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Home My WebLink About2.a. 08-01-TA: Sign Ordinance Amendment A Memo Summarizing the Draft Sign Ordinance Amendment Approved by the Sign Committee Requesting Initial FeedbackAGENDA ITEM: 08- 01 -TA: Sign Ordinance Amendment A Memo Summarizing the Draft Sign Ordinance Amendment Approved by the Sign Committee Requesting Initial Feedback. AGENDA SECTION: Discussion PREPARED BY: Jason Lindahl, AICP Planner AGENDA NO. 2.A. ATTACHMENTS: Draft 01 -13 -09 Sign Committee Minutes, Draft Sign Ordinance Amendment, Letter from Charlie LeFevere Suggesting Changes to the Draft Sign Ordinance, Updated Sign Ordinance Amendment Schedule, Maximum Distance for Temporary Signs Map APPROVED BY: DhJ RECOMMENDED ACTION: Staff Requests Direction Regarding the Draft Sign Ordinance and Schedule for Action. �C ROSEMOUNT CITY COUNCIL City Council Work Session: Tentative Planning Commission Meeting: Tentative City Council Meeting EXECUTIVE SUMMARY February 11, 2009 April 28, 2009 May 19, 2009 SUMMARY Over the last several years there have been sign issues raised at the Planning Commission and City Council level. Businesses have asked for more off premise sign opportunities and also the ability to install dynamic signs. There were amendments to the Ordinance in 2007 relating to temporary signs and noncommercial or free speech signs. Staff indicated to the Council at that time that a more comprehensive review of the Ordinance would take place in 2008. Staff was interested in tackling the above two issues as well as reviewing all the zoning district regulations to ensure consistency. The Sign Committee was comprised of two council members, Kim Shoe Corrigan and Mark Debettignies and three planning commission members, Jay Palda, Jeanne Schwartz and Dianne Howell. Planning Commissioner Val Schultz also participated extensively. The Sign Committee met nine times to look at various aspects of the sign ordinance. Ultimately there were changes in many sections of the ordinance; however the two more substantive changes deal with off premise advertising and electronic signs. The current ordinance does not allow any off premise signs and the draft recommended by the committee would allow up to two off premise signs at intersections having a designated collector or arterial road. As drafted the signs could be for lease or sale of property or can also be for various commercial establishments in the community. The City Attorney has suggested modifications that would limit off premise signs to for sale or lease only. The Sign Committee also drafted language that would allow more electronic signs in the community than the existing condition but regulates color, size, and the timing of the copy change. The following is an attempt to itemize the proposed changes to the ordinance by sections of the sign ordinance. The ordinance is also provided for additional clarity along with a memo from the City Attorney which raises some issues relating to the draft ordinance. The Sign Committee did review these items at their last meeting and staff is looking for further discussion with the Council on these topics. Staff would like any input from the Council regarding the draft ordinance before staff begins the public information process. It is expected that staff will present the draft to the Chamber of Commerce in March pending Council acceptance. After receiving additional public input, appropriate modifications will be made and the draft will be taken before the Planning Commission as a public hearing and the City Council for final action. PREVIOUS SIGN COMMITTEE ACTION The Sign Committee last met on January 13, 2009. Draft minutes from that meeting are attached for your reference. During the meeting, the Sign Committee reviewed and approved the draft ordinance. Staff presented a summary of the proposed draft ordinance noting the most prominent changes include new standards for temporary off premise signs and dynamic (electronic) signs. There are also changes to the size, height, number and placement standards for the individual zoning district (residential, commercial and industrial) to establish uniformity and consistency. The majority of staff's presentation focused on a letter from City Attorney Charlie LeFevere. The letter suggests four (4) changes to the draft ordinance (see attached). According to Mr. LeFevere, the purpose of the proposed changes was to strengthen the draft ordinance against possible legal challenges and to avoid unintended consequences. While the SignCommittee had questions regarding the suggestions, they were generally supportive of Mr. LeFevere's recommendations. A detailed review of the suggestions follows the summary of the draft sign ordinance below. ISSUE ANALYSIS There are four elements to the sign amendment process: introduction, assessment, engagement, and approval. In January, the Sign Committee concluded the assessment element by approving the draft sign ordinance amendment. Next, staff will present the draft ordinance to the City Council during the February work session for preliminary comment. From there, staff plans to begin the engagement process by presenting the draft ordinance to the Chamber as well as holding an open house to receive public feedback (see attached timeline). Ordinance Summary The following is a summary of the proposed changes to the sign ordinance by section. Detailed striketliteugh and underline changes can be found in the attached draft ordinance. Overall, the most notable changes are standards for temporary off premise signs and dynamic (electronic) signs. In addition, changes are proposed to the sign standards for individual zoning district to establish consistency in sign size, height, number and placement. Proposed Changes to Definitions. As a result of the proposed changes to the sign ordinance, a number of changes are also necessary to the definitions section. These changes include the addition of a definition for Dynamic Sign to correspond to the new standards for electronic signs (see Proposed Changes to Dynamic Signs below). With the new standards for Dynamic signs, the following definitions may be deleted: Changeable Copy Electronic Sign, Electronic Graphic Display, Multi Vision Sign, and Video Display Sign (see ordinance p. 3, 4, and 5). These definitions may be deleted because they are no longer necessary under the new Dynamic sign standards. 2 Proposed Changes to For Sale and Lease Signs. The intent of these changes is to establish uniformity in the sign standards for various land uses. These include (1) decreasing the size of these signs in the Agricultural district from 36 to 32 square feet; (2) increasing the height of these signs in residential districts from 6 to 8 feet; (3) decreasing the size of subdivision signs from 36 to 32 square feet; and (4) decreasing the height and size of these types of signs in the public and institutional, commercial, business park, and industrial districts from 10 to 6 feet and from 64 to 32 square feet (see ordinance p. 7). Proposed Changes to Dynamic (Electronic) Signs. Currently, the City's electronic sign standards limit these signs to 16 square feet and time and temperature, gasoline price, and public institutional (non- commercial) messages. In an effort to address changing technology, the City conducted an extensive review of the issues related to dynamic signs and formed the attached draft standards. These standards define dynamic signs and create detailed location, text size, operational mode, sign area, display time, brightness, and color standards (see ordinance p. 10). The new standards still limit dynamic displays to freestanding ground signs and only allow static images (no scrolling, flashing or other forms of movement or animation). In addition, the proposed regulations create a minimum text size based on the speed of the adjacent road, a minimum display time of 20 minutes (except for time and temperature which may still change every three seconds) and a maximum sign area of thirty -five percent of the sign face. Finally, the ordinance also creates standards for both color and brightness to ensure these features do not "create a hazard to the public health, safety or welfare" or "interfere with the driver's operation of a motor vehicle." In the case of brightness, the new ordinance empowers staff to make the initial determination. It then allows the sign owner to appeal staff's determination to a three member committee made up of one person selected by the sign owner, one member selected by the City (who it not employed by the City) and a third member selected by the first two members. Both staff and the Sign Committee have concerns about this process. It is used in other communities because it is impossible to accurately measure the brightness of electric signs in the field. While the proposed process allows for direct input from the sign owner, it does not follow the standard zoning appeals process outlined in the ordinance Staff request direction from the Council regarding this process. Proposed Changes to Directional Signs. Currently, the sign ordinance does not to include standards for directional signs on commercial, business park, industrial or public and institutional sites. To date, staff has negotiated these signs through the Planned Unit Development /Site Plan Review process. Staff recommends including these standards in the sign ordinance update to establish clear expectations for developers and business owners. The proposed standards establish that individual on -site directional signs shall not exceed two square feet or three feet in height. The maximum number of directional sign per site shall not exceed one per curb cut. Such directional sign shall be permitted in any commercial, business park, or industrial zoning district or any public and institutional zoning district or use (see ordinance p. 13). Proposed Changes to Prohibited Signs Similar to the definitions section above, as a result of the addition of standards for Dynamic signs the following prohibited signs may be deleted: Changeable Copy Electronic Sign, Electronic Graphic Display, Multi- Vision Sign, and Video Display Sign (see ordinance p. 13). These definitions may be deleted because they are no longer necessary under the new Dynamic sign standards. 