Bill No. 2018-05
BILL NO. 2018-5
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE
TO UPDATE SIGN REGULATIONS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Section 549 of the Richfield City Code relating to sign regulations is
amended to read as follows:
549.01. - Findings, purpose and effect.
Subdivision 1.Findings.
The City hereby finds as follows:
a) Signs have a direct impact on and relationship to the image of the community;
b) Uncontrolled and unlimited signs adversely impact the image and aesthetic
attractiveness of the community and thereby undermine economic value and growth;
c) The manner of installation, location and maintenance of signs has a substantial impact
on the character and quality of the environment;
d) Signs provide an important medium through which individuals may convey a variety of
messages;
e) Signs help citizens find their way to intended destinations;
f) 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 unduly
divert the attention of drivers;
g) Signs can create traffic hazards, aesthetic concerns and detriments to property values,
thereby threatening the public health, safety and welfare;
h) Uncontrolled and unlimited signs, particularly portable signs whenwhich 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
i) The City's zoning regulations have, since as early as 1944, included the regulation of
signs in an effort to provide adequate means of expression and to promote the
economic viability of the business community, while protecting the City and its citizens
from a proliferation of signs of a type, size, location and character that would have an
adverse impact upon the aesthetics of the community and threaten its health, safety
and welfare. The regulation of the physical characteristics of signs within the City has
had a positive impact on traffic safety and the appearance of the community.
Subd. 2.Purpose and intent.
It is not the purpose or intent of this sign ordinance to
regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to
regulate any building design or any display not defined as a sign, or any sign which cannot be
viewed from outside a building. The purpose and intent of this ordinance is to:
a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the City in order to promote the public health, safety and
welfare;
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b) Maintain, enhance and improve the aesthetic environment of the City by preventing
visual clutter that is harmful to the appearance of the community;
c) Improve the visual appearance of the City while providing for effective means of
communication, consistent with constitutional guarantees and the City's goals of public
safety and aesthetics; and
d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
Subd. 3.Effect.
A sign may be erected, mounted, displayed or maintained in the City if it is
in conformance with the provisions of this ordinance. The effect of this ordinance, as more
specifically set forth herein, is to:
a) Allow a wide variety of sign types in commercial zones, and a more limited variety of
signs in other zones, subject to the standards set forth in this sign ordinance;
b) Allow signs which are designed, constructed, installed and maintained in a manner
that does not adversely impact public safety or unduly distract motorists;
c) Allow certain small, unobtrusive signs incidental to the principal use of a site in all
zones when in compliance with the requirements of this sign ordinance;
d) Prohibit signs whose location, size, type, illumination or other physical characteristics
negatively affect the environment and where the communication can be accomplished
by means having a lesser impact on the environment and the public health, safety and
welfare; and
e) Provide for the enforcement of the provisions of this sign ordinance.
549.03. - Severability.
If any section, subsection, sentence, clause, or phrase of this sign ordinance is for any
reason held to be invalid, such invalidity shall not affect the validity or enforceability of the
remaining portion of this sign ordinance. The City Council hereby declares that it would have
adopted the sign ordinance in each section, subsection, sentence, or phrase thereof,
irrespective of the fact that any one (1) or more section, subsections, sentences, clauses, or
phrases be declared invalid.
549.05. - Definitions.
Subdivision 1.
The following words and phrases, when used in this Section 549 shall have
the following meanings, unless the context clearly indicates otherwise. The definitions set forth
in this Section 549.05 are in addition to the definitions set forth in Section 507.07, which shall
apply to this Section 549, except that in the event of a conflict between the Sections, the
definition in Section 549 shall apply:
Subd. 2.
"Abandoned sign." Any sign and/or its supporting sign structure which remains
without a message or whose display surface remains blank for a period of one (1) year or more,
or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed
to have been abandoned. Signs applicable to a business temporarily suspended because of a
change in ownership or management of such business shall not be deemed abandoned unless
the property remains vacant for a period of one (1) year or more. Any sign remaining after
demolition of a principal structure shall be deemed to be abandoned. Signs that are present
because of being legally Legally established nonconforming signs or signs that have required a
conditional use permit or a variance shall also be subject to the definition of abandoned sign.
Subd. 3.
"Awning." A roof-like cover, often of fabric, plastic, metal or glass designed and
intended for protection from the weather or as a decorative embellishment, and which projects
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from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning
that also projects over a door shall be counted as an awning.
Subd. 4.
"Awning sign." A sign or graphic printed on or in some fashion attached directly to
the awning material.
Subd. 5.
