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HomeMy WebLinkAbout0088 4 Y> 'a 4. 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNEOSOTA ORDINANCE NO. ~ p AN ORDINANCE AMENDING ORDINANCE NO. 42 OF THE CITY OF LAKEVILLE, BEING THE ZONING ORDINANCE OF THE CITY OF LAKEVILLE. The City Council of the City of Lakeville does ordain: Section 1. That Ordinance No. 42 of the City be amended by amending Section 25.7, Signs, to read as follows: 25.7 SIGNS This Ordinance. is established to protect and promote health, safety, general welfare and order within the City of Lakeville through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the type, numbers, size, structure, location, height, lighting, erection, use and/or display of devices, signs or symbols serving as a visual communication media to persons situated within or upon public right~of-ways or properties. The provisions of this Ordinance are intended to encourage opportunity for effective, orderly communication by reducing confusion and hazards resulting from unnecessary and/or indis- criminate use of communication facilities. (1) Definitions a. Advertising Signs: A billboard, poster panel board, painted bulletin board, or other communicative device which is used to advertise products, goods, and/or services which are not exclusively related to the premise on which the sign is located. b. Address Sign: A sign communicating street address only, whether written or in numerical form. c. Area Identification Sign: A free standing sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three (3) or more structures, a shopping center con- sisting of five (5) or more separate business concerns, an industrial area, an office complex consisting of three (3) or more structures or any combination of the above, located on contiguous property. d. Banners and Pennants: Attention getting devices which resemble flags and are of a paper, cloth or plastic-like consistency. e. Bench Signs: A sign which is affixed to a bench such as at a bus stop. f. Billboard: Any advertising sign having an area of more than 200 square feet. g. Business: Any establishment, occupation, employment or enterprise where merchandise is manufactured, ex- hibited or sold, or where services are offered for compensation. h. Business Sign: Any sign which identifies a business or group o 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. i. Cano and Mar uee Si ns: Any message or identification w ich is affixed to projection or extension of a building or structure, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building, or place of assembly. j. Construction Sign: Anon-illuminated sign announcing the names of architects, engineers, contractors, or other individuals or firms involved with the construction, al- teration, or repair of a building (but not including any advertisement of any product) or announcing the character of the building enterprise, or the purpose for which the building is intended. k. District: Refers to a specific zoning district as de- fine in Section 3 of this Ordinance. 1. Dwelling: A building or portion thereof, designed exclu- sively for residential occupancy, including one-family, two-family, and multiple family dwellings, but not includ- ing hotels, motels, and boarding houses. m. Flashing Sign: An illuminated sign upon which the arti- ficial light is'`not kept constant in terms of intensity or color at all times when the sign is illuminated. n. Governmental Sign: A sign. which is erected by a govern- mental unit for the purpose of identification and direct- . ing or guiding traffic. o. Holiday Signs: Signs or displays which. contain or_depict a message pertaining to a national or state holiday, and no other matter. p. Identification Signs: Signs in all districts which identify the business or owner, or manager or resident and set forth the address of the premises where the. sign is located and which contain no other material. q. Illuminated Sign: Any sign which is lighted by an artificial light source either directed upon it or illuminated from an interior source. r. Individual Property Sale 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. s. Informational/Directional Sign: Any sign giving infor- oration to employees, visitors, or delivery vehicles, but containing no advertising. May include name of business but must predominately represent a directional or infor- mational message. -2- t. Institutional Sign: A sign or bulletin board which ident fies the name and other characteristics of a public, semi-public, or private institution on the. site where the sign is located. Institutions shall include churches, hospitals, nursing homes, schools, and. other non-profit and charitable organizations. u. Integral Signs: Names of buildings, date of construe- tion, commemorative tablets and the like, which are of a permanent type of construction and which are an integral part of the building or the structure. v. Motion n Sign; Any sign which revolves, rotates, has any moving parts,-or gives the illusion of motion. w. Name Plate: A sign indicating the name and address of a bull g or the name of an occupant thereof and the practice of a permitted occupation therein. x. Major Street: Class l and 2 arterials. y. Non-Conforming Signs: 1. Legal - A sign which lawfully existed at the time of the passage of this Ordinance or amend- ment thereto but which does not conform with the regulations of this Ordinance, is legal. 2. Illegal - A sign which was constructed after the passage of this Ordinance or amendments thereto and does not conform with the regulations of this Ordinance is illegal. Parapet: A low wall which is located perpendicular to (extension of front wall) a roof of a building. aa. Political Campaign Signs: Signs or posters announcing , the candidate{s) seeking political office and/or political office and/or political issues, and data pertinent thereto. bb. 