HomeMy WebLinkAbout04-19-2021 Planning Commission Work Session Packet •
ORONO PLANNING COMMISSION
WORK SESSION
Monday, April 19, 2021 at 5:00 pm
2780 Kelley Parkway— Council Chambers
AGENDA
NEW BUSINESS
1. LA20-47 City of Orono, Text Amendment related to Boat Storage
2. LA21-27 City of Orono, Text Amendment related to Plumbing in accessory buildings.
3. LA21-28 City of Orono, Text Amendment related to signage
ADJOURNMENT
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• CITY OF ORONO MEMORANDUM
SOA 0 DATE: April 19, 2021
TO: Planning Commissioners
yFG/
1.**HAdam Edwards, City Engineer
lAkESo0' FROM: Jeremy Barnhart,AICP, Community Development Director
RE: Planning Commission work session
A work session is scheduled for Monday to review three pending text amendments. The work
session is useful to allow for an open dialogue and discussion.
The amendments to be discussed are: LA20-47 Boat Storage, LA21-27 Plumbing in Residential
districts, and LA21-28 Signs.
Staff will lead a verbal discussion of the issues with each ordinance, and asks that
Commissioners be prepared to outline the changes they would like to see. The draft ordinances
are included in the regular meeting packet,with the exception of the sign ordinance.
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Title VI-LAND USE
Chapter 78-ZONING REGULATIONS
ARTICLE X.-SUPPLEMENTARY REQUIREMENTS AND RESTRICTIONS
DIVISION 4.ORONO SIGN CODE
DIVISION 4. ORONO SIGN CODE1
Sec.78-1465.Recitals.
This division shall be known,cited and referred to as the Orono Sign Code,except as referred to herein,
where it shall be known as"this division."
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1466.Purpose.
Purpose.This Sign Code is intended to establish a comprehensive and balanced system of sign control that
accommodates the need for a well-maintained,safe,and attractive community,and the need for effective
communications,including business identification.It is the intent of these sign regulations,to promote the health,
safety,general welfare,aesthetics,and image of the community by regulating signs that are intended to
communicate to the public in all areas of the city.It is not the purpose or intent of this division to regulate the
message displayed on any sign.The purpose of this division is to authorize:
(1) Permanent signs which establish a high standard of aesthetics and are appropriate for the planned
character in each sign district as established in section 78-1478;
(2) Signs that are compatible with their surroundings; •
(3) Signs that are designed,constructed,installed,and maintained in a manner that does not adversely
impact public safety or create a hazard to motorists,pedestrians,or cyclists;
(4) Signs that are proportioned to the scale of,and are architecturally compatible with,principal
structures;
(5) Permanent signs which give preference to the on-premise owner or occupant;
(6) Temporary commercial signs and advertising displays which provide an opportunity to advertise while
restricting signs that create visual clutter and hazards at public right-of-way intersections;
(7) Minimize adverse effects on nearby property;and
(8) Provide for fair and consistent enforcement of the sign regulations set forth herein under the authority
of the city.
(Ord.No.2015 3rd series,§1,9-10-2018)
1Editor's note(s)—Ord.No.215 3rd series,§1,adopted Sept.10,2018,repealed the former Art.X,Div.4,§§78-
1466Editor's note(s)--78-1468,and enacted a new Div.4 as set out herein.The former Div.4 pertained to
signs and derived from Code 1984,§10.61(1)—(3);Ord.No.97 2nd series,§§2,3,adopted August 26,1991;
Ord.No.221 2nd series,§5,adopted Sept.23,2002;Ord.No.6 3rd series,§§1,2,adopted April 26,2004;
Ord.No.32 3rd series,§5,adopted March 27,2006;Ord.No.35 3rd series,§§1,2,adopted Nov.13,2006;
Ord.No.70 3rd series,§1,adopted April 26,2010;Ord.No.193 3rd series,§1,adopted April 10,2017.
Orono,Minnesota,Code of Ordinances Created:2e21-e4-e5 11:46:36[EST]
(Supp.No.19,Update 1)
Page 1 of 14
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Sec.78-1467.Findings.
