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3k. City Code Amendment Re Sign Ordinance, Final Reading.1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 MEMORANDUM CITY OF 3k CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (61 2) 937-1900 • FAX (612) 937-5739 i TO: Don Ashworth, City Manager FROM: John Rask, Planner I DATE: January 4, 1995 SUBJ: Sign Ordinance COUNCIL UPDATE The amendment to the City Code, Article'. a second and final reading on January 9, 1 approved the amendments to the code by item (b). The change is shown in bold RECOMMENDATION Action by C Adinir,'Strvnr Endorsed Modified-- Z oie Date M 12 of Staff is recommending the Ci - 'uricil adopt the "'Me City Council a yes the amendments to the sign and the summary 011 Attachments 1. Sign Ordinance F 2. Summary ordinance for publication 3. City Council minutes dated December 1994 the sign ordinance is scheduled for fiber 12, 1994 the City Council e with one correction on page 12, attached ordinance. as shown in attachment #1 #2. ORDINANCE SUMMARY NO. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE CONCERNING ARTICLE XXVI SIGNS AND ARTICLE I DEFINITIONS 1 The ordinance amendment addresses the following issues: proportionality of signs to the building , and property in which they are located, temporary development and real estate signs, pylon signs, temporary window signs, non- conforming signs, maintenance and repair, construction standards and the use of temporary advertising devices. Revised standards pertaining to size, location, number, and appearance of signs are also included in the proposed ordinance amendment.. (Published in the Chanhassen Villager on ) 1 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE THE ZONING ORDINANCE The City Council of the City of Chanhassen ordains: 0 Section 1 . Article XXVI of the Chanhassen City Code is hereby amended in its entirety as follows: ARTICLE XXVI. SIGNS DIVISION 1. GENERALLY Sec. 20 -1251. PURPOSE AND FINDINGS. A. Purpose The purpose of this sign ordinance is intended to establish an effective means of communication in the city, maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: (1) establish standards which permit businesses a reasonable and equitable opportunity ' to advertise their name and service (2) preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; ' (3) ensure that signs do not create safety hazards. (4) ensure that signs are designed, constructed, installed and maintained in a manner ' that does not adversely impact public safety or unduly distract motorists; (5) preserve and protect property values; (6) ensure signs that are in proportion to the scale of, and are architecturally compatible with the principal structures; (7) limit temporary commercial signs and advertising displays which provide an ' opportunity for grand opening and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right -of -way ' intersections. B. Findings The City of Chanhassen finds it is necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of signs be controlled. Further the city finds: 1. permanent and temporary signs have a direct impact on, and a relationship, to the image of the community; 2. the manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community; 3. an opportunity for a viable identification of community business and institutions must be established; 4. the safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers; 5. installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective fire fighting and other emergency service; 6. uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and, thereby, undermine economic value and growth; 7. uncontrolled and unlimited signs, particularly temporary signs, which are commonly located within or adjacent to public right -of -way, or are located at driveway /street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information. 2 F1 L Sec. 20 -1252. Permit and variance fees. Fees for sign permit applications and variance requests shall be imposed in accordance ' with the fee schedule established by City Council resolution. The intent of this section is to recover costs associated with administering this ordinance. Permit fees shall reflect the costs of reviewing and processing permits, as well as costs associated with periodic enforcement activities and compliance checks. The fee schedule will be adjusted as costs change or as directed by City Council resolution. Sec. 20 -1253. Variances. 0 The City Council, upon the recommendation of the Planning Commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this article. Written application for a variance shall be filed with the Planning Department and shall be supplemented with reproducible copies of the proposed sign. The application shall be processed in conformance with the public hearing requirements dictated for variances in Section 20 -29. No variance shall be granted by the City Council unless it has received the affirmative vote of at least simple majority of the full City Council. Sec. 20 -1254. Permit generally. (a) Except as provided in Section 20 -1255, no sign or sign structure shall be erected, constructed, altered, rebuilt or relocated until a permit has first been issued by the city. (b) The following information for a sign permit shall be supplied by an applicant if requested by the city: (1) Name, address and telephone number of person making application. (2) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. (3) Plans, location, specifications, materials, method of construction and attachment to the buildings or placement method in the ground. (4) Copy of stress sheets and calculations. 3 (5) Written consent of the owner or lessee of any site on which the sign is to be erected. (6) Any electrical permit required and issued for the sign. (7) Such other information as the city shall require to show full compliance with this chapter and all other laws and ordinances of the city. Information may include such items as color and material samples. (8) Receipt of sign permit fee. (9) The Planning Director, upon the filing of any application for a permit, shall examine such plans, specifications, and other data. If the proposed sign complies with this article and other applicable ordinances, the city shall issue a sign permit unless City Council approval is required. If City Council approval is required, the matter shall be promptly referred to the council for action. Sec. 20 -1255. Signs allowed without permit. The following signs are allowed without a permit: (1) Political Campaign signs: Temporary political campaign signs are permitted according to the following: a. The sign must contain the name of the person responsible for such sign, and that person shall be responsible for its removal. b. Signs are not permitted in the public right -of -way. C. Shall comply with the fair campaign practices act contained in the State of Minnesota Statutes, Chapter 211B.045. d. The city shall have the right to remove and destroy signs not conforming to this paragraph. n (2) Directional signs. ' a. On- premises signs shall pot be larger than four (4) square feet. The maximum height of