ORD 05-29ORDINANCE NO.: 2005-29
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE PROVIDING FOR A COMPREHENSIVE REVISION TO CHAPTER 20,
SECTION 37 OF THE OTSEGO CITY CODE REGULATING SIGNS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 37 of the Otsego Zoning Ordinance is hereby repealed in its entirety
and replaced by the following provisions:
SECTION 37
SIGN REGULATIONS
Section
20-37-1:
Purpose
20-37-2:
Substitution Clause
20-37-3:
General Provisions
20-37-4:
Permitted and Prohibited Signs
20-37-5:
Zoning District Regulations
20-37-6:
Special Use Regulations
20-37-7
Permits Required, Inspection and Removal
20-37-8:
Non -Conforming Signs
20-37-1: FINDINGS, PURPOSE AND EFFECT:
A. Findings. The City Council hereby finds as follows:
1. Exterior signs have a substantial impact on the character and quality of
the environment.
2. Signs provide an important medium through which individuals may convey
a variety of messages.
3. Signs can create traffic hazards, aesthetic concerns and detriments to
property values, thereby threatening the public health, safety and welfare.
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4. The City Code has 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
adversely impact the aesthetics of the community and threaten the health,
safety and welfare of the community. The regulation of physical
characteristics of signs within the City has had a positive impact on traffic
safety and the overall appearance of the community.
B. 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
article 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 article is to:
1. 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.
2. Maintain, enhance and improve the aesthetic environment of the City by
preventing visual clutter that is harmful to the appearance of the
community.
3. 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.
4. Provide for fair and consistent enforcement of the sign regulations set for
herein under the zoning authority of the City.
C. Effect. A sign may be erected, mounted, displayed or maintained in the City if it
is in conformance with the provisions of these regulations. The effect of this sign
ordinance, as more specifically set forth herein, is to:
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.
2. Allow certain small, unobtrusive signs incidental to the principal use of a
site in all zoning districts, subject to the standards set forth in this sign
ordinance.
3. 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.
4. Provide for the enforcement of the provisions of this sign ordinance.
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20-37-2: SUBSTITUTION CLAUSE: The owner of any sign which is otherwise allowed by
this sign ordinance may substitute non-commercial copy in lieu of any other
commercial or non-commercial copy. This substitution of copy may be made
without any additional approval or permitting. The purpose of this provision is to
prevent any inadvertent favoring of commercial speech over non-commercial
speech, or favoring of any particular non-commercial message over any other
non-commercial message. This provision prevails over any more specific
provision to the contrary.
20-37-3: GENERAL PROVISIONS:
A. No signs, other than those of governmental jurisdictions, shall be permitted within
public right-of-way or roadway easements.
B. No sign or sign structure, unless otherwise regulated by this Section, shall be
closer to any lot line than ten (10) feet. On comer lots, no sign shall be located
within the visibility triangle required by Section 20-16-8 of this Chapter.
C. No sign shall be placed within any drainage or utility easement.
D. No signs, guys, stays or attachments shall be erected, placed or maintained on
rocks, fences, or trees, nor interfere with any electric light, power, telephone or
telegraph wires or the supports thereof, with the exception of signs necessary for
security, or to preserve public safety, as determined by the City Council.
E. No sign shall be attached or be allowed to hang from any building until all
necessary wall and roof attachments have been approved by the City Building
Official.
F. No sign shall be permitted to obstruct any window, door, fire escape, stairway or
opening intended to provide light, air, ingress or egress of any building or
structure.
G. The installation of electrical signs shall be subject to the State's Electrical Code.
Electrical service to such sign shall be underground.
H. Illuminated signs shall comply with Section 20-16-10 of this Chapter and shall be
shielded to prevent lights from being directed onto residential property, or at
oncoming traffic in such brilliance that it impairs the vision of the driver. Nor shall
such signs interfere with or obscure an official traffic sign or signal. This includes
indoor signs which are visible from public streets and highways.
Landscaping that accompanies signage must be approved by the Zoning
Administrator with regards to installation, design and maintenance.
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J. Signs and sign structures shall be properly maintained and kept in a safe
condition. Sign or sign structures which are rotted, unsafe, deteriorated or
defaced, as determined by the City Building Official or Zoning Administrator, shall
be removed, repainted, repaired, or replaced by the permit holder, owner or
agent of the property upon which the sign stands.
K. The owner, lessee or manager of any ground sign and the owner of the land on
which the same is located shall keep grass or weeds and other growth cut and
debris and rubbish cleaned up and removed from the lot on which a sign is
located.