Findings.The city finds it is necessary for the promotion and preservation of the public health,safety,
welfare,and aesthetics of the community to control the construction,location,size,and maintenance of signs.
Further the city finds:
(1) Permanent and temporary signs have a direct impact on and relationship to the image and aesthetic 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 viable identification of community businesses,residences,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 create a hazard for 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 and sign types 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;
(8) Commercial signs are generally incompatible with residential uses and should be strictly limited in
residential zoning districts;and
(9) The right to express noncommercial opinions in any zoning district must be protected,subject to
reasonable restrictions on size,height,location,and number.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1468.Scope of regulations.
The sign regulations set forth in this division shall apply to all structures and land uses.This division describes
the signage standards for the sign districts that overlay the zoning districts of the city.Specific additional
regulations are established for signs which are unique in purpose and not easily addressed by district regulations.
No person,property owner,or lessee shall place,erect,alter,modify,enhance,or change in any way a sign that
does not conform to the requirements of this division and all other applicable regulations.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1469.Definitions.
For the purposes of this division,the following words and terms are defined as follows:
Auxiliary sign means a sign that provides direction for internal circulation,parking or entry,restrictions on
parking,security warnings,or other similar primarily noncommercial signs that are directed at people that are
entering,exiting,or on a particular property.Auxiliary signs do not include outdoor advertising signs.
Created: 2021-04-05 11:46:26[EST]
(Supp.No.19,Update 1)
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Banner means any temporary sign of lightweight fabric or similar material mounted to a pole or a building at
one or more edges.
Billboard means see"Outdoor advertising sign."
Canopy/awning sign means a message or logo on an awning or canopy which is constructed according to the
requirements of the building code,is an integral part of the building,and is consistent with the architecture and
design of the building.
Clear vision area means an area within a triangle that is measured along the edge of the driving surface of
the road starting at the intersection of two roads and driveways(public or private)and extending 30 feet in each
direction from the intersection and then a line connecting these two end points.
Changeable message sign means a message that is not permanently attached to the sign face but is not a
dynamic display.The message is changed manually.
Commercial message sign means any message which identifies a business or product or promotes the sale of
any product or service.
Dynamic display means any characteristics of a sign that appear to have movement or that appear to change,
caused by any method other than physically removing and replacing the sign or its components,whether the
apparent movement or change is in the display,the sign structure itself,or any other component of the sign.This
includes a display that incorporates a technology or method allowing the sign face to change the image without
having to physically or mechanically replace the sign face or its components.This also includes,but is not limited
to,any rotating,revolving,moving,flashing,blinking,projecting,or animated display and any display that
incorporates rotating panels,LED lights manipulated through digital input,"digital ink,"or any other method or
technology that allows the sign face to present a series of images or displays.
Freestanding sign means a self-supporting sign usually held up by uprights placed in the ground or any other .
base that is anchored to the ground.
Grand opening means commencement of operation of a new business.For purposes of the ordinance,a
grand opening is considered to occur if there is a new business,a business name change or change in type of
business or activity.
Graphic sign means a sculpture attached to or sign painted directly on a wall that is primarily symbolic or
representational in nature and not alpha or numeric in content or copy.
Illuminated sign means any sign,which has characters,letters,figures,designs or outlines which are
illuminated by an artificial light source.
Incidental sign means any sign that is generally not readable from property other than
where the sign is located,such as from adjacent property or a public street,as determined by the city
administrator or their designee.Signs are commonly directional or informational,intended for onsite
consumption.
Lighting,backlit means an illuminated sign where the light source which illuminates the wall behind
individual sign letters is hidden from view.The sign letters are opaque and appear as a silhouette against the
lighted surface.
Lighting,external means the sign is illuminated by means of external light fixtures directed at the sign.
Lighting,internal means an illuminated sign having the source of illumination located inside a translucent
panel and is not directly visible.
Monument sign means a freestanding sign with its sign face mounted on the ground or mounted on a base at
least as wide as the sign and is less than 16 feet in height.
