HomeMy WebLinkAboutOrdinance - 152 - - { VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 152
AN ORDINANCE PROVIDING FOR THE REGULATION
AND LICENSING OF ADVERTISING SIGNS.
The Village Council of the Village of Eden Prairie does ordain:
Section 1 . Definitions
Subd. 1 . ) Sign. A name, identification, description, display, illustration,
structure, or device which is affixed to or painted, or re-
presented directly or indirectly upon a building or other surface
not within a building and which directs attention to an abject,
product, place, activity, person, institution, organization, or
business.
Subd. 2.) Sign Area. The entire area within a single continuous perimeter
enclosing the extreme limits of such sign, exclusive of
embellishments, and in no case, passing through or between an
adjacent element; however, such perimeter shall not include any
structural elements lying outside of such sign and not forming
an integral part of the display.
Subd. 3.) Sign Advertising. A sign which directs attention to a business
or profession or to the comnmodi ty, service or entertainment not
sold or offered upon the premises where such sign is located or to
which it is attached.
Sign Ordinance (2)
Section 2. Advertising Sign Zones
Subd. 1.) No adverti sing si gn shai 1 be permi tted excep t i n a 1 ocati on whi ch
the Village Council has designated as an IlAdvertising Sign Zone."
Advertising Sign Zones may be established by the Village Councit
in the same procedural manner as prescribed for amendments to
Ordinance 135 (Section 19). No Advertising Sign Zone shall be
established until and unless the Council shall find as follows:
a) The establishment of Vie Advertising Sign Zones shall
serve to assist in achieving the objectives of
Ordinance 135 (Subd. 1.2) and the purposes of the
zoning district within which the zone is situated.
b) The erection of advertising signs within the Advertising
Sign Zones will not visually interfere with the view
between any public street, highway or property or any .
residential zoning district and a place of significant
scenic quality such as a lake, river valley, park or
moraine. ..
In establishing an Advertising Sign lane the Council may adopt
whatever special conditions it deems are appropriate in order to
achieve the objectives and purposes of Ordinance 135.
Section 3. Permits
Subd. 1. ) Wo person shai 1 erect an adverti sing sign, or have an adverti sing
sign erected on his property without there first having been
obtained a permit to do so from the Village Manager or his
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designated representative. The person erecting the sign shall
make application for a permit in the manner prescribed by the
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Village Manager and shall submit written proof of a valid lease
to said property. The Manager or his representative shall
investigate both the proposed sign and the location at which
Sign Ordinance � )
it is proposed to be erected. The Manager shalt issue the
permit upon making the fol 1 owi ng findings.
a) An advertising sign permit fee of $50 for
advertising signs of less than 300 sq. ft. and
$200 for those in excess of 300 sq. ft. has been
paid.
b) The advertising sign is to be erected within a
designated Advertising Sign Zone and conforms
to all conditions attached to such designation
by the Council .
c) The advertising sign area does not exceed 700
square feet.
d) The width of the advertising sign including
extensions does not exceed 55 feet.
e) The height of the advertising sign excluding
extensions does not exceed twenty-five feet
(251) above the undisturbed ground upon which
it is erected. Signs of greater height may be
. permitted provided their height does not exceed
twenty-five feet (251 ) above the grade level of
the hi ghway f tom whi ch i is i s to be vi ewed. An
extension of'not taore than 76 .sq-, f t- of area
may project not more than 516" above the height
of the basic sign face provided such extension
does not encompass more than 25;b of the top
perimeter of the sign. Extension surfaces shall
be an intergral portion of the main sign face.
Top letters or surfaces separated from the main
sign face shall not be permitted.
f) The advertising sign is affixed to any part of a
building or unrelated structure does not project
above the top or roof of such structure.
g) The visible face of the advertising sign is not
within 500 lineal feet of a limited access
thoroughfare acceleration, deceleration, ramp,
merge, intersection or directional or lane change
facility, or within 200 ft. of such a facility on r
any other type highway. !
h) Not more than one advertising sign facing is ?
visible within 2000 feet of contiguous roadway {
/ length on a major limited access thoroughfare
` t (61 -70 mph) ; not more than one advertising sign
i facing is visible within 1000 feet of contiguous
1 roadway length on ail remaining streets and roads.
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Sign Ordinance (4)
i ) The advertising sign is to be erected in a location
which utilizes available higher terrain or tree cover
as a backdrop for the sign.
j) The advertising sign is not to be erected upon a
land prominence so as to unnecessarily protrude
into the natural skyline as viewed from the adjacent
highway.
k) The advertising sign does not contain any moving,
flashing or similar distracting devices.
1 ) The advertising sign is structurally sound, does
not include any unnecessary upright support
structure and is constructed of materials that
require little or no maintenance.
m) The advertising sign is not located within the required
minimum yards prescribed in Ordinance 135 for the
zoning district in which the sign is situated.
In the event the Manager does not make the required findings he shall
advise the applicant in writing that the permit has been denied and
state the reason or reasons.
