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HomeMy WebLinkAbout2010-03-01 BEDC Packet AGENDA CITY OF MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION Monday, March 1,2010 7:00 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: 5. New Business: a. City Council Welcome - Councilmember James Llanas (no report) b. City Manager Welcome - Jim Antonen (no report) c. Swearing In of Commission Members (no report) d. Staff introduction and background of BEDC and EDA (no report) e. BEDC Member Introductions and Goals (no report) f. Business Retention Tour g. Business Baseline Survey h. Sign Ordinance Amendments 6. Unfinished Business: 7. Visitor Presentations: 8. Commission Presentations: 9. Staff Presentations: 10. Adjourn - 9 p.m. *Next meeting scheduled for April 5, 2010 at 7 p.m. in the city council chambers* MEMORANDUM TO: FROM: James Antonen, City Manager Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director Business Retention Tour February 23, 2010 SUBJECT: DATE: INTRODUCTION The creation of the economic development authority (EDA) and business and economic development commission (BEDC) has established the movement towards a greater emphasis on economic development in the city of Maplewood. Staff has been devising methods to promote these initiatives to the general public and business community. Staff has met with several business groups to announce the formation of the EDA and BEDC. In addition to meeting with these groups, the city has been using its traditional and established methods of communication to promote the economic development initiatives. These methods include the use of the city's website, newsletters and the broadcast of public meetings. In addition to these efforts, staff would like to initiate a Business Retention Tour to personally visit businesses in the city to better promote its economic development efforts. DISCUSSION Staff has developed a plan for a Business Retention Tour to visit businesses in order to make them more aware of the city's efforts, as well as to garner feedback from the business community. The city would be divided into five sections. These sections would not be equal geographically, since many of the city's businesses have clustered into certain areas of the city. The goal is to create five sections that have an equal number of businesses. Each of these sections would be assigned a council/EDA member, one or two BEDC members and a staff member. Each of these five teams would visit a percentage of businesses in their section to make direct, individual contact with business owners. These meetings would be informal gatherings, mainly to make initial contact and to encourage engagement from the business community. The Business Retention Tour has the potential to become an annual event in order to cover a larger percentage of businesses over time. In addition to the tour, staff would propose holding an open house in the winter/spring of 2011 to note the one year mark of the city's economic development efforts. The open house date and time would be promoted during the individual site visits on the Business Retention Tour. At the open house, the city would highlight and present the work that has been done by the EDA and BEDC and showcase the resources available to the business community to assist in the success and growth of their operations. Staff would like to have the teams and sections established by the beginning of summer so site visits and meetings can begin to be scheduled. Staff envisions these meetings to last about 20- 30 minutes to allow for the business owner to be made aware of the city's plans and to hear any concerns or feedback from the owner. RECOMMENDATION Review this memo and come to the March 1,2010 BEDC meeting prepared to discuss your thoughts on the business retention tour. MEMORANDUM TO: FROM: James Antonen, City Manager Michael Martin, AICP, Planner Soham Banerji, Intern DuWayne Konewko, Community Development and Parks Director Business Baseline Survey February 23, 2010 SUBJECT: DATE: INTRODUCTION Currently, city staff relies on economic data collected and analyzed by the Metropolitan Council, State of Minnesota and the U.S. Census. This data is valuable, but often is not timely or specific enough to Maplewood. To complement this data, staff is developing methods in order to get a clearer picture of what the economic conditions are in Maplewood. DISCUSSION To begin this effort, staff is preparing a business baseline survey. This survey will look to document the types of businesses in Maplewood, while also inquiring about the business community's opinions on the city. Staff would like to find out what businesses feel the city is doing well and what it could be doing better. The survey will also attempt to find out what kind of expansion plans businesses have and what the city can do to assist. City staff has compiled a database of more than 800 businesses in the city of Maplewood. This database was compiled by using registries from the city clerk and fire departments. Staff will scientifically select a random sample of businesses from this database. It is staff's intent to send this survey out annually to the same businesses to generate a picture over time of how feelings towards city efforts and the business climate have changed. Staff plans to finalize the survey and select the businesses in the upcoming weeks. The survey will ask businesses to return the survey within two weeks and will include a self-addressed envelope with return postage. Staff will follow up with businesses yet to return surveys to promote a high response rate. Staff has drafted a series of questions to include on the survey. These questions are attached to this report. Currently, there are more questions then would be included on the final survey. The survey would consist of a single-page of questions. Staff feels a single-page will help encourage a higher level of response from business owners. Staff wanted to include additional questions so the business and economic development commission (BEDC) can provide feedback as to what questions and topics should be focused on. Staff would