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. cc. Projectin Si n: A sign, other than a wall sign, which is a- ixe to a building and which extends perpendicular from the building wall.. dd. Public Sign: Signs of a public, non-commercial nature, to in-'- elude 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 public officer or employee in the performance of official duty. ee. Real Estate Sign: A business sign placed upon a property advertising that particular property for sale,,for rent, for lease, or sold. ff. Real Estate Development Sign: A business sign placed on premises of a subdivis- io or other real estate development. gg. 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. _g_ hh. Sign: The use of any words, numerals, figures, devices, or trademarks by which anything is made known such as are used to show an individual, firm, profession, or business, and are visible to the general public. ii. Sign Area: That area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures or symbols attached directly to the part of a building, which is included in the small- est geometric figure which can be made to circumscribe the message. figure or symbol displayed thereon. jj. Sign Structure: The supports, foundations, uprights, bracing and framework for a sign, including the sign area. kk. Shopping Center:. An integrated grouping of commercial stores, under single ownership or control. 11. 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. mm. Temporary Sign: Any sign which is erected or displayed for a specified period of time. nn. Wall Si n: A sign which is affixed to the exterior wall oding. A wall sign does not project more than eighteen (18) inches from the surface to which it is attached, nor extend beyond top of parapet wall. oo. Wall Graphics: A sign which is painted directly on an exterior wall surface. pp. Wall Letters: A sign composed of individual letters which are attached separately on a wall surface. (2) Permitted and Prohibited Signs a. Permitted Si ns: The following signs are allowed with- . out a permit, ut shall comply with all other applicable provisions of this Ordinance: 1. Public signs. 2. Identification Signs: There may be one per premise, not to exceed two (2) square feet in area. If the sign is free-standing, the total height may not ex- ceed five (5) feet. 3, Integral signs. 4. Political Campaign Signs: Shall not exceed four (4) square feet in all "R" zoning districts, or twelve (12) square feet in all other zoning districts. Every campaign sign must contain the name and address of persons responsible for such sign, and that person shall be responsible for its removal. Signs erected before the primary election shall remain in place for no longer than five (5) days after the general or spe- cial election for which they are intended. The City shall have the right to remove and destroy unsightly signs or remove signs after the five (5) day limit and assess a fee of $1.00 per sign. -4- 5. Holiday .Signs: Displayed for a period not to exceed thirty (30} days. 6. Construction Signs; Such signs shall be confined to the site of the construction, alteration, or repair, and shall be removed within two (2) years of the .date. of issuance of the first building permit or when the particular project is completed, which- ever is sooner as determined by the City Building .Inspector or his agent. One sign shall be permitted for each major street the project abuts. No sign may exceed fifty (50) square feet. 7. Individual Property Sale or Rental Signs: Signs must be removed within fourteen (14) days after sale or rental of property. Signs may not measure more than four (4) square feet in "R" districts, nor more than twenty (20) square feet in all other dis- tricts. There shall be only one (1) sign per premises. Corner properties, however, may contain two (2) signs, one (1) per frontage. 8. Informational/Directional Signs: Shall not be larger than ten (10) square feet and shall conform to the location provisions of the specific district. b. 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 direc- tional signs. 3. Any sign which moves or rotates. Exempted are time and. temperature information and barber poles. 4. Any sign which contains or consists of banners, pen- nants, ribbons, streamers, strings of light bulbs, spinners, or similar devices (except in case of paragraph (3)d). 5. Portable signs (except in case of paragraph (3)d). 6. Signs which are attached in any manner to trees, fences, utility poles, or other such permanent sup- ports, except for those signs found on fences (inside) of baseball parks. 7. Advertising signs (exceptions: bus benches or signs which advertise non-profit organizations and bill- boards). 8. No sign shall display any moving parts, nor shall it be illuminated with any flashing or intermittent lights, nor shall it be animated. Exempted are time and temperature information and barber poles. 