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HomeMy WebLinkAboutOrdinance - 18-91 - Amending Zoning Code Sign Regulations - 07/16/1991 CITY OF EDEN PRAIRIEI HENNEPIN COUNTY, NIINNESOTA ORDINANCE NO. 18-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, IOTA AMENDING CITY CODE SECTION 11.70, ENTITLED "SIGN PERIVIITS" RELATING TO THE REGULATION OF CERTAIN 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, MJNNESOTA, ORDAINS: Section 1. City Code Section 11.70 is amended to read as follows: SEC. 11.70. SIGN PERMITS. Subd. 1. Purpose and Intent. The purpose of this Section is to protect and promote the general welfare, health, safety, and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public right-of-way or private properties. The provisions of this Section are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for the visual amenities on the part of those designing, displaying or otherwise utilizing needed communicative media of the types regulated by this Section; while at the same time assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: 1. "Accessory Sign" -An identification sign relating in its subject matter to or which directs attention to, a business or profession, or to the commodity, service or entertainment sold or offered upon the,premises where such sign is located, or to which it is attached. 2. "Address Sign" - Postal identification numbers and/or name, whether written or in numeric form. 3. "Area Identification Sign" - A free-standing sign located at an entranceway to a residential development identifying such development having a common identity when said sign is located upon the premises which it identifies. 4. "Banners and "Pennants" - Attention-getting devices which resemble flags. 5. "Canopy and Marquee" - A rooflike structure projecting over the entrance to a building. 6. "Directional Sign" - A sign which is erected on private property by the owner of such property for the purpose of guiding vehicular and pedestrian traffic. Such signs bear no advertising information. 7. "Directional Signs for Churches, Schools, or Publicly Owned Land or Buildings" - A sign which bears the address and/or name of a church, school, or publicly owned land or building and a directional arrow pointing to said location. Source: Ordinance No. 37-83 Effective Date: 9-30-83 8. "Free-standing Sign" -A pylon or monument sign which is placed in the ground and not affixed to any part of any structure. 9. "Height" - The distance between the uppermost portion of the sign and the average natural grade of the ground immediately below the sign. 10. "Illuminated Sign" - Any sign which is illuminated by an artificial light source. 11. "Institutional Sign" - Any accessory sign which identifies the name and other characteristics of a public or private institution, such as convalescent, nursing, rest, • boarding care home or day care center. 12. "Menu Board Sign" - Any sign which has a message related to the site's food service and the copy is manually changed. 13. "Motion Sign" - Any sign which revolves, rotates or has any moving parts or message. 14. "Multi-tenant" - Structures containing two or more businesses, uses or occupants. 15. "Nameplace or Identification Sign" -An accessory sign which bears only a name and/or address. 16. "Neighborhood/Sector Sign" -A free standing sign which identifies by name, the section of the City designated on the official sector map. 17. "Newspaper Receptacle" - A box or container intended for the temporary storage of newspapers or magazines prior to delivery. 18. "Newspaper Vending Machines" - A coin-operated machine from which newspapers are sold to the general public. 2 19. "Non-Accessory Sign" or "Advertising Sign" - A sign relating in its subject matter to, or which directs attention to, a business or profession, or to the commodity, service or 40 entertainment not sold or offered upon the premises where such sign is located, or to which it is attached. 20. "Non-conforming Sign" -A sign which lawfully existed immediately prior to the adoption of this Section, but does not conform to the newly enacted requirements of this Section. 21. "Parapet Wall" -An architecturally, structurally and aesthetically integral wall extending above the roof level, continuously around the perimeter of the building which has the primary purpose of screening mechanical equipment. 22. "Permanent Sign" - Any sign which is not a temporary sign. 23. "Planned Unit Development Area Identification Sign" - A free-standing sign located at an entrance way to a Planned Unit Development identifying a Planned Unit Development land development having a common identity when said sign is located upon the premises which it identifies. A PUD area identification sign may not identify a tenant or tenants. Source: Ordinance No. 261 Effective Date: 10-25-74 24. "Portable Sign" - A sign so designed as to be movable from one location to another which is not permanently attached to the ground or any structure. 25. "Projecting Sign" - Any sign attached to a building, all or part of which extends more than 12 inches over public property, easements, or private pedestrian space, or which extends more than 12 inches beyond the surface of the portion of the building to which it is attached or beyond the building line. 26. "Readerboard Sign" - Any sign having a message not permanently affixed to the sign face, and the copy is manually changed. 