Created: 2021-04-05 11:46:26[EST]
(Supp.No.19,Update 1)
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On-premise sign means a sign whose message is related to the property or the activity and use occurring on
the property on which the sign is located.On-premise signs include multi-tenant identification signs that may
advertise tenants on different property provided such tenants are within the same approved PUD and parking is
shared between properties.
Outdoor advertising sign means any sign that is located outdoors and that advertises a product,business,
service,event,or any other matter that is not available,or does not take place,on the same premises as the sign.
Outdoor advertising signs are commonly called billboards.An outdoor advertising sign does not include a sign that
is not readily understandable or readable from property other than where the sign is located,such as from
adjacent property or a public street,as determined by the city administrator or their designee.
Permanent sign means any sign that is not temporary.
Pole sign means a freestanding sign that is elevated off the ground by one or more poles.
Portable sign means a temporary sign whose principal supporting structure is intended,by design and
construction,to be used by resting upon the ground for support and may be easily moved or relocated for reuse.
Portable signs include,but are not limited to,A-frame or T-frame signs,sandwich signs, signs mounted on a trailer,
bench,wheeled carrier,or other non-motorized mobile structure with or without wheels.
Projecting sign means a sign,other than a wall sign,that is attached to and projects more than 18 inches
4111 from the building facade.
Public sign means a traffic control sign in Minnesota State Statutes;any identification sign installed on public
propertyia-a-public, ar by a public authority;and any other identification,regulatory,or warning sign approved
by the city council for installation on public land.
Re-facing means the process of replacing the sign copy,message,logo,or graphic on a sign without altering
or moving the structure to which the sign face is attached.
Roof sign means a sign that is mounted on the roof of a building or on a parapet wall that is above the roof
line.
Rotating sign means a sign or a portion of a sign which moves in a rotating,oscillating or similar manner
other than changing signs.
Service area canopy means an open air roof-like structure that projects from the wall of a building or is
freestanding and is for the purpose of shielding equipment and/or people from the elements;is often found
covering service or gasoline station islands.
Sign means any written message,pictorial presentation,number,illustration,decoration,banner or other
device that is used to announce,direct attention to,identify,advertise or otherwise make anything known.For
purpose of maintenance or removal,the term"sign"shall also include frames and support structures.
Sign area means the area in square feet of the single smallest rectangle,circle,or triangle that contains the
sign copy.
Sign height means the distance measured perpendicular from the highest point of the sign structure to the
average grade at the base of the sign.
Temporary sign means a sign designed to be displayed for a limited period of time that is not permanently
affixed to the land or to a structure.
Created:2021-04-05 11:46:26[EST]
(Supp.No.19,Update 1)
Page 4 of 14
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Wall sign means a sign attached to or erected against an exterior wall surface of a building or structure.
Window sign means a sign mounted inside of a building within the window area that is applied or fastened to
the window in a manner that is intended to be viewed from outside the building.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1470.Application process.
An,application for a sign permit shall be made on the city's permit platform.The applicant shall provide all
required information.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1471.Review process.
The city administrator or their designee shall approve or deny the sign permit application in an expedited
manner,no more than 30 days from the receipt of the completed application,including applicable fees.All
complete permit applications not reviewed within 30 days shall be deemed approved.Applicants shall be notified
in writing if the application is denied,including the reasons for denial.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1472.Appeals process.
Appeals shall be made as outlined in sections 78-96 through 78-99 no later than ten days following the •
decision.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1473.Fees.
Sign permit fees and the impoundment fee shall be set by the city council by ordinance from time to time.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1474.Inspection and enforcement.
(1) Inspection authority.All signs shall be subject to inspection by the city administrator or their designee,who is
hereby authorized to enter upon any property or premise to ascertain whether the provisions of this division
are being obeyed.Such entrance shall be made during business hours unless an emergency exists.
(2) Signs in Disrepair.The city administrator or their designee may order the removal of any sign that is not
maintained in accordance with the maintenance provisions of this ordinance.Upon failure to comply with
such notice within the time specified in such order,the city council may declare the sign to be a public
nuisance,impound it,and assess the cost of removal to the sign owner or the sign owner's agent.