"Balloon sign." A sign consisting of a bag made of lightweight material supported
by helium, hot, or pressurized air which is greater than 24 inches in diameter.
Subd. 6.
"Banner." A sign made of fabric or any nonrigid material with no enclosing
framework.
Subd. 7.
"Canopy." A roof-like cover, often of fabric, plastic, metal, or glass on a support,
which provides shelter over a doorway.
Subd. 8.
"Canopy sign." Any sign that is part of or attached to a canopy, made of fabric,
plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee
and is different from service station canopy signs that are governed by Section 534.07, Subd.
11 of this Code.
Subd. 9.
"Changeable message." A message that is not permanently attached to the sign
face but that is not a dynamic display.
Subd. 10.
"Commercial speech." Speech advertising a business, profession, commodity,
service or entertainment.
Subd. 11.
"Dynamic display." 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 any rotating, revolving,
moving, flashing, blinking, or animated display or structural element 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.
Subd. 12.
"Erect." Activity of constructing, building, raising, assembling, placing, affixing,
attaching, creating, painting, drawing or any other way of bringing into being or establishing.
Subd. 13.
"Freestanding sign." Any sign which has supporting framework that is placed on,
or anchored in, the ground and which is independent from any building or other structure.
Subd. 14.
"Grade." The average elevation or level of the centerline of the closest street
which the sign abuts.
Subd. 15.
"Height of sign." The height of the sign shall be computed as the vertical distance
measured from the base of the sign at grade to the top of the highest attached component of the
sign.
Subd. 16.
"Illuminated sign." Any sign that contains an element designed to emanate
artificial light internally or externally.
Subd. 17.
"Legally established nonconforming sign." Any sign and its support structure
lawfully erected prior to the effective date of this ordinance which fails to conform to the
requirements of this ordinance. A sign which was erected in accordance with a variance granted
prior to the adoption of this section and which does not comply with this section shall be
deemed to be a legal nonconforming sign. A sign that was unlawfully erected shall be deemed
to be an illegal sign.
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Subd. 18.
"Marquee." Any permanent roof-like structure projecting beyond a theater
building or extending along and projecting beyond the wall of that building, generally designed
and constructed to provide protection from the weather.
Subd. 19.
"Marquee sign." Any sign painted, mounted, constructed or attached in any
manner, on a marquee.
Subd. 20.
"Monument sign." Any freestanding sign with its sign face mounted on the
ground or mounted on a base at least as wide as the sign.
Subd. 21.
"Noncommercial speech." Dissemination of messages not classified as
Commercial Speech which include, but are not limited to, messages concerning political,
religious, social, ideological, public service and information topics.
Subd. 22.
"On-premise messages." Identify or advertise an establishment, person, activity,
goods, products or services located on the premises where the sign is installed.
Subd. 23.
"Outdoor advertising sign." 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 (off-premise sign). For the purposes of this sign
ordinance, easements and other appurtenances shall be considered to be outside such
premises and any sign located or proposed to be located in an easement or other appurtenance
shall be considered an outdoor advertising sign.
Subd. 24.
"Owner." In the case of a lot, the legal owner of the lot as officially recorded by
Hennepin County, and including fee owners, contract for deed purchasers and ground lessees.
In the case of a sign, the owner of the sign including any lessees.
Subd. 25.
"Portable sign." A sign with or without copy and graphic that is designed or
intended to be moved or transported. By way of example and not by limitation, portable signs
include:
a) A- or T- frame signs, including sandwich board signs;
b) Yard Sandwich board signs anchored only by stakes;
c) Signs designed to be transported by trailer or on wheels;
d) Signs mounted on a vehicle for advertising purposes, when the vehicle is parked and
visible from public right-of-way, except signs identifying a business when the vehicle is
being used in the normal day-to-day operation of that business;
A sign may be a portable sign even if it has wheels removed, was designed without
wheels, or is attached temporarily or permanently to the ground, a structure, or other
sign.
Subd. 26.
"Projecting sign." Any sign which is affixed to a building or wall in such a manner
that its leading edge extends more than 12 inches beyond the surface or such building or wall
face.
Subd. 27.
"Public right-of-way." Public right-of-way has the meaning given it by Minnesota
Statutes, Section 237.162, Subdivision 3.
Subd. 28.
"Pylon sign." Any freestanding sign which has its supportive structure(s)
anchored in the ground and which has a sign face elevated above ground level by pole(s) or
beam(s) and with the area below the sign face open.
Subd. 29.
"Roof sign." A sign located above the eave or parapet wall of a building and/or
located within the projected roof area.
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Subd. 30.
