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HomeMy WebLinkAboutNo 427 Amending Chapters 202 and 818 of the Maplewood Municipal Code Concerning the Erection, Construction, Placement, Location, Relocation, Alteration, Display and Maintenance of SignsORDINANCE NO. 427 AN ORDINANCE AMENDING CHAPTERS 202 and 518 OF THE M.APLEWOOD MUNICIPAL CODE CONCERNING THE ERECTION, CONSTRUCTION, PLACEMENT, LOCATION, RELOCATION, ALTERATION, DISPLAY ANT) MAIM-NANCE OF SIGNS THE COUNCIL OF T11E CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. 818.010. PURPOSE AND INTENT. The purpose of this comphrensive sign ordinance is to establish a set of standards to control the erection and use of on - premise and off -premise advertising devices within the City of Maplewood. These stand- ards are designed to protect the public health, safety and general welfare of persons within the City of Maplewood and to promote the quality of the community by providing; regulations that will permit and enhance and protect the physical appearance of the community, effectiveness and flexibility in the design and use of such on -premise and off -premise advertising devices. Section 2. 818.020. DEFINITIONS. For the purpose of this ordinance, the words and phrases listed below shall be construed as specified in this section. Words used in the singular indicate the plural, and the plural the singular. 1. Administrator: refers to the City Manager or other person charged with the administration and enforcement of this ordinance or his duly authorized deputy. 2. Alteration: refers to any major alteration to a sign, but shall not include routine maintenance, painting or change of copy of an existing sign. 3. Architectural Projection: shall mean any projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, but shall not include signs. 4. Awning: refers to a temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded or collapsed against the face of a supporting building. 5. Building Facade: refers to that portion of any exterior elevation of a build- ing extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. 6. Building Facade Facing: refers to a resurfacing of an existing facade with approved material, illuminated or non -illuminated. 7. Building Height: a distance to be measured from the average established curb level or from the average finished ground grade at the building line, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof or to the mean distance of the highest gable on a pitched or hipped roof. 8. Building Line: is a line established by ordinance beyond which no building may extend. A building line may coincide with a property line. A building line may be referred to as a "required setback". (See Curb Line). 5. Business Frontage: refers to the property lines or lease lines at the front of the building in which the business is located or the location of the main public entrance of said building. 10. Canopy or Marquee: refers to a permanent roof structure attached to and supported by the building and projecting over public property but does not include a projecting roof. 11. Color: refers to any hue or combination of values of these. Black and white shall not be considered as colors. 12. Copy Area: refers to the actual area of the sign copy applied to any background. Copy area should not be confused with coverage which includes frame background or support for a sign. 13. Council: refers to the Maplewood City Council. 14. Curb Line: refers to the line at the face of the curb nearest the street or roadway. In the absence of a curb, the curb line shall be established by the City hugineer (See Building Line). 15. District: refers to the zoning districts as designated on the Official Zoning Yap of the City and described in the District Regulations. 16. Grade: refers to the elevation or level of the street closest to the sign to which reference is made, measured at the street's centerline. 17. Line: refers to a public thoroughfare or way which affords a purely secondary means of access to a lot at the side or rear. 18. Marquee: (See Canopy). 14, Honcombustible Material: shall be as defined and required by the current State Uniform Sign Code. 20. Aonstructural Trim: shall he as defined and required by the current State Uniform Sign Code. 21. Person: may include a firm, association, organization, partnership, trust, company, or corporation as well as an individual. 22. Principal Use: refers to the main purpose for which land, buildings or struct- ures are ordinarily used. 23. Residential Use Building: refers to any dwelling, boarding, lodging, or rooming house, dormitory unit: fraternity or so.ority house. 24. Roof Line: refers to the uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said facade. 25. Sign: refers to any structure, device, advertisement, advertising device, or visual representation intended to advertise, identify, or communicate infor- mation, to attract the attention of the public for any purpose and without prejudice to the generality of the foregoing includes any symbols, letters, figures, illustration, or forms painted or otherwise affixed to a building or structure and any beacon or searchlight intended to attract the attention of the public for any purpose and also any structure or device the prime purpose of which is to border, illuninate, animate, or project a visual representation, provided, however, that this definition shall not be held to include official notices issued by any Court or public office or officer in the performance of a public or official duty, and traffic control signs as defined in the "Motor - 2 - Vehicle Act." For the purpose of removal, signs shall also include all sign structures. a. Sign Area: the area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign including border and trim of the sign; provided that 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. b. Sign, maximum height of: refers to the vertical distance measured from the grade to the top cf such a sign. In the case of a roof sign, the maximum height shall be measured from the roof line or the parapet level, if applic- able, at the location of such sign. c. Sign, minimum height of: shall refer to the vertical distance measured from the nearest finished grade to the lower limit of such sign. d. Sign Structures refers to any structure which supports or is capable of supporting any sign. Said definition shall not include a building to which the sign is attached. Types of Sign by Structure: e. Awning Sign: refers to a non -illuminated identification sign affixed flat to the surface of an awning and which does not extend vertically or horizon- tally beyond the limits of such awning. f. Banners: refers to a temporary sign such as used to announce open houses, grand openings or special announcements. g. Billboard; refers to a non -accessory sign erected for the purpose of adver- tising a product, event, person, or subject not entirely related to the premises on which said sign is located. h. Canopy Sign: refers to a sign suspended from or forming part of a canopy or marquee and which does not extend horizontally beyond the limits of such canopy or marquee. I. Changeable Copy Sign: refers to any sign which is characterized by change- able copy, letters, or symbols, regardless of method at attachment. J. Facia Sign: is a flat sign which does not project more than eighteen (18) inches from the face or wall of the building upon which it is affixed, painted, or 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. A facia sign is always