3 Proposed Changes to Temporary Off Premise Signs. Currently, the City prohibits off premise signs. The intent of changes to these standards is to allow some temporary off premise signs while placing reasonable limits on the display time, location and size (see ordinance p. 12). The City Attorney has suggested minor changes to the proposed standards to strengthen them against possible legal challenges and to avoid unintended consequences. Under the current draft ordinance, the standards for temporary off premise signs are as follows. All temporary off premise signs are prohibited, except signs in placed from 4:30 p.m. Thursdays to 8:00 a.m. on Mondays. Temporary off premise signs are limited to four (4) square feet in size and three (3) feet in height. Temporary off premise signs ate limited to two (2) signs per real estate listing, event, activity or the like per intersection and to these types of activities physically located within the City of Rosemount. For purposes of this section, the term "Intersection" shall mean "A place or area where two or more streets intersect. At least one of these streets shall be classified as a Collector, Minor Arterial, or Principal Arterial in the Comprehensive Plan." No temporary off premise sign shall be located closer than one quarter (1/4) mile or 1,320 feet from another sign containing information about the same real estate listing, event, activity or the like except that these signs may be located on the opposite corners of the same intersection. No temporary off premise sign shall be located closer than five (5) feet from the street surface and shall not be located within the twenty -five (25) foot sight triangle of an intersection. Proposed Changes to Residential District Signs. These standards address permanent signs in the residential districts. The intent of these changes is to maintain consistency between different land uses. The current standards allow signs of either 24 or 36 square feet and six feet in height. The proposed changes establish a uniform 32 square foot size standard and maintain the existing six foot height standards for public and institutional, apartment and condominium buildings (see ordinance p. 14). Proposed Changes to Commercial Districts Signs. The proposed changes to the commercial sign standards are divided into groups: overall changes to commercial signs and changes to the individual districts. Highlights include the addition of projecting signs in Downtown and common freestanding ground signs in the C -3 and C -4 Districts. The proposed changes are based on policies from the Downtown Design Guidelines and focus on standards for sign size, type, design and placement (see ordinance p. 15). The Current standards for the C -1, Neighborhood Commercial and C -2, Downtown Commercial districts allow wall signs to cover fifteen percent of the wall and ground signs to be up to twenty feet tall and eighty square feet in size. The current standards also allow one ground sign per principal building on the site. The proposed standards would maintain the fifteen percent wall standard but require all wall signs to be channel letter design mounted on the building or a raceway. The standards would also prohibit pylon ground sign by requiring all ground signs to be monument style, no taller than ten feet and no larger than forty square feet in size. Ground or wall signs may be locate on any side of a site that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Finally, the proposed standard would also allow projecting signs in the C -2, Downtown district, subject to certain limitations. The Current standards for the C -3, Highway Commercial and C -4, General Commercial districts allow wall signs to cover twenty percent of the wall and ground sign to be up to twenty feet tall and one hundred 4 square feet in size. The proposed standards would maintain the size and height standards but prohibit pylon signs and require all wall signs to be channel letters design mounted on the building or a raceway. Ground or wall signs may be locate on any side of a site that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. Finally, the proposed standard would also allow adjoining sites to have a common freestanding ground sign up to one hundred and twenty five square feet in size. The new standards also require signs in all four districts to 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. Proposed Changes to the BP Business Park District Signs. The intent of the proposed changes to the BP Business Park District is to consolidate the sign standards in the sign ordinance section of the code rather than split them between the BP zoning district and the sign ordinance, incorporate the Downtown Design Guidelines' Sign Objective and establish a height standards more aligned with market conditions (see ordinance p. 18). The Current standards for BP district allow wall signs to cover twenty percent of the wall and ground sign to be up to twenty feet tall and one hundred square feet in size. The proposed standards maintain the twenty percent of the wall standard but require all wall signs to be channel letters design mounted on the building or a raceway. Pylon ground signs are prohibited and no ground sign may be taller than ten feet. Ground or wall signs may be locate on any side of a site that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. The new standards also require signs in all four districts to 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. Proposed Changes to Industrial Districts (LI Light Industrial, GI General Industrial, HI Heavy Industrial) Signs. The intent of the proposed changes to the industrial districts sign standards is to incorporate the Downtown Design Guidelines' Sign Objective, adjust the height standards to be more aligned with market conditions, and establish uniform sign design and placement standards (see ordinance p. 19). The Current standards for signs in the industrial districts allow wall signs to cover twenty percent of the wall and ground sign to be up to twenty feet tall and one hundred square feet in size. The proposed standards maintain the twenty percent of the wall standard but require all wall signs to be channel letters design mounted on the building or a raceway. Pylon ground signs are prohibited and no ground sign may be taller than ten feet. Ground or wall signs may be located on any side of a site that faces another commercial or industrial use or a Collector, Minor Arterial or Principal Arterial road as identified in the Comprehensive Plan. The new standards also require signs in all four districts to 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. City Attorney's Suggested Changes As mentioned above, the City Attorney reviewed the draft sign ordinance and outlined four suggested changes in the attached letter. These suggestions were reviewed by the Sign Committee during their last meeting. While the Sign Committee had questions regarding these suggestions, the committee was 5 Off Premise Sign Standards and Enforcement Policies for Surrounding Communities Community Standard Enforcement Policy Apple Valley No off premise or ROW signs, except for real estate or community event signs. Open house signs may be placed in the city boulevard area only during the open house hours. Signs may be placed within a six block radius of the open house. Signs must be set back a minimum of five feet from the curb and may not be placed on any sidewalk.. Enforcement as needed Burnsville No off premise or ROW signs, except sidewalk sandwich board signs Enforcement as needed Eagan No off premise or ROW signs Enforcement Monday thru Friday during business hours. Staff focuses enforcement on Monday mornings to remove signs from over the weekend. Farmington No ROW signs. Off premise ok with CUP Open house /garage sale signs limited to 4' by 6' and day of the event, may not exceed 3' high within 30' sight triangle. Enforcement as needed Inver Grove Heights No off premise or ROW signs Enforcement as needed Lakeville No off premise or ROW signs Enforcement as needed generally supportive of the proposed changes. A summary of the City Attorney's suggestions along with staff comments is provided below. 1. Remove the current prohibition against temporary off premise signs that advertise real estate listings, events, activities or the like outside the City of Rosemount. The City Attorney feels this standard could be viewed as being based on the content of the sign's message, which could open the ordinance to legal challenges. Typically, courts have not looked favorably on standards that favor one type of speech over another. As an alternative, the City may wish to establish the maximum distance a temporary off premise sign could be placed from the event it references (i.e. 1, 1.5, or 2 miles). During the Sign Committee meeting Council Member Shoe Corrigan stated she believed Apple Valley had a standard prohibiting temporary signs for events outside the City and wondered why staff had legal concerns about such a standard. After reviewing the standards for surrounding communities (see table below), it does not appear that any of them have a standard prohibiting temporary signs for events outside their City. Apple Valley limits temporary off premise signs to open house and community event signs within six blocks of the event. Staff has attached a map illustrating how a distance standard, such as 11/2 miles, would be implemented. 