also encourage the BEDC members to suggest additional questions or topics to be considered for use in the survey. RECOMMENDATION Review the survey of questions attached to this report and come to the March 1, 2010 BEDC meeting prepared to discuss. p:bedc\agendareports\201 0103011 OIBusiness Baseline SurveL022310 Attachments: 1. Draft Survey Questions Attachment 1 Survey Outline: Section 1: General information Name Contact Information (i.e. email, phone,) Name of Business Industry Number of employees Number of employees you hope to employ one year from now Section 2: Business Location Number of years/months/days business has been in operation in Maplewood How would you rate the City of Maplewood as a location for your business? How would you rate the business regulatory environment in Maplewood? How would you rate the crime rate in Maplewood? Is your business planning to stay in Maplewood? Does Maplewood have a good customer base for your business? How would you rate the proximity of Maplewood to major markets? How would you rate the proximity of Maplewood to service suppliers? Is your business planning to expand in the next year? Does the city of Maplewood serve your expansion needs? Section 3: Employment How many full-time employees does your business employ in Maplewood? How many part-time employees does your business employ in Maplewood? Approximately what percentage of your employees lives in Maplewood? Approximately what percentage of your business employs high school graduates? Approximately what percentage of your business employs college graduates? How would you rate Maplewood on its availability or proximity to continuing education opportunities? Section 4: Expenses What are your businesses major expenses? How would you rate Maplewood on the availability of rental space? How would you rate Maplewood on the cost of rental space? How would you rate Maplewood on the availability of land for your business? How would you rate Maplewood on the cost of land? Would your business be interested in loan or grant funds to help with business retention and/or expansion? Attachment 1 Section 5: Sustainable Development and the Environment Does your business currently recycle? Does your business plan to recycle/expand recycling in the next year? How would you rate Maplewood on its environmental quality? Do you think the city of Maplewood needs to do more to encourage sustainable development? Section 6: Opinions List 5 Strengths of Maplewood as a place to do business. List 5 Weaknesses of Maplewood as a place to do business. List 5 factors that affect your businesses ability to attract and retain customers. What are your suggestions on improving the city of Maplewood as a business environment? MEMORANDUM TO: FROM: James Antonen, City Manager Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director Sign Ordinance Amendments February 23, 2010 SUBJECT: DATE: INTRODUCTION On January 25, 2010, the city council approved the second reading of amendments to the sign ordinance - the first overhaul since the sign ordinance was originally adopted in 1977. Since 1977 only minor revisions had been made. 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 until June 1, 2009, when the city council directed staff to bring the sign ordinance back to the CDRB in order to obtain updated comments from the public prior to a first reading. During the months of August through October 2009, staff obtained updated review and feedback from various business associations, CDRB, planning commission, and parks and recreation commission on the proposed sign ordinance revisions. Staff made minor changes to the sign ordinance based on these reviews and presented the ordinance to the City Council on November 23,2009, for a first reading. The city council did not approve amendments to two areas of the sign code - temporary banners and window signage. Council directed staff to bring this ordinance to the business and economic development commission (BEDC) to provide advisory comments on these two areas. DISCUSSION Staff has attached two documents to this report. The first document is a summary of the major changes to the sign ordinance which were adopted by the council on January 25, 2010. The second document is the entire sign ordinance. As previously stated, no changes were made to the temporary banners or window signs portion of the ordinance. Staff will bring this item to the BEDC at its meeting on April 5, 2010. Staff wanted to get the documents out to commission members ahead of the April meeting so there would be enough time to review the ordinance and consider amendments to the temporary banner and window signage sections. RECOMMENDATION Review the two documents attached to this report for the April 5, 2010 BEDC meeting. pbedc\agendareports\201010301101Sign Ordinance Amendments_02231 0 Attachments: 1. Maplewood Changes Made to the Sign Ordinance 2. Sign Ordinance Final - 1-25-10 Attachment 1 Maplewood Sign Ordinance - Adopted on January 24,2010 Major Changes Made to the Sign Ordinance Temporary Signs Temporary Portable Signs: The previous sign ordinance allowed 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 require a permit which is valid for 30 days per year, per business (60 days for new businesses). The new sign ordinance limits portable temporary signs under 12 square feet to one per property without a permit and signs 12 square feet and over to one per property with a permit These signs can be installed for a maximum of 30 days per year, per business (60 days for new businesses). 