20-37-4: PERMITTED AND PROHIBITED SIGNS:
A. Permitted Signs. The following signs are allowed without issuance of a sign
permit as provided for by Section 20-37-6.A of this Chapter:
1. In addition to the signs allowed by Section 20-37-4 of this Section, two (2)
signs not exceeding sixteen (16) square feet shall be allowed per lot.
2. Campaign Signs. Notwithstanding any other provisions of the sign
ordinance, all signs of any size containing non-commercial speech may be
posted from August in any general election year until ten (10) days
following the general election and thirteen (13) weeks prior to any special
election until ten (10) days following the special election, in accordance
with Minnesota State Statutes Section 211 B.045.
3. Window signs shall be allowed subject to the sign area allowances of the
respective zoning districts provided that the sign not exceed twenty-five
(25) percent of the total area of the window in which they are displayed.
4. Any Signs in the public interest, erected by, or on the order of, public
officers in the performance of their public duty, such as directional signs,
regulatory signs, warning signs, and informational signs and all warning
signs posted by public utilities whether or not such signs are in the public
rights-of-way.
B. Prohibited Signs. The following signs are prohibited:
1. Off -premises signs.
2. Motion signs except as allowed by Minnesota Statutes Section 173.16,
Subd. 3.
3. No private sign shall be erected that resembles any official marker or sign
erected of a governmental agency or shall display such words as "stop" or
"danger" unless so specified by this Chapter or the City Code.
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4. Projecting Signs.
5. Roof Signs.
6. Signs on or attached to equipment such as vehicles, semi -truck trailers or
other portable trailers where signing is a principal use of the equipment on
either a temporary or permanent basis.
20-37-4: ZONING DISTRICT REGULATIONS:
A. Agricultural Zoning Districts as defined by Section 20-50-1 of this Chapter.
1. All signs as outlined in Section 20-37-4.A of this Section.
2. One (1) sign provided that:
a. The area of the sign shall not exceed sixty-four (64) square feet.
b. Freestanding signs shall be limited to a maximum height of eight (8)
feet.
3. In addition to the signs allowed by Section 20-37-4.A.1 and 2 of this sub-
section, one (1) sign shall be allowed subject to the following provisions:
a. The area of the sign shall not exceed thirty-two (32) square feet.
b. Freestanding signs shall not exceed a maximum height of eight (8)
feet.
C. The sign shall be displayed for not more than twenty-one (21) days
within a calendar year, except by interim use permit.
B. Residential Zoning Districts as defined by Section 20-50-1 of this Chapter.
1. All signs as outlined in Section 20-37-4.A of this Section.
2. One (1) sign provided that:
a. The area of the sign shall not to exceed sixty-four (64) square feet.
b. Freestanding signs shall be limited to a maximum height of eight (8)
feet.
3. In addition to the signs allowed by Section 20-37-4.13.1 and 2 of this sub-
section, one (1) sign shall be allowed subject to the following provisions:
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C.
a. The area of the sign shall not exceed thirty-two (32) square feet.
b. Freestanding signs shall not exceed a maximum height of eight (8)
feet.
C. The sign shall be displayed for not more than twenty-one (21) days
within a calendar year, except by interim use permit.
Business and Industrial Zoning Districts as defined by Section 20-50-1 of this
Chapter.
All signs as outlined in Section 20-37-4.A of this Section.
2. The total area of all signs displayed on a lot shall not exceed fifteen (15)
percent of the total building facade fronting not more than two (2) public
streets.
3. Freestanding. Not more than one (1) double -sided freestanding sign.
Sign area may not exceed one hundred (100) square feet each side with a
maximum height of twenty (20) feet, except that for signs within the
Freeway Corridor District, the sign area shall not exceed two hundred
(200) square feet each side with a maximum height of fifty (50) feet.
4. Wall, Canopy, or Marquee. Wall, canopy, or marquee signs shall be
permitted on one facade fronting a public street, except in the case of a
comer lot or through lot where wall signs may be installed on two facades
fronting a public street. The area of individual signs shall not exceed one
hundred (100) square feet, except that for signs within the Freeway
Corridor Districts, the area of signs installed on the facade of a principal
building fronting to a principal arterial roadway shall not exceed two
hundred (200) square feet.