27. "Religious Symbols" - Pictures, designs, sculptures, or similar objects that stand for or suggest religious faith, ideas, or qualities. Source: Ordinance No. 37-83 Effective Date: 9-30-83 28. "Roof Sign" -Any sign erected upon or projecting above the roof of a structure to which it is affixed except signs erected below the top (the cap) of a parapet wall. Source: Ordinance No. 114-84 Effective Date: 10-31-84 3 Is 29. "Shielded Light Source" - Means that all light elements will be diffused or directed to eliminate glare and housed to prevent damage or danger. Direct illuminated signs must be shielded with a translucent material of sufficient opacity to prevent the visibility of the light source. Indirect light sources must be equipped with a housing and directional vanes. The lights must not be permitted to interfere with traffic signalization. 30. "Sign" - Any letter, word or symbol, device, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures which is displayed for informational or communicative purposes. 31. "Sign Area" - That area which is included in the smallest rectangle which can be made to circumscribe the sign. The stipulated maximum sign area for a free-standing sign refers to a single facing and does not include vertical structural members below the sign face. 32. "Sign Base" - The sign base of a sign shall be any supportive structure below or surrounding the sign area which has location on the ground. The sign base shall not exceed one half the maximum sign size permitted in the zoning district. Source: Ordinance No. 9-87 Effective Date: 5-06-87 33. "Signage Program" - Any application for approval of construction or display of one or more signs under this Section. 34. "Sitting Facility Sign" - A sign which is affixed to a seating facility or enclosure at a transit facility stop. Source: Ordinance No. 261 Effective Date: 10-25-74 35. "Street Frontage" - The abutting of a parcel of land to one or more streets, An interior lot has one street frontage, and a corner lot has two such frontages. Each allowed sign must relate to the street frontage generating the allowance. 36. "Temporary Sign" - A sign which is erected or displayed for a limited period of time. 37. "Traffic Sign" - A sign which is erected by a governmental unit for the purpose of regulating, directing or guiding traffic. 4 38. "Wall Area" - Is computed by multiplying the distance from the floor to the roof times the visible continuous width including windows and doors of the space occupied by the sign owner. Source: Ordinance No. 114-84 Effective Date: 10-31-84 39. "Wall Sign" - Any sign which is affixed to a wall of any building. Subd. 3. General Provisions Applicable to All Districts. A. Prohibitions. 1. Non-accessory signs are prohibited in all districts, except in areas where Section 11.71 permits advertising signs, subject to the conditions imposed by Section 11.71 upon advertising signs, (and except as otherwise expressly permitted in this Section 11.70). Source: Ordinance No. 105-84 Effective Date: 09-19-84 2. Accessory signs are prohibited in all districts, except as authorized by this Section. B. All signs shall be constructed in such a manager and of such material that they shall be safe and substantial, provided that nothing in this Section shall be interpreted as authorizing the erection or construction of any sign not now permissible under the zoning or building provisions of the City Code. All signs must be maintained in a safe non- deteriorating manner. Cracked, broken or bent, glass, plastic, wood or metal and burnt- out light bulbs and peeling, faded, or cracked paint must be repaired, replaced, or removed. C. No illuminated sign which changes in either color or intensity of light, flashes, scrolls, or is animated shall be permitted except one giving time, date, temperature, weather or similar public service information. The City Manager, or the City Manager's designee, in granting permits for such signs shall specify the hours during which same may be kept lighted when necessary to prevent the creation of a nuisance. Such signs shall have a shielded light source and concealed wiring and conduit and shall not interfere with traffic signals. Said signs shall not exceed 50 square feet in size. Only one such sign shall be permitted per lot. Said signs shall conform to the district regulations contained herein. (Ordinance 1-90) D. No sign other than governmental signs shall be erected or temporarily placed within any street right-of-way, or upon any public easement. 