2. Relocating the standards for temporary off premise signs under Section 11- 8- 4.B.6: For Sale and Lease Signs and amending this section to also allow garage sale signs. The Sign Committee was supportive of this recommendation. Currently, Section 11 -2 -13 addresses standards for garage sales. These standards include: (1) the sale shall not be more than four successive days in duration; (2) not more than three such sales are permitted on the premises in a calendar year; and, (3) there shall be at least one month between sales on the same premises. Since this section does not specifically address signage, staff recommends cross referencing it with the sign ordinance and establishing similar standards as those for open house signs. By adding the off premises temporary sign language in the For Sale and Lease section of the ordinance, it precludes display of any type of commercial and non commercial speech in the same off premise locations. It is unclear if the Sign Committee intended that every commercial establishment could put small temporary signs advertising a service or product every weekend at any intersection within a certain distance to their principal structure. As currently written, the ordinance would allow significantly more off premise temporary signs than currently are allowed. 3. Add a section to the sign ordinance noting that the ordinance is not intended to confer on any party the right to place a sign in a location where they do not have the legal right to do so. It is important to note that anyone placing a sign (on either public or private property whether a permit is required or not) must have the permission of the underlying property owner. This also applies to those signs placed in the right -of -way adjacent to private property (i.e. open house and garage sale signs). The Sign Committee was supportive of this suggestion. Staff recommends adding this provision to Section 11 -8 -4: Administration and Enforcement. 4. Consider allowing "Opinion Signs" with restrictions on all properties. Currently, the sign ordinance allows any lawful sign to be converted to a non commercial message without a permit. By allowing the temporary off premise signs noted above, the City runs the risk that these signs may be converted to a non commercial message (religious, political and the like). The City Attorney feels enacting standards that limit the type of messages allowed on temporary off premise signs would likely not be viewed favorably by the courts because they could be viewed as favoring one type of speech over another. The City may be able to limit the conversion of signs if it provides for adequate expression through other means, such as opinion signs. Staff surveyed various communities with regard to standards for Opinion Signs. This survey found that while most communities do not have such a standard, many of the communities that have recently updated their sign ordinance have added this provision. Not having a provision which allows some free speech signs can lead to a court finding that the ordinance is unconstitutional. Staff does not recommend that the ordinance is silent on this issue. The Sign Committee was supportive of this change and staff recommends adding it to Section 11- 8 -4.B: Permit Not Required. CONCLUSION RECOMMENDATION Staff requests the City Council review and comment on the draft sign ordinance and timeline for action. The draft was approved by the Sign Committee during their January meeting. This memo summarized the draft ordinance and identifies suggested changes from the City Attorney designed to strengthen the ordinance against possible legal challenges and avoid unintended consequences. After tonight's meeting, staff plans to incorporate the Council's comments and move forward with the engagement and approval schedule as shown in the attached timeline. 7 Opinion Sign Standards for Various Communities Community Standard Apple Valley None Burnsville None Eagan None Inver Grove Heights None Lakeville Exemption: All Sign Two (2) Square Feet or Less in Size. New Brighton Exemption: Signs in Residential Districts Not to Exceed Six (6) Square Feet Minnetonka Exemption: Signs in Residential Districts Not to Exceed Six (6) Square Feet Committee intended that every commercial establishment could put small temporary signs advertising a service or product every weekend at any intersection within a certain distance to their principal structure. As currently written, the ordinance would allow significantly more off premise temporary signs than currently are allowed. 3. Add a section to the sign ordinance noting that the ordinance is not intended to confer on any party the right to place a sign in a location where they do not have the legal right to do so. It is important to note that anyone placing a sign (on either public or private property whether a permit is required or not) must have the permission of the underlying property owner. This also applies to those signs placed in the right -of -way adjacent to private property (i.e. open house and garage sale signs). The Sign Committee was supportive of this suggestion. Staff recommends adding this provision to Section 11 -8 -4: Administration and Enforcement. 4. Consider allowing "Opinion Signs" with restrictions on all properties. Currently, the sign ordinance allows any lawful sign to be converted to a non commercial message without a permit. By allowing the temporary off premise signs noted above, the City runs the risk that these signs may be converted to a non commercial message (religious, political and the like). The City Attorney feels enacting standards that limit the type of messages allowed on temporary off premise signs would likely not be viewed favorably by the courts because they could be viewed as favoring one type of speech over another. The City may be able to limit the conversion of signs if it provides for adequate expression through other means, such as opinion signs. Staff surveyed various communities with regard to standards for Opinion Signs. This survey found that while most communities do not have such a standard, many of the communities that have recently updated their sign ordinance have added this provision. Not having a provision which allows some free speech signs can lead to a court finding that the ordinance is unconstitutional. Staff does not recommend that the ordinance is silent on this issue. The Sign Committee was supportive of this change and staff recommends adding it to Section 11- 8 -4.B: Permit Not Required. CONCLUSION RECOMMENDATION Staff requests the City Council review and comment on the draft sign ordinance and timeline for action. The draft was approved by the Sign Committee during their January meeting. This memo summarized the draft ordinance and identifies suggested changes from the City Attorney designed to strengthen the ordinance against possible legal challenges and avoid unintended consequences. After tonight's meeting, staff plans to incorporate the Council's comments and move forward with the engagement and approval schedule as shown in the attached timeline. 7 SIGN COMMITTEE MEETING MINUTES JANUARY 13, 2009 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the meeting of the Sign Committee was held on Tuesday, December 9, 2008. Council member Shoe Corrigan called the meeting to order at 6:31p.m. with Planning Commissioners Schultz and Schwartz present. Also in attendance were Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. Council Member DeBettignies and Planning Commissioners Palda and Howell were absent. Additions to the Agenda None. Consent Agenda a. Approval of the December 9, 2008 Regular Meetin tes. MOTION by Schwartz to approve the Consent Age noted corrections. Ayes: 3. Nays: None. Motion carried. Old Business: None. New Business a. Review and Recommendation of Draft 0 Planner Lindahl explained that staff is nesting the C ee assess the proposed changes to the sign ordinance and make a motion y ve the dra 'e draft will then be forwarded to the Planning Commission and City Co Mr. sag further reviewed the different sections of the ordinance and th an e"e ed. Proposed Changes to D number of changes addition of a de Copy Electronic Proposed the ad Ch Disp Pro signs on co recommends inc the size, height, n proposer`' anges to the sign ordinance, a tons section. These changes include the ation of the definition of Changeable ulti- Vision Sign, and Video Display Sign. Signs. S' s the definitions section above, as a result of c signs the following prohibited signs may be deleted: lectronic Graphic Display, Multi- Vision Sign, and Video s. Currently, the sign ordinance fails to address directional ark, industrial or public and institutional sites. Therefore, staff tandards in the sign ordinance update. These standards address d location of directional signs. Proposed Changes to Temporary Off Premise Signs. Currently, the city prohibits off premise signs. The intent of these standards is to allow some temporary off premise signs while placing reasonable limits on their time, place and manner. Proposed Changes to For Sale and Lease Signs. The intent of these changes is to establish uniformity in the sign standards for various land uses. These include (1) decreasing the size of these signs in the Agricultural district from 36 to 32 square feet, (2) increasing the height of these signs in residential districts from 6 to 8 feet, (3) decreasing the size of subdivision signs SIGN COMMITTEE MEETING MINUTES JANUARY 13, 2009 PAGE 2 from 36 to 32 square feet, and (4) decreasing the height and size of these types of signs in the public and institutional, commercial, business park, and industrial districts from 10 to 6 feet and from 64 to 32 square feet. Proposed Changes to Residential Districts Signs. The intent of the changes to the sign standards for residential districts is to maintain consistency between different land uses. The proposed changes establish a uniform 32 square foot size standard and create the same size and height standards for public and institutional, apartment and condominium buildings. Proposed Changes to