HomeMy WebLinkAbout20071203 - VI-09Memo
To: Mayor Hicks and City Council Members
From: Kari Barker, Associate Planner
Date: December 3, 2007
Subject: First ReadinglOrder Public Hearing
REQUEST
vT-9
The City Council is asked to consider a First Reading and order a Public Hearing for
the purpose of considering the #ollowing actions:
1) Discuss amendments to Chapter 155.08 pertaining to residential sign
standards.
The Public Hearing would be held on December 17, 2007, upon approval by the City
Council.
PROPOSED CHANGES
At its November 26, 2007, Planning Commission meeting, approved the City Code
Amendment pertaining to signs with the following modifications:
1) The message on an electronic sign can be changed at a rate of no less
than 12 seconds.
2) Possible modification or differentiation for off-site commercial signage in
residential districts.
3) Signs cannot be placed in the right-of--way or fifteen feet from the curb.
4) Signs six square feet or smaller shall be allowed without a permit.
Addition changes may be forthcoming at the Public Hearing.
ATTACHMENTS
• Draft copy of the proposed Sign Ordinance Amendment
155.08 SIGNS.
~A) General provisiotls.
(1) Purpose. Findings, Purpose and Effect
a. Findings. Th.e city council hereby finds as follows:
i. Extel•ior si>;ns have a substantial impact on the character glad
uq alitt-, of the environment.
ii. Signs provide an important medium through which individuals
ma ~ convey a variety of messages.
iii. Signs can create traffic hazards aesthetic concerns and
detriments to property values, thel•ebv threatening the public health safety and welfare
iv. The city's zoning regulations have historically included the
regulation of suns in an effort to provide adequate means of expression and to promote
the economic viability of the business community while protecting the city and its
citizens from a proliferation of signs of a type. size. location and character that would
adversely impact anon the aesthetics of the community and threaten the health safety and
welfare of the community. The re~ulatiou of the physical characteristics of signs within
the city has had a positive impact on traffic safety and the appearance of the conununity
b. Purpose and intent. It is not the purpose or intent of this sign ordinance
to re>?ulate the mesa~e displayed on any sitrn• lion is it the purpose or intent of this article
to reeulate any building design or any display not defined as a sign, or any sign which
cannot be viewed from outside a but ldin>?. The purpose and intent of this article is to-
i. Re>;ulate th.z_number, location, size, tune, illumination and other
physical characteristics of suns within the city in order to promote the public health
safety and welfare.
ii. Maintain, enhance and improve the aesthetic environment of
the city by preventing? visual clutter that is harmful to the appearance of the communitti
iii Improve the visual appearance of the ci while providing for
effective means of conmiunication, consistent with constitutional guarantees and the
city's goals of public safety and aesthetics.
iv. Provide for fair and consistent enforcement of the sign
re>7ulations set. for herein under the zoning authority of the cit~r.
Deleted: (A) .Genera! provisions. q
. (I) .Purpose. The purpose of these
provisions is to:1
? .. (aj .Establish standards that would
permit businesses in the city a reasonable
and equitable opportunity to advertise;'
1
(b) .Preserve and promote civic
beauty and not allow signs that wou]d
detract from this purpose because of
unusual size, shape, height, location,
condition, or illumination; ~
? .. (c) .Ensure that signs shall not
create a safety hazard; andl
(d) .Preserve and protect the value
of land and buildings and also preserve
and protect landscapes.
c. Effect. A sign maybe erected, mounted. disniaved or maintained in the
city if it is in conformance with the provisions of these regulations. The effect of this sign
ordinance, as more specifically set t2n-th herein, is to:
i. Allow a wide variety of sign types in commercial zones, and a
more limited variety of signs in other zones, subiect to the standards set forth in this sign
ordinance.
i.i. Allow certain small, unobtrusive suns incidental to the
principal use of a site in all zones when in com-pliance with the requirements of #his sigh
ordinance.
iii. Prohibit signs whose location, size type, illumination or other
physical characteristics negatively affect the enviromrent and where the communication
can be accamplished by means havinv a lesser impact on the environment and the up blic
health, safety and welfare.
iv. Provide for the enforcement of the provisions of this sign
ordinance.