Section 4. Advertising Sign License
Subd. 1. ) Tie owner or installer of the advertising sign shall annual l�
file an application with the Village Manager for a license
permitting the display of the advertising sign. Licenses
must be obtained for all new and existing advertising signs.
The licenses application shall be in the form and manner
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prescribed by the Manager. Such application shall include
an annual license fee of one-half the permit fee for all
advertising signs. Licenses shall expire on March 15th of
each year and applications for renewals must be filed by not
later than March I .
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Sign Ordinance (5)
fSubd. 2. ) The Village Manager or his designated representative shall
review each application and shall make the same findings. heretofore
required for an advertising sign permit before issuing the re-
quested license. In addition the Manager shall find that the
advertising sign and the property upon which it has been erected
have been maintained in a safe and nuisance free condition. If
sign faces are missing or unpainted for more than 30 total days
in any one year period such sign shall be considered to be a
nui sance.
Subd. 3. ) The Manager shall have a license tag installed on every advertis'.r-,
sign for which a license has been issued.
Subd. 4. ) 'then a license application is denied, the Manager shall notify
{T the applicant in writing of the reasons for the denial .
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Section 5. Advertising Sign Violations-Removals
Subd. 1. ) Except as provided below, if the Village Manager or his
designated representative shall find that any advertising sign
regulated by this ordinance has been erected or maintained in
any manner inconsistent with the provisions of this ordinance
or if any advertising sign has been erected without first obtain-
i ng a permi t to do so or i s unl i censed, he shal 1 gi ve wri tten
notice of such violation to the advertising sign owner or
installer and/or the owner of the property upon which the i
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advertising sign is erected. If the advertising sign owner or
installer or property owner fail to remove or alter the advert r,'Ing
/ sign or to secure the required permit or license so as to no.mply
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with the provisions set forth in this ordinance within ten
Sign Ordinance (6) ..
calendar days following receipt of said notice:
a) such sign shall be deemed to be a nuisance
and may be abated by the Village proceedings
taken under Minnesota Statutes, Chapter 429,
and the cost abatement, including admin-
istration expenses, may be levied as a special
assessment against the property upon which the
sign is located; or
b) such permi ttee or owner may be prosecuted for
violating this ordinance and if convicted shall
be gui 1 ty of a misdemeanor, and subject to a
fine of not exceeding $300 or imprisonment for
a period of not exceeding 90 days. Each period
of ten days within which the sign is not removed
or altered shall be deemed to constitute another
violation of this ordinance and punishable as a
misdemeanor hereunder.
Subd. 2. ) for any advertising sign for which a permit and license has
heretofore or wi l 1 hereafter be legally obtained but for
which a license renewal has been denied, the Manager shall >
advise the license applicant that the sign shall be removed
within six months or by a date six years after the date the
initial permit for the sign was issued. whichever is the later.
Subd. 3. ) In the event the sign has been sold within the six (6) years
preceding the effective date of this ordinance or has been
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substantially rebuilt or altered during that same period the
Council may extend the required removal date to up to six (6)
years from the date of sale or alteration if it finds that i
such extension does not seriously interfere with the permit
or i i cen se standards of this ordinance and the objectives
and purposes of Ordinance No. 135.
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f Sign Ordinance (7)
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Subd_ 4. ) The Village Manager shall have advertising signs inspected
frequently to assure compliance with the provisions of this
ordinance and shall maintain appropriate records of all permits,
licenses and actions resulting from the enforcement of this
ordinance.
Section 6. Appeals
Subd. 1 . ) A permi t or i i cense appl i cant or hol der may appeal any order
or determination made by the Village Manager or his designated
representative pursuant to this ordinance by filing a notice
of appeal with the Village Clerk requesting a hearing before
the Board of Appeals and Adjustments in accordance with Subd. 17.2,
(� Ordinance 135. The Board shall hear and decide appeals in the
following cases:
a) Appeals where it is alleged that there is an error
in any order, requirement, decision, or determination
made by an administrative officer in the enforcement
of this ordinance.
b) Requests for variances from the literal provisions
of this ordinance in instances where their strict
enforcement would cause undue hardship because
of circumstances unique to the individual property
or proposal under consideration.
Secti on 7. Penalty
Any person convicted of violating this ordinance shall be guilty
of a misdemeanor and upon conviction thereof shall be punished
by a fine in an amount not exceeding $300, or imprisonment for
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a period of not to exceed ninety (90) days.
Sign Ordinance (8)
Section 8. Effect
This ordinance shall be published in the Eden Prairie
Sun Newspaper and shalt became effective on June 1 , 1971.
First read at a regular meeting of the Council of the
Village of Eden Prairie, this 23rd day of March, 1971, and finally
read and adopted at a regular meeting of said Village on the 27th
day of April , 1971 .
av ,f. Osterhol t, Mayor
of the Vi l l age of Eden Prairie
ATTEST:
Edna M. Nolmg er n, VillFage Clerk
Published in the Minnetonka-Eden "rairie Sun on May 6, 1971.
