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HomeMy WebLinkAbout6.p. Sign Ordinance Text Amendment A zoning Ordinance Text Amendment to Revise the Sign Ordinance, Case 10-32-TAAGENDA ITEM: 10- 32 -TA: Sign Ordinance Text Amendment A Zoning Ordinance Text Amendment to Revise the Sign Ordinance AGENDA SECTION: CI9A �'l/►' �t PREPARED BY: Jason Lindahl, A.I.C.P. Planner AGENDA NO. ATTACHMENTS: 1 -25 -11 12 -28 -10 Excerpt PC Minutes, Sign Ordinance Amendment, Resolution, Minnesota Statute 239.751 Relating to Petroleum Signs APPROVED BY: Q RECOMMENDED ACTION: Staff recommends the City Council adopt the two following motions: 1) Motion to approve the attached ordinance No. B -212 amending Sections 11 -8- 5 and 11 -8 -7 of the City Code relating to Signs. 2) Motion to adopt a Resolution authorizing publication of Ordinance No. B -212 amending Ordinance B, the Zoning Ordinance, Sections 11 -8 -5 and 11 -8 -7 relating Signs. ROSEMOUNT EXECUTIVE SUMMARY City Council Meeting: CITY COUNCIL February 15. 2011 SUMMARY This item was initiated by staff in response to minor ordinance administration issues with the current sign regulations. After administering the current sign ordinance for the last eighteen months, staff has identified seven minor changes that would improve the overall performance of these regulations. Staff recommends approval of the attached ordinance which details the proposed changes. PLANNING COMMISSION ACTION The Planning Commission reviewed this item during their December 28, 2010 work session and January 25, 2011 regular meeting. Excerpt minutes from those meetings are attached for your reference. During the December work session, the Commission directed staff to prepare a draft ordinance to amend the sign ordinance with regard to all of the proposed changes with the exception of the minimum display time for temporary signs. For that item, the Commission found the current 5 minute standard to be sufficient. At the January 25, 20111 regular meeting, staff presented the draft ordinance amendment and the Commission held a public hearing that produced no comment. The Commission then voted unanimously to recommend the City Council approve the proposed sign ordinance amendment. 1 Comparison of Temporary and Permanent Height Standards District Current Temporary Sign Height Standard Current Permanent Freestanding Height Standard P/I Public Institutional 6 6' C -1, Convenience Commercial 10' DT, Downtown 10' C -3, Highway Commercial C -4, General Commercial 20' BP Business Park 10' LI Tig ht Industrial 10' GI General Industrial 10' HI Heavy Industrial 10' BACKGROUND During 2008 and 2009, the City went through an extensive review of the City's sign regulations. The City Council appointed a Sign Review Committee to oversee the process and recommend any necessary changes. During the process, staff gathered public input from residents, local businesses, the Rosemount Area Business Council (RABC) and the Builders' Association of the Twin Cities through direct mailings, newspaper articles, and public meetings. The process concluded in June of 2009 when the City Council approved the current sign standards. ISSUE ANALYSIS The following is a summary of the proposed changes to the current sign regulations. Detailed sttikethtetigh and underline changes can be found in the attached ordinance. After working with the new ordinance for eighteen months, staff identified seven revisions which would improve the overall performance of the sign regulations. These changes are necessary to eliminate minor non- conformities as well as more closely match the current regulations with the spirit and intent of the 2009 sign ordinance amendment. The proposed changes are consistent with direction from the Planning Commission provided during their reviews in December 2010 and January 2011. 1. Dynamic Signs (Section 11- 8 -5.E). There are two proposed changes to the regulations for dynamic signs. The first change eliminates the "minor" and "principal" qualifiers for arterial roads. This "housekeeping" change applies the district limitation standard to all arterial roads. The second change adds language to exclude land zoned C -3 and within the Downtown Study Area as designated in the Development Framework for Downtown Rosemount. This change is necessary as a result of reestablishing standards to allow static electronic gasoline price signs in the C -1, Community Commercial and C -3, Highway Commercial districts (see below). 2. On- Premise Temporary Signs (Section 11- 8 -5.H). There are two proposed changes to these standards. The first would allow businesses that are only open to customers on an intermittent basis to assign the fourteen (14) day permit to the days the business is actually open to customers rather than fourteen (14) consecutive days. The second would amend the height standard for temporary signs from a uniform six (6) feet to the height of a permanent freestanding ground sign in the given district. These height standards are detailed in the table below. 2 3. Directional Signs in Commercial Districts (Section 11- 8 -5.I). Currently, the sign ordinance allows one on -site directional sign per curb cut. While staff continues to support this standard, we recommend allowing additional internal directional signs to direct vehicle or pedestrian traffic in a safe and convenient manner. 4. Sign Letter Depth Standard (Section 11- 8- 7.C.1.a..1). Wall signs in the commercial, industrial and business park districts require three- dimensional channel letters. However, the current standard does not specify a minimum letter depth. After talking with surrounding communities and several sign contractors, staff recommends establishing a three (3) inch minimum channel letter depth. 