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 anyone time and only one sign over 12 square feet at anyone time on the entire property. Commercial Window Signs: The previous ordinance allowed businesses to place signs in windows not to exceed 75 percent of the total area of the window with no time duration. The new ordinance kept this language the same, but the City Council directed the Business and Economic Development Commission to review these regulations further. Off-Site Real Estate Directional Signs: The previous sign ordinance allowed off-site real estate directional signs to be located in road right-of-ways from 12 noon until 8 p.m. on the weekdays and from 6 a.m. Saturday to 8 p.rn on the last day of the weekend. The new sign ordinance will allow off-site real estate directional signs in the road right-of-way. These signs are limited to 30 days per real estate listing and must have the contact information and date of installation clearly marked on the sign. Open house signs are allowed in the road right-of-way on the day of the open house only with no contact information or date requirements as specified for real estate directional signs above. Temporary Banners: The previous sign ordinance allowed temporary banners up to 150 square feet, or 20 percent of the gross wall area of the building. One banner per property (or tenant) was allowed for up to 30 days. If a banner was to be installed for more than 30 days, a permit was required. The ordinance stated further that the city may allow exceptions to these requirements if the applicant can show there are unusual circumstances with the request The new sign ordinance kept this language the same, but the City Council directed the Business and Economic Development Commission to review these regulations further. Opinion Signs: The previous sign ordinance did not address signs that express a viewpoint of a non-commercial nature. The new sign ordinance limits such signs to one per property, up to 16 square feet per property. In addition, the new sign ordinance includes a substitution clause which allows the substitution of noncommercial messaging on any permitted sign. 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 size of political campaign signs to 16 square feet, the number of signs to one per candidate per property, and timeframe for placement from August 1 to 10 days after an election. The new sign ordinance expands on this language to cover special elections. It allows political campaign signs to be posted for special elections or referendums from the date of filing until 1 0 days following the special election or referendum. In addition, language was added to require unsuccessful primary candidates to remove their political campaign signs 10 days after the primary election. Commercial Signs (Areas Zoned LBC, CO, NC, BC, BC-M, M1, and M2) Wall Signs: The previous sign ordinance allowed wall signs up to 20 percent of the gross wall area on which it was attached for all commercial areas. The new sign ordinance would change the calculation of wall signage allowance in the BC, BC-M, M1 and M2 zoning districts to the gross square footage of the principal structure on the property as follows: Principal Structure Gross Sq. Ft. of Maximum Size and Coverage Area of Each Floor Area Si!ln Less than 10,000 sa. ft 80 sa. ft or 20% of wall face, whichever is less 10,000 to 20,000 Sa It 100 Sa ft. or 20% of wall face, whichever is less 20,000 to 100,000 sa ft 150 sa. It or 15% of wall face, whichever is less Greater than 100,000 sa. ft 200 sa. It or 10% of wall face, whichever is less The new sign ordinance allows wall signs for the LBC, CO, and NC zoning districts to continue to be calculated by using 20 percent of the gross wall area on which the sign is attached Freestanding Signs: The previous sign ordinance regulated freestanding sign size and height within the BC, BC-M, M1, and M2 zoning districts based on the size of the lot and setback of the sign. The maximum freestanding size allowed was 300 square feet and the maximum height was 50 feet The new sign ordinance will base the size of freestanding signs on the 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 Local Street 80 12 10 The previous sign ordinance allowed freestanding signs for the LBC, CO, and NC zoning districts to be up to 80 square feet in area and 25 feet high. The new sign ordinance will allow freestanding signs to be a maximum of 64 square feet in area and 10 feet high in these areas. Billboards The previous sign ordinance allowed billboards in commercial areas with a sign permit The new sign ordinance allows the construction of billboards with the approval of a conditional use permit In addition, billboards can 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. Dynamic Display Signs In August 2008 the city adopted a dynamic display sign ordinance. Dynamic display signs are designed for outdoor use and are capable of displaying a video signal, such as a light-emitting diode (LED) display. On-site dynamic display freestanding signs must be set back 200 feet from residential property and1 00 feet from a side property line, dynamic display cannot exceed 50 percent of the entire sign area, must be licensed, and is limited to two-minute changeovers. These regulations are included in the new ordinance. 2 Attachment 2 ORDINANCE NO. 896 AN ORDINANCE AMENDING THE MAPLEWOOD SIGN REGULATIONS The Maplewood city council approves the following changes to the Maplewood Code of Ordinances: This amendment revises Article III (Sign Regulations), except for regulations pertaining to temporary window and banner signs, which will be regulated according to the city's previous sign ordinance and has been updated in this ordinance. Section 1. Purpose and Intent The purpose of this ordinance 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 public 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. (d) Allow noncommercial copy to be substituted for commercial copy on any lawful sign structure. Section 2. Comprehensive Sign and Mural Plans A comprehensive sign plan shall be provided for the following: (a) Business premises with five (5) or more tenants on the premise and all multiple-story buildings with two (2) or more tenants in the building. (b) Dynamic display wall signs (also refer to Section 13 - Dynamic Display Signs). (c) Large campuses consisting of buildings and land of ten (10) or more acres. (d) Shared signs. (e) All developments approved as a planned unit development. (f) Murals on business premises. 