(3) Impoundment of signs on public property or within public right of way.The city administrator or their
designee may,at any time and without notice,impound signs that have been installed on public property,
within the public right-of-way,or within a public easement that are in violation of this division.The sign
owner or their agent may retrieve an impounded sign subject to the following rules:
created: 2e21-e4-05 11:46:26[EST]
(Supp.No.19,Update 1)
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a. Payment of an impoundment release fee.Any subsequent impoundment(s),within one calendar year,
for a particular property or sign owner will require payment of double the initial impoundment release
fee.
b. Any impounded sign may be retrieved from the impounded area within three business days of the
impoundment or the city administrator or their designee may dispose of it.The impoundment area can
be located by contacting City Hall.Any cost incurred by the city for disposal of an impounded sign may
be assessed to the sign owner or the sign owner's agent.
c. The city shall have no obligation to notify a property owner that it has impounded a sign.
d. The city shall not be held liable for any damage to an impounded sign.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1475.Exempt signs.
All signs shall require an approved sign permit prior to placement except for the signs specifically noted in
this section.Exempted signs shall not reduce the permitted signage for a property.These exemptions shall not
relieve the owner of the sign from the responsibility of its maintenance and its compliance with the provisions of
this division or any other law or ordinance regulation the same.
(1) 6eveswment-Public signs.All govcrn lent-Public signs,including but not limited to traffic control and
other regulatory purpose signs,street signs,identification signs,informational signs,danger signs,and
railroad crossing signs.
(2) Non-commercial signs in an election year.Signs of any size containing non-commercial speech may be
• posted in any number beginning 46 days before the state primary in a state general election year until
ten days following the general election and 13 weeks prior to any special election until ten days
following the special election provided that the signs are in compliance with Minnesota Statutes.
(3) Address signs.Address identification signs not exceeding four square feet in area for each structure or
portion of a structure with an assigned address.Street identification numbers are required in all sign
districts and should be clearly visible from the street.
(4) Exempt residential signs.Properties in sign district 1 shall be allowed up to eight square feet of signage
provided that a single sign is no larger than six square feet,the signs are not illuminated,and
freestanding signs are at least five feet from any property line.
(5) Portable signs.Portable A-frame,T-frame,sandwich,or other similar signs that do not exceed six
square feet in size,are not illuminated,are located within 15 feet of the primary entrance to a building,
and are displayed only during the hours of business operation.
b, la
(6) Incidental signs.Incidental signs or signs wiKtin-a-building-provided the sign is not readily visible
readable from the public right-of-way and adjacent properties.Signs may include,Signs located on, _ Formatted:Font(Default)+Body(Calibri)
above or beside entrances or exits to buildings or driveways which direct pedestrians(e.g.
"employees entrance,""exit only,""rest rooms"), Formatted:Font(Default)+Body(Calibri),10 pt
(7) Window signs.Window signs that are inside of a building shall not require a permit but shall be in Formatted:Font(Default)+Body(Calibri),10 pt
accordance with section 78-1478,Table 1.
(8) Non-commercial signs.Any sign display or device allowed under this section may contain any otherwise
lawful noncommercial message that does not direct attention to a business operated for profit,or to a
commodity service for sale,and that complies with the size,height,and lighting requirements of this
division.
Created: 2021-04-05 11:46:26[EST]
(Supp.No.19,Update 1)
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(9) Change of copy.No permit shall be required to change the text of a sign provided the sign structure
and face is not otherwise enlarged,modified,enhanced or altered in any way.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1476.Prohibited signs.
The following signs shall be prohibited in all sign districts:
(1) Signs with moving,swinging,revolving,or rotating parts.
(2) Freestanding pole signs.
(3) Roof signs.
(4) Projecting signs.
(5) Noncompliant signs.Any sign not constructed,wired,assembled,attached,or supported in
conformance with applicable building or other codes and regulations.
(6) Signs in the right-of-way.Signs in the public right-of-way except as provided for,by Minnesota
Statutes,or allowed by the agency regulating the right-of-way.