5. Projecting Signs in Downtown (Section 11- 8- 7.C.1.a.5). Currently, the sign ordinance requires a minimum ten (10) feet of clearance between the sidewalk elevation and the lowest point of a projecting sign. This standard was found to be problematic when placing projecting signs at Waterford Commons in that it was difficult to establish a visual connection between the sign and the associated business. As a result, the City Council amended the Waterford Commons PUD to allow projecting signs to have a minimum of seven and one half (7.5) feet of clearance between the sidewalk elevation and the lowest point of the projecting sign. Staff now proposes establishing this standard for all projecting signs in downtown. 6. Gasoline Signs (Sections 11- 8- 7.C.1.f and 11- 8- 7.C.2.i). Under the previous sign standards, gas stations in the C -1 and C -3 districts were allowed static (unchanging) electronic gas price signs. Under the current regulations, standards for electronic gasoline price signs were replaced with the dynamic sign standards. However, this change did not correspond to the original intent of the regulations and created a few non conforming signs. Therefore, staff proposes to reestablish static electronic gasoline signs in the C -1 and C -3 districts. As a result, dynamic signs can be eliminated from properties zoned C -3 and within the Downtown Study Area as designated in the Development Framework for Downtown Rosemount (see changes to Dynamic Signs above). 7. P/I District Standards. In coordination with updates to the development standards for the Public and Institutional district, staff recommends creating distinct sign standards for this district. These new standards are a combination of the current ground sign standards for public and institutional uses in residential districts and the wall sign standards from the DT, Downtown district (excluding projecting signs). CONCLUSION RECOMMENDATION Both staff and the Planning Commission recommend approval of the seven changes to the current sign ordinance summarized above and detailed in the attached ordinance. The proposed changes are consistent with direction provided by the Commission during their reviews in December 2010 and January 2011. Overall, these changes are necessary to eliminate minor non conformities as well as more closely match the current regulations with the spirit and intent of the 2009 sign ordinance amendment. 3 EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING JANUARY 25, 2010 c. Sign Ordinance Text Amendment (10- 32 -TA). Planner Lindahl summarized the staff report stating that this item was initiated by staff in response to minor ordinance administration issues with the current sign regulations. After administering the current sign ordinance for the last eighteen months, staff has identified seven minor changes that would improve the overall performance of these regulations. Mr. Lindahl reviewed the proposed changes with the Commissioners. The public hearing was opened at 6:56p.m. There were no public comments. MOTION by Powell to close the public hearing. Second by Kolodziejski. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 6:57p.m. MOTION by Commissioner Powell to recommend the City Council approve an Ordinance Amending the City of Rosemount Ordinance B Relating to Signs. Second by Demuth. Ayes: 5. Nays: None. Motion approved. Mr. Lindahl stated this item is scheduled to go to the City Council for approval at the February 15, 2011, meeting. EXCERPT FROM DRAFT MINUTES PLANNING COMMISSION WORK SESSION DECEMBER 28, 2010 b. A Zoning Ordinance Text Amendment to Revise the Sign Ordinance (10- 32 -TA). Planner Lindahl stated that after administering the current sign ordinance for the last eighteen months, staff has identified seven minor changes that would improve the overall performance of these regulations. Mr. Lindahl reviewed the seven minor changes and requested comment from the Commission. 1. P/I District Standards creating distinct sign standards for this district. 2. Sign Letter Depth Standard establish a minimum channel letter depth. 3. Projecting Signs in Downtown allow projecting signs to have a minimum of seven and one half (7.5) feet of clearance between the sidewalk elevation and the lowest point of the projecting sign. 4. Temporary Signs Height Standard allow taller (i.e. flag or vertical) temporary signs. 5. Minimum Display Times for Dynamic Signs considering a reduction to something less than the current five (5) minute minimum display time. A short discussion took place among the Commissioners regarding the minimum display times for dynamic signs. It was agreed overall that since there is no new study supporting a shorter display time, it was decided to leave the current display time of 5 minutes. 6. Add Static Electronic Gas Price Signs to C-1 reestablishing static gas price signs in the C1 district. The Commission was fine with this addition. 7. Directional Signs in Commercial Districts additional internal direction signage (to drive -thrus and the like) may be warranted. 11 -8 -5: GENERAL REGULATIONS: C. Construction and Placement. City of Rosemount Ordinance No. B- 212 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO SIGNS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11 -8 -5 is hereby amended as following: A. Changeable Copy Signs: One (1) changeable copy sign (but not including electronic changeable copy signs) shall be allowed per site provided that the area of the sign not exceed fifty (50) percent of the allowable sign area or fifty (50) square feet, whichever is less, for a freestanding or wall sign. B. Classification. All signs shall be an accessory use or structure. 1. Except in the C -2 district and as otherwise regulated herein, all freestanding signs shall be setback at least ten (10') feet from any property line. No sign, except official signs, may be located within the public right -of -way, a corner sight triangle or any easement. 