1 (g) Temporary sports facility sponsorship signs (also refer to Section 12 - Signs in Park Designated Land Use in the Maplewood Comprehensive Plan). Such a plan, which shall include the location, size, height, color, lighting and orientation of all signs and/or murals, shall be submitted for preliminary plan approval by the city. Exceptions to the sign ordinance of this article may be permitted for sign areas, densities, and dynamic display changeover rates for the plan as a whole if the signs are in conformity with the intent of this article, results in an improved relationship between the various parts of the plan, and encourages and promotes the removal of nonconforming signs through the use of shared signs. 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 to the administrator within fifteen (15) days of the community design review board's decision to be considered by the city council. Section 3. Definitions Administrator. The director of community development or other person charged with the administration and enforcement of this ordinance. Advertising 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. Awning. A covering attached on the facade of a building which projects typically over a door, window, or sidewalk. Awning Sign. A sign affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of such awning. Banner Sign. A temporary sign that is made of flexible material, contains a message, and is not inflatable. Billboard. A sign 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. Changeable Copy Message Board. A sign or portion of a sign which is characterized by interchangeable letters and figures. This definition shall not include dynamic display signs. 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 Sign. A temporary sign erected on the premises prior to or during construction, indicating the names of the architects, engineers, landscape architects, contractors or similar 2 artisans, and/or the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project. Directional Information Sign. 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 land use or zoning districts as designated on an official land use or zoning map of the city and described in the district regulations. Dwelling 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. Dynamic Display Sign. 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. Flags. 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. Flashing Sign. An illuminated sign which contains flashing lights or exhibits with noticeable changes in light intensity. Freestanding Sign. 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. Garage Sale Sign. 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 Sign. 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 Sign. 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. 3 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. Minor Alteration. A change of sign copy, sign face, sign color, or modifications or repairs to an existing sign that are cosmetic in nature or include a replacement of parts. Expansion of an existing sign does not constitute a minor alteration. 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 Sign. A sign not supported by exposed posts or poles located directly at the grade where the width dimension of the architecturally designed base is fifty (50) percent or more of the greatest width of the sign face. Multiple Tenant Building. 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 Signs. 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. Nonconforming Sign. 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 Sign. 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 Sign. A sign located within the public 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 Sign. 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 Sign. A sign painted or administered through adhesive tape 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. 4 Professional Occupation Sign. 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 residential use. Property Frontage. 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 Campaign Sign. 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. Portable Sign. 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 Sign. Any sign primarily intended to promote items of general interest to the community. Project Sign. A temporary sign which identifies a proposed or new development. Projecting Sign. A sign, other than a wall sign, which is supported and projects from more than eighteen (18) inches at a right angle from the wall of a building. Pylon Sign. A sign that is mounted on a narrow freestanding pole or other support structure so that the bottom edge of the sign face is six (6) feet above the architecturally designed base. Residential Use Building. 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 Sign. 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. Sign. 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. Sign 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. Sign Face. The surface of the sign including letters and background upon, against, or through which the message is displayed or illustrated. 5 Sign Structure. The supports, braces, and framework of a sign. Street Frontage. The linear frontage of a parcel of property abutting a street. Special Event Sign. 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 Displays. 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 organization. Temporary displays include three-dimensional shapes, inflatable objects, search lights, and other similar devices. Temporary or Seasonal Sign. A sign for a specific advertisement purpose that is of a limited duration and is not permanently attached to the ground or wall. Wall Sign. 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 Sign. 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. Wall Surface of Building. 