"Scoreboard Panel." A nonilluminated sign which is affixed to an electric
scoreboard at an outdoor sports arena or complex.
Subd. 31.
"Sign." Any letter, word or symbol, 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.
Subd. 32.
"Sign area." The area shall be the area of the smallest rectangle enclosing the
extreme limits of the actual sign surface excluding structural elements outside the limits of such
sign which do not form an integral part of the display; or in the case of wall signs, figures,
symbols, canopy or awning signs, the sign area shall be the area of the smallest rectangle that
encloses the sign message or logo. For multi-face signs, the area shall include the maximum
number of single display surfaces visible from any ground position at one (1) time. Multi-face
signs with display surfaces at an angle to one another shall have an interior angle no greater
than thirty-five (35) degrees, unless the total area of both sides does not exceed the maximum
allowable sign area for that district.
Subd. 33.
"Sign face." The surface of the sign upon, against, or through which the message
of the sign is exhibited.
Subd. 34.
"Sign structure." Any structure including the supports, uprights, bracing and
framework which supports or is capable of supporting any sign.
Subd. 35.
"Site." A lot or combination of contiguous lots that are intended, designated,
and/or approved to function as an integrated unit.
Subd. 36.
"Stringer." A line of string, rope, cording or an equivalent to which is attached a
number of pennants, balloons, propellers, banners or similar devices.
Subd. 37.
“Temporary fixed ground sign.” A sign which is supported by posts imbedded in
the ground and is designed to not be readily movable.
Subd. 38. 37.
"Visible." Capable of being seen by a person of normal visual acuity (whether
legible or not) without visual aid.
Subd. 39. 38.
"Wall." Any structure which defines the exterior boundaries or courts of a
building or structure and which has a slope of 60 degrees or greater with the horizontal plane.
Subd. 40. 39.
"Wall sign." Any sign attached parallel to, but within two (2) feet of a wall,
painted on the wall surface of, or erected and confined within the limits of an outside wall of any
building or structure, which is supported by such wall or building, and which displays only one
(1) sign surface.
Subd. 41. 40.
"Window sign." Any building sign, picture, symbol, or combination thereof,
designed to communicate information about an activity, business, commodity, event, sale or
service, that is placed inside a window or upon the window panes or glass and is visible from
the exterior of the window.
549.07. - Permit required.
Subdivision 1.
No sign shall be installed, constructed, erected, altered, revised,
reconstructed or relocated in the City without first obtaining a permit and license from the City.
The content of the message or speech displayed on the sign shall not be reviewed or
considered in determining whether to approve or deny a sign permit.
Subd. 2.Application.
Application shall be made on forms provided by the City. The form
shall include the following information:
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a) The name, address and telephone number of the applicant;
b) The name, address and telephone number of the person, firm, corporation or other
organization erecting the sign;
c) The name, address, telephone number and written consent of the property owner on
which the sign is to be erected;
d) Site plans indicating the exact location of the sign on the site including its position
relative to buildings, structures, streets and property lines;
e) Two (2) copies of signSign plans and specifications with the following information:
i. Number of sign faces;
ii. Sign colors and construction materials;
iii. Sign dimensions;
iv. Type, direction, location and intensity of illumination and name of electrical
contractor;
v. Method of attachment to building or ground; and
vi. Stress sheets and calculations showing that the structure is designed to meet
the dead load and wind pressure requirements of the Building Code.
f) If the proposed sign is along interstate highway, the application shall be accompanied
by proof that the applicant has obtained a permit from the State for the sign.
Subd. 3.Review.
The City shall approve or deny the sign permit application within the time
period required by State law. If the permit is denied, the issuing authority shall prepare a written
notice of denial within 15 days of its decision, describing the applicant's appeal right under
Section 547.05, and send it by certified mail, return receipt requested, to the applicant.
Subd. 4.Additional permits.
a) Electrical signs must be installed in accordance with the current electrical code and a
separate permit from the building official must be obtained prior to placement; and
b) Building permits (as required) must be obtained from the building official prior to
placement.
549.09. - Exemptions.
