning signs is restricted to the side panels or front drop. iii) Internally lit wall signs are limited to logo signs and individually - mounted channel lit lettering. iv) Wall signs must be located on the same wall as Tjf the primary building entrance. Lettering on canopy and awning signs. v) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. July 23, 2015 14 Table 2 — Freestanding Signs SIM MW :ace aye M(GH Monument Sin P lon Si n Sign Height Add! Qty tional Copy I Illumination Area Standards Residential - External Districts - Internal Non - residential 1 32 6 - Reverse channel uses letter -Dynamic Display Residential Must be located at subdivision primary entrance of (more than 6 - External subdivision. One lots) and 2 32 6 - Internal additional sign not to medium and - Reverse channel exceed 16- square feet high density letter shall be allowed at apartments each secondary entrance. CR - External Non - residential 1 64 16 - Internal uses - Channel letter -Dynamic display C / GMU - External Non - residential 1 64 16 - Internal uses - Channel letter -Dynamic display - External BP / 1 1 64 16 - Internal - Channel letter - External P -1 1 64 16 - Internal - Channel letter DMU Freestanding signs are not permitted in the DMU district. ' *The top of a sign, including its support shall be no higher than the roof of the principal building. July 23, 2015 15 Table 3 - Signs Attached to Buildings CR Sign copy Area Illumination Additional Standards DMU District 10% of the primary - External 1 projecting sign Non - residential 10% of the primary - internal allowed in addition to uses building face - Channel letter one allowed wall or 1 service entrance sign C / GMU 10% of the primary Awning/ Canopy Sign Wall Sign Projecting Sign CR Sign copy Area Illumination Additional Standards DMU District 10% of the primary - External 1 projecting sign Non - residential 10% of the primary - internal allowed in addition to uses building face - Channel letter one allowed wall or CR -LAIGI 1101 Non - residential 10% of the primary - Internal building face - Reverse uses Channel letter 1 service entrance sign C / GMU 10% of the primary - External (4 SF max) allowed in Non - residential building face - Internal addition to allowed uses - Channel letter sign attached to building. 10% of the primary - External BP / I building face - Internal - Channel letter 50 SF or 5% of the wall - External P -1 area, whichever is - Internal greater - Channel letter July 23, 2015 16 84.06 TEMPORARY SIGNS. Temporary use of portable or movable signs shall be allowed in addition to the sign limitations of this ordinance. 1. General Provisions. All temporary signs shall comply with the following standards: a) Temporary signs shall comply with Section 84.04 (General Provisions). b) Such signs shall be limited to a maximum of 32 square feet in area. C) A permit shall be obtained from the Code Compliance Official for each location and time period for placement of such signs, except: i. Such signs shall comply with the duration limits of this Section. ii. A permit for temporary signs under 8 square feet in area shall not be required to obtain a permit provided that the posting date of the sign is legibly and permanently printed on the sign. iii. Farm stands in any district are permitted to display a temporary sign less than 16 square feet in area during the period of sales.d) Temporary commercial signs shall advertise an activity on the property on which they are located. e) All pennants, streamers, banners, and other forms of temporary signs must be maintained and not be frayed, torn, or tattered. f) Manually activated changeable message boards are permitted on temporary freestanding signs. g) Sandwich board and A -frame signs must be placed on the property where the business is located and within 10 feet of the primary entrance of the business or on the right -of -way in front of property. A -frame signs must provide an unobstructed sidewalk width of at least 5 feet for pedestrian passage and must not interfere with pedestrian traffic or violate standards of accessibility as required by the ADA or other accessibility codes. h) Temporary signs may be located on a property for continuous periods not to exceed 30 days. No more than 1 such sign will be allowed per parcel. i) No property shall be allowed more than 4 such periods in any 12 month period. 84.07 EXEMPT SIGNS. July 23, 2015 17 The following signs shall be exempt from the provisions of this ordinance, except they must meet standards of General Provisions (Section 84.08): Street address signs, and combination nameplate and street address signs which contain noncommercial messages and which do not exceed 6 square feet in area. 2. Detached freestanding signs smaller than 4 square feet in area and less than 4 feet in height, and containing no commercial message (e.g. "Enter" or Exit" signs). Signs may be illuminated according to the standards of Section 84.04 (General Provisions). Interior window signs in commercial and industrial districts, subject to the following standards: a) The aggregate area of all such signs shall not exceed 25% of the window area on which such signs are displayed.. Window panes separated by mullions shall be considered as 1 continuous window area. b) Window signs shall not be counted against the sign area permitted for other sign types. 4. Permanent governmental signs for control of traffic and other regulatory/notification purposes and street signs. 5. Cornerstones, foundation stones, and memorial signs or tablets displaying the names of buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material, provided that no such sign shall exceed 6 square feet in area. 6. Noncommercial flags or any other flags displayed from flagpoles will not be considered to be signs. Flags & individual pennants (not on a string) are exempt signs. Noncommercial cultural decorations, displays of a noncommercial nature, or holiday signs mounted on private residential property, which pertain to cultural observances. 8. Noncommercial signs may be posted beginning 46 days before the state primary in a state general election year until ten days following the state general election, per the standards of Minnesota §211B.045, as maybe amended. July 23, 2015 18 84.08 PROHIBITED SIGNS. The following devices shall be specifically prohibited: 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. In cases where signs are permitted as part of a conditional home occupation license, signs shall conform to the standards for residential uses in Table 2. 2. Signs that blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings visible from the roadway. 