2. No sign shall be erected in or overhang upon a public right of way or otherwise interfere with safe pedestrian or vehicular movement, except official signs. 3. No sign shall contain colors, shapes, intermittent lighting or words such as "stop "warning "caution etc., which may be confused with traffic signing or controls unless such signs are intended or approved for such use. 4. Electrical signs shall be installed according to state electrical codes and shall require underground wiring. 5. No sign or sign structure shall be permitted to interfere with the safe access to doors, windows or fire escapes. No sign or sign structure shall be attached to a standpipe or fire escape. 6. No sign shall contain intermittent, flashing or other type of lighting which changes in intensity or color when artificially illuminated. 7. No exterior sign shall pivot, move, rotate or display any moving parts. 8. No sign shall be painted directly on the exterior surface of any building. 9. Signs which advertise a business, activity, product or service not located exclusively on the premises are prohibited except as regulated herein. 10. No sign may contain more than two (2) sides. 11. No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the Community Development Department designee. 12. No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof. 13. Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings or streets. 14. No permanent freestanding or building mounted sign shall be supported by guy wires. 15. The Planning Commission and /or City Council may recognize separate sign plans for a project, site, or multi- building PUD which will supersede the ordinance. The sign plans which have been approved by the City will have the effect of a sign ordinance for the specific project, site or multi building PUD. 16. Audio speakers or any form of pyrotechnics are prohibited in association with any sign. 17. No sign shall be erected, placed or located upon private property without the permission of the property owner. This includes obtaining permission of the adjacent property owner for any sign placed in the public right -of -way. D. Sign Maintenance and Repair. All signs shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, cleaning and other items required for maintenance of the sign. Vegetation around, in front of, behind, and underneath the base of ground signs for distance of 10 feet shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. E. Dynamic Signs. Dynamic signs are allowed subject to the following standards. 1. District Limitations. Dynamic signs may be located on properties within the C -3, Highway Commercial (excluding the Downtown Study Area as designated in the Development Framework for Downtown Rosemount, C -4, General Commercial, and PI Public and Institutional districts that also have frontage along an Miller Arterial or Principal Arterial roads as designated in the Comprehensive Plan. 2. Location. The sign must be located on the site of the use identified or advertised by the sign. 3. Orientation. When located within 150 feet of a residential use or zone, dynamic signs must be oriented so that no portion of the sign face is visible from the residential use or district. 2 Minimum Text Sizes for Dynamic Signs Speed Limit of Adjacent Road Minimum Text Size 25 to 34 MPH 7 Inches 35 to 44 MPH 9 Inches 45 to 54 MPH 12 Inches 55 or More MPH 15 Inches 4. Type of sign. Dynamic signs are limited to ground signs only. 5. Text Size and Legibility: The following minimum text sizes shall apply to all dynamic signs. If a sign is located on a corner with streets that have differing speed limits, the minimum text size shall be based on the standard for the higher speed limit to ensure maximum legibility. 6. Mode: Dynamic signs shall only be allowed to operate in a static mode. Animation, motion or video displays is prohibited. Any change from one static display to another must be instantaneous and shall not include any distracting effects, such as dissolving, spinning or fading. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 7. Size and Number of Dynamic Display: The dynamic portion of any sign shall not exceed 35 percent of the total allowable area of the sign. The remaining 65 percent of the allowable sign area cannot have dynamic capabilities even if it's not used. Each site can have only one dynamic sign and that sign can have only one dynamic display. 8. Minimum Display Time. The minimum display time shall be 5 minutes. One exception to this standard would be for time, date and temperature signs which the federal court has acknowledged as a justifiable exception to limitations on variable message signs. The time, date and temperature information may change no faster than once every three (3) seconds, provided that the display of this information remains for at least 5 minutes before changing to another display. 9. Brightness. Dynamic sign shall not exceed a maximum illumination of 5,000 nits during daylight hours and a maximum illumination of 500 nits between dusk to dawn as measured from the sign's face at maximum brightness. All dynamic sign applications shall include certification from the sign's manufacturer that the sign has been preset to conform to the luminance levels noted above and these setting are protected from end users manipulation by password protected software. 10. Color: Dynamic signs may use multiple colors within the display but the use of color shall not create distraction or a hazard to the public health, safety or welfare. No portion of the display may change in color or color intensity in any manner Each line of text in any direction shall be uniform in color. 