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5.5. PCSR 04-14-2009REQUEST FOR ACTION To Item Number Plannin Commission 5.5 Agenda Section Meeting Date Prepared by Plannin Aril 14, 2009 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Request by City of Elk River to amend the City of Elk River erem Barnhart, Plannin Mana er Land Use Regulations relating to signs, including 30-1; 30-851- Reviewed by 867; 30-1022-1026; 30-1292-1294; 30-158, Case No. OA 09-01 -Public Hearing continued from March 10, 2009 Plannin Commission meetin Action Requested Staff recommends the Planning Commission recommend approval of the proposed language and definitions regarding signage. Attachments • Proposed Language • Definitions • Sign Area Example Exhibits • Freestanding/Monument Signage Exhibit • Existing/Proposed Signage Chart • Alternative Rural Based Business Language Overview The primary reason for the amendment is to consolidate all of the sign information into one location within the Code and, secondarily, to address any concerns the Planning Commission or City Council may have such as number of signs, sizes of signs, and duration of "temporary" type signs. Although there are many changes in the proposed language, a great deal of it is basic "housekeeping". A few of the items that have been changed are creating consistency between similar types of signs; such as construction signs and real estate signs and simplifying the regulations of the allowed square footage for signs. The purpose of this meeting is to focus the Planning Commission's attention on the proposed substantive changes. These changes would affect the size, number, or type of signage throughout the City. Because of this potential impact, it is important that all parties fully understand the changes as proposed. Staff will be looking for input from the Planning Commission on the following proposed changes. 1. Staff is recommending that when the copy of the sign is changed, it would require a permit. This should not be confused with a Changeable Copy Sign. (A .sign orportion thereof with characters, letters or illusions that can S:APLANNING MAIN\Case Files\OA\OA 09-01 Sign Ord Update\OA 09-01_PG2.doc be changed or rearranged mechanically without altering the face of the surface of the sign.). Staff feels the permit process for a change of copy is necessary for two reasons. First, it allows the city to inspect signs that may not have been permitted or inspected in the past. Second it allows the review of what use is occupying a space. If a use is not permitted in a space, staff could discover the use and have the applicant complete the proper application to permit the use, if allowable. This is a fairly significant departure from the current City Ordinance. The challenges to the businesses may include additional regulatory oversight, the requirement that additional improvements to the building are necessary, etc. 2. Staff is recommending that the section (30-866) pertaining to rural based business signs be deleted. The ordinance currently allows off-premise signs for rural based businesses. Staff feels it would be beneficial to delete this section because it provides benefits to one group of businesses (rural) over another (urban), and it is inconsistent with the spirit and intent of the zoning ordinance and home occupation regulations. Rural based businesses are often in conflict with neighboring properties, many of whom are occupied by persons desiring the rural lifestyle; adding signage that directs traffic through their areas appears inconsistent. Secondly, these rural based businesses are often home occupations, and the ordinance is fairly clear as to what type of businesses are permitted and not permitted. Businesses requiring frequent traffic to and from them are generally inconsistent with a permitted home occupation. 3. Staff is suggesting that business owners be given the option (and perhaps, added benefit) of constructing a monument sign in lieu of a freestanding sign. Currently, businesses are not given the option in the BP and C-4 zoning district. Staff is proposing regulation that would encourage monument signs in the C-3 zoning district by allowing their size to increase by 25%. It is thought that cone-time cost would be offset by the long term benefit of additional signage. The City's benefit is that its streetscapes are not cluttered by poles and sign support structures. 4. Currently the ordinance states that all freestanding signs shall have self-supporting structures permanently attached to concrete foundations. Staff believes that many signs are installed with two structural posts that may or may not be concreted in. Staff believes this issue is resolved in the ordinance, by requiring the signs to be consistent with the building code. Staff is not aware of a greater intent behind the ordinance. 5. Lastly, staff is proposing a reduction of the size of commercial construction and commercial real estate signs, dropping their allowed size from 64 square feet to 32 square feet. There are, of course, other changes proposed, many of which are considered not substantial. Staff is prepared to answer any questions pertaining to these. Definitions A definition for Moving Signs has been drafted and the definition for Alteration of a Sign has been modified. The Sign Area definition has also been revised to basically state that the area will be the rectangular area that encompasses any and all parts of the sign. Lastly, definitions have been added to include a freestanding sign and a monument sign. Action Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\OA\OA 09-O1 Sign Ord Update\OA 09-O1_PC-2.doc Proposed Language Sec. 30-851. Definitions. The definitions in section 30-1 are applicable in this subdivision. Lan~ua~e