The following signs shall not require a permit. These exemptions, however, shall not be
construed as relieving the owner of the sign from the responsibility of its erection and
maintenance, and its compliance with the provisions of this ordinance or any other law or
ordinance regulating the same, unless otherwise noted: (Amended, Bill No. 2008-16)
a) The changing of a changeable message as defined in Subsection 549.05 or a
dynamic display message.
b) The changing of the display surface on a painted or printed sign only. This
exemption, however, shall apply only to poster replacement and/or on-site changes
involving sign painting elsewhere than directly on a building;
c) Signs six (6) square feet or less in size, including portable signs defined by Section
549.05, Subd. 25 (a) and (b) in accordance with the following:;
i. Portable signs shall be limited to 4 feet in height and 6 square feet in area;
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ii. No more than one portable sign shall be displayed per business and no more
than two portable signs per site. On Planned Unit Development sites greater
than two acres, the total number of portable signs shall not exceed one (1)
per 200 feet of lot frontage. Portable signs located at building entrances
which are more than 100 feet from the right-of-way shall not count towards
this total, though the limitation of one portable sign per business still applies;
iii. Portable signs other than yard signs shall not be displayed between the hours
of 10:00 p.m. and 6:00 a.m.;
d) Window signs;
e) Street identification numbers/address signs;
f) Bench signs complying with Subsection 805.19, Subd. 4 of the City Code;
g) Signs on vehicles when the vehicle is being used in the normal day-to-day operation
of that business as described in Subsection 549.05, Subd. 30; and
h) Traffic signs and/or signs erected by public officials in performance of official duties
for the purpose of traffic control and public safety. Traffic signs are also exempt from
size, setback and dynamic display regulations.
549.11. - Fees.
The application for a sign permit shall be accompanied by the fee provided in Appendix D of
the City Code. The fee required in this paragraph is separate from and in addition to any other
fees required by this Code.
549.13. - Variances.
Requests for a variance from the requirements of this section shall be processed by the
Planning CommissionBoard of Adjustments and Appeals in accordance with Section 547.1105.
549.15. - Violations.
Violation of this section is a misdemeanor. Each day that the violation continues is a
separate offense.
549.17. - Enforcement.
Employees of the Community DevelopmentInspections Division of the Department of Public
Safety and additional persons designated by the Director are hereby authorized to enforce the
provisions of this section in the manner provided in Subsection 115.11 of the City Code.
549.19. - Expiration.
Sign permits are valid for one (1) year from the permit issuance date.
549.20. - Retroactive effect.
This sign ordinance shall apply to all sign applications applied for and/or pending prior to its
enactment.
549.21. - General regulations.
Subd. 1.
The following regulations shall apply to all signs permitted in all districts:
Subd. 2.Signs prohibited.
a) Any sign located, designed or maintained in a manner which is likely to cause
confusion or interfere with the visibility of traffic signs, traffic control devices,
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crossroads, driveways, or crosswalks or pedestrian, bicycle or wheelchair accessible
routes;
b) Roof signs;
c) Portable signs, except those listed exemptions in Section 549.09;
d) Searchlights, beacons, strobe lights or other illuminated signs emitting a beam
consisting of a collection or concentration of rays of light;
e) Outdoor advertising signs;
f) Stringers;
g) Balloon signs; and
h) Abandoned signs.
Subd. 3.Required wall signs.
One (1) wall sign containing the street address of the
building is required on each building or portion of a building with a separate address. The sign
must be of sufficient size and located to be clearly visible from the street on which the address
is assigned. These signs do not reduce permitted sign area.
Subd. 4.Banners and other temporary signs.
Banners and other temporary signs, where
permitted, are subject to the following standards: (Amended, Bill No. 2011-13) (Amended, Bill
No. 2014-4)
a) Banners shall be attached to a structure, shall be strongly constructed, and shall be
securely attached to their supports;
b) Banners and other temporary signs shall be removed (including all framework and
supports) as soon as damaged or torn;
c) There shall be no more than one (1) banner per tenant on any building frontage (see
Subsection 549.23 for size allowances);
d) Due to the construction methods of banners and other temporary signs and their
tendency toward damage, none may be displayed for more than 28 days. Temporary
fixed ground signsare permitted only during the sale, lease, or construction of a
property. Temporary fixed ground signsmay be displayed for a period not to exceed
one year and must be removed within seven days of the sale, lease, or conclusion of
construction on the property. One temporary fixed ground sign is permitted for each
street upon which a lot has frontage. The area of any one temporary fixed ground sign
shall not exceed 32 square feet and 8 feet in height. On sites greater than 2 acres,
signs shall not exceed 64 square feet and 10 feet in height. Wherever possible,
temporary fixed signs should be attached to an existing freestanding sign on a site;
and
e) No more than four (4) temporary sign permits shall be issued to any business
organization or institution within any calendar year; and.
f) During major road construction projects impacting the access or visibility of properties
adjacent to the right-of-way under construction, the Director of Community
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Development may waive the application fee and extend the time limit for displayof
banners and other temporary signs, not to exceed one year.
Subd. 5.Setbacks.