11. Operation. All dynamic signs shall be equipped with a means to immediately discontinue the display if it malfunctions. The owner of a dynamic sign must immediately cease operation of their sign when notified by the city that it fails to comply with the standards of this ordinance. The dynamic sign shall remain inoperable until such time that the owner demonstrates to the City that the device is in satisfactory working condition and conforms to the standards of this ordinance. Appeals of the City's direction regarding the operation of a 3 dynamic sign shall follow the appeals process outlined in Chapter 12: Board of Appeals and Adjustments. 12. Application to Existing Signs. The dynamic sign standards shall apply to all existing and future dynamic signs, unless otherwise determined by the City that an existing sign qualifies as a non conforming use under state statute or city code. Any existing dynamic sign that cannot meet the minimum text -size as required by the speed limit must use the largest size possible for one line of copy to fit in the available display space. F. Flags. Flags displayed in commercial and industrial districts shall not exceed in surface area the maximum permitted for freestanding signs, provided further that the display of more than three (3) flags shall be debited against the total freestanding signage area permitted. G. Landscaping. Subject to the standards of the individual zoning district in which the sign is placed, the area around freestanding signs shall be landscaped with plantings and maintained in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. H. On- Premise Temporary Signs: Applications for on- premise temporary sign permits shall follow the Administration and Enforcement requirements detailed in Section 11 -8 -4.B A, subject to the following: a. Number and Duration of Permit: Each property may have only one temporary sign permit at any given time. Permits for temporary signs may be issued a maximum of six (6) times per year for a maximum of fourteen (14) days per permit. Businesses only open to customers on an intermittent basis may assign the fourteen (14) day permit to the days they are actually open to customers. Permits for searchlight signs may be issued a maximum of three (3) times per year for a maximum of three (3) days per permit. b. Location and Exceptions. Temporary signs are allowed in any Commercial, Business Park, Industrial, or Public /Institutional district except that portable changeable copy signs are prohibited in the C -2, Downtown Commercial District. Sidewalk sign shall comply with the specific standards detailed in Section 11- 8- 4.B.3. c. Size and Placement: Temporary signs shall not exceed thirty-two (32) square feet in area or dix (6) fcct in height the maximum height of a permanent freestanding ground sign in the given district. Temporary signs shall be setback a minimum of ten (10) feet from any property line and shall not encroach upon any right -of -way, easement, or sight triangle. No temporary sign may be placed in such a way as to cover any door, window or fire escape and shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area. d. Conformance with Other Standards: Temporary signs shall conform to all other applicable zoning and building code standards. I. Directional Signs. Directional signs shall be permitted in any commercial, business park, industrial or public and institutional zoning district. Individual on -site directional signs shall not exceed two- square feet nor three feet in height. The maximum number of directional sign per site shall not exceed one per curb cut. 4 Additional directional signs may be allowed internal to the site for the purpose of directing vehicular or pedestrian traffic in a safe and convenient manner. Section 2. following: Rosemount Zoning Ordinance B, Section 11 -8 -7 is hereby amended as 11 -8 -7 District Regulations: The following signs are allowed by specific zoning district subject to the Site and Building Standards of the applicable district. A. Signs Allowed By Permit In Agricultural Districts: 1. One sign per farm identifying the name of said farm not exceeding twenty four (24) square feet. 2. One sign per farm advertising agricultural products raised in part on the premises not exceeding thirty two (32) square feet. B. Signs Allowed By Permit In Residential Districts: 1. Residential Subdivisions having five (5) or more lots are allowed up to two (2) decorative free standing monument signs per principal entrance to the subdivision. Each sign is limited to thirty -two (32) square feet and 6 feet in height. These signs shall be located on private property and shall not be located within any sight triangle. Such signs, if illuminated, shall use only indirect light with the light source fully diffused and aimed toward the ground. 2. Public or institutional uses or apartment or condominium buildings are allowed one (1) free standing monument sign per site. Sites with multiple frontages along a public right -of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or a Collector or Principal Arterial road as identified in the Comprehensive Plan. Each sign is limited to thirty -two (32) square feet and six (6) feet in height. These signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, the base width dimension shall be larger than fifty percent (50 of the greatest width of the sign. Such signs, if illuminated, shall use only indirect light with the light source fully diffused and aimed toward the ground. These signs shall be located on private property and shall not be located within any sight triangle. 3. For -Sale or Lease signs subject to the standards in Section 11- 8 -4.B.8 C. Signs Allowed By Permit in Commercial and BP Districts. Signs should be architecturally compatible with the style, composition, materials, colors and details of the building which it identifies while differing from signs on surrounding sites and providing a unique identity. 