Added (Code 1982, ~ 900.22(2)) Cross references: Definitions generally, ~ 1-2. Sec. 30-852. Purpose and scope of subdivision. (a) Purpose. The purpose of this subdivision shall be to coordinate the type, placement, and physical dimensions of the signs within the different zoning districts, to recognize the commercial communication requirements of all sectors of the business community, to encourage the innovative use of design, to promote both renovation and proper maintenance, to allow for special circumstances, and to guarantee equal treatment under the law through accurate recordkeeping and consistent enforcement. These shall be accompanied by regulation of the display, erection, use, and maintenance of signs. (b) Scope. This subdivision shall not relate to building design, nor shall this subdivision regulate official traffic or government signs; the copy and message of signs; window displays; product dispensers and point of purchase displays; scoreboards on athletic fields; flags of any nation, government, or noncommercial organizations; gravestones; barber poles; religious symbols; commemorative plaques; the display of street numbers; or any display or construction not defined as a sign in section 30-1. (Code 1982, ~ 900.22(1)) Sec. 30-853. Compliance with applicable regulations. All signs hereafter erected or maintained shall conform with the provisions of this subdivision and other ordinances and regulations of the city. (Code 1982, ~ 900.22(3)) Sec. 30-854. Nonconforming signs. (a) Eligibility for legal nonconforming status. Existing signs which do not conform to the specific provisions of this subdivision may be eligible for the designation "legal nonconforming" provided that: (1) The City Administrator, or designee, determines that such signs are properly maintained and do not in any way endanger the public. (2) The sign was authorized by a valid permit or variance or complied with all applicable laws prior to June 18, 1990, the date of adoption of the ordinance from which this subdivision is derived. (b) L.o.rr of legal nonconforming.rtatu,r. A legal nonconforming sign may lose this designation if the sign is relocated, replaced, altered, or damaged by more than 50 percent, other than for change of copy or normal maintenance. (c) Maintenance and repair. A legal nonconforming sign is subject to all requirements of this subdivision regarding safety, maintenance, and repair. (d) Relocation or~Alteration. The city council may, upon application of a property owner, permit the aAlteration or relocation of a legal nonconforming sign if, after a public hearing by the planning commission and city council, the council determines that total compliance with the current sign regulations is not reasonable but the aAlteration or relocation of the nonconforming signs is in greater conformity with the existing sign regulations and is in the best interest of the community. (Code 1982, ~ 900.22(5)) Sec. 30-855. Appeals. Any failure to respond to an applicaxion within 14 davs of receipt or any decision rendered by the City Administrator, or designee, in denying a permit or in alleging a violation of this subdivision may be appealed as provided in subdivision II of division 2 of this article. Page 1 of 17 (Code 1982, ~ 900.22(7)(I)) Sec. 30-856. Notice of violation; order to repair or remove sign. In addition to the remedies authorized in section 30-576, the city may cause the following action to be taken: (1) When, in the opinion of the d~ City Administrator or designee, a violation of the Code exists, the City Administrator, or designee, shall issue a written order to either the owner of the sign or the owner of the property on which the sign is placed. The order shall specify those sections of the Code involved, shall describe the violation and shall direct that the violation be corrected within 30 days from the date of the order. (2) If, upon inspection, the ~ City Administrator, or designee, finds that a sign is abandoned or is structurally or electrically defective, or in any way endangers the public, the der~xg Citv Administrator, or designee, shall issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring repair or removal of the sign within 30 days of the date of the order. (Code 1982, ~ 900.22(7)(G)) Sec. 30-857. Authority of City Administrator, or designee,. (a) Administrative j~rocedures. The ~ Cit~Administrator, or designee, shall process applications for permits and variances, schedule public hearings as required, and enforce and carry out all provisions of this subdivision. The ~ City Admi~strator, or designee, is authorized to promulgate procedures consistent with this function. (b) In.+~ections. The bBuilding eOfficia] City Administrator, or designee, is empowered, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the city for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists. (Code 1982, ~ 900.22(7)(A)) Sec. 30-858. Removal of signs by city. (a) The ~ Cite Adrninistr~tor, or designee, may cause the removal of any illegal sign, any sign remaining after a business closes, or any sign not properly maintained in cases of emergency, or after failure to timely comply with written orders for removal or repair. After removal or demolition of the sign, a notice shall be mailed to the sign owner and owner of the property where the sign was located stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the direeter-~~i=~lanr~g City Administrators or designee, together with an additional 50 percent for inspection and incidental costs. If the amount specified in the notice is not paid within 30 days after mailing of the notice, it shall become a lien against the property where the sign was located and shall be certified as an assessment against the property together with ten