5 E. A permit for a sign to be located within 50 feet of any street or highway regulatory or warning sign, or of any traffic sign or signal, or of any crossroad or crosswalk, will be issued only if: 1. The sign will not interfere with the ability of drivers and pedestrians to see any street or highway sign, or any traffic sign or signal, or any crossroad or crosswalk, and, 2. The sign will not distract drivers, nor offer any confusion to any street or highway sign, or any traffic sign or signal, and, 3. The sign will not obstruct the clear visibility for sign of traffic and/or pedestrian movement. F. Roof signs are prohibited in all districts. G. Air inflated devices, banners, pennants and whirling devices, or any such sign resembling the same, are prohibited from use within the City except when used in conjunction with grand openings (the initial commencement of business). In the case of grand openings, air inflated devices, banners and pennants shall be allowed for the week or part thereof, of said grand openings. -Air inflated devices may not be attached to or placed on the building and may not exceed the building height permitted by Code. On the Monday following such opening, all such displays shall be removed. H. Campaign signs posted by a bona fide candidate for political office or by a person or group promoting a political issue, or a political candidate, may be placed in any district provided that only one sign per political issue, political candidate, per housing unit is allowed. Signs may be placed in any district. These signs may be placed.from August 1 and shall be removed within ten (10) days after the election. I. One temporary identification sign may be installed upon any construction site in any district denoting the name of the project, architect, engineer, contractor, subcontractor and suppliers, provided such sign does not exceed 32 square feet in area and ten feet in height. Such signs shall be removed upon completion of construction, or the occupancy of the building, whichever occurs first. J. Temporary real estate signs may be erected on the project site for the purpose of selling or promoting a residential project of 15 or more buildings with a gross floor area in excess of 300,000 square feet provided: 1. Such signs shall not exceed 100 square feet in area. 6 2. Only one such sign shall be permitted per street frontage upon which the property abuts. 10 3. Such signs shall be removed when the project is 80% completed, sold or leased, but not to exceed two years from the date of issuance of a permit, and, 4. Such signs shall be located no closer than 100 feet to any pre-existing residence. K. Temporary real estate signs for the purpose of selling or leasing individual lots or buildings shall be permitted on the site being sold or leased provided: 1. Such signs shall not exceed six square feet for residential property, 32 square feet for undeveloped non-residential property, or structures with less than 90% occupancy (as measured by floor area). 2. One sign per lot, parcel or structure is permitted. 3. Such sign shall be removed within seven days following lease or sale. 4. Such signs shall not exceed ten feet in height. L. One United States flag, one Minnesota flag, one educational, civic or religious flag may be displayed upon a lot. Each flag may not exceed 100 square feet in size. Flagpole height must comply with height regulations contained in Section 11.03, Subdivision IF of the City Code. M. The total sign area of any multi-faced free-standing sign shall not exceed twice the permitted area of a single faced sign. N. A directional sign shall not exceed 6 square feet in area. The total of all directional signs upon a site shall not exceed 36 square feet. O. Motion signs are prohibited in all districts. P. No portable signs shall be permitted. Q. Projecting signs are prohibited in all districts. R. Address signs shall not exceed six square feet for residential and forty square feet for non-residential. One sign shall be required per building. One additional sign is allowed per street frontage in excess of one street frontage. S. Sitting facility signs noting the transit operator or service shall be permitted only at transit stops. Source: Ordinance No. 261 Effective Date: 10-25-74 T. Directional signs for churches, schools, or publicly owned land or buildings shall be allowed as permitted by Subdivision 4 hereof. Source: Ordinance No. 37-83 Effective Date: 9-30-83 U. Canopies, marquees and parapet walls shall be considered to be an integral part of the structure to which they are accessory. Signs, if accessory, may be attached to a canopy, marquee or parapet wall, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. V. Signs which are located on the interior of a building and are not visible from outside of said building shall be exempt from the provisions of this Section, and shall not require permits or payment of fees. W. No sign shall be attached to any tree or vegetation or utility pole. X. Double faced signs shall be placed back to back with not more than 18" between facings. (Ord. 1-90) Y. One temporary garage sale sign, not to exceed six square feet shall be allowed in the residential district five days prior to the sale, and shall be removed one day after the sale. Z. Sign Removal. When any sign or the message portion of any sign was or shall be caused to be removed by the City Manager or a designee, sign owner or property owner, all structural and electrical elements, members, including all brackets, braces, supports, wires, etc., shall also be removed. The permittee, or owner of premises, or possessor of premises, or the owner of the sign shall be jointly and severally responsible for sign removal. AA. Sign permits will not be issued