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. Section 4. Sign Area and Height 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 one (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 Section 5. Nonconforming Signs (a) Nonconforming Permanent Signs. Nonconforming permanent signs lawfully existing on the effective date of this ordinance 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 ordinance. After a nonconforming sign has been removed, it shall not be replaced by another nonconforming sign. (b) Nonconforming Temporary Signs. Nonconforming temporary signs existing on the effective date of this ordinance shall be brought into compliance or removed within sixty (60) days from the effective date of the ordinance. Section 6. Enforcement Procedures (a) Permanent Signs. The city shall send a notice to the owner of any permanent sign in violation of the provisions of this ordinance. The notice shall require that the owner correct all ordinance violations. If the sign is not a safety hazard, the city shall allow thirty (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 Signs. The city shall send a notice to the owner of all other illegal temporary signs and allow seven (7) days for the owner to correct all ordinance violations or remove the sign. (c) Removal of Signs. 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 Sections 18-36 through 18-38 (Notice to Abate). The city may remove illegal signs on a public 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 thirty (30) days of the sign's removal. Section 7. Prohibited Signs (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) Permanent or temporary signs that have blinking, flashing, fluttering lights, or make noise. (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. 7 (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 ordinance. OJ Signs having features or incorporating parts of any sign prohibited in this ordinance. Section 8. Signs Exempt from Regulations in this Ordinance (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, not legible from a distance of more than ten (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. Section 9. Sign 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 ordinance. (a) 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. (b) Appeals When a permit under this ordinance is denied, the administrator shall give notice to the applicant within thirty (30) days of denial, together with reasons for denial. Appeals from the decisions of the administrator under the provisions of this ordinance shall be made to the city council. Denial shall be based on noncompliance with this ordinance. 8 (c) Fees The city council shall set all sign permit fees annually. (d) Time Limits (1) A sign permit shall become null and void if the work for which the permit was issued has not been completed within one (1) year of the issuance or renewal. (2) 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. Section 10. General Regulations 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 ordinance. In addition, all signs containing electrical wiring shall be subject to the provisions of the current state electrical ordinance. (a) 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. (b) Attachment to Buildings 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 eighteen (18) inches from the building except where specifically allowed in this ordinance. (c) Freestanding Sign Placement All signs not attached to any building or structure shall maintain at least a ten (10) foot setback from any lot line and shall not be placed in a public right-of-way unless specifically stated otherwise in this ordinance. No such sign shall project over a property line or a public right-of- way, except where allowed in this ordinance, 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 (refer to Article VII, Section 32-246 through 32-251 - Sight Obstructions at Intersections). (d) 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 Section 7.d. (Prohibited Signs). 9 (e) Licensing All contractors installing permanent or temporary portable signs must first obtain a contractor's license prior to issuance of a sign permit or installation of a permanent or temporary portable sign as defined in the city contractor and subcontractor ordinance (Article VI). Section 11. 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: (a) Construction Signs One (1) construction sign is permitted just prior to or during construction of a development. Each construction sign shall not exceed a ratio of one (1) square foot of sign area for each one thousand (1,000) square feet of lot area. In no case shall the area of the sign exceed sixty-four (64) square feet and ten (10) feet in height. The sign shall be removed after major construction has finished. (b) On-Site Directional Information Signs On-site directional information signs not exceeding six (6) square feet and six (6) feet in height are permitted for all types of property except single and double-dwelling lots. (c) Off-Site Directional Signs for Nonprofit or Civic Businesses Off-site directional signs for legally recognized nonprofit businesses (e.g. 501.c3 designated businesses) as well as civic organizations (i.e. churches, parks, nature centers, historic sites, and nursing homes) are allowed in the public right-of-way. Said sign is limited to four (4) square feet in area with a maximum of three (3) signs per nonprofit or civic business. The location and design of off-site directional signs must be approved by the city prior to installation. (d) Garage Sale Signs Garage sale signs not exceeding three (3) square feet and three (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 five (5) feet to the street pavement or one (1) foot to a sidewalk or trail. Said sign shall not be located between the street and a sidewalk or trail. All signs shall display the actual dates of the sale and may be erected one (1) day prior to the sale and must be removed within one (1) day after the sale. (e) Menu Boards Menu boards shall not exceed sixty-four (64) square feet and six (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. (f) No Trespassing Signs Signs not exceeding nine (9) square feet, located upon private property, and directed towards the prevention of trespassing. 