percent interest for collection in the same manner as the real estate taxes. (b) The owner of the property upon which the sign is located shall be presumed to be the owner of all suns thereon unless facts to the contrary are brought to the attention of the ~ ~ , Ci ~ Administrator, or designee, as in the case of a leased sign. (c) For purposes of removal, a sign shall be deemed to include all sign embellishments and structures designed specifically to support the sign. (d) In case of emergency, the ~ City AdministratorLor designee, may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to the public safety as defined in section ~95:A499 013 0.0180 of the state building code. (Code 1982, ~ 900.22(7)(H)) Sec. 30-859. Prohibited signs. Page 2 of 17 The following types of signs are prohibited in all districts: (1) Abandoned signs which no longer identify or advertise a bona fide business, service, product, or activity or for which no legal owner can be found. (2) Banners, pennants, festoons, and searchlights jinflatable balloonsldispla~-s) except as a permitted temporary special event sign under section 30-866(7). (3) Off-premises signs, other than advertising_siQns. (billboards (4) Signs imitating or resembling official government signs or signals. (5) Signs attached to trees, utility poles, public benches, or streetlights, or placed on any public property or public right-of--way. (6) Signs placed on vehicles or trailers which are parked or placed for the primary purpose of displaying the sign, except for portable signs or lettering on buses, taxis, or vehicles operating during the normal course of business. (7) Signs suspended beneath a canopy, overhang, roof, or marquee without a minimum clearance from grade of eight feet in either a vehicular way or s~~~ in a pedestrian way. (8) Any roof sign or sign erected above the roofline of a building. (9) Any sign placed within 30 feet of any intersection that may obstruct motorist or pedestrian visibility. (10) Rotating, .. or Moving Signs. (11) Unsafe/dangerous signs as determined b~ thg Cit~Administrator, or designee. (12) Painted wall signs. (13) Signs utilizing flashing and or revolving beacon lights. (Code 1982, ~ 900.22(3)(B)) State law references: Signs resembling traffic control devices prohibited, Minn. Stats. ~ 169.07. Sec. 30-860. Permit. (a) Required. Unless otherwise provided by this subdivision, ~s the erection, Alteration, change of copy or relocation of a sign shall require permits and payment of fees as described in this section. No permit is required for the maintenance of a sign (b) Exemptions. The following types of signs are exempt from permit requirements but must otherwise be in conformance with all requirements of this subdivision: (1) On-premises construction signs that comply with section 30-866{~jg-j2' (2) On-premises directional/informational signs and nameplates having a sign area of four ~ feet or less. (3) .Portable A-frame signs in the Downtoarn District {§}~ Political signs, on-premises private sale signs or on-premises event signs. ~~ On-premises residential or commercial real estate signs that coro~ly with section 30-866 ~ _ ~~ Window signs, provided they do not e cover more than 5i) percent of the window area. (c) Application. Application for a permit for the erection, xAlter~tion, change off c~wv or relocation of a sign shall be made to the ~ City AdministratotLor designee, upon a form provided by the city and shall include the following information: (1) The name and address of the owner of the sign. (2) The street address or location of the property on which the sign is to be located, along with the name and address of the property owner. (3) The type of sign or sign structure as defined in this chapter. (4) A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises. (5) Structural details as required. Page 3 of 17 (d) Fee. All applications for permits filed with the ~ City Administrator, or designee, shall be accompanied by a payment of the initial permit fee for each sign in such amount as determined by city council resolution. (e) Issuance or denial. The ~ ~ag CittTAwjrninistrator, or design„ ee, shall issue a permit for the erection, alteration, change of eob~ or relocation of a sign within 30 days of receipt of the completed application and applicable fees, provided that the sign complies with all applicable laws and regulations of the city. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail. When a permit is denied by the ~~€ Cit~Administrator, or designee,, written notice shall be provided to the applicant along with a brief statement of the reasons for denial. The ~ City Administrator or designee, may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application. (~ Ke, fund of fee on denial of j~ermit. If a permit is denied, the permit fee shall be refunded to the applicant. (g) Re_ fund of fee on abandonment ofpermit. If no inspections have been made and no work authorized by the permit has been performed, 50 percent of the permit fee may be refunded to the applicant upon request, provided that the permit is returned to the ~ City Administrator, or designee, within 90 days of issuance. (h) Expiration. A permit issued by the ~ City Administrator,~r designee, becomes null and void if work is not completed within 180 days of issuance. If work authorized by the permit is suspended or abandoned for 180 days, the permit is thereby suspended, but may be reinstated with an additional payment of one-half of the original fee. (i) Failure to obtain permit. If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirement or penalties prescribed in this subdivision. (Code 1982, ~ 900.22(3)(A), (3)(C), (7)(B)--(7)(E)) Sec. 30-861. Inspections. (a) Any person ~ ~ ~ ,performing the erection, Alteration change of cope or relocating a sign for which a permit has been issued shall notify the bBuilding HOfficial upon completion of the work. The huilding eOfficial may require a final inspection, including an electrical inspection and inspection of footings on freestanding signs. (b) The 13~uilding eC~fficial may require in writing upon issuance of a permit that he be notified for inspection prior to the installation of certain signs. (Code 1982, ~ 900.22(7)(F)) Sec. 30-862. Maintenance. All signs shall be properly maintained, including the ground around the sign. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced on conforming signs. The bBuilding eOfficial shall have the right under sections 30-856 and 30-858 to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated. (Code 1982, ~ 900.22(3)(D)) Sec. 30-863. Illumination. Unless otherwise specified by this subdivision, all signs may be illuminated. (Code 1982, ~ 900.22(3)(E)) Sec. 30-864. Changeable copy. Unless otherwise specified by this subdivision, a Changeable Copy Sign or Animated Sign larger than 30 square feet will require a Conditional Use Permit. All other Changeable Copy Signs or Animated Signs are allowed. (Code 1982, ~ 900.22(3)(F); Ord. No. 07-10, ~ 1, 7-16-2007) Page 4 of 17 Sec. 30-865. Indemnification of city. All persons involved in `t-~ --~°'~`~_°`~~, "~`~"°`'~", °'`~°°"~", the erection, Altera#ion, change of co ~ or relocation of signs near or upon any public right-of--way or public property which requires the use of public property shall, as a condition of the use of such public property for sign work, agree to hold harmless and indemnify the city and its officers, agents, and employees against any and all claims of negligence resulting from such work insofar as this subdivision has not specifically directed the placement of a sign. (Code 1982, ~ 900.22(3)(G)) Sec. 30-866. District regulations. The following signs are allowed in all districts: (1) All suns not requiring permits as set forth in section 30-860(b). (2) One ~. on-premises nonilluminated construction sign not to exceed H4 32 square feet in sign area or 15 feet in height. Sign may be erected 30 days prior to the beginning of construction and shall be removed 3A ~ days following issuance of a Certificate of Occu~ancY. Such signs shall not be illuminated. (3) One ~. on-premises nonilluminated real estate sign per lot or premises not to exceed six (~, square feet in sign area for residential lots and one j~ on-premises nonilluminated real estate sign per lot or premises not to exceed H4 ~ square feet in sign area or 15 feet in height for commercial lots. Such a sign must be removed ten 10 days following closing, rental, or lease. (4) One on-premises attached nameplate per occupanry, not to exceed four ,( square feet in sign area. (5) Political signs. Political signs are permitted in all zones. Such signs shall be consistent with state statutes. Political signs may be placed only on private property and only with the permission of the property owner. Such signs shall not be illuminated. (6) On-premises directional/informational signs not to exceed four ~ square feet per sign in sign area. (7) One ~ on-premise temporary or portable sign per premise (property) may be installed, as allowed by the City Administrator or their designee. Temporary or portable signs are also subject to the following: a. Signs may not be displayed for more than a total of 90 days per calendar year, per property. A single permit shall not exceed 30 consecutive days. b. Signs may not be displayed without a permit. The permit shall be affixed to the sign and be visible. Each permit must indicate the number of days, and the dates, the sign is to be displayed. A fee and deposit at a level established by ordinance adopted by the Elk River City Council is required. The city will release deposits following removal of the sign according to the permit, and receipt of a written request to do so. c. Maximum sign size shall be limited to 48 square feet and shall not exceed nine (9, feet in he,~ht. d. Signs must be located on the property of the business and the advertising message must only relate to business conducted on that premises, except that nonprofit or charitable organizations as defined by Internal Revenue Code section 501(C)(3) may have off-premises signs for their fundraising activities, provided they obtain permission from the property owner. Nonprofit organizations shall be limited to three signs per event and the signs shall not exceed the number of days allowed in subsection (7)a. of this section. If event is advertised for more than 30 days, it shall count toward that property's 90-day limit for temporary signage. e. Signs may not be placed in any right-of--way and must be located on an approved surface; not including fire lanes and/or circulation drive lanes. Approved surfaces include: asphalt, concrete, class-5, crushed concrete. £ Only signs approved by the City of Elk River may be placed on city properties, as approved by the city administrator or designee. Page 5 of 17 g. For purposes of this section, Ciry of Elk River property leased to other entities shall not be considered city property. h. Signs must not be unsafe or dangerous and must be securely anchored. (8) No more than one ~ permanent area identification sign shall be allowed per neighborhood, subdivision, or development. However, if the neighborhood, subdivision, or development has entrances on arterial and/or collector roads, then a single area identification sign maybe allowed at each of these entrances. Each sign shall not exceed 16 square feet in sign area and shall not exceed ei_g_ht (8~ feet in height. The area identification sign shall be placed on the same premises as the development which it