the sign shall not exceed five (5) feet from the ground. ' The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general ' appearance of the site from public rights -of -way. No more than four (4) signs shall be allowed per lot. The City Council may allow additional signs in situations where access is confusing or traffic safety could be ' jeopardized. b. Off - premises signs shall be allowed only in situations where access is ' confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be no larger than what is needed to effectively view the sign from the roadway and shall be approved by the City Council. C. On- premises signs for industrially zoned land in excess of forty (40) acres ' shall not exceed twelve (12) square feet. The maximum height of the sign shall not exceed five (5) feet from the ground. The placement of directional signs on the property shall be so located such that the sign does ' not adversely affect adjacent properties or the general appearance of the site from public right -of -way. No more than four (4) signs shall be allowed per site. The City Council may allow additional signs in ' situations where access is confusing or traffic safety could be jeopardized. ' d. Bench signs are prohibited except at transit stops as authorized by the local transit authority. ' (3) Community Signs or displays which contain or depict a message pertaining to a religious, national, state or local holiday or event and no other matter, and which are displayed for a period not to exceed forty (40) days in any calendar year. ' (4) Motor fuel price signs are permitted on the premises of any automobile service station or convenience store selling fuel, only if such signs are affixed to the fuel ' pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four (4) square feet in sign display area. When such signs ' are made an integral part of a freestanding business sign, the sign display area devoted to the price component shall not exceed thirty (30) percent of the total sign display area of the sign. 5 (5) Nameplate or integral signs not exceeding two (2) square feet per building and ' does not include multi- tenant names. (6) Non - illuminated construction signs confined to the site of the construction, , alteration or repair. Such a sign must be removed within one (1) year from the date of issuance of the first building permit on the site, and may be extended until , the project is completed. One (1) sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed fifty (50) square feet in sign area, and residential construction signs may not exceed twenty -four ' (24) square feet in sign area. (7) Signs of a public, non - commercial nature, informational signs erected by a ' governmental entity or agency, including safety signs (O.S.H.A.), directional signs to public facilities, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like. Signs shall not exceed ' sixteen (16) square feet. (8) Rummage (garage) sale signs. Rummage sale signs shall be removed within two (2) days after the end of the sale and shall not exceed four (4) square feet. Rummage sale signs shall not be located in any public rights -of -way. The city shall have the right to remove and destroy signs not conforming to this paragraph. ' The city may assess a fee in the amount established by resolution for each sign removed by the city. ' (9) Temporary development pro ect advertising signs erected for the purpose of selling or promoting any non - residential project, or any residential project of ten (10) or more dwelling units, located in the City of Chanhassen, shall be permitted subject ' to the following regulations: a. Not more than two (2) non - illuminated signs or not more than one (1) non- ' illuminated sign per street frontage shall be allowed per project. b. Such signs shall only be located along streets that provide primary access ' to the project site. C. Such sign shall be setback at least ten (10) feet from any property line for ' signs ten (10) feet in height or less, plus one additional foot for each additional foot of sign height. Signs shall be firmly anchored to the ground. ' d. No such sign shall be located closer than one hundred (100) feet from an , existing residential dwelling unit, church, or school which is not a part of the project being so advertised. 6 1 7 �I e. Such signs shall not be located closer than one hundred (100) feet from any other such sign located on the same side of the street. f. Sign display area shall not exceed sixty -four (64) square feet, and the height of such signs shall not exceed fifteen (15) feet. g. Such signs shall be removed when the project being advertised is sold or leased, or after three (3) years. The Planning Director may permit a sign for longer than 3 years if the project being advertised is not sold or leased. (10) Temporary real estate signs which advertise the sale, rental or lease of real estate subject to the following conditions: a. On premises real estate signs advertising the sale, rental or lease of the premises upon which the sign is located. 1. One (1) non - illuminated sign is permitted per street frontage. 2. Sign display area shall not exceed sixteen (16) square feet per sign on property containing less than ten (10) acres in area, and thirty- two (32) square feet per sign on property containing ten (10) or more acres. 3. No such sign shall exceed ten (10) feet in overall height, nor be located less than ten (10) feet from any property line. 4. All temporary real estate signs shall be removed within seven (7) days following sale, lease, or rental of the property. 5. Window signs advertising the sale, rental, or lease of a building are permitted subject to the conditions of Sec. 20- 1265(g). b. Off - premises real estate signs advertising the sale, rental or lease of business and industrial buildings: 1. One (1) non - illuminated sign is permitted per building. 2. Such signs shall only be permitted in business and industrial districts, and on property located within the same subdivision or development as the building being advertised. 3. Such signs shall not be located closer one hundred (100) feet from any other such sign located on the same side of the street. 7 4. Sign display area shall not exceed thirty-two (32) square feet, and the height of such signs shall not exceed ten (10) feet. 5. Such sign shall be setback at least ten (10) feet from any property line. 6. Such signs shall be removed within seven (7) days following the lease or sale of the building floor space which it is advertising. 7. Provide written permission of property owner. C. Off- premises directional signs which show direction to new residential developments in accordance with the following. The intent of this subparagraph is to allow short term signage, for residential development, to familiarize the public with the new development. 