10 (g) On-Site Real Estate Signs (1) For single and double dwelling lots, one (1) on-site real estate sign not exceeding nine (9) square feet is permitted for each street upon which the property has frontage. (2) For all other types of property, one (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 one (1) square foot of sign area for each one thousand (1,000) square feet of lot area. In no case shall the area of anyone sign exceed sixty-four (64) square feet or ten (10) feet in height. (3) All real estate signs shall pertain to the sale, lease, or rental of the property only and must be removed within seven (7) calendar days of the close of the property or when ninety (90) percent or more of the dwelling units on the property have been sold, leased, or rented. (h) Off-Site Directional or Open House Real Estate Signs Off-site directional or open house real estate signs not exceeding three (3) square feet and three (3) feet in height may be placed on the public right-of-way. No part of such sign shall be closer than five (5) feet to the street pavement or one (1) foot to a sidewalk or trail. Said sign shall not be placed between the street and a sidewalk or trail. Off-site directional signs may be placed in the public right-of-way for thirty (30) days per real estate listing and must include the name, address, and telephone number of the person responsible for the sign and the date the sign was installed in the right-of-way. Open house real estate signs may be placed in the public right-of-way on the day of the open house only. (i) Off-Site Real Estate Signs Off-site real estate signs exceeding three (3) square feet may be placed on private property. Such signs require a permit, shall not be located in the public right-of-way, and the sign owner/installer 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 sixty-four (64) square feet and the maximum height shall be six (6) feet. The sign must be removed when at least ninety (90) percent of the dwelling units approved by the city have been sold or rented. OJ Noncommercial Opinion Signs (1) For all types of property, one sign that expresses an opinion or a viewpoint of a non- commercial nature is allowed in addition to permanent signs as specified in Section 12 (Permitted Signs in Land Use and Zoning Districts). The noncommercial opinion sign shall not be illuminated or exceed sixteen (16) square feet and six (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. (k) Political Campaign Signs (1) For local regular elections and referendums, political campaign signs may be posted from August 1 until ten (10) days following said election or referendum. 11 (2) 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. (3) Unsuccessful primary candidates must remove their signs within ten (10) days after any given primary. (4) Political campaign signs shall not exceed sixteen (16) square feet and six (6) feet in height. (5) The number of political campaign signs on one property during an election season is limited to one (1) per candidate and one (1) per opinion/ballot issue. (6) 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 before placement of such sign. In addition, political campaign signs are prohibited on obviously public property and utility poles. (7) In a state general election year, the size, number, and duration of political campaign sign displays shall comply with the provisions of Minnesota Statute 211.8.045, and nothing in this ordinance shall be construed as applicable except location restrictions. (I) Project Signs One (1) project sign is permitted per property just prior to or during construction. Each project sign shall not exceed a ratio of one (1) square foot of sign area for each one thousand (1,000) square feet of lot area. In no case shall the area of the sign exceed sixty-four (64) square feet and ten (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. (m) Temporary Signs and Displays Under Twelve (12) Square Feet One (1) non-illuminated temporary sign or display under twelve (12) square feet is allowed per property (except for single and double dwelling properties) for a period not to exceed thirty (30) days total per sign. For commercial buildings with multiple occupants, each separate tenant is permitted one (1) such sign. No more than three (3) temporary signs under twelve (12) square feet shall be allowed at a property at anyone time. (n) Banners Banners may be used as temporary signage and are not required to have a permit unless used for more than thirty (30) days. Banners shall not exceed one hundred fifty (150) square feet in area or twenty (20) percent of the wall area, whichever is greater. There shall be no more than one (1) banner at any business location. Each tenant space at a shopping center shall count as a separate business location. The city council may approve exceptions to this section if the applicant can show there are unusual circumstances with the request. The council may attach conditions to their approval to assure that the sign will be compatible with surrounding properties. 12 (0) Window Signs Window signs may be used as temporary signage, not exceeding 75 percent of the window area. Section 12. Permitted Signs in Land Use and Zoning Districts SiQns in Park DesiQnated Land Use in the Maplewood Comprehensive Plan (a) Temporary sports facility sponsorship signs subject to the following required standards: (1) Approval of a comprehensive sign plan (also refer to Section 2 - Comprehensive Sign and Mural Plans). (2) The Maplewood recreation department will regulate all temporary sponsorship signs. (3) Sponsorships collected for such signs will be used to help fund recreational facilities within the park in which they are installed. (4) Signs can be placed at baseball and softball fields, and shall be located on the outfield fences or the scoreboard, or both. Such signs shall be oriented toward the field of play. Number and size of signs dependent on approved comprehensive sign plan. (5) Signs can be placed at hockey rinks, and shall be located on the interior sides of the hockey boards. Number and size of signs dependent on approved comprehensive sign plan. (6) Signs are allowed to be installed for a period of one (1) year during the baseball, softball, or hockey season. (7) Each sign shall provide identifying information for the sponsor such as name, address, telephone number, or logo; any product