a first -party business or identification sign and should not be confused with a non -accessory sign, which is included under "wall signs". k. Flags: refers to devices generally made of flexible materials, such as cloth, paper, or plastic, and displayed on strings. They may or may not include copy. This definition does not include the flag of any country or state. - 3 - 1. Freestanding Sign (See Ground Sign). m. Marquee Sign: (See Canopy Sign). n. Ground Sign: refers to a sign attached to the ground within an architectur- ally planned wall or structure. o. Projecting Sign: a sign other than a wall sign, which is affixed to a building and projects outward more than fifteen (15) inches from the building wall or structure. p. Roof Sign: refers to a sign erected upon the roof or parapet of a building the entire face of which is situated above the roof level of the building to which it is attached, and which is wholly or partially supported by said building. q. Window Sign: refers to a sign affixed to or inside a window in view of the general public. This does not include merchandise on display. Types of Signs by Function: r. Business Sign (On -Premise): refers to a sign used for identification pur- poses, which directs attention to a business or profession conducted upon the premises at which the sign is to ated, and which may also refer to goods or services produced, offered for sale or obtained at such premises. s. :ion -Accessory Sign (Off -Premise): refers to a sign which directs attention to a business, commodity, service, or entertainment, not exclusively related to the premises at which the sign is located, or to a business, commodity service or entertainment which is conducted, sold or offered elsewhere than on the premises at which the sign is located. t. Identification Sign: refers to a sign which contains no advertising but is limited to the name, address and number of a building, institution, or person and to the activity carried on in the building or institution or the occupation of the person. u. Incidental Sign: refers to small signs less than two (2) square feet in area of a non-commercial nature, intended primarily for the convenience of the public. v. Directional Signs refers to an on -premise sign designed to guide or direct pedestrian or vehicular traffic. w. Political Sign: refers to any sign which states the name and/or picture of an individual seeking election or appointment to a public office, or pertain- ing to a forthcoming public election or referendum, or pertaining to or advocating political views or policies. x. Portable Sign: refers to any sign not permanently attached to the ground or a building. y. Public Service Sign: refers to any sign primarily intended to promote items of general. interest to the community. z. Real Estate Sign: refers to a sign pertaining to the sale, lease, or rental of the property upon which it is located. - 4 - as. Special Purpose Sign: refers to any sign other than a business, nonaccess- ory, or identification sign. This may include, but is not limited to, traf- fic signs, government signs, historical or memorial plaques, and temporary signs. bb. Temporary Sign: refers to any sign, banner, pennant, valance., or advertising display constructed of cloth, canvas, light fabric, or cardboard, wallboard, or other light materials with or without frames; intended to be displayed for a limited period of time only. cc. Time and temperature Sign: refers to a sign giving the time and temperature. Types of Signs by Degree of Illumination: dd. Electric Sign: refers to any sign containing electrical wiring but not including signs illuminated by an exterior light source. ee. illuminated Sign: refers to a sign designed to give forth any artificial or reflect light, either directly from a source of light incorporated in or connected with such sign, or indirectly from an artificial source, so shield- ed that no direct illumination from it is visible elsewhere than on the sign and in the immediate proximity thereof. ff. Animated Sign: any sign which includes action or motion. For purposes of this Code, this term does not refer to flashing, changing or indexing, all of which are separately defined. gg. Changing Sign: a sign such as an electronically or electrically controlled public service; time, temperature and date sign, message center or reader - board where different copy changes are shown on the same lamp bank. hh. Flashing Sign: refers to an illuminated sign which contains flashing lights or exhibits noticeable changes in light intensity. 11. Indexing Sign: Turning and stopping action of the triangular vertical sec- tions of a multi -prism sign designed to show three messages in the same area. jj. Revolving Sign: refers to any sign, any part of which revolves. 26. Streets refers to any public highway, road or thoroughfare which affords the principal means of access to adjacent lots. 27. Street Frontage: refers to the linear frontage of a parcel of property abutting a public street. 28. Uniform Building Code (UBC): refers to the current edition of the Uniform Building Code. 29. Udall Surface of Building: refers to 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. 30. Zoning or Land Use: refers to the land use district or zone established by the authorized legislative body. Section 3. 818.030. APPLICATION. L. Within the municipality, no sign shall thereafter be erected, placed, altered, - 5 - or moved unless in conformity with this ordinance and the contrary shall be unlawful. 2. Signs which are lawfully in existence and in use prior to and at the time of the legal adoption of the proposed ordinance, may remain in use even though they do not conform with the provisions of this ordinance for ten (10) years. 3. Any sign lawfully in existence at the time of the adoption of this ordinance shall not be rebuilt, reconstructed, or altered with the exception of copy change or maintenance unless in conformity with the provisions of this ordin- ance, and the contrary shall be unlawful. 4. Nothing in this ordinance shall be taken to relieve any person from complying with the provisions of any other ordinance or bylaws of the municipality. Section 4, 818.040. ADMINISTRATION AND ENFORCEMENT. 1. Administration: This ordinance shall be administered by the City Manager. 2. Permits: Every person shall before erecting, placing, rebuilding, reconstructing, alter- ing, or moving any sign, other than an incidental holiday, directional, construct- ion, political, or real estate sign, obtain from the Administrator a permit to do so as provided in this ordinance. A permit shall not be required for normal maintenance or change of copy for existing signs. 