HomeMy WebLinkAbout6.d. Non-Conforming Signs Enforcement Policy r � � ,
CITY OF ROSEM�3UNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: November 20, 1990
�QE:�T�A ITEN:: Sign Ordinance Enforcement AGENDA SECTION:
New Business
PREPARIED BY: Michael A. Wozniak, AICP AGENDA N��� �
City Planner �a
ATTACE1�iEIdTS: Sign Ord. ; Memo; List of Property APPROVED BY: (� --�--
Ow�ers/Businesses with non-complying signs; �Y`�-�
On July 3rd of this year the City Council adopted a new Sign Ordinance,
S�ction i0 of Ordinance B (Zoning Ordinance) . At that time, Council
allowed a 3 month grace period for property and business owners with non-
complying signs which had not been legally permitted to bring their signs
into complia.^.ce or to remove them.
The trree month grace period expired on October 3, 1990 . Since that time
staff has compiled an inventory ,of signs which are in violation of the sign
ordinance and which the City has no record of having been legal.ly permitted
under existing ardinance requirements. The signs in question are primarily
on and off-site portable commercial advertising signs. Also identi£ied are
r.umerous off-site development signs which advertise new residential
develogments or builders within those developments .
The purpose of this item is to request Council authorization for staff to
proceed with notifying property and business owners with signs not in
compliance with the ordinance that they have two weeks to bring their
property into compliance or faae being cited for violation` of the Zoning
Ordi::ance.
Real�zing there can be practical difficulties in modifying or removing a
sign to bring a property into compliance, staff will work with
property/business owners who indicate a willingness to comply on
coordinating a reasonable schedule for compliance, provided the City is
cor.tacted within 2 weeks of notification.
Council should recognize that if it is necessary to issue citations to
parties unwilling to comply with the ordinance that there may be legal fees
as�ociated with prosecution of the party(s) involved.
RECO.MN�NJEJ ACTION: Motion to authorize Staff to proceed with
Sign Ordinance Enforcement.
C6UNCIL d�CTION:
Authorized staff to proceed.
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P:O. BOX 510
(�i��,[ Q 2875 145TH ST. W.
�+p r��� �/ ROSEMOUNT. MINNESOTA 55068
Da7G f i'�.�!/L�� 612-423-4411
'�'O: NdAYOR NAPPER, COZJNCIL MEMBER KLAS5EN, COUNCIL MEMBER
aXBOROUGH, COUNCIL MEMBER WILLCOX, COUNCIL MEMBER WIPPERMAN
& CITY ADMINISTRATOR JILK
�'ROM: I�ICHAEL WOZNIAK, AICP, CITY PLANNER
DA�E; NOVET�IBER 16, 1990
SUBJ: INVENTORY OF SIGNS WHICH ARE NOT IN COMPLIANCE WITH SECTION
30 (SIGIdS) OF ORDINANCE B (ZONING ORDINANCE)
Tr�e attached list identifies businesses and/or property owners
which have signs which do not comply with the requirements of the
Sign Ordinance. The City has no record of these signs having been
legally permitted. They would not be considered "grandfathered"
ases un�ess the owner could produce evidence that the sign was at
some point allowed under the ordinance in place at the time it was
installed. Staff has attempted to identify the most visible signs
that are not in compliance with the Sign Ordinance, there may be
other signs which do not comply which have not been identified.
As staff becomes aware of other signs which do not comply with
' ordinar.ce requirements, enforcement of the sign ordinance will
proceed on a continuing basis.
Three categories of signs have been identified: portable signs,
free-standing signs and off-premise dsvelopment signs .
In some cases businesses are using a portable sign on a permanent
�asis, in addition to havir.g an existing permanent free-standing
sign. Some businesses are using a portable sign as their only
freestanding sign. The Sign Ordinance does not preclude the use
of the portable signs as a permanent free-standing sign, provided
the portable meets zoning ordinance and building code requirements
to allow issuance of a sign permit. Some of the portable signs
ide:�tified are being used as off-premise advertising signs which
are not allowed by th� ordinance. -
�ne commercial property is identified which has two freestanding
signs only one of wnich has been legally permitted.