1 1. Such sign shall only be permitted along major arterials and collectors as identified in the comprehensive plan. I 2. Only one (1) sign per corner of an intersection per development shall be permitted. There shall not be more than 4 signs per intersection. Signs shall not be located in any site distance triangle, measured thirty (30) feet from the point of intersection of the property line. 3. Sign display area shall not exceed thirty -two (32) square feet and the height of such signs shall not exceed ten (10) feet. 4. Such sign shall not be located closer than ten (10) feet from any street right -of -way line, and shall be firmly anchored to the ground. 5. Written permission must be obtained from the property owner upon whose land the proposed sign is to be located. 6. Such sign shall be non - illuminated and kept in good condition. 7. Such sign shall be removed twelve (12) months after the sign has been erected. A sign shall be permitted for each phase of a development. 8. Signs for home promotions (Parade of Homes, Spring Preview, etc.) shall be limited to four (4) square feet and shall be permitted only for the duration of the event. 8 Sec. 20 -1256. Permit for temporary signs, searchlights, banners, etc. Temporary signs are permitted as follows: f_ - 1 1 1. Banners shall not exceed one hundred forty (140) square feet and portable signs shall not exceed thirty -two (32) square feet and shall meet the following standards: a. a thirty (30) day display period to coincide with the grand opening of a business or a new development (business park or shopping center), or a business may display a banner or portable sign on three occasions per calendar year with a maximum 10 -day display period for each occasion. b. messages must relate to on- premise products or services, or any non- commercial message; and C. banners must be affixed to a principal structure which is owned or leased by the business which the sign is advertising. Non -profit and governmental event banners are excluded from this provision. d. portable signs shall not be located in the public right -of -way. e. sign permit issued by city. 2. Inflatable advertising devices are permitted according to the following: a. for each site or center, two occasions per calendar year, with each occasion not to exceed seven (7) days; b. written authorization from the property owner or their designee must be submitted with the sign permit application. C. sign permit issued by city. d. maximum height of the inflatable shall be twenty -five (25) feet. 3. Flashing or blinking portable signs, stringers, and pennants are not permitted. 4. Large flags flown in high winds may cause a noise nuisance and are subject to removal upon complaint from residents or businesses. E 5. The use of searchlights shall be limited to three (3) occasions per year, with each occasion not to exceed two (2) days. The use of searchlights shall be controlled in such a way so as not to become a nuisance. Searchlights may not be illuminated between the hours of twelve (12:00) midnight and six o'clock (6:00) a.m. Sec. 20 -1258. Legal Action. If the City Planning Director or an administrative officer finds that any sign regulated by this division is prohibited as to size, location, content, type, number, height or method of construction; or erected without a permit first being granted to the installer of the sign to the owner of the property upon which the sign has been erected or is improperly maintained, or is in violation of any other provision of this chapter, he shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within (10) calendar days following receipt of said notice: (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. Sec. 20 -1259. Prohibited signs. The following signs are prohibited: (1) Advertising or business signs on or attached to equipment, such as semi -truck trailers, where signing is a principal use of the equipment on either a temporary or permanent basis. (2) Motion signs and flashing signs, except time and temperature signs and barber poles which may be permitted by conditional use permits (see sections 20 -231 through 20 -237). (3) Projecting signs, not including awning or canopies as defined in this ordinance. I (4) Roof signs, except that a business sign may be placed on the roof, facia or , marquee of a building provided it does not extend above the highest elevation of the building, excluding chimneys, and provided: 10 ' a. Roof signs shall be thoroughly secured and anchored to the frames of the ' building over which they are constructed and erected. b. No portion of roof signs shall extend beyond the periphery of the roof. ' (5) Wall graphics and design treatments depicting corporate logos and company symbols. ' (6) Temporary signs or banners except as permitted in Section 20 -1256. ' (7) Signs which are placed or tacked On trees, fences, utility poles or in the public right -of -way. ' (8) Bench signs are prohibited except at designated transit stops as authorized by the local transit authority. ' (9) Billboards ' Sec. 20 -1260. Nonconforming Signs. ' When the principal use of land is legally non - conforming under this chapter, all existing or proposed signs in conjunction 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. Excluding normal maintenance, face changes, and repair, a non - conforming sign shall not be moved, altered, enlarged or reconstructed unless it is brought into compliance with the sign regulations. I Sec. 20 -1265. General location restrictions. (a) No sign or sign structure shall be closer to any lot line than a distance equal to one -half (1/2) the minimum required yard setback. Sign shall not block site distance triangle from any private drive or access. Signs shall not be located in ' any site distance triangle thirty (30) feet from the point of intersection of the property line. ' 11 F1 (b) Signs on non - residential property which are immediately adjacent to residential uses or districts shall be positioned so that the copy is not visible along adjoining side and rear yard property lines. (c) No sign, other than governmental signs, shall be erected or placed upon any public street, right -of -way, or project over public property. Temporary signs may not be erected or placed in a public easement unless approved by the city. (d) Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "Stop," "Caution," "Warning," unless the sign is intended to direct traffic on the premises. (e) No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences or trees nor, interfere with any electric light, power, telephone or telegraph wires or the supports thereof. (f) No sign or sign structure shall be erected or maintained that prevents 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. (g) Window signs shall not cover more than fifty (50) percent of the total window area in which they are located. The area of a window sign shall be interpreted as the total window area for that face of the building. In no case shall the total window sign area exceed the permitted wall sign area defined in this ordinance for said district. Buildings with less than thirty-two (32) square feet of window area are exempt from this provision. Sec. 20 -1266. Maintenance and repair. Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired replaced, or removed by the licensee, owner or agent of the building upon which the sign stands immediately upon notification by the city. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within thirty (30) calendared days following receipt of written notice: (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. 12 Ll 1 1 1 All signs shall be subject to inspection by the Building Official, or any other official of the city who may be appointed by him, to ascertain if the provisions of this chapter are being met. Sec. 20 -1267. Uniformity of construction, design, etc. All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi-tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development should be presented concurrently for staff review. All planned centers and multi- tenant buildings shall submit a comprehensive sign plan for approval by the Planning Commission and City Council. Signage shall use individual dimensional letters and logos, be back lit if a wall sign is illuminated, and be architecturally compatible with the building and other signage if in a multi- tenant building. Company symbols, display messages, pictorial presentations, illustrations, or decorations (anything other than wording) shall not occupy more than fifteen percent (15 %) of the sign display area. Sec. 20 -1268. Noncommercial speech. Signs containing noncommercial speech are permitted anywhere that signs are permitted, subject to the same size regulations applicable to such signs. Sec. 20 -1270. Uniform Sign Code. The design and construction standards as set forth in Chapter 4 of the 1994 Edition of the Uniform Sign Code as may be amended, are adopted. I Sec. 20 -1275. Construction n 5ta Bards. (a) A free standing sign or sign structure shall be constructed so that if the faces are not back to back, then they shall not have an angle separating the faces exceeding 13 1 forty-five (45) degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. 45 degree maximum angle (b) All on- premise freestanding signs must have structural supports covered or concealed with pole covers. The actual structural supports should not be exposed, and the covers should be architecturally and aesthetically designed to match the building. Pole covers shall be a minimum height of (eight) 8 feet. The exposed uprights, superstructure and/or backside of all signs shall be painted a neutral color such as light blue gray, brown, or white, unless it can be illustrated that such part of the sign designed or painted in another manner is integral to the overall design of the sign. SCWWA 8' mine Y '.11 1-o"Mue 8' min. (c) The installation of electrical signs shall be subject to the National Electrical Code as adopted and amended by the city. Electrical service to such sign shall be underground. (d) No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the building official. Any canopy or awning sign shall have a minimum of an eight (8) foot clearance. (e) Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver. No such signs shall interfere with or obscure an official traffic sign or signal; this includes indoor signs which are visible from public streets. Illumination for a sign or groups of signs shall not exceed l i foot candle in brightness as measured at the property line. 1 14 1 DIVISION 2. SIGNS ALLOWED IN SPECIFIC DISTRICTS BY PERMIT ' Sec. 20 -1301. Agricultural and Residential Districts. The following signs are allowed by permit in the A -2, RR, RSF, R-4, R -8, R -12 and residential PUD districts: (1) Public and Institutional Signs. One (1) ground low profile or wall sign, not exceeding twenty-four (24) square feet of sign display area, shall be permitted on the premises of any public or institutional property giving the name of the facility ' and nature of the use and occupancy. Such sign shall be located at least ten (10) feet from any property line, and shall not exceed five (5) feet in height. ' (2) Area Identification/Entrance signs. Only one (1) monument sign may be erected on a lot, which shall not exceed twenty-four (24) square feet of sign display area, nor be more than five feet high. Any such sign or monument shall be designed ' so that it is maintenance free. The adjacent property owner or a Homeowners Association shall be responsible for maintenance of the identification/entrance sign. Such sign shall be located so as not to conflict with traffic visibility or street ' maintenance operations, and shall be securely anchored to the ground. ' Sec. 20 -1302. Neighborhood Business, Fringe Business, and Office & Institutional Districts. ' The following signs shall be allowed by permit in any OI, BF, or BN Districts: 1. Ground low profile business signs. One (1) ground low profile business or ' institutional sign not exceeding twenty-four (24) square feet of sign display area shall be permitted. Such sign shall be located at least ten (10) feet from any property line and shall not exceed five (5) feet in height. 2. Wall business signs. One (1) wall business sign shall be permitted on the street frontage for each business occupant within a building. Wall business signs shall ' not be mounted upon the wall of any building which faces any adjoining residential district without an intervening public street. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: 1 15 Maximum Percentage of Wall Wall Area in Square Feet Total Square Footage of Signs 15% 0 -600 90 13% 601 -1,200 156 11% 1,201 -1,800 198 9% 1,801 -2,400 216 7% 2,401 -3,200 224 5% 3,201 -4,500 230 3% 4,500+ 240 3. Wall signs shall not include product advertising. Wall signs shall only include tenant identification, tenant logo or registered trademark, center name, or any combination of the three. Sec. 20 -1303. Highway, General Business Districts and Central Business District. The following signs shall be allowed by permit in any BH, BG, or CBD District: The following table lists the standards for freestanding and ground low profile signs in the BH, BG, or CBD zone. PYLON GROUND LOW PROFILE Principal Height Sign size Height Sign Size Structure (feet) (sq. ft.) (feet) (sq. ft.) 50,000 sq. ft. 20 80 10 80 or greater Less than 16 64 8 64 50,000 sq. ft. 1. Pylon business sign. Pylon Signs are permitted on parcels that abut State Highway corridors only. One (1) pylon identification sign shall be permitted. 16 This sign may identify the name of the center of the major tenants. The height and ' square footage of the sign shall be based on the square footage of the principal structure as shown in the table. Such signs shall be located at least ten (10) feet from any property line. ' 2. Ground low profile business signs. One (1) ground low profile business sign shall be permitted per each outlot or separate building pad that has street frontage. The ' height and square footage of the sign shall be based on the table above. Such signs shall be located at least 300 feet from any other pylon or ground sign and at least ten (10) feet from any property line. 3. Wall business signs. Wall business signs shall be permitted on street frontage for each business occupant within a building only. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: J F1 J Maximum Percentage of Wall Wall Area in Square Feet Maximum Square Footage of Sign 15% 0 -600 90 13% 601 -1,200 156 11% 1,201 -1,800 198 9% 1,801 -2,400 216 7% 2,401 -3,200 224 5% 3,201 -4,500 230 3% 4,500+ 240 4. Menu Board. One (1) menu board sign per restaurant use is permitted with a drive - through facility. Such sign shall not exceed forty-five (45) square feet in size nor greater ' than eight (8) feet in height. Such sign is permitted in addition to any other sign permitted in the Zoning District. 1 17 Sec. 20 -1304. Industrial Office Park Signs. I The following signs shall be allowed by permit in any IOP District: ' 1. Pylon or ground low profile business signs. Pylon signs are permitted on parcels that abut the Highway 5 corridor only. One (1) pylon or one (1) ground low ' profile Industrial Office Park identification sign shall be permitted. A Pylon sign shall not exceed eighty (80) square feet in sign area and shall not exceed twenty (20) feet in height. A ground low profile may not exceed eighty (80) square feet ' and eight (8) feet in height. Such sign shall be located at least ten (10) feet from any property line. 2. Ground low profile business signs. One (1) ground low profile business sign shall be permitted for each individual tenant. Such sign shall not exceed sixty -four (64) square feet in sign display area nor be greater than eight (8) feet in height. Such ' sign shall be located at least ten (10) feet from any property line. 3. Wall business signs. Wall business signs shall be permitted on street frontage for each business occupant within a building only. The total of all wall mounted sign display areas shall not exceed the square footage established in the following ' table: Maximum Percentage of Wall Wall Area in Square Feet Maximum Square Footage of Sign 15% 0 -600 90 13% 601 -1,200 156 11% 1,201 -1,800 198 9% 1,801 -2,400 216 7% 2,401 -3,200 224 5% 3,201 -4,500 230 3% 4,500+ 240 Secs. 20- 1306 -20 -1350. Reserved. 18 fl L ' Sec. 20 -1 DEFINITIONS Sign means any object, device, display, or structure, or part thereof situated outdoors, or visible ' through a window or door, which is used to advertise, announce, identify, display, direct or attract attention to an object, person, institution, organization, business, commodity, product, service, event or location, by means, including words, letters, figures, design, symbols, fixtures, ' pictures, illumination or projected images. Sign, Advertising means any sign which directs attention to a business, commodity, service, activity or entertainment not conducted, sold or offered upon the premises where such a sign is located. ' Sign, Awning means a temporary hood or cover that projects from the wall of a building, and which can be retracted, folded or collapsed ' against the face of the supporting building. Awning may extend in any required yard ArN�N6 si6 setback a maximum of five (5) feet. ' (2.6 feet in the supplementary regulations) Sign, Banner means a sign which is made out of a paper, cloth or plastic -like consistency, ' affixed to a building, vehicle, poles, or other supporting structures by all four (4) corners. Sign, Business means a sign which directs attention to a business or profession conducted, or to ' a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located. Sign, Business Directory means a sign which identifies the names of specific businesses Es ASR u f i located in a shopping center, medical center and professional office and which is located on the premises of the shopping center so identified. Sign, Campaign means a temporary sign announcing, promoting, or supporting political candidates or issues in connection with any national, state, or local election. Sign, Canopy - Any sign that is affixed to a projection or extension of a building or structure of a building, erected in such as manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. plastic, or structural protective cover over a door, entrance, window, or outdoor service area. 19 CANOpy S1CrN Sign, Festive Flag /Banner - a flag or 11 ' banner constructed of cloth, canvas or light fabric, that is hung from a light ""10Y I 1Wd.J, pole. The flag/banner shall contain no advertising except for cultural events, special holidays /seasons, etc. I I 1 Sign, Flag - any fabric banner used as a symbol of a government political subdivision or other identity. Corporation flags shall not exceed 12 square feet and may be flown in tandem with the I state or national flag. Sign, Flashing means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means what so ever. 20 1 Sign, Changeable Copy, - a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Sign, Construction means a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial , supporters, sponsors, and similar individuals or firms having a role or interest with respect to the situation or project. ' Sign, Development Identification means a permanent ground low profile sign which identifies a specific residential, industrial, commercial or office development and which is located on the premises of the development which it identifies. ' Sign, Directional means a sign erected on private property for the purpose of f XX T ' directing pedestrian or vehicular traffic ! onto or about the property upon which such , sign is located, including signs marking entrances and exits, circulation direction, parking areas, and pickup and delivery areas. ' Sign, Display Area means the area within a single continuous perimeter enclosing the extreme limits DISPLAY or the actual sign message surface, including any AREA ' structural elements outside the limits of each sign forming an integral part of the sign. The stipulated maximum sign display area for a sign refers to a single facing. Sign, Festive Flag /Banner - a flag or 11 ' banner constructed of cloth, canvas or light fabric, that is hung from a light ""10Y I 1Wd.J, pole. The flag/banner shall contain no advertising except for cultural events, special holidays /seasons, etc. I I 1 Sign, Flag - any fabric banner used as a symbol of a government political subdivision or other identity. Corporation flags shall not exceed 12 square feet and may be flown in tandem with the I state or national flag. Sign, Flashing means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means what so ever. 20 1 Sign, Freestanding /Pole /Pylon, means any non - movable sign not affixed to a building but erected upon a pole, post or other similar support so that the bottom edge of the sign display area is eight (8) feet or more above the ground elevation. ' Sign, Governmental means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation. Sign, Ground low profile business means a GRov ni business sign affixed directly to the ground, ' with the sign display area standing not LOw PRoF2 L greater than two (2) feet above the ground. ' Sign, Holiday decoration means a temporary sign in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday. ' Sign, Home occupation means a sign containing only the name and occupation of a permitted home occupation not to exceed 2 square feet. This is also a nameplate sign. ' Sign, Illuminated means a sign lighted by or exposed to artificial fighting either b lights on or g g Y in the sign or directed towards the sign. Sign, Informational means a sign containing descriptions of major points of interest g g P J P .g overnment institutions or other public services such as hospitals, sports facilities, etc. Sin Institutional means a sign Sign, g which identifies the name and other characteristics of a public ' or private institution of the site where the sign is located. Sign, Integral means a sign constructed as ' to be an integral portion of the building of which it forms a part. ' Sign, Integral Roof, means any sign IZZA erected or constructed as an integral or essentially integral part of a normal roof d n ' structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that ' no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. 