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1987-24BILL N0. 1987-24 AMENDMENT TO CHAPTER IV SECTION 415 OF THE RICHFIELD CITY CODE CITY OF RICHFIELD DOES ORDAIN: Chapter IV, of the Richfield City Code is hereby amended in the following respects: I. Section 415 is hereby repealed. II. New Section 416 is added to read as follows: 416.01. Regulation of the Use of Signs. Subdivision 1. Definitions. For the purposes of this section, the terms defined in this subsection shall have the meanings given them. Subd. 2. "Abandoned Sign" means a sign which no longer identi- fies or advertises a bona. fide business, lessor, service product or activity on the site and/or for which no legal owner can be found. Subd. 3. "Address Sign" means a sign containing only the street address of the site or building on which the sign is located. Subd. 4. "Advertising Sign" means a sign the primary function of which is to direct attention to a commercial product, commercial service or commercial activity that is sold, offered, or conducted either elsewhere or upon the premises where such sign is located, or to which it is affixed_ Subd. 5. "Area Identification Sign" means a sign which is used exclusively to identify any area of common identity such as a neigh- borhood, a multiple residential development, a multiple commercial or multiple industrial development. The sign may contain only the name of the neighborhood or multiple residential, commercial or industrial development. Subd. 6. "Awning" means a hood or cover which can be retracted, folded, or collapsed and which is attached to and projects from a wall of a building. Subd. 7. "Banner" means a sign made of fabric or any non rigid material with no enclosing framework. Subd. 8. "Bench Sign" means any sign which is part of or is affixed to anv bench. Subd 9 "Business Sign" means a sign that states the proper name of the business, organization or institution located on the premises on which the sign is located. Subd 10 "Canopy Sign" means a sign which is part of or attached to any roof-like structure, such as awnings, marquees or mansard roofs, which is a part of or extends from a building. Subd 11 "Construction Sign" means a temporary non-illuminated sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the financing, construction, sale, leasing, alteration or repair of a building. The sign may also announce the character of the building enterprise or the purpose for which the building is intended. Subd 12 "Directional Sign," means a sign used for the purpose of making specific commercial, industrial, or public and semipublic locations known and to assist in finding these locations. _Subd 13 "Flashing, Traveling or Changing Message Sign" means a sign with an intermittent or flashing light source. This shall not include those components of signs primarily providing public service information including .time, date, temperature, weather and public events. Subd 14 "Ground Sign" means a sign attached to the ground on its own structures and which is not attached to any building. Subd 15 "Grade" means the average elevation or level of thel centerline of the closest street which the sign abuts. Subd 16 "Home Occupation Sign" means a sign identifying any business operated from a residential dwelling or accessory structure in a residential zoning district. Subd 17 "Identification Sign" means a sign identifying the owner or tenants of a building or portion thereof. Subd 18 "Illuminated Sign" means any sign illuminated either by a light source which is not part of the sign area (Indirect Illumi nation); or by a source of light which is part of the sign area {Direct Illumination). Subd 19 "Institutional Sign" means a ground, wall, canopy or marquee sign or bulletin board which identifies the public institu- tion, governmental building, church or other place of worship, school, or charitable organization including chartered veterans organizations located on the site. Subd 20 "Institutional Directional Sign" means an off-premise sign directing persons to the location of an institution. 2 Subd 21 "Motion Sign" means any sign which rotates or has _moving_parts, including propeller signs, but excluding banners and pennants_ Subd 22 "On-site Directional Sign" means a sign used exclu- sively to direct pedestrian or vehicle movement on a site_ Such sign may not carry a commercial message but may include a business logo or symbol_ Subd 23 "On Site Sign" means an advertising sign which is located upon the premises where the advertised business activity, use, product, services, entertainment, commodities are sold, conducted or offered and which does not come within the definition of "outdoor advertisin dis la " as defined in subdivision 24 of this subsection. On site si ns identif in industrial uses ma also call attention to the product, goods, or material which is produced, or assembled on the premises. Subd 24 "Outdoor Advertising Display" means an advertising sign which advertises businesses, uses, products, services, entertain- ment, commodities or other activities not primarily or exclusively sold, offered or conducted at the premises where the sign is located. The term shall not include the names of businesses, or the roducts or services offered by such businesses, having multiple locations under the same business name if the advertising sign is located on the premises of the business and does not specifically advertise any other location. Subd 25 "Pedestal Sign" is a ground sign erected upon a single post or shaft, or upon two posts or shafts that merge or touch at_the base, or which are not more than 15 feet apart, center of shaft to center of shaft, with the display portion mounted thereon. Subd 2b "Permanent Sign" means any sign designed or intended to remain at a fixed location for long term use. Subd 27 "Portable Sign" means a temporary sign designed to be moved from one location to another. Subd 28 "Projecting Sign" means a sign, except a canopy or roof sign, which is attached to and projects from a structure or building a distance greater than twelve inches in any direction. Subd 29 "Promotional Display Device" means any blimp, or' balloon over 18 inches in the largest dimension, equipment or vehicle not normally associated with the business, or similar devices being used in connection with the promotion of any event or activity. Subd 30 "Real Estate Sign" means a temporary sign advertising the sale or lease of real property_ Subd 31 "Recrea*ional Siyn" means an institutional or institu- tional directional sien which identifies or _descrzbe~ a r~ublic facility providing recreations] services_ 3 Subd 32. "Roof Sign" means a sign erectec upon or located above the eave or parapet wall of a building and/or located within the arojected roof area. Subd 33. "Sign" means a display used to announce, declare, advertise and attract the attention of the public_ The term includes the sign face and the sign structure Subd. 34. "Sign Area" means that area of a sign within a single continuous perimeter 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, individual character signs, figures, symbols or canopy signs, the sign area shall be the area which is included in the smallest rectangle which can be made to circumscribe each letter, figure or symbol displayed thereon. For multi-face signs, the area shall include the maximum number of single display surfaces visible from any ground position at one time. Subd 35 "Sign Face" means the display surface or surfaces visible from any ground position at any time. Subd 36 "Sign Height" means the vertical distance measured from grade to the highest point of the sign or sign structure. Subd 37 "Sign Structure" means the footings, supports, uprights,-bracing, framework and surface material of the sign. Subd 38 "Temporary Election Sign" means a sign promoting a political candidate or issue appearing on the official ballot of any public election. Subd 39 "Temporary Ground Sign (Fixed)" means a sign which is supported by posts imbedded in the ground and is designed so as to not be readily movable. Subd. 40. "Temporary Ground Sign (Portable)" means a sign which rests upon the ground, or is mounted on a trailer, and so designed as to be readily movable. Subd. 41. "Temporary Sign" means a sign not constructed or intended for long term use. Subd 42 "Traffic Signs" means all signs, signals and markings, including street identification signs and all signs authorized or permitted by Minnesota Statutes, Chapter 169. Subd 43. "Wall Sign" means a sign which is attached to or erected against or painted on the vertical wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall. 4 Subd 44 "Wind Device" means anv device which is designed to move in the wind Wind devices include banners, pennants and propel- lers and balloons 18 inches or less in any dimension. Subd 45 "Window Sign" means a sign attached to or painted on either side of a window which is visible from the exterior of the building The term also means a sign located inside the window which is designed primarily to be visible from the exterior of the building. 