3. License and Bonding for Sign Businesses: a. License Required: No company shall be engaged in the business of installing, erecting, constructing or removing signs within the City of Maplewood with- out first obtaining a license therefore. Said license shall be issued by the City Manager upon application therefore. Said license shall be for one (1) calendar year and the annual fee for such license shall be established by resolution of the City Council. A separate fee schedule shall be estab- lished for temporary signs. b. Bond Requirements: Every person regularly engaged in the business of erect- ing advertising and business signs in the City shall, before permits are granted, file with the City Clerk a continuing bond in the penal sum of Ten Thousand ($10,000.00) Dollars executed by the applicant and a Surety Company approved by the City Attorney and conditions for the faithful observant^ of the provisions of this ordinance and which shall indemnify and save harmless the City of Maplewood from any and all damages, costs or expenses which the said City may incur or suffer by reason of granting of said permit. A liability insurance policy issued by an insurance company authorized to do business in this State, conforming to this Section, shall be permitted in lieu of bond. Any person lawfully maintaining sign structures regulated by this ordinance, at the time of its enactment, shall comply with the provisions of this Section. c. Permit Pees: A sign permit fee shall be paid in accordance with the following schedule: - 6 - Square Feet Fee 1 - 10 $ 3.00 11 - 25 5.00 25 - 100 lo.no Over - 100 20.00 d. All signs shall have an approved city metal sign tag permanently attached which includes names of owner, crate of placement, sign permit number, and similar information. Temproary, real estate, and polictical signs are exempt from this requirement. 4. Preliminary Plan Approval. a. With the exception of the special purpose and temporary signs listed in Clauses 1 to 12 inclusive of Schedule 1 of this ordinance and those changes listed in Subsection 4, c. of this Section of this ordinance, any person wishing to erect, place, rebuild, reconstruct, alter, or move any sign shall apply for and receive preliminary plan approval. b. lvery application for preliminary plan approval shall be accompanied by a plan or plans drawn to scale and including: 1. The dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached. 2. The max_inum and minimum height of the sign. 3. The proposed location of the sign in relation to the face of the build- ing, in front of which or above which it is to be erected. 4. The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. 5. If the sign is to be illuminated or animated, technical means by which this is to be accomplished. 6. Where the sign is to be attached to any existing building, a diagram or photograph of the face of the building to which the sign is to be attached. 7. The name and address of the user of the sign and the location of the sign. c. The following changes shall not require a sign permit. These exceptions shall not be construed as relieving the owner of the sign from the respon- sibility of its erection and maintenance, and its compliance with the pro- visions of this ordinance or any other law or ordinance regulating the same. 1. The changing of the advertising copy of message of a painted or printed sign. Except for theatre marquees and changeable copy signs specifically designed for the use of replacement copy, electric signs shall not be included in thin exception. 2. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be con- sidered an erection or alteration which requires a sign permit unless a major structural change is made. - 7 - d. Copies of applications shall be available to the public on request. e. A sign permit shall become null and void if the work for which the permit was issued has not be completed within one (1) year of its issuance, or renewed. 5. Comprehensive Sign Flan: A comprehensive sign plan may be provided for business premises which occupy the entire frontage in one (1) or more block fronts or for the whole of a shop- ping center development. Such a plan, which shall include the location, size, height, color, lighting, and orientation of all signs, shall be submitted for preliminary plan approval regulations of the municipality. Provided that such a comprehensive plan is presented, exceptions to the Sign Schedule regulations of this ordinance may be permitted, if the sign areas and densities for the plan as a whole are in conformity with the intent of this ordinance and if such ex- ception results in an improved relationship between the various parts of the plan. Comprehensive Sign Plans shall be reviewed by the Community Design Review Board who shall forward a recommendation to the City Council on the appropriate- ness of the proposed plan. G. ".aintenance: All signs, together with all of their supports, braces, guys and anchors, shall be dept 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. 7. Inspection; All signs for which a permit is required shall be submitted to inspection by the Administrator and a permanent record, including photographs, shall be main- tained. The Administrator, or any other official of the municipality who may be appointed by him is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this ordinance are being obeyed. Such entrance shall be made during business hours unless an emergency exists. The Administrator may order the removal of any sign that is not maintained in accord- ance with the maintenance provisions of this ordinance. H. Enforcement: a. It shall be unlawful for any person to erect, place, rebuild, construct, alter, or remove any sign or to do any act contrary to any direction, in- struction, specification, or provision contained in or adopted by this ord- inance or any notice lawfully given or posted pursuant to the provisions of this ordinance or without any permit hereby required or contrary to the conditions upon which any permit has been issued pursuant to this ordinance; or to refrain from doing or to fail to do or take any act or precaution re- quired to be done or taken prior to or in doing anything permitted. as in this ordinance or in any regulation or specification adopted by this ordinance provided or by any notice lawfully given or posted pursuant to the provisions of this ordinance; and whether or not in any such case it is expressly stated that the doing of or the failure to do the thing mentioned, shall be lawful. b. Every person who violates any of the provisions of the ordinance, or who causes, suffers, or permits any act or thing to be done in contravention - 8 - or in violation of any of the provisions of this ordinance, or who neglects or refrains from doing anything required to be done by any of the provisions of this ordinance, or who carries out or who suffers, causes, or permits to be carried out any development in a manner prohibited by or contrary to any of the provisions of this ordinance or who fails to comply with any order, direction, or notice given under this ordinance anti shall be liable to the penalties hereby imposed. c. Where any sign or part thereof contravenes this ordinance or where any sign is in such a condition as to be in danger of failing or is a menace to the safety of persons or property the Administrator shall give to the owner or persons in charge of the sign written notice specifying the danger of the violation, ordering the cessation thereof and requiring either the removal of the sign or the carrying out of remedial work in the time and in the manner that the notice shall specify. Such notice shall be posted by registered mail, return receipt requested. In the event of failure to comply after 30 days from receipt of said notice, the administrator may remove the sign or cause such remedial work to be done and cost thereof shall be recoverable by the municipality by summary process at law in any court of competent jur- isdiction. In the event of default of payment of such assessed costs, then a charge shall be placed upon the property and the said costs, when certified by the Treasurer, shall be entered in the Collector's Roll and collected in the same manner as the taxes shown thereon. If a sign which has been removed is not reclaimed and fines paid within thirty (30) days of its removal, said sign may be sold or otherwise desposed of by the City. If a sign is found to be an immediate and serious danger to the public because of its unsafe condition, it may be removed without notice and written notice or removal and reasons for such shall be served as soon as possible under the terms of this section of this ordinance. 