Unless specifically noted otherwise, all signs shall maintain a five-foot
setback from all lot lines. The City may require a greater or lesser setback because of public
safety reasons that may include the following conditions: vehicle sight distance (see Subsection
925.01, Subd. 4), distance from intersection, designation of adjacent right-of-way. In no case
shall any part of a freestanding sign be located less than 14 feet behind the curb adjacent to a
street. (Amended, Bill No. 2011-13)
Subd. 6.Changeable messages.
A message that is not permanently attached to the sign
face but that is not a dynamic display may occupy no more than 35 percent of the actual copy
and graphic area. The remainder of the sign must not have the capability to change messages
even if not used.
Subd. 7.Illumination.
External illumination for signs shall be so constructed and
maintained that the source of light is not visible from the public right-of-way or residential
property. There shall be a minimum distance of 100 feet between any internally illuminated or
dynamic display freestanding sign and any residential property. Signs located on a wall that
faces an abutting residential property line and within 100 feet of said residential property line
shall not be illuminated between 10:00 p.m. and 6:00 a.m. Illumination of signs in the Penn
Avenue Corridor is further restricted by Section 541.21 of this Code.
Subd. 8.Noncommercial speech.
Any noncommercial message may be substituted for
any commercial message on any sign allowed under this Code, subject to the same regulations
applicable to such signs. Notwithstanding any provisions of this section to the contrary, all
noncommercial signs of any size may be posted in a general election year from a date that is 46
days prior to the state primary election until ten (10) days following the state election. (Amended
Bill No. 2010-5)
Subd. 9.Maintenance.
All signs shall be maintained in a safe, presentable and good state
of repair at all times, including the replacement of defective parts, cleaning and other items
required for maintenance of the sign. Vegetation around, in front of, behind, and underneath the
base of monument signs for a distance of ten (10) feet shall be neatly trimmed and free of
weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted
under or near the sign.
Subd. 10.
Landscaping required. Freestanding signs located in parking areas shall be
separated by curb or similar means from the traveled portion of the parking lot. Freestanding
signs greater than six (6) feet in height shall have landscaping around the base of the sign.
549.23. - Permitted signs by district.
Subd. 1. Residential Districts.
a) Within residential zoning districts, freestanding signs are permitted as follows:
Maximum sign area of Maximum Total area of all
District
single signheightfreestanding signs
R, R-1, MR-1 6 square feet 6 feet 12 square feet
MR-2, MR-3 24 square feet 8 feet 36 square feet
Permitted
50 square feet 2025 feet 100 square feet
Nonresidential Uses
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b) Within residential zoning districts, wall signs are permitted as follows:
District Maximum sign area of single sign
R, R-1, MR-1 Not permitted except as required by Section 549.21, Subd. 3.
MR-2, MR-3 10 percent of total wall area of the wall to which sign is attached
Permitted Nonresidential 1015 percent of the total wall area of the wall to which sign is
Uses attached
c) Within residential zoning districts, the following types of signs are prohibited:
i. Dynamic displays, except for nonresidential uses; and
ii. Marquee signs; and
iii. Any sign not expressly permitted by this subdivision is prohibited in residential
districts.
d) Scoreboards for public parks and public or private schools are permitted as follows:
i. One (1) scoreboard not exceeding 18 feet in height or 100 square feet is surface
area is allowed per playing field, not including fields used only for practice; and
ii. Commercial or noncommercial speech shall be permitted on the scoreboard as
follows:
1. Commercial and noncommercial messages shall not comprise more than 25
percent of the area of the scoreboard; and
2. Commercial and noncommercial messages shall not be illuminated.
Subd. 2.Commercial, Mixed-Use Neighborhood, Mixed-Use Community, Mixed-Use
Regional, and Industrial Districts.
a) Within commercial, mixed-use neighborhood, mixed-use community, mixed-use
regional, and industrial zoning districts, one (1) freestanding sign per site is signs are
1
permitted as follows :
Maximum sign area of Maximum Total area of all freestanding
District
single signheightsigns
1 2 square feet per foot
SO, C-1, MU-N 60 square feet per surface 15 feet
of lot frontage
C-2, MU-C 1 square feet per foot of lot
2
100 square feet per surface 20 feet
Sites <1 acre frontage
C-2, MU-C 1 square feet per foot of lot
2
150 square feet per surface 20 feet
Sites 1-2 acres frontage
C-2, MU-C 1 4 square feet per foot of lot
2
200 square feet per surface 20 feet 27 feet
Sites >2 acres frontage
1 4 square feet per foot of lot
I, MU-R 250 square feet per surface 27 feet
frontage
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1
Additional freestanding signs on a site shall not exceed 8 feet in height and 50 square
feet in area. Planned Unit Development sites greater than 2 acres may request
additional signs exceeding 8 feet in height and 50 square feet in area.