416 03 Sign Construction Permit. Subdivision 1. Permit Required Except as provided in subdivision 3 of this subsection, it is unlawful to install, construct, erect, alter, revise, reconstruct or relocate any sign, as defined in these regulations without first obtaining a permit from the building official. If the building official finds that the proposed sign is in compliance with all requirements of this section, and the zoning provisions of the city code, a sign construction permit shall be issued. Upon application for the sign permit, the applicant shall apply for any required building and electrical permits. Subd 2 Application Application shall be made on forms provided by the building official. The form shall include the follow- ing information: (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 owner of the property on which the sign is to be erected. (d) The exact location of the sign on the site includ- ing its position relative to buildings, struc- tures, streets and property lines. (e) Two copies of sign plans and specifications showing the following: 1) number of sign faces 2) sign colors and construction materials 3) sign dimensions 4) type, direction, location and intensity of sign illumination and name of electrical contractor 5) method of construction 6) method of attachment to building or ground 7) stress sheets and calculations showing that the structure is designed to meet the dead load and wind pressure requirements o~ the building code. 5 Subd 3 Sign Construction Permit Exemptions. The following types of signs are exempt from the requirement of this subsection but are subject to all other requirements and standards applicable to signs: (a) Temporary election signs (b) Home occupation signs (c) Address signs (d} Identification signs not exceeding two square feet in sign area (e) Traffic signs (f) Garage sale and Estate sale signs (q) Real estate signs {h) Signs erected by governmental agencies in the discharge of their governmental duties (i) Signs warning the public of hazards such as buried cable or high voltage lines (j) Temporary window signs (k) Institutional Directional Signs not exceeding four scruare feet in sign area. Subd 4 Permit Fee The application for a sign construction permit shall be accompanied by the fee provided in Appendix D of this code The fee required in this paragraph is separate from and in addition to any other fees required by this code. Subd 5 Approval of Sign Permit Applications. Upon presenta- tion of a lication, ermit fee Tans and s ecifications and other required information, the sign construction permit shall be issued by the building official, exce t as rovided in subdivision 6 of thi subsection. ~~ Subd 6 Special Approval from Council. In the case of an application for a sign of unusual height, or location, the manager shall refer such sign to the council for approval. No permit for any such sign, so referredl shall be issued without first .obtaining the approval of the council. Subd 7 Variance from Terms of Approval Prohibited. No sign shall be erected used or maintained in a manner at variance from the provisions of this code or different from that approved by the rnii»ci 1 _ Subd 8 Uniform Enforcement and Appeals Procedure. Any and all orders or rules and regulations adopted or issued or Issued by the city enforcement officials pursuant to the provisions of this part shall be enforced in the manner provided in Section 32.0 of this Code. Similarly, persons aggrieved by any order or rule or regulation may appeal in accordance with the provisions of Section 320 of this Code. 6 416 05 Sign Installer License. Subdivision 1. License Required No person shall engage in the business of erecting signs until licensed by the city council to do so_ No such license shall be required for the erection of signs exempt from sign construction permits. Subd 2 Application. Application far a sign installer's license shall be made to the city clerk upon such forms as required by the city The license fee in the amount hereafter provided. shall accompany the application. Subd 3 License Fee The fee for a sign installer's license shall be in the amount provided for in appendix D of this code. Subd. 4. License Period. The Ticen"s es issued under this subdi- vision shall be for an annual basis running from July 1 through ,7une 30 of the next year. Subd. 5. Bond. No ermit shall be issued until the licensee has filed with the cit clerk a bond with cor orate Buret in the sum of $1000 The bond shall guarantee that the licensee will fully and faithfully comply with the provisions of this ordinance and other applicable city ordinances. Subd 6 Revocation or Non-renewal of License. The sign installer's license may be revoked or not renewed for any violation o_f the re uirements of this section. The decision to revoke or not renew a license may be made by the city after notice to the licensee and a reasonable opportunity for the licensee to be heard. 416.07. DISTRICT REQUIREMENTS. Subdivision 1. Provisions ApAiicable to All Districts. (1) (2) (3) (4) (5) (a) Signs Prohibited The following signs are prohibited in all zoning districts of the city: Flashing and motion signs Roof signs, including temporary roof signs, but excluding promotional display devices Any sign which obstructs ingress or egress from any fire escape, window or door Any sign located and maintained on or over and public property except traffic signs and public directional signs, and signs on benches, bus shelters and telephone booths 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, crossroads, driveways or crosswalks. (6) Temporar round sign (portable) 7 (7} Searchlights (8) Abandoned signs (b) Signs Permitted. The all zoning districts of the city requirements contained in_the Code_ (1) Temporary Signs. following signs are permitted in subject to all other applicable (i) Real estate signs which_do not exceed six square feet in sign area if located in residential districts and 64 square feet in non-residential zoning districts. One real estate sign is permitted on the property being offered for sale or lease. The sign must be removed within seven days following the sale, rental or lease of the property. One additional sign not exceeding six square feet announcing the open house is permitted on the property being offered for sale or lease on the day preceding the open house and on the day of the open house. (ii) Garage sale and estate sale signs subject to the same conditions and restrictions as are applicable to real estate signs. (iii) Constructions sign s_ which do not exceed si square feet in sign area in residential) zoning districts and 64 square feet in sign area in nonresidential districts. One sign is permitted and must be located on the property where the construction is occurring. The sign must be removed upon completion of construction The sign may not advertise any product or service. A comhination temporary real estate/construction sign cannot exceed 128 square feet in sign area per sign face. (iv) Temporary traffic control or warning signs. (2) Address Signs. One address sign is required on each building or portion of a building with separate address. The sign must be of sufficient size and located to be clearly visible from the street on which the address zs assigned. (3} Institutional and Recreational Signs. Permanent Ground signs shall not exceed 50 square feet in sign area per face and 25 feet in height and shall be set back at least 10 feet from any street ri ht-of-wa Tem orar institutional round sz ns shall be sub'ect to the rovisions found in subdivision 2(d}(7) of thi subsection. Institutional wall cano and mar uee si ns shall no exceed 24 s ware feet in total a re ate si n area. Institutional an recreational signs may not be illuminated if located in residentia zoning districts between the hours of 11:00 p.m. and 6:00 a.m. 8 (4) Institutional Directional Signs_ {5) Traffic control and regulation signs and public directional signals. (6) Signs permitted pursuant to Section 805 of this Code. Subd 2 Specific District Regulations. The following signs are permitted only in the districts indicated and shall be regulated according to the requirements herein set forth: (a) SINGLE... AND TWO FAMILY RESIDENTIAL DISTRICTS (R, R-1 MR-1): (1) Home Occupation or Identification Sign. One non illuminated home occupation sign not exceeding two square feet in sign area or one non-illuminated identification sign not exceeding two square feet in area. (2) Area Identification Sign. One non-illuminated sign per abutting street not exceeding 24 square feet in sign area and not exceeding six feet in height Such sign must not be located closer than 10 feet from any street right-of-way. (3) Temporary election signs subject to the following regulations: {i) No sign may exceed eleven square feet in area on one side Signs shall not be designed to have more than two sides. (ii) No sign may be placed earlier than the Saturday closest to 90 days before the general, special or school election to which the sign relates. (iii) All signs must be removed from display no later than four days following the election to which they relate Signs relating to unsuccessful primary election candidates shall be removed within four days following the primary electron. (iv) In addition to the other remedies available to the City under this code, any sign remaining on display beyond the times specified in subparagraph (iii) of this paragraph is deemed abandoned to the City and may in the City's discretion be removed, destroved or otherwise disposed of. (v) It shall be the responsibility of the sign owner, the property owner, and in the case of a single family residence, the occupants, to comply with the provisions of this paragraph_ 9 (vi) No such sign shall be the prior approval of