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HomeMy WebLinkAbout0176 LAKEVILLE, MINNESOTA SIGN ORDINANCE f Prepared By: Northwest Associated Cornultants, Inc. 4820 Minnetonka Boulevard, Suite 420 Minneapolis, Minnesota 55416 A=` r ORDINANCE NUMBER 176 AN ORDINANCE REGULATING SIGNS WITHIN THE CITY OF LAKEVILLE, AND PROVIDING PENALTIES FOR VIOLATION. THE CITY COUNCIL OF THE CITY OF LAKEVILLE DOES ORDAIN: SECTION 1. TITLE, PURPOSE AND INTENT 1 .1 Title. This Ordinance sha11 be known as the "Lakeville Sign Ordinance" excepT as referred to herein, where it shall be known as "this Ordinance". 1 .2 Purpose and Intent. This Ordinance is established to protect health, safety, general welfare and order within the City of Lakeville through the establishment of regulations and procedures governing signs. 1 SECTION 2. RULES The language set Forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction. 2.1 Whenever a word or term defined hereinafter or in the Lakeville Zoning Ordinance, as amended, appears in the text of this Ordinance, its meaning shall be construed _ as set forth in such definition. 2.2 If there is a conflict thot occurs between this Ordinance and the Lakeville Zoning Ordinance, as amended, the conditions as set forth in the Lakeville Zoning Ordinance, as amended, shall prevail . 2 SECTION 3. DEFINITIONS The following words and terms are defined as follows: 3.1 Advertising Sigru. A billboard, poster panel, painted bulletin board, or other - communicative device which is used to advertise products, goods, andfor services which are not exclusively related to the premise on which the sign is located. 3.2 Address Sign. A sign communication street address only, whether script or in numerical form. 3.3 Alteration. Refers to any major alteration to a sign, but shall not include routine maintenance, painting or change of copy of an existing sign. 3.4 Area Identification Sign. A freestanding sign which identifies the name of a resi- dentia! subdivision consisting of fifty (50) or more lots; a multiple residential complex consisting of twenty (20) or more units or three (3) or more structures; an office, business or industrial structure containing three (3) or more irxlependent concerns; a single business and/or industrial complex consisting of three (3) or more separate structures existing on individual platted lots or as a planned unit development; a mobile home court; or any integrated combination of the above. Said sign steal I be I invited only to the identification of an area or complex and shall not contain the name of individual owners or tenants nor contain advertising. 3.5 Awning. A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded or collapsed against. the face of a support- ing building. 3.6 Banners. Attention getting devices which resemble flags and are of a paper, cloth or plastic-like consistency. 3.7 Bench Signs. A sign which is affixed ro a bench such as at a bus stop. 3.8 Billboard. (See Advertising Sign) 3 3.4 Building Pacade. That portion of any exterior elevation of p building extend- ing from grade to the top of the parapet wall or eaves and the entire width of the building elevation. 3.10 Business Sign. Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premise where such sign is located. t 3.11 Campaign Sign. A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to 6e votes! on at a govern- mental election. 3 12 Canopy Sign. Any message or identification which is affixed to a projection or extension of a building or structure, erected in such a manrier as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. 3.13 Construction Sign. A sign placed at a construction site identifying the project or t e name of the architect, engineer, contractor, financier or other involved parties . 3.14 Directional Sign. A sign erected on public or private property which bears the address and or name of a business, institution, church or other use of activity plus directional arrows or information on location. 3.15 Directory Sign. An exterior informational wall sign which identifies the names of businesses served by a Common Public Entrance in a shopping center. 4 3,16 Flashing Sign. An illuminated sign upon which the attifircial light is not kept constant in terms of intensity or color at all times when the sign is illuminated. 3.17 Freestanding Sign. Any stationary or portable, self-supported sign not affixed to any other structure. 3.18 Governmental Sign. A sign which is erected by a governmental unit for the purpose of identification and directing or guiding of traffic. 3.19 Illuminated Sign. Any sign which is lighted by an artificial light source either directed upon it or illuminated from an interior source. 3.20 Information Sign. Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification. 3.21 Institutional Sign. A sign which identifies the name and other characteristics of a public or semipublic institution on the site where The sign is located. 3.22 Integral Sign, A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminium or other. permanent type of construction and made an integral part of the structure. 3.23 Marquee. See Canopy. 3.24 Monument Sign. A sign whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure. 3.25 Motion Sign. Any sign which revolves, rotates, has any moving parts or gives the illusion of motion. 