Commercial Districts Signs. The proposed ch es to the commercial sign standards are divided into groups: overall changes to commer ;tt` s and changes to the individual districts. Highlights include the addition of projecting in Downtown and common freestanding signs in the C -3 and C -4 Districts. Th =s Vied changes are based on policies from the Downtown Design Guidelines and focus or sign size, type, design and placement. Proposed Changes to the BP Business Park Dis a Ky changes to the BP Business Park District is to c ordinance section of the code rather than split the sign ordinance, incorporate the Downtown Design height standards more aligned with .aconditions. Proposed Changes to Industrial District Heavy Industrial) Signs. The intent of th standards is to incorporat town v��p� .r` .mss,. standards to be more •wit x r rket co placement standards Proposed Chan es limit these s address dyn and stan Mr. Lindahl issues that may ordinance to avoi currently drafted is s questions or challenges may arise. igns. The intent of th q osed 'date the s''E standards in be a BP zoning dis`: ct and the Sign Objective and establish a Indus General Industrial, HI dustrial districts sign de h" R Objective, adjust the height s, and esta sh uniform design and ently, the City's electronic sign standards d public institutional signs. In an effort City conducte•'an extensive review of the issues related to ed draft standards. These standards define dynamic signs al mode, sign area, display time, brightness, and color ttee comments from City Attorney LeFevere regarding a few scussions of the ordinance and recommended changes to the challenges. City Attorney Tietjen added that the ordinance as with respect to statutes but there may be areas in the ordinance where One recommended change was to delete the standard for prohibiting off premises signs from outside of city limits and instead, adding a standard based on the proximity of the event rather than the geographic location of Rosemount. Mr. Lindahl stated this would change the focus of the standard to the location of the event rather than the content of the sign. This type of standard is more legally defensible. Council member Shoe Corrigan asked why Apple Valley could have a restriction of out -of -city signs. Staff stated they would have to review Apple Valley's sign ordinance to better understand how their restriction is stated. A discussion took SIGN COMMITTEE MEETING MINUTES JANUARY 13, 2009 PAGE 3 place as to what distance would be appropriate to the proximity of the event. Commissioner Schwartz stated her opinion would be no further than the closest arterial road. Another recommended change had to do with the location of the temporary or off premises signs. To limit the placement of temporary off premise signs to only real estate signs and garage sale signs, City Attorney LeFevere suggested amending the section by adding a restriction such as a maximum distance from the property the sign is pertaining to. Senior Planner Zweber stated staff could prepare a map demonstrating different distances to help visualize proximities. With respect to the requirement of obtaining a homeowner's permissi another person's property, Attorney LeFevere recommends addin that states that the ordinance is not intended to give any party they do not have the legal right to do so. Mr. Lindahl stated that with the way the ordinance is `g tly written, ommercial sign may be changed to a non commercial message using the tution clause. I wing this, any number of commercial signs could be converted a commercial message ther than using a complete substitution clause, Attorney each lot that is used for residential purposes may c exceeding a certain size, in addition to all other signs Mr. Lindabl noted that a similar Stan has part of the removed by the Committee. Council a r e d oe -Co commercial speech signs to what is curre Council member Shoe -Co are included in the or current ordinance b has seen sign ordin issues. Adjournme Member Shoe- standard tha 'des that commercial op on sign, not under the code for that property. al draft ordinance but it was eed to restricting non ex's property. epair and maintenance of signs d that thee isn't a specific standard in the ce clause. City Attorney Tietjen stated she ecific clause included on maintenance approve the dr ft ordinance and forward the draft ordinance and City Council for action. carried. further business to come before this Committee, Council motion to adjourn. The meeting was adjourned at 7:14p.m. Respectfully submitted, Kathie Hanson, Recording Secretary before placing a sign on on in the ordinance t to place a sign where Section 1. follows: 11 -8 -1: Findings, Purpos A Findin x ouncil 2. S messa City of Rosemount Ordinance No. B- 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 11 -8 -1: Findings, Purpose and Effect 11 -8 -2: Severability 11 -8 -3: Definitions 11 -8 -4: Administration and Enfo 11 -8 -5: General Regulations 11 -8 -6: Prohibited Signs 11 -8 -7: District Re 11 -8 -8: Substi Rosemount Zoning Ordinance B, Section r,. is hereby amended as CHAPTER 8 SIGN pact on the character and quality of the Environment. medium through which individuals may convey a variety of 3. Signs can cr "q ffic arils, aesthetic concerns and detriments to property values thereby threatening the ealth safety and welfare. 4. The city's zonin "regulations have since as early as 1972 included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community while protecting the City and its citizens from a proliferation of signs of a type, size, location, and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. B Purpose and intent. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign nor is it the purpose or intent of this ordinance to regulate any building design or any display not defined as a sign or any sign which cannot be viewed from outside a building. The purpose and intent of this ordinance is to: 1. Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare. 2. Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community. 3. Improve the visual appearance of the City while providing fotive means of communication consistent with constitutional guarantees add the City's goals of public safety and aesthetics. 4. Provide for fair and consistent enforcement of zoning authority of the City C Effect. A sign may be erected, mounted, di conformance with the provisions of this ordinanc specifically set forth herein is to: 1 Allow a wide variety of sign types other zones subject to the standard set 2 Allow certain s when in comp 3 Prohibit signs wh negativel affect the me 11 -8-2: Sev If any section s be invalid, such this Sign Ordinance. Ordinance in each sec one or more sections, su sive signs inOental to. requiremen of this si size, type, ill d where provisions of this sign ordinance 2 ercial zone in this sign et forth herein under the ed in the city this ordinanc a more a more limited variety of signs in an e. rincipal use of a site in all zones ance. ation or other physical characteristics ommunication can be accomplished by nt and the public health, safety and welfare clause, or phrase of this Sign Ordinance is for any reason held to affect the validity or enforceability of the remaining portions of cil hereby declares that it would have adopted the Sign ection, sentence, or phrase thereof, irrespective of the fact that any tons, sentences, clauses, or phrases be declared invalid 11 -8 -3: Definitions BANNERS: Attention getting devices which resemble flags and are of a paper, cloth or plastic like consistency. FLAG: A rectangular piece of fabric of distinctive design which is mounted on a pole that is used as a symbol (as a nation), signaling device (nautical), or attention getting device (advertising, commercial or noncommercial). HEIGHT: The height of a sign shall be measured from the centerline of the street or highway toward which the sign is principally displayed to the top of the sign. IDENTIFICATION SIGN: A sign which displays only the name, address and title of an occupant or the name and address of a building or development. PENNANT: A flag or banner which tapers to a point. SIGN: Any letter, work, symbol, model, printed, projected or affixed device, poster, picture, reading matter, or other representation in the nature of an advertisement, announcement, direction or informative device including structural and component parts that is lo ted outdoors and is larger than one square foot in area. SIGN AREA: The area of a sign includes the space inside a co t K line drawn around and enclosing all letters, designs and background materials excl H of b g r, trim and structural supports. For the purpose of calculating the area of m ;ed or b o back signs, the stipulated maximum sign area shall refer to a single f SIGN, CHANGEABLE COPY: A sign or po s a ereof that, s a reader bo or e display of 9 r` o z text information in which each alphanumeric charact phi bol is defin objects not consisting of an illumination device an• may be change ar anged manually o echanically 'r ers that can be ged or rearranged without altering with characters, illustrations, letters or the face or surface of the sign structure. SIGN, CHANGEABLE COPY ELECTRIC er pert: crcof that di3plap movement at appear to ch `e e. cauk by any method other than physically removing and replacing the s K or its compon whether the apparent movement or change is in the display, the sign structure or any o r component of the sign. This includes a display that incorporates a techn' c or me od allowing the s face to change the image without having to physically or mechanic i Y rep ce the sign face or its components. This also includes any rotating, revolving, moving. flas .linking, or animated display and any display that incorporates rotating panels.. LED lights mani ated through di input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. 