the case of a single ant. (vii) No sign shall be located closer to the travel roadway than 10 feet behind the nearest curb. (viii) No sign shall be located within the 50 foot triangle of the street intersection. b) MULTIPLE FAMILY RESIDENTIAL DISTRICTS (MR-2, MR-3): (1) Identification Signs. One wall sign is permitted er building not exceeding 12 square feet in sign area. (2) Home Occupation Signs. One non-illuminated sign er building not exceeding two square feet in sign area. (3) Area Identification Signs. One freestanding sign not exceeding 24 square feet in sign area or 4 feet in height is permitted per area with 3 or more residential buildings. Such signs shall not be closer than 10 feet from any street right-of-way and not closer than 50 feet from any street intersection. (4) On-Site Directional Signs. Such signs may not exceed th-ree square feet in sign area and if freestanding maynot b~ ` more than four feet in height. (5) Temporary Ground Signs other than those describes' in subdivision 1(b)(1) of this. Subsection may be located only on property owned by a church, school, or non-profit cause or veteran's organization. (6) Temporary election signs subject to the same regulations contained in subdivision 2(a)(3) of this Subsection. (c) NEIGHBORHOOD BUSINESS DISTRICTS (C-1}: (1) Identification Signs. One wall sign is permitted per building The sign may not exceed six square feet in~sign area and may identify only the building address and the names of the businesses located in the building. (2) On-site Directional Signs. Such signs may not exceed three square feet in area and if freestanding shall not exceed four feet in height. (3) Ground Signs. One freestanding sign not exceeding 50 square feet in sign area and 27 feet in height is allowed for each building. This limitation shall include all types of freestandirr si ns exce t traffic and directional si ns_ A minimum vertic clearance of 14 feet is re uired for an such si n located within feet of any street or driveway intersection or at an other locati placed or maintained without the property owner, and ir. family residence, the occu- 10 where pedestrian or vehicle traffic is required to pass under the si n_ (4) Wall, Canopy and Marquee Signs. The total sign area for all such signs may not exceed 15 percent of the total wall area of the portion of the wall of the building to which they are attached. In the case of multiple occupancy, the total area of wall, window, canopy or marquee signs which each occupant may erect will not exceed i5 percent of the exterior wall of the portion of the building occupied by that occupant and to which the sign is affixed. (5) Window Signs. The total sign area of such signs shall not exceed 30 percent of the area of the window they are attached to or displayed from. (6) Projecting Signs. One projecting sign not exceed- ing six square feet in sign area may be erected for each occupant. Such sign shall have a minimum vertical clearance of eight feet and shall project no more than four feet form any wall and shall be rigidly affixed to its supports and the building. If illuminated, such sign may utilize only indirect illumination. (d) GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS (C-2, and I) {1) Identification Signs. One wall sign is permitted per building not exceeding six square feet in sign area. The sign may identify only the buildino address and the names of the businesses located in the building. (2) On-site Directional Signs. Directional signs are permitted which do not exceed three square feet in sign area and if freestanding do not exceed four feet in height. (3) Ground Signs. The total sign area for all free- standing signs except traffic and directional signs on any property shall not exceed 200 square feet in si4n area and not more than 27 feet in height. A maximum vertical clearance of 14 feet must be maintained below any freestanding sign located within 25 feet of any intersection of a driveway with street right-of-way, or at any other location where pedestrian or vehicle traffic passes under the sign. (4) Wall, Canopy and Marquee Signs. The total sign area for such signs will not exceed 15 percent of the total wall area of the portion of the wall of the building to which they are attached. In the cases of multiple occupancy, the total area of wall, window, canopy or marquee signs which each occupant may erect will not exceed 15 percent of the exterior wall area of the portion of the building occupied by that occupant and to which the sign is affixed. (S) Window Signs_ The total sign area of such signs shall not exceed 30 percent of the area of the window they are attached to or displayed from_ 11 (6} Projecting Signs. One projecting sign not exceed- ing six square feet in sign area is permitted on each business. Such sign must have a minimum vertical height clearance of eight feet, may project no more than four feet from any wall and shall be rigidly affixed to its supports and the building. E7} Banners, Wind Devices, Promotional Display Devices and Fixed Temporary Ground Signs subject to the following standards: (i) Fixed Temporary ground signs, banners, wind devices attached to any structure, vehicle, equipment or inventory and constructed of canvas, plastic material, cloth, rubber or other combustible material with or without framework; shall be strongly constructed and shall be securely attached to their supports. They -shall be removed (including all frame- work and supports) as soon as damaged or tarn. (ii) There shall not be more than one fixed temporary ground sign on any building front- age. (iii) No fixed temporary ground sign, banner, wind _ device, or promotional display device shall project over public property or right-of-ways (iv) No fixed temporary ground sign, banner, win device or promotional display device shall be! located in the city without first obtaining a permit therefor from the building official. The building official may impose conditions upon the granting of such permit including the size of such sign or devices. It shall be unlawful to locate or maintain any such sign, banner or device for a longer period or in a different manner than that specified in the permit. No such permit shall be for a period of more than 7 days. No more than 3 permits shall be issued to any business organization or institution within any calendar year. No such permit shall be granted where such fixed temporary sign, banner, or device is prohibited by other provisions of this code. Permits required by this subdivision are subject to the minimum fee contained in Appendix B. The fee required under Subsection 416.0, subdivision 4 for the sign construction permit may be waived b the cit council if the si n banner or device... is to be erected b nonprofit civic or religious institutions o by public bodies. I2 (8) Offsite Directional Signs_ In addition to the signs permitted by the preceding provisions a hotel, restaurant or shopping center located on property having frontage on a freeway (I494, 135W, Crosstown Highway 62, and Trunk Highway 77) may have offsite directional signs on other property abutting upon a freeway if the council grants a permit therefor. The application for such permit shall be made to the building official and shall contain such information as to establish the necessity of such sign. No such permit shall be issued until after the City Council has conducted a public hearing on the matter. Published and mailed notice of the public hearing shall be provided to property owners within 350 feet of the site where the sign is to be located at least 10 days prior to the date of the public hearing. The council shall not grant such a permit unless it determines that the following conditions will be met. (i) The offsite directional sign shall be located on C-2 general commercially or I general industrially zoned property. (ii) The sign is directional only, indicating which exit from the freeway should be used. (iii) That there are conditions present on the site which obscure the visibility of the site and make it difficult for a motorist to determine how to get to the site. (iv) Such sign shall have a sign area of no more than 100 square feet in area and be no more than 27 feet in height. (v) That the design of the sign and lettering thereon shall be simple and easily read, containing a minimal number of words with no unnecessary decoration or pictures. .. (vi) That the offsite directional sign will not conceal or obscure or otherwise adversely impact other buildings or signs in the area. (vii) That the offsite directional sign will not have an adverse impact traffic safety. (e) PLANNED UNIT DEVELOPMENTS. Only the signs shown on the approved PUD flan shall be permitted. 13 416.09. OUTDOOR ADVERTISING DISPLL~'S. Subdivision 1_ Permit Required No new outdoor advertising__d splay may be established in the city unless a permit is first obtafnc~. Permits may be issued by the City Council only after a public hear. ng preceded by the giving of 10 days notice mailed to the owners ar~d occupants of all properties located in whole or in part within 6Cf! __eet of the proposed outdoor advertising display. Failure to compi~ ith this notice requirement, however, shall not invalidate the proc~_ed_ngs. The council may attach conditions upon the granting_ of any pe_':ai t_ Subd. 2. The following regulati~::s apply to all outdoor adver- tising displays within the city: (a) Outdoor_ advertising dis,._la ~s are permitted only in the C-2, PC2, i and Pl districts of the ci.