-(7) Signs attached to public utility poles,trees,street signs,stoplights,or fences.
(8) Permanent outdoor advertising signs,including billboards.
(9) Portable signs.Portable signs shall be prohibited,except for portable A-frame,T-frame,sandwich,or
other similar signs that do not exceed six square feet in size.
(10) Signs in the clear vision area.
(11) Signs imitating traffic control signs.Signs that are designed to resemble official traffic signs except signs
which are used to control traffic on private property.
(12) Any sign,sign type,sign lighting,or sign technology not specifically listed as permitted in this division
shall be prohibited.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1477.Regulation by sign district.
For the purpose of regulating signs,the following sign districts are adopted:
District Description
1 All residential properties zoned R-1A,R-1B,LR-1A,LR-1B,LR-1C,LR-1C-1,
RR-1A,RR-1B,RR-1B-1,RS,PRD,RPUD
2 M-6,All nonresidential uses located in a residential district,including,but not limited to
Schools,places of worship,signs identifying a neighborhood.
3 B-1,B-2,B-4,B-5,B-6
4 B-3
5 I,PID
(Ord.No.2015 3rd series,§1,9-10-2018)
Created: 2e21-64-05 11:46:26[EST]
(Supp.No.19,Update 1)
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Sec.78-1478.Permitted sign type,area,height,and illumination by sign district.
All signs shall conform to the applicable standards in Table 1:Sign Standards by Sign District.The following
provisions shall also apply:
(1) Wall Sign.Wall signs shall not extend more than 18 inches from the wall they are attached to.
(2) Monument Signs.
a. No more than one monument sign shall be permitted on any site except in cases where
properties front more than one public street.For properties that front more than one public
street,one additional monument sign may be permitted provided that the additional monument
sign does not exceed half the size of the maximum sign area allowed for a monument sign in the
underlying district.
b. The sign area of a monument sign shall only be calculated using one side of the sign.If the two
sides are different sizes,the larger side shall be used for determining sign area.
c. Monument signs shall be located at least five feet from any property line and shall not project
over the property line.Clear vision shall be maintained from all streets and driveways.
d. The total area of a monument sign shall not exceed 1.5 times the permitted sign copy area of a
monument sign.The total sign area includes all sign copy,graphics,and structure.
(3) Service Area Canopy.Each edge of a service area canopy faeirg-fronting a street is permitted 25 square
feet of sign area in addition to all other sign area permitted on the site.Such signage may be
illuminated externally,internally,or backlit,put no other part of the face of the canopy shall be
illuminated.
Highlight
illuminated.
(4) Awnings and Canopies.No part of an awning or sun canopy shall be less than eight feet or greater than
12 feet above grade.Any sign area on the awning,if illuminated,will be deducted from the permitted
sign area.The fabric or material used for the awning or canopy must be opaque and no internal
illumination is permitted.
(5) Adult Use Signs.In addition to this division,all adult use oriented signs shall comply with the sign
requirements in the Sexually Oriented Business Ordinance.
Table 1:Sign Standards by Sign District
Sign Type District 1 District 2 District 3 District 4 District 5
Total Sign area on a parcel shall 1:1 1:1 1:1 1:2.5 5%of
be in proportion to the lot building
frontage on a street,described façade
by the ratio:1 foot of street
frontage to X feet of sign area,
unless otherwise noted
WALL
Maximum sign copy area— 6 sf 20 sf 60 sf 100 sf 45 sf
single sign
Max Height wall wall wall wall wall
height height height height height
Created:2021-04-85 11:46:26[EST]
(Supp.No.19,Update 1)
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Lighting(a) Not E/I/B E/I/B E/I/B E/I/B
permitted
FREESTANDING
Type(b) M M M M M
Total sign copy area 6 sf 32 sf 45 sf 45 sf 25 sf
Max Height _ 8 ft. 8 ft. 12 ft. 20 ft. 8 ft.