for any sign bearing misleading or false information, or information inconsistent with zoning and/or land use. BB. Newspaper receptacles shall not display advertising legends or be obtrusive in color. CC. A Planned Unit Development must be 15 or more acres and contain at least 3 contiguous lots to support an Area Identification Sign. 8 DD. The sign base shall not exceed one half the maximum sign size permitted in the zoning district. Source: Ordinance No. 9-87 Effective Date: 5-06-87 EE. Temporary Help Wanted Sign. One temporary help wanted sign per lot for the purpose of hiring persons to work on the property shall be permitted on the property provided such signs do not exceed 32 square feet and is removed within 14 days. FF. Readerboard Sign. Such signs may be used within a District's permitted sign area. GG. Menu Board Sign. One menu board sign per restaurant use with a drive-thru facility. Such sign shall not exceed 32 square feet in size nor greater than eight feet in height. Such sign is in addition to the free-standing or wall sign in the District. Subd. 4. District Regulations. In addition to those signs permitted in all districts, the following signs are permitted in each specific district, and shall be regulated as to size, location and character according to the requirements herein set forth. Source: Ordinance No. 261 Effective Date: 10-25-74 A. Residential Districts R, R-1, RM: • Source:- Ordinance No. 72-84 Effective Date: 4-05-84 1. Identification Signs. One identification sign or symbol per building not greater than six square feet in,area, provided such sign is attached flat against a wall of a building. 2. Area Identification Signs. One area identification sign per development, per street entrance, providing such sign does not exceed 32 square feet in area. 3. Sign Setback. Signs shall be placed no closer than ten feet to any street right-of- way line. 4. Maximum Height of Free-Standing Signs: Six feet. 5. Sign Base. (Refer to Subdivision 3, Subparagraph DD). Source: Ordinance No. 9-87 Effective Date: 5-06-87 9 6. Institutional Signs. One sign per street frontage identifying an institution or an is institutional complex shall be permitted within a multiple residential district. Such sign shall not exceed 24 square feet in area. 7. Temporary Signs. Shall be permitted only as permitted in Subdivision 3. 8. Directional Signs: (Refer to Subdivision 3). Source: Ordinance No. 261 Effective Date: 10-25-74 9. Review Process: The signage program will be reviewed and approved by the City Manager, or the City Manager's designee. Source: Ordinance No. 72-84 Effective Date: 4-05-84 B. Commercial Districts: N-Com, C-Com, C-Hwy, C-Reg-Ser, C-Reg. 1. Free-standing Signs: a. A building site having one street frontage may have one free-standing sign not to exceed 80 square feet. b. Where a building site has two or more frontages, one free-standing 80 square foot sign shall be permitted along one frontage. Additional frontages may each be permitted a free-standing sign not to exceed 36 square feet. Furthermore, in no case shall any free-standing sign be closer than 300 feet to any other free-standing sign upon a building site. The distance between signs is to be measured from the edge of a sign face via a straight line. Menuboards and directional signs are exempt from this requirement. C. A Planned Unit Development Area Identification Sign shall be permitted according to Subdivision 3, Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 80 square feet. In no case shall a frontage have more than one sign, either a free- standing sign or PUD identification sign. d. Readerboard Signs: . Readerboard signs may occupy the sign area permitted for free-standing signs. 10 e. Setback: No sign shall be placed closer than 20 feet to any street right-of- way. Where parking occurs within 1/2 the required front yard setback, no sign shall be placed closer than 15 feet to any street right-of-way. 40 f. Height: Maximum height of free-standing signs shall not exceed 20 feet. g. Sign Base: (Refer to Subdivision 3, Subparagraph DD). 2. Wall Signs: a. The total area of a wall sign on any wall of a single tenant building shall not exceed 15% of the wall area of that wall when said wall area does not exceed 500 square feet. When said surface area exceeds 500 square feet, then the total area of such wall sign shall not exceed 75 square feet plus 5% of the wall area in excess of 500 square feet, provided that the maximum sign area for any wall sign shall be 300 square feet. b. Wall area shall 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 any wall of a multi-tenant building shall not exceed 15% of the wall area of that wall when said wall area does not exceed 500 square feet. When said surface area exceeds 500 square feet, then the total area of such wall sign shall not exceed 75 square feet plus 5% of the wall area in excess of 500 square feet. 10 C. Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs. 3. Sign Design: Signs for a multi-tenant building shall be located on the building in an uniform manner or within an architectural sign band area. 4. Temporary product sale, stamp and game signs: These signs may occupy the remainder of the area not utilized for the permanent sign, provided the total area of all permanent and temporary signs shall not exceed eight square feet for one sign and fifty square feet for each sign in excess of one. 5. Pump Signs: Lettering or symbols which are an integral part of the design of a gasoline pump and not mounted above the pump body shall be permitted. 6. Restroom Signs: Signs indicating the location of restrooms and containing no advertising information shall be permitted. Sign shall not exceed three square feet. 11 7. Temporary Signs: (Refer to Subdivision 3). 8. Directional Signs: (Refer to Subdivision 3, Subparagraph N). 9. Menu Board: (Refer to Subdivision 3, Subparagraph GG). 10. Review Process: In addition to specific requirements set forth for each district, the entire sign program must be reviewed and approved by the City Manager or the City Manager's designee. C. Office District 1. Free-standing Signs: a. A building site having one street frontage may have one free-standing sign not to exceed 50 square feet. b. Where a building site has two or more frontages, one free-standing 50 square foot sign shall be permitted, and the additional frontages may each be permitted a free-standing sign not to exceed 36 square feet. C. A Planned Unit Development Area Identification Sign shall be permitted according to Subdivision 3, Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 50 square feet. In no case shall a frontage have more than one sign, either a free- standing sign or PUD identification sign. d. Readerboard Signs: Readerboard signs may occupy the sign area permitted for free-standing signs. e. Setback: No sign shall be placed closer than 10 feet to any street right-of- way. f. Height: Maximum height of free-standing signs shall not exceed 8 feet. g. Sign Base: (Refer to Subdivision 3, Subparagraph DD). 2. Wall Signs: a. One building identification sign per wall per street frontage not to exceed 50 square feet is permitted. 12 b. One identification wall sign per accessory use attached to the exterior wall of the building at the ground floor not to exceed 30 square feet is is permitted. C. Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs. 3. Temporary Signs: (Refer to Subdivision 3). 4. Directional Signs: (Refer to Subdivision 3, Subparagraph N). 5. Review Process: In addition to specific requirements set forth for each district, the entire sign program must be reviewed and approved by the City Manager or a designee. D. Industrial District: I-2, I-5, I-GEN: 1. Free-standing Signs: a. A building site having one street frontage may have one free-standing sign not to exceed 80 square feet. b. Where a building site has two or more frontages, one free-standing 80 square foot sign shall be permitted, and the additional frontages may each . be permitted a free-standing sign not to exceed 50 square feet. C. A Planned Unit Development Area Identification Sign shall be permitted according to Subdivision 3, Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 80 square feet. In no case shall a frontage have more than one sign, either a free- standing sign or PUD identification sign. d. Readerboard Signs: Readerboard signs may occupy the sign area permitted for free-standing signs. e. Setback: No sign shall be placed closer than 10 feet to any street right-of- way. f. Height: Maximum height of free-standing signs shall not exceed 8 feet. g. Sign Base: (Refer to Subdivision 3, Subparagraph DD). 2. Wall Signs: 13 a. One building identification sign per wall per street frontage not to exceed 80 square feet is permitted. b. One identification wall sign per accessory use attached to the exterior wall of the building at the ground floor not to exceed 10% of the wall area that tenant occupies of the wall to which it is affixed, or a maximum of 50 square feet. C. Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs. 3. Temporary Signs: (Refer to Subdivision 3). 4. Directional Signs: (Refer to Subdivision 3, Subparagraph 1). 5. Sign Design: All signs shall be uniform in design and color and placement. 6. Address: Address signs may be placed on rear door with three inch high numerals. 7. Review Process: In addition to specific requirements set forth for each district, the entire sign program must be reviewed and approved by the City Manager or a designee. E. Planned Unit Development (PUD): With multiple uses and 15 acre minimum. 1. That the developer submit after approval of the P.U.D., a schematic plan for informational, directional and advertising signage, explaining and illustrating: (a) Purpose of signage program and each sign. (b) Location - rezoning for plan. (c) Size - research data must be provided to prove to the City the need for signs larger than those normally allowed within this Section. (d) Design. (e) Material - color, texture, durability, type. (f) Information Needed - during sales programs. (g) Final use or removal of signs. 16 14 (h) Maintenance responsibilities and legal commitments. (i) Site and landscape plans which depict the design of the area surrounding the structure. 