HomeMy WebLinkAbout5SignOrdinanceOrdinance Amendment — Chapter 155.08
Planning Commission Memo — November 13, 2007
Page 1
Memo
To: Planning Commission
From: Kari Barker, Associate Planner
Date: November 13, 2007
Subject: City of Hastings - Ordinance Amendments #2007 -51 - Signs
REQUEST
The Planning Commission is asked to hold a public hearing to consider amending Chapter
155.08 pertaining to signs. The changes pertain to signs in the residential district. No
changes are being proposed to signs in the commercial district.
BACKGROUND INFORMATION
The legality of the current Sign Ordinance was recently challenged by a resident in
response to a request for a sign to be removed.
It has been determined that the City cannot regulate the content of signs nor make a
differentiation between types of signs (i.e. election, school related, or event specific). Thus,
City Staff is recommending modifying sections of the Sign Ordinance that relate to content.
The modification will result in residential and commercial districts being allowed 12
square feet of signage without a permit. This square footage can be used for any type
of sign- real estate, election, school support, or event.
RECOMMENDED ACTION
Review the attached proposed Sign Ordinance Amendment and recommend approval.
ATTACHMENTS
• Draft copy of the proposed Sign Ordinance Amendment
155.08 SIGNS.
, A) General prow . si . ons.
(l) .. Pur ose. Findings and Effect
p , Pu
— a. Findings. The 61y council hereby finds as follows:
i. Exterior signs have a substantial impact on the character and
quality of the environment,
ii. Signs provide an important medium through which individuals
may convey a variety of M�e �aes.
iii. Signs can create traffic hazards, aesthetic concems and
detriments to property values, thereby threate ning the public health, safety and welfare
iv. The city's zoning regulations have, historically included the
regulation of signs in an effort to provide adeguate means of expression and to promote
the economic viability of the business community, while protecting the city and it
citizens from a proliferation of signs_ of a type, size, location and character that would
adversely impact upon the aesthetics of the community and threaten the health, safe 1y an
welfare of the community. The regulation of the physical characteristics of signs within
the city has had a positive impact on traffic safely and the appearance of the community.
b. Purpose and intent. It is not the purp or intent of this sign ordinance
to regulate the message displayed on an sign, - nor is it the puMose or intent of this article
to regulate any building design or any display not defined as a sign, or any sign which
cannot be viewed from outside a building. The purpose and intent of this article is to:
i. Regulate the number, location, size, type, illumination and other
physical characteristics of signs within the city in order to promote the public health,
safety and w elfare.
ii. Maintain, enhance and impr the aesthetic environment of
the city by preventing visual clutter that is harmful to the amearance of the community.
iii. Improve the visual appearance of the city while providing f or
effective means of communication, consistent with constitutional guarantees and the
cily's goals of public safety and a esthetics.
Deleted: (A) General provisions.¶
(1) Purpose. The purpose of these
provisions is to:¶
(a) Establish standards that would
permit businesses in the city a reasonable
and equitable opportunity to advertise,¶
(b) Preserve and promote civic
beauty and not allow signs that would
detract from this purpose because of
unusual size, shape, height, location,
condition, or illumination,¶
(c) Ensure that signs shall not
create a safety hazard, and¶
(d) Preserve and protect the value
of land and buildings and also preserve
and protect landscapes.
iv. Provide for fair and consistent enforcement of the sign
regulations set for herein under the zoning authority of the city,
c. Effect. A sign may be erected, mounted, displayed or maintained in the
city if it is in conformance with the provisions of these regulations. The effect of this sib
ordinance, as more specifically set forth herein, is to:
i. Allow a wide variety of sign types in commercial zones, and a
more limited variety of suns in other zones, subject to the standards set forth in this sign
ordinance.
ii. Allow certain small, unobtrusive signs incidental to the
principal use of a site in all zones when in compliance with the requirements of this sig
nrdinfltlCe,
iii. Prohibit suns whose location, size, type, illumination or other
physical characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the public
health, safety and welfare.
ordinance.
iv. Provide for the enforcement of the provisions of this sign
( 2) - Definitions. - See - § - 155.02. - Deleted: q
(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.
(f) To provide reasonable flexibility in respect to the sign regulations set
forth in this section, the City 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 permanent _ _ - - Deleted: overlay District
signs, only by temporary permit issued by the Planning Department according to Formatted: superscript
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 I 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 view
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," "warning," 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 a,utility pole, tree, or other like _ _ _ _ , - - Deleted: fence,
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-durable- such as paper or , , - Deleted: paper, cardboard, or similar
cardboard and attached directly to a building.
...... (7)_ No sign /structure shall be placed that will obstruct safe access to doors,
- - - - -- ---------- - - - - --
- Deleted: Page Break
windows, or fire escapes.
Deleted:
Deleted: .
(8) No sign shall be supported by guy wires.
Formatted: indent: Left: 45 pt,
Tabs: 45 pt, Left + Not at 0 pt
(9) No sign shall be placed on a rooftop or project above the roof line when
Deleted: 10
attached to a structure except as may be permitted by the City Council under division (A)
, ,' Deleted:
above.
i Formatted: Font: Not Bold
'i f Deleted:
(10) Video Display Signs
Deleted: . (3) Election/campaign
�4
i signs on private property provided the
� 1�1 Any Slgri not expressly permitted by the provisions Of this section_
- 6, signs are posted no sooner than 100 days
; before a city, school, county, state, or
'h federal election and removed within 10
(C) Signs permitted without a permit.
days following an election.