9. Penalties: a. Every person who commits an offense against this ordinance is liable to a civil fine and penalty not exceeding Three Hundred ($300.00) Dollars and costs, or in default of payment thereof, to improsonment for any period not exceeding ninety (90) days. b. Where an offense against this ordinance is of a continuing nature, it shall be lawful for the convicting magistrate, in his discretion, to impose a fine against the offender, not exceeding Fifty ($50.00) Dollars for each day such offense is continued by him. 10. Appeals: a. When a permit is denied, the Administrator shall give notice in writing to the applicant of denial, together with a resume of the reasons for such denial, together with a resume of the reasons for such denial and the appeal process. Appeals from the decisions of the Administrator and/or the pro- visions of this ordinance shall be made to the Board of Appeals and Adjust- ments in accordance with the provisions of Section 202 of the /i plewood Municipal Code unless such denial is based on violations of the Uniform Building Code, the Uniform Sign Code, or the National Electrical Code. Denial for these reasons must be appealed to the Board of Building Appeals. b. The failure of the Administrator to either formally grant or deny in writing a proposed sign within thirty (30) days of submittal of the applicant shall be grounds for appeal to the Board of Appeals. - 9 - c. Procedure upon Appeals 1. Appeals may be brought before the Board of Adjustments and Appeals by any affected person. Appearance before the Board may be in person or by agent or attorney. The Board shall schedule a hearing within thirty (30) days after an appeal is submitted in writing. All notices of appeal must be filed with the City Clerk within the time prescribed by applic- able law, ordinance or regulation. The decision of the Board of Appeals and Adjustments shall be final and no further action shall be required or allowed by the municipality, except that the City Council may in accordance with the decision, rescind or otherwise alter any decision previously made which may have been subject of the appeal. Further appeal may be taken to the District Court of Ramsey County providing such appeal is made within twenty (20) days after the date of the decision of the Board of Appeals and Adjustments. The Board of Appeals and Adjustments shall render its decision on any appeal within ninety (90) days after the date of the end of the hearing. 2. The Board of Appeals and Adjustments shall hear and decide all appeals from alleged erroneous decisions of any administrative or enforcement office of Maplewood in matters relating to the administration and en- forcement of this ordinance. The Board shall also hear requests for variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. The Board may impose conditions in granting variances to insure compliance and to protect adjacent properties. Section 5. 318.050. NON-CONFORPfI2iG SIGHS. 1. General To ease the economic impact of an ordinance on those who are using non -conform- ing signs on or before the date of adoption of this ordinance, this ordinance provides for up to ten (10) years of continued use of non -conforming sign in its existing state or unlimited use if the non-conformance is due to an action of the City Council other than an action amending an ordinance. Any conditions or controls previously established by City Council action through the Community Design Review process relative to building/site plan review and pertaining to signs are hereby voided. 2. Legal -Conforming Signs a. Definition of legal non -conforming aims: Any permanent sign located within the City on the date of adoption of this ordinance, or located in areas an- nexed to the City thereafter, which does not conform with the provisions of this Code, is eligible for characterization as a "legal non -conforming" sign, provided it also meets the following requirements: 1. The sign has a replacement value of more than Two Hundred Fifty ($250) Dollars as estimated by the procedure set out in Section 813.050, sub- section 5 of this Code; 2. The sign cannot be brought into compliance with the ordinance for an - 10 - expenditure of Two Hundred Fifty ($250) Dollars ar less, as estimated by the procedures set out in Section 818.050, Subsection 5 of this Code. 3. The sign was covered by a sign permit on the date of adoption of this ordinance if one was required under applicable law, or.; 4. If no sign permit was required under applicable law for the sign in question, the sign was in all respects in compliance with applicable law on the date of adoption of this ordinance. Provided, however, no temporary or incidental signs, as defined by Section 818.020 of this Code shall be eligible. b. Notification of Non —Conformity: After the enactment of this ordinance, the Administrator shall, as soon as practicable, survey the City for signs which do not conform to the requirements of this ordinance. Upon determination that a sign is non —conforming, the Administrator shall use reasonable efforts to so notify either personally or in writing the user or owner of the signs or the owner of the property on which the sign is located of (a) the sign's non —conformity; (b) whether the sign is eligible for characterization a legal non —conforming; (c) the Administrator's estimate of whether the sign's replacement cost is less than or greater than Two Hundred Fifty ($250) Dol— lars and (d) if the sign's replacement cost is greater than Two hundred Fifty ($250) Dollars, the Administrator's estimate of whether the expenditure re— quired to bring the sign into conformity is less than or greater than Two Hundred Fifty ($250) Dollars. Failing determination of the sign owner, user, or owner of the property on which the sign is located, they notice may be affixed in a conspicuous place to the sign or to the business premises with which the sign is associated. c. Characterization as "Legal Non —Conforming". Each sign user within the City having existing non —conforming signs meeting the requirements of Section 813.050, Subsection 2.a, shall be permitted to designate one such sign for characterization as "legal non —conforming", for each street upon which the business premises front. Such designation shall be made in the application for a legal non —conforming sign permit. d. Permit for Legal :ion —Conforming Signs: A legal non —conforming sign. permit is required for each legal non —conforming sign designated under Section 818.050, Subsection 2.c. The permit shall be obtained by the sign user or the sign owner, or the owner of the property on which the sign is located within sixty (60) days of notification by the City as specified in Section 818.050, Subsection 2.b. that the sign is non —conforming. The permit shall be issued without fee and shall expire at the end of the amortization period prescribed in Section 813.050, Subsection 4. Application for the non —conforming sign permit shall contain the same and address of the sign user, the sign owner, and, if available, the owner of the property on which the sign is located and such other pertinent information as the Administrator may require to ensure compliance with the