~:. (b) An outdoor advertisir~.. ~`isplay may not exceed 750 square feet in sign area per face. {c) An outdoor advertisinc ~i=splay may have no more than two sign faces. (d) All outdoor advertisin~~ d_splays will be freestanding signs either supported by a single ~-_ 3ouble column or some other support which has all structural anc -sLaport members screened from view from-all directions. (e) Outdoor advertising diti~%a~s may not be located closer than 1,000 feet apart as measured G~__:~ the same side of the same roadway. (f) The sign face of outdc:__~~ dvertising displays must not be visible from the boundary of any r_ _d~ntially zoned property which is located entirely_or partially with_._ 3)0 feet of the sign face. (g) Outdoor advertising di:_-:l~ ~s may not be located within 300 feet of any school_or church. (h) Outdoor advertising ~ splays must comply with the setback requirements for buildings -_, he zoning district in which they are located. Any variance f:: ~_ those requirements will be subiect to the procedure establish.-, ~ n the zoning code for such variances. (i) No outdoor advertisin.=_ height above the ground level of the faces The council may permit an ins.: a maximum of 48 feet in the event_ made. (1) As a result of feet in height cc es so as to be - which it faces o cci ~plays may exceed 27 feet in •~arest street towards where it .:a se in the allowable height to ~~t the following findings are L i_c~ue circumstances, a sign 27 not be located on the premis- ~ible from the abutting street i~~t the visibility of the sign 14 from such street could be substantially obstruct- ed (2) The increased hei ht of the si n would be unlikely to have any adverse or detrimental impact u on traffic safety, pedestrian safety, aesthetics, or the value of other properties within the area. (-j) No outdoor advertising display may exceed 65_ feet in length. (k) Outdoor advertising displays shall not be closer than 660 feet from the right-of-way of any freeway within the city (includ- ing Highways 35-W, 494, 62 and 77}. No "traveling" or changing message sign shall be~ located so as to face any freeway or be visible from the freeway. Any outdoor advertising displays legally located within 660 feet of any such freeway at the time of adoption of this provision may be replaced, subject to compliance with the other provisions of the part and subject to the limitations hereinafter contained, either in the same location or at another location alon any such freeway provided that such alternate location fis first approved by the council. The council may approve a relocation if it finds that the relocation will lessen any adverse impact of the sign upon traffic safety and aesthetics. (1) A permit shall not be issued for any new outdoor advertisin dis la if such outdoor advertisin dis la would be within 300 feet of any other such outdoor advertising display already in existence in the interior of the same city block or its equivalent area. Subd 3 Nonconforming Outdoor Advertising Displays. Outdoor Advertising Displays lawfully erected and located on the effective date of this subsection may continue subject to the following limita- tions: (a) Except as provided in Subdivision 2, paragraph (}c) of this subsection, no nonconforming outdoor advertising display may be expanded, rebuilt, relocated or altered without being brought into conformity with the requirements of this ordinance. This provision shall not apply to the following circumstances. (1) The rebuilding of an outdoor advertising display which sustains damage the repair of which in the opinion of the building official will cost less than 50$ of the replacement cost of physical structure prior to the damage. (2} Nonstructural alterations or modifications designed to improve the appearance of the sign and changes of the sign face. 15 (b) Any outdoor advertising display which is not used for advertising purposes for a period of more than two years shall be deemed abandoned and must be removed by the owner of the parcel on which it is located. 416.11 CONSTRUCTION, DESIGN, LOCATION AND MAINTENANCE OF SIGNS. Subdivision 1. All Signs; Construction, Design, Location and Mainte- nance Every sign shall conform to the standards of this part whether or not a permit therefor is required, and nothing contained herein shall be construed as modifying or repealing any of the provisions of this code relating to zoning. No sign shall be so located as to obscure or tend to obscure any existing sign. The following addition- al requirements are to be observed: (a) Where portions of a sign are subject to different classifications, each portion shall meet the requirements of its classification. (b) All signs and sign structures shall be maintained in a safe condition and in a state of good repair at all times. No sign shall display obscene matter. Subd 2 Ground Signs; construction and Design. The following standard shall be maintained for all ground signs: {a) The owner, lessee, or occupant of the land on which the ground sign is located, and the owner of the sign, shall keep the property on which the sign is located free of long grass, weeds or other rank grown, rubbish or debris. (b) All parts of ground signs, shall be designed for wind pressure of not less than 30 pounds per square foot, and permanent ground signs of wood construction shall have all members which extend into the ground protected from decay by treatment with a preservative as required by the building code. (c) the city and of a street right-of-way. Pedestal s' by this part or hi4hwav. igns ma but permitted by the zonin be located adjacent to no part thereof shall ( regulations of the right-of-way extend over the (d) The minimum clearance of any sign from unprotected electrical conductors (whether poles or other installations) shall be not less than 36 inches for conductors carrying not over 600 volts, and 48 inches from conductors carrying more than 600 volts. Subd 3 Projection Signs; Construction and Design. The follow- ing standards shall be maintained for all projection signs: [1 16 (a) All portions of projection signs shall be designed for a wind pressure of not less than 30 pounds per square foot. (b) Such signs shall not project over public street right- of-way, but may project over sidewalks located on private property such as shopping center sidewalks. No such sign shall be less than 12 feet above the level of the sidewalk; provided that such signs which do not exceed four square feet, and which do not roject more than two feet over the sidewalk may be eight or more feet above the sidewalk. (c) The building or structure from which any such sign projects and all attachments or fastenings must be so constructed as to safely resist the dead load and the wind load added by the attached sign. The sign must be rigidly attached to its supports. (d) All such signs shall be of .non-combustible materials or of fire retardant construction. Subd. 4. Wall Signs; Construction and Design. The following standards shall be maintained for all wall signs: sidewalk (a) No wall sign shall have a projection over a private or an established building line of more than 12 inches. (b) The materials, construction and attachment of any such sign shall conform to the requirements of the building code. Subd. 5. Nonconforming Signs. (a) Any sign prohibited by this ordinance or not in confor- mance with the standards, requirements and provisions of this ordi- nance, which was lawfully erected and maintained prior to this ordi- nance, shall be defined as a nonconforming sign. (b) Except as provided in Subsection 416.109 subdivision 3, all nonconforming signs shall be removed or brought in conformity with this ordinance within the following time periods: 1. Any nonconforming temporary sign: within 60 days of the adoption of this ordinance. 2. Any nonconforming permanent sign: within ten (10) years of the adoption of this ordinance. {c) Nothing in this ordinance shall relieve the owner or user of any nonconforming sign or owner of the property on which the nonconforming sign is located from maintaining the sign in a manner consistent with the provisions of this ordinance. (d) Nonconforming signs shall not be expanded, rebuilt, relocated or altered other than to change the copy 'without being brought into compliance with the requirements of this ordinance. Nonstructural alterations or modifications designed to improve the appearance of the sign which do not increase the sign area are permit- tP~3 _ I7 (e) Whenever use of a nonconforming sign has been discon- tinued for a period of two years, such use shall not thereafter be resumed unless it is in conformance with the provisions of this ordinance. Passed by the City Council of the City of Richfield, Minnesota this 24th day of August 1987 - } (-; l ' .' ~ /:. .;' ~j ~- ~ w~~~ '~ -John N. Ham-ice of , ayor ATTEST Thomas Ferber, City Clerk 18 City of Richfield :~'~ (OfiicialPuUlication) /%~ BILL NO. 1987-24 /~ AMENDMENT TO CHAPTER IV SECTION 415 OF THE RICHFIELD CITY CODE CITY OF RICHFIELD DOES ORDAIN: Chapter IV, of the Richfield City Code is hereby amended in the following respects: I. Section 415 is hereby repealed. II. New Section 416 is added to read as follows: 416.01. Regulation of the Use of Signs. Subdivision 1. Definitions. For the purpose of this section, the terms defined in this subsection shall have the meanings given