Loading...
Ordinance 036a 0 40 0 0 VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 36 AN ORDINANCE REGULATING AND PROVIDING FOR THE LICENSING OF SIGNS. The Village Council of the Village of Chanhassen ordains: SECTION 1. PURPOSE AND INTENT. The purpose of this Ordinance is to protect and promote the general welfare, health, safety, and order within the Village of Chanhassen through the establishment of a comprehensive series of standards, regulations, and procedures governing the erection, use and display of devices, signs and symbols serving as a visual communicative media to persons upon public rights -of -ways. The provisions of this Ordinance are to encourage a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for the visual amenities on the part of those designing, displaying or otherwise utilizing communicative media of the types regulated by this Ordinance, while at the same time, assuring that the public is not endangered, annoyed or distracted by unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. SECTION 2. DEFINITIONS. For the purpose of this Ordinance, the terms defined herein shall have the following meanings: (a) "Advertising Sign" is a sign advertising a business, commodity, or service which is not located or performed on the premises on which the sign is situated. (b) "Address Sign" is a sign for postal identification numbers only, whether written or in number form. (c) "Business Sign" is a sign which identifies a business a profession, commodity or service sold or offered upon the premises where such a sign is located. 46 on the identified premises, which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex, a shopping center or area, an industrial area, an office complex or any combination of the above. (e) "Banners and Pennants" are attention -getting devices which resemble flags and are of a non -permanent paper, cloth or plastic -like material. (f) "Directional Sign" is a sign erected on private property for the purpose of directing vehicular and pedestrian traffic. (g) "Canopy and Marquee" is a roof -like structure projecting over the entrance to a building. (h) "District" refers to a specific zoning district as defined in the Zoning Ordinance. (i) "Free -Standing Sign" is a sign which is placed in the ground and not affixed to any part of any structure. (j) "Government Sign" is a sign which is erected by a government unit. (k) "Flashing Sign" is an illuminated sign on which such illumination is not kept constant in intensity or color at all times when such sign is in use. (1) "Illuminated Sign" is a sign which has an artificial light source directed upon it or one which has an interior light source. (m) "Institutional Sign" is a sign or bulletin board which 0 identifies the name and other characteristics of a public or private institution on the site where the sign is located. -2- (d) "Area Identification Sign" is a free-standing sign, 46 on the identified premises, which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex, a shopping center or area, an industrial area, an office complex or any combination of the above. (e) "Banners and Pennants" are attention -getting devices which resemble flags and are of a non -permanent paper, cloth or plastic -like material. (f) "Directional Sign" is a sign erected on private property for the purpose of directing vehicular and pedestrian traffic. (g) "Canopy and Marquee" is a roof -like structure projecting over the entrance to a building. (h) "District" refers to a specific zoning district as defined in the Zoning Ordinance. (i) "Free -Standing Sign" is a sign which is placed in the ground and not affixed to any part of any structure. (j) "Government Sign" is a sign which is erected by a government unit. (k) "Flashing Sign" is an illuminated sign on which such illumination is not kept constant in intensity or color at all times when such sign is in use. (1) "Illuminated Sign" is a sign which has an artificial light source directed upon it or one which has an interior light source. (m) "Institutional Sign" is a sign or bulletin board which 0 identifies the name and other characteristics of a public or private institution on the site where the sign is located. moves in any way by mechanical means. (o) "Nameplate or Identification Sign" is a sign which bears the name or address of the occupants of the building. (p) "Non -Conforming Sign" is a sign which lawfully existed prior to the adoption of this Ordinance but does not conform to the newly enacted requirements of this Ordinance. (q) "Portable Sign" is a sign so designed as to be movable from one location to another and is not permanently attached to the ground or any structure. (r) "Projecting Sign" is a sign any portion of which projects over public property. (s) "Roof Sign" is any sign erected upon or projecting above the roof line of a structure to which it is affixed. (t) "Sign" means any letter, word, symbol, device, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message, or visual communication whether painted, pasted, printed, affixed or constructed, which is displayed outdoors for informational or communicative purpose. (u) "Sign Area" is the area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural elements outside the limits of each sign and not forming an integral part of the sign. The stipulated maximum sign area for a free-standing sign refers to a single facing. (v) "Street Frontage" is that portion of a parcel of land iabutting one or more streets. An interior lot has one street frontage and a corner lot two such frontages. -3- . (n) "Motion Sign" is a sign which revolves, rotates or moves in any way by mechanical means. (o) "Nameplate or Identification Sign" is a sign which bears the name or address of the occupants of the building. (p) "Non -Conforming Sign" is a sign which lawfully existed prior to the adoption of this Ordinance but does not conform to the newly enacted requirements of this Ordinance. (q) "Portable Sign" is a sign so designed as to be movable from one location to another and is not permanently attached to the ground or any structure. (r) "Projecting Sign" is a sign any portion of which projects over public property. (s) "Roof Sign" is any sign erected upon or projecting above the roof line of a structure to which it is affixed. (t) "Sign" means any letter, word, symbol, device, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message, or visual communication whether painted, pasted, printed, affixed or constructed, which is displayed outdoors for informational or communicative purpose. (u) "Sign Area" is the area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural elements outside the limits of each sign and not forming an integral part of the sign. The stipulated maximum sign area for a free-standing sign refers to a single facing. (v) "Street Frontage" is that portion of a parcel of land iabutting one or more streets. An interior lot has one street frontage and a corner lot two such frontages. -4- 0 is (w) 1"Kall Sign" is any sign which is affixed to the wall of any building. • SECTION 3. GENERAL PROVISIONS APPLICABLE TO ALL DISTRICTS. 3.01 No sign other than governmental signs shall be erected or placed within any street right-of-way or upon any public easement. 3.02 Free -Standing Advertising Signs are prohibited in all districts. 3.03 No sign shall contain any indecent or offensive material. 3.04 Illuminated flashing signs, moving signs, revolving signs, illuminated revolving beacons, zip flashers or similar devices shall not be permitted in any district. All illuminated signs shall have a shielded light source. 3.05 Signs shall not project over public property more than 15 inches. • 3.06 No business or advertising signs may be painted on, attached to, or affixed•to any trees, rocks or similar organic or inorganic matter. 3.07 A permit for a sign will be issued only if: (a) The sign will not interfere with the ability of drivers and pedestrians to see any street of highway sign or traffic signal, and will not impede the vision of traffic by drivers or pedestrians. (b) The sign will not create confusion with any street, highway sign or signal. 3.08 Roof Signs shall be permitted only in Commercial Districts and shall be an integral part of the building. 3.09 Signs shall not obstruct any window, door, fire escape or opening intended to provide ingress or egress to any structure or building. • -5- • 3.10 Campaign Signs posted by bonafide candidates for political office or by a person or group promoting a political issue or a • candidate may be placed in any district subject to the requirements of that district. Such sign may be posted for a period not to exceed sixty (60) days and shall be removed within seven (7) days following the date of the election. 3.11 Banners, pennants, whirling devices and all similar means of attracting attention are prohibited except when used in conjunction with a special promotion. Such use shall be limited to one seven (7) day period each calendar year. 3.12 One temporary identification sign may be installed upon a construction site in any district, during construction only, denoting the name of the architect, engineer, and contractors; provided such sign does not exceed 80 square feet in area. 3.13 Temporary real estate signs may be placed in any district for the purpose of advertising the lease or sale of property upon which it is placed. Only one such sign shall be permitted per street frontage. (a) Such sign shall be removed within seven (7) days following the lease or sale. (b) The maximum size of such signs for each district is as follows: (1) Residential Districts - six (6) square feet. (2) Multiple Districts - eighteen (18) square feet. (3) Office Building, Commercial and Industrial Districts - thirty-two (32) square feet. 3.14 No portable signs shall be permitted. 3.15 No Free -Standing Projecting Signs shall be permitted in any district. Projecting Wall Signs shall be permitted only in Commercial Districts provided the total sign area does not exceed ten (10) square feet per facing and does not project over public property more than fifteen (15) inches. • districts. 