2 De nitions. See 155.02.
(3) Generally. The following are minimum requirements.
(a) All signs shall be erected or installed according to state building and
electrical codes_ Furthermore, all electrical signs shall require underground wiring.
(b) All signs/sign structures shall be maintained in safe and orderly
condition with the areas around them kept free from debris, bushes, high grass/weeds,
or anything else that would be a nuisance.
(c) Address signs that are clearly legible from the street which access is
gained shall be required for each principal structure, except in non-sewered areas where
addresses shall be affixed and visible from both sides of the mailbox and/or a separate
structure visible from the access or street.
(d) Illuminated signs shall be designed so as not to be obtrusive to
adjacent property or to passing motorists on private or public rights-of--way.
(e) Except as otherwise regulated herein, the minimum setback from
property lines for all signs may be zero feet provided that no portion of the sign extends
into public right-of--way. At no time shall a sign be permitted to extend into a
Minnesota Department of Transportation right-of--way. Signs above 30 inches in height
may not be placed within the vision triangle, which is measured by 25 feet in either
direction of an intersection at the edge of the street, or within any easement.
Deleted: ~
1
(f) To provide reasonable flexibility in respect to the sign regulations set
forth in this section, the Ciry Council may approve an application for a roof sign where
an exception would be consistent with the intent of these regulations, in cases where the
applicant demonstrates practical difficulties in using a wall sign or freestanding sign.
However, no roof sign shall exceed in size the district requirements for freestanding
signs. If the City Council approves a roof sign, the area of the roof sign may be
subtracted from the allowable freestanding and/or wall signage allowed for the property
and/or building.
(g) Portable signs are allowed in all commercial districts, except within _
the Downtown Core District or East 2`~ Street Historic District, in addition to ---.-- Deleted: o~er~ay D;sv~~~
E--------~~_--~-----------------L--.-.----_---------.-.~------_--_-.-.--__-_--_--__-_-~------..-------___:
permanent signs, only by temporary permit issued by the Planning Department ~- Formatted: s~perscriPc
according to provisions established under division (E) below. Portable signs may not
exceed 32 square feet in size or 6 feet in height. The length of permits for portable
signs shall be either 15 or 30 days. Permits for portable signs may be obtained for no
more than 60 days per legal parcel per year. Only 1 portable sign per legal parcel may
be permitted at a time. Portable signs may not be situated within any public street
right-of-way or easement. Portable sign permit fees shall be established by resolution
of City Council.
(B) Prohibited signs and sign structures.
(1) No sign shall be located within or over a public right-of--way unless
otherwise specifically permitted by this section or the City Council.
(2) No illuminated flashing or revolving signs shall be permitted with the
exception of Electronic Graphic Display signs and_movie theaters, time and temperature
provided the signs are designed so as not to be obtrusive to adjacent property or to
passing motorists on private or public rights-of--way. Furthermore, movie theaters with
illuminated flashing or revolving signs shall use light bulbs that are 25 watts or less and
shall not be operated between 12:00 a.m. and 6:00 a.m.
(3) No sign shall be erected or maintained in a way that obstructs, obscures,
or otherwise physically interferes with an official traffic sign, signal/device, or
driver's v iew of approaching, merging, or intersecting traffic.
(4) No sign shall be erected or maintained which imitates or resembles any
official traffic sign, signal, or device. Furthermore, no sign shall contain the wording
including, but not limited to, "stop ," "warn ing," or "caution" which may be confused
with traffic signing or controls unless the signs are approved by the city.
(5) No sign shall be painted or placed on ~utilitypole, tree, or other like ----- - neieted: rem,
- - ----------------------------
structure except those signs that provide public information concerning a school, city,
county, state, or federal event.
(6) No sign shall be made of any non-durables material such as pa er or
_~.- --
cardboard and attached directly to a building.
(7) No sign/structure shall be placed that will obstruct safe access to doors,
windows, or fire escapes.
(8) No sign shall be supported by guy wires.
(9) No sign shall be placed on a rooftop or project above the roof line when
attached to a structure except as may be permitted by the City Council under division
(A) above.