2
On properties abutting an interstate or state highway or the adjacent frontage road,
one freestanding sign with a maximum height of 27 feet may be located within 100 feet
of the lot line abutting the highway or frontage road.
b) Within commercial, mixed-use neighborhood, mixed-use community, mixed-use
regional, and industrial zoning districts, wall signs may not exceed 15 percent of the
total wall area of the wall to which sign is attached. In the case of multiple occupancy,
the total area of wall signs which each occupant may display shall not exceed 15
percent of the exterior wall of the portion of the building occupied by that tenant.
(Amended, Bill No. 2011-13)
c) Window signs that do not exceed 30 percent of the window area;
d) Canopies, marquees, projecting signs and fixed awnings that are an integral part of the
structure to which they are attached are allowed in the Commercial, Mixed-Use and
Industrial districts if they meet the following requirements:
i. An awning, canopy, marquee or projecting sign may not project into the public
right-of-way;
ii. Awnings, canopies, marquees and projecting signs may have no part of the
structure other than supports nearer the ground surface than seven (7) feet;
iii. The architectural style on the awning, canopy or marquee must be consistent with
the building being served;
iv. For the purposes of size limitation calculations, awning, canopy, marquee and
projecting signs shall be counted as wall signs; and
v. Awnings, canopies or marquees projecting into required yards may not be
enclosed; and.
vi. Awnings or canopies shall not be internally illuminated.
e) Any sign not expressly permitted by this subdivision is prohibited in commercial,
mixed-use and industrial districts.
Subd. 3.
(Repealed, Bill No. 2011-13)
549.25. - Dynamic Displays.
Subdivision 1.
Findings. Studies show that there is a correlation between dynamic displays
on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers
can be distracted not only by a changing message, but also by knowing that the sign has a
changing message. Drivers may watch a sign waiting for the next change to occur. Drivers are
also distracted by messages that do not tell the full story in one (1) look. People have a natural
desire to see the end of the story and will continue to look at the sign in order to wait for the end.
Additionally, drivers are more distracted by special effects used to change the message, such
as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are
too small to be clearly seen or that contain more than a simple message. Time and temperature
signs appear to be an exception to these concerns because the messages are short, easily
absorbed, and become inaccurate without frequent change.
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Despite these public safety concerns, there is merit to allowing new technologies to easily
update messages. Except as prohibited by state or federal law, sign owners should have the
opportunity to use these technologies with certain restrictions. The restrictions are intended to
minimize potential driver distraction and to minimize proliferation in residential districts where
signs can adversely impact residential character.
Local spacing requirements could interfere with the equal opportunity to use such technologies
and are not included. Without those requirements, however, there is potential for numerous
dynamic displays to exist along any roadway. If more than one dynamic display can be seen
from a given location on a road, the minimum display time becomes critical. If the display time is
too short, a driver could be subjected to a view that appears to have constant movement. This
impact would obviously be compounded in a corridor with multiple signs. If dynamic displays
become pervasive and there are no meaningful limitations on each sign's ability to change
frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload.
Therefore, a longer display time is appropriate.
A constant message is typically needed on a sign so that the public can use it to identify and
find an intended destination. Changing messages detract from this way-finding purpose and
could adversely affect driving conduct through last second lane changes, stops, or turns, which
could result in traffic accidents. Accordingly, dynamic displays shall generally should not be
allowed to occupy the entire copy and graphic area of a sign.
In conclusion, the City finds that dynamic displays should be allowed on signs but with
significant controls to minimize their proliferation and their potential threats to public safety.
Subd. 2.
Regulations. Dynamic displays on signs are allowed subject to the following
conditions:
a) Dynamic displays are allowed only on monument and pylon signs for nonresidential
uses in the residential districts and for all uses in other districts. Dynamic displays may
occupy no more than 35 percent of the actual copy and graphic area, and must be
contiguous to the static copy and graphic area, and must include an enclosing
framework of not less than three (3) inches around the dynamic display. The remainder
of the sign must not have the capability to have dynamic displays even if not used.
Only one (1) contiguous dynamic display area is allowed on a sign face, except when
installed as part of a scoreboard for public parks and public or private schools;
(Amended, Bill No. 2010-4)
b) Only one (1) dynamic display sign is permitted on any individual site;
c) A dynamic display may not change or move more often than once every 60 seconds,
except one (1) for which changes are necessary to correct hour-and-minute, date, or
temperature information. Time, date or temperature information is considered one (1)
dynamic display and may not be included as a component of any other dynamic
display. A display of time, date, or temperature must remain for at least 60 seconds
before changing to a different display, but the time, date, or temperature information
itself may change no more often than once every three (3) seconds; (Amended, Bill No.