them. Subd. 2. "Abandoned Sign" means a sign which no longer identifies or advertises a bona fide business, lessor, service product or activity on the site andfor for which no legal owner can be found. Subd. 3. "Address Sign" means a sign containing only the street address of the site or building on which the sign is located. Subd, 4. "Advertising Sign" means a sign the primary function of which is to direct attention to a commercial product, commercial service or com- mercial activity that is sold, offered, or conducted either elsewhere or upon the premises where such sign is located, or to which it is affixed. Subd. 5. "Area Identification Sign" means a sign which is used exclusively to identify any area of common identify such as a neighborhood, a multiple residemial development, a multiple commercial or multiple industrial development. The sign may contain only the name of the neighborhood or multiple residential, commercial or industrial development. Subd. 6. "Awning" means a hood or cover which can be retracted, folded, or collapsed and which is attached to and projects from a wall of a building. Subd. 7. "Banner" means a sign made of fabric or any non rigid material with no enclosing Framework. Subd. 8. "Bench Sign" means any sign which is part of or is affixed to any bench. Subd. 9. "Business Sign" means a sign that states the proper name of the business, organization or institutionlocated on the premises on which the sign is located. Subd. 10. "Canopy Sign".means a sign which is part of or attached to any roof-like structure, such as awnings, marquees or mansard roofs, which is a part of or extends from abuilding. - Subd. 11. "Construction Sign" means a temporary non-illuminated sign announcing the names of architects, engineers, contractors or other individ- uals or firms involved with the financing, construction, sale, leasing, alteration or repair of a building. The sign may also announce the character of the building enterprise or the purpose for which the building is intended. Subd. 12. "Directional Sign", means a sign used for the purpose of making specific commercial, industrial, or public and semipublic locations known and to,assist in finding these locations. Subd. 13. "Flashing, Traveling or Changing Message Sign" means a sign with an intermittent or flashing light source. This shall not include those components of signs primarily providing public service information including time; date, temperature, weather and public events. Subd. 14. "Ground Sign" means a sign attached to the ground on its own structures and which is not attached to any building. Subd. 15. "Grade" means the average elevation or level of the centerline of the closest street which the s gn abuts. Subd. 16. "Home Occupation Sign" means a sign identifying any business operated from a residential dwelling or accessory structure in a residential zoningdistrict. Subd. 17. "Identification Sign" means a sign identifying the owner or tenants of a building or portion thereeP. Subd. 18. "Illuminated Sign" means any sign illuminated either by a light source which is not part of the sigr area (Indirect Illumination); or by a source of light which is part of the~sien area (Direct Illumination). Subd. 19. "Institutional Sign" meatrs a ground, wall, canopy or marquee sign or bulletin board which identifies the public institution, governmental building, church or other place of worship, school, or charitable organization including chartered veterans organizations located on the site. Subd. 20. "Institutional Directional Sign" means an off-premise sign directing persons to the location of an institution. Subd. 21. "Motion Sign" means any'sign which rotates or has moving parts, including propeller signs, but excluding banners and pennants. Subd. 22. "On-site Directional Sign" means a sign used exclusively to direct pedestrian or vehicle movement on a site. Such sign may not carry a commercial message but may include a business logo or symbol. Subd. 23. "On Site Sign" means an advertising sign which is located upon the premises where the advertised business activity, use, product, services, entertainment, commodities are sold, conducted or offered and which does not come within the definition of "outdoor advertising display" as defined in subdivision 24 of this subsection. On site signs identifying industrial uses may also call attention to the product, goods, or material which fs produced, or assembled on the premises. Subd. 24. "Outdoor Advertising Display" means an advertising sign which advertises businesses, uses, products, services, entertainment, commodities or other activities not primarily or exclusively sold, offered or conducted al the premises where the sign is located. The term shall not include the names of businesses, or the products or services offered by such businesses, having multiple locations under the same business name ii the advertising sign is located on the premises of the business and does not specifically advertise any other location. Subd. 25. "Pedestal Sign" is a ground sign erected upon a single post or shaft, or upon two posts or shafts that merge or touch at the base, or which are not more than IS Peet apart, center o[ shaft to center of shaft, with the display portion mourned thereon. Subd. 26. "Permanent Sign" means any sign designed, or intended to remain at a fixed location for long term use. Subd. 27. "Portable Sign" means a temporary sign designed to be moved From one location to another. Subd. 28. "Projecting Sign" means a sign, except a canopy or roof sign, which is attached to and projects from a structure or building a distance greater than twelve inches in any' direction. Subd. 29. "Promotional Display Pevice" means any blimp, balloon over t8 inches in the largest dimension, equipment or vehicle not normally as- sociated with the business, or similar devices being used in connection with the promotion of any event or activity. Subd. 30. "Real Estate Sign" means a temporary sign advertising the sale or lease of real property. Subd. 31. "Recreational Sign" means an institutional or institutional directional sign which identifies or describes a public facility providing recreational services. Subd. 32. "Roof Sign" means a sign erected upon or located above the eaves or parapet wall oP a building and/o¢- located within the projected roof area. Subd. 33. "Sign" means a display used to announce, declare, advertise and attract the attention of the public. The term includes the sign face and the sign structure. Subd. 34. "Sign Area" means that area of a sign within a single continuous perimeter enclosing the extreme limits of the actual sign surface excluding structural elements outside the limits ofsuch sign which do not form an integral part of the display; or inthe case of wall signs, individual oharaMer signs, figures, symbols or canopy signs, the sign area shall be the area which is included in the smallest rectangle which can be made to circumscribe each letter, figure or symbol displayed thereon.For multi-face signs, the area shall include the maximum number of single display surfaces visible from any ground position at one time. Subd. 35. "Sign Face" means the. display surface or surfaces visible from any ground position at any time. - Sttyd. 36. "Sign Heiy~h~t" means the vertical distance measured from grade W lire 77g~at P03`irCu`RSfL~-.Sf~ti bi~>.~"" - ~ ~--- Subd:37."Sign Structure" means the footings, supports, uprights, bracing, framework and surface material of the sign. Subd. 38.."Temporary Election Sign" means a sign promoting a political candidate or issue appearing on the official ballot of any public election. Subd. 39. "Temporary Ground Sign (Fixed)" means a sign which is supported by posts imbedded in the ground and is designed so as [o not be readily movable. Subd. 40. "Temporary Ground Sign (Portable)" means a sign which rests upon the ground, or is mounted on a trailer, and so designed as to be readily movable. Subd. 41. "Temporary Sign" mesas a sign not constructed or intended for long term use. - Subd. 42. "Traffic Signs" means all signs, signals and markings, including street identification signs and all signs authorized or permitted by Minnesota Statutes, Chapter 169. Subd-. 43. "Wall Sign" means a sign which is attached to or erected against or painted on the vertical wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall. Subd. 44. "Wind Device" means any device which is designed to move in the wind. Wind devices include banners, pennants and propellers and balloons l8 inches or less in any dimension. Subd. 45. "Window Sign" means a sign attached to or painted on either side of a window which is visible from the exterior of the building. The term also means a sign located inside the window which is designed primarily to be visible from the exterior of the building. 