5 3,26 Non-Profit Organization. A corporation formed under Chapter 3i7 of Minnesota State Statutes and w is is formed for a purpose not involving pecuniary gain to its shareholds, or members and paying no dividends or other pecuniary renumera- tion, directly or indirectly, to its shareholders or members, or a community or civic group such as the Lions Club, League of Women Voters, etc. 3.27 Parapet. A low wall which is located on a roof of a building will be known as a parapet for this Ordinance. 3.28 Portable Sign. A sign so designed as to be movable from one location to another and which is not permanently attached to the ground, sales display device, or structure. 3.29 Pro'ecting Sign. A sign, other than a wall sign, which is affixed to a building and whiff extends perpendicular from the building wall . 3.30 Public Entrance, Any passage or opening which affords entry and access to the general public or customer. 3,31 Public Entrance, Common. A public entrance providing access for the utilization and benefit of two or more tenants or building occupants. 3.32 Public Entrance, Exclusive. A public entrance under the exclusive control and providing access to one tenant or building occupant. 3.33 Real Estate Sign. A business sign placed upon a property advertising that particular property far sale, or for rent or for lease. 3.34 Roof Line. Is defined as the top of the coping; or, when the building has a pitched roof, as the intersection of the outside wall with the roof. 6 3.35 Roof Sign. Any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building. 3.36 Rotating Sign. A sign which revolves or rotates on its axis by mechanical means . 3.37 Rummage Sale. An infrepuent temporary display and sale, by an occupant on his premises, of personal property, including general household rummage, used clothing and appliances. 3.38 Service Entrance. Secondary passage or opening which is intended for loading and unloading and delivery and removal of merchandise or goods and which is not intended as a public entrance. 3.39 Sign. The use of any words, numerals, figures, devices or trade marks by which anything is made known such as are used to show an individual, firm, profession or business arx! are visible to the general public. 3.40 Sign Area. That area with the marginal lines of the surface which bears the advertisement or, in the case of messages, Figures or symbols attached directly to the part'of a building, that area which is included in the smallest rectangle or series of geometric figures which can be made to circumscribe the message, figure or symbol displayed thereon. 3.4i Sign, Maximum Meight of. The vertical distance measured from the grade to the top of such a sign. 3.42 Sign, Minimum Height of. The vertical distance measured from the nearest finished grade to the lower limit of such sign. 3.43 Sign Structure. The supports, uprights, bracing and framework for a sign including the sign area. 3.44 Street Frontage. The proximity of a parcel of land to one or more streets. An interior lot has one (1}street frontage and a corner lot has two (2) frontages. 3.45 Temporary Sign. Any sign which is erected or displayed for a specified period of time. 7 3.d6 Wall Sign. A sign which is affixed to the exterior wall of a building and which is parallel to the building wall . A wall sign does not project more than twelve (12} inches from the surface to which it is attached, nor extend beyond the top of the parapet wall . 3.47 Wall Graphics. A sign which is painted directly on an exterior wall surface. 3.48 Window Sign. A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display. 8 SECTION 4, GENERAL PROVISIONS 4.i No sign permitted by this Ordinance shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be con- strued as traffic controls, such as '$top", "Caution", "Warning", etc. unless such sign is intended to direct traffic on the premises. 4.2 All signs and sign structures shall be properly maintained and shall be kept in a - safe orderly condition. In addition, all parts and supports shall be properly painted. Any sign or sign structure which is rotted, unsafe, deteriorated, defaced or otherwise altered, shall be repainted, repaired or replaced by the licensee, owner or agent of the owner of the property upon which the sign stands, upon written notice of the Building Official or his agent. 4.3 No sign shall be attached to hang from any building until all necessary wall and/or roof attachments have been approved by the Building Official. 4.4 No sign, nor any guys, stay or attachment thereto shall be erected, placed or maintained by any person on rocks, fences or trees nor in such manner as to interfere with any electric light, power, telephone or telegraph wires or the supports thereof. 4.5 When electrical signs are installed, the installation shall be subject to the State's Electrical Code as may be amended. 4.6 No signs other than governmental signs shall be erected or temporarily placed within any street right-of-ways or upon any public lands or easements or right-of-ways, except as specifically provided for in this Ordinance. 4.7 The temporary use of search lights, banners, pennants and similar devices shall require a permit. The permit shall be valid for no more than thirty (30) consecu- tive days. No more than three (3) permits per business proprietor shall be granted during any twelve (12) month period. The permit shall be prominently displayed during the period of validity. Use of portable signs shall be restricted to informa- tion only and may not exceed four (4) square feet (no advertising). 4.8 No part of a sign or sign structure shall be placed closer to any lot I ine than a distance equal to one-half (1/2) the minimum front yard setback line for the district in which the sign is located. 