(i0) Video Display Signs
(11 _Any sign not expressly permitted by the provisions of this section.
(C) Signs permitted without a permit.
(1) Traffic signs as approved by the Public Works Director;
(2) Public signs as approved by the City of Hastings;
(3) Notwithstanding any other provisions of this Sign Ordinance all signs of
any size containing non-commercial speech may be posted from August 1 in a~
general election year until ten (10) days following the general election and thirteen (13)
weeks prior io any special election until ten (10) days following the special elecaion
(4) Sims 6 square feet or less in size per visible side
- Deleted: paper, cazdboard, or similar
Deleted:. (3) . Election campaign
signs on private property provided the
signs are posted no sooner than 100 days
before a city, school, county, state, or
federal election and removed within ]0
days following an election. No election
signs shall be affixed to utility poles;1
1
.. (4) .Real estate, lease, and rental
signs not more than 15 square feet for
residentially zoned property and 32
square feet for non-residentially zoned
property provided only 1 sign per street
frontage upon which the property to be
sold or leased abuts;l
1
.. (5) .Open house signs no larger than
5 square feet that state that a particular
home, commercial, industrial, or public
institutional sttucmre will be open for
public inspection for a Limited number of
hours on a specific day. The signs may
be placed in the city boulevard area on
the same day of the open house and only
during the open house;1
1
(,~) One temporary,_ on-site ~ign,~~a_ residential development provided a final _ _
plat has been filed. The sign shall. not exceed 100 square feet in size, 10 feet in height ~
and must be located on a vacant lot or lot with a model home within the subdivision at ~';,
least 10 feet from the nearest property line. Furthermore, the sign shall be removed
when 90 % of single-family or 75 % of multiple-family lots are sold. Construction
trailers may be placed in close proximity to support construction of the site. Placement
and/or use of the trailers solely for advertising shall beprohibited;_ `:•;;
'. ~',
6 One tem orar on-site i n 'ta a commercial mdustrlal or ubhc •~. '~'•,
C-).~- - - -----p --- 3''------- ---~-g--~-----------------'---------~- '-----p ---- - - - ----
institution development, provided a building permit has been issued. The sign shall not fir, ~'•,
exceed 100 square feet in size, 10 feet in height and shall be removed before any
building in the project is occupied. Where a building permit or certificate of occupancy •
is not required for a construction project including, but not limited to, landscaping
projects, one on-site sign not to exceed 25 square feet in size and 10 feet in height may
Deleted:6
Deleted: construction
Deleted: for
Deleted:
Deleted: 7
Deleted: construction
Deleted: for
be allowed up to 7 days. Construction trailers may be placed in close proximity to
support construction of the site. Placement and/or use of the trailers solely for
advertising shall be prohibited;
+~7) Temporary ribbons, banners, pennants, and_similar devices are allowed in
commercial, industrial, and public institution districts. The devices shall be removed if
they become torn, discolored, or in any way damaged to modify their original
appearance. Businesses and/or property pwners utilizing these temporary devices that
include advertising and/or ~ message shall be allowed only a total of 90 days during any _,
12-month period. Only 1 device shall be used at a time, and the maximum size of the
device shall be equal to or less than the monument sign standards for the district in
which the site is located, or in the case of the East 2nd Street Historic District or
Downtown Core District, equal or less than the wall sign standards;
_,(D) Signs requiring a permit.
(1) Permit Required. Except for signs specifically allowed by this Sign
Ordinance without a permit, no signs shall be erected, altered, reconstructed,
maintained or moved in the City without first securing a permit from the City. The
content of the sign shall not be reviewed or considered in determining whether to
approve or deny a sign permit. Sign applications are available from the Planning
Department. The Applicant shall include sign dimensions, height, colors, construction
materials, method of anchoring, and location. A sketch or photograph of the proposed
sign and a site plan that adequately illustrates the location of the sign is required. in
addition, the application shall include the location and size of all other signs at the
subject propertyldevelopment. Once a completed sign application is filed with the
Planning Department, Ciry Staff shall review the plans and specifications for the
proposed sign(s). If the proposed sign meets Ordinance requirements, the Building
Code and all other laws and ordinances of the City, a signed permit will be approved.