3. Electronic outdoor advertising devices or dynamic displays including animated signs, electronic or manual changeable message signs, flashing signs or displays, moving signs, scrolling displays, and traveling displays, except as permitted in 84.05 (Sign Standards) and Section 84.06 (Temporary Signs). 4. Portable signs except as allowed for temporary signs. 5. Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions: a) The sign is a portable sign that meets the standards of 84.06 (Temporary Signs). b) The primary purpose of such vehicle or trailer is not the display of signs. C) The signs are magnetic, decals, or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle. d) The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate. 6. Vehicles and trailers used primarily as static displays, advertising a product or service, or utilized as storage, shelter or distribution points for commercial products or services for the general public. Inflatable or flying devices such as, but not limited to, balloons, streamers or pinwheels except those that are permitted temporary signs. 8. Signs that are structurally unsafe or in disrepair or which create a hazard by their condition, location or lighting. July 23, 2015 19 9. Permanent signs or placards of any size attached or added to any sign beyond that included in the application and permit. 10. Abandoned signs. 11. Rotating signs. 12. Roof signs. 13. A sign that violates any provision of any law of the State relative to off premises signs. 14. Temporary signs that advertise a business, product, or service, which is not produced or conducted on the lot upon which the sign is located, except that temporary off -site signs may be allowed as identified in Section 84.06 (Temporary Signs). 15. Off premise signs are prohibited. Off - premise signs which exist on the effective date of this section shall be considered as nonconforming signs and are subject to standards contained in Section 84.09 (Non- conforming Signs) of this Chapter. 84.09 NON - CONFORMING SIGNS. 1. Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height, or size with the regulations of the zone in which such sign is located shall be considered a legal non - conforming use or structure and may continue in such status until such time as it is either abandoned or removed by its owner, subject to Minnesota §462.357, as may be amended. 2. For on- premises signs, structural alterations, maintenance and improvements are permissible only where such alterations, maintenance and improvements will not increase the degree of nonconformity of the signs. 84.10 PERMITS. 1. Application. Unless exempted (Section 84.07), all persons seeking to place a sign within the City limits of the City of Corcoran and as regulated by the terms of this Section shall obtain a permit. The applicant shall first file an application in writing on a form furnished for that purpose by the Code Compliance Official for the City of Corcoran. Every such application shall: a) Identify and describe the work completely, including size, height, location, materials, true colors and lighting to be used. All applications must include color samples for review. Color rendition and intensity of lighting shall be indicated. July 23, 2015 20 b) Properties with multiple tenants, occupants or buildings entitled to signs must demonstrate an allocation of the allowed signage among eligible tenants and users. c) Be accompanied by a site plan with dimensions and specifications sufficient to determine consistency with this and other applicable laws and ordinances. d) Complete application form. e) Be accompanied by a fee, if applicable, as established by the City Council. f) Provide such other information as may reasonably be required by the Code Compliance Official. 2. Sign Permits. The application shall be reviewed by the Code Compliance Official and other departments of the City including the Building Official to check compliance with the laws and ordinances under their jurisdiction. The Code Compliance Official may require a building permit or electrical permit before construction commences. Expiration of Permit. Every permit issued by the Code Compliance 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 from the date the permit is issued. The Code Compliance Official shall have the sole discretion to grant extensions for good cause shown. 4. Right to appeal. Any applicant who files an application for a permit and is denied shall have the right to an appeal before the City Council, within 10 days of receiving notice of the denial of the application. 5. Sign Removal. Any signs constructed in the City without a permit shall be removed by and at the expense of the owner(s) of the sign. If the owner does not remove such sign(s) within 10 working days ofreceiving notice of non-compliance for failure to obtain a permit, the Code Compliance Official may order the immediate removal of all such sign(s). 84.11 VARIANCES. The City Council shall have the authority to approve or deny variances from the provisions of the Sign Ordinance. An applicant for variance shall proceed as required under Section 1070.040 (Variances) of the Corcoran Zoning Ordinance. The City Council shall use the same standards for evaluating sign variances as are found in said Section 1070.040 of the Corcoran Zoning Ordinance. 84.12 REPEAL. 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; provided, this repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance. July 23, 2015 21 84.13 SEVERABILITY If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of the provisions of this chapter related to signs is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality does not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter. 84.14 NONCOMMERCIAL SIGNS; SUBSTITUTION OF MESSAGES 1. Any sign allowed or that would be allowed without permit, by sign permit, by special use permit, or by variance, may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business, product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height and other requirements of this chapter. 2. It is the city's policy to regulate signs in a constitutional manner that is content neutral as to noncommercial signs. 84.15 VIOLATIONS, ENFORCEMENT, PENALTY. 1. Any sign constructed in the City in violation of this ordinance shall be removed by and at the expense of the owner(s) of the sign. If the owner does not remove the sign(s) within 10 working days of receiving notice of non-compliance, the Code Compliance Official may order the immediate removal of all such sign(s). 2. In the event that the Code Compliance Official is required to order the removal of any sign(s) in violation of this ordinance, all costs associated with the removal of such sign(s), including reasonable attorney's fees, shall be the responsibility of the owner of the sign(s). 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. July 23, 2015 22