advertising shall be incidental and secondary to sponsor identification. (8) Such signs shall not be illuminated except by the regular sports facility lighting during hours of use. (9) Such signs shall be maintained in good condition. (b) Park identification signs subject to the following required standards: (1) Wall Signs. One park or park building identification wall sign up to twenty-four (24) square feet per street frontage shall be allowed for each park building. The sign may be affixed to the wall of the building or an overhanging canopy or awning. (2) Monument Signs. One park identification monument sign up to thirty-two (32) square feet per street frontage shall be allowed to identify each park. Said sign shall be a maximum of six (6) feet in height. The sign shall be designed to be architecturally compatible with the park structures and buildings with the base of the sign consisting of colors and materials compatible to the structures or buildings. 13 (3) Special Event Banners. Special event banners may be displayed for in parks for special events sponsored or approved by the city. No more than three (3) banners may be displayed per park at anyone time. Each banner shall not exceed sixty-four (64) square feet. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. Siqns in Residential Zoninq Districts (Districts R-1. R-1 R. R-S. R-E. R-2. R-3 and all subsequent Residential ZoninQ Districts Adopted after the Date of this Ordinance) All signs require a sign permit unless otherwise noted. (a) Professional Occupation Signs One professional occupation sign of not more than two (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. (b) Wall Signs One (1) wall sign up to twenty-four (24) square feet per street frontage 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. (c) Monument Signs One monument sign up to thirty-two (32) square feet per street frontage 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 six (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. (d) Changeable Copy Message 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 seventy (70) percent of the total square footage of said sign. (e) Temporary Signs and Displays Over Twelve (12) Square Feet One temporary sign or display over twelve (12) square feet is permitted by sign permit for up to thirty (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. I n no case shall the area of the sign exceed thirty-two (32) square feet or the height of the sign exceeds eight (8) square feet. The time period may be extended to sixty (60) days during the first year of operation of a new business and ninety (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 SiQns In the LBC (Limited Business Commercial), CO (Commercial Office), and NC (NeiQhborhood Commercial) ZoninQ Districts All signs require a sign permit unless otherwise noted. (a) Professional Occupation Signs One (1) professional occupation sign of not more than two (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. (b) Wall Signs (1) For each occupant of a building, one (1) wall sign is allowed for each street upon which the property has frontage. The total number of wall signs may be increased by one (1) for each clearly differentiated department of a business or enterprise. (2) The total area of anyone (1) wall sign shall not cover more than twenty (20) percent of the wall surface to which the sign is attached or thirty-two (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 fifty (50) percent of the face of the awning or canopy, or thirty-two (32) square feet, whichever is less. (3) 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. (c) Freestanding Signs One freestanding sign up to sixty-four (64) square feet and ten (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 one hundred (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. (d) Changeable 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 seventy (70) percent of the total square footage of said sign. (e) Temporary Signs and Displays Over Twelve (12) Square Feet One temporary sign or display over twelve (12) square feet is permitted for up to thirty (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 thirty-two (32) square feet or eight (8) feet in height. The time period may be extended to sixty (60) days during the first year of operation of a new 15 business and ninety (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. Siqns in the BC (Business Commercial). BC-M (Business Commercial Modified). M-1 (Liqht Manufacturinq). and M-2 (Heavv Manufacturinq) Zoninq Districts All signs require a permit unless otherwise noted. (a) Professional Occupation Signs One professional occupation sign of not more than two (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. (b) Wall Signs (1) For each occupant of a building, one (1) 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. (2) 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. (3) 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 (4) The total coverage area of each wall sign for multiple-tenant buildings is ten (10) percent of the surface area of the exterior fayade of the premises occupied by such tenant, or thirty- two (32) square feet, whichever is more. (5) A wall sign may be attached to an overhanging awning or canopy, instead of the fayade of the building, as long as the wall sign does not exceed fifty (50) percent of the face of the awning or canopy, or the maximum size specified above, whichever is less. (c) Gas Station Canopies Gas stations are allowed one (1) additional wall sign that may be attached to the fayade of the building or the overhanging canopy above the pump island. The wall sign on the canopy shall 16 not exceed fifty (50) percent of the face of the canopy, or the maximum size specified above, whichever is less. (d) Freestanding Signs (1) One (1) 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 one- hundred (100) feet measured in a straight line between signs, excluding auto dealerships. (2) The total size and maximum height of each freestanding sign is determined by the street classification (as designated in the Maplewood comprehensive plan) 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. (3) 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 (4) 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. (e) Changeable 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 seventy (70) percent of the total square footage of said sign. (f) Auto Dealerships Auto dealerships may have one (1) freestanding sign identifying the dealership, plus one (1) 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 (1) freestanding sign may be allowed per street frontage provided said signs are separated by more than one hundred fifty (150) feet measured in a straight line between the signs. (g) On-Site Dynamic Display Signs (refer to Section 13 - Dynamic Display Signs). 