4.9 A person shall not illuminate any advertising device at any time if the advertising device is not located at the place of business being promoted, except for reasonably sized directional devices to aid motorist to find gas, food and .lodging, or os allowed by permit granted by the Administrator. 9 4.10 All signs shall display in a conspicuous manner, the owner's name, permit number and/or registration number and date of erection. 4.11 No sign or sign structure shall be erected or maintained so as to prevent free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. 4.12 Pern~nent window signage shall not exceed twenty-five (25) percent of the total area of the window in which they are displayed. Lettering used in perrr~nent window signage exceeding three and one-half (3 1/2) inches in height shalt be debited agaimt the total number of items of signage permitted on that side of the building. 4.13 .All signs as required by Occupational Safety Hazards Act shall be permitted in all districts. 4.14 If a freestanding sign or sign structure is constructed so that the faces are not back to back, the angle shall not exceed ten (10) degrees. If said 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. 4.15 No sign shall be positioned so that it impacts or is exposed to residential uses or districts along adjoining side and rear yard property lines. 4.16 Except for farm buildings, a minimum of one (1) address sign identifying the correct property number as assigned by Dokota County shall be required on each principal building in all districts. Such sign shall be of sufficient size. to be legible from the nearest street yet shall not exceed three (3) square feet in area. The numbers shall be metal, glass, plastic or durable material and the numbers shall not be less than three and one-half (3 1/2) inches in height, in a contrasting color to the base. The numbers shall be contrasting or made of same reflective material and so placed to be easily seen from the street. 10 SECTION 5. PERMITTED AND PROHIBITED SIGNS 5.1 Permitted Signs. The following signs are allowed without a permit, but shall comply with all other applicable provisions of this Ordinance. 1) Public Signs. Signs of a public, non-commercial nature to include safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like, when signs are erected by or on order of a publ is officer or employee in the par- r formance of official duty. 2) Identification Signs. Signs in all districts which identify the business, owner, manager, resident or set forth the address of the premises where the sign is located and which contain no other material. 3) Directional Signs (On-Site). On-site directional signs, not exceeding four {4) square feet in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are located . 4) Integral 5igm. Names on buildings, date of construction, commerative tablets and the like, which are of a permanent type of construction and which are an integral port of the building or the structure. 5) Political Campaign Signs. Signs or posters announcing the candidate(s) seeking political office and/or political issues and data pertinent thereto shall not exceed eight (8) square feet in AP, RA, R-l, R-2, R-3, R-4, R-S, R-6, R-7, RB and R-MN zoning districts. Every campaign sign must contain the name and address of person(s) responsible for such sign and that person(s) shali be responsible for its removal. These signs shall remain in for no longer than sixty (60) days before and five (5) days after the election for which they are intended. All signs shall be confined to private property. The City shall have the right to remove and destroy unsightly signs or remove signs after the five (5) days limit and assess a Fee of One Dollar (51.00) per sign removed. 6) Holiday Signs. Signs or displays whir{+ contain or depict message pertaining to a national, state or local holiday and no other matter and which are displayed for a period not to exceed sixty (60) days. 7) Construction Signs. Anon-illuminated sign announcing the names of architects, engineers, contractors, or other individuals or firms involved with the con- struction, alteration or repair of a building (but not including any advertise- ment of any product) or announcing the character of the building enterprise or the purpose for which the building is intended. Such signs shall be con- fined to the site of the construction, alteration or repair and shall be re- 11 moved within two {2) years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner. One sign shall be permitted for each major street the project abuts. No sign may exceed thirty-two (32) square feet in the AP, RA, R-1, R-2, R-3, R-4, R-5 and R-b Districts or fifty (50) square feet in the R-7 through I-2 Districts. 8) Individual Property Sale, Lease or Rental Signs. Any on-premise sign announcing the name of the owner, manager, realtor or other person directly involved in the sale or rental of the property or announcing the purpose for which it is being offered. Signs must be removed within ten {10) days after sale or rental of property. Signs may not measure more than twelve {12) square feet in the AP or RA District; not more than four (4) square feet in R-1, R-2, R-3, R-4, R-5 and R-MH Districts; not more than thirty-two (32) square feet in R-6, R-7, RB, B-1, B-2 and B-3 Districts and not more than fifty (50) square feet in the B-4, BW, CBD-C, CBD-I, I-1 or I-2 Districts. A conditional use permit may 6e granted b,~the City Council for signs larger than twelve (12) square feet in the AP and RA District, under this section, if acreage over twenty (20) acres is offered for sale. There shall be only one sign per property. Corner properties, however, may contain two signs; one per frontage. 