3 electronic or digital displays. Electronic graphic display aigns includc projected images or messages thcr objccts. SIGN, FLASHING: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. SIGN, FREESTANDING: Any sign that is attached directly to the ground or is supported vertically by any structure having a source of support independent of any buil. existing on the premises on which the sign is located. MISES: Any s ding manag •vity condu "al sp SIGN, LEGAL NONCONFORMING: Any sign lawfully in e or any sign lawfully in existence on the date of any amend&' conform to the regulations affecting signs for the distri SICN, MULTI VISION: Any sign composed in SIGN, NONCONFORMING: Any sign SIGN, OFF PREMISES: business, activity conduct sign is located. For p considered to be outs other appurtenance shall SIGN, OF safety s offi SIGN, 0 the name of entertainment, or located or to nonco A commercial spe oduct sold o sign ordinan any sign loc d an off -pre easemen d or pro es si e on the effective date hereof apter which does not s situated. vct1ical or horizontal oes not con. to the regulations of this chapter. 'al directs ttention of the public to a cation, of on the same lot where such other appurtenances shall be sed to be located in an easement or ature including public notification signs, ublic fa ca. when erected by or on behalf of a public official duty. that cts attention to the name of the building, premises, or to nt firm, or to the business, principal product, service, sold or offered upon the premises on which such sign is h. SIGN, PORTABLE: A sso designed as to be movable from one location to another, and which is not permanently attach d to the ground, sales display device or structure. SIGN, PROJECTING: Any sign which is affixed to the outside of the exterior wall or soffit of any building and is not parallel to the plane of the wall or soffit. SIGN, SIDEWALK: A portable sign for temporary placement on a sidewalk in the public right -of- way, intended for a building or business located adjacent to the right -of -way with no front yard or a front yard that will not accommodate a permanent freestanding sign as permitted by this chapter. 4 SIGN, ROOF: Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. SIGN, ROOF INTEGRAL: Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. SIGN, ROTATING: A sign or portion of a sign which turns about on an axis. SIGN, SEARCHLIGHT: Searchlights shall be considered signs if theannounce, direct attention to, or advertise business, professional, commodity, service or entertainbAnt activities. a q SIGN, SHIMMERING: A sign which reflects an oscillating s es distorted visual image. SIGN, TIME AND TEMPERATURE: A sign that di a and temperature information. n ble copy sign, ote brief bus ch as, but not limit SIGN, TEMPORARY: A sign, banner, penn search light sign, or similar device designed and /or professional, commodity, service or entertainment activi openings, sales or special promotions nts. P P SIGN, A sign oo is of the e '"�r wall, mansard roof or soffit of a building and whic� arallel to the b� wall._ s does not project more than twelve inches (12 from the face to which it i° s ched, =xtend beyond the top of the parapet wall. SPEECH, C advertising a business, profession, commodity, service or entertainment. SPEECH, NON- CO which include, but are no public service and info 11 -84: Administration and Enforcement Speech dissemination of messages not classified as commercial 'ted to, messages concerning political, religious, social, ideological, tional topics. A Permit Required: No sign shall be erected, altered, improved, reconstructed, maintained or moved in the City without first securing a permit from the City: 1 The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. 5 e sign, grand 2 Application for an administrative permit shall be filed by the property owner or designated agent with the Community Development Department's designee on forms provided by the City. 3 Application for a permit shall include sufficient information regarding the number, location, size, illumination and other physical characteristics of the sign(s) to fully and clearly review the proposed construction and placement. Specifically, all applications shall contain the following information, unless waived by the City: a Names and addresses of the applicant, owners of the sign and lot. b The address at which any signs are to be erected. c The lot, block and addition at which the signs are t• ected and the street on which they are to front. d Type and size of sign (e.g., wall sign, Py e A site plan to scale showing the loc existing and proposed signs and any othe f Plans, location and specific buildings or placement meth g Copy of stress sheets and calcula load and wind e in any direc and ordin. qty. k O City. 4 The application 5 The Community and method o e ground. 6 g areas, truction and attachment to the that the "`ture is designed for dead in th unt red by this and all other laws h Written cone the er or lessee o .any site on which the sign is to be erected. or the sign. lectronic or electrical components that are proposed to be monstrate compliance with this and all other ordinances of the accompanied by a fee as established by City Council resolution. evelopment Department designee shall notify the applicant, in writing, of an incomplete application within fifteen (15) days of the date of submission. 6 The Community Development Department designee shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Title within sixty (60) days of submission of a complete application in accordance with Minnesota Statute 15.99. B Permit Not Required: The following signs shall not require a permit and are allowed in addition to those signs allowed by Sections 11 -8 -5 and 11 -8 -7 of the City Code. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this ordinance or any other law or ordinance regulating the same. 1 The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and /or on -site changes involving sign painting elsewhere then directly on a building. 2 Address signs. New and existing buildings shall have buildin a ddress numbers placed in a position to be plainly legible and visible from the street or roa c Q nting the property. These numbers shall contrast with their background. Address nutaers shall be Arabic numerals. Numbers shall be a minimum of four inches (4 high um stroke width of one- half inch (1/2"). These numbers shall be affixed tolh prin '6'. structure, except in nonsewered areas where address numbers shall k d to es or a separate structure plainly legible and visible from the •eet ot d frontin access to the property. 3 Sidewalk Signs. Sidewalk signs in the C -2, Co following standards: a Signs shall be limited to two including support members. b No sign shall haf e• re than tw c Signs sh contiguous spa e 5 Official signs. rmal fee pedes use of e sidewalk, and a minimum passable t (3') shall maintained at all times. acent to the public right of way, unless ne b w ow separate business signs to be spaced no m another sidewalk sign. (2) right -of -way frontages may display a sidewalk sign on f All signs re�aved from the sidewalk at the end of each business day. g No sidewalk s; e' shall be lighted by attached external or individual internal lights. 4 Noncommercial Speech. All noncommercial signs of any size posted in any number from August 1 in a state general election year until ten (10) days following general election, and thirteen (13) weeks prior to any special election until ten (10) days following the special election. For Sale or Lease Signs. subject to the following: 7 ercial distric i ject to the in width and 6 and one -half feet (3.5 in height, And six fcct (6) in hcight for single family, two family, townhou3c, and condominium units; or thirty two (32) square fcct in arca or tight fcct (8') in hcight for multi family or institutional uscs. b Within all other zoning districts and in tho3c cases whcrc a parcel of land cxcccd3 tcn or tcn fcct (10') in hcight. a In the agriculture districts each property shall be allowed one (1) sign per frontage on a public street limited thirty two (32) square feet and six (6 height. b In all residential districts each property shall be allo ape (1) sign per site. Sites with multiple frontages along a public right -of -way avdl be e d one (1) additional sign per right -of -way frontage provided that frontage fce other T(*71.ercial or industrial use or a Collector. Minor Arterial or Principal. erialAad as iderit d in the Comprehensive Plan. Each sign is limited to eight, 8) square feett d 8 feet in height. Residential Subdivisions having five (5) o•re lots .re owed one (I s per frontage on a public street of the subdivisionEa sign is limited to th'ty -two (32) y F s uare feet and six 6 feet s ht. These s' t all be removed once nine 90 nconforming non hapter shall be r'�� ted in g Uses: of the City 'dered percent of the lots are sold. s shall be located on private property and shall not be located within any sight ="Such signs, il shall use only indirect light with the light source fully diffused a ned towaMig ground. d In all co frontage .9 height. 2 Nonc Section 1 use shall be most restrictive C Enforcement and Pe ties: all be allowed on 1 s' er -two (32 square feet in area or six (6) feet in orming sign lawfully existing upon the effective date of dance with Chapter 11 of the City Code. n the principal use of land is legally nonconforming under ode, all existing or proposed signs in conjunction with that land forming if they are in compliance with the sign provisions for the strict in which the principal use is allowed. 1 This chapter shall be administered and enforced by the Community Development Department designee. The Community Development Department designee may institute in the name of the City appropriate actions or proceedings against a violator. 2 Inspection. All signs for which a permit is required shall be subject to inspection by the Community Development Department designee. 