416.03. Sign Construction Permit. Subdivision I. Permit Required. Except as provided in subdivision 3 of this subsection, it Ps unlawful to install, construct, erect, attar, revise, reconstruct or relocate any sign, as defined in these regulations without first obtaining a permirfrom the building official If the building official finds that the proposed sign is in compliance with all requirements of this section, and the zoning provisions of the city code, a sign construction permit shall be issued. Upon application for the sign permit, the applicant shall apply for any required buildingand electrical permits. Subd. 2. Application. Application shall be made omforma provided by 4he building official. The form shall include the following information: (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 owner of the property on which the sign is to be erected. (d) The exact location of the sign on the site including its position relative to buildings, structures, streets and property lines. (e) Two copies of sign plans and specifications showing the following: 1) number of sign faces 2) sign colors and construction materials ' 3) sign dimensions 4) type, direction, location and intensity of sign illumination and name of eleMrical contraMor 5) method of construMion 6) method of attachment to building or ground 7) stress sheets and calculations showing that the structure fs designed to meet the dead load and wind pressure requirements of the building code. Subd. 3. Sign Construction Permit Exemptions. The following types of signs are exempt from the requirement of this subseMion but are subject to all other requirements and standards applicable to signs: (a) Temporary election signs (b) Home occupaional signs (c) Address signs (d) Identification signs not exceeding two square feet in sign area (e) Traffic signs (f) Garage sale and Estate sale signs (g) Real estate signs (h) Signs erected by governmental agencies in the discharge of their governmental duties (i) Signs warning the public of hazards such as buried cable or high voltage lines (j) Temporary window signs (k) Institutional Directional Signs not exceeding four square feet in sign area. Subd. 4. Permit Fee. The application for a sign construction permit shall 6e accompanied by the fee provided in Appendix D of this code. The fee required in this paragraph is separate from end in addition to any other tees required by this code. Subd. 5. Approval of Sign Permit Applications. Upon presentation of- application, permit fee, plans and specifications and other required informa- tion, the sign construction permit shall be issued by the building official, except as provided in subdivision 6 of this subsection. Subd. 6. Special Approval from Council. In the case of an application for a sign of unusual height, or location, the manager shall refer such sign to the cquncil for approval. No permit for any such sign, so referred, shall be issued without first obtaining the approval of the council Subd. 7. Variance from Terms of Approval Prohibited. No sign shall be erected, used or maintained in a manner at variance from the provisions of this code or different from that approved by the council. Subd. 6. Uniform Enforcement and Appeals Procedure. Any and all orders or rules and regulations adopted or issued by the city enforcement officials pursuant to the provisions of this part shall be enforced in the manner provided in Section 320 of this Code. Similarly, persons aggrieved by any order or rule of regulation may appeal in accordance with the provisions of Section 320 of this Code. 416.05. Sign Installer License. Subdivision I. License Required. No person shall engage in the business of erecting signs until licensed by the city council to do so. No such license shall be required for the creation of signs exempt from sign construction permits. Subd. 2. Application. Application for a sign installer's license shall be made to the city clerk upon such forms as required by the city. The license fee in the amount hereafter provided shall accompany the application. Subd. 3. License Fee. The fee for a sign installer's license shall be in the amount provided for in appendix D of this code. Subd. 4. License Period. The licenses issued under this subdivision shall be for an annual basis running from July 1 through June 30 of the next year. Subd. 5. Bond. No permit shall be issued until the licensee has filed with the city clerk a bond with corporate surety in the sum of $1000. The bond shall guarantee that the licensee will fully and faithfully comply with the provisions of this ordinance and other applicable city ordinances. Subd. 6. Revocation or Non-renewal of License. The sign installer's license may be revoked or not renewed for any violation of the requirements of this section. The decision to revoke br not renew a license may be made by the city after notice to the licensee and a reasonable opportunity for the licensee to be heard. 416.07. DISTRICT REQUIREMENTS. Subdivision 1. Provisions Applicable to All Districts. (a) Signs Prohibited. The following signs are prohibited in all zoning districts of the city: (1) Flashing and motion signs (2) Roof signs., including temporary roof signs, but excluding promotional display devices (3) Any sign which obstructs ingress or egress from any fire escape, window or door (4) Any sign located and maintained on or over any public property except traffic signs and public directional signs, and signs on benches, bus shelters and telephone booths (5) 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, crossroads, driveways or crosswalks. (8) Temporaryground sign (portable) (7) Searchlights (8) Abandoned signs (b) Signs Permitted. The following signs are permitted in all zoning districts of the city subject to all other applicable requirements contained in the Code: (1) Temporary Signs. (i) Real estate signs which do not exceed six square feet in sign area if located in residential districts and 64 square feet in non-residential zoning districts. One real estate sign is permitted on the property being offered for sale or lease. The sign must be removed within seven days following the sale, rental or lease of the property. One additional sign not exceeding six square feet announcing the open house is permitted on the property being offered for sale or (ease on the day preceding the open house and on the day. of the open house. (ii) Garage sale and estate sale signs subject to the same conditions and restrictions as are applicable to real estate signs. (iii) Construction signs which do not exceed six square feet in sign area in residential zoning districts and 64 square feet in sign area in nonresidential districts. One sign is permitted and must be located on the property where the i:onstruMion iaoccurring. The sign must be removed upon completion of construction. The sign may not advertise any product or service. A combination temporary real es- tate/construction sign cannot exceed 128 square feetin sign area per sign face. (iv) Temporary traffic control or warning signs. (P) Address Signs. One address sign is required on each building or portion of a building with separate address. The sign must be of sufficient size and located to be clearly visible from the street on which the address is assigned. (3) Institutional and Recreational Signs. Permanent Ground signs shall not exceed SO square feet~in sign area per face and 25 feet in height and shall be set back al least 1,0 feet from any street right-of-way. Temporary institutional ground signs shalt be subject to the provisions found in subdivision 2(d) (7) of this subsection. Institutional wall, canopy and marquee signs shall not exceed 24 square Peel in total aggregate sign area. Institutional and recreational signs may not be illuminated if located in residential zoning districts between the hours.of 11:00 p.m. and 6:00 a.m. (4) Institutional Directional Signs. (5) Traffic control and regulation signs and public directional signals. (8) Signs permitted pursuant to Section 805 of this Code. Subd. 2. Specific District Regulations. The following signs are permitted only in the districts indicated and shall be regulated according to the requirements herein sal forth: (a) SINGLE~AND TWO FAMILY RESIDENTIAL DISTRICTS (R, R-1, MR-1): (1) Home Occupation or Identification Sign. One non-illuminated home occupation sign not exceeding two square feet in sign area or one non- illuminated identification sign not exceeding two square feet in area. (2) Area Identification Sign. One non-illuminated sign per abutting street not exceeding 24 square. feet in sign area and not exceeding six feet in height. Such sign must not be located closer than 10 feet from any street right- of-way. (3) Temporary election signs subjeM to the following regulations: (i) No sign may exceed eleven square feet in area on one side. SFgns shall not be designed to have more than two sides. (Fi) 3Yo stgrt may-he pFaerd-earlier than the Etnturdwy-cld+eai to 90 days before the general, special or school election to which the signrela[es. (iii) All signs must be removed from display no later than four days following the election to which they relate. Signs relating to unsuc- cessful primary election candidates shall be removed within four. days Following the primary election. (iv) In addition to the other remedies available to the City under this code, any sign remaining on display beyond the times specified in subparagraph (iii) of this paragraph is deemed abandoned to the City and may in the City's discretion be removed, destroyed or otherwise. disposed of. (v) It shall be the responsibility of the sign owner, the property' owner, and in the case of a single family residence, the occupants, to comply' with the provisions of this paragraph. (vi) No such sign shall be placed or maintained without the prior _ approval of the property owner, and in the case oP a single family residence, the occupant. (vii) No sign shall be located closer to the traveled roadway than 10 feel behind the nearest curb. (viii) No sign shall be