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. -5- 9. Roof signs. (3) General Provisions a. All signs shall comply with maintenance Section 5-305 of the 1970 edition of Volume V of .the Uniform Building Code as promulgated by the International-Conference of Building Officials. b. When electrical signs are installed, the installation shall be subject to the City's Electrical Code. c. No signs other than governmental signs shall be erected or temporarily placed within any street right-of-way or upon any public lands or easements or right-of-ways. d. The temporary use of searchlights, banners, pennants, and similar devices shall require a permit. The permit shall be valid for seven (7j consecutive days. The permit shall be prominently displayed during the period of validity. Use of portable signs shall be restricted. to information only and may not exceed four (4) square feet (no advertising). e. No sign or sign structure shall protrude over public right-of-way, except wall (maximum protrusion - 18 inches}, canopy, and marquee signs. All signs located over public right-of-way or over any public or private access route (sidewalks, etc.) shall be located a minimum of eight (8) feet above surface grade. f. Advertising signs may not be illuminated between the hours of midnight and 6:00 a.m. g. All signs shall display, in a conspicuous manner, the owner's name, permit number, and'date of erection. h. All height restrictions on signs shall include height of sign structure and be measured from lot grade. i. In any district, any portion of any sign exceeding two (2) square feet shall be set back fifteen (15) feet from any street right-of-way line and ten (10) feet from any residential (zoned) property. line. j. Any sign-now or hereafter existing which no longer ad- vertises or identifies a bona fide business conducted, or a service rendered, or,a product sold, shall be re- movedby the owner, agent, or person having the beneficial use and/or control of the building or structure upon which the sign may be found within ten (10) days after written notice from the Building Official. (4) Non-Conforming Signs a. The following are non-conforming signs: 1. Off-premise signs (exceptions: signs located inside ball parks and on bus benches and billboards). 2. Prohibited signs. 3. All other signs not prohibited that. do not conform to the provisions of this Ordinance. _6_ b. All prohibited signs, except prohibited advertising signs, shall be removed or brought into conformity with this Ordinance within thirty (30) days after notification in writing. c. Except as specifically provided in Section (4)b of this Ordinance, any non-conforming sign lawfully existing. upon the effective date of this Ordinance may be continued at the size and in the manner existing upon such date. d. Anon-conforming sign may not be: 1. Changed to another non-conforming sign. 2. Structurally altered except to bring into compliance with the provisions of this Ordinance. 3. Expanded. 4. Re-established after its removal for thirty (30) days. 5. Re-established after damage of more than fifty (SOg) percent. of sign replacement cost except to bring into compliance. (5) District Regulations The following sections concern signs which require applica- tion and permit. a. Signs in the "R" District: Within the "R" District, signs are subject to the following size and type regula- tions: 1. Institutional or area identification signs, provided that the gross square footage of sign area does not exceed eighteen (18) square feet and if the sign is freestanding, the height does not exceed eight (8) feet.. b. $1CJn$ln -the"B" and'"I'" Districts: Within all "B" and. 'I' Districts, signs are subject to the following size and type regulations: 1. Within the "B-1" District, the maximum allowable square footage of sign area per lot shall not exceed the sum of one (1) square foot per front foot of the .building plus one (1) square foot for each front foot of lot not occupied by a building, up to .one hundred (100) square feet. Each lot will be allowed one (1) pylom or freestanding sign and one (1) wall sign or two (2 wall signs total.. 2. Wlthln the °B-2°, °B-3n, riB_4n~ nB_rJn, "I-lA", "I-1B", and "I-2" Districts, there. shall be two (2) options for permitted signs'. The property owner shall select one option which shall control sign size on each lot. (a) Option A: Under Option A, only wall signs shall be allowed. The maximum number of signs on any principal building shall be -7- two (2) and in all cases each sign shall be placed on a separate wall (frontage), The maximum size of wall. signs under Option A shall be determined by taking twenty (20~) percent of the gross silhouette area of the front of the building, up to three hundred (300) square feet. Where the principal building is on a corner lot and thus faces two (2) public streets, the size of each sign may be determined in the manner described above, If however, the building has only one (1) frontage and the owner elects to erect two (2) signs, the total square footage of both signs may not exceed the maximum allow- able square footage determined from the front building silhouette. For purposes of determining the gross area of the. silhouette of the principal building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the front lot line or from the re- lated public street(s). (b) Option B: Under Option B either wall signs or .pylon signs may be utilized, or a combination of both.. In no case, however, shall more than one (1) pylon sign or combination of two (2) signs, be displayed. The maximum allowable sign area for any wall sign shall be determined by taking ten (108) percent of the gross silhouette area of the front of the building, up to one hundred (100) square feet. The method for determining the gross silhouette area for wall signs is as indicated under Option A. (c) Conditional Uses: In the case of a shopping center where there are two (2) or more business uses, a Conditional Use Permit shall be granted to the entire shopping center in accordance with an overall site plan indicating their size, lo- cation and height of all signs presented to the Planning Commission. A maximum of five (5~) percent of the gross area of the front silhouette shall apply to the principal building where the aggregate allowable sign