2. The signage program may include, but shall not be limited to: (a) Sector identification signs if approved by the Council. (b) Neighborhood markers which appear at the entrance to established neighborhood developments. (c) Area/project identification signs marking housing, commercial, institutional and public mini-neighborhoods or clusters. (d) Individualized building name or number signs shall be allowed in accord with this Section, or as an approved element of architectural design. Source: Ordinance 261 Effective Date: 10-25-74 F. Public District. 1. Free-standing Signs: (a) One free-standing sign for each building, lot, parcel, or tract of land may be erected on the lot parcel, or tract of land it applies or on which any such building is situated. (b) The total area of a freestanding sign shall not exceed 80 square feet. Religious symbols shall not be considered part of the free-standing sign area. (c) A Planned Unit Development Area Identification Sign shall be permitted according to Subdivision 3, Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 80 square feet. In no case shall a frontage have more than one sign, either a free- standing sign or an area identification sign. (d) Readerboard Signs: Readerboard signs may occupy the sign area permitted for free-standing signs. (e) Setback: No sign shall be placed closer than 10 feet to any street right-of- way. 15 i (f) Height: Maximum height of free-standing signs shall not exceed 8 feet. (g) Sign Base: (Refer to Subdivision 3, Subparagraph DD). 2. Wall Signs: One sign per building not to exceed 24 square feet in area. Where a building is located on a corner lot, one sign may be located on each wall facing a street provided one does not exceed 24 square feet and the other does not exceed 18 square feet. All wall signs shall be uniform in design. Religious symbols shall not be considered part of the wall sign area. 3. Off-site Directional Signs: Two additional church, school, or publicly owned land or building directional signs shall be permitted in locations other than the lot, parcel, or tract of land which it applies. Said signs shall be erected on non-public land, or if the sign is one owned by a public body, such directional sign may be erected upon publicly owned property provided: a. The maximum size of the sign shall not exceed 3 square feet. b. The owner's permission must be obtained. C. The sign shall be a minimum height of 4 feet, maximum height of 6 feet. d. Signs shall be uniform in design. 4. Sign Program: The signage program will be reviewed by the Director of Planning. 5. Temporary Signs: Temporary special event signs shall be permitted for a period not to exceed ten days. Such signs shall be not higher than 8 feet and not larger than 32 square feet. 6. Directional Signs: Directional signs to churches, schools, or publicly owned land or buildings in existence on the effective date of this Section or amendments thereto, which do not conform to these regulations, shall be allowed to continue in use as provided in Section 11.75. Source: Ordinance 37-83 Effective Date: 9-30-83 7. Sign Base: (Refer to Subdivision 3, Subparagraph DD). Source: Ordinance 9-87 Effective Date: 5-06-87 16 I. Airport District. 1. Wall signs are only permitted on buildings operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airport Commission. (a) Walls not facing runway: The total area of all wall signs on any wall of a building shall not exceed 15% of the wall area when the wall area does not exceed 500 square feet. When the wall areas exceeds 500 square feet, the total area of a wall sign shall not exceed 75 square feet, plus 5% of the wall area in excess of 500 square feet, provided that the maximum sign area for any wall sign shall be 300 square feet. Wall area shall be computed individually for.each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. (b) Walls facing runway: The total area of all wall signs shall not exceed 30% of the wall area. The maximum total sign area shall be 400 square feet. Wall area shall be computed individually for each tenant in a multi- tenant building based on the exterior wall area of the space the tenant occupies. 2. Free-standing Signs: Are permitted only on sites of buildings operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airport Commission. Two free-standing accessory signs shall be permitted for each building site, provided one of the signs is on the side of the building facing the runway. The total area of each sign shall not exceed 80 square feet. The maximum height of free-standing signs shall not be 20 feet. 3. Area Identification Signs: Only the Metropolitan Airport Commission may erect such signs. One sign per street frontage is allowed. Area Identification signs shall not exceed 80 square feet and shall not exceed a maximum height of 20 feet. 4. Gate Identification Signs: Only the Metropolitan Airport Commission may erect such signs. One sign at each gate is allowed. Gate identification signs shall not exceed 32 square feet and shall not exceed a height of 10 feet. 5. Building Identification Signs: Only the Metropolitan Airport Commission may erect such signs. One such sign per building is allowed. Building identification signs shall not exceed 6 square feet and must be attached flat against the wall of the building. 