ordinance, in— cluding proof of the date of installation of the sign. A non —conforming sign for which no permit has been issued within the sixty (60) day period shall be immediately brought into compliance with the — 11 — ordinance, or removed. Failure to comply shall subject the sign user, owner or owner of the property on which the sign is located to the remedies and penalties of Section 818.040, Subsection 9 of this Code. e. Loss of Legal Non -Conforming Status: A legal non -conforming sign shall immediately lose its legal non -conforming designation if: 1. The sign is altered in any way in structure (except normal maintenance) which tends to or makes the sign less in compliance with the requirements of this ordinance than it was before the alteration; or 2. The sign is relocated to a position making it less in compliance with the requirements of this ordinance; 3. The sign is replaced; or 4. Any new primary sign is erected or placed in connection with the enter- prise using the legal non -conforming sign. Should any of the actions described in a, b, c, or d, be undertaken, the permit for legal non -eon - forming sign status shall be automatically cancelled and the sign shall he immediately brought into compliance with this ordinance with a new permit secured therefore or shall be removed. 3. Illegal Non -Conforming Signs a. An illegal non -conforming sign is any sign which does not comply with the requirements of this ordinance and (a) which has a replacement value of Two Hundred Fifty ($250) Dollars or less but which may be brought into conformity with an expenditure of Two Hundred Fifty ($250) Dollars or less; or (b) which has a replacement value of more than Two Hundred Fifty ($250) Dollars but 1s not eligible for characterization as legal non -conforming under Section 818.050, Subsection 2.a. As provided in Section 818.050, Subsection 4.a., such signs must be brought into compliance or removed within three (3) months of the date of notification of their non -conformity. 4. Use Period for lion -Conforming Signs a. Illegal Non -conforming Signs: Illegal non -conforming signs as defined in Section 818.050, Subsection 3 above, may remain in a non -conforming,, state for three (3) months after the date of notification of non -conformity by the City (Section 818.050, Subsection 2.b.). Therefore such signs shall be brought into conformity with this ordinance with a permit issued therefore or be removed. b. Legal Non -Conforming Signs: Legal non -conforming signs, as defined in Sect- ion 818.050, Subsection 2 above, for which a legal non -conforming sign permit has been issued, may remain in a non -conforming state for ten (10) years after the date of installation of the sign, or four (4) years after notifi- cation by the City of the sign's non -conformity, whichever is longer. There- after the sign shall be brought into conformity with this ordinance with a permit issued therefore or be removed. Provided, however, that the use period established herein may be used only so long as the sign retains its legal non -conforming status (see Section 818.050, Subsection 2.e.). Section 6. 818.060. GE4ERAL REQUIREMNTS. 1. No sign permitted by this ordinance shall, by reason of its location, color, - 12 - flashing, or intensity, create a hazard to the safe, efficient movement of veh- icular 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 promises. 2. Every sign shall have its maker's name permanently attached to or painted on the exterior or structural supports of the sign. 3. Wherever possible, signs shall be of such a design that all framework for the lateral support of the sign shall be contained within the sign's body or within the structure of building to which it is attached in such a manner as not to be visible to any person. On older buildings, where such support is not possible, guys shall be allowed at the top and bottom of the sign. 4. Where necessary the projecting cantilever system shall be used to support signs. 5. to sign, nor any guy, stay, or attachment thereto shall be erected, placed or maintained by any person on rocks, fences, or trees, nor in such a manner as to interfere with any electric light, power, telephone, or telegraph wires, or the supports thereof. 6. Signs that are not specifically permitted in this ordinance are hereby prohibited. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: a. Balcony signs and signs mounted or supported on balcony. b. Any sign that obstructs any part of a doorway or fire escape. 7. All signs containing electrical wiring shall be subject to the provisions of the current State Electrical Code (presently - National Electrical Code, 1975 Ed.) and the electrical components used shall bear the label of an approved testing agency. Section 7. 818.070. MATERIAL SPECIFICATIONS 1. No sign shall hereafter be erected, re -erected, constructed, altered or moved, except as provided for by the Uniform Sign Code. In addition all electric signs shall comply with the provisions of the National Electrical Code. 2. Any sign lawfully in existence at the time of adoption of this ordinance shall not be re -erected, reconstructed, or altered except as it is brought into conform- ity with the provisions of this ordinance, the Uniform Sign Code and the National Electric Code. Section S. 818.080. FREESTANDING SIGNS. 1. All supports of signs shall be placed upon private property and shall be secure- ly built, constructed, and erected to conform with requirements specified in Section 818.060. 2. A freestanding sign may be located in a required yard, provided that such sign is not closer than ten (10) feet to: a. The point of intersection of the intersection property lines on a corner lot; b. Any adjoining lot. - 13 - 3. A freestanding sign shall not project over public property. 4. In no case shall the height of a freestanding sign, as otherwise permitted by this ordinance exceed those specified in the individual zoning districts as out- lined in Section 818.070. Section 9. 818.090. ROOF SIGNS. 1. Roof signs shall be thoroughly secured and anchored to the frams of the building over which they are constructed and erected, and shall be designed in accordance with the requirement specified in Section 818.060. 2. No portion of a roof sign shall extend beyond the periphery of the roof on which it is erected. 3. Roof signs shall only be permitted upon review and approval of a special permit by the City Council. All roof signs in existence at the time of adoption of this ordinance shall be considered as legal non -conforming signs. 4. Billboards are not a permitted roof sign. 5. The allowable height of a roof sign shall in no case exceed a height above the roof equal to the height of the elevation of the building upon which the sign is located. The height above the roof may be equal to the height from the grade of the access street to the top of a parapet wall or the highest point of the roof. Regardless of the height of the huilding, no roof sign shall exceed a height of 20 feet without approval of a variance as provided for in Section 818.040, Sub- section 10. 6. All roof signs hereafter erected, placed, altered or moved shall be reviewed by the Community Design Review Board prior to consideration by the City Council. In order to recommend to the Council approval of a roof sign request, the Board must find that because of terrain, location and/or configuration of adjacent development and sinilar considerations that such a sign beat serves the property and public and secures the intent of this ordinance as compared with any other permitted method of signing. Section 10. 