21 Sign, Marquee means a sign which is mounted, painted on, or attached to any projection or ' extension of a building that is designated in such a manner as to provide shelter or cover over the approach to any entrance of the building. ' Sign, Menu Board means a sign located adjacent to the drive- through lane that is used to advertise the product available at a fast food restaurant. ' Sign, Motion means any sign or part of a sign which changes physical position by any movement or rotation of which gives the visual impression of such movement or rotation. ' Sign, Nameplate means a sign, located on the premises, which bears the name and/or address of the occupant of the building or premises. , Sign, Non - Conforming, a sign that does not conform to the requirements of this ordinance. Sign, Off - Premise, an advertising sign which directs attention to a use, product, commodity or ' services not related to the premises on which it is located. Sign, On Premise, a sin which directs attention to a business, commodity, product, use, service g ty P or other activity which is sold, offered or conducted on the premises upon which the sign is located. , Sign, Portable, means a sign designed so as to be movable from one (1) location to another, and ' that is not permanently affixed to a building, structure, or the ground. Including but not limited to, signs designed to be transported by means of wheels, sign converted to A- Frames, menu and sandwich board signs, and signs attached to or painted on vehicles parked and visible from the ' public right-of-way unless said vehicle is used in the normal day -to -day operations. Sign, Private Sale or Event means a temporary sign advertising private sales or personal property such as a house sale, garage sale and the like or private nonprofit events such as picnic, carnival, ' bazaar, game night, art fair, or craft show. ' Sign, Projecting means a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building. Sign, Real Estate means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. ' Sign, Roof means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and ' which projects above the roof line of a building with a flat roof, the eave line of a building with a gambrel, gable or hip 22 1 J roof or the deck line of a building with a mansard roof. Sign, Temporary means a sign designed or intended to be displayed for a short period of time. This includes items such as banners, pennants, flags, beacons, sandwich, or balloons or other air or gas filled figures. Sign, Wall means a sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of the wall, and which does not project more than twelve (12) inches from such building or structure. Wall signs shall not include product advertising. Wall signs shall include tenant identification, tenant logo, center name, or any combination of the three. Sign, Window means sign, pictures, symbols, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. PROJECT z n a 2 C zNz �ro� ROOF 51QW ���51GNfl Site Distance Triangle means no sign or sign structure shall be closer to any lot line than a distance equal to one -half (1/2) the minimum required yard setback. No sign shall be placed within any drainage or utility easement. Sign shall not block site distance triangle from any private drive or access. Signs shall not be located in any site distance triangle thirty (30) feet from the point of intersection of the property line. Section 2 . This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this day of . 1994. 23 ATTEST: Don Ashworth, City Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on ) IVY% 24 77 City Council Meeting - December 12, 1994 AMENDMENT TO CM CODE, ARTICLE XXVI. REGARDING THE SIGN ORDINANCE John Rask: During the past two years staff, Planning Commission and members of the business community have been working on changes to the sign ordinance. The original draft was developed with a subcommittee ' that included a' member of the City Council, Planning Commission and two chamber members. Our most recent efforts included three work sessions with the Planning Commission and Chamber. I'm going to take a few moments here to just over some of the more significant amendments to the ordinance. One issue that was ' closely examined was the relationship between the size of the building and the scale of the sign. The ordinance was rewritten to included which base the size of the sign on the size of the wall. Wall signs are still limited to 15% of the total wall area but the maximum sign area of 80 square feet has been increased based on the size of the wall area. The maximum sign area would be 240 square feet under the proposed amendment. This ' provision should help to reduce the need for larger building users to obtain variances for the construction of a reasonable sized sign. An example of this table. A similar approach was used to relate the size of a pylon sign and monument signs to the size of the principle structure for the business. Monument signs are limited to a maximum of 10 feet in height with the 80 square feet in sign area. Pylon signs would be limited to properties that directly abut State Highway corridors only and limited to a maximum of 20 feet in height with 80 square feet in sign area. Both of these sign maximums would be for buildings in excess of 50,000 square feet. The maximum size of a sign area allowed did not change from the original ordinance. The only difference is that ' smaller buildings would be allowed less signage under the proposed amendment. In no case I guess the maximum size was 64 square feet and this holds true for buildings of less than 50,000 square feet. ' Mayor Chmiel: John, prior to that, those signs that are there would be larger on the smaller buildings. Would those be grandfathered in? ' John Rask: Yes they would. Councilman Senn: ...number of pylons. ' John Rask: For pylons? Yes. Another amendment that was not in the old ordinance involved window signage. Under the proposed draft we would limit the amount of window signage as a percentage of the total window area. A window sign shall not cover more than 50% of the total window area in which they are located under ' the proposed amendment. Buildings with less than 32 square feet of window area would be exempt from this provision. This was thrown in to kind of add some equity to it so that businesses that don't have a large window area would still have the opportunity to