identifies. (9) One f l~ on-premises permanent identification siQ-n per apartment or condominium complex, not to exceed 16 square feet in sign area and shall not exceed eight (~ feet in height. (10) For permitted nonresidential uses, such as churches, synagogues, and schools, one ~ on- premises freestanding sign and one ~ wall business sign, not to exceed 96 square feet in total sign area. Where a zoning lot has in excess of 1,000 linear feet of combined street frontage, the total signage area shall not exceed 192 square feet with no more than 96 square feet per sign. Freestanding signage shall not exceed 20 feet in height. (11) Any combination of on-premises freestanding and wall-mounted real estate signs for model homes having a combined total sign area not to exceed 32 square feet. Freestanding signs for model homes shall have a maximum height of five feet. ._...,.~, »... ____.._~____b __b___ ___ ___ (Code 1982, ~ 900.22(4)(A), (4)(B); Ord. No. 00-06, ~ 1, 3-20-2000; Ord. No. 04-13, ~ 1, 8-27-2004; Ord. No. 06-12, ~ 2, 10-16-2006; Ord. No. 07-20, ~ 1, 12-17-2007) Sec. 30-867. Construction and location standards. (a) Compliance with building code. All signs shall be constructed in accordance with the requirements of the state building code. (b) Except as otherwise provided all freestanding signs shall have a setback of ten (10 feet from and uropert~T line to and! portion of the sign When a property line is located within the road, the~etback shall be 25 feet from the edge of the road. {bjf~ Anchoring. (1) No sign shall be suspended so that the sign will swing in a wind. ~terr~• ~~ All portable signs on display shall be braced or secured to prevent motion. ~~ Wind resistance. All signs shall comply with the wind load requirements of the ei~ state building code. {~}~e~ Obrtrcrction of exits. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress. Page6of17 {e}~f Interference zvith ventilation. No sign shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation, except that signs may be erected in front of and may cover transom windows when not in violation of the provisions of the current building or fire code. ~l~ Clearance from electrical equipment. Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with present electrical code specifications. {g}~ Lighting. Lighting shall be directed away from road rights-of--way and adjacent dwellings. (Code 1982, ~ 900.22(6)) Sec 30-868 C-1 central business district. (11 Tetn.~orar~st~~ns as Permitted in section 30-851 et seq. (~ Permanenrsigns. a. One (11 permanent area identification sign der neighborhood, subdivision or develo ment, not to exceed 64 square feet v~rith a maximum height of 20 feet. The area identification sign shall be located on the same premises as the development it identifies. b. One (11 freestanding sign not to exceed 64 square feet with a maximum height of 20 feet. c. The sign area of Area Identification Suns and Freestanding Signs may be increased 25% if the sign is constructed as a Monument Sign. d. e. ~yvo (21 wall signs, not to exceed 64 total satuare feet der occupancy* £ One ozx premise menu board Per drive-ug nr walls-uP lane of a drive-in restaurant or carwash up to a maximum of 32 square feet each Menu boards are alloy=ed to have a message on one side only and may not contain an advertising rnessa~e. Sec 30-$69. C-2 office district. X11 Temporary- s_ i~•ns as Permitted in section 30-$51 et sea. (21 Permanent signs. a. One' l~permanent area identification sign per neighborhood, subdivision, or development not to exceed 64 square feet with a maximum height of 7 feet. The area identification sign shall be located vn the same Premises as the development it identifies. b. One (~ freestanding sign not to exceed 32 square feet with a maximum height of 7 feet. c. Two ~~ wall signs not to exceed 64 total square feet per occupancy Sec 30-8'70 C-3 highway commercial district. l~l Temporary signs as Permitted in section 30-851 et seq. (2~ Permanent signs. a. One U permanent area identification sign per neighborhood subdivision, of develo ment, not to exceed 64 square feet with a maximum height of 30 feet. The area identification sign shall be located on the same premises as the development it identifies. b. One (11 freestanding_siQn~ not to exceed 150 square feet with a maximum height of 30 feet Where a lot has in excess of 300 feet of street frontage, one (1) additional Freestanding or Monument sign a=il1 be allpwed This sign shall be subject to the size and height limitations of the first allowed Freestanding or Monument sign and maybe Placed no closer than 150 feet to and other Freestanding or Monument si~•n on the same premise. c. Two (2 wall signs not to exceed 200 total square feet per occupancy. Page 7 of 17 d. One on-premise menu board per drive-up or walk-up lane of a drive-in restaurant or carwash into a maximum of 32 square feet each Menu boards are allowed to have a message on one side only and mak not contain an advertising message. X31 Advertising signs. (Billboard) a. Prohibited within 100 feet of the intersection of the highway right-of--way and any other right-of--way or driveway. b. Prohibited within 1,200 feet of another advertising sign on the same side of the right- of-wa °. c. Shall be erected with a single pole or mono-pole structural standard and shall have underground wiring. d. The base of an}~ advertising sign must be landscaped to prevent erosion and noxious weeds and must be properly maintained. e. Shall not exceed 400 square feet in area nor 25 feet in height as measured perpendicularly from the height of the highest point of the sign structure to the grade level directl~„below the sign The existing grade may not be altered for the purpose of increasing sib height. f. Shall be considered a principal