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AFFIDAVIT OF PUBLICATION
Minnetonka - Eden Prairie Sun '
6601 W. 78th St. Bloomington, Minnestd �s � w►'
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J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stater tPi4s►po[lsaoIaalwaso9Ml
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has been the vice president and printer of the newspaper known as The Minnetonka-Eden Prairb, 7770
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Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed k ti 'PaVaaasrt$WOa"!s F_W r:e
the English language in newspaper format and in column and sheet form equivalent in printetI'psl�ipsi:ao plow 1
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at leas apiws''LtlPoaaRl.all,ap(wsl ;'
once each week. (3) Said newspaper has 50% of its news columns devoted to news of loca''OtdJWssaa e.00.ao1400RsswAra►
Interest to the community which it purports to serve and does not wholly duplicate any other -l'-.., 'AkaweaJoveapsmataw
publication and is not rnade up entirely of patents, plate matter and advertisements. (4) Sait'�]W10a � lppO
newspaper is circulated in and near the municipality which it purports to serve• has at least W9 1
500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total', t170a(0� tpsnls11
circulation currently paid or no more than three months in arrears and has entry as second ,
class matter in its local post-office. (5) Said newspaper purports to serve the City of Mine-1pWID Muwyatw>r sPrpgt•,'
tonka and Village of Eden Prairie in Hennepin County and it has its k.noa•n office of issue,:
tan s�psa'al ;•Wv aflg ('a p9pa i
In the City of Bloomington in Hennepin County, established and open during its regular;x p.r pspagps, ;
business hours for the gathering of news, sale of advertisements and sale of subscriptions and -bj, "g*W10,
maintained by the managing officer or persons in its employ and subject to his direction anti Wfio(t4o�ssptigala(pgpl9a►
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control during all such regular business hours and devoted exclusively during such regular'aoylo w •raids,
business hours to the business of the newspaper and business related thereto. (6) Said newspaper, lPq m'Pp7s a41
filesa copy of each issue immediately with the State Historical Society. (7) Said newspaper has p .�Vd��►ggppj '
complied with all foregoing conditions for at least two y gsNsa»lil ro`a�dtap
p g g years preceding the day or dates of `sppsoq)tpoapi sa4st Y„ CT p4s6
publication mentioned below. (8) Said newspaper has filed with the Secretary of State of "nM
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form gspp {►�I�d u
prescribed by the Secrete y p newspaper A A T a Secretary of State and signed b the publisher of said news a er and sworn -- 'aN0)IRtla�UsiL�iAQ1IJD
to before a notary public stating that the newspaper is a legal newspaper. 0kOfl111i'1Ti•4wI -,WLRtl('J1It1w ML
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Ordinance No. 152
He further states on oath that the printed
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hereto attached as a art hereof was cut from the columns of said new printed
p newspaper, and was
and published therein in the English language, once each week, for `'ne successive weeks; ,] y'�t�i il4jle h
i!Q 6� '���' dot•: r„�'' . ti
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that it was first so published o*+ the day of 19
off.` " � `�41
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and was thereafter printed and published on every to and including
the day of 19-- and that the following is a printed copy
of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being 7.
the size and kind of type used in the composition and publication of said notice, to wit:
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abedefghi jklmnopgrstuvwxyz
abcdefahijklmnopgrstuwtys W1¢a� ir F �i
Subscribed and sworn to before me thin 6t',., day of Nz-1 Y 29 T1
(Notarial Seal)
Alice J. Nelson, Notary 1'ubJit, Hennepin County, Minn. p
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My Commission Expires December 26, 1973
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CITY OF EDEN.PRAIRIE'ORDINANCES.
ORD. NO. TITLE 1ST 2ND PUB
r 153 Amending Ordinance 84 4/27/71 5/11/71 5/20/71
154 Rezoning 5/25/71 6/8/71 6/17/71
155 Amending Ordinance 97 relating to the volunteer 6/8/71 6/22/71 7/1/71
fire department
156 Amending Ordinance 41 6/22/71 7/13/71 7/19/71
157 Regulating plumbing and gas fitting work 6/22171 7/13/71 8/12/71
158 Regulating the sale of intoxicating liquor by 7/13/71 7/27/71 8/5/71
certain clubs
159 Amending Ord. 152 and establishing advertising 7/13/71 7/27/71 8/5/71
sign zones
160 Regulating pedestrian and vehicular traffic 9/14/71 9/28/71 10/14/71
161 Amending Ordinance 93 9/28/71 10/12/71 10/21/71
162 Rezoning -Oak Manor aka Fairway Wood 1st 9/28/71 10/12/71 3/23/72
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163 --FAmending Ordinance 93 10/26/71 12/14/71 =12/30171
164 Rezoning St. John's Wood 1/25/72 3/14/72 3/23/72
165 Establishing water and sewer utility rates, rules 3/14/72 3/28/72 4/6/72
and regulations
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