818.100. FACIA SIMIS (WALL). 1. Fascia signs shall be designed in accordance with the requirements specified in Section 813.060. 2. Ao fascia sign shall have a projection over public property or beyond a property line. 3. Copy area of a fascia sign shall not exce-d 20 percent of the building facing to which it is applied without approval of a variance in accordance with Section 815.840, Subsection 10. Section 11. 318.110. PROJECTING SIGNS. 1. Projecting signs shall be designed in accordance with the requirements specified in Section 818.060. 2. Signs shall not project over public property or a property line. 3. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire - 14 - excade, exit, or stand -pipe, No sign shall obstruct any window to such an extent that any light or ventilation is reduced to a point below that required by any law or ordinance. Signs shall be so located as to maintain all required clearances from overhead power and service lines. 4. The minimum height of a projecting sign above grade shall be nine feet. 5. The maximum height of a projecting sign above the roof line shall be five feet. 6. The maximum projections hall not exceed the height of the sign. Section 12. 818.120. CANOPY OR MARQUEE SIGNS. 1. Signs may be placed on, attached to, or constructed in a marquee. 2. The minimum height of a canopy or marquee sign shall be nine feet. 3. No canopy, or marquee sign shall extend or project above the lower edge of a canopy or marquee more than three (3) feet six (6) inches. Section 13. 818.130. ELECTRIC SIGNS. 1. Electrical equipment used in connection with display signs shall be installed in accordance with the National Electrical Code. 2. Animated Signs: a. No animated signs shall be erected or maintained in any residential land use district. b. No animated signs shall be erected or maintained closer than seventy-five (75) feet from any residential land use district on which there exists structures used for residential purposes. c. No animated sign may be erected in any location which would obstruct the vision of or be confused with a traffic signal or stop sign. 3. Revolving Signs: a. No revolving unit may revolve more than eight (8) revolutions per minute. 4. Search lights may be used for the grand opening of a new enterprise or an enter- prise under new management for a period not to exceed seven (7) days. Other enterprises may use such a device only yearly for a maximum of seven (7) con- secutive days. The beam of such searchlight shall not flash against any building. Section 14. 018.140. BILLBOARDS. 1. Location: Poster panels or bulletins are subject to review, except for copy, by the Com- munity Design Review Board and may be located on Industrial, Manufacturing, Com- mercial or Retail Zone Districts subject to restrictions set out in this ordin- ance. Billboards shall not be permitted on a building. 2. Spacing: - 15 - tro billboard sign may be located closer to any other such advertising devices on the same side of the street or highway facing traffic heading in the same direction than five hundred (500) feet on any city street, primary highway, in— terstate or fully controlled freeway within the incorporated City, provided, however, this provision does not prevent erection of doublefaced, back—to—back, or V—type signs with a maximum of one (1) sign per facing. 3. The above spacing does not apply to structures separated by buildings or other obstructions in such a manner that only one (1) sign facing located within the above spacing distance is visible from the highway or street at any one time. 4. Size: The maximum area of a sign face shall not exceed eight hundred fifty (850) square feet, including border and trim, but excluding base and apron supports and other structural members. The maximum size limitation stated in this paragraph shall apply to each side of a sign structure and signs may be placed back—to—back, or in a V—type construction. 5. Lighting: a. Billboards will not be illuminated with flashing light or lights except those giving public service information such as, but not limited to time, date, temperature, weather or news. b. Billboard lighting will be effectively shielded so as not to impair the vision of any operator of a motor vehicle. c. Billboard lighting must not interfere with the effectiveness of or obscure any official traffic sign, device or signal. 6. Fees and Permits: a. The fee schedule as set forth in this ordinance will apply equally to bill— board signs. b. Annual permit renewals will be required. Permit renewals will not be accepted more than sixty (60) calendar days prior to expiration of permit. All per— mits will expire on June 30th of each year. c. The annual fee for such renewals will be on the same baois and schedule as prescribed for the original permit. d. A penalty of Two ($2.00) Dollars will be charged upon failure to pay the annual permit fee for renewal on or before July 1 of each year. e. The administrator may revoke the permit granted herein, for cause upon thirty (30) days written notice of such hearing to the permittee. Such notice and hearing are subject to the procedure as outlined in Section 818.040, Subsection 9 of this ordinance. 7. Ion —conforming Signs: Any billboard sign existing at the time of the enactment of this ordinance and not conforming to its provisions, shall be regarded as legal non —conforming — 16 — signs which may be continued, if properly repaired and maintained as provided in this ordinance and continue to be in conformance with other ordinances of this municipality. Non -conforming signs which are structurally altered, relocated, or replaced shall comply immediately with all provisions of this code. Section 15. 818.150. TEMPORARY SIGNS. 1. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed thirty-two (32) square feet in area, or eight (8) feet in height. Temporary signs may remain in place for a period not exceeding sixty (60) days, or until completion of project. 2. Portable signs: a. Portable signs with content of a public information nature shall be permitted without need for a permit. Such signs shall not exceed two hundred fifty (250) square feet in area and shall be limited to thirty (30) days. b. Other portable signs shall not exceed thirty-two (32) square feet in area or ten (10) feet in height without approval of a special permit by the City Council. 3. The following are permitted temporary signs: a. Political signs, including campaign and non -political campaign signs. b. Real estate signs. c. Holiday signs. d. Construction signs. Section 16. 118.160. DISTANCE rROM POWL'R LINES. 1. The distance signs shall be located from Power Lines, will be designated by local power companies. Section 17. 318.170. DISTRICT SCHEDULES. Signs shall be permitted as set forth in Sign Schedules I to VI inclusive, which are hereby made and declared to be an integral part of this ordinance. Schedule No. 1: All Districts The following special purpose and temporary signs shall be permitted in all dis- tricts, subject to the limitations set forth below: 1. Traffic control signs as defined in the "Motor Vehicle Act" subject to the provisions of said Act. 2. Signs required to be maintained or posted by law or governmental order, rule, or regulation. - 17 - 3. Memorial plaques, cornerstones, historical tablets, and the like. 4. On -site directional signs, not exceeding two (2) square feet in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are located. 