8 3 The City reserves the right to require the removal at the owner's expense of any sign when the requirements of this Section are not completely followed and adhered to, or if a sign is not properly maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign when removed by the City. 4 Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this chapter shall, upon conviction thereof, be fined or penalized not more than the maximum levels established by the state for misdemeanor offenses. 11 -8 -5: GENERAL REGULATIONS: A Changeable Copy Signs: One (1) changeable copy sign (but no clu. electronic changeable copy signs) shall be allowed per site provided that the area a ign not exceed fifty (50) percent of the allowable sign area or fifty (50) square f Y.r luch is less, for a freestanding or wall sign. B Classification. All signs shall be an accesso u or structure. C Construction and Placement. 1 Except in the C -2 district and a erwise re setback at least ten (10') feet fro located within the public right -of -4 2 No sign shall be eu or overhan ulcer movem with safe pedes 3 No sign shall con "caution' suc ended ectrical signs sh urground wiring. 5 No s .`ens sign structur windows fire escapes. escape. Napes, intermittent lighting or words such as "stop with traffic signing or controls unless be con on a pu t, except o signs. all be permitted to interfere with the safe access to doors, sign or sign structure shall be attached to a standpipe or fire 6 No sign shall con intermittent, flashing or other type of lighting which changes in intensity or colo hen artificially illuminated, except time and temperature signs. 7 No exterior sign shall pivot, move, rotate or display any moving parts including electronic changeable copy signs, except time and temperature or other public information. 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. 9 se. ein, all freestanding signs shall be except official signs, may be or 4..x easement. o way or otherwise interfere to state electrical codes and shall require 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 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 Depaitillent 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 m not interfere with or obscure traffic signs or signals. Lighting may not illuminate an`sjacent properties, buildings or streets. 14 No permanent freestanding or building mounted s 6 all ,•ported by guy wires. 15 The Planning Commission and /or City Co may cognize sep sign plans for a project, site, or multi- building PUD whichll supersede the ordinan e sign plans which have been approved by the City •wee the effe.: of a sign or e f the specific project, site or multi- building PUD. D Electronic Sign3 Dynamic Signs.(glowing dynamic signs are allowed subject to the following standards. 1 Electronic Time and Temperature 1. Location. c signs to properties located within the C-3, Highway Commercial, C -4, General Co m':= rcial, and PI Public and Institutional districts and along Minor Arterial or Princi o al Arterial roads as designated in the Comprehensive Plan. 2. Text Size and Legibility: The following minimum text sizes shall apply to all dynamic signs. 10 xtccn (16) square fcct 15 Inches 55 or More MPH Source: Issue 51(2007) ofSignline from the International Sign Association. Notes: If the allowable portion of the dynamic sign is too small to accommodate these standards, then no dynamic display will be allowed. 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. 3. Operational Mode. Dynamic signs shall only be allowed to operate in a static mode. No animation, motion or video displays will be allowed. Any change from one static display to another must be instantaneous and shall not include any distracting effects, such as dissolving, spinning or fading. Additionally, sequential mess, i.e. two -stage message for a single product, service or business) are prohibited. Th `standrd applies whether the sequential messages are on the same sign or multiple s' 4. Size of Dynamic Portion The dynamic porti {q'; t y sign s i of exceed 35 percent of the total area of the sign. The remaining 65 cent 8 the sign c have dynamic capabilities even if it's not used Each s' can only have one dynamic ..lay. All dynamic signs s malfunctions notified by the 5. Minimum Display Time. The minimum dis t be 20 minute e exception to this standard would be for tine, date and tem Y e signs which the f eral court has acknowledged as a justifiable e option to limitatio s m variable message signs. The time, date and temperature information mad change no fast t an once every three (3) seconds, provided that the display of this in F, remains for, st 20 minutes before changing to another display. ti ed with a ans to im e 1y discontinue the display if it the e sign owner '"must mt ust imme' tely cease the dynamic display when t it is t complying 'ith the standards of this ordinance 6. B Q,:`" amid. sh. f se s.� a appearance as a regular sign both during the gree of brightness that is greater than necessary for No s' y be of se intensity or brilliance as to impair the vision of a motor vehicle driver wi erage sight, otherwise interfere with the driver's operation of a motor vehicle or with the effectiveness of an official traffic sign, device or signal City staff shall be empowered to make the initial determination regarding these standards and the sign owner shall be required to comply with any changes necessary to comply with these standards. However, the sign owner then has the ability to appeal staff's determination to an independent panel The panel would be made up of one member selected by the City who is not an employee, one member selected by the sign owner and one member selected by the two other members. This panel would then have the authority to review the initial determination by staff. 7. Application to Existing Signs. The new dynamic sign standards shall apply to all existing and any future dynamic signs. Any existing dynamic signs that do not meet these standards 11 may continue as a non conforming structure subject to the requirements in state statute. More specifically, any existing dynamic sign that cannot meet the 10 inch minimum text size standard must use the largest size possible for one line of copy to fit in the available display space. 8. Color: Dynamic signs may use multiple colors within the display but the use of color shall not create 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 shall be uniform in color. E Flags. Flags displayed in commercial and industrial districts shall not exceed in surface area the maximum permitted for freestanding signs, provided further that e display of more than three (3) flags shall be debited against the total freestanding signage ar 'tted. F Landscaping. Subject to the standards of the individual zo placed, the area around freestanding signs shall be lands such a manner to accent and enhance the sign while: of the site. cation Park, Indus s are prohibit c Size lacement: "mporary signs shall not exceed thirty -two (32) square feet in area or six (6 in he' Temporary signs shall be setback a minimum of ten (10) feet from any shall encroach upon any t -of -wa easemen or ht YP e and sha not encroac u p Y� Y� sight No tmporary sign may be placed in such a way as to cover any door, window or fire escap -nand 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. 2 Off Premise Temporary signs a All temporary off premise signs are prohibited. except signs in placed from 4:30 p.m. Thursdays to 8:00 a.m. on Mondays. 1 On- Premise Temporary Signs a Number and n of Permit: E c prop rF y have only one temporary sign permit at Permits fo emporary s may be issued a maximum of six (6) times,p um of fo een (14» ays per permit. Permits for searchlight s'.' besued a maxims of three (3) times per year for a maximum of three 3 days pe trict in which the sign is tings and maintained in g sens to the natural features G Temporary signs: Applications for on -premi permits sh Administration and Enforcement requirements dux -din o><i 11 -8 -4, sub) e felleveifig speeifie the performance standards listed below. 0 e se temporary signs! not require a permit subject to those specific s ds outlined belo empor s are allowed in any Commercial, Business fitutional district except that portable changeable copy wntown Commercial District. Sidewalk sign shall ds detailed in Section 11- 8- 4.B.3. 12 11 -8 -6: PROHIBI A Any sign, official atte e B All sign b Temporary off premise signs are limited to four (4) square feet in size and three (3) feet in height. c For purposes of this section, the term "Intersection" shall mean "A place or area where two or more streets intersect. At least one of these streets shall be classified as a Collector, Minor Arterial, or Principal Arterial in the Comprehensive Plan. d Temporary off premise signs are limited to two (2) signs per real estate listing, event, activity or the like per intersection and to these types of activities physically located within the city of Rosemount. e No temporary off premise sign shall be located closer 1.320 feet from another sign containing information event, activity or the like except that these sign of the same intersection. f No temporary off premise sign shall ben closer than five -t from the street surface and shall not be located wit e twenty -fi* (25) foot sigh le of an intersection. C All off premix Signs) and Sect D Changcablc copy s H Directional signs. Individual on-sit ctional signs s .got exceeding a two square feet nor three feet in height. The maximum n of directiona s per site shall not exceed one per curb cut. Such directional sign shall beeilted. in any co business park. industrial or 44 public and institutional zoning district fot the p se of direct�ehicular or pedestrian traffic in a safe and convenient Wanner. .r following sighs are prohibited: 'ph purpor be or is an imitation of or resembles any al, or emergency vehicle signs, or which traffic ch hides from view or interferes with the trol device or any railroad sign or signal. 