1. C -1, Convenience Commercial and C -2, Downtown Commercial as follows: a. Wall Signs (1) Permanent wall signs shall not exceed fifteen (15) percent of the total area of the wall on which the signs are affixed. Wall signage may be affixed to windows but shall not exceed thirty (30) percent of the window on which it is placed and is counted toward 5 the overall fifteen (15) percent maximum wall signage. Signage placed on a wall facing a parking area and abutting a residential use shall not exceed ten (10) percent of the total area of the wall on which it is placed and shall not be illuminated passed 9:00 p.m. nor before 6:00 a.m. (2) All permanent wall signs shall be individual channel letters mounted flush with the building or on a raceway. Channel letters shall have a minimum depth of at least three (3) inches. Box or panel signs are prohibited. (3) Wall signs may be located on any side of a commercial building that faces another commercial or industrial use, a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan or a parking area. (4) Wall signs constructed on structures with more than one sign shall be designed according to an approved sign concept plan in which all signs have complementary designs, similar shapes and sign areas. Consideration may be made by PUD to permit variation in size and design of signs for major tenants or anchor businesses in larger complexes. (5) In the C -2 Downtown Commercial district only, properties may have a sign that projects from the side of the building in addition to the maximum fifteen (15) percent wall sign standard. This sign may not exceed 12 square feet in size or three feet in width. The maximum distance between sign and building face is one foot; however, at no time shall any projecting sign encroach the public right -of way. No portion of a projecting sign may extend beyond the second floor of the building. No less than 10 fcct seven and one half (7.5) feet of clearance shall be provided between the sidewalk elevation and the lowest point of the projecting sign. Signs cannot block or diminish design details, windows or cornices of the building upon which they are placed. b. Freestanding signs. (1) One permanent freestanding sign per site. Sites with multiple frontages along a public right -of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Each sign is limited to forty (40) square feet and ten (10) feet in height. Such signs, if illuminated, shall use only indirect light with the light source fully diffused and aimed toward the ground. (2) All permanent freestanding signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, the base width dimension shall be larger than fifty percent (50 of the greatest width of the sign. c. Changeable Copy Signs subject to the standards in Section 11 -8 -5.A d. On- Premise Temporary signs subject to the standards in Section 11 -8 -5.H e. For -Sale or Lease signs subject to the standards in Section 11- 8 -4.B.7 6 f. Gasoline Signs (C -2 District only). An area not to exceed sixteen (16) square feet within a freestanding sign shall be allowed for continuous display (no flashing, scrolling or other animation) of electronic or non electronic changeable copy identifying current fuel prices in accordance with Minnesota State Statutes Section 239.751 2. C -3, Highway Commercial and C -4, General Commercial as follows: a. Wall Signs. (1) Permanent wall signs shall not exceed twenty (20) percent of the total area of the wall on which the signs are affixed. Wall signage may be affixed to windows but shall not exceed thirty (30) percent of the window on which it is placed and is counted toward the overall twenty (20) percent maximum wall signage. (2) All permanent wall signs shall be individual channel letters mounted flush with the building or on a raceway. Channel letters shall have a minimum depth of at least three (3) inches. Box or panel signs are prohibited. (3) Wall signs may be located on any side of a commercial building that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. (4) Wall signs constructed on structures with more than one sign shall be designed according to an approved sign concept plan in which all signs have complementary designs, similar shapes and sign areas. Consideration may be made by PUD to permit variation in size and design of signs for major tenants or anchor businesses in larger complexes. b. Freestanding Signs: (1) One permanent freestanding sign per site. Sites with multiple frontages along a public right -of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Each sign is limited to one hundred (100) square feet and twenty (20) feet in height. Such signs, if illuminated, shall use only indirect light with the light source fully diffused and aimed toward the ground. (2) All permanent freestanding signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, the base width dimension shall be larger than fifty percent (50 of the greatest width of the sign. (3) Common Freestanding Sign Bonus. The City may approve up to a twenty -five (25) percent size bonus for adjoining properties with a common lot line that construct a common freestanding ground sign. No property shall be part of more than one common freestanding sign bonus and the sign bonus is limited to one (1) twenty -five (25) percent increase regardless of the number of participating properties. Properties eligible to participate in the common freestanding sign bonus must directly adjoin 7 the site on which the Common Freestanding Sign is constructed. The sign shall conform to all applicable performance standards for the zoning district in which it is located, except that the size of the sign may be up to one hundred and twenty five (125) percent of the maximum permanent freestanding ground sign size standard. The bonus sign area shall not increase the sign height. Should the sign include a dynamic sign, the dynamic portion of the sign shall not exceed thirty -five square