Loading...
HomeMy WebLinkAbout08/11/2009 AGENDA CITY OF MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD Tuesday, August 11, 2009 6:00 P.M. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. July 14, 2009 5. Design Review: a. Ramsey County Park Shelters 6. Unfinished Business: a. Sign Code Amendment Review 7. Visitor Presentations: 8. Board Presentations: 9. Staff Presentations: 10. Adjourn DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 14, 2009 I. CALL TO ORDER Vice-chair Ledvina called the meeting to order at 6:04 p.m. II. ROLL CALL Boardmember Jason Larners Vice-Chairperson Matt Ledvina Boardmember Michael Mireau Boardmember Ananth Shankar Boardmember Matt Wise Present Present Present Present Present at 6:05 p.m. ., Staff Present: Michael Martin, Planner III. APPROVAL OF AGENDA Boardmember Shankar moved to approve the amended agenda, adding item 9.b.-Election of CDRB Officers. Boardmember Lamers seconded The motion passed. Ayes - all IV. APPROVAL OF MINUTES a. May 12, 2009 Boardmember Shankar moved to approve the minutes of May 12, 2009 as presented. Boardmember Wise seconded Ayes - Ledvina, Shankar, Wise Abstentions - Lamers, Mireau The motion passed. b. May 26, 2009 Boardmember Lamers moved to approve the minutes of May 26, 2009 as presented. Boardmember Mireau seconded Ayes - Lamers, Ledvina, Mireau, Wise Abstentions - Shankar The motion passed. V. DESIGN REVIEW a. Century Trails Senior Apartments, Common Bond Communities, Benet Road and Monastery Road Planner Michael Martin presented the staff report for this request from Common Bond Communities to build their second phase of development at the St. Paul's Monastery property, located at the northwest corner of Larpenteur and Century Avenues. Mr. Martin said this proposal is for a three- story, 40-unit apartment building for seniors. Community Design Review Board 2 Minutes 07-14-2009 Boardmember Ledvina asked if there is any plan to connect the existing sidewalks with the planned sidewalk around the building. Planner Martin said there is no recommendation to connect these sidewalks. Boardmember Wise asked if Metro Transit has been contacted to see if they might modify their bus route to go past this development. Planner Martin responded that staff can contact Metro Transit to see if this might possible. Boardmember Shankar commented that the landscaping plan seems sparse with just a few shrubs and asked if the shrubs would be in mulch. Planner Martin said the applicant can better respond to this comment on landscaping when he speaks. Boardmember Ledvina mentioned the condition of the staff recommendation that would require a fence or hedge on the slope to the east and north of the building for safety. Mr. Ledvina said there are no entrances or sidewalks in that area and would only be used in an emergency. Mr. Ledvina asked staff if he was missing other considerations that would require a barrier. Planner Martin responded that Mr. Ledvina's assessment of the intent of the recommendation is correct and there is no sidewalk in that area. Judith Wurdoch, of Common Bond Communities, reported that the first phase of family housing for this project is full and has a long waiting list. Ms. Wurdoch explained plans for the second phase of construction. Ms. Wurdoch said she is willing to call Metropolitan Transit to see if an additional bus stop could be added closer to the senior housing area. Paul Holms, of Pope Architects, gave a presentation of the design elements of the project. Mr. Holms explained plans for the fire access that the fire marshal requires. Mr. Holms said the request for a hedge as a barrier to the steep slope on the east and north of the building seems reasonable to guard against accidents and this will be done. Mr. Holms said trash and recycling will be kept within the building and also explained that the exterior colors for the building will be the same as those that were used for the existing townhomes. Mr. Holms said cultured stone will be used all around the building foundation, since all sides of the building are visible. Mr. Holms described the hearty board siding and Timberline shingles that will be used and showed a shingle sample. Mr. Holrns explained that HUD has determined that if there is ample room to build outdoor parking, HUD funds may not be used to build underground parking. Mr. Holms explained that the project details for the 2007 approval of this project clearly stated a request by the applicant for a parking variance and also clearly showed surface parking only. Mr. Holms explained that Common Bond owns and manages all of its developments and that its own maintenance people would coordinate snow plowing and moving cars with tenants. Boardmember Lamers asked if a connection is planned to connect the new sidewalk to the existing sidewalk, which would make a better access for residents to the current bus stop. Mr. Holms said this is a good idea and should be added to the plan. Boardmember Ledvina asked why this site does not have drainage retention on-site. Mr. Holms explained the drainage ponds were modified to be enlarged from the original site plan and moved across Benet Road. Boardmember Lamers suggested that screening could be added to help deter vehicle lights from shining into the units on the first floor on the parking lot side of the building. Mr. Holms responded that he doesn't feel much light will actually enter the units due to the grade, but it would be a great place for enhanced landscaping if there are dollars available to upgrade. Community Design Review Board Minutes 07-14-2009 3 Boardmember Mireau asked for details on the windows to be used and why they will be different than those used in the town homes. Mr. Holms explained the windows will be sliders, which are typically easier for the senior population to use. Boardmember Ledvina suggested the monument sign be constructed to match the cultured stone material used on the building foundation. Boardmember Mireau said he is comfortable with the planned outdoor parking if the Common Bond maintenance staff will be on hand when snow storms happen and during snow removal procedures. Mr. Mireau said this project is to provide affordable housing and people need an affordable place to live more than they need a place to park a car. Mr. Mireau said he agrees with removing the condition to require underground parking. Boardmember Ledvina said underground parking is a great amenity for our area, but people coming into this project know this is HUD housing. Mr. Ledvina said he feels the applicant is doing the best they can with this site and that doesn't include underground parking. Mr. Ledvina said that other communities with similar senior projects with outdoor parking have indicated that this has not been a negative situation. Mr. Ledvina said he can accept this and agrees with removing the condition requiring underground parking. Boardmember Shankar rnoved to recomrnend approval of plans date-stamped May 22, 2009 for the Century Trails apartments located at the corner of Benet Road, Monastery Way and Century Avenue. Approval is subject to the applicant doing the following: 1. Repeat this review in one year if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of completing exterior improvements like landscaping, in-ground lawn irrigation, parking lot striping and the like. 3. Meet all requirements of the building official, fire marshal and police. 4. Comply with the city engineer's report dated June 17, 2009. 5. Provide lighting fixture details for staff approval of the fixture design and light pole height. 6. Comply with applicable May 14, 2007 city council PUD conditions. 7. Provide a site and design plan for the screening of any trash and recycling containers if they would be kept outside. Should a trash enclosure area be proposed in the future, it shall not be placed in any parking space. 8. Provide in-ground lawn irrigation as required by the city code. 9. The community design review board shall review major changes to these plans. Minor changes may be approved by staff. 10. The developer shall provide a hedge on top of the slope to the east and north of the building as a barrier from the slope. Community Design Review Board 4 Minutes 07-14-2009 11. Applicant shall add landscaping adjacent to the building on the south side of the building. Staff shall review this additional landscaping. 12. Site plan shall show the additional sidewalk that shall connect to the sidewalk shown on Monastery Way. Boardmember Wise seconded Boardmember Wise suggested adding the following friendly amendment to the motion: 13. Partner with city staff on the modification of design of the cultured stone around the building to replace the hearty board directly over the windows with cultured stone. 14. Partner with city staff on the landscape screening along the first level. 15. Partner with city staff on the cultured stone around the monument sign and ensure it matches the stone on the building. Any addition of building signs shall be brought to the community design review board for review. 16. Coordinate with MTC to either add a bus stop or propose a reroute. The friendly amendment made by Boardmember Wise was accepted by Boardmember Shankar, who made the motion. The board voted: The motion passed. Ayes - all VI. UNFINISHED BUSINESS None VII. VISITOR PRESENTATIONS None VIII. BOARD PRESENTATIONS None IX. STAFF PRESENTATIONS a. Representation at the July 27, 2009 City Council Meeting: Boardmember Shankar b. Election of Chair and Vice Chair Boardmember Wise moved to nominate Boardmember Ledvina as Chair. Boardmember Lamers seconded Ayes - all The motion passed. Boardmember Ledvina moved to nominate Boardmember Wise as Vice Chair. Boardmember Shankar seconded Ayes - all The motion passed. X. ADJOURNMENT The meeting was adjourned by consensus at 7:18 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner Design Review-Ramsey County Park Shelters July 22, 2009 INTRODUCTION The Ramsey County Parks and Recreation Department, is proposing to build three park picnic shelters and one park restroom building. The picnic shelters would be located at: . Keller Island Park (Site C on the map)-this site will also receive a new bituminous trail loop. . Lakeside (Site D)-with a new asphalt trail connecting the existing restroom building and the proposed picnic shelter. . Lower Keller and restroom (Site E)-also with a new pedestrian trail. . The restroom building at Round Lake is an alternate bid to the project and will only be constructed if funds are available. If constructed, the old restroom building would be demolished. Proposed Materials The proposed picnic shelters and restrooms would be roofed structures and constructed of cementitious materials with a burnished concrete block BBQ grill. Roof material would be asphalt shingles. Water and electrical service will be extended to each shelter. There would also be accents provided such as limestone walls and boulders. Amenities will include drinking fountains, picnic tables and BBQ grills. The picnic shelters are sized to accommodate 75 users. BACKGROUND On August 28, 2006, staff approved the plans for five replacement county-park toilet buildings as noted above. These structures are located at: a. West side of Spoon Lake by the boat landing. b. East side of Spoon Lake in the picnic area. c. East side of the Keller Lake Island south of the parking lot. d. East side of Keller Lake (south of Site C). e. East of Highway 61/north of the Gateway Trail in the hilltop picnic area. The review of those restrooms were handled as a staff review, with the necessary notification to the city council and community design review board, due to time constraints at that time. As conditions of approval, the applicant was required to: . Restore the construction and demolition sites and sod all disturbed areas. . Obtain the necessary permits. DISCUSSION Sheet a1.4A shows plans for a new parking lot at Site E. The applicant is presently finalizing these plans so staff will present them to the community design review board at a later date. The proposed picnic shelters and restroom building would be attractive additions and upgrades to these county parks and the community. RECOMMENDATION Approve the plans date-stamped July 6, 2009 for the picnic shelters proposed at Keller Island, Lakeside Park and Lower Keller Park and a park restroom building at Round Lake Park. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Restore the construction and demolition site with turf. Sod shall be put in around the new paths and buildings. Seed is acceptable in more remote areas where watering is limited. 3. Provide adequate soil erosion prevention methods subject to the approval of the city engineer. 4. Staff may approve minor changes to the plans. 5. Obtain the necessary permits. p:sec16\Ramsey County Park Shelter 7 09 te Attachments: 1. Location Map 2. Map of all Site Locations 3. Keller Island Site Plan 4. Lakeside Park Site Plan 5. Lower Keller Site Plan 6. Round Lake Site Plan 7. Picnic Shelter and Restroom Building Perspectives 8. Plans date-stamped July 6, 2009 (separate attachment) 2 ~::.___=:t! r'i'\-~I' ; , , ~_ / /ffl"'- I o d '0 '0 -.- i . I LARPENTEUR AVE LOCATION MAP = Attachment 1 i -. . ---,- I j - -~ en :I: ""-~ . Cl ~--- z /"w I /, I J . , . . coo", 1--1-- 1"j-ROAD\! c,; ,.,,-, \'-:; "~'j i FRQST AV . :I: en ::i Cl z w Attachment 2 llOO' SPOON LAKE SI1E 8 . .., ~13; II~eMPLE1EO . ."" SPOON LAKE SI1E A COMPLE1ED KELLER ISLAND SI1E C . e I. t.EGaro --~~'f'It....:l~f\lrfII --' ~~~IT":;I' -~JII~~" ;'~oOl~ ...~~.JOU~ cj~~ "'Ii. Jt#wGdtI:o..r.rt m-kw !!l --..."" !3.;1c.:c~ @~~~'"!t!- D LAKE H,. . . AL 1ERNA 1E FOR TOILET BUILDING ONLY Keller Regional Park ALL SITE LOCATIONS 'j' I ! , .. '. .' I Iii 2 I a~ Ii ~ ~ . ":"~ g 'i - IA ;!! II !il!i, i ! I. 1!liI'.I!'I:j II~! !~!! i.I!1 !jliiili illll! il!'!!!!ll!1 !!!!:Ii lillll . III I! II!! i! i iiil!i', :, i 'Iii i II ili!!! =I! li:!ll! II! !~llll' lId II', .' 1 '1'1; ulli'! II! II -j;! :l'!l l !:II, ,I !l: -In, II' - !!ll!!! i11li!11lliil! Ii II! !!!!11Iiiil!I!!I!!II!! II! il! 111!!!l . ! I ,-.,,, l! i. .11.1 ,. ih! IIId, '," Illi.!l"I,!!!,mi"!!.,!b.I".illl"!;"il!,;,,,,!I'M -' ~ ~ ~ ...... ." ~~ ~~ ~~ = ~.. . II II Illl~ , . Ioll"il! !. i I ;b;~ilh~hll ~ ~ 0 ~ ~ t, I I': ;" I' .~e 3 .. ~ :Ii :B! n ~ 1;= I! I I! 'i I!; !li!' ~h! i: i I: l. hi Hill ~llllo.QQ Ilill , I ~ n ~~~ ~ n I, I "I,ll' ~iI ~ !s.. jH Ii: ~ 'll i'I.P i ,in dl!!l i! I 1 . ". ! I'!; ., " · , I'". . '..... I I' ",!""" .!, I.. "1', I"il " !..:~i~;;~h i;~~ !' ~: I <il I .,!inl "I II'P d .. . lIillllollil! hUll!! I! i eeeee eeee~@@ I l cr II IDe rrl:J~ ili~,," I'. .~~ " " 'i " I!. iii I,m bil! i:iII (~ ~ ~ :i1 ~ ~ u o z ::5 ~ ;;, ~~ ~~ G z ~ w ~ Vi o w U , "l Ci ( t ~, ~1i w_ 5::!S Attachment 3 /~~ ~~; o i . , , ! "! ~ ell ...... Ii! 5.1" I ~ ~ ! > ;;, ~ Iii l 'lIe; ! lirlr J In.. ~ f'f.t ~ (~ ~..J ~ ~ I .. u j Vi , o 0 ;;: 8 ~ J: ~ ~ -0 "t:I ~ ~.2 . . - ~ - ~ ~;;~"'~ ,';=1"",1"""" " l ~ " . . ~ g &I ~ 5 -E . "' ~~ i!~f .; ... ~~ :~ j!~i ~l!: ...1-:- ~~ ~jh ~ (~ ~ ~ ;;;. w ~ Vi w g ~ "" ~ !Q"'j' ~ ~}! ~" e ti~~! "Og<O i! i~ -. ~~ ~"8 ., ~i ", z <C -J a. W I- - UJ C z <C -J UJ - c::: W -J -J W ~ 'I ! Ii; ! , I: Ii",: 0 II l" I! pi' I I' 1"1, ,',' iilll il .:l'.!: !! i !'il. .i!!!l il;IIM ';:I! I i.! n HII!!!! , ! llli!, j!i! !WIII!1 l! I;', II ~ll I !I!.i ililli' ,! '.':I.;!.,II", 1 i,ll' ,I .. I ~ III ,!'; I" ~ '!,.q w! III! I! lib!, : ,I:,! II ;11:' I'!";: 1!'IIII'I!'I/!"""'I"ill!":I!I' li"i ~! Ii Ii 11, ill i lli'!~h' Ii! ill!! ill i!ll! Ii !!!,I II Ii! :1 . lrinll!:!,!!d !!'h Ii!!l 'Ii!i!!! .Idii !II I, ~I :,1 :!l : :,,,1. :' !': !li~ !!: ~i,!l:, !,,'!!i :!, !. , !l!i !iii, lilll "1;, d!m 'gl'l' ',!" 'oj ~~" , 'hi 111m i' ,t -. i , ii 6~~ ~~ ~~ II ~i&l ;~&I b~ !g ~ ~ I 0 ~ ~ t, '" I ! .i.ill Ii II: II i il i' I': ill" !Hi I: i b 111111:.:1 Iii 1m II: II il\ilOeQQjjiii ~ ~ ~ ::l~ "'./--- t , , , , , /" b ~~ ~~ , , , , /" /" /" /" /" /" , ~r ~ " ~~ 10 ~~ 15~ h i2li/ Attachment 4 , I , ~ II b~! ~ I ~ -.1 lii!'l; j !H ~ ~i: ~~ ! ~ !l ~ Ill' ill I l' : ~ -"i' !'.llll !, :' 1!!!'IHli!!lid; ~~ _e. ~2;,U~~'5A., ~ ~ o ! I' ,l"l! " I" i " 0 "i.il~l!!. Ill' P'l'! I' : "HI'I"H 11.10 . 0 liilhi.!lill!:!lllll! i!i ; GG GGG G GE>G@@@@@ ~, "-, "-, ~t;,!j i'l !Ii "1' ~~ (~ ~ ~ ~ ~ u z 8 w ~~ :3~ e <'0 ; ~ i CO 'P I-j '. ' rH I: ~ If; . :l! 11 . l~Hv-] 1 I!,. 'I f.~i "-" \ c; -~.& jl ~ ~ ~ ~ ~ hi 1 ~. I 8'1' e 12'i" ] :3~ ~ 8 ! "- ~ 1~~ ~ ";;;, '" ~ ~ :. 81 J&!~i1:3 " ~ " A g ~ ~ Jj ~ ~~ ~~ ~l z. ". ~;; ~ . ~ .. ~g i~~~ d: .,~h -, lloo ~~ w!~ ~15 ii~~~ lIB (~ ':j ~ w ~ ~ ~ S cJ g > ~ " wb ~, ~ ~~ l55 :t e~ ? !iL~ oh ~ z <( ..J 0- W I- - CJ) ~ c::: <( 0- W C - CJ) W ~ <( ..J 'I I " 1'1 I . I; Ii!,'! ,Ii Ill" !~, !! !1'li! I ! I, !, IiI' ,I :,,;, ! ::! !Il!! i,ID !illill! 11!1! il:l!!!ll;!! !i!!Eli !I'II . !lil!! l!!1! Illiill! !!II!!lllllili!i!!ll!l!i!I!!! ill!il I I!! i!!1 !il!!II!'.'I,!i,!l,-I: II! ill I lll!!l,lllll!'!!! !! !Iil! ii!!!l! . ! 'j'l' ":.'<1' Ii 'I!!! I!./ I~'i!'" i" il!"! !11!d! ;ll;II::l>iI,:! !'; !l!~:I:~il!i:,!;,!I!1 ;n!, ::;M , ' !oj '.i'! I, I I ;h ;~~ h~ Ig t g ~ I ['] ~ ~ t, Is! ~ ! ~ =~:h! i~ I,: d I II I' "1'1'1" ill i: I b III i ill:: ~ II i I! ~ II a i1otr/QOil:ii . I ~ ~ ~ll' , 1,1 ".11, ij~ ~ hI! D~ ! g 'I i :!I ,II , ~~ II '" i1~ \I r ~ .ii!dl!iIH I , - 'I" ! ! ,Iii",' , , I'd I. I;, :' ,I' ! !i;';!lmi:i!ill.!: ,,'i!lll"II'I; "i!'" . iI~lil, lli,!lhhilll ! ! i e0000 0 e00@;@@@@ O<l/gjOll31VMJOlOQ3 Attachment 5 i I , I ~ , '" ". ,. p i o , ; , <( ~ ~ co "'11' lij - ',' 1;' !j" ::-:" ni i i~!D ~ ~r-q- }' ~ Ij', " (-- , .. - ....>- ~ _ ..,ll ".. .'0" ~ l-:! ~ j! O! Z " ~ w ~ in S ~ ~ Ci I ~ ~ ~b " ~.. ~ ~;: -,; S in ~S .. 8 ~ 0 ~ 0: ~ in t]~ "-' go:::.:: jIlj~] ~ I ~ A g ." 5 ~ ~ g -E . ~ ~~ ~i ~1 ;ill ". ~~ i~ i~i~ d- "'!f'~ 1 .~ j.!; . ~ a~ ",j~e ~G ~... ~ il'::i5 ~Zg~ HIB , (~. ~ w ~ in ~ So ~ g ~ ~ 'OJ w, ~? f5~ ." ~, ~. ... ~ 6):~ ? ~:gi~ z <C ...J a. w I- - en a::: w ...J ...J W ~ a::: w ~ o ...J 'I I !Il I " I: I '"I II I j.~ I II lid'. ' !! II!','I,! ,ll,i ili illi II .;,b'. i i' 'l'i ., lJ ','1 1: I'" j=1 i l i:l!! !II!!!!! ,! Iii h, Iii! IUlli!l Ii Ii! Ii i IlIl . !!II!1 iiiI111j1!!i! ;.li'iqli!!ii;!!I'!lill'ili !.I;: 'Iud 1'1"'; !'II, llo,!II," "I,I"'III!'II,i'I'!I! '!II l.! II II il! ill Ilil!!i Ii Ii! iill,;l1i Iii Illl !,'ji!! II Il!~! ! I Ii!! ;l11!in!'i!I!I,:!,':! Ii!' ,lilli"i~; ii,"il,.j1i 'ii"!! ;; I, ," ""ml"!,,, hi! I, ,i, i i, bid i ,jd. ill, .. ~ ~ ~ ..~.. ....~" ~~ "" ~"" ~ A " ,,~~ , I Mi'll! i . , ;!l; ;~ll h~ II ; i ~ ~ ~ OJ ~ t, I ,.. ',I, I I .1.1i! Il . hi ~ i II Ii ili!!!h 111110.0011l11 , ~ II .~ i ; '01 '.l,ll! qll ~ !~~ t;~ ~ · III 'I! "l' '\ I.,"'! ,ii' lit I! I! I I Ii'! i , .1.;1' i , . h ... " " ! .,' I I II~ !~~I$U ~i ~ >;~~ , , " ,"~I' 'I" i! I ''''j''lll.l:!' Ii ,,'II ""jl !'l i! i.l.,l. . I hlhll dillihlil! Ill! i 00000 0000€@@@@ ;5 ~~ ;:l~ ~~~ ~ .. ". . .!!1i~"~ B~:l;!~~~i ~ . ~!! ". I".~. .". '", ":~i ~MSlS ".z ~~sl h~~ijj ..... \ Attachment 6 < ; ~ /;' ~~: o , , " <( (0 . f , .,- m :r-Ii_ lil , " I" i~i i ~ ~ f" Q 'l!.-! ! !r~r 1)" 1'..... i{f~ l! ~ ,.... f!~j ; i _..!I;";I ~ ~ ." in ~o 0 1f w 0 ~ ~ I ~~ <- w ~~ :5.., , 0.' x x;; " o_ j ~-5 in G .. ~ ~ " in f J .3 ~ r'2~ g J: &l':!~~ . ~ ~ . fr '" .~ ~ j ] 1! . ~ (~ ~~ ~~!!~ u.ol'!'<1; "'~ t~;; ~~ ~!gg u ~~ ~ih z , ~ ~ 0 (~ '" ~ w ~ U z 8 z ~ " ~ ~ ;;;. ~ , u g Z J;l. 'r u " 1; ~ .~ . w w @" , i~ I :5b :5~ ~ ~~ 0, ~~ ~ . Z" .~ 0,_ 6- e ~~ ~, G 8 ,:! ~ '~ ~ j il~ z <( ..J a. W .... - en w ~ <( ..J C Z ;:) o a::: Attachment 7 CD tl~CTlVE IMAGE OF "SMAll STRAIGHT" SHELTER BUILDING Ii IT j 'I'f'r ~ " ,I., <-=~.... ; ,.j!~,~ ~"~I"", i~~~~~~~I~ 'I~UI ~ liL i ,I 'jI i . U~ "<c,cc.- ".,- ,,"j r )""-'-' 3, ", ---_ ". - .__n.__ , . _'__~., ~I fi~~~~~IE~~~ ~~~. ~ll IE~..~;~~~~~i ,1 "__'~I' ._,__1 """",, " ~-,' ;-!:;~::~""" -".:.~L=~~-~~~i t~c~,~~~r; o PERSPECTIVE IMAGE OF TOILET BUILDING \::..J NO SCAlE PICNIC SHELTER AND RESTROOM BUILDING DESIGN PERSPECTIVES MEMORANDUM TO: FROM: SUBJECT: DATE: Community Design Review Board Shann Finwall, AICP, Environmental Planner Sign Ordinance - Update and Progress Report on Proposed Amendments August 5, 2009 for the August 11 CDRB Meeting INTRODUCTION The city's sign ordinance gives guidelines to businesses and residents for visibility and promotion, and protects the public health, safety, and welfare, Maplewood's current sign ordinance was adopted in 1977, with only minor revisions made since that time, In 2004 and 2005 the Community Design Review Board (CDRB) researched various aspects of signs and ordinances, drafted amendments to the city's sign ordinance, and took public comment regarding the amendments. Based on this review, the CDRB recommended approval of a revised sign ordinance on March 1, 2006. No action was taken on those revisions since that time. This memorandum will update the new members of the CDRB on the history of the sign ordinance amendments and discuss next steps of review by the public and city council. BACKGROUND February 14, 2003: The CDRB recognized in their annual report (2002) the need to review and make recommendations on potential modifications and updates to the city's sign ordinance, February 2, 2004: The CDRB recognized in their annual report (2003) that the sign ordinance is outdated and allows for excessive signage within the commercial and industrial zoning districts. The CDRB also recognized the time and effort that was involved in the sign ordinance design criteria they worked on and the city council approved for the mixed-use zoning district. June 2004: The CDRB began phase 1 of the sign ordinance revision which included researching and comparing various sign ordinances from the following cities: Woodbury, Oakdale, Roseville, White Bear Lake, Brooklyn Center, and Edina. The sign ordinances were compared based on style and format of written ordinance, quantitative data associated with written ordinance, definitions of sign types, and associated terminology and restrictions based on zoning districts. The comparison illustrated that on average Maplewood has the fewest number of prohibited types of signs, allows above average sign sizes, and allows the greatest number of temporary signs without permits. August 2004: With the comparative research complete and the results that showed room for improvement within the Maplewood sign ordinance, the CDRB began phase 2 of the sign ordinance revision which included involvement of the local business associations, the chamber of commerce, and residents and business owners of the general public. September 2004: Staff created the first online opinion survey published on the City of Maplewood's website. Educational materials on the website informed the survey takers of the types and sizes of signs allowed by the ordinance as well as information on the current sign ordinance revision process. To market the survey, an advertisement ran for two months in the Maplewood City News. In addition, staff sent the survey to a randomly selected group of 200 business owners in Maplewood. October 2004: The city received 50 survey responses from the online survey and mailings. The responses were coded and input into a statistical database for comparison and interpretation. The general opinion of the residents and business- related individuals that took the survey was in favor of sign ordinance writing, enforcement, and the proposal to revise the sign ordinance. In general, the main types of signs the respondents expressed concern over were billboards and temporary signs, November 2004 - September 2005: The CDRB began phase 3 of the sign ordinance revision which included review and revision to all areas of the sign ordinance. July 25, 2005: The city council adopted an ordinance amending the political campaign sign section of the sign ordinance. October - November 2005: City staff published the draft sign ordinance and again requested public feedback. City staff created a document which outlined the major changes in the ordinance. This document was mailed to 200 random business owners within Maplewood. In addition, city staff advertised the sign ordinance revision process and requested feedback in the Maplewood Review, City News, and on the city's website. December 2005 - February 2006: Based on public feedback received, the CDRB made modifications to the draft sign ordinance. March 1, 2006: After two years of research, review, and public comment, the CDRB recommended approval of the draft sign ordinance. May 8, 2006: The city council held a workshop to discuss the draft sign ordinance. No action was taken by the city council at that time. December 10, 2007: The city council adopted an amendment to the prohibited sign ordinance which removed prohibited language in order to allow dynamic display signs (light emitting diode [LED] signs) within the city. August 11, 2008: The city council adopted a dynamic display sign ordinance which regulates billboards and outdoor advertisement signs with LED (light emitting diode) technology. April 14, 2009: The CDRB received an update and progress report on the sign ordinance amendments. The CDRB gave their support for the continuation of the sign ordinance amendment review and recommended that the sign ordinance as drafted by the board in 2006 be brought to the city council. 