3.17 Canopies and marquees shall be considered an integral part of the structure to which they are attached. One sign may be permitted on each side and front of a canopy or marquee but such structure shall not be considered as part of the wall area and thus shall not warrant additional sign area. 3.18 Signs which are located on the interior of a building and are not visible from the outside of said building shall be exempt from the provisions of this Ordinance and shall not require permits or payments of fees. 3.19 Directional signs shall be permitted in all districts. Directional signs shall bear no advertising and shall not exceed four (4) square feet in area. SECTION 4. DISTRICT REGULATIONS. In addition to those signs permitted in all districts, signs as herein designated shall be permitted in each specified district and shall conform as to size, location and character according to the requirements herein set forth: 4.01 Residential Districts: (a) Nameplate Signs: One sign not to exceed two square feet in area for each dwelling unit, indicating only name and address. (b) Institutional and Recreational Signs: One sign or bulletin board per street frontage for a church, public institution or recreational facility. Such sign or bulletin board shall not exceed twenty-four (24) square feet in area and shall not be placed closer than ten (10) feet to any street right- • of -way line. (c) Area Identification Sign: One sign not to exceed twenty-four (24) square feet in area per development. -6- 3.16 One address sign shall be required per building in all • districts. 3.17 Canopies and marquees shall be considered an integral part of the structure to which they are attached. One sign may be permitted on each side and front of a canopy or marquee but such structure shall not be considered as part of the wall area and thus shall not warrant additional sign area. 3.18 Signs which are located on the interior of a building and are not visible from the outside of said building shall be exempt from the provisions of this Ordinance and shall not require permits or payments of fees. 3.19 Directional signs shall be permitted in all districts. Directional signs shall bear no advertising and shall not exceed four (4) square feet in area. SECTION 4. DISTRICT REGULATIONS. In addition to those signs permitted in all districts, signs as herein designated shall be permitted in each specified district and shall conform as to size, location and character according to the requirements herein set forth: 4.01 Residential Districts: (a) Nameplate Signs: One sign not to exceed two square feet in area for each dwelling unit, indicating only name and address. (b) Institutional and Recreational Signs: One sign or bulletin board per street frontage for a church, public institution or recreational facility. Such sign or bulletin board shall not exceed twenty-four (24) square feet in area and shall not be placed closer than ten (10) feet to any street right- • of -way line. (c) Area Identification Sign: One sign not to exceed twenty-four (24) square feet in area per development. (d) Freeeding Signs shall not exceed six (6) fain height. • 4.02 Multiple Districts: (a) Identification Signs: One sign or symbol per building not to exceed six (6) square feet in area per building, provided such sign is attached flat against a wall of the building. (b) Area Identification Signs: One per development area not to exceed twenty-four (24) square feet. Such sign shall not be placed closer than ten (10) feet to any street right-of-way line. (c) Institutional Signs: One sign or bulletin board per street frontage for a church, public institution, or public recreational facility. Such sign or bulletin board shall not exceed twenty-four (24) square feet in area and shall not be placed closer than ten (10) feet to any street right- of-way line. (d) Free -Standing Signs shall not exceed six((6) feet in height. 4.03 Commercial Districts: (a) Wall Signs: The total area of any wall sign shall not exceed fifteen (15) per cent of the total area of said wall. (b) Free -Standing Signs: One free-standing sign for each building per street frontage shall be permitted. The total area of each sign shall not exceed eighty (80) square feet with a maximum height of twenty (20) feet. (c) Area Identification Signs: One sign per development not to exceed one hundred (100) square feet in area. . (d) Gas Pump Signs: Lettering or symbols which are an integral part of the design of a gasoline pump shall be permitted. (e) Restroom Signs: Signs indicating the location of restrooms as needed. • 4.04 Industrial Districts: (a) Identification Signs: One identification sign per building not to exceed thirty-two (32) square feet or two (2) square feet per one thousand (1,000) square feet of the gross area of the building main floor with a maximum of 80 square feet and a maximum height of twenty (20) feet. No sign shall be placed closer than twenty-five (25) feet to any street right- of-way line. An identification sign shall not extend above the roof or coping of the building. (b) Area Identification Signs: One sign per development not to exceed eighty (80) square feet in area. SECTION 5. ADMINISTRATION AND ENFORCEMENT. • 5.01 Permit Required: Except as herein exempted, no person, firm or corporation shall maintain, install, erect, relocate or modify any sign in the Village without first obtaining a permit therefor from the Village Council. Permits shall be required for all existing signs. 