use of the~roperty. Existing advertising signs must be removed when the parcel upon which the~are situated is devoted to another principal use. g. The city shall perform a yearly inspection of the advertising signs to ensure comRliance of said structure with the provisions of this section and other .provisions of this article The fee for said inspection shall be set by the city council by resolution from time to time. h. Shall onl}_be allowed in C-3 zoned~ro~erty adjacent to right-of--way for state highways number 10 and 169. Sec 30-871 C-4 communit}~ commercial district ~) Tem~ora~}' signs as permitted in section 30-851 et sect. ~2,) Permanent signs. a. ne 1} permanent area identification sign der neighborhood subdivision, ar develQpment~not to exceed 64 square feet with a maximum height of 10 feet. The area identification sign shall be located on the same premises as the development it identifies. b. One U freestanding sign not to exceed 100 square feet. The maximum height shall be 10 feet along_colIector streets and the maximum height shall be 20 feet along arterial streets. c. All freestandingsignage shall be a Monument Sign. d. Two~2) wall signs, not to exceed 200 total square feet pet occupancy. Sec 30-872. DD downtown district Temporary Slgns as permitted in section 30-851 et sed. (2) PT ermanent signs. Suns should be designedto fit with the character,~roportions and scale of the individual building and should complement, rather than compete with the character of downtown. a. Prohibited sig_ns• back-lit sign~excludin~individual letters, molded plastic cabinet suns, smooth/flat plastic signs and signs with strobe lights, flashing elements or distracting actions. b. One 11 wall mounted sign and one (~ projectin~si~n shall be allowed on each PrimarX Facade and on one Secondary Facade, which does not extend above the roofline of an adjoining building. c. A total of one square foot of wall mounted signage per one linear foot of Unit Width, not to exceed 32 square feet shall be allowed. Page 8 of 17 d. Wall mounted signs shall not exceed 24 inches in height nor project out more than eight (8) inches from facade. e. Wall mounted signns shall not be higher than the bottom of the Stringcourse. £ Projecting sig_n(s) shall not exceed six (6) square feet in area, shall not project more than four {~ feet from facade and shall not be thicker than six {6) inches. g. A proiecting sign shall ~roiect out perpendicular from facade. h. Projecting sign and structural elements shall not be lower than eight 8~ from the sidewalk nor shall be higher than the bottom of the sill of the second floor windows. i. Si~nage shall be constructed of metal, wood, stone, plastic {with three dimensional reliefs) and/or cloth. j. The brackets and structure for~rojecting signs shall be ornamentally designed. k. With the exception of individual letters only externally illuminated signs are allowed. 1. Monument signs shall not be allowed Existing monument signs erected prior to the. date of the adoption of this section can be rebuilt to the same size in the same location. m. Aside from a date and name stone not exceeding three l3Lquare feet, no signage shall be placed within the parapet,panel area n. Window signs and temporary on-site signs attached to or painted on a R~indow may riot cover more than 50 t~ercent of the window surface area. o. Poct~ble signs shall be limited to unlit A-frame signs with a maximum height of three (il feet and a total area of six {6) sgare feet per side. Such signs shall not obstruct pedestrian traffic nor impede vehicular traffic. p. Only one (11 portable sign may be displayed directl~in front of a business at anv given time and shall be displayed only during business hours. q. Street numbers must be prominently displayed at the main entrance to every business and be visible from the street. sec 30-873. I-1 light industrial district f1) Temporary signs as permitted in section 30-851 et seg. (2) Permanent signs. a. One 11 iermanent area identification sign per neighborhood, subdivision, or development, not to exceed b4 sc~uuare feet with a maximum height of ZO feet. The area identification sign shall be located on the same Rremises as the development it identifies. b. One ~ freestanding_s~n not to exceed 150 square feet with a maximum height of 30 feet Where a lot has in excess of 300 feet of street frontage, one {1) additional Freestanding or Monument sign will be allowed This sign shall be subject to the size and height limitations of the first allowed Freestanding_or Monument sign and maybe placed no closer than 154 feet to any other Free~anding or Monumg~n~ sign on the same premise. c. a, Prohibited within 100 feet of the intersection of the highway right-of--way and an~~ other right-of--way or driveway. b. Prohibited R~ithin 100 feet of another advertising sign on the same side of the right- of~ay. c. Shall be erected with a single pole or mono-pole structural standard and shall have underground wiring. d. The base of anv advertisingsign must be landscaped to prevent erosion and noxious weeds and must be~roperly maintained. e. Shall not exceed 400 sc~nare feet in area nor 25 feet in height as measured *=*+Pndiculariy from the height of the highest point of the sign structure to the grade Pagc 9 of 17 level directly beloR~ the sign. The existing grade may not be altered for the purpose of increasing_siQn height. f. Shall be considered a principal use of the property. Exisring adverrising signs must be removed when the parcel upon which the}~ are situated is devoted to another principal use. g. The ci . shall perform a yearl}t inspection of the advertising devices to ensure compliance of said advertising structure with the :provisions of his section and other provisions of this