2 June 1, 2009: The city council held a workshop to review the 2006 draft sign ordinance amendments. The city council offered feedback on several areas of the ordinance and directed staff to return to the CDRB for another review and public comment period prior to first reading with the city council (Attachment 1). DISCUSSION The city's sign ordinance is over 30 years old with no major revisions since its adoption, The CDRB's 2006 sign ordinance amendment recommendation was an attempt to update the ordinance by creating a more comprehensive signage program for the City of Maplewood based on communicating a message visibly while ensuring the protection of adjacent property owners. The May 8, 2006, city council workshop was the first opportunity the city council had to review the draft sign ordinance. It was also a time of transition for the city with a new city manager and three new city council members. During the city council workshop staff fielded several questions regarding the ordinance and suggested a first reading on June 10, 2006, Due to the transitional phase of the city no formal action was taken on the proposed sign ordinance amendments. However, since that time the city council has adopted new sign ordinance language in 2007 and 2008 to address the LED sign technology. To ensure all of the work and effort put into the proposed sign ordinance amendments were not lost, the CDRB and staff requested review of the sign ordinance amendment by the standing city council during a workshop which was held on June 1, 2009. The city council offered feedback on several areas of the ordinance and directed staff to return to the CDRB for another review and public comment period prior to first reading. Since there are only two CDRB members that worked on the sign ordinance amendments currently on the board, city staff would like to begin the process by giving a presentation to the standing members on the proposed changes. In addition, staff will review the feedback received by the city council during the workshop in June as well as discuss the plan for additional public comment. For the benefit of the new members staff has attached the sign ordinance amendments and is including a synopsis of the major changes proposed to the ordinance below: MAJOR CHANGES PROPOSED Temporary Signs Temporary Portable Signs: The ordinance currently allows temporary portable signs under 16 square feet to be installed on business property with no permit and no duration or maximum number. Temporary signs over 16 square feet are only allowed with a permit. The permit is valid for 30 days per year, per business, The proposed ordinance would now limit portable temporary signs under 12 square feet to one per property without a permit and signs over 12 square feet to one per property with a permit. These signs can be installed for a maximum of 30 days per year for each property. For businesses with multiple occupants, each separate tenant is permitted one sign under 12 square feet with no more than three signs allowed on the property at any one time and only one sign over 12 square feet at anyone time. 3 Commercial Window Signs: The ordinance currently allows businesses to place signs in windows not to exceed 75% of the total area of the window with no time duration. The proposed ordinance would allow businesses to place signs in the window not to exceed 30% of the window, for a total of 30 days per year, per sign. Off Site Real Estate Signs: The ordinance currently does not have regulations on the number of off site real estate signs (directional or open house signs not exceeding 3 square feet in area) per street intersection. These signs are allowed from 12 noon until 8 p.m, on the weekdays and from 6 a,m, Saturday to 8 p.m. on the last day of the weekend. The proposed ordinance will limit off site real estate signs to one real estate listing and one real estate open house sign per corner at each intersection, with a maximum of four separate real estate listings and four separate open house signs per intersection. The signs would be allowed within the right-of-way for up to 30 days per real estate listing and the day of the open house for open house real estate signs. Temporary Banners: The current ordinance allows temporary banners up to 150 square feet for 30 days with no limit to the number of banners per business. The proposed ordinance would allow one banner up to 32 or 64 square feet (depending on the zoning district) for up to 60 days per year, per property. No more than one banner may be displayed per property at anyone time, except for multiple-tenant buildings which allow up to three. Opinion Signs: The current ordinance does not have an ordinance regarding signs that express a viewpoint of a non-commercial nature, The proposed ordinance would limit such signs to one per property, up to 32 square feet for residential and 64 square feet for commercial properties. Political Campaign Signs: The city adopted a change to the political campaign sign ordinance in August 2005. The new ordinance applies during local elections only and restricts the number of days that a resident or business can place a political sign prior to an election or referendum from 30 days to approximately 90 days. The CDRB's proposed draft sign ordinance expands on that language to cover special elections. The proposed ordinance allows political campaign signs to be posted for special elections or referendums from the date of filing until ten days following said special election or referendum. Commercial Signs (Areas Zoned LBC, CO, NC, BC, BC-M, M1, and M2) Wall Signs: The current ordinance allows wall signs up to 20% of the gross wall area on which it is attached for all commercial areas. The proposed ordinance would change the calculation of wall signage allowance in the BC, BC-M, M1 and M2 districts to the gross square footage of the principal structure on the property as follows: 4 Principal Structure Gross Sq. Ft. of Maximum Size and Coverage Area of Each Floor Area Sign Less than 10,000 sa. ft 80 sq. ft. or 20% of wall face, whichever is less 10,000 to 20,000 sq. ft. 100 sq. ft. or 20% of wall face, whichever is less 20,000 to 100,000 sq. ft. 150 sa. ft. or 15% of wall face, whichever is less Greater than 100,000 sa. ft. 200 sa. ft. or 10% of wall face, whichever is less The proposed wall sign ordinance for the LBC, CO, and NC districts will remain 20% of the gross wall area on which it is attached. Freestanding Signs: The current ordinance regulates freestanding sign size and height within the BC, BC-M, M1, and M2 districts based on the size of the lot and setback of the sign. The maximum freestanding size allowed is 300 square feet and the maximum height is 50 feet. The proposed ordinance will base the size of freestanding signs on street classification of the closest street to which each freestanding sign is located as follows: Classification of Maximum Sign Maximum Height of Maximum Height Street Size (sq. ft.) Pylon (feet) of Monument Sign (feet) Principal Arterial 180 25 12 Minor Arterial 140 20 12 Collector Street 100 15 10 Locai Street 80 12 10 The current ordinance allows freestanding signs within the LBC, CO, and NC up to 80 square feet and 25 feet high. The proposed ordinance will allow a maximum of 64 square feet and 10 feet high. Billboards The current ordinance allows billboards in commercial areas with a sign permit. The proposed ordinance would allow the use of billboards only with the approval of a conditional use permit. In addition, they may only be located adjacent to a principal arterial street in the SC, BC, M-1, and M-2 districts and must maintain a distance of 250 feet to a residential district or 800 feet to a residence. CONCLUSION Staff will give the CDRB a presentation on the sign ordinance amendments, discuss feedback received by the city council during the workshop in June, and discuss the plan for additional public comment prior to first reading with the city council. Attachment: 1. June 1, 2009, City Council Workshop Minutes 2. Draft Sign Ordinance 3. LED Sign Ordinance 5 Attachment 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, June 1, 2009 (PARTIAL MINUTES) Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:05 p.m. by Mayor Longrie, B. ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Council member Will Rossbach, Councilmember Present Present at 6:40 p,m. Absent Present Present D. UNFINISHED BUSINESS 1. Sign Ordinance - Update and Progress Report on Proposed Amendments a. Environmental Planner, Shann Finwall gave the presentation and answered questions of the council. b, Natural Resources Coordinator, Ginny Gaynor answered questions of the council. 1. Former Chairperson on the Community Design Review Board, Linda Olson spoke. City Manager, James Antonen informed the council that the Sign Ordinance would return to the CDRB for another review and be brought back to the council for a first reading in the fall with the final adoption by the end of 2009. June 1, 2009 City Council Manager Workshop Minutes 1 Attachment 2 CITY OF MAPLEWOOD DRAFT SIGN REGULATIONS Recommended for Approval by the Community Design Review Board on March 1, 2006 Item in Italics Represent One Revision Made by the CORB on July 25, 2006 Items Underlined and in Italics Represent Staff's Notes for Final Version Paul Merwin. senior land use attornev with the Leaque of MN Cities Insurance Trust, states that citv siqn codes should be reviewed for the followinq: What the siqn savs shouldn't be relevant to whether the siqn is allowed (i.e., commercial versus noncommercial messaqes) - Ensure siqns are not treated differentlv based on the tvpe of messaqe thev deliver or who is statinq the messaqe, Limits on commercial siqns (i.e.. temporarv commercial siqns) should be the same as limits on political siqns. Ensure the citv has broad discretion to denv applications for siqns based on imprecise or "other" information. Ensure there is not a specific list of permitted siqns and a blanket prohibition on anv non-permitted siqns. Purpose and Intent The purpose of this chapter is to establish a comprehensive and impartial system of sign regulations that balances the needs for effective visual communication including business identification and the needs for a safe, well-maintained, and attractive community. It is intended through the provisions contained herein to: (a) Promote signs which by their design and dimensions are integrated and harmonized with the surrounding environment and the buildings and sites they occupy. (b) Protect the public from damage or injury caused by signs that are poorly designed or maintained and from signs that cause distractions or hazards to motorists and pedestrians using the public streets, sidewalks, and right-of-way. (c) Avoid excessive signage in order to give each business or use optimum visibility to passer- by traffic and prevent cluttering of the streetscape, Comprehensive SiQn and Mural Plans A comprehensive sign plan shall be provided for the following: (a) Business premises with (5) or more tenants on the premise and all multiple-story buildings with (2) or more tenants in the building. (b) All developments approved as a planned unit development. (c) Murals on business premises, What about larqe schools or other "Campus" tvpe developments? 