Lighting Not E/I/B E/I/B E/I/B E/I/B
permitted
GRAPHIC
Total sign area 8 sf 20 sf 60 sf 60 sf 45 sf
Max Height wall wall wall wall wall
height height height height height
Lighting Not E/I/B E/I/B E/I/B E/I/B
permitted
WINDOW
Maximum coverage area Not Not 35%of 35%of 35%of
permitted permitted window window window
area,-ot area,not area,--or
to to to
exceed exceed exceed
5%of 5%of 5%of •
building building ilding
facade facade facade
AUXILIARY
Max sign copy area per sign 8 sf v 8 sf 8 sf 8 sf 8 sf
Wall Height Not 4 ft. 6 ft. 6 ft. 8 ft.
permitted
Freestanding Height 4 ft. 4 ft. 6 ft. 6 ft. 8 ft.
(a)E=external,I=internal,B=backlit
(b)M=monument,P=pole
(c)Single pole support only.
(Ord.No.2015 3rd series,§1.,9-10-2018)
Sec.78-1479.Changeable message sign.
No more than 35 percent of the actual sign area of a permitted sign in a non-residential district shall be
capable of displaying changing messages.The remainder of the sign area shall not have the capability to change
messages even if not used.
a. Signage that depicts time/temperature/or fuel prices only shall not be calculated as changeable copy for
the purposes of meeting the 35%limit.
(Ord.No.2015 3rd series,§1,9-10-2018)
Created. 2021-04-05 11:46:26[EST]
(Supp.No.19,Update 1)
Page 9 of 14
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Sec.78-1480.Allocation of permanent signs on multi-tenant development sites.
In multi-tenant buildings or sites,the permitted sign area and sign types,except for freestanding signs,may
be installed by each individual business establishment that has exclusive use of some portion of the street or
otherwise primary level of the building and direct access to the outside.Tenants located on the street or otherwise
primary level in a center with a common mall or atrium shall be considered to have direct access to the outside for
the purpose of this section.The management and ownership of any business establishment proposing to install
signage must be separate and distinct from the management and ownership of any other establishment in the
same building or on the same building lot.
(1) Multi-tenant buildings and properties sign allocation.Signage for establishments occupying a multi-
tenant building or site but not located on the street or primary level of the building must be provided
from the allocation of sign area and type to the occupants of the street or primary level of the building
as determined by the property owner.
(2) Freestanding signs on multi-tenant buildings and properties.For freestanding signs,a multi-tenant
parcel shall be considered one parcel and freestanding signs shall be permitted in accordance with
section 78-1478 Table 1.In the case of multiple tenant sites,the permitted freestanding sign area shall
be allocated by the property owner among its tenants.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1481.Temporary on-premise signs.
All temporary signs shall require an approved sign permit prior to placing the sign and shall conform to the
. following:
(1) Temporary sign permit length.Temporary signs,including portable signs,streamers,pennants,
banners,inflatables,or other similar objects with a commercial message may be displayed on four Formatted:Highlight
occasions per calendar year with a maximumpf ten days for each occasion.The four occasions may be
used consecutively with one permit.Temporary sign permits are nontransferable to other properties or Formatted:Highlight
establishments on the same property.
(2) Single occupant parcels.
a. No more than one permitted temporary sign shall be permitted at any given time.The area of the
temporary signage shall not exceed one half of the permitted sign area as allowed in section 78-
1478 Table 1 for a particular sign type in the underlying sign district.
b. Freestanding temporary signs shall only be permitted in districts where freestanding signs are
permitted as allowed in section 78-1478 Table 1.
(3) Multi-tenant parcels.
a. Each individual business establishment that has exclusive use of some portion of the street or
otherwise primary level of the building and direct access to the outside qualifies for the
temporary signs permitted in section 78-1481(1).Sign permits shall not be transferrable to other
business establishments.
b. Temporary wall signage may be permitted for each individual business establishment that has
exclusive use of some portion of the street or otherwise primary level of the building and direct
access to the outside.The total temporary wall sign area for each tenant shall not exceed one
half of the permitted permanent wall sign area as allowed in section 78-1478 Table 1.Each
business shall not have more than one wall or freestanding temporary sign at a time.