located within the 50 foot triangle of the street intersection. (b) MULTIPLE FAMILY RESIDENTIAL DISTRICTS (MR-2. MR-3): (1) Identification Signs. One wall sign is permitted per building not exceeding 12 square feet in sign area. (2) Home Occupational Signs. One non-illuminated sign per building not exceeding two square feet in sign area. (3) Area Identification Signs. One freestanding sign not exceeding 24 square feet in sign area or 4 feet in height is permitted per area with 3 or more residential buildings. Such signs shall not be closer than 10 Peel from any street right-ol-way and not closer than SO feet from any street intersection. (4) On-site Directional Signs. Such signs may not exceed three square feet in sign area and if freestanding may not be more than lour feel in height. (5) Temporary Ground Signs other than those described in subdivision 1(b) (1) oP this Subsection may be located only on property owned by a church, school, or non-profit cause or veteran's organization. - (6) Temporary election signs subjeM to the same regulations contained in subdivision 2(a) (3) of this Subsection. (c) NEIGHBORHOOD BUSINESS DISTRICTS (C-t): (1) Identification Signs. One wall sign is permitted per building. The sign may not exceed six square Peet fn sign area and may identify only the bnf{ding address and the names of the businesses located in the building. (2) On-site Directional Signs. Such signs may not exceed three square feet in area and if freestanding shall not exceed four feet in height. (3) Ground Signs. One freestanding sign not exceeding 50 square feet in sign area and 27 leer. in height is allowed for each building. This limitation shall include all types of Freestanding signs except traffic and direMional signs. A minimum vertical clearance of 14 feet is required for any such sign located within 25 feet of any street or driveway intersection or at any other location where pedestrian or vehicle traffic is required to pass under the sign. (4) Wall, Canopy and Marquee Signs. The total sign area for all sucfi signs may not exceed I5 percent of the total wall area of the portion of the wall of the building to which they are attached. In the ease of multiple occupancy, the total area o[ wall, window, canopy or marquee signs which each occupant may erect will not exceed IS percent of the exterior wall of the portion of the building occupied by that occupant and to which the sign is affixed. (5) Window Signs. The total sign area of such sign n~`~ percent of the area of the window they are attached to or GO (8) Projecting Signs. One projecting sign not exceei in sign area maybe erected for each occupant. Such (a feet it•om any wall and shall be rigidly affixed [o itslsupportt t°c aft [f illuminated, such sign may utilize only indirect illuminati toe (d) GENERAL COMMERCIAL AND INDUSTRIAL D, iC55' and 1): g (1). Identification Si ns. One wall si n is cp° g g permitted pe. oR exceeding six square feet in sign area. The sign may identify on, t~odr address and the names of the businesses located in the building, (2) On-site Directional Signs. Directional signs are permit flits not exceed three square feet in sign area and if freestanding dt but fourfeetin height. (3) Ground Signs. The total sign area for all free-standing si, co traffic and directional signs on any property shall not exceed 200 s. in' in sign area and not more than 27 feet in height. A maximum ct clearance of 14 feet must 6e maintained below any freestanding sigt within 25 feet of any intersection of a driveway with street right-of-wt d any other location where pedestrian or vehicle traffic passes under th, (4) Wall, Canopy and Marquee Signs. The total sign area for suet. .t will not exceed IS percent of the total wall area of the portion of the wall. building to which they are attached. In the cases of multiple occupancy. total area of wall, window, canopy or marquee signs which each occul 'I may erect will not exceed 15 percent of the exterior wall area of the por[ioi the building occupied by that occupant and to which the sign is affixed. (5) Window Signs. The total sign area of such signs shall not exceed, percent of the area of the window they are attached to or displayed from. (8) Projecting Signs. One projecting sign not exceeding six square feel in sign area is permitted on each business. Such sign must have a minimum` vertical height clearance of eight feet, may project no more than four feet ' I from any wall and shall be rigidly affixed to its supports and the building. (7) Banners, Wind Devices, Promotional Display Devices and Fixed Temporary Ground Signs subject to the following standards: (i) Fixed Temporary ground signs, banners, wind devices attached to any structure, vehicle, equipment or inventory and constructed of canvas, plastic material, cloth, rubber or other combustible material with or without framework; shall be strongly constructed and shall be securely attached to their supports. They shall be removed (including all framework and supports as soon as damaged or torn. (ii) There shall not be more than one fixed temporary ground sign on any building frontage. (iii) No fixed temporary ground sign, banner, wind device, or promo-. tional display device shall project over public properly or right-oP- way. (iv) No fixed temporary ground sign, banner, wind device or promo- tional display device shall be located in the city without first obtaining a permit therefor from the building official. The building official may impose conditions upon the granting of such permit including the size of such sign or devices. [t shall be unlawful to locate or maintain any such sign, banner or device for a longer period or in a different manner than thabspecified fn the permit. No such permit shall be for a period of more than 7 days. No more than 3 permits shall be issued to any business organization or institution within any calendar year. No such permit shall be granted where such fixed temporary sign, banner, or device is prohibited by other provisions of this code. Permits required by this subdivision are subject to the minimum tee contained in Appendix D. The fee requiredunder Subsection 416.03, subdivision 4 for the sign construction permit may be w•aiv-ed by the city council if the sign, banner, or deviceis to be erected by nonprofit civic or religious institutions or by public bodies. (8) Offsite Directional Signs. In addition to the signs permitted by the preceding provisions a hotel, restaurant or shopping center located on property fiaving frontage on a freeway (1494, I35W, Crosstown Highway 62, and Trunk Highway 77) may have offsite directional signs on other property' abutting upon a freeway if the council grants a permit therefor. The application for such permit shall be made to the building official and shall contain such information as to establish the necessity of such sign. 1o such permit shall be issued. until after the City Council has conducted a public hearing an the matter. Published and mailed notice of the public hearing shall be provided to property owners within 350 feet of the site where the sign is to be located at least 30 days prior to the date of the public hearing. The council shall not grant such a permit unless it determines that the following conditions will be met. - - (i) The offsite directional sign shall be located' on C-2 general com- mercially or I general industrially zoned property. (ii) The sign is directional only, indicating which exit from [he freeway should be used. (iii) That there are conditions present on the site which obscure the visibility of the site and make it difficult for a motorist to determine how to get to the site. (ii•) Such sign shall have a sign area of no more than 100 square feet in area and be no more than 27 feet in height. (v) That the design of the sign and lettering thereon shall be simple and easily read, containing a minimal number of words with no unneces- nary decoration or pictures. R•i) That the offsite directional sign will not conceal or obscure br otherwise adversely impact other buildings or signs in the area. (vii) That the gFfsite directional sign will no[ have an adverse impact on traffic safety. (e) PLANNED UNIT DEVELOPMENTS. Only the signs shownon the approved PUD plan shall be permitted. 416.09. OUTDOOR ADVERTISING DISPLAYS. Subdivision 1. Permit Re- quired. No new outdoor advertising display may 6e established in the city unless a permit is first obtained. Permits may be issued by the City Council - only' after a public hearing preceded by the giving of 10 days notice mailed to the owners and occupants of all properties located in whole or in part within 660 feet of the proposed outdoor advertising display. Failure to comply with this notice requirement, however, shall not invalidate the proceedings. The council may attach conditions upon the granting of any permit. Subd. 2. The following regulations apph' to all outdoor advertising displays within the city': (a) Outdoor advertising displays are permitted onh' in the C-2, PC2, I and Pl districts of the city. -(b) An outdoor advertising display may not exceed 750 square feet in sign area per face. (c) An outdoor advertising display may have no more than two sign laces. (d) All outdoor advertising displays will be freestanding signs either supported by a single or double columnor some other support which has all structural and support members screened from view from all directions. (e) Outdoor advertising displays may not be located closer than 1,000 feet apart as measured along the same side of the same roadway'. (f) The sign face of outdoor advertising displays must not be visible from the boundary' of any residentially zoned property which is located entireh~ or partially within 300 Peet of the sign face. (g) Outdoor advertising displays may not be located within 300 feet of any schoolor~church. (h) Outdoor advertising displays must comply with the setback require- ments for buildings in the zoning district in which they are located. Any variance from those requirements will be subject to the procedure estab- lished in the zoning code for such variances. (i) No outdoor advertising displays may exceed 2: feet in height above the ground level of the nearest street towards where it faces. The council ma}~ permit an.Fncrease in the allowable height to a maximum of 48 feet in the event that the following findings are made. (1) As a result o[ unique circumstances. a sign 27 feet in height could nut be located oil :Tie premises so as 2° be visible from Me ~-.