9) Rummage Sale Signs. Rummage sales may be held and signs displayed there- . fore provided that olI related signs shall be confined to the private property, conform to the applicable provisions of this Ordinance, and be removed at the termination of the sale. 5.2 Prohibited Signs. The following signs are specifically prohibited by this Ordinance. 1) Any sign which obstructs the vision of drivers or pedestrians or detracts From the visibility of any official traffic control device. 2) Any sign which contains or imitates an official traffic sign or signal, except for private, on-premise directional signs. 3) Advertising Signs. Exceptions: a) Signs which advertise non-profit organizations: Said signs shall be limited to the sizes and restrictions imposed within the zoning district in which the use is located. 12 (b) Billboards: Billboards shall conform to the general district and height restrictions as outlined in respective zoning district, except that they may only be located along interstate highways and not exceed three hundred (300) square feet in area. Billboards shall be set back p minimum distance of thirty (30) feet from all property Lines and shall be located a minimum of one thousand (1,000) feet from all other billboards on the same side of the interstate highway. In order to reduce the potential of adverse visual impact upon abutting residential uses, billboards shall be located no closer than one hundred (100) feet from any residentially zoned property and shal I be screened in accord- ance with minimum City standards. All permit applications for bill- boards shall be accompanied with landscaping plan which shall be subject to the approval of the City Buildi-ng Official. All owners of billboards shall be requested to obtain a permit annually to maintain the existence of a billboard. (c) Real Estate Development Project Sign: Areal estate development project sign advertising lots or property for sale, may be located off premises by approval of a permit by the Administrator. Said permit shall be renewable annually and conditioned upon documentation allowing such sign or structure by the property owner upon which it is to be located. Said sign shall conform to the size restriction of signs imposed within the respective district in which the sign is located or a maximum of seventy- five (75) square feet each side. 4) Advertising or business signs on or attached to equipment, such as semi-truck trailers, when the equipment is being used in such a manner, on either a temporary or permanent basis, that signing is a principal use of the equipment. l2A 4) Any sign which moves or rotates. Exempted are time and temperature information signs and barber poles. 5) No sign shall display any moving parts, nor shall it be illuminated with any flashing or intermittent fights, nor shall it be animated. Exempted are time and temperature information. All displays shall be shielded to prevent any light to be directed at oncoming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets. 6) Projecting signs. 7) Roof signs. 8) Any sign which contains or consists of banners, pennants, ribbons, streamers, string of light bulbs, spinners or similar devices. (Except in the case of Section 4.7. ) 9) portable signs (except as allowed in Section 4.7). 10) Signs and/or posters which are tacked on trees, fences, utility poles or other such permanent supports. 11) Signs painted directly on building walls (wall graphics). 12) Signs which advertise an activity, business, product or service no longer produced or condycted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than thirty (30) days from the date of vacancy. 13) Temporary window signs used for the purpose of advertising goods and/or services. 14) Off premise signs except as provided in this Ordinance. 13 SECTION 6. NON-CONFORMING SIGNS 6.1 General Provisions Governing Non-Conforming Signs. 1) Anon-conforming sign may not be: a) Changed to another non-conforming sign. b) Structurally altered except to bring into compliance with the pro- ' visions of this Ordinance. c) Expanded. d) Re-established after its discontinuance for fourteen (14) days. e) Repaired or otherwise rehabilitated, except to bring into compliance after damage of more than fifty (50) percent of sign market value. 2) If any property use or business changes ownership, all signs on that property including any sign identifying a business no longer inexistence, shall be brought into conformance within thirty (30) days. 3) All non-conforming and prohibited signs created by this Ordinance shall be removed or brought into conformity with this Ordinance within the following time periods: a) Prohibited Signs: One (1) year. b) Except as provided in Section 1 .4 and Section 6.2 (4), non-conforming signs: Ten {10) years from the date of the enactment of this Ordinance. 14 4) Non-Conforming Sign Maintenance and Repair. Nothing in this Ordinance shall be construed as relieving the owner or user of a legal non-conforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this Ordinance regarding safety, maintenance, aril repair of signs contained in Section 6.1 of this Ordinance. Provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more non-conforming or the sign shall lose ih legal non-conforming status. s 6 2 Non-Conforming Uses. When the principal use of land is legally non-conforming under t e La evi a Zoning Ordinance, all existing or proposed signs in conjunc- tion with that land, shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. 