article. The fee for said inspection shall be set by the city council by resolution from time to time. h. Shall only be allowed in I-1 zoned property adjacent to right-of--way for state highways number 10 and 169, Sec. 30-874. I-2 medium industrial district X11 Temporary signs as_,perrnitted in section 30-851 et sect, !21 Permanent sins. a. One ~ tiers man~nt area identification sign ber neighborhood, Subdivision, or development, not to exceed 64 sduare feet with a maximum height of 20 feet. The area identification sign shall be located on the same premises as the development it identifies. b. One 1) freestanding sign, not to exceed 150 sduare feet with a maximum height of 30 feet Where a lot has in excess of 300 feet of street frontage, one (,1) additional Freestanding_or Monument sign v~~ill be allowed. This sign shall be subject to the size and height limitations of the first allowed Freestanding or Monument sign and may be placed no closer than 150 feet to any other Freestanding or Monument sign n the same preruse. c. Qne (1) wail sign, not to exceed 120 sduare feet per occupancy. 31 Advertising signs. (Billbo~rdl a. Prohibited within 100 feet of the intersection of the hi~hwav right-of-way and an other right-of--way or driveway. b. Prohibited within 1,200 feet of another adverrising sign on the same side of the ri~ht- of-wa . c. Shall be erected with a single pole or mono-pole structural standard and shall have underground wiring d. The base of any advertising sign must be landscaped to prevent erosion and noxious weeds and must be properly maintained. e: Shall not exceed 400 sduare feet in area nor 25 feet in height as measured perpendicularly`from the height of the highest point of the sign structure to the grade level directly below the sign. The existing grade may not be altered for the purpose of increasing sign height. f. Shall be considered a principal use of the property. Existing advertising signs must be removed when the parcel upon which they are situated is devoted to another principal use. g. The ci o shall perform a yearly inspection of the advertising devices to ensure compliance of said advertising_structure with the provisions of this section and other provisions of this article. The fee for said inspection shall be set by the city council resolution from time to time. h. Shall only be allowed in I-2 zoned propert}- adjacent to right-of--way for state highways number 10 and 169. Sec. 30-875. BP business park district Temtiarary signs as permitted in section 30-851 et sed. Permanent signs. Page 10 of 17 a. One (1 freestanding sign not to exceed b4 square feet with a maximums height of 8 feet. b, All freestanding signage shall be a Monument Si~•n. c. One (i~ wall sign not to exceed 120 square feet per occupancy. Sec 30-876. CRT commercial reserve transitional district (1) Ternporarv signs as permitted in section 30-$51 et sect (2) Permanent Signs. a. One ~1) freestanding sign not to exceed 150 square feet with a maximum height of 30 feet, b. Three {3) wall signs not to exceed 300 square feet per occubanc~ Secs. 30-8H8--30-890. Reserved. Sec. 30-1022. C-1 central business district. (c) Accerrory uses. Accessory uses in the C-1 district are as follows: (1) ~ Signs as permitted in section 30-851 et seq. _ r - i_ r r~~~ ..r,. ~ r ~ e -_ --__ __ _r in r~~~ c._,.i _ . _ ,.. = - .,~ ~y y ~ ~u~~a yr b {~}~ Off-street parking facilities. {4}~3) Off-street loading facilities. {§}~41 Telephone booths. {~}j51 Private recreational facilities. ~}~ Public shelters and essential services. Sec. 30-1023. C-2 office district. (c) Accessory uses. Accessory uses in the C-2 district are as follows: (1) ~ Signs as permitted in section 30-851 et seq. > , - qua°~ ~ ~s Page ll of 17 ~etec~ {~}~ Off-street parking facilities. {4}~ Off-street loading facilities. ~~ Telephone booths. {~r}~ Private recreational facilities. {~}j6~ Public shelters and essential services. Sec. 30-1024. C-3 highway commercial district. (c) Accer.rory uses. Accessory uses in the C-3 district are as follows: (1) ~'~ Signs as permitted in section 30-851 et seq. -r e ur ~ rrm~~r. Page 12 of 17 ~. , tl~,~a~: ~e~ f-3}j2~ Off-street parking facilities. {4r~}. Off-street loading facilities. {§}~4) Telephone booths. ~~ Private recreational facilities. {~-}~6,~ Public shelters and essential services. Sec. 30-1025. C-4 communitycommercial district. (c) Accessory uses. Accessory uses in the C-4 district are as follows: (1) Uses customarily incidental to the permitted or conditional uses allowed in this district. (2) Off-street parking areas. (3) ~'et~e Signs as permitted in section 30-851 et seq. ~~ Page 13 of 17 Sec. 30-1026. C-4 DD downtown district (c) Accessory uses. Accessory uses in the Downtown district are as follows: (1) Off-street parking facilities. (2) Off-street loading facilities. (3) Telephone booths. (4) Private recreational facilities. (5) Public shelters and essential services. (6) Sale of firearms. (7) Te~erary Signs as permitted in section 30-851 et seq. c _.Y r,. _,. a.. rrvrn-iacaa~ C 1 > > ~ b e _..L.: _..1,....._,. rL:., :,.:1_7.. L ._...., ~l,_~ ,....,.,... Page 14 of 17 Sec. 30-1292. I-1 light industrial district (c) Accerrory uses. Accessory uses in the I-1 district are as follows: (1) Retail sales, provided: a. The retail sales activity is not located in an administrative office facility, but is located within a business, the principal use of which is not commercial sales. b. The retail sales activity does not occupy more than 15 percent of the gross floor area of the occupied quarters. c. The retail sales activity is accessory to the principal use. d. No sign identifying the retail sales is visible from the outside of the building. (2) ~ern~erary Signs as permitted in section 30-851 et seq. ~}--~err~~;~~e~-sigmas- • , ,... Sec. 30-1293. I-2 medium industrial district (c) Accerrory uses. Accessory uses in the I-2 district are as follows: (1) Accessory structures. (2) ~~ Signs as permitted in section 30-851 et seq. ... ~--- r-----------_ .._.._ ___-------_--~-- --b-- r-- ----b--------___, .,__~.