Several off-premise temporary signs advertising residential or
co:nmercial developments or builders have been identified. The
ordinance does not permit off-nremise signs for advertising new
development or existing properties for sale.
Portabie Signs
1 . South Metro Auto Brokers Sign north of downtown on South
13942 South Robert Trail Robert Trai1 advertising cars
Rosemount, MN 55068 for $299 and up. (Located on
property by Reno's Pizza and
lumber yard, in the midst of
property owned by AZ Monk) .
2 . Rer.o's Pizza Sign Iists price of piaza
13985 South Robert Trail specials.
Rosemount, MN 55068
3. Strese Oil Company General advertising on sign:
14810 South Robert Trail "OPEN" "MECHANIC ON DUTY" etc.
Rosemount, MN 55068
4 . BEST Video Sign Iists names of ' various
14760 South Robert Trail movies.
Rosemount, MN 55068
5. VFW Post #9433 Advertisement of their "Happy
2625 120th Street West Hour. "
Rosemount, MN 55068
6. Dave`s Auto Body Sign for "South Robert Auto
?4785 South Robert Trail Brokers. "
Rosemount, MN 55068
7 . Rosemount Gardens Sign is sitting out front along
3450 151st Street West street -- No Message On Sign.
Rosemount, N�T 55068
8 . Hair Empire Located on vacant land between
15185 Carousel Way Pizza Hut and Holiday Station
Rosemount, MN 55068 Store.
9 . Dakota Central, Ltd. Sign blank on one side; banner ,
14450 South Robert Trail on reverse.
Rosemount, MN 55068
10. Rasemount Dairy Queen Advertisement of daily special
15075 Canada Avenue
Rosemount, MN 55068
11. Rosemour.t Marine Off-premise advertising sign
3316 151st Street West situated on vacant property
Rosemount, MN 55068 between Pizza Hut and Holiday
Station Store.
Freestanding Signs
1. Sunrise Builder Supply Has two freestanding signs --
14040 South Robert Trail only one is permitted.
Rosemount, MN 55068
Off-site Developmenf Signs
1. Parkgreen, Inc. Sign at corner of Shannon -
P.O. Box A Parkway and CR 42.
Rosemount, MN 55068
2 . Custom Energy Homes Sign at corner of Highway 3 and
12645 Florida Lane CR 42.
Apple Valley, MN 55124
3 . Heartrstone Sign at corner of Highway 3 and
Earl Vraa, Developer CR 38.
125th & Dover
Apple Valley, MN 55124
(687-1469 )
4. Ground Development Corp. ' Sign at corner of Shannon
Steve Fiterman Parkway and CR 42 - "Shannon
?550 Utica Avenue South Hi11s. "
Mir.neapolis, MN 55416
5 . Wensmann Realty Sign at corner of Shannon
14340 Pilot Knob Road : Parkway and CR 42 - "Rosewood
. Apple Valley, MN 55124 Park. °
6. Carlson Farms, Inc. Edina Realty Development sign,
Cliff Carlson situated on Carlson property on
15125 South Robert Trail CSAH 42 between Pizza Hut and
Rosernount, MN 55068 Holiday Station Store,
advertising Iots for sale an
Carousel Avenue.
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CIT1' OF R�SEMOUNT
ORDINANCE NO. B-5
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
i THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS
; FOLLOWS:
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� SECTION 1. Section 10 of Ordinance B, adopted September 19, 1989, entitled "City of
Rosemount Zoning Ordinance," is hereby amended to read as follows:
SECTION 10 SIGNS
SECTION 10.1 PURPOSE, DEFINITIONS, GENERAL PROVISIONS
A. Purpose The purpose of this pravision shall be to achieve the following
objectives:
1. To establish standards which permit businesses a reasonable and equitable
� opPortunily to advertise.