1 Such a plan, which shall include the location, size, height, color, lighting and orientation of all signs andlor murals, shall be submitted for preliminary plan approval by the city; provided that, if such comprehensive plan is presented, exceptions to the sign schedule regulations of this chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this chapter and if such exception results in an improved relationship between the various parts of the plan. In addition, murals must be tasteful, in keeping with the business premise and surrounding properties, and not contain any defamatory, obscene, treasonous expressions or opinions, including graffiti. Comprehensive sign plans shall be reviewed by the community design review board. The applicant, staff, and city council may appeal the community design review board's decision. An appeal shall be presented within 15 days of the community design review board's decision to be considered. Definitions Administrator. The director of community development or other person charged with the administration and enforcement of this chapter, Advertisinq Balloon, Any inflatable temporary sign. Alteration. Any major alteration to a sign, but shall not include routine maintenance, painting or change of the sign face of an existing sign. Awninq, A covering attached on the facade of a building which projects typically over a door, window, or sidewalk. Awninq Siqn. A sign affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of such awning. Banner Siqn, A temporary sign that is made of flexible material, contains a message, and is not inflatable. Billboard. A sign adjacent to a designated highway which advertises a product, event, person, institution, activity, business, service or subject not located on the premises on which said sign is located. This definition shall not include an off-site real estate sign Chanqeable Copv Messaqe Board. A sign or portion of a sign which is characterized by interchangeable letters and figures. This definition shall not include electronic message boards. Collector Streets. As defined in the city's comprehensive plan these are roadways designed to carry traffic between the arterial system and the local system, convey intra-community traffic between neighborhoods, business centers, industries, parks and the like, and provide direct access to abutting properties. Construction Siqn. A temporary sign erected on the premises prior to or during construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, andlor the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project. 2 Directional Information Siqn. A sign, generally informational, that has a purpose secondary to the use of the property upon which it is located, intended to facilitate the movement of pedestrians and vehicles within the site and identify the location and nature of a building not readily visible from the street. District. The zoning districts as designated on an official map of the city and described in the district regulations. Dwellino Unit. Any structure or portion of a structure that is designated as short-term or long- term living quarters, including motel units, hotel units, or cabins. Electronic Messaqe Board. A sign with a fixed or changing display message composed of a series of electronic illuminated segments. Flaqs, Any device generally made of flexible materials, such as cloth, and displayed on strings containing distinctive colors, patterns, or symbols used as a symbol of government, political subdivision, or other entity. Flashino Sion. An illuminated sign which contains flashing lights or exhibits with noticeable changes in light intensity. Freestandino Sion. A sign that is attached to, erected on, or supported by an architecturally- planned structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. This definition includes pylon signs and monument signs. Garaoe Sale Sion. A sign that advertises the sale of personal property from a person's home. This definition includes, but is not limited to, yard-sale, craft, boutique and estate-sale signs. Gas Station Canopy Siqn. A sign affixed to the canopy of a gas station pump island which may or may not be attached to the principal building. Graffiti. Unauthorized markings of paint, dye, or other similar substance that have been placed on real or personal property such as buildings, fences, transportation equipment, or other structures, or the unauthorized etching or scratching of the surfaces of such real or personal property, any of which markings, scratching, or etchings are visible from premises open to the public. Ground Grade. The elevation of the ground closest to the sign to which reference is made. Illuminated Siqn, A sign that is illuminated internally by a light source inside the sign or externally by means of external light fixtures directed at the sign. Local Streets. As defined in the city's comprehensive plan these are roadways that serve short trips at low speeds. Menu Board. An outdoor sign which lists available menu offerings for drive-through customers at a retail establishment which includes a permitted drive-through component, for the purpose of enabling customers to order from the menu and where the advertising or promotional component of the sign is secondary. 3 Minor Arterial. As defined in the city's comprehensive plan these are roadways that connect sub-regions that are the closest routes parallel to the principal arterials and supplement and provide relief for traffic to the principal arterial. Monument Siqn, A sign not supported by exposed posts or poles located directly at the grade where the width dimension of the architecturally designed base is 50 percent or more of the greatest width of the sign face. Multiple Tenant Buildinq. A commercial building containing two (2) or more tenants. Mural. A design, image, or expression on the exterior of a building, generally for the purpose of decoration or artistic expression, including, but not limited to paintings, markings, and etchings and does not include any on or off-site advertisement. Noncommercial Opinion Sions. A sign that expresses an opinion or point of view that does not advertise any product, service, or business, or display a commercial message, excluding political campaign signs, Nonconforminq Siqn. A sign lawfully erected and maintained prior to the adoption of this ordinance that does not conform to the requirements of this ordinance, On-Site Real Estate Siqn, A sign advertising the sale, lease, or rental of real estate upon which the sign is located Off-Site Directional and Open House Real Estate Siqn. A sign located within the right-of-way that advertises the sale, lease, or rental of real estate or the open house for such real estate located off the premises where the sign is located. Off-Site Real Estate Siqn, A sign advertising the sale, lease, or rental of real estate for single or multiple-family housing developments located off the premises where the sign is located. Painted Wall Siqn. A sign painted directly on the exterior wall of a building or structure, excluding murals, Principal Arterial. As defined in the city's comprehensive plan these are roadways designed to carry the highest volume of traffic, allow the highest speeds, are for the longest trips, and provide sub-regional, regional, and inter-community access. Principal Use, The main purpose for which land, buildings, or structures are ordinarily used. Professional Occupation Siqn. A sign which contains no advertising but is limited to the name, address, telephone number, and occupation of the person carrying on a permitted home occupation out of any residential use. Property Frontaqe. The property lines or lease lines at the front of a building in which the business is located or the location of the main public entrance of the building. Political Campaiqn Siqn. A temporary sign promoting the candidacy of a person running for a governmental office or promoting a position or an issue to be voted on at a governmental election. 4 Portable Siqn. A sign constructed to be movable from one location to another and not permanently attached to the ground or to any immobile structure or any device whose primary function during a specific time is to serve as a sign. Public Service Siqn. Any sign primarily intended to promote items of general interest to the community. Time and temperature signs are considered a public service sign. Proiect Siqn, A temporary sign which identifies a proposed or new development. Proiectinq Siqn. A sign, other than a wall sign, which is supported and projects from more than (18) inches at a right angle from the wall of a building. Pylon Siqn. A sign that is mounted on a narrow freestanding pole or other support structure so that the bottom edge of the sign face is (6) feet above the architecturally designed base. Residential Use Buildinq. Any dwelling, boarding, lodging or rooming house, dormitory unit, fraternity, or sorority house. Roof Line. The uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said facade. Roof Siqn. A sign erected upon the roof of a building or extending above the roof line of the building to which it is attached, and which is wholly or partially supported by said building. Siqn. Any structure, device, advertisement, advertising device, or visual representation intended to advertise, identify, or communicate information and to attract the attention of the public for any purpose. A sign includes any illuminated or non-illuminated symbol, letter, logo, figure, illustration or form painted or otherwise affixed to a building or structure, excluding murals. A sign also includes any beacon or searchlight intended to attract the attention of the public for any purpose. For the purpose of removal, signs shall also include all sign structures. Architectural lighting, such as neon that has no sign copy, shall not be considered to be a sign. Siqn Area. The entire area within a continuous perimeter enclosing the extreme limits of the sign message and background. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, uprights, or structures in which any sign is supported shall not be included in determining the sign area. ) Siqn Face. The surface of the sign including letters and background upon, against, or through which the message is displayed or illustrated. Siqn Structure. The supports, braces, and framework of a sign. Street Frontaqe. The linear frontage of a parcel of property abutting a street. Special Event Siqn. A temporary sign or display erected by a civic organization, religious organization, or other non-profit organization or group for the purpose of identifying a non- commercial, one-time, or annual special event. Temporary Displavs. Temporary displays or features that do not clearly fall into the definition of a sign, but which direct attention to a product, place, activity, business, person, institution, or 5 organization Temporary displays include three-dimensional shapes, inflatable objects, search lights, and other similar devices, Temporary or Seasonal Siqn. A sign for a specific advertisement purpose that is of a limited duration and is not permanently attached to the ground or wall. Time and Temperature Siqn. A sign that contains an electronic message board portion that only displays the time and temperature. Video Board. A video board is any device designed for outdoor use which is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRTs), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCos), other technologies used in commercially available televisions or computer monitors. Wall Sion. A flat sign which does not project more than eighteen (18) inches from the face or wall of the building upon which it is attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building. Window Sion. A sign painted on a window or placed inside the building to be viewed through the glass by public. This does not include merchandise on display in a window, seasonal displays of holiday pictures, decals, lights, and decorations that do not contain a commercial message or signs which are legally required to be posted. Wall Surface of Buildinq. The total horizontal surface area of the building face to which the sign is attached, including windows and door areas, measured to the extreme outer limits of such wall surface, Siqn Area and Heiqht Computation (a) Where the sign is a separate panel, structure, or other material forming a single display, the area of the message display face shall constitute the area of the sign. The supports, uprights, bases, or structures on which any sign is supported shall not count towards the sign area unless the supports, uprights, bases, or structures are an integral part of the sign display. (b) Where the sign is designed with more than (1) exterior sign face, the sign area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. (c) Where the sign consists of any combination of individual letters, panels, numbers, figures, illustrations, or of a line or lines, to form a display or sign, the area of the sign shall be computed using the outside dimensions of the various words, figures, and illustrations composing the entire sign. (d) The sign coverage area includes the area of the message display face and the frame, background, and supports for a sign. (e) The height of a sign shall be measured by the vertical distance from the ground grade to the top of a sign. 6 Nonconforminq Siqns (a) Nonconforminq Permanent Siqns, Nonconforming permanent signs lawfully existing on the effective date of this chapter shall be allowed to continue in use, but shall not be rebuilt, relocated or altered, other than minor alterations including routine maintenance, painting, or refacing the copy of sign, without being brought into compliance with this chapter. After a non- conforming sign has been removed, it shall not be replaced by another nonconforming sign. (b) Nonconforminq Temporary Siqns. Nonconforming temporary signs existing on the effective date of this chapter shall be brought into compliance or removed within (60) days from the effective date of the chapter. Enforcement Procedures (a) Permanent Siqns. The city shall send notice to the owner of any permanent sign in violation of the provisions of this chapter. The notice shall require that the owner correct all code violations. If the sign is not a safety hazard, the city shall allow (30) days for the owner to correct the violation, If the sign is a safety hazard the city shall take immediate action to end the hazard. (b) Temporary Siqns. The city shall send notice to the owner of all other illegal temporary signs and allow (7) days for the owner to correct all code violations or remove the sign. (c) Removal of Siqns. If the sign owner does not obey the city's orders, the city may remove or alter the sign at the owner's expense under the procedures of section 18-37. The city may remove illegal signs on a street right-of-way without notice. If the city removes a sign the city may sell or dispose of it if the owner does not reclaim the sign and pay any removal costs within (30) days of the sign's removal. Prohibited Siqns (a) Signs or sign structures attached or supported on balconies, fences, or other non- permanent structures, (b) Signs attached or supported on a permanently parked vehicle or semi-trailers intended to advertise a business, product, or service, Not including signs painted directly on a parked vehicle or semi-trailer used in the business or facility or on site for business purposes. (c) Signs on rocks, trees, or other natural features or public utility poles. (d) Signs that have blinking, flashing, fluttering lights, make noise, or change in brightness or color including, but not limited to, electronic message board signs, flashing signs, and video board signs as defined in this chapter; except for electronic message boards that display only time and temperature or similar public service messages according to the requirements specifically outlined in this chapter. (e) Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or opening intended to provide ingress or egress for any building structures. (f) Signs that by reason of location, color, or intensity create a hazard to the safe, efficient movement of vehicles or pedestrian traffic. No private sign shall contain words which might be 7 construed as traffic controls such as "stop," "caution," "warning," etc., unless such sign is intended to direct traffic on the premises. (g) Painted wall signs. (h) Roof signs. (i) Signs that advertise a product or service not sold on the property, except for billboards or other off-site signs where specifically permitted in this chapter. Ul Signs having features or incorporating parts of any sign prohibited in this chapter. SiClOS Exempt from Requlations in this Chapter (a) Any public notice or warning sign required to be maintained or posted by law or governmental order, rule, or regulation. (b) Flags and emblems of a political, civic, religious, or other non-commercial nature. Flags that do not meet these requirements will be considered banners and be regulated as such. (c) Any sign inside a building, not attached to an exterior window, that is not legible from a distance of more than (10) feet. (d) Traffic control signs, as defined by state law. (e) Memorial plaques, cornerstones, historical tablets, and the like. (f) Seasonal displays of holiday lights and decorations that do not contain a commercial message. Siqn Permits If a sign requires a permit the property owner shall secure the sign permit prior to the construction or major alteration of such a sign. No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is in compliance with the requirements of this chapter. Application The application for permission to erect or alter any such sign shall be in writing, using a current Sign Permit Application, and signed by the owner or occupant of the building. The application shall specify the location, height, dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached and total square footage of the building. Applications shall be accompanied by a sketch of the sign and any other facts the city requires for full information of the nature and safety of the proposal. An electrical permit is also required for all signs containing electrical wiring. Appeals When a permit under this chapter is denied, the administrator shall give notice to the applicant within (30) days of denial, together with reasons for denial. Appeals from the decisions of the 8 administrator under the provisions of this chapter shall be made to the city council. Denial shall be based on noncompliance with this chapter. Fees The city council shall set all sign permit fees annually. Time Limits (a) A sign permit shall become null and void if the work for which the permit was issued has not been completed within one year of the issuance or renewal. (b) All permits for the erection or alteration of signs shall be issued for the useful life of the sign. Minor alterations to an existing sign including routine maintenance, painting, or refacing the copy do not require a new sign permit. General Re~ulations and Standards All signs shall be constructed in a manner and of such materials that they shall be safe and substantial and in compliance with the building code. In addition, all signs containing electrical wiring shall be subject to the provisions of the current state electrical code. Maintenance All signs in the city, together with all of their supports, braces, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds. Attachment to BuildinQs All signs attached to a building shall not obstruct any fire escape, exit, standpipe, or any window required for light or ventilation. The signs shall be placed flat against the building and project no further than (18) inches from the building except where specifically allowed in this chapter. FreestandinQ SiQn Placement All signs not attached to any building or structure shall maintain at least a (10) foot setback from any lot line and shall not be placed in a street right-of-way unless specifically stated otherwise in this chapter. No such sign shall project over a property line or a public right-of-way, except where allowed in this chapter, and all required clearances from overhead power and service lines must be maintained. Signs placed near the corner of two intersecting streets shall comply with clear sight triangle requirements in section 32-246. Illumination All illuminated signs must be in compliance with the city's outdoor lighting requirements in section 44-20. In addition, illumination for all signs shall be constant and steady. See also item (d) under prohibited signs. 9 Special Purpose and Temporary Signs Permitted in All Zoning Districts All signs listed below do not require a sign permit and shall not count towards the building or property maximum signage allowed unless otherwise noted: Construction Siqns One construction sign is permitted just prior to or during construction of a development. Each construction sign shall not exceed a ratio of (1) square foot of sign area for each (1,000) square feet of lot area. In no case shall the area of the sign exceed (64) square feet and (10) feet in height. The sign shall be removed after major construction has finished. Directional Information Siqns On-site directional information signs not exceeding (6) square feet and (6) feet in height are permitted for all types of property except single and double-dwelling lots. Garaqe Sale Siqns Garage sale signs not exceeding (3) square feet and (3) feet in height are permitted on private property or in the public right-of-way. No part of such sign shall be closer than (5) feet to the street pavement or (1) foot to a sidewalk or trail. Said sign shall not be located between the street and a sidewalk or trail. Signs in the public right-of-way at an intersection are limited to (1) garage sale sign per corner at each intersection, with a maximum of (4) separate garage sale signs intersection. All signs shall display the actual dates of the sale and may be erected (1) day prior to the sale and must be removed within (1) day after the sale. Menu Boards Menu boards shall not exceed sixty-four (64) square feet and (6) feet in height. Menu boards shall not be located as to impair the vision of the driver of a vehicle traveling into, out of, or through the drive through isle. No Trespassinq Siqns Signs not exceeding (9) square feet, located upon private property, and directed towards the prevention of trespassing. On-Site Real Estate Siqns (a) For single and double dwelling lots, (1) on-site real estate sign not exceeding (9) square feet is permitted for each street upon which the property has frontage. (b) For all other types of property, (1) on-site real estate sign is permitted for each street upon which the property has frontage. Each sign shall not exceed a ratio of (1) square foot of sign area for each (1,000) square feet of lot area. In no case shall the area of anyone sign exceed (64) square feet or (10) feet in height. (c) All real estate signs shall pertain to the sale, lease, or rental of the property only and must be removed within (7) calendar days of the close of the property or when 90 percent or more of the dwelling units on the property have been sold, leased, or rented. 