0) square feet in area. excep allowed under Section 11- 8 -5.G.2 (Off Premise Temporary (3) (Common Freestanding Sign Bonus). cctronic. Exccpt -those allowcd by Ecctions 11 8 5.D of the City Code E Content classified as "obscene" as defined by Minnesota Statutes section 617.241. F G Flashing signs. H Inflatable signs. 13 one quarter (1/4) mile or iu the same real estate listing, q be j Ideated on the opposite corners I J Portable signs except as allowed by this Chapter. K Roof signs. L Rotating signs. M Shimmering signs. N Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, transit shelters benches o ular public structures except official signs. 11 -8 -7 District Regulations: The following signs are the Site and Building Standards of the applicable A Signs Allowed By Permit In Agricultural Districts. 1 One sign per farm identifying feet. 2 One sign per farm advertising agric al .'t raised in on the premises not exceeding thirty y a 2 quare feet. B Signs Allowed B ential Distric 1 yl specific zo r a district subject to e of said f.. exceeding twenty four (24) square 1 Residential cis «visions wing five (5) or more lots are allowed up to two (2) decorative free standing na�A •g� signs per principal entrance to the subdivision. Each sign is limited to thirty -two (32) are feet and 6 feet in height. These signs shall be located on private property and shallnot 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 standin monument s' er site. Sites with multi .le fronta es alon a ublic ht -of -wa 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 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. The base shall extend 14 from the sign copy area fully to the ground except for architectural relief treatments. 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.6 not cxcccding thirty six (36) squttre fect or six fcct (67 in hcight C. Signs Allowed By Permit In Commercial And BP Districts. Signs'should be architecturally compatible with the style. composition. materials. colors and detailf the building which it identifies while differing from signs on surrounding sites and i viding a. unique identity. 1 C -1, Convenience Commercial and C -2, Downtowi as follows: (1) Permanent wall s' s shall t e` fifteen ercent of the to area of the wall on which the signs are a ed.> es' mad affixed to windows but shall not exced•thirty (30) percenof the ..s.. ow onwbich it is placed and is -overall fifteen (15) perceliliamum wall signage. s shall be in•fvidual channel letters mounted flush with the ox or pans are prohibited. ate on any of a commercial building that faces another se or a Collector Minor Arterial or Principal Arterial road sive Plan. (4) all signs cons e fated on structures with more than one sign shall be designed ac rung to an a roved sign concept plan in which all signs have complementary des imilar s `t' pes and sign areas. Consideration may be made by PUD to permit vax7atio a and design of signs for major tenants or anchor businesses in larger complexe (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 be closer than two (2) feet from the back of any curb. No portion of a projecting sign may extend beyond the second floor of the building. No less than 10 feet of clearance shall be provided between the sidewalk elevation and the lowest point of the projecting sign. Signs cannot 15 block or diminish design details. windows or cornices of the building upon which they are placed. b Freestanding signs. Onc frccstanding sign for cach principal structure not cxcccding eighty (80) square fcct nor twenty fcct (20) in height (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 (19) feet in height. Such signs. if illuminated, shall use only indirect light with the light :ice fully diffused and aimed toward the ground. c (2) All permanent freestanding signs shall havebase of decorative materials compatible with the exterior materials opal struce' on site. At a minimum, the base shall extend from the sign co I area ,fay to the gt'uund except for g 2 C -3, Hig a Wall Sign architectural relief treatments. d Changeable C 16 bject to the standards in Section 11 -8 -5.A Section 11 -8 -5.G to the standards in Section 11- 8 -4.B.6 tandards in Section 11 -8 -5.D and C -4, General Commercial as follows: ceding twenty perccnt (20 of thc total arca of thc wall on which PUD to permit variation in size and design of signs for major tenants or anchor (1) Permanent wall signs shall not exceeding 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. Box or panel signs are prohibited. (3) Wall signs may be locate 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 br anchor businesses in larger complexes. b Freestanding Signs: one hundred (100) squat fcct nor twcnty fec (1) One permanent freestanding sign per^ e. Site multi ontages along a public right -of -way will be allowed? ne (1) additional sign per t -of -way frontage provided that frontage faces ano mmerciat r r industrial us a ollector, Minor Arterial or Principal Arterial rc 'as ident ed& n the Compr s '.`sive Plan. Each sign is limited to one hundred (100 wale feet and twenty (20 feet in height. Such signs, if illuminated yiall use only in t light with the light source fully diffused and aimed towarcl: tt ound. 4 (2) All permanent freestanding signs s e a base of decorative materials compatibles "the exterior mategals of 6 s 'pal structure on site. At a minimum, the base:'all e .fig from the s 9 co arm` to the ound exce t for relief tments. groun Stn Bonus rep. dless of f.r a. el s f r. number Bonus. (3) Common Fre t?size bon sh e'tity may approve up to a twenty -five (25) ei'ties that construct a common freestanding art of more than one Common Freestanding nus is limited to one (1) twenty -five (25) percent increase e. s ci. atin' ro erties. Pro erties e 'ble to artici ate the commonestan. s bonus must directly adjoin the site on which the mmon Frees a g Sign is constructed. The sign shall conform to all applicable p t&rmance standads for the zoning district in which it is located, except that the size a sign ..ry be up to one hundred and twenty five (125) percent of the maximum n ent freestanding ground sign size standard. The bonus sign area shall not ease the sign height. Should the sign include a dynamic sign. the dynamic ortion of the sign shall not exceed thirty -five square feet, regardless of the total area of the sign. 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 twenty feet (20') 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, 17 subdivision identification sign shall not be situated closer than one hundred feet (100') to any other permitted freestanding sign. d Changeable Copy Signs subject to the standards in Section 11 -8 -5.A e Temporary signs subject to the standards in Section 11 -8 -5.G f For Sale or Lease signs subject to the standards in Section 11- 8 -4.B.6 g Electronic Signs subject to the standards in Section 11 -8 -5.D h Marquee Signs. Movie theaters are allowed chasing and n in lights on marquees subject to the requirements for wall signs in commerciadistrics and the following standards: (1) Running and chasing lights are only allo' community commercial districts. (2) Signs with running and chasing N a not p g +'tted on walls are *thin two hundred fifty feet (250') of residential from which is visible, and the lights shall not a xceed an illumma mR `intensity of 0.51ume y at the property line. (5) The powe gill p ton of tannin d chasing lights shall be limited to fifteen 15 watts per 3 BP, Business Par'' follows: a Wall Signs. and chasing is sh minimum of twelve feet (12') above evation and eet grade e 'f on; hts sh. e located near intersections nor within the commercial and C -2 hts are all front yard setback; ign. hall be allowed running and chasing lights; and n shall be limited to between the hours of eleven thirty o'clock even o'clock (11:00) P.M. busincsacs in largcr complcxcs. (1) Permanent wall signs shall not exceeding twenty (20) percent of the total area of the wall on which the signs are affixed. 18 (2) All permanent wall signs shall be individual channel letters mounted flush with the building or on a raceway. Box or panel signs are prohibited. Wall signs may be locate 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 anchor businesses in larger complexes. (3) a public right -of -way will be allo 1) addiaonal sign per KP.0 f -way frontage provided that frontage faces another eQ ercia tindustrial use o r ollector, Minor Arterial or Princi al Arterial road aldentified in the Comprensive Plan. Each sign is limited to ci e hundred (100) s feet and ten (10) feet in height. Such signs, if illuminated s ll:Ilse only indirec t with the light source fully diffused and aimed toward'the (2) All permane t£reestanding s g all ha .base e of decorative materials compa k t wi k exterior mat rials of print a R structure on site. At a minimum, the bolittall exten. from the signopy area fully to the ground except for architecelief trtments. Stec' t a Iv addition to identification s en (20 i) feet in erty within the artJ as identified subdi on identifica any othe 'tied eating identity in planned subdivisions, in g signs wed by this chapter, one freestanding subdivision wed limited to one hundred (100) square feet and ion identification signs shall only be permitted on eing identified which is situated on a principal or minor e city of Rosemount comprehensive guide plan. Furthermore, n sign shall not be situated closer than one hundred feet (100') to teestanding sign. d Temporary s' R`' "subject to the standards in Section 11 -8 -5.G e For Sale or Lease signs subject to the standards in Section 11- 8 -4.B.6 B Signs Allowed by Permit in the Industrial Districts (LI, Light Industrial, GI, General Industrial, and HI, Heavy Industrial) 1 Wall signs. 