The required fee as established by Resolution of the City Council shall be paid to the
City before issuance of a signed permit. Unless otherwise noted, the following
regulations apply to all zoning districts.
Deleted: ----Page Break-----
Deleted: (8) .Name plate signs
displaying only the name or address of
the owner not to exceed 2 squaze feet;
1
(9) Gazage/rummage sale signs on
private property not to exceed 4 squaze
feet in size and to be removed the same
day the sale ends;l
1
.. (10) . No trespass/no hunting and
simitaz signs not to exceed 2 squaze feet
in size may be placed on private
property;'
1
(11
Deleted: owners utilizing
Deleted: a message
Deleted:.. (12) .Temporary holiday
signs or displays relating noncommercial
messages associated with national, state,
or local holidays or festivals;
1
(13). One temporary seasonal farm
products sales sign not to exceed 32
squaze feet in size; andq
1
(14) .Flags or insignia of any
govecnment.l
9
~____ _ _, (a) One monument sign for_each_principal structure, unified .--- Deleted: (l>. cenera![y. Unless
development, or legal parcel, whichever is more restrictive. Lots adjacent to more than otherwise noted, the following
regulations apply to all zoning districts.
1 street may have 1 sign per street frontage. In no case shall secondary signs exceed 50 q
square feet in size or 6 feet in height.
(b) Wall canopy, projecting or marque • exce t as otherwise_ noted, the ..--- Deleted: ; except
amount of signage permitted is based on the wall to which the sign will be attached.
Sign heights shall not exceed the top of the parapet wall or, if there is no parapet wall,
sign height shall not exceed height of eaves.
(c) To direct vehicular and pedestrian traffic in a safe and convenient
manner, directional signs aze permitted, provided the sign does not
exceed the sizes indicated in the table in division (D)(1)(d) below.
The number and location of directional signs will be determined
through sign permit review.
(d) Electronic Graphic Display Signs must meet the following
requirements:
a. Allowable zoning districts. Electronic graphic display signs
may only be located in the C-1, C-2, C-3, C-4, P-I, and O-1
Zoning Districts. Electronic graphic display signs shall be
prohibited in all other zoning districts and the East 2"d Street
Historic District.
b. Setback from residential The leading edge of the sign must
be a minimum distance of 60 feet from an abutting residential
district.
c. Dimmer control. Electronic graphic display signs must have
an automatic dimmer control to produce a distinct illumination
change from a higher illumination level to a lower level for
the period between one half-hour before sunset and one half-
hour after sunrise.
d. Use. Electronic graphic display signs may only be used in
combination with freestanding signage and may not constitute
more than 25 percent of the Monument Sign Face Size as
regulated in Figure 1.
e. Flashing. The messages on an electronic graphic dispiay sign
may change at a rate of no less than i2 seconds No #lashint•
shall be allowed.
,.-- Deleted: e. Flashing. The
(d) The table below illustrates the allowed amounts of signage permitted
in the various districts.
Zoning Districts
A, R, PI C-1, O-l C-2 I-1, I-2 DC
Monument Maximum 5 feet b feet 6 feet 6 feet N/A
Height
Sign Face 50 square 50 square 50 square 50 square N/A
Size feet feet feet feet
Cap Height 8 inches 8 inches 8 inches 8 inches N/A
(max.)
Wall Maximum Greater of 40 square feet or 5% of wall area See division
Size (p)(g)
below
Projecting Clearance N/A 8 feet 8 feet N/A 8 feet
Maximum N/A 4 feet 4 feet N/A 2.5 feet
Distance
from
Building
Directionals Maximum 4 feet 4 feet 4 feet 4 feet N/A
Height
Maximum - 2 square 2 square 2 square N/A
Size feet feet feet
Zoning Districts
C-3 C-4
Single Multiple Single - Sizzgle - Multiple
Occupant Occupaztts under over Occupant
100, 000 I00, 000 Building
square feet square feet
Monument Maximum 6 feet 10 feet 6 feet 15 feet 20 feet
Height
Sign Face 50 square 100 square 50 square 75 square 100 square
Size feet feet feet feet feet
Cap Height 8 inches 12 inches 8 inches 18 inches 24 inches
(max.)