feet, regardless of the total area of the sign. All parties to the common freestanding sign shall enter into an agreement addressing construction, maintenance and repair responsibilities and trespass rights. This agreement shall be filed with the Dakota County Recorder against the title of all properties involved. Amendment or cancelation of the agreement shall be allowed only upon written approval by the Community Development Director or their designee. c. Subdivisions Signs: For the purposes of creating identity in planned subdivisions, in addition to other freestanding signs allowed by this chapter, one freestanding subdivision identification sign shall be allowed limited to one hundred (100) square feet and ten (10) feet in height. Subdivision identification signs shall only be permitted on property within the subdivision being identified which is situated on a principal or minor arterial road as identified in the city of Rosemount comprehensive guide plan. Furthermore, subdivision identification sign shall not be situated closer than one hundred (100) feet to any other permitted freestanding sign. d. Changeable Copy Signs subject to the standards in Section 11 -8 -5.A e. On- Premise Temporary signs subject to the standards in Section 11 -8 -5.H f. For -Sale or Lease signs subject to the standards in Section 11- 8 -4.B.7 g. Dynamic Signs subject to the standards in Section 11 -8 -5.E h. Marquee Signs. Movie theaters are allowed chasing and running lights on marquees subject to the requirements for wall signs in commercial districts and the following standards: (1) Running and chasing lights are only allowed in the C -4 general commercial and C -2 community commercial districts. (2) Signs with running and chasing lights are not permitted on walls that are within two hundred fifty feet (250') of residential districts or uses from which the sign is visible, and the lights shall not exceed an illumination intensity of 0.5 lumens at the property line. (3) No signs with running and chasing lights are allowed in a front yard setback; (4) Signs with running and chasing lights shall be a minimum of twelve feet (12') above the adjacent grade elevation and street grade elevation; (5) The power of illumination of running and chasing lights shall be limited to fifteen (15) watts per bulb; 8 (6) Running and chasing lights shall not be located near intersections nor within the sight triangle adjacent to an intersection; (7) Only permanent wall signs shall be allowed running and chasing lights; and (8) Hours of illumination shall be limited to between the hours of eleven thirty o'clock (11:30) A.M. and eleven o'clock (11:00) P.M. Gasoline Signs (C -3 District only). An area not to exceed sixteen (16) square feet within a freestanding sign shall be allowed for continuous display (no flashing. scrolling or other animation) of electronic or non electronic changeable copy identifying current fuel prices in accordance with Minnesota State Statutes Section 239.751 3. BP, Business Park as follows: a. Wall Signs. (1) Permanent wall signs shall not exceed twenty (20) percent of the total area of the wall on which the signs are affixed. (2) All permanent wall signs shall be individual channel letters mounted flush with the building or on a raceway. Channel letters shall have a minimum depth of at least three (3) inches. Box or panel signs are prohibited. (3) Wall signs may be located on any side of a building that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. (4) Wall signs constructed on structures with more than one sign shall be designed according to an approved sign concept plan in which all signs have complementary designs, similar shapes and sign areas. Consideration may be made by PUD to permit variation in size and design of signs for major tenants or anchor businesses in larger complexes. b. Freestanding Signs: (1) One permanent freestanding sign per site. Sites with multiple frontages along a public right -of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Each sign is limited to one hundred (100) square feet and ten (10) feet in height. Such signs, if illuminated, shall use only indirect light with the light source fully diffused and aimed toward the ground. (2) All permanent freestanding signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, the base width dimension shall be larger than fifty percent (50 of the greatest width of the sign. 9 c. Subdivisions Signs: For the purposes of creating identity in planned subdivisions, in addition to other freestanding signs allowed by this chapter, one freestanding subdivision identification sign shall be allowed limited to one hundred (100) square feet and ten (10) feet in height. Subdivision identification signs shall only be permitted on property within the subdivision being identified which is situated on a principal or minor arterial as identified in the city of Rosemount comprehensive guide plan. Furthermore, subdivision identification sign shall not be situated closer than one hundred (100) feet to any other permitted freestanding sign. d. Temporary signs subject to the standards in Section 11 -8 -5.H e. For -Sale or Lease signs subject to the standards in Section 11- 8 -4.B.7 B. Signs Allowed by Permit in the Industrial Districts (LI, Light Industrial, GI, General Industrial, and HI, Heavy Industrial). 1. Wall signs. (1) Permanent wall signs shall not exceed twenty (20) percent of the total area of the wall on which the signs are affixed. (2) All permanent wall signs shall be individual channel letters mounted flush with the building or on a raceway. Channel letters shall have a minimum depth of at least three (3) inches. Box or panel signs are prohibited. (3) Wall signs may be located on any side of a commercial building that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. (4) Wall signs constructed on structures with more than one sign shall be designed according to an approved sign concept plan in which all signs have complementary designs, similar shapes and sign areas. Consideration may be made by PUD to permit variation in size and design of signs for major tenants or anchor businesses in larger complexes. 