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HomeMy WebLinkAboutOrdinance - 21-2022 - Amending City Code Chapter 11 Relating to the Sign Code - 10/27/2022CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.70, RELATING TO SIGNS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.70, Subdivision 3 is hereby amended by adding the following new definitions: Awning Sign means a sign that is integrated into a roof like structure projecting over a window, doorway, deck, patio, or storefront. Incidental Sign means an onsite, freestanding sign that is supplemental to the principal use of the site and is orientated for viewing by vehicular and pedestrians onsite. Sandwich Board Sign means a self-supporting, A-shaped, freestanding temporary sign with two visible sides that is situated adjacent to a business, typically on a sidewalk. Section 2. City Code Chapter 11, Section 11. 70, Subdivision 4, Subsection E is hereby amended by deleting the word "containing". Section 3. City Code Chapter 11, Section 11. 70, Subdivision 4, is hereby amended by adding the following new subsections: S. Incidental signs may be no larger than six (6) square feet with a sign base of no more than three (3) square feet. The maximum height for an incidental sign is six ( 6) feet. T. Where permitted by Subdivision 5, no more than one (1) sandwich board sign is permitted per lot or parcel of record unless the lot or parcel contains multiple tenants, in which case one (1) sandwich board sign per tenant is permitted. A sandwich board sign may not be located within any required setbacks, vehicular travel lanes, or within a parking stall and must not obstruct any pedestrian pathways. Sandwich board signs may only be displayed during the operating hours of the user or tenant displaying the sign. U. Signs that identify the address of a building are required by the State Building Code and State Fire Code and are permitted in all districts. Any address- identification sign less than six (6) square feet will not count toward a building's maximum square foot allowance for wall signs. Section 4. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection A, is hereby amended in the first line by deleting the phrase ", TOD-R, and TC-R; and TOD-MU and TC-MU if the project includes residential uses". Section 5. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection A, Item 1 is hereby deleted in its entirety and replaced with the following: 1. Wall Signs. For the R, R-1 and RM-6.5 zoning districts, one (1) wall sign per building not greater than six (6) square feet in area. For the RM-2.5 zoning district, the total wall signage permitted is twenty-five (25) square feet per street frontage. Section 6. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection A, is hereby amended by adding the following new item: 4. Incidental signs are permitted in the RM district as provided in Subdivision 4. Incidental signs are not permitted in the R or R-1 districts. Section 7. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection B, is hereby amended in the first line by deleting the words", and TC-C; and TOD-R, TOD-MU and TC-MU ifthe project contains commercial uses". Section 8. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection B, is hereby amended by adding the following new items: 5. Incidental signs are permitted as provided in Subdivision 4. 6. Sandwich board signs are permitted as provided in Subdivision 4. Section 9. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection C, is hereby deleted in its entirety and replaced with the following: C. Office District. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel ofrecord has two (2) or more frontages, one (1) free- standing sign not to exceed eighty (80) square foot sign is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line. d. Height. Free-standing signs may not exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (lh) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. For fa<;:,ades with street frontage, the total area of wall signage may not exceed fifty (50) square feet when the surface area of the wall does not exceed 2,500 square feet. When the surface area exceeds 2,500 square feet, the total area of wall signage may not exceed two percent (2%) of the total surface area, not to exceed a maximum sign area of one hundred fifty (150) square feet. b. For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor not to exceed thirty (30) square feet is permitted in addition to the signage allowed in item 2.a above. c. Square foot allowances for wall signs may be divided between multiple signs so long as the total square footage per fa<;:,ade does not exceed the maximum allowed in this item 2. 3. Temporary signs are only permitted as provided in Subdivision 4. 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. Section 10. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection D, is hereby amended in the first line by deleting the phrase"; and TOD-E if the project includes industrial uses". Section 11. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection Dis hereby amended by adding the following new items: 5. Incidental signs are permitted as provided in Subdivision 4. 6. Sandwich board signs are permitted as provided in Subdivision 4. Section 12. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection Fis hereby amended by adding the following new items: 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. Section 13. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection G is hereby amended by adding the following new items: 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. Section 14. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection His hereby amended by adding the following new items: 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. Section 15. City Code Chapter 11, Section 11.70, Subdivision 5, is hereby amended by adding the following new subsection I: I. Town Center and TOD Districts: TOD-E, TOD-MU, TOD-R, TC-C, TC-R, and TC-MU. 1. Free-standing Signs. a. For TOD-E, TOD-MU, TC-C and TC-MU, a lot or parcel ofrecord having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet. b. For TOD-E, TOD-MU, TC-C and TC-MU, where a lot or parcel ofrecord has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are exempt from this distance requirement. c. For the TOD-Rand TC-R districts, one (1) sign not to exceed thirty-two (32) square feet is permitted per street entrance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. d. Setback. Signs need not be setback from the property line, so long as there is no conflict with public utilities or traffic sight lines as determined by the City Engineer. e. Height. Maximum height may not exceed twenty (20) feet when located along arterial roadways. The location of the sign must be on the side of parcel abutting the arterial roadway. When located along collector, local, or private roadways, maximum height may not exceed eight (8) feet. f. Sign Base. The sign base may not exceed one-half (Yz) the maximum permitted sign area. g. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. h. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, a wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet. b. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual tenant wall sign in a multi-tenant building exceed three hundred (300) square feet. c. In the TOD-Rand TC-R districts and for residential portions of mixed-use buildings, twenty-five (25) square feet of wall signage located at the ground floor of the building is permitted per street frontage. In addition to the signage allowed at the ground floor, residential pmiions of buildings, either single or mixed-use, are allowed one (1) wall sign above the ground floor. Signs located above the ground floor are allowed ten (10) square feet of sign area per story of the building, up to fifty (50) square feet. The size of the sign must correlate to the sign's location on the building, not the overall height of the building, as outlined in the following table. The ground floor sign allowance may not be added to upper story sign allowance to create one or more signs larger than 50 square feet. Sign Location on Building Exterior Upper Story Maximum Sign Area 1st story 25 sq ft 211 d story 25 sq ft 3rd story 30 sq ft 4th story 40 sq ft 5th story or higher 50 sq ft d. Wall signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area. 3. Projecting signs are permitted in all TOD and TC zoning districts. Projecting signs will be counted as part of the total allowable wall signage but the area of the projecting sign will not be counted as part of the total wall area. A projecting sign may not exceed ten (10) square feet. The distance between sign faces must be no more than twenty (20) degrees or twelve (12) inches. Projecting signs are limited to a projection distance of not more than four (4) feet from the building favade onto which it is attached. A projecting sign may not project into the public right- of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Signs may not project onto private property without an encroachment agreement that has been approved by the City and recorded with the County. 4. Awning signs are permitted in all TOD and TC zoning districts. An awning sign is permitted only as an integral part of the awning to which it is attached or applied and must be parallel to the building. Awning signs will be counted as paii of the total allowable wall signage for the building but the awning area will not be counted as part of the total wall area. Signs on awnings are permitted on both the awning flap (valance) and awning face (shed). Awning signs extending over a public sidewalk are limited to a projection distance of not more than four (4) feet from the building favade onto which it is attached. An awning may not project into the public right-of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Awning signs may not extend onto private property without an encroachment agreement that has been approved by the City and recorded with the County. 5. Temporary signs are permitted only as provided in Subdivision 4. 6. Parking Structures. Parking structures are allowed twenty (20) square feet of wall signage per entrance to the structure. Signs must be located near the entrance to the parking structure. 7. Incidental signs are permitted as provided in Subdivision 4. 8. Sandwich board signs are permitted as provided in Subdivision 4. Section 16. City Code Chapter 11 Section 11. 70, Subdivision 7, Subsection B is hereby amended by deleting Item 5 in its entirety and replacing it with the following new Item 5: 5. Incidental signs. Section 17. City Code Chapter 11 Section 11.70, Subdivision 7, Subsection Bis hereby amended by adding the following new Item 8: 8. Sandwich board signs. Section 18. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 19. This ordinance shall become effective from and after its passage and publication. FIRST READ at regular meetings of the City Council of the City of Eden Prairie on the 6th and 20th days of September, 2022, and finally read, adopted, and ordered published at a regular meeting of the City Council of said City on the 18th day of October, 2022. Ronald A. Case, Mayor Published in the Sun Sailor on the 27 111 day of October, 2022. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 21-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING IN ITS ENTIRETY CITY CODE CHAPTER 11, SECTION 11.70, RELATING TO SIGN REGULATIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Section 11. 70 relating to signs by creating sign regulations for all Town Center (TC) and Transit Oriented Development (TOD) zoning districts, amending wall sign regulations in the RM-2.5 zoning district, amending sign regulations in the Office zoning district, instating incidental sign regulations, and otherwise revising and updating the regulations. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ~~ Nicole Tingley,G~ Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on October 27, 2022. (A full copy of the text of this Ordinance is available from City Clerk.) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Debbie Schwalba being duly sworn on ·an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SS Mtka_Excelsior_Eden Prairie with the known office of issue being located in the county of: ; HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied With all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §33 lA.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week , for 1 successive week(s); the first insertion being on 10/27/2022 and the last insertion being on 10/27 /2022 . MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580 .033 relating to the publication of . mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located; a substantial portion of the ne wspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirffied before me on 10/27/2022 by Debbie Schwalba . DARLENE MARIE MACPHERSON NOTARY PUBLIC -MINN ES OTA My Com mission Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid b y co=ercial users for comparable space: , $61.35 per column inch , Ad ID 1267539 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 21-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING IN ITS ENTIRETY CITY CODE CHAF>TER 1.1, SECTION 11.70, RELATING TO SIGN REGULATIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER .1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- SOTA, ORDAINS: Summary· This ordinance amends City Code Section 11 . 70 relating . to signs by creating sign regulations for all Town Center (TC) and Transit Ori,ented Development (TOD) zon ing d istricts , amend ing wall sign regulations· in the RM- 2.5 zoning district, amending sign regulations in the Office zoning dis- trict, instating incidental sign regu- lations, and otherwise rev ising and updating the regulations . Effective Date: This Ordinance shall take effect upon publication. A full copy of the text of this Or- dinance is available from City Clerk. Ronald A. Case, Mayor ATTEST: Nicole Tingley, City Clerk Published in the Sun Sailor October 27 , 2022 1267539