10 Off-Site Directional or Open House Real Estate Signs Off-site directional or open house real estate signs not exceeding (3) square feet and (3) feet in height may be placed on the public right-of-way. No part of such sign shall be closer than (5) feet to the street pavement or (1) foot to a sidewalk or trail. Said sign shall not be placed between the street and a sidewalk or trail. Signs are limited to (1) real estate listing and (1) open house sign per corner at each intersection, with a maximum of (4) separate real estate listings and (4) separate open house signs per intersection. Off-site directional signs may be placed in the right-of-way for (30) days per real estate listing and open house real estate signs may be placed in the right-of-way on the day of the open house only. Off-Site Real Estate Siqns Off-site real estate signs exceeding (3) square feet may be placed on private property. Such signs require a permit, shall not be located in the right-of-way, and the sign ownerlinstaller must supply written permission to the city from the property owner on which property the sign is installed. Each development is limited to one such sign. The maximum area of any such sign shall be (64) square feet and the maximum height shall be (6) feet. The sign must be removed when at least 90 percent of the dwelling units approved by the city have been sold or rented. Noncommercial Opinion Sions (a) For residential uses, one sign that expresses an opinion or a viewpoint of a non-commercial nature is allowed per property. The noncommercial opinion sign shall not be illuminated or exceed (32) square feet iand (6) feet in height. For multiple-unit developments, the sign must be attached to the dwelling unit or placed in a location that clearly indicates ownership and does not represent the opinions of other residents in the area who have not agreed to the sign. (b) For all other types of property, the signs allowed by this chapter may contain opinion messages but shall not exceed (64) square feet in total area. Political Campaiqn Siqns (a) For local regular elections and referendums, political campaign signs may be posted from August 1 until ten (10) days following said election or referendum. (b) For local special elections and referendums, political campaign signs may be posted from date of filing until ten (10) days following said special election or referendum. (c) Political campaign signs shall not exceed sixteen (16) square feet and six (6) feet in height. (d) The number of political campaign signs on one property during an election season is limited to one (1) per candidate and one (1) per opinionlballot issue, (e) All political campaign signs shall be setback at least five (5) feet from the edge of the nearest street and at least one (1) foot from any sidewalk or trail. Said signs shall not be placed between a street and a sidewalk or trail or at any other location that obstructs driver or pedestrian visibility, The consent of the underlying property owner, if the underlying land is a public right-of-way, or the property owner fronting the proposed location, must be obtained 11 before placement of such sign. In addition, political campaign signs are prohibited on obviously public property and utility poles. (f) In a state general election year, the size, number, and duration of political campaign sign displays shall comply with the provisions of Minnesota Statute 211.B.045, and nothing in this chapter shall be construed as applicable except location restrictions. Proiect Siqns One project sign is permitted per property just prior to or during construction. Each project sign shall not exceed a ratio of (1) square foot of sign area for each (1,000) square feet of lot area. In no case shall the area of the sign exceed (64) square feet and (10) feet in height. The sign shall be removed after major construction has finished. Project signs may be utilized to advertise property for lease or sale just prior to construction, but must be used in lieu of a separate real estate sign. Temporary Siqns and Displays Under (12) Square Feet One (1) non-illuminated temporary sign or display under (12) square feet is allowed per property (except for single and double dwelling properties) for a period not to exceed (30) days total per sign. For commercial buildings with multiple occupants, each separate tenant is permitted (1) such sign. No more than (3) temporary signs under (12) square feet shall be allowed at a property at anyone time Siqns in Residential Zoninq Districts (Districts R-1, R-1R. R-S, R-E, R-2. AND R-3) All signs require a sign permit unless otherwise noted. Professional Occupation Siqns One professional occupation sign of not more than (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. This should be one wall siqn per street frontaqe. This should include churches. schools, libraries. community centers or other institutions - or any use allowed in residential. Wall Siqns One wall sign up to (24) square feet shall be allowed for residential subdivisions and multiple- unit developments and for all legal non-residential uses excluding home occupation businesses. The sign may be affixed to the wall of the main building or an overhanging canopy or awning. Monument Siqns One monument sign up to (32) square feet shall be allowed by sign permit for residential subdivisions and multiple-unit developments and for all legal non-residential uses excluding home occupation businesses. Said sign shall be a maximum of (6) feet in height. The sign shall be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors and materials compatible to the building or project. The area around the base of the sign shall also be landscaped, 12 ChanQeable COpy MessaQe Boards Changeable copy message boards are permitted as part of a permanent freestanding monument sign or wall sign for all legal non-residential uses excluding home occupation businesses. The message board shall not comprise more than 50 percent of the total square footage of said sign. Temporary Banners Temporary banners may be displayed without a permit for residential subdivisions and multiple- unit developments and for all legal non-residential uses excluding home occupation businesses for a period not to exceed (60) days total per year, per property. No more than (1) banner may be displayed per property at anyone time. Each banner shall not exceed (32) square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. Temporary SiQns and Displavs Over (12) square feet One temporary sign or display over (12) square feet is permitted by sign permit for up to (30) days per year, per property. However, the permit fee shall not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other non-profit organizations or groups for the purpose of identifying a non-commercial, one-time, or annual special event. In no case shall the area of the sign exceed (32) square feet or the height of the sign exceed (8) square feet. The time period may be extended to (60) days during the first year of operation of a new business and (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. Signs In the LBC (Limited Business Commercial), CO (Commercial Office), and NC (Neighborhood Commercial) Zoning Districts All signs require a sign permit unless otherwise noted. Professional Occupation SiQns One professional occupation sign of not more than (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. Wall SiQns (a) For each occupant of a building, (1) wall sign is allowed for each street upon which the property has frontage. The total number of wall signs may be increased by (1) for each clearly differentiated department of a business or enterprise. (b) The total area of any (1) wall sign shall not cover more than 20 percent of the wall surface to which the sign is attached or (32) square feet, whichever is greater. As an alternative, a wall sign may be placed on an overhanging awning or canopy as long as the wall sign does not exceed 50 percent of the face of the awning or canopy, or (32) square feet, whichever is less. (c) For multiple tenant buildings, the wall surface for each tenant or user shall include only the surface area of the exterior facade of the premises occupied by such tenant or user. 13 Freestandina Sians One freestanding sign up to (64) square feet and (10) feet in height is permitted for each street upon which the building has frontage. For buildings with multiple street frontages, each additional freestanding sign must be located on a different street and each said sign must be separated by more than (100) feet measured in a straight line between the signs. The sign shall be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors and materials compatible to the building or project. The area around the base of the sign shall also be landscaped including the bottom of a pylon sign. Chanaeable COpy Message Boards Changeable copy message boards are permitted as part of a permanent freestanding sign or wall sign but are limited to comprising no more than 70 percent of the total square footage of said sign. Temporary Banners (a) For single tenant buildings, temporary banners may be displayed without a sign permit for a period not to exceed (60) days total per year, per property, No more than (1) banner may be displayed per property at anyone time, except for multiple-tenant buildings (see below), (b) For multiple tenant buildings, each separate tenant may display temporary banners without a sign permit for a period not to exceed (60) days total per year, per property. No more than (1) banner may be displayed per separate tenant at anyone time. (c) Each banner shall not exceed (32) square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered, Temporary Window Sians Temporary window signs are allowed without a permit for a period not to exceed (30) days total per sign, per year. Temporary window signs shall be neatly painted or attached to the surface of a window, but shall cover no more than 30 percent of the total area of the window. Temporary Signs and Displavs Over (12) Sauare Feet One temporary sign or display over (12) square feet is permitted for up to 30 days per year, per business. However, the permit fee shall not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other non-profit organizations or groups for the purpose of identifying a non-commercial, one-time, or annual special event. In no case shall more than one temporary sign or display be displayed per property at anyone time. The sign or display shall not exceed (32) square feet or (8) feet in height. The time period may be extended to (60) days during the first year of operation of a new business and (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. 