15 SECTION 7. GENERAL. DISTRICT REGULATIONS 7.1 AP, RA, R-1, R-2, R-3, R-4, R-5, R-6, R-MH Districts 1) Institutional Identification. Only one (1) sign per principal use may be erected on the subject property: a) Freestanding. Not more than thirty-two.(32) square feet nor higher j than eight (8) feet; or b) Wall, Cano or Mar uee. Not more than thirty-two (32} square feet no higher than the top of the parapet wall or eove. 2) Residential A}ea Identification. Only one (1) sign may be erected on the sub~'lect property: a) Freesta ing. Not more than thirty-two (32} square feet nor higher eight ()feet. 3) Business $igna Not including home occupations and only one (1) sign may be erected onjthe subject property: a) Freesia~hding. Not more than thirty-two (32) square feet or higher than eight (8) feet.. 7.2 R-7 and RB Districts'i 1) Institutional Identification. Only one (1) sign per principal use may be erected on the subject property. a} Freestai!iding. Not more than fifty (50) square feet nor higher than eight Ofeet; or b) Wall, ~anopy or Marquee. Not more than fifty (50) square feet nor hig er than the top of the parapet wall or eave. ' 2) Residential Area Identification. Only one (1) sign may be erected on the subject property; a} Freesta ding. NoT more than fifty (50) square feet nor higher than eight ( feet. 3) Single or Double Occupancy Business Structure Identification. The total sign area For the subject property may not exceed ten (10) percent of the front buildingfacade (both front and side facades may be counted when on a corner Idt). Signs chosen to comprise the total sign area shall be consistent wit the following provisions: 16 a} Freestanding. Not more than one (1) sign per subject property. Sign area may not exceed fifty (50) square feet with a maximum height of eight (8) feet. b) Wall, Canopy or Marquee. Not more than one (1) sign per subject property, or two (2) signs (one (1) per building side} where free- standing sign is not utilized. Individual sign area may not exceed ' fifty (50) square feet with the height maximum set at top of parapet or eaves. , 7.3 B-1 and B-2 Districts 1) Area Identification. Only one (1) sign may be erected on the subject property . a) Freestanding. Not more than fifty (50) square feet nor higher than fifteen (15) feet. 2) Institutional. and Single or Double Occupant Business Structure Identification. The tots sign area for the su ject property may not exceed ten (10) percent of the front building facade (both front and side facades maybe counted when on a corner lot). Signs chosen to comprise the total sign area shall be consistent with the following provisions: a) Freestanding. Not more than one (1) sign per subject property. Sign area may not exceed fifty (50) square feet with a maximum height of twenty (20) feet. b) Wall, Canopy or Marquee. Not more than one (1) sign per subject property, or two (2) signs (one (1) per building side} where freestanding sign is not utilized. Individual sign area may not exceed fifty {50) square feet with the height maximum set at top of parapet or eaves. 7.4 B-3 District 1) Area Identification. Only one (1) sign may be erected on the subject property . a) Freestanding. Not more than seventy-five (75) square feet nor higher than twenty (20) feet. 2) Single or Double Occupant Business Structure Identification. The total sign area for the subject property may not exceed fifteen {1 )percent of the front building facade (both front and side facades may be counted when on a corner lot}. Signs chosen to comprise the total sign area shall be consistent with the following provisions: 17 a) Freestanding. Not more than one (1) sign per subject property. Sign area may not exceed fifty (50) square feet with a maximum height of twenty (20) feet. b) Wall, Canopy or Marquee. Not more than one (1) sign per subject property, or two (2) signs (one (1) per building side) where freestanding sign is not utilized. Individual sign area may not exceed sixty-four (64) square feet with the height maximum set at top of parapet or eaves. 7.5 B-4, CBD-C, BW Districts 1) Area Identification. Only one (1) sign may be erected on the subject property. a) Freestoriding. Not more than one hundred (100) square feet nor higher than twenty 20) feet. 2} Single or Double Occupant Business Structure Identification. The total sign area for the subject property may not exceed fifteen 15) percent of the front building facade (both front and side facades may be counted when on a corner lot). Signs chosen to comprise the total sign area shall be consistent with the following provisions: a) Freestanding. Not more than one (1) sign per subject property. Sign area may not exceed one hundred (100) square feet with a maximum height of ten (10) feet. b) Wall, Canop and Marquee.. Not more than one (1) sign per subject property, or two (2 signs (one (1) per building side) where freestanding sign is not utilized. Individual sign area may not exceed one hundred (100) square feet with the height maximum set at top of parapet or eaves . 