2008-16)
d) The images and messages displayed must be static, and the transition from one static
display to another must be instantaneous without any special effects;
e) The images and messages displayed must be complete in themselves, without
continuation in content to the next image or message or to any other sign;
Bill No. 2018-5
f) (Repealed, Bill No. 2008-16)
g) Dynamic displays must be designed and equipped to freeze the device in one position
if a malfunction occurs. The displays must also be equipped with a means to
immediately discontinue the display if it malfunctions, and the sign owner must
immediately stop the dynamic display when notified by the City that it is not complying
with the standards of this ordinance;
h) Dynamic displays must comply with the brightness standards contained in subdivision
3 below; and
i) Dynamic displays existing on the effective date of this ordinance must comply with the
operational standards listed above. An existing dynamic display that does not meet the
structural requirements in clause a) may continue as a nonconforming structure subject
to Section 509.25. An existing dynamic display that cannot meet the minimum size
requirements of clause e) must use the largest size possible for one line of copy to fit in
the available space.
Subd. 3.
Brightness standards.
a) All signs and dynamic displays must meet the following brightness standards in
addition to any other requirements of this Code.
i. No sign may be brighter than is necessary for clear and adequate visibility;
ii. No sign may be of such intensity or brilliance as to impair the vision of a motor
vehicle driver with average eyesight or to otherwise interfere with the driver's
operation of a motor vehicle;
iii. No sign may be of such intensity or brilliance that it interferes with the
effectiveness of an official traffic sign, device or signal.
b) The person owning or controlling the sign must adjust the sign to meet the brightness
standards in accordance with the City's instructions. The adjustment must be made
immediately upon notice of noncompliance from the City. The person owning or
controlling the sign may appeal the City's determination through the appeal procedure
set forth in Section 547.05 of this Code.
c) All signs installed after December 22, 2007, that will have illumination by a means
other than natural light must be equipped with a mechanism that automatically adjusts
the brightness in response to ambient conditions. These signs must also be equipped
with a means to immediately turn off the display or lighting if it malfunctions, and the
sign owner or operator must immediately turn off the sign or lighting when notified by
the City that it is not complying with the standards in this section.
Bill No. 2018-5
549.27. - Nonconforming signs.
Subdivision 1.
In addition to the standards established by Section 509.23, the following shall
apply to nonconforming signs:
Subd. 2.
Relocation. Any legally nonconforming sign may be relocated, subject to compliance with
the other provisions of this Code and subject to the limitations hereinafter contained, to another location
provided that such alternate location is first approved by the Council. The Council may approve
relocation if it finds that the relocation will lessen any adverse impact of the sign upon traffic safety and
aesthetics. If a conforming location is available, the Council shall not approve relocation to a
nonconforming location.
Subd. 3.
Incentives regarding outdoor advertising displays. Outdoor advertising signs do not need
to serve the same way-finding function as do on-premise signs. Further, outdoor advertising signs are
no longer allowed in the City, and there is no potential that they will proliferate. Finally, outdoor
advertising signs are in themselves distracting and their removal serves public safety. The City is
extremely limited in its ability to cause the removal of those signs. This clause is intended to provided
incentives for the voluntary and uncompensated removal of outdoor advertising signs in certain
settings. This removal results in an overall advancement of one (1) or more of the goals set forth in this
section that should more than offset any additional burden caused by the incentives. These provisions
are also based on the recognition that the incentives create an opportunity to consolidate outdoor
advertising services that would otherwise remain distributed throughout the community.
a) A person may obtain a permit for an enhanced dynamic display on one (1) face of an outdoor
advertising sign if the following requirements are met:
i. The applicant agrees in writing to permanently remove, within 15 days after issuance of
the permit, at least two (2) other faces of an outdoor advertising sign in the City that are
owned or leased by the applicant, each of which must satisfy the criteria of parts ii through
iv of this subsection. This removal must include the complete removal of the structure and
the foundation supporting each sign face. The applicant must agree that the City may
remove the sign if the applicant does not do so within the time frame agreed upon by the
applicant and the City, and the application must be accompanied by a cash deposit or
letter of credit acceptable to the City Attorney sufficient to pay the City's costs for that
removal. The applicant must also agree that it is removing the sign voluntarily and that it
has no right to compensation for the removed sign under any law;
ii. The City has not previously issued an enhanced dynamic display permit based on the
removal of the particular faces relied upon in this permit application;
iii. Each removed sign has a copy and graphic area of at least 288 square feet and satisfies
two (2) or more of the following additional criteria:
1) The removed sign is located adjacent to a highway with more than two (2) regular
lanes and with a general speed limit of 45 miles per hour or greater, but that does not
have restrictions on access equivalent to that of an interstate highway;
2) All or a substantial portion of the structure for the removed sign was constructed
before 1975 and has not been substantially improved;
3) The removed sign is located in a noncommercial zoning district;
4) The removed sign is located in a special planning area designated in the
comprehensive plan; or
5) The removed copy and graphic area is equal to or greater than the area of the copy
and graphic area for which the enhanced dynamic display permit is sought.