17 (h) Billboards (1) 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. (2) Spacing. No billboard sign shall be located within two thousand, three hundred (2,300) feet to another billboard on the same side of the street, within one hundred (100) feet to a commercial, industrial, institutional building, or an on-premises sign, and within two hundred and fifty (250) feet to a residential district or eight hundred (800) feet to a residence. Billboards shall maintain a setback of fifty (50) feet from any property line, five hundred (500) feet to a local park, and three hundred (300) feet from the nearest intersecting street corner of two public roads. (3) Size. The maximum area of the sign face of a billboard shall not exceed four hundred fifty (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 two (2) sign faces, provided that the open end separation shall not exceed fifteen (15) feet. A billboard may only display one message at a time on any sign face. The maximum height for billboards shall be thirty-five (35) feet. (4) Off-site dynamic display signs (refer to Section 13 - Dynamic Display Signs). (i) Temporary Signs and Displays Over Twelve (12) Square Feet One temporary sign or display over twelve (12) square feet is permitted for up to thirty (30) days per year, per business each calendar year by sign permit. 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. The time period may be extended to sixty (60) days during the first year of operation of a new business and ninety (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 sixty-four (64) square feet or eight (8) feet in height. SiQns in the Mixed-Use (M-U) ZoninQ District All signs require a permit unless otherwise noted. (a) Sign 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 2 (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 18 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 as a pre-existing nonconforming sign in which case it shall comply with Section 44-12 (nonconforming buildings or uses). (b) Projecting Signs 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. (c) Overall Wall Signs Allowable area of overall wall and projecting signage for each establishment is one and one-half (1 11,) square feet of signage per lineal foot of building or frontage on a road, public open space or private parking area, or thirty-two (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. (d) Freestanding Signs 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: (1) Limited to six (6) feet in height and forty (40) square feet. (2) Maintain a five (5) foot setback from any side or rear property line, but can be constructed up to the front property line. (3) Must consist of a base constructed of materials and design features similar to those of the front fayade of the building or development. (4) Must be landscaped with flowers or shrubbery. Section 13. Dynamic Display Signs (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 19 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) 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 ordinance. (c) 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, twelve (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. (d) On-site dynamic display signs are allowed subject to the following conditions: (1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M-2 and M-1) zoning districts only. 20 (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 fifty (50) percent of the total square footage of said sign face. (4) Must be located at least two hundred (200) feet from any property where there are structures used for residential purposes or from any park or open space land use district. (5) Must be located at least one hundred (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. (e) Off-site dynamic display signs are allowed subject to Section 12 (Billboard Signs in BC, BC- M, M-I, and M-2), the above-mentioned standards for all dynamic display signs, and the following additional condition: (1) The images and messages displayed on the sign must be static and each display must be maintained for a minimum of fifteen (15) seconds and the transition from one static display to another must be instantaneous without any special effects. (f) 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 set forth in this 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. (g) 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 fifteen (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 21 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 one hundred (100) percent of the potential copy and graphic area and to change no more frequently than once every fifteen (15) seconds. The designated sign must meet all other requirements of this ordinance. (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 the date of adoption of the Dynamic Display Sign Ordinance (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 ordinance. (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. OJ Licensing. No person shall operate an off-site or on-site dynamic display sign in the city without first obtaining a yearly license as defined in the city licensing ordinance (Article II). 22 The city council approved the first reading of this ordinance on November 23, 2009. The city council approved the second reading of this ordinance on January 25, 2010. Will Rossbach, Mayor Attest: Karen Guilfoile, City Clerk 23