5. Directional signs not more than two (2) in number identifying the location and nature of a building, structure, or use which is not readily visible from the street, serving such buildings, structure, or use on lands forming part of the site of such buildings, structure, or uses, provided that each such sign is not more than ten (10) square feet in area.. 6. Signs not exceeding none (9) square feet in area located upon private property and directed toward the prevention, of trespassing. 7. Window signs. 8. Awning Signs. 9. Temporary political signs promoting any candidate, party, or cause which may be displayed for thirty (30) days prior to an election or referendum, provided such signs are removed within seven (7) days following said election or referendum. Temporary political signs are prohibited on public property and utility poles. 10. Temporary signs pertaining to campaigns, drives, or events of political, civic, philanthropic, educational, or religious organizations, provided permission of the Council must be obtained to erect such signs upon or over public property and provided further than such signs shall not be erected or posted for a period of more than fourteens (14) days prior to the date of the event and shall he re- moved within three (3) days thereafter. 11. Flags and emblems of political, civic, philanthropic, educational, or religious organizations. 12. Temporary on -site signs advertising the sale, lease, or rental of the lot or premises upon which such reigns are situated, provided the combined area of such signs fronting upon each street which bounds such lot or premises shall not ex- ceed a ratio of one (1) square foot of sign area for each one -thousand (10000) square feet of lot area, but need not be less than six (6) square feet. Beal estate signs shall be removed within seven (7) days of closing date. 13. One (1) on -site and one (1) off -site temporary sign advertising a group of lots for sale within a subdivision or a group of houses for sale within a housing project along each street frontage which bounds such subdivision or project, pro- vided that the total area of such sign shall not exceed sixty-four (64) square feet with no single dimension in excess of sixteen (16) feet. The display of such sign shall be limited to a six (6) month period. At the expiration of such period the applicant may request a further extension of time, otherwise the sign shall he removed. 14. Temporary* on. -site signs indicating, the name and nature of a construction or de- molition project, plus the names of the contractors, sub -contractors, and pro- fessional advisors, provided the combined area of such signs fronting upon each street which bounds such project shall, not exceed a ratio of two (2) square feet of sign area for each one -thousand (1,OnO) square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed sixty- four (64) feet with no single dimension in excess of sixteen (16) feet. The display of such sign shall he limited to a period not to exceed the duration of said construction or demolition project, at which time such signs shall be re— moved. Schedule No. II: R-1, Residence District, R-2, Residence District, R-3 Multiple Dwellings: 1. Permitted: a. Signs permitted in Schedule I of this ordinance, as regulated therein. b. one (1) fascia sign of not more than two (2) square feet in area giving the name and occupation of the occupant of a building carrying on a home occupation as defined in the municipal zoning ordinance. c. One (1) business or identification fascia or freestanding sign of not more than eight (3) square feet in area, fronting on each street which bounds a lot in an apartment district. d, one (1) fascia or freestanding identification sign of not more than eight (8) square feet in area for an apartment building, dormitory unit, fraternity, or sorority house in a residential district. 2. Requirements: a. The maximum height of a freestanding sign shall be eight (8) feet. b. An illuminated sign shall he shielded in such a way as to protect all rights of adjacent property owners from nuisance. c. No animated signs shall be permitted. d. No billboards shall be permitted. 3. Maximum number of signs: a. In no case shall the number of signs per building exceed one(1). Schedule No. III L3C, Limited Business Commercial District, CO, Commercial Office District. 1. Permitted Signs: a. Signs permitted in Schedule I of this ordinance, as regulated therein. b. One (1) business or identification canopy or fascia sign per tenant and one (1) freestanding sign fronting each street bounding the property on which the sign is located. 2. Requirements: a. The total area of a canopy sign or a fascia sign: shall not exceed a ratio of one (1) square foot of sign copy for each lineal foot of street frontage of the building to which the sign is attached. In the case of multiple oc— cupancy, the wall surface for each tenant or user shall include only the surface area on the exterior facade of the premises occupied by such or user and shall be coordinated in size and location. — 19 — b. The total area of a freestanding sign shall not exceed eighty (80) square feet. C. In no case shall the height of a freestanding sign as otherwise permitted by this section exceed the distance in feet and inches measured from the center line of the street fronting upon its location to the structural member located nearest the street front. Said 'height shall be measured vertically from the street to the uppermost point of the said sign, but in no case will this height exceed twentyfive (25) feet to the top of the sign. d. Roof signs shall be in accordance with the requirements of Section 818.090. e. No animated signs shall be permitted. f. No billboards shall be permitted. 3. Maximum number of Signs: a. In no case shall more than one (1) sign per tenant and one (1) freestanding sign per building per frontage be permitted. Schedule IV: M-1, Light Manufacturing District, M! 2, Heavy Manufacturing District 1. Permitted Signs: a. Signs permitted in Schedule I of this ordinance and regulated therein. b. Two (2) business signs, canopy, fascia or freestanding, sign fronting each street bounding the property on which the sign is located. c. Billboards shall be permitted, subject to the restrictions set forth in this ordinance, providing they are located more than two -hundred (200) feet of any property in a single or multiple family residential district. 2. Requirements: a. The total copy area of canopy signs or fascia signs shall not exceed a ratio of three (3) square feet of sign copy for each lineal foot of street front- age. In the case of multiple occupancy, the wall surface for each tenant or user shall include only the surface area from the exterior facade of the premises occupied by such tenant or user. b. The total area of a freestanding sign shall not exceed two -hundred (200) square feet. c. In no case shall the ehight of a freestanding sign as otherwise permitted by this section, exceed a height of twentyfive (25) feet at property line. The height may be increased by one (1) foot for each additional three (3) feet the sign is setback from the front property line. Measurements shall be to the column or columns nearest the street front. The height shall be measured vertically from the average street and/or lot grade nearest the supporting columns to the highest point of said sign, but in no case will this height exceed fifty (50) feet to the top of the sign. d. Roof signs shall be in accordance with the requirements of Section 9. 