Wall Maximum Greater of 40 square feet or 5 % of wall area
Size
Projecting Clearance 8 feet 8 feet 8 feet 8 feet 8 feet
Maximum 4 feet 4 feet 4 feet 4 feet 4 feet
Distance
from
Building
Directionals Maximum 4 feet 4 feet 4 feet 4 feet 4 feet
Height
Maximum 2 square 2 square 2 square 2 square 2 square
Size feet feet feet feet feet
(2) A, R, and PI Districts.
(a) One monument identification sign not to exceed 50 square feet in size
or 5 feet in height for residential developments with 6 or more single-family or
multiple-family dwelling units.
(b) One monument identification sign not to exceed 50 square feet in size
or 5 feet in height for each church, public or parochial school, hospital and residential
care facility. Such sign shall be solely for the purpose of displaying the name of the
institution and its activities or services.
(c) One monument identification sign not to exceed 50 square feet in size
or 5 feet in height for any commercial or institutional use within the PI Zoning District.
Lots adjacent to more than 1 street may have 1 sign per street frontage.
(Am. Ord. 553, 2nd Series, passed 5-15-2006)
(3) C-1 and O-1 Districts.
(a) Signs as permitted per division (D)(1) above.
(b) Lots adjacent to more than 1 street may have 1 sign per street
frontage. In no case shall secondary signs exceed 50 square feet in size or 6 feet in
height.
(4) C-2 District.
(a) Signs as permitted per division (D)(1) above.
(b) Lots adjacent to more than 1 street may have 1 sign per street
frontage. In no case shall secondary signs exceed 50 square feet in size or 6 feet in
height.
(c) Additional monument signs permitted for automobile dealerships:
1. One monument sign not to exceed 50 square feet or 6 feet in
height for advertisement of sale of pre-owned automobiles; and
2. One monument sign not to exceed 50 square feet or 6 feet in
height for each additional new automobile product line (automobile make) sold on the
premises.
(5) C-3 District.
(a) Signs as permitted per division (D)(1) above.
(b) Lots adjacent to more than 1 street may have I sign per street
frontage. In no case shall secondary signs exceed 50 square feet in size or 6 feet in
height.
(c) Those properties located within the East 2nd Street Historic District
are subject to the regulations of division (D)(8) below.
(6) C-4 Districts.
(a) Signs as permitted per division (D)(1) above.
(b) Lots adjacent to more than 1 street may have 1 sign per street
frontage. In no case shall secondary signs exceed 50 square feet in size or 6 feet in
height.
(c) For movie theatres, the primary wall sign may not exceed 10% of the
building facade on which the sign is erected. Secondary signs on the other building
facades may not exceed 5% of the building facade on which the sign is erected, or 40
square feet, whichever is greater
(7) 1-1 and 1-2 Districts. Signs as permitted per division (D)(1) above.
(8) DC Downtown Core and East 2nd Street Historic District.
(a) Downtown Hastings is a remarkably intact and compact example of
commercial architecture from the 1860's to the 1920's. This historic character is
considered an important asset of Downtown and, therefore, it is the intent of the this
section that this character be preserved. To accomplish this objective, all permanent
signage within the East 2nd Street Historic District or on property zoned DC
Downtown Core shall comply with the following requirements and guidelines.
1. Wall signs not to exceed 2 square feet per linear foot of building
frontage. The size of a sign should be appropriate to the building.
2. Signs should not cover up the traditional design elements of a
building as identified in the following sketch. When feasible, signage shall be at
traditional locations, including: painted inside the windows, door pane or transom
pane; flush on the storefront cornice or lintel; letters painted or attached directly on the
cornice or lintel; mounted flush between the lintel and second floor windows.
3. The style, colors, lettering, and materials of the sign should
reflect the age of the building. Examples may be found in old photographs and
surviving signs.
4. Contrast between a dark background and light lettering, or vice
versa, is more important than size. The lettering style should be chosen for its
legibility.
5. Plastic, aluminum, and back lit signs are not usually appropriate
on older buildings because of their materials, colors, size, and style of lettering. The
content and logo of corporate and product signs can be transferred to more traditional
materials and styles of sign.