7.6 CBD-I, I-1, I-2 Districts 1} Area Identification. Only one (1) sign may be erected on the subject property. a) Freestanding. Not more than one hundred (100) square feet nor higher than ten (10) feet. 2) Single or Double Occupancy Business Structure Identification. The total sign area for the subject property may not exceed fifteen (15) percent of the front building facade (both front and side facades may be counted when on a corner lot). Signs chosen to comprise the total sign area shall ' be consistent with the following provisions: 18 a) Freestanding. Not more than one {1) sign per subject property. Sign area may not exceed one hundred {100) square feet with a maximum height of ten (10) feet. 6) Wall, Canop and Mar uee. Not more than one (1) sign per subject property, or two (2 signs (one (1) per building side) where freestanding sign is not utilized. Individual sign area may not exceed one hundred , (100) square feet with the height maximum set at top of parapet or eaves. 7.7 ICD District ' 1) Area Identification. Only one (1) sign may be erected on the subject property. p) Freestanding. No more than two hundred (200) square feet nor higher than thirty (30) feet. 2} Single and Double Occu anc Business Structure Identification. The total sign prep for the subject property may not exceed fifteen {15 percent of the front building facade (both front and side facades may be counted when on a corner lot). Signs chosen to comprise the total sign area shall be consistent with the following provisions: a) Freestanding. Not more than one (1) sign per subject property. Sign area may not exceed one hundred-fifty (150) square feet with a maximum height of thirty (30) feet. b) Wall, Canopy and Mar uee. Not more than ane (1) sign per subject property, or two (2) signs one (1) per building side) where a free- standing sign is not utilized. Individual signs may not exceed one hundred-fifty (150) square feet with the height maximum set at the top of the parapet or eaves. 7.8 "PUD" Planned Unit Development District. In a Planned Unit Development District signing restrictiorss shall be based upon the individual uses and structures contained in the complex. Signs shall be in compliance with the restrictions applied in the most restrictive zoning district in which the use is allowed. 19 SECTION 8. SPECIAL DISTRICT REGULATIONS 8.1 Motor Fuel Station. Signs for motor fuel stations shall be regulated by the single occupancy business structure sign provisions for the zoning district in which the station is located. In addition, motor fuel stations may also display signs which identify current fuel prices and car wash facilities. Except as provided for in the tCD District, said signs shall be limited to a maximum of sixteen (16) square feet each arxi shall be limited to a maximum height of ten (10) feet. 3 8.2 Wall, Canopy or Marquee Signs in the B-1, B-2, B-3, B-4 CBD-C, CBD-!, BW, I-1 and I-2 Zoning Districts. In cases where no freestanding signs are utilized and w ere principal structures have a front yard setback in excess of that which is required under the applicable zoning district regulations, the maximum property signage percentage limitation or maximum square feet restriction may be increased one (1) percent for every five (5) feet of additional setback beyond the zoning district front yard setback requirement. This increase shall be limited to a twenty- five (25) percent maximum and shall be applied only to signs located in the yard for which the calculation was made. 8.3 Multiple Occupancy Business and Industrial Structures. When a single principal building is devoted to four (4) or more businesses, or industrial uses, a compre- hensive sign plan for the entire structure shall be submitted and shall be of sutticient scope and detail to permit a determination as to whether or not the plan is con- sistent with the following regulations. Said plan shall be subject to the review of the Planning Commission and the approval of the City Council. No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. The effect of said comprehensive sign plan is to allow arcl require the owner of a multiple occupancy structure to determine the specific individual sign requirements for the tenants of his structure. As sign locations and size, etc., may be of significant importance in leose arrangements between owner and.tenant, it is the City's intention to establish general requirements for the overall structure only, thus providing the building owner with both the flexibility and responsibility to negotiate with his individual tenants on their specific sign needs. 1) The maximum individual sign sizes for multiple occupancy structures and ` individual uses which may display signs shall nat exceed the maximum pro- . visions for single or double occupancy structures in the same zoning district. The bonus provided in Section 8.3 shall not apply in calculating maximum sign size. 20 2) Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions in Section 7 of this Ordinance. Individual freestanding signs identifying the tenants' business shall not be displayed. 3) Except as provided in paragraph 4 below, individual tenants of multiple occupancy structures shall not display separate business signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per entrance and each sign shall be limited to the maximum wall size sign permitted in the district. Said signs shall be located only on exterior walls which are directly related to the use being identified. 4) In any multiple occupancy structure qualifying as a shopping center, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of fifty (50) square feet aril shall be located within fifty (50) feet of the common public entrance being served. The size of individual business identification signing within the directory shall be resolved during the site plan review process. Attention shall be given to the possible number of tenant or occupant bays which may be served by the common public entrance for which the directory sign is intended. 