818.090. - 20- 3. MaxiTwam number of signs: a. The permissible number of signs for each user is dependent upon the surface area of the largest face of his building. The permitted number of signs is as follows (not including incidental signs): Surface Area of Largest Facade Maximum Ido. of Signs Less than 500 square feet 2 500 — 1,499 square feet 3 1,500 — 2,999 square feet 4 Over 3,000 square feet 5 Building or enterprises with more than three —thousand (3,000) square feet on any face are permitted one (1) sign for each clearly deferentiated depart— ment or tenant with a separate exterior entrance, in accition to the five (5) allotted above and shall be coordinated as to size and location. b. Buildings on Intersecting Streets, or Building Facing two (2) Streets: Single occupancy buildings or tenants in multiple occupancy buildings facing two (2) intersecting streets with customer entrances on both streets shall be permitted one hundred fifty (150I) percent of the total sign area. Two (2) freestanding signs are permitted if they are located on two (2) different streets and are separated more than onehundred (100) feet, measured in a straight line between suns. If two (2) are used, they shall together com— prise no more than one hundred fifty (150%) percent of the total area stip— ulated in Section 2.c of Schedule No. IV. The maximum number of signs stipulated in Section 3 of Schedule IV may be increased by one (1) if a buil-ding is located at an intersection. Schedule ao. V: BC, Business and Commercial District, BC (M), Business and Commer— cial (Modified) District, SC, General Shopping Center District 1. Permitted Signs: a. Signs permitted in Schedule I of this ordinance, as regulated therein. b. For each occupant of a building, two (2) business or one (1) business and one (1) non —accessory canopy or fascia or freestanding or projecting or roof sign fronting each street bounding the property on which the sign is located shall be allowed, provided, however, than non —accessory signs shall not be permitted within fifty (50) feet from any property in a single or multiple family residential district and further that no more than one (1) freestanding sign shall be permitted. c. Billboards shall be permitted, subject to restrictions set forth in this ordinance, providing they are located more than two —hundred (200) feet from any property in a single or multiple family residential district. 2. Requirements: a. The total copy area of fascia signs shall not exceed twenty (20a) percent of the wall surface to which the signs are attached. In case of multiple — 21 — occupancy, 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. b. The maximum area of a freestanding business sign shall be as follows: Lot Area 6,000 sq. ft. or less 6,000 sq. ft to 1 acre more than 1 acre Total Sign Copy Area 150 sq. ft. 250 sq. ft. 300 sq. ft. c. In no case shall the height of a freestanding sign as otherwise permitted by this section exceed a height of twenty-five (25) feet at property line. The height may be increased by one (1) foot for each additional three (3) feet the sign is setback from the front property line. Measurements shall be to the column or columns nearest the street front. The height shall be measured vertically from the average street and/or lot grade nearest the supporting columns to the highest point of said sign, but in no case will this height exceed fifty (50) feet to the top of the sign. d. Billboards shall be permitted, subject to restrictions set forth in this ordinance, providing they are located more than two -hundred (200) feet from any property in a single or multiple family residential district. e. Roof signs shall be in accordance with the requirements of Section 818.090. 3. Maximum dumber of Signs: a. The maximum permissible number of signs shall be as stipulated in Section e.a. of Schedule IV. b. Buildings on intersecting streets or buildings facing two (2) parallel streets: Single occupancy buildings or tenants in multiple occupancy build- ings facing two (2) intersecting streets with customer entrances on both streets or buildings which extend through a block to face two (2) parallel streets with customer entrances on both streets shall be permitted one hun- dred fifty (1507) per cent of the total allowable sign area. Two (2) free- standing signs are permitted if they are located on two (2) different streets and are separated by more than one hundred (100) feet, measured in a straight line between signs. If two (2) such signs are used, they shall together com- promise no more than one hundred fifty (1507) per cent of the total area stipulated in Section 2.d. of Schedule V. 11ie raximum number of signs stip- ulated in Section 3.a, may be increased by one (1) if a building is located at an intersection. Schedule No. VI — Special Areas Shopping Centers and other comprehensive developments shall be subject to the submittal of a Comprehensive Sign Plan, as regulated by Section 4. 818.040 of this ordinance. The definition of shopping centers and other comprehensive development is those uses which consist of five (5) or more individual tenants. Comprehensive Sign Plans shall be reviewed by the Community Design Review board who shall forward a recommendation to the City Council on the appropriateness of the proposed plan. - 22 - Section 13. 202.180. SUBMITTAL EVALUATION. The Community Design Review hoard shall review the materials submitted with the application with respect to the follow- ing aspects of the proposal: 1. General site utilization. 2. General architectural considerations, including a review of: a. The height, bulk and area of all buildings on the site. b. The colors and materials to be used. c. The physical and architectural relationship of the proposed with existing and proposed structures in the area. d. The site, layout, orientation and location of all buildings and structures and their relationship with open areas and the topography. e. Height, materials, colors and variations in boundary walls, fences or screen plantings. f. Appropriateness of sign design, where provided by Chapter 818 of this Code, and exterior lighting. 3. General landscaping considerations. 4. Graphics to be used. To recommend approval of an application the Board shall make the following findings: 1. That the design and location of the proposed development and its relationship to neighboring or existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighbor- ing, existing or proposed developments; and that it will not create traffic haz- ards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding, neighborhood and is not detrimental to the harmon- ious, orderly, and attractive development contemplated by this ordinance and the City Comprehensive Municipal Plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. The Board in its recommended actions for approval may: 1. Recommend any conditions that it deems reasonable to its action of ap- proval. 2. Recommend that the applicant, as a condition, provide guarantees that the conditions of approval will be complied with. - 23 - Section 19. 202,190. nEFIIITS WITHOUT COUNCIL APPROVAL. The Director of Com- munity Development ray approve or cause to be modified any building permit for additions or remodeling vhere the construction valuation does not exceed Five Thousand ($5,000.00) Dollars. Section toy. This ordinance shall tape effect upon passage, adoption and public- ation. Passed by the City Council of the City of Maplewood, Minnesota this 14th day of July, 1977. Attest: Ayes - 4 mays - I