advertise in that fashion. A cap was also added to the total window sign, square footage permitted based on the total wall sign area formula permitted for that district. I guess what that means is that based on this table you would not be able to exceed that amount of signage for window signage. So again we've put a cap. If a building has a large window area, they would be limited on the amount of window signs based on that table. And again the current sign ordinance does not limit the use of ' window signs. Permit standards for the use of temporary signs, search lights and banners have been revised in the ordinance amendment. The size of banners is not limited in the current ordinance. As proposed, the new ordinance would limit the size of a banner to 140 square feet. Banners and portable signs are currently allowed ' for no more than 10 consecutive days with no more than 3 permits per business during any calendar year. Again this has not changed in the proposed draft. However, banners and portable signs would be allowed a 30 day display period to coincide with the grand opening of a business or new development. Search lights would still be allowed under the new ordinance but would be limited to three occasions per year with each occasions ' not to exceed 2 days. In addition we added an amendment which states search lights may not be illuminated between the hours of 12:00 midnight and 6:00 a.m.. As these amendments represent the more significant 27 City Council Meeting - December 12, 1994 changes to the ordinance, we made a number of minor amendments throughout the ordinance for clarification purposes. In addition, several other minor amendments were made to setback requirements, sign location and the length of temporary real estate and development signs. The proposed amendments kind of give a face lift to the ordinance. We tried to arrange definitions, illustrations and standards so that they fit with each other and tried to make a more user friendly document by giving it, by making it easier to interpret and administer. One issue that came up during the Planning Commission and the public hearings held there was an issue which involved the use of certain architectural features as signage. If you read the Minutes you'll see that this was discussed in detail. I guess what the staff did, we put standards in the ordinance as kind of to bring about the discussion. It was felt that color bands and these type of things act more as signage and not to enhance the building. I guess after discussing it at the Planning Commission it was felt both by staff and the Planning Commission that these type of standards should not be included in the ordinance but the commission would like for us to relay the message of the fact that maybe we should take a look at some of these issues. The issues of using color bands or backlit awnings and maybe address those within the Highway 5 district or further clarify them within the general ordinance. But again for the purpose of the sign ordinance, color bands, architectural features associated with company logos and color schemes of a building will not be considered as signage. I guess with those comments I'd open it up for questions. Mayor Chmiel: Thanks John. Does anyone have any questions? Councilwoman Dockendorf: I just have one quick question. As it relates to window signage and these are, I'm assuming you're talking about signage that's taken on or off or your 59 cents taco type signs. John Rask: Yeah. Councilwoman Dockendorf: Anything that is, any businesses that currently are allowed to do that, I would assume that that is not a grandfathered position for them because they are removable? John Rask: Yeah, the ordinance does deal with temporary signs and I guess when it comes to window signs, it's hard to tell I guess what's permanent and what's not. Councilwoman Dockendorf: So how do we deal with it? I mean let me ask the question, do we have any existing today that may be grandfathered in? John Rask: Not that I'm aware of. I think again we're looking at the temporary poster type signs that are in the windows. Councilwoman Dockendorf: And those are definitely considered temporary? John Rask: Yes. Councilwoman'Dockendorf: That's my only question. Mayor Chmiel: Okay. Is there anyone from the Chamber here this evening? Is there anything that you'd like to add to it? And if you'd like to, just come forward and just state your name and your address. Randy Herman: My name is Randy Herman, 2792 Piper Ridge Trail. Despite a huge turnout, there's some of us that consider this to be a pretty momentous occasion. I've had some people tell me that this has been in the 28 1 City Council Meeting - December 12, 1994 works for as long as 7 years. My experience more recently is the last 6 months or so that we've been working ' through this thing and kind of picking it apart. There's been a lot of give and take. We've massaged a lot of these different issues thoroughly and I think overall people feel pretty good about the form that it's in. The things that were wrong to start with I think have been corrected. There were some concerns by the planning ' staff that I think have been addressed and I think it turned out to be a pretty good document. There are two small issues that I think need more clarification than anything. And if you'll look on page 12 at the top, (b), it was confusing to us how this might be interpreted concerning signs adjacent to non, or signs on adjacent non- ' residential property, that they be positioned so that the copy is not visible from residential uses along adjoining side and rear yard property lines. And I guess the scenario we're wondering about is if you have the case of say Byerly's, which I think adjoins the townhouses just to the rear of it. Does that include a sign that those townhouses can see or would it only include a sign that was actually on the side or rear yard line of that ' property? I think the intent is to not have signs that project directly to a neighborhood but could that language be used to disallow a sign that might be visible but isn't actually projected toward a residential... 