area is equitably dis- tributed amongst the several businesses. In the case of applying this conditiorial use permit to a shopping center, the shopping center may have one (1) pylon or freestanding sign identifying the shopping center which is in conformance with this Ordinance. For purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the front lot line or from the re- lated public street(s). (d) .Pylon sign: The erection of one (1) pylon sign for any single lot is allowed under the follow- ing provisions: i. Location: No pylon sign shall be located in a required yard area. In the case of a -8- corner lot, both sides fronting on a public right-of-way shall be deemed the front. ii. Parking Areas, Driveways: No part of the pylon signs shall be less than five (5) feet from any driveway or parking area. iii. Area, Height Regulations: Area Height Road Classification Speed (Sq. Ft.) (Feet) Collector 30 25 16 35 50 20 45 100 24 .Major Thoroughfares 30 50 18 35 100 22 45 150 26 Freeways and Expressways 55 200 30 iv. Definitions: Definitions of road classifica- tion apply as defined by the official Compre- hensive Plan as adopted. v. Application: The level at which the sign control system applies is determined by the type of road, as defined above, which directly abuts the subject property. In the case of subject property directly abutting more than one (1) road, each desig- nated by a different road classification type, the less restrictive classification shall apply in determining sign area and height. Actual sign height is determined from lot grade or averaged with the grade of the road from which the sign gains its principal expo- sure. Area as determined by the above formula applies to one (1) face of a two-faced pylon sign, or two (2) faces of a four-faced sign, etc. 3. Billboards: Billboards shall conform to the general district and height restrictions as outlined in Sec- . tion 25.7(5)b.2 of this Ordinance except that they may only be located along expressways and not exceed three hundred (300) square feet in area. Billboards shall be set back a 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 freeway. 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 resi- dentially zoned property and shall be screened in accordance with minimum City standards. All permit applications for billboards shall be accompanied with landscaping plan which shall be subject to the approval of the City Building Inspector. _g_ (6j Fees and Licenses a. Fees: 1. Payment Fees: The permit fee and other fees and charges set forth in this Ordinance shall be collected by the City before the issuance of any permits and the City Clerk, Building Inspector, or other persons duly authorized to issue such permit for which the payment of a fee is required under the provisions of this Ordinance may not issue a permit until such fee shall have been paid. 2. Double Fees: If a person begins work of any kind for which a permit from the City is .required, with- out having secured the necessary permits therefore, either previous to or on the date of commencement of such work, he shall, when .subsequently securing such permit, pay double the fee provided for such permit, or is subject to the penalty provisions of this .Ordinance. 3. Fees Required: Sign applications and subsequent fees will be required for all signs which do not appear in paragraph (2) (Permitted and Prohibited Signs). Fees shall not be required for repairs of signs and sign structures. 4. Initial Fee: The City Council shall from time to time by Resolution establish a fee schedule. 5. Special Permit Fees: Special permit fees shall be assessed for all attention seeking devices as des- cribed in paragraph {3) of this Ordinance. The fee shall be determined by Resolution of the City Council. b. Annual Si n Hangers Licenses: All sign hangers engaging in t e usiness o erecting, constructing, enlarging, alteration, repair, moving, removing, demolishing, or equipping a sign shall be required to be licensed annually. Fees for sign hangers licenses shall be as provided in the Lakeville City Ordinance. Section 2. This Ordinance shall be effective upon its passage, approval and publication. Approved this 3rd day of November, 1975. CITY OF LAKEVI BY• •E war Mako, Mayor ATTyEST: c~ ~ '~9 ~~~~~j5--~.-.~~. /wed-i~-R~/~~'3~-L Marceline Hemstrom, Clem -10- lc Notice CITY OFtAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 88 _ AN ORDINANCE AMENDING ORDINANCE NO. 42 OF THE CITY OF LAKEVILLE, BEING THE ZONING ORDINANCE OF THE CITY OF LAKEVILLE. The City Council of the City of Lakeville does ordain: Section 1. That Ordinance No. 42 of the City be amended by amending Section 25.7, Signs, to read as follows: 25.7 SIGNS This Ordinance is established to protect and promote health, safety,general welfare and order within the City of Lakeville through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the type, numbers, size, structure, location, height, lighting, erection, use and/ or display of devices, signs or symbols serving as a visual communication media to persons situated within or upon public right-of-ways or properties. The provisions of this Ordinance are in- tended to encourage opportunity for effective, orderly communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate use of communication facilities. (1) Definitions a. Advertising Signs: A billboard, poster panel board, painted bulletin board, or other communicative device which is used to • advertise products, goods, and/or services which are not exclusively related to the pre- mise on which the sign Is located b. Address Sign: A sign communicating street address only. whether written or in numerical form. c. Area Identification Sign: A free standing sign which identifies the name of a neighbor- hood, a residential subdivision, a multiple residential complex consisting of three (3) to or more structures, a shopping center con- b sisting of five (5) or more separate business concerns, an industrial area, an office com- 1 plex consisting of three (3) or more t structures or any combination of the above, fi located on contiguous property. d. Banners and Pennants: Attention get- ting devices which resemble flags and are t of a paper, cloth or plastic -like consistency -*um/ 111Aayn- or amendment thereto but which does not conform with the regulations of this Ordi- ance, is legal. 