8.4 Regional Shopping Centers arxi Industrial Parks Containing More than Forty (40) Acres of Land. Where shopping center facilities or industrial parks cover more than forty (40) acres of land, two (2) area identification signs may be displayed in accordance with the maximum sign size provisions per area identification sign of the applicable zoning district. Additional signs may be displayed subject to approval of a Co~xlitional Use Pern-,it by the City Council. g,5 Freeway Area Directional Signs. Within the ICD District, directional signs indicating business identification and access routing may be allowed by a permit approved by the Administrator. Said permits shall be renewable annually. Such signs shall be in compliance with the maximum sign size provisions of the District. 21 SECTION 9. CONSTRUCTION STANDARDS 9.1 The design and construction standards as set forth in Chapter 4, of the 1973 Edition of the Uniform Sign Code as may be amended, are hereby adopted. SECTION 10. MAINTENANCE AND INSPECTION 10.1 Maintenance. All signs, together with all of their supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at a!I times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition and free and clear of all obnoxious substances, rubbish, and weeds. Notice shall be given to the Administrator of any change in sign user, sign owner or owner of the property on which the sign is located. 10.2 Inspection. All signs for which a permit is required shall be subject to inspec- tio~ the Administrator. The Administrator, or his designated agent are hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Ordinance are being obeyed. Such entrance shall be made during business hours unless an emergency exists. The Administrator may order the removal of any sign that is not maintained in accordance with the main- tenance provisions of this Ordinance. SECTION 11 . APPLICATION, PERMIT AND VARIANCE PROCEDURES 11 .1 Sign Application -The following information for a sign permit must be supplied by an applicant: 1) Name, address and telephone number of person making application. 2) Name, address and telephone number of person owning sign. 3) A site plan to scale showing the location of lot lines, building, structures, parking areas, existing and proposed signs and any other physical features. 4) Plans, location and specifications and method of construction and attach- ment to the buildings or placement method in the ground. 5) Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. 22 6} Written consent of the owner or lessee of any site on which the sign is to be erected . 7) Any electrical permit required and issued for said sign. 8) Proof of contract purchase price. 9) Such other information as the Administrator shall require 'to show full compliance with this and all other laws and ordinances of the, City. The Administrator may waive 4) and 5) above. 11.2 Permit Issued if Application in Order. It shall be the duty of the Administrator upon the filing of an application for a permit to examine such plans, specifica- tions and other data and the premises upon which it is proposed to erect the sign, If it shall appear that the proposed structure is in compliance with all the re- quirements of this Sign Ordinance and all other laws and ordinances of the City of Lakeville, the permit shall then be issued. If the work authorized under a permit has not been completed within sixty (60) days after the date of issuance, the permit shall be null and void. 11 .3 Variances. To provide additional flexibility in the enforcement of this Ordinance and to alleviate hardship and injustice, the City Council may, upon application, grant a variation From the terms of this Ordinance. Upon applica- tion, therefore, from the person seeking a permit for the erection or irutallation of a sign, the request for variance shall be processed in accordance with the procedural requirements of the Lakeville Zoning Ordinance, as may be amended. Additionally, the City Council shall make a finding of fact that an undue hardship or injustice exists if a variance were not granted and therefore, may grant such variations based upon consideration of the following: 1) That particular physical surroundings, shape or topographical conditions of the specific parcel of land involved. 2) That the cotxlition involved is unique to the particular parcel of land involved aril not a common situation of property in the City. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the business involved. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel . 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 23 8) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or interfere with the function of the police and fire departments of the City. 11.4 Fees. Fees for the review and processing of sign permit applications and variance requests shall be charged in accordance with the fee schedule restablished by City Council resolution. t~ SECTION 12. ENFORCEMENT AND PENALTIES 12.1 This Ordinance shall be administered and enforced by the City Administrator who is appointed by the City Council. The City Administrator may institute in the name of the City of Lakeville any appropriate actions or proceedings against a violator as provided by statute, charter or ordinance. 