14 Signs in the BC (BusinessCommerciall. BC-M (Business Commercial Modified). M-1 (Light Manufacturing). and M-2 (Heavy Manufacturing) Zonina Districts All signs require a permit unless otherwise noted. Professional Occupation Sions One professional occupation sign of not more than (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. Wall SiQns (a) For each occupant of a building, one wall sign is allowed for each street upon which the property has frontage. The total number of wall signs may be increased by one for each clearly differentiated department of a business or enterprise. (b) The total size of all wall signage for single-tenant buildings is determined by the gross square footage of the principal structure on the property. The total coverage area of each wall sign, including each differentiated business, shall be based on the wall surface to which the sign is attached. (c) The following table indicates maximum signage permitted for single-tenant buildings: Principal Structure Gross Maximum Size and Coverage Square Feet of Floor Area Area of Each Sign Less than 10,000 sq. ft 80 sq. ft. or 20% of wall face, whichever is less 10,000 to 20,000 sq. ft. 100 sq. ft. or 20% of wall face, whichever is less 20,000 to 100,000 sq, ft, 150 sq. ft. or 15% of wall face, whichever is less Greater than 100,000 sq. ft. 200 sq. ft. or 10% of wall face, whichever is less (d) The total coverage area of each wall sign for multiple-tenant buildings is (10) percent of the surface area of the exterior fagade of the premises occupied by such tenant, or 32 square feet, whichever is more. (e) A wall sign may be attached to an overhanging awning or canopy, instead of the fagade of the building, as long as the wall sign does not exceed 50 percent of the face of the awning or canopy, or the maximum size specified above, whichever is less. Gas Station Canopies Gas stations are allowed (1) additional wall sign that may be attached to the fagade of the building or the overhanging canopy above the pump island. The wall sign on the canopy shall 15 not exceed 50 percent of the face of the canopy, or the maximum size specified above, whichever is less. Freestandino Sions (a) One freestanding sign is permitted for each street upon which the property has frontage. For properties with multiple street frontages, each additional freestanding sign must be located on a different street and each sign must be separated by more than (100) feet measured in a straight line between signs, excluding auto dealerships. (b) The total size and maximum height of each freestanding sign is determined by the street classification of the closest street to which each freestanding sign is located. In the case of signs located at an intersection, the higher ranking street classification should be used to determine the maximum height and size allowable for a freestanding sign. Businesses that are located on a frontage road designed to provide safe access to minor arterials and principal arterials shall be permitted to erect a freestanding sign up to the determined maximum height and size allowable for a freestanding sign on said minor arterial or principal arterial road to which it is adjacent. . (c) The following table lists the maximum size and heights permitted for freestanding signs: Classification of Street Maximum Sign Maximum Height of Maximum Height of Abutting Property Size (sq. ft.) Pylon Sign (feet) Monument Sign (feet) Principal Arterial 180 25 12 Minor Arterial 140 20 12 Collector Street 100 15 10 Local Street 80 12 10 (d) The freestanding sign shall be designed to be architecturally compatible with the building or project, with the base of the sign, including pylon sign poles, consisting of materials and colors compatible to the building or project. The area around the base of the sign shall also be landscaped, Chanoeable Copv Messaoe Boards Changeable copy message boards are permitted as part of a permanent freestanding sign or wall sign but are limited to comprising no more than 70 percent of the total square footage of said sign. Electronic Messaoe Boards Electronic message boards as defined (public service signs) are permitted as part of a permanent freestanding sign or wall sign, provided that, the sign comprises no more than 50 percent of the total square footage of said sign. No such sign containing an electronic message board shall be erected closer than (75) feet from any residential land use district on which there exists structures used for residential purposes. 16 Auto Dealerships Auto dealerships may have one freestanding sign identifying the dealership, plus one freestanding sign advertising each car franchise. The maximum sign area and height for the freestanding signs shall be determined by the classification of the abutting roads, as specified above. More than one freestanding sign may be allowed per street frontage provided said signs are separated by more than (150) feet measured in a straight line between the signs. Billboards (a) Off-premise billboards shall only be permitted with a conditional use permit and may only be located adjacent to a principal arterial street in the SC (shopping center), BC (business commercial), M-1 (light manufacturing), and M-2 (heavy manufacturing) districts, (b) Spacinq No billboard sign shall be located within (2,300) feet to another billboard on the same side of the street, within (100) feet to a commercial, industrial, institutional building, or an on-premises sign, and within (250) feet to a residential district or (800) feet to a residence. Billboards shall maintain a setback of (50) feet from any property line, (500) feet to a local park, and (300) feet from the nearest intersecting street corner of two public roads. (c) Size. The maximum area of the sign face of a billboard shall not exceed (450) square feet, including border and trim, but excluding base, apron supports, and other structural members. The said maximum size limitation shall apply to each side of a sign structure. Signs may be placed back-to-back or in a V-type arrangement if there are no more than (2) sign faces, provided that the open end separation shall not exceed (15) feet. A billboard may only display one message at a time on any sign face. The maximum height for billboards shall be (35) feet. Temporary Banners (a) For single tenant buildings, temporary banners may be displayed without a sign permit for a period not to exceed (60) days total per year, per property. No more than (1) banner may be displayed per property at anyone time, except for multiple-tenant buildings (see below). (b) For multiple tenant buildings, each separate tenant may display temporary banners without a sign permit for a period not to exceed (60) days total per year, per property. No more than (1) banner may be displayed per separate tenant at anyone time. (c) Each banner shall not exceed (64) square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. Temporary Window Siqns Temporary window signs are allowed without a permit for a period not to exceed (30) days total per sign, per year. Temporary window signs shall be neatly painted or attached to the surface of a window, but shall cover no more than 30 percent of the total area of the window. Temporary Siqns and Displavs Over (12) Square Feet One temporary sign or display over (12) square feet is permitted for up to 30 days per year, per business each calendar year by sign permit. However, the permit fee shall not be charged for 17 temporary signs and displays erected by civic organizations, religious organizations, or other non-profit organizations or groups for the purpose of identifying a non-commercial one-time or annual special event. The time period may be extended to (60) days during the first year of operation of a new business and (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. In no case shall more than one temporary sign or display be displayed per property at anyone time. The sign or display shall not exceed (64) square feet or (8) feet in height. Sians In the Mixed-Use (M-U) Zoninll District Sian Review The community design review board shall review all signage on new buildings or developments to ensure that the signs meet mixed-use sign requirements and are architecturally compatible with the new building or development. In addition, the community design review board shall review all comprehensive sign plans as required in section 44-736 (comprehensive sign plan). All signage on mixed-use buildings or developments (buildings or developments previously approved and built with mixed-use design standards) shall be reviewed by the director of community development and shall be done in a manner that is compatible with the original scale, massing, detailing and materials of the original building. All signage on non-mixed-use buildings or developments (buildings or developments not built with mixed-use design standards) shall be reviewed by the director of community development and shall comply with the mixed-use sign requirements, unless classified asa pre-existing nonconforming sign in which case it shall comply with section 44-12 (nonconforming buildings or uses). Proiectinq Siqns Projecting signs are allowed as part of the overall signage. Projecting signs may not extend more than four (4) feet over a public right-of-way and a private road or sidewalk, and must not project out further than the sign's height. Overall Wall Siqns Allowable area of overall wall and projecting signage for each establishment is one and one-half (1 Y:!) square feet of signage per lineal foot of building or frontage on a road, public open space or private parking area, or thirty (32) square feet, whichever is greater. Each wall shall be calculated individually and sign area may not be transferred to another side of the building. Minor motor vehicle stations with canopies are allowed to place signage on the canopy and the building as long as they do not exceed the requirements above. Wall and projecting signs shall not cover windows or architectural trim and detail. Freestandinq Siqns One (1) freestanding sign for each establishment is allowed if the building is set back at least twenty (20) feet or more from the front property line. Freestanding signs must meet the following requirements: (a) Limited to six (6) feet in height and forty (40) square feet. (b) Maintain a five-foot (5') setback from any side or rear property line, but can be constructed up to the front property line. 18 (c) Must consist of a base constructed of materials and design features similar to those of the front fagade of the building or development. (d) Must be landscaped with flowers or shrubbery. Prohibited Siqns in the M-U Zoninq District (a) Signs or sign structures attached or supported on balconies, fences, or other non- permanent structures. (b) Signs attached or supported on a permanently parked vehicle or semi-trailers intended to advertise a business, product, or service. Not including signs painted directly on a parked vehicle or semi-trailer used in the business or facility or on site for business purposes. (c) Signs on rocks, trees, or other natural features or public utility poles. (d) Signs that have blinking, flashing, fluttering lights, make noise, or change in brightness or color except for electronic message boards that display only time and temperature or similar public service messages according to the requirements specifically outlined in this chapter. (e) Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or opening intended to provide ingress or egress for any building structures. (f) Signs that by reason of location, color, or intensity create a hazard to the safe, efficient movement of vehicles or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls such as "stop," "caution," "warning," etc., unless such sign is intended to direct traffic on the premises, (g) Painted wall signs. (h) Roof signs. (I) Signs that advertise a product or service not sold on the property, except for billboards or other off-site signs where specifically permitted in this chapter, OJ Signs having features or incorporating parts of any sign prohibited in this chapter. (k) Electronic message boards and changeable copy message boards, except for changeable copy message boards that display gas prices at minor motor vehicle fuel stations. 