2. Freestanding Signs. (1) One permanent freestanding sign per site. Sites with multiple frontages along a public right -of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Each sign is limited to one hundred (100) square feet and ten (10) feet in height. Such signs, if illuminated, shall use only indirect light with the light source fully diffused and aimed toward the ground. (2) All permanent freestanding signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, the base width dimension shall be larger than fifty percent (50 of the greatest width of the sign. 10 3. Subdivisions Signs: For the purposes of creating identity in planned subdivisions, in addition to other freestanding signs allowed by this chapter, one freestanding subdivision identification sign shall be allowed limited to one hundred (100) square feet and ten (10) feet in height. Subdivision identification signs shall only be permitted on property within the subdivision being identified which is situated on a principal or minor arterial as identified in the city of Rosemount comprehensive guide plan. Furthermore, subdivision identification sign shall not be situated closer than one hundred (100) feet to any other permitted freestanding sign. 4. Temporary signs subject to the standards in Section 11 -8 -5.H 5. For -Sale or Lease signs subject to the standards in Section 11- 8 -4.B.7 C. Signs Allowed by Permit in the FW District: 1. Navigational signs including barge ship identification and directional signs. 2. Park identification and interpretation signs. D. Signs Allowed by Permit in the Public and Institutional District. a. Wall Signs (1) Permanent wall signs shall not exceed fifteen (15) percent of the total area of the wall on which the signs are affixed. Wall signage may be affixed to windows but shall not exceed thirty (30) percent of the window on which it is placed and is counted toward the overall fifteen (15) percent maximum wall signage. (2) All permanent wall signs shall be individual channel letters mounted flush with the building or on a raceway. Channel letters shall have a minimum depth of at least three (3) inches. Box or panel signs are prohibited. (3) Wall signs may be located on any side of a commercial building that faces another commercial or industrial use, a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan or a parking area. (4) Wall signs constructed on structures with more than one sign shall be designed accordin to an a roved si conce t elan in which all s' s have com lemen designs, similar shapes and sign areas. Consideration may be made by PUD to permit variation in size and desk of signs for major tenants or anchor businesses in larger complexes. b. Freestanding signs. (1) One (1) free standing monument sign per site. Sites with multiple frontages along a public right -of -way will be allowed one (1) additional sign per right -of -way frontage provided that frontage faces another commercial or industrial use or Collector or Arterial road as identified in the Comprehensive Plan. Each sign is limited to thirty two (32) square feet and six (6) feet in height. These signs shall be located on private property and shall not be located within any sight trian le. 11 Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this day of 2009. ATTEST: (2) All permanent freestanding signs shall have a base made of decorative materials compatible with the exterior materials of principal structure on site. At a minimum, the base width dimension shall be larger than fifty percent (50 of the greatest width of the sign. c. Changeable Copy Signs subject to the standards in Section 11 -8 -5.A d. On- Premise Temporary signs subject to the standards in Section 11 -8 -5.H e. For -Sale or Lease signs subject to the standards in Section 11- 8 -4.B.7 Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of 2011. 12 CITY OF ROSEMOUNT William H. Droste, Mayor CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2011 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B -212 AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO SIGNS WHEREAS, the Planning Commission of the City of Rosemount recommended City Council approval of this amendment after holding a public hearing on January 25, 2011; and WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B -212 amending the City of Rosemount Zoning Ordinance B relating to signs; and WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinances. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. B -212 to be published in the official newspaper in lieu of the entire ordinance: Public Notice During their February 15, 2011, meeting, the City Council of the City of Rosemount adopted Ordinance No. B -212. The ordinance amends Sections 11 -8 -5 and 11 -8 -7 of Ordinance B, the Zoning Ordinance relating signs. In summary, the new ordinance makes the following seven (7) changes: 1. Dynamic Signs Eliminates the "minor" and "principal" qualifiers for arterial roads associated with district limitation standards and adds language to exclude land zoned C -3 and within the Downtown Study Area as designated in the Development Framework for Downtown Rosemount. 2. On- Premise Temporary Signs. Allows businesses that are only open to customers on an intermittent basis to assign the fourteen (14) day permit to the days the business is actually open to customers and changes the height standard from six feet to that of a permanent freestanding ground sign in the given district. 