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c. One temporary freestanding sign may be permitted for each individual business establishment
that has exclusive use of some portion of the street or otherwise primary level of the building
and direct access to the outside.The total area of all temporary freestanding signage for the
parcel shall not exceed one half of the permitted area of permanent freestanding signage for the
parcel as allowed in section 78-1478 Table 1.The total permitted temporary freestanding sign
area shall be allocated by the property owner or their designee among its tenants.
(4) Grand openings.New businesses with grand openings are eligible for one additional temporary sign
permit of any type permitted in the underlying sign district with an approved permit.The sign may be
in place for up to 30 days provided all other requirements in this section are met and the required
permits are obtained.This eligibility shall expire six months after the business opens.
(5) Sale.Rent,or Lease er vacant space.
a. Lots• 8uildiagseFPparcels for sale rent or lease,^•"1.--a with space for sole or Icaco may obtain a {Formatted•Indent First line: 0"
temporary sign permit for one temporary wall-or-w+eaurweaf freestanding sign per street frontage that
does not expire until seven days after the building•or-parcel is leased or sold.
- -- -- ' - - - - - • . - . •- -• A freestanding sign
shall not exceed 32 square feet in size_All other provisions in this section 78-1481 shall apply.
b.Space. Buildings with space for sale,rent or lease may obtain a temporary sign that does not expire
until the space is leased or sold,provided that the sign is not-illuminated or greater than 32 square feet
in size.
(6) Residential,commercial,industrial developments.For the purpose of selling or promoting a residential
project,its architect,engineer,developer,financer.or contractor of six-three or more dwelling units
•'" e fact;a commercial area thr-ee-aeFes-GF-foore,or an industrial area-of
teo-aeres-Or--mer-e,one sign not to exceed 9644feet of advertising surface may be erected upon the •
project site.Such sign shall not remain after 90 percent of the project is developed.One sign per street
frontage may be permitted.
(7) Temporary sign height.A temporary sign shall not exceed the height limits listed in section 78-1478
Table 1 for a permanent sign of a particular sign type in a given district,including inflatable signs and
balloons.
(8) Sign installation.A temporary sign shall be secured and well-constructed so as not to create a hazard to
pedestrians or vehicles.
(9) Illumination.Atemporary sign shall not be illuminated.
(10) Location.The permitted location of all temporary signs is subject to change as determined by the city
administrator or their designee in order to protect the public health,safety,welfare,and aesthetics.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1482.Sign standard adjustments.
Adjustments to the requirements and standards for the height,number,type,lighting,area,and/or location
of a sign or signs established by this division may be approved with a site plan review or planned unit development
process as described in Chapter 78,Article II,Division 4 and Chapter 78,Article VI of the Zoning Code.In order to
approve any sign standard adjustment,the following criteria of(1)or(2)shall be satisfied of this section,and the
necessary criteria of(3)shall be satisfied:
(1) There are site conditions that require a sign adjustment to allow the sign to be reasonably visible from
a street immediately adjacent to the site.
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(2) The sign adjustment will allow a sign of exceptional design or style that will enhance the area or that is
more consistent with the architecture and design of the site.
(3) The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district
in which the property is located or the current land use.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1483.Maintenance and repair.
All signs shall be kept in good repair and free from peeling paint,rust,damaged or rotted support,
framework or other material,broken or missing faces or missing letters.Any structure from which a sign has been
moved or removed shall be repaired with materials and/or painted or stained to match the existing background.
(1) Sign permit not required.Activities considered normal maintenance and repair and not requiring a sign
or building permit shall include activities such as replacing or repairing lamps,ballasts,transformers,
trim,sign fasteners,nuts,or washers;painting the pole of freestanding signs;and painting the cabinet
of freestanding signs or building signs.