1 oath says he is and during all times 2. Illegal - A sign which was constructedprinter of the newspaper known as THE after the passage of this Ordinance or amend- e of the facts herein stated as follows: ments thereto and does not conform with thelish language in newspaper format and regulations of this Ordinance is illegal. anted space to at least 900 square inches. z. Parapet: A low wall which is located per distributed at least once each week. pendicular to (extension' of front wall) a rootolumn devoted to news of local interest of a building. erve and does not wholly duplicate any aa. Political Campaign Signs: Signs or posirely of patents, plate matter and adver- ters announcing the candidate(s) seeking polled in and near the municipality which it tical office and/or political office and/oi copies regularly delivered to paying political issues, and data pertinent thereto. copies of its total circulation currently paid or. bb. Portable Sign: A sign so designed and has entry as second class -matter in to be movable from one location to anotheiPurports to serve the Village of Lakeville and which is not'permanently attached tion office of issue in the City of Lakeville in the ground, sales display device, or structure1 its regular business hours for the gather - cc. Projecting Sign: A sign, other than sale of subscriptions and maintained by wall sign, which is affixed to a building and subject to hs direction and control dur- which extends perpendicular from, the buildnd at which said newspaper is printed. ing wall. of each issue immediately with the dd. Public Sign: Signs of a public, nol>,ped ng the dayaper has sed with or datesll ofhe publi publication commercial nature, to include safety signs has filed with the Secretary of State of danger signs, trespassing signs, traffic signsl each January 1 thereafter an affidavit in signs indicating scenic or historical points' tate and signed by publisher of said news - interest, memorial plaques, and the likeotary public stating that the news - when signs are erected by or on order of wspaper was on May 20, 1965 qualified as a public officer or employee in the performancon and has continually thereafter met the of official duty. ee. Real Estate Sign: A business sigi ' 'n placed . upon a property advertising thanted (. 't �t_ ,� t particular property for sale, for rent, for lease or sold. apart hereof was cut from the columns of ff. Real Estate Development Sign: A busiPublished therein in the English language, ness sign placed on premises of a subdivi) successive ,weeks that was first so ,19 7 sion or other real estate development. gg. Roof Line: Is defined as the top of th-day of coping; or, when the building has a pitche roof, as the intersection of the outside wa ,19 and that with the roof. hh. Sign: The use of any words, numeralhed on every Wednesday to and in - figures, devices, or trademarks by whic , 19 and anything is made known such as are use show an individual, firm, profession, Sy of the lower case alphabet fromA to Z. usiness, and are visible to the general publi4wledged as being the size and kind of type ii. Sign Area: That area within the margin publication of said notice, to - wit: fines created by the sign surface which message publication he advertisement or, in the case of gures or symbols attached directly to tl parte a building, which is included can in. tl a4,---1-4-liZa / smallest geometric figure which can be mai o circumscribe the message, figure or symby / displayed thereon. / jj. Sign Structure: The supports, found tions, uprights, bracing and framework for sign, including the sign area. me this day of kk. Shopping Center: An integrated groti ing of commercial stores, under single owne ship or control. e. Bench Signs: A sign which is affixed to a bench such as at a bus stop. f. Billboard: Any advertising sign having an area of more than 200 square feet. g. - Business: Any establishment, occupa- tion, employment or enterprise where mer- chandise is manufactured, exhibited or sold, or where services are offered for compensa- tion. h. Business Sign: Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identi- fies a profession or is used in the identifi- cation or promotion of any principal commo- dity or service, including entertainment, offered or sold upon the premise where such sign islocated. i. Canopy and Marquee Signs: Any mes- sage or identification which is affixed to pro • n 11. Street Frontage: The proximity of a pa e";" g- - cel of land to one or more streets. An interi 'NOTARY Public, Dakota County. Mn. lot has one (1) street frontage and a corn lot has two (2) frontages. mm. Temporary Sign: Any sign which is e ected or displayed for a specified period time. nn. Wall Sign: A sign which is affixed the exterior wall of a building. A wall does not project more than eighteen (1 inches from the surface to which it is attache nor extend beyond top of parapet wall. oo. Wall Graphics: A sign which is paint directly on ,191`�— -- arig,agfio±.Walr cnrfarp. 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