-- abutting street which it faces or that the visibility of the sign from such street could be substantialh'obstructed. (2) The increased height of the sign would be unlikelc to have any' adverse or detrimental impact upon traffic safety, pedestrian safety. aesthetics, or the .'aloe of other properties within the area. (j) No outdoor adveritising display may exceed 65 feet in length. (k) Outdoor advertising displays shall not be closer than 660 feet from the right-of-way of any Leeway within the city (including Highways 35-N', 494, 62 and 77). No "traveling" or changing message sign shall be located so as to face any freeway or be visible from the freeway. Any outdoor advertising displays legally located within 660 feet of any such freeway at the time of adoption of this provision nray' be replaced, subject to compliance with the other provisions of the part and subject to the limitations hereinafter contained, either in the same location or at another location along anc such freeway provided that such alternate location is first approved by the council. The council mac approve a relocation IF it Finds that the relocation will lessen any adverse impget of the sign upon Traffic safety' and aesthetics. (I) A permit shall not be issued for any new outdoor advertising display if such outdoor advertising display would be within 300 feet of any other such outdoor advertising display already in existence in the interior of the same city block or its equivalent area. Subd. 3. Nonconforming Outdoor Advertising Displays. Outdoor Advertis- ing Displays lawfully erected and located on the etfeMiye date of this subsectionmay' continue subject to the following limitations: (a) Except as provided in Subdivisions 2, paragraph (k) of this subsec- tion, no nonconforming outdoor advertising display may be expanded. rebuilt, relocated or altered without being brought into conformity' with the regnirements of this ordinance. This provision shall not apply to the following circumstances: "(1) The rebuilding of an outdoor advertising display which sustains damage the repair of which in the opinion of the building otticial will cost less than 50 ~~ o[ the replacement cost of physical structure prior to the damage. (2) Nonstructural alterations or modifications designed to improve the appearance of the sign and changes of the sign face. (b) Any outdoor advertising display which is not used for advertising purposes for a period of more than two rears shall be deemed abandoned and must be removed br the owneroi the parcel on which it is located. 416.11 CONSTRUCTION, DESIGN, LOCATION AND MAINTENANCE OF SIGNS. Subdivision 1. All Signs; Construction, Design, Location and Main- tenance. Eren• sign shall conform to the standards of this part whether or not a permit therefor is required, and nothing contained herein shall be construed as modifying or repealing am of the provision of This code relating to zoning. No sign shall be so located as to obscure or tend to obscure anc existing sign. The following additional requirenientts are to be observed: la) Where portions o[ a sign are subject to different classifications, each portion shall meet the requirements of its classification. (b) All signs and sign structures shall be maintained in a sate condition and in a state o[ good repair at,all times. No sign shall. display obscene matter. Subd. 2. Ground Signs: Construction and Design. The following standard shall be maintained for all ground signs: • To Page 18A Minnesota Suburban Newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Donald K. Mortenson being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as R i c h f i e l d S U n-Current ,and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Bi.l t No. 1987--24 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on W e d n e s d a v ,the 2 day of _ and SPD'f 19 87 ,and was thereafter printed and published on every to the day of 19 and printed below is including a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abedefghijklmnopgrs wxyz ~ _ BY: TITLE: dper~tions Manager ,'Subscribed and sw~rn to before me on this _' ~~9 day of e p t ~ 19 87 , Jo'~ary Pf,}~fYic ;: ~;'~ti'~~~1. M. HEL`$LOM [t?~,7 ! t.BLIC - MJNNPSOTAA > ":~ , C~~JNTY ~' , . c.. .. .~ ~;;;,,~res 7-2-92 RATE INFORMATfON (1) Lowest classified rate paid by commercial users $ 1.85 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 40.1¢ per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 38¢ per line (Line, word, or inch rate) Continued from Page 17A (a) Theo ::ner, lessee, or occupant of the land on which the ground sign is located, and..the.owner of the sign, shall keep the property on which the sign is located:free of long grass, weeds or other rank grown, rubbish or debris. (b)`All parts of ground signs, shall be designed For wind pressure of not Icss.fhan 30 pounds per square foot, and permanent ground signs of wood constriction shall have all members which extend into the ground protected" from deQay by treatment with a preservative as required by the building code. --- ~- (c) -Pedestal signs permitted by the zoning regulations of the city and by this pardLmay be located adjacent to the right-ot-way of a street or highway. but.np.pprt thereof shall extend over the right-of-way• (d) The minimum clearance of any sign from unprotected electrical condµgtprs (whether poles or other installations) shall be not less than 36 inches~:~oj conductors carrying not over 600 volts, and 49 inches from conduStoFS carrying more than 600 volts. g k{l ~y projection Signs: Construction and Design. The following stan- dards sjtgll be maintained for all projection signs: - (a).,(!<tl portions o[ projection signs shall be designed for a wind pressure of n@1 leas than 30 pounds per square foot. (DJ;ASugh signs shall not project over public street right-of-way, but may proje~C{.Iq,}~J'.~ sidewalks located on private property such as shopping center side„gialj¢ay4No such sign shall be less than-12 feet above the level of the sidewal provided that such signs which do not exceed four square Feet, and which do .,na,LsQ,coject more than two feet over the sidewalk may be eight or mote jef~4 hesidewalk. ic.).T ~ ing or structure from which any such sign projects and all auac~iP§~ytg~ stenings must be so constructed as to safely resist the dead load.ai„ ad added by the attached sign. The sign must be rigidly attached tA.+As rts. (tTS~;Alhsucj4„ ns shall be of ron-combustible materials, or of fire retardant co6atr~t4ttion. Subd. 4. Fall Signs; Construction and Design. The following standards shall be rtaintaiied for all wall signs: (a).No wti$'sign. shall hate a projection over a private sidewalk or an establfshedJtpldittg~line of more than 12 inches. lb) The tgaLgrfpls, construction and attachment of any such sign shall conform tot44@creA~jirements of the building code. Subd. 5. l~o{{oOpt¢lming Signs. (yyk,~,gy;b+j(nrppohtbtted by this ordinance or not in conformance with the standards, req Wrements and provisions of this ordinance, which was lawfully erectod ~.~d<•,p~gitptained prior to this ordinance, shall be defined as a Hong . @*~~R>dt'~'' (b Exrepl as Provided in Subsection 416.109 subdivision 3, all noncon- formjpjf @~g~g§ be removed or brought in conformity with this ordinance wittiiq{j~fipldp time periods: tit lbl b onforming temporary sign: within 60 days of the is ordinance. ~' Ali ~ onforming permanent sign: within ten (10) years of the ,•i@ ' is ordinance. ;,1a~$~ in this ordinance shall relieve the owner or user of any non sign or owner of the property on which the nonconforming sign is•t from maintaining the sign in a manner consistent with the pros'Js this ordinance. (d)ad!ipdconforming signs shall riot be expanded, rebuilt, relocated or altereQ,@l,~,4r than to change the copy without being brought into compliance with• the,. requirements of [his ordinance. Nonstructural alterations or modifications designed to improve the appearance of the sign which do not increase the sign area are permitted. (e) Whenever use of a nonconforming sign has been discontinued for a period of two years, such use shall not thereafter be resumed unless it is in conformance with the provisions of this ordinance. Passed by the Cit}' Council of the City of Richfield. Minnesota this 24th day of August. 1987. JOHN N. HAMILTON. Mayor ATTEST THOMAS FERBER. Cih' Clerk „o,~ atrtr (Sept. " '