(2) Sign permit required.For any sign that required a permit,the following activities shall not be
considered normal maintenance and repair and a permit shall be required:
a. Removing the sign for the repair of the cabinet or any part thereof.
b. Changes made to a sign's size or illumination,including,but not limited to,height,width,weight,
area,adding or removing illumination.
c. Changes in poles,structural supports,bases or shrouds,footings,or anchor bolts,moving the sign
• to a new location,or replacement of the interior or exterior cabinet frame,except the sign face.
(3) Building permit.A building permit may be required for any signs involving the construction of or
changes to a sign structure and/or electrical connections as determined by the building official.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1484.Nonconforming signs.
It is the intent of this division that nonconforming signs shall not be enlarged or expanded,nor be used as
grounds for adding other signs or uses prohibited elsewhere in the same district.It is further the intent of this
division to permit legal nonconforming signs to remain provided that such signs are safe,maintained so as not be
unsightly,and have not been abandoned or removed subject to the following provisions:
(1) Nonconforming sign continuance.A legal nonconforming sign may be continued through repair,
replacement,restoration,maintenance,or improvement but shall not be expanded or moved to a new
location.
(2) Nonconforming sign discontinuance.If the use of the nonconforming sign or sign structure is
discontinued for a period of one year,the sign or sign structure shall not be reconstructed or used
except in conformity with the provisions of this division.
(3) Nonconforming sign damaged or destroyed.Should a nonconforming sign or sign structure be damaged
or destroyed by any means to an extent greater than 50 percent of its market value and all required
permits for its reconstruction have not been applied for within 180 days of when the sign or sign
structure was damaged,it shall not be reconstructed or used except in conformity with the provisions
of this division.
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(4) Sign regulation conformance.Should a nonconforming sign or sign structure be permanently moved for
any reason for any distance,it shall thereafter conform to the regulations for the sign district in which
it is located after it is moved.
(5) Loss of nonconforming land use.An existing sign devoted to a use not permitted by Chapter 78,Article
IV of the Zoning Ordinance,in the zoning district in which it is located shall not be enlarged,expanded,
or moved except in changing the sign to a sign permitted in the sign district in which it is located.
(6) Loss of nonconforming status.When a building or use loses its nonconforming status,all signs devoted
to the structure or use shall be removed and all signs painted directly on the structure shall be
repainted in a neutral color or a color which will harmonize with the structure.
(Ord.No.2015 3rd series,§1,9-10-2018)
Sec.78-1485.Severability.
If any section,subsection,sentence,clause or phrase of this division 4 is for any reason held to be invalid by
any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this
division 4.The city council hereby declares that it would have adopted this division 4 in each section,subsection,
sentence,or phrase thereof,irrespective of the fact that any one or more sections,subsections,sentences,
clauses,or phrases be declared invalid.
(Ord.No.2015 3rd series,§1,9-10-2018)
Secs.78-1486-78-1490.Reserved.
•
• Sec.78-1373.-Gas stations.
Motor fuel stations in all districts shall be subject to the following performance standards:
(1)Fencing.A fence,wall or landscaping of acceptable design not over six feet or less than five
feet in height shall be constructed along the property line when the use abuts property residentially
used or in an R district,and the fence shall be adequately maintained.Application of this provision
shall not require a fence within the required front yard or within 15 feet of any street right-of-way
line.
(2)Surfacing.The entire site other than that taken up by a structure or planting shall be surfaced
with a material to control dust and drainage.
(3)Drainage.A drainage system subject to approval of the city engineer shall be installed.
(4) Curbs.A box curb not less than six inches above grade shall separate the public right-of-way
from the motor vehicle service areas,except at approved entrances and exits.
(5)Lighting.The lighting shall be accomplished in such a way as to have no objectionable direct
source of light visible from the public right-of-way or adjacent land in residential use.
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(6)Pumps. Pump islands shall be installed and conform to yard requirements.
(7)Driveways.No driveway at a property line shall be less than 30 feet from the intersection of two
street right-of-way lines.
(9)Sales prohibited. No sales of motor vehicles shall be permitted except as an integral part of a
new car agency.
(10)Number limited.Two stations only will be permitted at the same intersection.Two such
stations shall be permitted within each district without council approval.
(Code 1984,§10.61(18))
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