1 Kate Aanenson: Can I make clarification? That was a discussion. I believe the way it was written before is it cannot be visible. Well that's almost impossible because the people in the Oaks can look over Byerly's to Festival so what we did is we changed the word to say adjacent. So there is no signage on the back of Byerly's so what we're trying to do, and we did the same thing when we looked at Abra- Goodyear to try and protect those people from signs. So what we're saying is that adjacent face, that's where we should be limiting. I think before what it said, something like visible. There's no way it cannot be visible but I think the intent of the adjacent to that direct facing. Randy Herman: Okay. I think we were just looking for clarification on that. We assumed that was the intent. It's almost impossible to not have some signage visible from some residential uses. Councilman Senn: Before we leave that point. Kate, I had that note down too. I mean can we word that different like signs on adjacent building surfaces or something? Define it as, yeah I had the same concern you did. It didn't make any sense to me at all. It was like ... but if we define it from building surfaces adjacent, then it seems to me we're saying... Randy Herman: The only other issue that really struck us in the final form on page 7, number 10(a)(2). Sign display area. This is, I won't read through it. Obviously you can read it. It deals with the difference in size between the signs on property less than 10 acres or property greater than 10 acres. Again I try to kind of take these things and picture the situation in my mind where they might occur. If you've got a kind of standard, commercial industrially zoned parcel along Highway 5, it might be 5 acres or 8 acres or whatever. A 16 square foot sign, 4 feet x 4 feet, in that situation might still be kind of small. On Main Street it's going to be plenty big and we had meant to try to propose some language to kind of make the divisions follow maybe zoning districts a little more or something to kind of, to have it so if you've got a big parcel on a main highway, you might need a full 4 x 8 sign... That was really the only other area. Otherwise again, I think from the standpoint of the business community and the aesthetics of the city, I think this ordinance does a really good job of protecting both'and allowing for some signage to development really undue restrictions and ... both ways. So we're pretty pleased with it. Mayor Chmiel: Good. Thanks Randy. Vernelle Clayton: ...the reason that there are only two of us here from the Chamber is I think a testimony to the process that we're in. I just want to make two points ... and from our perspective in terms of ..and that was 29 City Council Meeting - December 12, 1994 i because we had a little misunderstanding and we did have a room filled with people ... but it was a good process and I think... Mayor Chmiel: Good, thanks. Is there anyone else? If not I'll bring it back to Council. Richard. Kate Aanenson: Can I just make one other comment on the process too? Mayor Chmiel: Sure, go ahead. Kate Aanenson: I think you owe the Planning Commission a lot of thanks because they went through this thing page by page, item by item and it was a lot more than 3 meetings. And Matt's here and he knows. They spent a lot of time on this so you're seeing the fruits, as Vemelle indicated, a lot of work by the Planning Commission and by the Chamber. Mayor Chmiel: Yeah. I was going to make that comment but I'm glad you did. It eliminates my need for saying it. Councilman Senn: Can I ask a couple questions before we get into comments? Mayor Chmiel: Sure. Councilman Senn: If it's a wood sign, let's say a wood sign box, what constitutes the sign face area? The lettering or the box? Kate Aanenson: The box. So for like Byerly's, the way we figured that out is just take the outside extremities and kind of draw a box around it for the individual letter. Councilman Senn: Okay. And then as far as what you're suggesting in terms of wall area, you're removing the 80 square foot max wall area and increasing it to 240 square feet on a wall area? John Rask: Yes, that's correct, based on this table. Councilman Senn: So they can put more walls to that or what. John Rask: No, they're still limited to two walls. Kate Aanenson: What we're saying is we're trying to put a proportionality between the size of the building and the size of the sign. That's why Byerly's came in here. It's set back so far. It didn't work for them and we know there's a relationship problem there. Target needed a bigger size. It didn't meet this ordinance. So what we're saying is there needs to be a relationship between the size of the sign and the building. So that's where this formula came in. Councilman Senn: How does, I don't know how to say this. Kate Aanenson: We tried to keep those same proportions, if I can follow that logic through. The same proportions that we had so there's that relationship that carries through. We've used the factors. Unfortunately I don't have all the background here but we looked at the Target sign and the Byerly's sign and we looked at the 30 C t 1 0 City Council Meeting - December 12, 1994 proportions and looked at that 80 square feet and we tried to cant' that same thing forward if you had bigger so we tried to keep the proportions the same but obviously when you cap it it doesn't meet those bigger buildings. Councilman Senn: Okay, but the assumption you're working from is that a bigger building needs bigger signage. Kate Aanenson: They have the option, sure. John Rask: Sure. Mayor Chmiel: Okay. Richard. Councilman Wing: Mr. Mayor we have a very significant event here. Number one, the Planning Commission seems to be in concurrence with this along with concurrence with the Chamber and the business community, and there's no amount of money would get in the middle of that. This has been a long time in the making. I really appreciate Randy's comments tonight. I think those are fine points. And this just means we're not going to look Broadway Avenue and I'm real glad about that and whatever give and take there was, it's fine with me. It's hard for me to really fully understand it and I'm going to fall back on the Chamber and the Planning Commission and accept it as is with their recommendation. I think Randy's comments were well received. Mayor Chmiel: Colleen. Councilwoman Dockendorf: I'm not going to pretend that I understand this. There are certain things I'm willing to delegate and a project like this is one of them. Excellent job and a personal thank you to the members who were involved in putting this document together. And good report John. Mayor Chmiel: Michael. Councilman Mason: Well I'll throw some roses too. It's great. I mean I think Vemelle's comments were right on and Randy made some real good points and it does seem to me when everyone is in concert, who am I to be a noted dissident so let's get on with it. This is yeah, job well done I think by everybody. Mayor Chmiel: Okay, Mark. Councilman Senn: Well I guess I have to say the same thing. It's great if everybody's in agreement so it should go forward and everybody should live happily ever after I guess. Councilwoman Dockendorf: I hear a but coming in. Councilman Senn: Yeah, there's always a but right. You know I know any process like this is negotiation of give and take and I know they've done that and they've worked out a good middle ground and I think that's great. And so I have every intention of voting for it on that basis. I just I don't believe that signage should be defined on the size of the building or the size of a piece of land. I think the signage should be defined on the basis of need and I think when you do it on this basis you are hurting small business very badly because you're telling small business, because they're small they deserve a lot less exposure than someone who's big. And I just, I don't agree with that concept. The other concept I don't agree with is I don't believe accent stripes or color bands should be considered part of signage. At this point if you adopt that concept, then every accent 31