19 Attachment 3 ORDINANCE NO. AN ORDINANCE AMENDING THE SIGN AND LICENSING CODE TO ALLOW DYNAMIC DISPLAY SIGNS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Section 44-737 (prohibited signs): Signs that are not specifically permitted in this article are hereby prohibited. The following signs are specifically prohibited: (3) Signs that have blinking, flashing or fluttering lights. Signs that give public service information, such as time and temperature are exempt. Section 2. This amendment revises Section 44-807 (temporary signs): .ill Temporary sians with blinkina, f1ashina, or flutterina liahts or with dynamic displavs are prohibited. Section 3. This amendment revises Section 44-736 (comprehensive sign plan): A comprehensive sign plan shall be provided for the followina: (1) business premises which occupy the entire frontage in one or more block fronts or for the whole of a shopping center or similar development having five or more tenants in the project;J6} dynamic display wall sians; (3) larae campuses consistina of buildinas and land of ten or more acres, and (4) shared sians. Such a plan, which shall include the location, size, height, color, lighting and orientation of all signs, shall be submitted for preliminary plan approval by the city"; provided that, if such compmhensi'/e plan ic precented, eE;xceptions to the sign code schedule regulations .of this article may be permitted for fA IRe sign areas, afl€i densities, and dvnamic display chanaeover rates for the plan as a whole if the sians are in conformity with the intent of this article, and if such exceptions results in an improved relationship between the various parts of the plan, and encouraaes and promotes the removal of nonconformina sians throuah the use of shared sians. Comprehensive sign plans shall be reviewed by the community design review board, The applicant, staff, and city council may appeal the community design review board's decision, An appeal shall be presented to citv staff within 15 days of the communitv desian review board's decision to be considered by the city council. Section 4. Adopt an off-site and on-site dynamic display sign ordinance to be included in the city sign code (Article III, Section 44-731 through Section 44-1024) as follows: a. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction of drivers can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. In such a case, drivers may watch a sign waiting for the next change to occur. Drivers also are distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers could be more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Due to these public safety concerns, the city should only allow the use of these technologies with certain restrictions. The restrictions are intended to minimize driver distraction, to minimize their proliferation in residential districts where signs can adversely impact residential character, and to protect the public health, safety, and welfare. Local spacing requirements could interfere with the equal opportunity of sign owners to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact on drivers would be compounded in a traffic corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, requiring a limit on display times on dynamic signs is in the public interest. A constant message is typically needed on an on-site sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driving conduct through last-second lane changes, stops, or turns, all of which could result in traffic accidents. In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off and on-site signs but with significant controls to minimize their proliferation and their potential threats to public health, safety, and welfare. b. Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement are exempt from this ordinance. c. Noncommercial dynamic display signs are allowed wherever commercial dynamic display signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. 2 d. Standards for all dynamic display signs: (1) The images and messages displayed on the sign must be complete in themselves, without continuation in content to the next image or message or to any other sign; (2) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. (3) Dynamic display signs 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 discontinue the display if it malfunctions, and the sign owner must stop the dynamic display within one hour of being notified by the city that it is not meeting the standards of this ordinance. (4) Dynamic display signs must meet the brightness standards contained in subdivision (h) below e. On-site dynamic display signs are allowed subject to Article III (Sign Regulations) of the city's zoning code, the above-mentioned standards for all dynamic display signs, and the following additional conditions: (1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M- 2 and M-1) zoning districts only. (2) The images and messages displayed on the on-site dynamic display sign must be static and each display must be maintained for a minimum of two minutes; and the transition from one static display to another must be instantaneous without any special effects. (3) Are allowed as part of a permanent freestanding sign, provided that the sign comprises no more than 50 percent of the total square footage of said sign face, (4) Must be located at least 200 feet from any property which there exists structures used for residential purposes or from any park or open space land use district. (5) Must be located at least 100 feet from any side property line. (6) Display and advertisement of products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises only or which give public service information. f. Off-site dynamic display signs are allowed subject to Sections 44-836 - 44-841 (Billboards) of the city's zoning code, the above-mentioned standards for all dynamic display signs, and the following additional condition: 3 The images and messages displayed on the sign must be static and each display must be maintained for a minimum of 15 seconds and the transition from one static display to another must be instantaneous without any special effects. g. Incentive. Off-site signs do not need to serve the same way-finding function as do on-site signs and they are distracting and their removal serves the public health, safety, and welfare. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off-site signs in certain settings. This sign removal results in an overall advancement of one or more of the goals seUorth in this section that should more than offset any additional burden caused by the incentive. These provisions are also based on the recognition that the incentive creates an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout Maplewood. Reduction of Sign Surfaces (1) A person or sign operator may obtain a permit for a dynamic display sign on one surface of an existing off-site sign if the following requirements are met: (a) The applicant agrees in writing to reduce its off-site sign surfaces by one by permanently removing, within 15 days after issuance of the permit, one surface of an off-site sign in the city that is owned or leased by the applicant, which sign surface must satisfy the criteria of part (2) of this subsection. This removal must include the complete removal of the structure and foundation supporting each removed sign surface. The applicant must agree that the city may remove the sign surface if the applicant does not do so, and the application must identify the sign surface to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city's costs for that removal. The applicant must also agree that it is removing the sign surface voluntarily and that it has no right to compensation for the removed sign surface under any law, Replacement of an existing sign surface of an off-site sign with a dynamic display sign does not constitute a removal of a sign surface. (b) If the removed sign surface is one that a state permit is required by state law, the applicant must surrender its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until the sign owner or operator provides proof to the city that the state permit has been surrendered. (2) If the applicant meets the permit requirements noted above, the city shall issue a dynamic display sign permit for the designated off-site sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than once every 15 seconds. The designated sign must meet all other requirements of this ordinance. 4 h. Brightness Standards. (1) The following brightness standards are required for all dynamic display signs: (a) No sign shall be brighter than is necessary for clear and adequate visibility. (b) No sign shall 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. (c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (2) The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city's instructions, The adjustment must be made within one hour upon notice of non-compliance from the city. (3) All dynamic display signs installed after August 20, 2008, must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one hour after being notified by the city that it is not meeting the standards of this section. (4) In addition to the brightness standards required above, dynamic display signs shall meet the city's outdoor lighting requirements (section 44- 20(1)). i. Public Safety. If city staff determines that a dynamic display sign is not being operated pursuant to this ordinance due to its location or display capabilities, city staff can require that the sign be moved, removed, or modified after notice to the property owner. Section 5. Adopt an off-site and on-site dynamic display sign licensing ordinance to be included in the city licensing code (Article II, Section 14-26 through Section 14-1437) as follows: a. Purpose and Findings, The purpose and intent of this chapter is to establish rules, regulations and standards for dynamic display signs within the City of Maplewood. b. Definitions. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially available televisions or 5 computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement used are exempt from this ordinance. 'State law references - The 1965 Highway Beautification Act and corresponding state laws are in place to provide for effective control of outdoor advertisement. Roadside billboards fall under this category. It is the intent that the cities regulations adhere to these overriding federal and state statutes. c. License Required. No person shall operate an off-site or on-site dynamic display sign in the city without first obtaining a license. Licenses are required to be reviewed annually. d. License Fee and Term of License. Licenses issued pursuant to this chapter are transferable from one owner to another. The amount to be paid for a license required by this chapter shall be equal to the cost of the dynamic display sign permit, established and fixed by the city council, by resolution, from time to time, e. Application for Issuance of License. Applications for a license required by this chapter shall be made to the city on a form supplied by the city, a minimum of thirty (30) days prior to the desired start date, The applicant shall state the full name and address of the applicant; the full business name and address of the applicant; contact phone numbers; the locationllegal description of the premises where said dynamic billboard will be located; a letter describing operation; a site plan showing location of the dynamic display sign, and such other information as required by the applicant form, f. Application Process. The completed application shall be presented to the city clerk for review by the community development department. If the community development department finds the license meets the dynamic display sign code requirements, the city clerk shall issue a license. g. Inspection. The premises of any licensee under this chapter shall be open to inspection at any time during business hours by any authorized officer of the city. h. Duration; renewal. Any license issued under this chapter shall be for one year only, and the application for renewal must be presented to the city clerk each year. The city shall have the right not to reissue a license for a dynamic display sign if the sign is found to be noncompliant with the city's dynamic display sign code. The licensee has the right to appeal such license denial to the city council. 6 Section 6. This ordinance shall take effect after the city publishes it in the official newspaper. The City Council approved the first reading of this ordinance on July 28, 2008. The City Council approved the second reading of this ordinance on August 11, 2008. Mayor Attest: City Clerk 7