.-- Deleted:'
1
6. signage shall be permitted on canvas or treated cloth awnings
where they are compatible with the age of the building and character of Downtown.
7. Projecting signs must conform to the following.
a. Minimum height above grade is 8 feet. Maximum height
above grade is 11 feet for the sign, and 12 feet for the bracket.
of the building.
permitted.
b. Sign may not project more than 2 and 1/2 feet from the face
c. Total sign face may not exceed 6 square feet.
d. Materials must be wood and/or metal. Plastic signs are not
e. Projecting signs may not be lit, internally or externally.
f. Plans must be submitted to show how the sign will be
anchored to the building and masonry.
g. Only 1 projecting sign permitted per business.
generic product.
h. Signs must be advertising a specific business name, not a
i. The sign area of the projecting sign comes off the total
signage allowed for the building under these requirements.
(b) All signs proposed to be constructed on properties that are designated
as Heritage Preservation Sites or are in a Historic District are subject to approval by the
Heritage Preservation Comrnission.
(c) Freestanding signs are prohibited in the East 2nd Street Historic
District or on properties zoned DC Downtown Core.
(E) Permit requirements.
(1) Except as otherwise provided in this section, no sign or structure shall be
erected, constructed, altered, rebuilt, or relocated until a permit has been issued by the
city.
(2) Sign applications are available from the Planning Department. The
applicant shall include sign dimensions, height, colors, construction materials, method
of anchoring,,~ttd location. _A~Site plan_that adequately_illustrates_the location of the _ __----- netetea:conre^c, -~
sign. In addition, the application shall include the location and size of all other signs at - ne~eted: skean ar pnocog~Pn or the
the subject property/development. proPo~ea s;gn;5 ~eyu;~ea ~a a
(3) Once a completed sign application is filed with the Planning Department,
staff shall review the plans and specifications for the proposed sign(s). If the proposed
sign(s) meets ordinance requirements, the building code and all other laws and
ordinances of the city, a sign permit will be approved.
(4) The required fee as established by resolution of the City Council
shall be paid to the city before issuance of a sign permit.
{F} Repairs. Any sign located in the city which may now be or hereafter ~ - ---- Formatted: Indent: First line: 36 pt
become out of order rotten or unsafe and eve sign which shall hereafter be erected
altered, resurfaced, reconstructed or moved contrary to the provisions of this section
shall be removed or otherwise properly secured in accordance with The teens of this
section by the owners thereof or by the owners of the ~~r-ornads on which said si rn~ shall
stand, upon receipt of proper notice so to do Liven by the issuing authority yo rotten or
other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of
this section and upon a permit issued by the issuing authority,
{G) Removal. In the event of the failure of the owner or perso~~, company or t- ---- Formatted: Indent: First line: 36 pt
corporation. havin r control of any sign, or the owner of the ground on which the sil~n is
located, to remove or repair said sign within 60 days after the use is terminated a notice
shall be !riven to the owner of the sign and the sign maybe removed by the cit ~ at tl~e
expense of the owner or rnana~er of the sitrn or the owner of the vround upon which the
sign stands.
(H) Nonconforming and illegal signs.
(1) Any sign legally existing on the effective date of this section that does not
conform to the requirements set forth in this section shall become a nonconforming use
and/or structure. Except as otherwise provided in this section, nonconforming signs
shall be allowed to continue, but shall not be rebuilt, relocated, replaced, or altered
without being brought into compliance with all the requirements of this section.
Furthermore, nonconforming signs are subject to the provisions contained at § 155.06.
(2) Any sign that is in violation of this section shall be removed or altered to
comply with this section.
(3) Maintenance of existing signs, including the replacement of faceplates of
the same size, shall be permitted on nonconforming signs.
(4) Temporary ribbons, banners, pennants, and similar devices that are in use
as of the adoption of this section must comply with the provisions of division (C)(11)
above.
(Prior Code, § 10.08) (Am. Ord. 485, passed 2-3-2003; Am. Ord. 541, passed 10-17-
2005) Penalty, see § 10.99