17 6. No other sign is permitted. Source: Ordinance 114-84 Effective Date: 10-31-84 Subd. 5. Administration and Enforcement. A. Permits. Except as provided in Subparagraph D below, the owner or occupant of the premises on which a sign is to be displayed, or the owner or installer of such sign, shall file application with the City for permission to display such sign. Permits must be acquired for all existing, new, relocated, modified or redesigned signs except those specifically excepted below. The applicant shall submit with the application, a complete description of the sign and a sketch showing its size, location, manner of construction and such other information as shall be necessary to inform the Building Official of the Land, size, material, construction and location of the sign. The applicant shall also submit at the time of application, the application fee required under Subparagraph B below. If a sign authorized by permit has not been installed within three months after the date of issuance of said permit, the permit shall become null and void. B. Fees. Fees shall be set by the Council by resolution. C. Sign Identification Tag. For any sign for which a permit is required under the provisions of this Section, the permittee shall acquire from the City a tag which shall be conspicuously attached to the lower left front surface of the sign. Such tag shall indicate the number of the sign permit and the date of issuance. Permits and tags must be acquired, and application fees paid for all non-exempt signs existing at the time of adoption of this Section. D. Exemptions: The exemptions permitted by this Subdivision shall apply only to the requirement of a permit, and shall not be construed as excusing the installer of the sign, or the owner of the property upon which the sign is located, from conforming with the other provisions of this Section. No permit is required under this Subdivision for the following signs: 1. A window sign placed within a building and not exceeding 10% of the window area. 2. Signs erected by a governmental unit or public school district, or non-profit organization. 3. Temporary signs as listed in Subdivision 3, Subparagraph H, I, J, K, and Y, Area Identification Signs and Neighborhood Markets. 18 4. Memorial signs or tablets containing the name of the building, its use and date of erection when cut or built into the walls of the building and constructed of bronze, stone, or marble. 5. Signs which are completely within a building and are not visible from the outside of the building. Source: Ordinance 261 Effective Date: 10-25-74 E. Violations and Fines. If the Chief Building Official or a deputy shall find any sign regulated by this Section is prohibited as to size, location, content, type, number, height or method of construction, or is unsafe, insecure, or a menace to the public, or if any sign (for which a permit is required) has been constructed or erected without a permit (having) first (been) granted to the installer of said sign, or to the owner of the property upon which said sign has been erected, or is improperly maintained, or is in violation of any other provisions of this Section, he shall give written notice of such violation to the owner(of such property) or (the) permittee. If the permittee or owner(of such property) fails to remove or alter the sign so as to comply with the provisions set forth in this Section within (3) days following receipt of said notice. Source: Ordinance 185-84 Effective Date: 9-19-84 • 1. Such sign shall be deemed to be a nuisance, and may be abated by the City by proceedings taken under Minnesota Statutes, Chapter 429, and the cost of abatement, including administration expenses, may be levied as a special assessment against the property upon which the sign is located; and/or, 2. It is unlawful for any permittee or owner to violate the provisions of this Section. Each period of(3) days within which the sign is not removed or altered shall be deemed to constitute another violation of this Section. No additional licenses shall be granted to anyone in violation of the terms of this Section, or to anyone responsible for the continuance of the violation, until such violation is either corrected or satisfactory arrangements, in the opinion of the Chief Building Inspector, have been made towards the correction of said violation. The Inspector may also withhold building permits for any construction related to a sign maintained in violation of this Section. Pursuant to Minnesota Statutes Annotated 160.27, the Chief Building Official, or his deputy, shall have the power to remove and destroy signs placed on street right-of-way with no such notice of violation required. Source: Ordinance 105-84 Effective Date: 9-19-84 19 • 3. Appeals and Variances. A permit applicant or permit holder may appeal any order or determination made by the Chief Building Official or a deputy pursuant to this section or a permit applicant or permit holder may request a variance from the literal terms of this variance with the City Clerk-Treasurer requesting a hearing before the Board of Appeals and Adjustments. The Board shall hear and decide appeals and applications for variances in the following cases: (a) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the administrative officer in the enforcement of this Section. (b) Requests for variances from