� 4 ty election
�4 signs shall be affixed to utility poles;¶
�h
(1) Traffic signs as approved by the Public works Director;
�'f (4) Real estate, lease, and rental
signs not more than 15 square feet for
ry residentially zoned property and 32
(2) Public signs as approved by the City of Hastings;
square feet for non - residentially zoned
f, property provided only 1 sign per sheet
4 frontage upon which the property to be
ns of
(3) Notwithstanding any other provisions of this Sign Ordinance, all signs
sold or leased abuts;¶
�, q
any size containing non - commercial Speech may be Posted from August 1 in and elg g eneral
y (5) Open house signs no larger than
election year until ten (10) days following the general election and thirteen (13) weeks
5 square feet that state that a particular
home, commercial, industrial, or public
prior to any special election until ten (10) days following the he special election.
institutional structure will be open for
public inspection for a limited number of
f hours on a specific day. The signs may
(4) Suns twelve (12) square feet or less m size.
be placed in the city boulevard area on
-
-) the same day of the open house and only
during the open house;¶
(5) One temporary, on -site signina 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
� Deleted: 6
��
least 10 feet from the nearest property line. Furthermore, the sign shall be removed when
J Deleted: construction
90% of single - family or 75% of multiple - family lots are sold. Construction trailers may
Deleted: for
be placed in close proximity to support construction of the site. Placement and /or use of
Deleted:
the trailers solely for advertising shall be prohibited;_
,'� Deleted: 7
Deleted: construction
_ One temporary, on -site sigma commercial, industrial, or public institution
�_ == �- Deleted: for
development, provided a building permit has been issued. The sign shall not exceed 100
Deleted: - -- - -- -Page Break - - -- - - --
square feet in size, 10 feet in height and shall be removed before any building in the
Deleted: (s) Name plate si
project is occupied. where a building permit or certificate of occupancy is not required
displaying only the name or address of
for a construction project including, but not limited to, landscaping projects, one on -site
; the owner not to exceed 2 s feet,q
sign not to exceed 25 square feet in size and 10 feet in height may be allowed up to 7
(9) Garage/rummage sale si on
days. Construction trailers may be placed in close proximity to support construction of
ry private property not to exceed 4 square
the site. Placement and /or use of the trailers solely for advertising shall be prohibited;
r, feet in size and to be removed the same
,, da the sale ends,q
it
7 Tem ora ribbons, banners, ennants, and similar devices are allowed m
B (10) No trespass /no hunting and
similar signs not to exceed 2 square feet
commercial, industrial, and public institution districts. The devices shall be removed if
in size may be placed on private property
(11
they become torn, discolored, or in any way damaged to modify their original
appearance. Businesses and /or property pwners utilizing these temporary ------ Deleted: owners utilizin
include advertising and /or message shall be allowed only a total of 90 days during any - _ - -- Deleted: a messa
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 property /development.
Once a completed sign application is filed with the Planning Department, City 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: _ (12) _ Temporary holiday
signs or displays relating noncommercial
messages associated with national, state,
or local holidays or festivals;¶
(13) _ One temporary seasonal farm
products sales sign not to exceed 32
square feet in size, and¶
. (14) . Flags or insignia of any
government.¶
- - - - - - - - - (a)_ One monument sign for eachprincipal structure, unified development, - - - Deleted: (1) Generally. unless
o
or legal parcel, whichever is more restrictive. Lots adjacent to more than 1 street may at i, i all ring
reguullatioons ns a applpply to o all ll zoning dishicts.¶
have 1 sign per street frontage. In no case shall secondary signs exceed 50 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 - -- Deleted: (c)
manner, directional signs are 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 0-1 Zoning Districts. Electronic graphic display
signs shall be prohibited in all other zoning districts and
the East 2 nd 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 on 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.
(d) The table below illustrates the allowed amounts of signage permitted in
the various districts.
Zoning Districts
A, R, PI
Gl, 0-1
C-2
1-1,1-2
DC
Monument
Maximum
5 feet
6 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
(D)(8)
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
(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.
Zoning Districts
C-3
C-4
Single
Multiple
Single -
Single -
Multiple
Occupant
Occupants
under
over
Occupant
100,000
100,000
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 0-1 Districts.
(a) Signs as permitted per division (13)(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 (13)(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 (13)(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) Those properties located within the East 2nd Street Historic District are
subject to the regulations of division (13)(8) below.
(6) C -4 Districts.
(a) Signs as permitted per division (13)(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) I -1 and I -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.
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.
the building.
b. Sign may not project more than 2 and 1/2 feet from the face of
c. Total sign face may not exceed 6 square feet.
d. Materials must be wood and /or metal. Plastic signs are not
permitted.
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.
h. Signs must be advertising a specific business name, not a
generic product.
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 Commission.
(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, and_location. _A�site plan that adequately illustrates_ the location of the sign_ In , , - Deleted: content,
addition, the application shall include the location and size of all other signs at the subject Deleted: sketch or photograph of the
property development. proposed sign is required and 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 evea sign which shall hereafter be erected,
altered, resurfaced, reconstructed or moved contract to the provisions of this section,
shall be removed or otherwise properly secured in accordance with the terms of this
section by the owners thereof or by the owners of the grounds on which said si n
stand, upon receipt of proper notice so to do, given by the issuing authority. No 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.
(1f) 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