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' 2. To allow for effective identification, advertising and communication '
fthrough the use of orderly,diserete and necessary communicative facilities.
3. To restrict the locations of advertising signs with messages which are not
-"" ' exclusively related to the premises in which they are located, to areas
� � where visuaC intrusions have the least impact on the resident population
yet allow ma�umum exposure to vehicular movement.
. 4. To create standards regulating the type, size, number and location of signs
to promote uniformity and protect the investment of the most
discriminating sign makers and users.
5. To prevent the use of signs frorn downgrading the appearance of
residential and commercial neighborhoods or depreciating property values
from the overcrowding or the oversizing of signs.
6. To prevent the location, size, display or lighting of signs from affecdng �,
� the safety of vehicular movement.
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7. To encourage a concern for the visual environment which makes the City
a more desirable place to visit, work and live.in.
B. 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 dis[inctive design which is mounted;on
a pole that is used as a symbol (as a nation), signalling device (nautieal), or
attention getting device (advertising - commercial or non-commercial).
Freestandin�,Si�n: Any sign that is attached directly to the ground or is
supported vertically by any structure having a source of suppor[ independent '
a of any building existing on the premises on which lhe sign is located.
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Ordinance No. B-S (coa't.)
Development Department and must be submitted three (3) days prior to
installation of a portable sign or beacon. Information required includes
sign dimensions, height, colors, materials of construclion, method of
anchoring, content and location. Unly one portable sign per lot may be
permitted. Portable signs may not be situated within any public street
right-of-way or easement and must conform with the setback of any
existing freestanding sign on the property.
14. No sign shall be painted directly on the exterior surface of any builc3ing.
15. Projecting signs are prohibited in all districts.
16. Ribbons, banners, pennanis, and similar devices are allowed in addition
to permanent signs in atl commercial districts, all industrial districts and
the public disuict. It is the intent that these means of advertising be used
on a temporary basis and i[ they are torn, discolored or in any way
damaged to substantially modify there original appearance they must be
removed upon written notice of the Community Development Department.
17. Permanent or temporary (portable) signs which advertise a business,
activity, product or service not located exclusively on the premises are
prohibited except as regulated herein.
� 18. No signs shall be closer than ten (10) feet from any property line or
comer lots except in the C-2 District and as otherwise regulated herein.
19. No sign may contain more than two (2) sides.
20. Rooftop signs are prohibited in all districts.
SECTION 10.2 PERMITTED SIGNS
A. All Districts: The following signs are allowed without a permit in all Zoning
districts,but shall comply with all other epplicable provisions of the ordinance.
1. Traffic Sig_ns
2. Public Siens: Signs including public information, points of interest,
memorials and other non-commercial in(ormation provided such signs
are erected by or on the order of the City or oiher public agency having
jurisdiction. '
3. Directional S'►�ns: Signs giving direction for pedestrian and vehicular
movement on the premises in which the signs are located, not exceeding
four (4) square feet in area nar three (3} feet in heighL
4. Commemorative SiQns: Signs or plaques stating the name, date of
coastruction, etc. of the building itself as opposed to the name or nature
of a business, unless they are one in the same.
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5. Holida�Sig�ns: Temporary signs or displays relating non-commereial 1
messages associated with national, state or local holidays or festivals,
6. Cam�ai ng Siens: Signs or displays naming candidates or issues to be
voted upon at public elections, provided such signs are posted no sooner
than ninety (90) days before an election and are removed ten (10) days
after an election. j
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� Ordinance No. B-5 {rnn't.)
7.; Real Estate Signs: Signs displaying sale or lease of property and contacts
of awners or agents not exceeding twenty-four (24) square feet in area,
provided only one (1) sign is erected per street frantage and all signs are
rernoved within ten (10) days after the sale or lease of the property,
excegt in commerciaUindustrial areas where up to two {2) signs per street
frontage shall be permitled not exceeding seventy (70) square feet.