the literal provisions of this Section shall be granted only in instances where their strict enforcement would cause unique hardship because of circumstances unique to the individual property or proposal under consideration. Source: Ordinance 78-13 Effective Date: 5-26-79 4. With respect to campaign signs, as defined in Subd. 3.H. herein, the written notice of violation required by Subd. S.E. herein may be given to the person or committee who prepares, disseminates, issues, posts, installs or owns the sign, or the persons or committee who causes the preparation, dissemination, issuance, • posting or installation of the sign, or the owner or occupant of the premises on which such sign is displayed. If such person, committee, owner or occupant fails to remove or alter the sign so as to comply with the provision set forth in this Section within 3 days following receipt of said notice, then such failure is deemed unlawful and such persons, committee, owner, or occupant shall be subject to the same liabilities and penalties as are permittees and owners under Subd. 5.E. 1. and 2. Source: Ordinance 105-85 Effective Date: 9-19-84 Subd. 6. Non-Conforming Signs A. Any non-conforming temporary or portable sign existing on the effective date of this Section shall be made to comply with the requirements set forth herein, or shall be removed within 60 days after the effective date of this Section. B. A lawful sign on the effective date of this Section or of amendments thereto that does not conform to these provisions shall be regarded as a non-conforming sign. Except for directional signs for churches, schools, or publicly owned land or buildings, non- conforming use of which is governed by Section 11.70, Subdivision 4, Subparagraph 1, 20 Item 5, such signs may be continued in use when properly and safely maintained for a period of six years from the date of enactment of this Section or from the date of any amendments thereto which cause a sign to become non-conforming. At the end of the six years they shall be made to conform with the provisions of this Section or they shall be removed by the owner. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of July, 1991, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of August, 1991. Douglas A. Tenpas, Mayo ATTEST: • 1(791, Jo TV/15 . Frane, Clerk PUBLISHED in the Eden Prairie News on the day of 1991. 21 Zoning Code Sign Regulations 40 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 11.70, ENTITLED "SIGN PERMITS" RELATING TO THE REGULATION OF CERTAIN 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: Summary: This Ordinance amends the definition of area identification, new definitions for menu and readerboards, increases the sign area allowed for on-site directional and address signs, setback requirements between free-standing signs, and reorganizes existing sign regulations. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane, City Clerk /s/Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the 2!?,-day of U 11991. (A full copy of the text of this Ordinance is available from the City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. Zoning Code SignRegul do County of Hennepin ) Stan Rolfsrud,being duly swom,on oath says that he is the authorized agent of the publisher of the newspaper known ..� as the Eden Prairie News and has full knowledge of the facts herein stated as follows: (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided {r__._W + by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. MY OM SBCTW" 11.70, Mrrfm (B)Ile printed publicnotice that is attachedto thisAffidavit andidentified as No waspublishedon RELATING TO THE REGULATION the date or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part OF CERTAIN SIGNS AND ADOPT- of this affidavit.Said notice was cut form the columns of thenewspaperspecified.Printedbelowis a copy of the ING BY REFERENCE CITY CODE lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used • CHAPTER 1 AND SECTION 11.99 in the composition and publication of the Notice: WHICH, AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS abcdefghijklmnopgrstuvwxy THE CITY COUNCEL OF THE CITY OF EDEN PRAIRIE,MR44MOTA, ORDAINS: Summary: This Ordinance amends By: the definition of area identification,new Ro ZGnag,, definitions for menu and readerboards, increases the sign area allowed for on-site Subscribed and swom before me on directional and address signs, setback requirements between free-standing signs, THERESA M. LAW and reorganizes existing sign regulations. NOTARY PUBUC Effective Date:This Ordinance shall this==day of 1991 IPRIMY HENNEPIN COUNTY take effect uponpublication. COMMISSION EXPIRES 3.8.96 ATTEST: /s/John D.Franc,City Clerk /s/DouglasB.Tenpas,Mayor (A full copy of the text of this Ordinance Notary Public is available from the City Clerk (Published in the Eden Prairie News Thursday,August 22,1991;No.6242) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.................. $10.12 per column inch Maximum rate allowed by law for the above matter..................................................$10.12 per column inch Rate actually charged for the above matter ................................................................ $5.84 per column inch