19 (1) Permanent wall signs shall not exceeding 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. Box or panel signs are prohibited. (3) Wall signs may be locate 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..aigns have complementary designs, similar shapes and sign areas. Considerations may be- made by PUD to permit variation in size and design of signs for major te, or anchor businesses in larger complexes. (1) One permanent freestanding sign per Sites.if.rnultiple from along a public right -of -way will be allowed one (1 dditional sign per right4if way frontage provided that frontage f: e another comm or industrial use or a Collector, Minor Arterial or Principal road as ide died in the Comprehensive Plan. Each s' is limited to one i hund ,100 s uare f Banc. ten 10 feet in he ht. Such signs, if illuminated, shall use odirect ligh' the light source fully diffused and;ed toward the`und. bdivisions Signs. 6t on to other free ide ration sign shall ht. Subdivisi the subdt being ide the city a4. emoun (2) All nt free ding s gns shall have a se made of decorative materials compatibly' theeterior material of principal structure on site At a minimum, the base sh. "�s the sign cops ea fully to the ground except for &rural a id t in sign shall not b freestanding sign. of creating identity in planned subdivisions, in owed by this chapter, one freestanding subdivision 'ted to one hundred (100) square feet and twenty feet identification signs shall only be permitted on property within ed which is situated on a principal or minor arterial as identified omprehensive guide plan. Furthermore, subdivision identification closer than one hundred feet (100') to any other permitted 4 Temporary signs subject to the standards in Section 11 -8 -5.G 5 For Sale or Lease signs subject to the standards in Section 11- 8 -4.B.6 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. 20 11 -8 -8: SUBSTITUTION The owner of any sign which is otherwise allowed by this sign ordinance may substitute non- commercial copy in lieu of any other commercial or non commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non commercial speech, or favoring of any particular non commercial message over any other non commercial message. This provision prevails over any more specific provision to the contrary. Section 3. EFFECTIVE DATE. This Ordinance shall and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this ay, 2009. ATTEST: Amy Domeier, City Clerk Published in they remount' Pages this day of 2009. 21 E. Droste, Mayor full force and effect from After discussing certain elements of the draft sign ordinance with staff, we would recommend consideration by the committee of several changes to the current draft. The purposes of these changes include avoiding legal challenges (or making the ordinances more defensible in the event of a challenge) and avoiding unintended consequences such as proliferation of unwanted signs, particularly in residential neighborhoods. 1. We would recommend that the prohibition against allowing temporary signs for sales of property outside of Rosemount be deleted. Zoning should be concerned with land use impacts of signs, and the impacts would presumably be the same whether a sign advertised property inside or outside of the city. Additionally, arguably this restriction is based on the content of a sign, which would make it constitutionally suspect. And, the prohibition has the effect, if not the purpose, of protecting local businesses by preferential use of one means of communications and of the right -of -way. 2. The current draft would allow a business to erect a large number of signs for the business in the right -of -way advertising such things as clothing sales, 2 -for -1 pizza sales, sidewalk sales, and the like. This could result in a large number of commercial signs being placed in residential areas, which arguably is not consistent with the residential character of the neighborhood. Staff has identified two kinds of signs that may warrant special consideration. One is temporary signs for the sale or lease of real property, and the other is garage sale signs. To limit the placement of temporary off premises signs to these two purposes, we would recommend that section 11 -8- 4.B6, which deals with for -sale or for -lease signs, be amended by adding a section allowing temporary off- premises for -sale or for -lease signs with appropriate restrictions. These restrictions might include, in addition to those already considered, a maximum distance from the property being sold or leased. To address garage sale signs, the proposed section on off premises temporary signs could be amended to allow only off premises temporary garage sale signs. Again, some modifications to the proposed language appropriate to garage sales may be desired. For example, the city may wish to limit the number of weekends a year that such signs may be erected for sales on a given piece of property. The law disfavors regulations based on content. An ordinance that allows off premises garage sale signs but prohibits off premises restaurant advertisements may be challenged on the ground that it is not a content neutral ordinance. However, it may be that there is a sufficient legal basis for treating these different kinds of signs differently. If the City wishes to consider a more limited entitlement to off premises signs, we will take a closer look at the likelihood that such an ordinance could be defended successfully. 3. Apparently there has been some discussion about the need for consent, or proof of consent, of the owner of the underlying property before such signs are placed. For signs requiring permits, the ordinance currently requires the written consent of the owner. The absence of such a requirement for off premises signs may suggest to persons wishing to erect such signs that they may do so without the consent of the owner. Likewise, the absence of such language may suggest to the owner of property that they are not authorized to object to placement of such advertising signs in the right -of -way in front of their property. Therefore, we would recommend that a section be added noting in general that the sign ordinance is not intended to confer on any party the right to place a sign in a location where they do not have the legal right to do so. 4. The current city ordinance allows the content of any sign that is permitted by the sign code to be converted to a non commercial message. By adding an entitlement to erect a large number of signs such as the off premises temporary signs that are authorized by the proposed ordinance, the city runs the risk that a large number of opinion signs may be erected under that authority. Therefore, a person or group could erect, under the authority of this ordinance, signs regarding abortion, religious or anti religious messages, political statements, and the like. The risk of prohibiting the placement of non commercial messages on these signs is that the ordinance becomes subject to challenge on the ground that it gives preferential treatment to commercial speech over non commercial speech, a practice that has not been favored by the courts. The city may be able to limit the conversion of signs in residential neighborhoods from a commercial message (such as an open house) to a non commercial message (such as a political statement) if it provides an adequate means of expression of the same ideas in another way. In some cities, this has been done by providing an entitlement in the ordinance for every property to have at least one non commercial opinion sign on the property. For example, the city of New Brighton provides that each lot that is used for residential purposes may contain one non commercial opinion sign, not exceeding six square feet in area, in addition to all other signs permitted under the code. If the city wishes to prevent the additional temporary signs that are permitted by this ordinance from being converted to other signs having an unrelated, non commercial, purpose, we would recommend that the city council consider amending the code provision that allows signs in residential zones to be converted from other purposes to opinion signs, and providing an adequate alternative entitlement to erecting opinion signs that would not involve such a large number of potential signs (such as the New Brighton example). Please let us know if you have any questions. Charlie Charles L. LeFevere Kennedy and Graven, Chartered 470 U. S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337 -9215 Fax: (612) 337 -9310 clefevereaken nedv -u raven. com Community Development Planning Commission Draft 2008 -2009 Schedule Date Meeting Subject Dec. 9, 2008 PC Work Session Sign Ordinance Assessment: Review Industrial Signs Dec. 23, 2008 PC Meeting Regular Meeting: CF Industries PUD Concept Plan, Fence and Application Submittal Text Amendments Jan. 13, 2009 PC Work Session Sign Ordinance Assessment: Review Entire Draft Sign Ordinance Make Recommendation Jan. 27, 2009 PC Meeting Regular Meeting Feb. 10, 2009 PC Work Session Feb. 11, 2009 CC Work Session Sign Ordinance Assessment: Review Entire Draft Sign Ordinance Feb. 17, 2009 CC Meeting Regular Meeting Feb. 24, 2009 PC Meeting Regular Meeting March 10, 2009 PC Work Session Review Comp Plan Public Comments and Recommended Changes (CP) March 11, 2009 CC Work Session March XX, 2009 Dakota County Regional Chamber of Commerce Present Sign Ordinance to Chamber March 17, 2009 CC Meeting Regular Meeting March 24, 2009 PC Meeting Comprehensive Plan Public Hearing Make Recommendation April 14, 2009 PC Work Session Sign Ordinance Open House April 15, 2009 CC Work Session Regular Meeting April 28, 2009 PC Meeting Regular Meeting: Sign Ordinance Public Hearing Make Recommendation May 19, 2009 CC Meeting Sign Ordinance Review and Action AG Agriculture DT Downtown NC Neighborhood Commercial RC Regional Commercial CC Community Commercial TR Transitional Res: EA MDR Medium Den Fix tIGIS1005MapsiBase Mapstand Use 551pleamp_plan_2005.m101, Sep 07, 2506 101515 AK Cay al Rosemount