Bill No. 2018-5
iv. If the removed sign face is one (1) for which a state permit is required by state law, the
applicant must surrender its permit to the state upon removal of the sign. The sign that is
the subject of the enhanced dynamic display permit cannot begin to operate until proof is
provided to the city that the state permit has been surrendered.
b) If the applicant complies with the permit requirements noted above, the city will issue an
enhanced dynamic display permit for the designated outdoor advertising sign. This permit will
allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to
change no more frequently than once every eight (8) seconds. The designated sign must meet
all other requirements of this ordinance.
Section 2 Subsection 541.21, Subdivision 3 of the Richfield City Code relating to applicable
regulations in the Penn Avenue Corridor Overlay District is amended by adding a
letter (e) as follows:
e) Sign Regulations. All sign regulations applicable in the MU-C District, as found in
Section 549 of this Code, shall apply in the PAC District with the following
additions, qualifications and/or exceptions:
(i) Freestanding signs with an area greater than 100 square feet shall not be
internally illuminated or contain a dynamic display.
(ii) Wall signs may include internally illuminated individual channel letters,
and internally illuminated logos not exceeding 25% of the overall wall sign
area. Internally illuminated or backlit box signs are prohibited as wall
signs in the PAC District.
Section 3 This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Passed by the City Council of the City of Richfield, Minnesota this 22nd day of May,
2018.
Pat Elliott, Mayor
ATTEST:
rn
Elizabeth VanHoose, City Clerk
Bill No. 2018-5
AFFIDAVIT OF PUBLICATION CITY OF RICHFIELD
SUMMARY PUBLICATION
STATE OF MINNESOTA )ssBILL NO.2018-5
COUNTY OF HENNEPIN AN ORDINANCE AMENDING
THE RICHFIELD CITY
CODE TO UPDATE
Darlene MacPherson being duly sworn on an SIGN REGULATIONS
oath, states or affirms that he/she is theThis summaryof the ordinance
is published pursuant to Section
Publisher's Designated Agent of the newspa- 3.12 of the Richfield City Charter.
per(s)known as: This ordinance revised Zoning
Code Section 549-Sign Regula-
SC Richfield tions, affecting all zoning districts.
The ordinance reduces the maxi-
mum allowable sign height and sign
with the known office of issue being located area for many commercial proper-
in the county of: ties and limits the quantity of tall
HENNEPIN signs per lot or site.The ordinance
also allows limited use of portable
with additional circulation in the counties of: signs. Sign regulations relating to
HENNEPIN the Penn Avenue Design Guidelines
and has full knowledge of the facts stated are added to Section 541.21-Penn
below: Avenue Overlay District
(A)The newspaper has complied with all of Copies of the ordinance are
available for public inspection in
the requirements constituting qualifica- the City Clerk's office during nor-
tion as a qualified newspaper as provided mal business hours or upon re-
by Minn.Stat.§331A.02. quest by calling the Department of
Community Development at (612)
(B)This Public Notice was printed and pub- 861-9760.
lished in said newspaper(s) once each Adopted by the City Council of
week, for 1 successive week(s); the first the City of Richfield,Minnesota this
insertion being on 05/31/2018 and the last 22nd day of May,2018.
Pat Elliott,Mayor
insertion being on 05/31/2018. ATTEST:
Elizabeth VanHoose,City Clerk
MORTGAGE FORECLOSURE NOTICES Published in the
Pursuant to Minnesota Stat. §580.033 Richfield Sun Current
31,
relating to the publication of mortgage May82007818
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 newspaper's
circulation is in the latter county.
By: i M 04 Q L
Designated Agent
Subscribed and sworn to or affirmed before
me on 05/31/2018 by Darlene MacPherson.
Notary Public
; ""'" =�, RAYMOND A CAMARSE
t `,,:,-,,..)4 NOTARY PUBLIC MINNESOTA
gi
My Commission Expires Jan.31 2023
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