12.2 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this Ordinance shall, upon conviction thereof, be fined or penalized not more than the maximum levels established by the State of Minnesota for misdemeanors offenses. SECTION 13. EFFECT This Ordinance shall take effect and be in force from and after its passage and publication according to law. Adopted 6y the City Council of the City of Lakeville, this 20th day of October , 1980. on E . Lekson, May ATTEST: Patric E. M arvey, ity Admi razor 24 ,dirloy,getated,to ilea, x a cen eel ter, directory Shall be p rhig for each common.. Gisfdethheeait�Illeilarne, d nTtrhaencievF•ecdbuonirg eiicftttayhe r 5sS0iiitgesnqauplraeraenot•ete d�tedwthinfifty501 eholmonpuic entra,ncbeiosg ndividuthe dirvetrynation rFs tendon shailbegiven to the possible nwn ttenant br occupant bays Which (nab - by the common; iic e -f ';.± ch directory . use centsrs'In"Stria ie Fairy i40) Acrss of ter facilities or m-, re than ,foty too); areayidentification' o accordance with; provision Tier area on n f iicab1e zoni ' ,gip ng • Addllitalafsigtyf maybe displayed subject t 'ap a ovattof ag'ondstionaI Use Per mi .t by Y' kg/ $ 5 "Ass styes. Withuttie 1CD j is x1directtopsai:signs indicating: business identification and access. routing: aY-beallowedbyapermitapprovedby the'' Adssth, istrgtor'x Said-ipermits- shall`:. be e ole tlnually, Sucp:signs shall be in inpllancewith 4he ma ' mum sign size pro= si iIstr• tct EGTiONSCTISN, STAN- DARDS s =y1' i 1 The desi ria construction standards asSet forth I per" Ater 4, of the 1973 Edition!' otthe Uniform Sign Code as -may be amend'. ;ed, are hereby adopted.t ION Ie. ;MAINTENANCE• AND IN value . epotentlaiThat o'the t4)invoive •,;,caused by this OrdinarricuitY or h•arcishi is AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SS County of Dakota ) JOSEPH R. CLAY and DANIEL H. CLAY, being duly sworn, on oath say they are and during all the times herein stated have been the publishers and printers of the news- paper known as Dakota County Tribune and have full knowledge of the facts herein stated as follows: Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. Said newspaper is a weekly and is distributed at least once each week. Said newspaper has 50 per cent of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publica- tion and is not made up entirely of patents, plate matter and advertisements. Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 per cent of its total circulation currently paid or no more than three months in *arrears and has entry as second-class matter in its local post -office. Said newspaper purports to serve the Cities in the County of Dakota and it has its known offices of issue in the Cities of Farmington, Rosemount, Burnsville, Apple Valley, and Lakeville established and open during its regular business hours for the gathering of news, sale of advertise- ments and sale of subscriptions and maintained by the managing officer of said news- paper or persons in it's employ and subject to their direction and control during all such regular business hours and at which said newspoper is printed. Said newspaper files a copy of each issue immediately with the State Historical Society. Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affi- iavit in the form prescribed by the Secretary of State and signed by the managing afficer of said newspaper and sworn to before a notary public stating that the news- ; : created bynthe ersons.Presenlntln°tb +`paper is a legal newspoper. 5t merest in theparcel _y Y habee , at th 81ntaI 'o t ,;nation wilt They further state on oath that the printed o enkal to ttlnblic welfare or t e the neigF land orirn, provements in I Tit the itt'o?Osed variation wql not im {fi inane uatgs�pplyoflight and airto! hereto attached as a part hereof was cut from Properly ad crease the congestionF. or .eubstantialty in- ,ardf de with he function theof i tolice.1 r4 wlth'ihp i' 114 � partmente of,the Cit police I ing .4sign hasp mo review and Process requests Mall be char$ed iapplications o dance c tconned he fee schedule reestablished: by the City SECTION S1 oPENFORCEMENT AND 1'121.Thts,Ordinance shall ° is and �o� by the City Administrator be i who appointed by the City Concil. ThCity ' Administrator may he City of Y institute to the name E ii YLakeville any appropriate actions r proceedings against a 11 ed, by statute, charter or orrddinances Proved 12.2 Any person firm or violates, disobeys, omits neglects o' a who 'to comply with, or resists a he enfo or nems o 1 li any � f the conviction of this Ordinance shall,{I� ed not tan_' themaximumfined be or penal' i s r'. established bY. the State ofd > es levels misdemeanors offenses. , Ms ata for N 13.. EFFECT ` e' This Ordinance shall take effect and be lngnPassageandpuiainhon fume. ccordito lawl Lakevillej his he Citcta, o unctI o the. -City of Y October; 1980 ` GORDON E. LEKSON ATTEST Mayor ,)PATRICK E.' McGARVEy . (iY Admtmatrator ce L,c(riz_ the columns of said newspaper, and was printed and published therein in the English language, once eeeir-week- for _ _ ._ ; that it was first so published on Thursday, the c`J 4\ day of C C^r�J� 19 St and was thereafter printed and published on every Thursday to and including Thursday the — day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby ac- knowledged as being the size and kind of type used in the composition and publication of said notice, to wit; abcdefghijkl_mnopgrstuvwxYz Subscribed and ,, • efo me this ww;,, CAROL J. HAVERLAND !1J �,..4tt NOTARY Pl1GLIC - MINNESOTA DAKOTA COUNTY My Commission Expires Dec. 3.1932