3. Directional Signs in Commercial Districts. Allows additional internal directional signs to direct vehicle or pedestrian traffic in a safe and convenient manner. Resolution 2011- 4. Sign Letter Depth Standard. Requires a minimum three (3) inch channel letter depth. 5. Projecting Signs in Downtown. Allows projecting signs to have a minimum of seven and one half (7.5) feet of clearance between the sidewalk elevation and the lowest point of the projecting sign. 6. Gasoline Signs. Reestablish static electronic gasoline signs in the C -1 and C -3 districts. 7. P/I District Standards. Creates distinct sign standards for this district. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B -212 shall be kept in the City Clerk's office at City Hall for public inspection and a full copy of the ordinance be posted in the lobby of City Hall for 30 days after adoption. ADOPTED this 15` day of February, 2011, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor 239.751, 2010 Minnesota Statutes https: /www.revisor.mn.gov /statutes ?id= 239.751 2010 Minnesota Statutes 239.751 PETROLEUM DISPENSER, PRICE, LABEL, AND SIGN. Subdivision 1. Dispenser requirements, automatic price computation. A retail petroleum dispenser that automatically computes the total price of each sale must have a unit price indicator on the face of the computer mechanism that clearly displays the price per gallon or price per liter, including all taxes. The unit price indicator must not be covered or obscured in any manner. Subd. 2. Dispenser requirements, manual price computation. A retail petroleum dispenser that does not automatically compute the total price of each sale must have a sign stating the price per gallon or price per liter, including all taxes. The sign must be white with black letters and figures. The letters and figures must be at least one inch high. The sign must be clearly and conspicuously posted on all dispenser faces, as close as possible to the total quantity indicator. Examples of acceptable unit price signs include: "$1.20 /gallon," or "$0.32 /liter." Subd. 3. Price advertising sign; gasoline, diesel fuel. A sign or device designed to advertise the price of gasoline or diesel fuel, that is posted within view of any public highway, road, or street, or on or near premises where gasoline is sold at retail, must meet the following requirements: (a) The price per gallon, or price per liter, including all taxes and fees to be collected in connection with the sale, must be clearly stated in figures of uniform size and prominence. (b) If the advertised price per gallon, or price per liter, is subject to any conditions or restrictions, the conditions or restrictions must be clearly posted on the sign. For example, if a customer must pay cash to obtain the advertised price, the sign must clearly state "cash," "cash price," or "cash discount price." Subd. 4. Use of term "premium." The term "premium" may be used only to advertise, or to identify a dispenser used to dispense, gasoline with an octane rating of 91 or greater. Subd. 5. Multiple price structure, signs. A person shall post signs on the dispensers, on the dispenser island, or on the canopy over the dispensers, that clearly state the conditions for obtaining the price offered on the dispensers, if the person: (1) sells or offers to sell gasoline or diesel fuel at retail; (2) has more than one dispenser for a specific grade of product; and (3) sets different dispensers to compute a total sale at different prices for the same product. For example, signs must be posted to direct customers to separate dispensers for full service or self service prices. Subd. 6. Nonconforming dispenser, sign, display, or label. When a dispenser, sign, display, or label does not comply with the requirements in this section, the director shall reject the noncomplying dispenser or other equipment and employ any or all of the following actions to prohibit use of the noncomplying dispenser or other equipment: (1) reject and mark as rejected the pumps, meters, or other dispensers that do not comply, or are used in conjunction with advertising signs or price displays that do not comply; (2) issue a written warning to the owner, operator, manager, or attendant of the business or property where the dispenser or sign is located; 1 of2 1/19/2011 12:41 PM 239.751, 2010 Minnesota Statutes https: /www.revisor.mn.gov /statutes ?id= 239.751 (3) issue a citation to the owner, operator, manager, or attendant of the business or property where a dispenser or sign is located; (4) request that a city or county attorney draft a misdemeanor complaint. Subd. 6a. Person must be present when fueling; sign. (a) A person must be in close attendance to the dispenser nozzle while fuel is being dispensed into a motor vehicle. No civil or criminal penalties apply to violations of this subdivision. (b) A person who sells petroleum product at retail to the public for use in motor vehicles as defined in section 296A.01, subdivision 21: (1) shall post signs in the locations described in subdivision 5 that state: "A person fueling a motor vehicle must be in close attendance to the dispenser nozzle during the fueling process. and (2) may discontinue fuel services to a person who violates paragraph (a). Subd. 7. Dispenser and other equipment; responsibility. A person responsible for the product must meet all of the requirements in this section. When a dispenser or other equipment is rejected for failure to comply with this section, a person responsible for the product is required to correct the dispenser, price display violation, or price advertising violation. Subd. 8. Use of number to advertise grade of gasoline. If a number is used to advertise or identify a grade of gasoline, that number can only be less than or equal to the octane of the gasoline being advertised or identified. History: 1992 c 575 s 24; 2007 c 62 s 1; 2008 c 281 s 1 2 oft 1/19/2011 12:41 PM