------~ -- --~---r------- ---_ _- Page 15 of 17 ~a~i~ Sec. 30-1294. BP business park district (c) Accer.rory uses. Accessory uses in the BP district are as follows: (1) Off-street parking lots or facilities. (2) Private recreational facilities. (3) Public shelters and essential services. (4) Retail sales, provided the following conditions are met: a. The retail sales activity shall not be located in an administrative office facility, but shall be located within a business, the principal use of which is not commercial sales. b. The retail sales activity shall not occupy more than 15 percent of the gross floor area, or a maximum of 5,000 square feet of the occupied quarters, whichever is less. c. The retail sales activity shall be related and subordinate to the principal use. d. No sign identifying or promoting that retail sales occur within the building shall be visible from outside the building. e. Freestanding retail shops and stores shall be limited to those which complement other uses within the business park and provide a service to those other businesses, and shall not exceed 20,000 square feet in size. f. Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the premises may be permitted as an accessory use provided no more than ten percent of the building is used for retail/wholesale sales. (5) Therapeutic massage when offered within the confines of a medical or chiropractic clinic. (6) Terxperxry Signs as permitted in section 30-851 et seq. Page 16 of 17 Sec. 30-1583. CRT commercial reserve transitional district (c) Aae.rrory uses. (1) Accessory farm structures. (2) Public shelters and essential services. (3) Garages and sheds including metal skinned buildings. (4) ~ Signs as pern~itted in Section 30-851 et seq. Nage 17 of 17 Section 30-1. Definitions Sign, Alteration of, means any change, reconstruction, relocation, or enlargement/reduction of a sign, or of any of its component parts. Routine maintenanc , and the repainting shall not be deemed to be an alteration ---'`L'-- `L~ ~~~`~_-` ~r ,...~:..i.. ~rr~ New Sign, Freestanding, means any sign not attached to a principal or accessory building. New Sign, Monument, means a Freestanding Sign supported by an internal structural framework covered by solid structural feature such that the support structure is not visible. New Sign, Moving means any sign or device which has any visible moving parts, visible revolving parts, or visible mechanical movements. tt l ~' - t- ~ ccs~~izccai'srw ozcc~`a~-rc-~o`rni~cre zr-o=-nv`ul'i--3i ~ a"auca ... ... -ivgi.u ii ~ .S1Pll S2'ea. ~) The area of and sign shall be the rectangular area of the largest face, including its border area For signs that are composed of individual letters or symbols, have an irregular shape have open maces or are composed of two or more individual cabinets the sign area shall be the area of the smallest single rectangular figure that encloses it. (2) If a Freestanding or Monument sign is constructed so that the faces are not back to back, the ankles shall not exceed ten (10) degrees. If the angle is greater than ten (10) degrees, the total area of both sides added together shall not exceed the maximum allowable sign area for that district. WH 05~6E~8 6002/OI/b'6Mp'sa~dwex3\a;epd~ pip u6iS i0-60 d0\d0\Sa~ij ase~\~NINNVId\~5 Wb' Lb~6E~8 6002/Oi/b'6Mp~sa~dwex3\a~epd~ p~0 u6!S 10-60 b'O\b0\Sal!~ ase~\9NINNHId\~S WH £b~6£~8 6002/OT/b'6nnp•sa!dwex3\alepd~ p~0 u6!5 TO-60 b'O\d0\sa!!~ ase~\9NINNb'ld\~S 0 .~ OD ~ ~ ~ ~ Z c~ Q N N 3 X M M C N d ~ f6 Q X X ~ ca .~_ ~ ~ ~ _ C C ~ Q d ~ ~ ~ X S N .t Q ~C X Q ~~ ~~ * * o O o ~ o ~ a a CO N N r ~ O C0~ ~'t' ~ O ~ C i ( C~"j M ~'f' rf' et N ~ ~ ~ - r r ~ M O' N a N ~ O N ~ M i,(D ~- O 0 N 0 N O lp M c''D O ~ ~ E E ~ O M C~ ~ ~ C O C O N ' ~ * * ~ ~ ~ * r- ~ * ~ * r- r- ~ 0 0 ~ 0 0 0 O N M A N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ !n ~ r- U N U M U ~t U ~ - N - a m ~ U a~ 3 ~ o ~ m ~ m ~ .a ~ = C '3 fB C ~ •~ ~ rr ~ ~ C O O N ~ ~ 7 ~ C C ~ ~ ~ ~ ~ O N !n ~ O O ~ ` O ~ Q °c' ~ vc ~ ~ ~~ E V ~ ~ ~ N ~ a~ a~ w ~ o ~ ~ ~ ~' ~ ~ w. C N ~ 3 C ~ ~ O O .~ - O C t• N -a (0 ~,,, C L ~ ~, -O "r C L ~ O N O L v ~ ~ ~ E O ~ O O O ~ O O ~ C fA ~ N ~ ~ ~ X ~ cB +_' C O N ~ f° ~ c ,a? E m ~ N ~' - tq N t O O (0 ~ 7 N `~ _ ~ N O o ~ ~ ~ crn ' ~ ~ a~ ~ o ~~ O -a w- O C N O O N M O O (0 ~ ~ _ .-. O w-C,, ~ j O N O ~ > C N U U O ~ (B ~ O r ~ fn C C 7 0 . L f0 O O N N ~ ~ ~ U L .Q N ~ p O ) O Q L U (0 to C C O ~ O U O C C O . .~ N ~ N • -a fB ~ L s N V ~ O O ~ a ~~ F- a ~ t v G v c 0 a~ c .~ .p O G ~3 c 0 v v v c v v .~ 2 Alternative Rural Based Business Lan ua e If it is the Planning Commission and City Councils desire to maintain the Rural Based Business Off Premise signs, staff would recommend the following language: 12) Rural~Based hBusinesses shall be allowed u to four ~ off-premises directional signs subject to the following restrictions: a. Individual directional signs shall not exceed ~8 six 6 square feet. eb. Such signs shall be located on private property which is adjacent to an arterial road, provided that the property owner's permission is obtained inin wn_ting. de. Such signs shall only contain the name of the hBased bBusinesses and the direction and distance to the facility. s,;e,,;,,~ F~„- a~ i t ..a __ _ , b a g ~+ `- i339~e-3}gi39: ~€d. Except as otherwise provided, all freestanding signs in residential zones shall have a maximum height limit of eight ~ feet. ~ig~-e€~~ e. Si~nin~ for straight-ahead movements shall not be allowed