8. Rummage Sale Si�ns: Signs announcing rummage or garage sales not
exceeding four (4) square feet in area, provided such signs are located
on private property and are removed immediately after the sale.
9. Address Si�ns: Signs displaying letters or numbers naming oniy the
owners and/or address of the property not exceeding one (1) square foot
, located at the street frontage property line, except on corner lats where
such signs shall be set back at least fifteen (15) feet from either property
line, or on the principal structure.
B. �iens Altowed bv Permit in Alt bistrict,�
' 1. �onstruction i*�nc: Signs naming a project, owners, contractors, etc.
not exceeding thirty-two (32) square feet in area or ten (10) feet in
height, provided auch signs contain no other advertising and are removed
upon completion of the project or two (2) years fram erection,whichever
is sooner.
2. Development Sign�: Signs promoting subdivisiom developments under
construction not exceeding one hundred (100) square feet in area or
twenty (20) feet in height, provided such signs are located on the
development site and are removed after ninety percent (90%) of the lots
have been sold.
� 3. Institutional Signs: Signs displaying names, addresses or directions for
schools, churches, public buildings, non-proiit organizations, ta�c exemp[
organizations, fraternal organizations, clubs, parks, public events, etc.,
not exceeding three {3) square Eeet in area or six (6) feet in height.
C. Si�ns Allowed by Permit in Agriculture Districts
1. One (1) sign per farm identifying [he name of said farm not exceeding
twenty-four'(24) square feet
2. One (1) sign per farm advertising agricultural products raised in part on
the premises not exceeding thirty-two (32) square feet.
D. �iens Allowed bv Permit in ResidenUal Districts
1. Permanent identi6calion signs for residentiai developments not exceeding
thirty-six (36) sqnare feet per sign with a maximum of two (2) signs at
each principal entrance; provided signs are located on private property
' and do not jeopardize trafGc or pedestrian safety.
2. One (1) identiCcation sign for multiple family dwellings not exceeding
twenty-four (24) square feet, set back a minimum of ten (10) feet from
all property lines not exceeding three (3) feet in height.
3. One (1) temporary freestanding sign per residential development
advertising the sale or lease of dwelling units on the premises not
_ exceeding one hundred (100) square feet nor twenty (20) feet in height.
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Ordinance No. B-S (con'tJ
3, F�e: The required fee as established hy resnluteom'`f City Council shall
be paid to the City before issuance of a s g p
B, O om Or man e m li.nc Reauirements for New and Existin��
1. Unsafe Si�s Nota hereinhs unsa elnor insecure, a menace to the pulbtic�,
structure regulate p written notice from the
or in violation of the rovisions o[this ordinance,
Communiry Develep nf�hDpermit shallhrembove or altertthe�structuretso
permi[. The hold
as to comply with the standards requped by this ordinance andaadicaaft�ee
hy the Community Development De artment within ten (10) y
issuance of such notice.
2. Ead�tin�Qns: Any sign C nfolrm�ostthe equirementst set forth in this
ordinance which does not
ordinance shall b nti ue abut shall�not beurebuilt�elocat d,gepgaced or
be allowed to co �
altered without being brougncenof nonconlforming s gns shall comply wit1�
of this ordinance. Maintena
provisioas of Section 14.3 of this ordinance.
3, Removal of Sien : The Community Deve�ilo�pnta nedepnrviolation of rd�
the removal of any sign erected or Shall be given to the owner
ordinance. Thirty (3U) days notice in writinS
of such sign, or of the building, strucWre or premises on which such sign
is located, to either comply v�nth ordinance or remove the sign.
E ION 2. This Ordinance shall be in full force and effect from and after its
publication according to law.
ENACI'ED and ordained this 3rd day of July, 1990. .
CITY OF ROSEMOUNT
Vernon J. apper ayor
ATTEST: .
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S an M. Joh cy,�City Clerk
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��� da of 1990.
Published in the Dakota Countv Tribune this y
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