5.02 Application and Fee: Applications for sign permits shall be made in writing upon printed forms furnished by the Village. Each application for a permit shall set forth the correct legal description of the tract of land upon which the sign presently exists or is proposed to be located, the location of the sign on said tract of the land, the manner of construction and materials used in the sign, a complete description and sketch of the sign and such information as the Village Council deems necessary. At the time of application the applicant shall pay a fee of ten dollars ($10.00). If a sign authorized by • permit has not been installed within ninety (90) days from date of issuance of the permit, said permit shall become void. No fee shall be refunded. -8 - 8 -and and containing no advertising information shall be permitted as needed. • 4.04 Industrial Districts: (a) Identification Signs: One identification sign per building not to exceed thirty-two (32) square feet or two (2) square feet per one thousand (1,000) square feet of the gross area of the building main floor with a maximum of 80 square feet and a maximum height of twenty (20) feet. No sign shall be placed closer than twenty-five (25) feet to any street right- of-way line. An identification sign shall not extend above the roof or coping of the building. (b) Area Identification Signs: One sign per development not to exceed eighty (80) square feet in area. SECTION 5. ADMINISTRATION AND ENFORCEMENT. • 5.01 Permit Required: Except as herein exempted, no person, firm or corporation shall maintain, install, erect, relocate or modify any sign in the Village without first obtaining a permit therefor from the Village Council. Permits shall be required for all existing signs. 5.02 Application and Fee: Applications for sign permits shall be made in writing upon printed forms furnished by the Village. Each application for a permit shall set forth the correct legal description of the tract of land upon which the sign presently exists or is proposed to be located, the location of the sign on said tract of the land, the manner of construction and materials used in the sign, a complete description and sketch of the sign and such information as the Village Council deems necessary. At the time of application the applicant shall pay a fee of ten dollars ($10.00). If a sign authorized by • permit has not been installed within ninety (90) days from date of issuance of the permit, said permit shall become void. No fee shall be refunded. ' • -9- 5.03 Sign dentification Tag: The Village Building Inspector shall furnish each licensee with a sign identification tag which shall • be affixed by the licensee to the lower left facing surface of the sign. Such tag shall indicate the number of the sign permit and the date of issuance. Permits and tags shall be acquired and application fees paid for all non-exempt signs existing at the time of adoption of this Ordinance within thirty (30) days following the enactment hereof. 5.04 Maintenance: All signs shall be constructed in such a manner and of such material as to be safe and substantial. The exposed backs of all signs and sign structures shall be painted a neutral color. Signs determined by the Village Building Inspector to be in a state of disrepair shall be restored to good repair by the sign owner, or property owner on which the sign is situated, within thirty (30) days after the mailing of written notice to repair from the building inspector. • In the event of non-compliance with said notice, the Village shall be authorized to remove said sign at the expense of the sign or property owner. 5.05 Annual Inspection: There shall be an annual sign inspection to see that every sign complies with the minimum standards set forth in this Ordinance. 5.06 Exemptions: No permit shall be required for the following signs; provided, however, that all signs herein exempted from the permit requirements shall conform with all other requirements of this Ordinance: (a) Window signs placed within a building. (b) Signs having an area of two (2) square feet or less. (c) Signs erected by a government unit, public or parochial school, or church. (d) Signs as described in Sections 3.13, 3.16, and 3.19. 1 _10- 46 40 (e) Signs which are entirely within a building and not visible from outside of said building. SECTION 6. PENALTIES. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed one hundred dollars ($100.00) or imprisoned for not to exceed ninety (90) days. Each day that any violation is continued shall constitute a separate offense. SECTION 7. EXISTING NON -CONFORMING SIGNS. Any sign existing at the time of the adoption of this Ordinance which does not conform to the provisions hereof shall be removed within one year after the adoption of this Ordinance. SECTION 8. REPEAL AND EFFECTIVE DATE. Subsection 1 of Section 8 of Ordinance No. 1, Zoning Ordinance for the Township of Chanhassen, enacted March 3, 1952, is hereby repealed. This Ordinance shall take effect upon its passage and publication. Passed by the Council this 19th day of May 1969. rno Q L Eugene Coulter Mayor ATTEST: Ad 1ph Tessness Clerk -Administrator Published in the Minnetonka Sun on the 29th day of May, 1969. 0