5. Multiple Principal Buildings and Multiple Tenant Buildings. When property
is developed with two (2) or more principal buildings on one property or a
principal building has more than (2) tenants each with an exclusive
exterior entrance, signs shall be allowed subject to review and approval of
the Zoning Administrator based upon the following requirements:
a. A comprehensive sign plan is submitted that includes all of the
following information:
(1) A site plan to scale showing the location of lot lines,
buildings, structures, parking areas, existing and proposed
signs and any other physical features of the area included
within the proposed comprehensive sign plan.
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(2) Elevations to scale of buildings included within the
comprehensive sign plan including the location of existing or
proposed wall, canopy or marquee signs.
(3) To scale plans for all existing and proposed signs of any
type included within the comprehensive sign plan indicating
area, dimensions, height, materials, colors and means of
illumination (if any).
(4) No permit shall be issued for a new or replacement sign for
an individual use except upon a determination by the Zoning
Administrator that it is consistent with the approved
comprehensive sign plan for the site.
b. One temporary sign as provided for by Section 20-37-4.C.6 of this
Section shall be allowed for each tenant provided that only one (1)
such sign per property is displayed at any time.
6. In addition to the signs allowed by Section 20-37-4.C.1 through 5 of this
sub -section, one (1) sign shall be allowed subject to the following
provisions:
a. The area of the sign shall not exceed thirty-two (32) square feet.
b. Freestanding signs shall not exceed a maximum height of eight (8)
feet.
C. The sign shall be displayed for not more than twenty-one (21) days
within one (1) calendar year, except by interim use permit.
D. Institutional Zoning Districts as defined by Section 20-50-1 of this Chapter.
1. All signs as outlined in Section 20-37-4.A of this Section.
2. Not more than one (1) double -sided freestanding sign. Sign area may not
exceed one hundred (100) square feet each side with a maximum height
of twenty (20) feet.
3. Wall, canopy, or marquee signs shall be permitted on any facade fronting
a public street. There shall be no limit as to the area of individual signs.
4. In addition to the signs allowed by Section 20-37-4.D.1 through 4 of this
sub -section, one (1) sign shall be allowed subject to the following
provisions:
a. The area of the sign shall not exceed thirty-two (32) square feet.
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b. Freestanding signs shall not exceed a maximum height of eight (8)
feet.
C. The sign shall be displayed for not more than twenty-one (21) days
within one (1) calendar year, except by interim use permit.
20-37-5: SPECIAL USE REGULATIONS:
A. Area Identification Signs. Signs at the entrance to an area or subdivision from
collector or arterial street defined by the Otsego Comprehensive Plan shall be
allowed provided that:
1. Not more than one (1) sign shall be allowed at each entrance from a
collector or arterial street.
2. Area:
a. For agricultural and residential districts, the area of each sign shall
not exceed thirty-two (32) square feet.
b. For business, industrial or institutional districts, the area of each
sign shall not exceed two hundred (200) square feet.
3. Height.
a. For agricultural and residential districts, the maximum height of
each sign shall be eight (8) feet.
b. For business, industrial and institutional districts, the maximum
height of each sign shall be twelve (12) feet.
4. Signs shall be located on outlots of sufficient size and area to
accommodate said structure. An association or other form of deed
restriction and ownership deemed acceptable by the City Council and
involving all the properties within the designated area shall be required,
which shall own and be responsible for the upkeep, perpetual
maintenance, taxes, insurance, utilities and other costs associated with
the sign(s) and the outlot upon which it is located. The association rules
or by-laws, or similar legal document, shall specify how the
aforementioned sign responsibilities will be delegated and paid for. Such
legal document shall be subject to the review and approval of the City
Attorney.
5. Outlots for signs shall be considered and planned for at the time of
preliminary plat application and be included in the final plat. The
subdivision development contract between the City and the developer
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shall specify the designated use of the outlot, its ownership and the
respective responsibilities regarding the outlot.
6. The outlot area around the sign shall be landscaped in such a manner to
accent and enhance the sign while remaining sensitive to the natural
features of the site. Detailed site and landscape plans shall be included
with each sign permit application and shall be subject to City Council
review and comment.
7. The design and construction of area identification signs shall be done with
the highest quality materials and workmanship to keep maintenance and
upkeep costs to a minimum and to minimize the potential for vandalism.
Area identification signs are to be aesthetically pleasing when designed
and constructed. The sign shall be compatible with nearby structures in
the area. Detailed construction plans and a materials list shall be included
with each sign permit application and shall be subject to City Council
review and approval.
8. The City reserves the right to require the removal, at the owner's expense,
of any sign when the requirements of this section are not completely
followed and adhered to, or if the sign is not properly maintained or falls
into a state of disrepair. The City shall not have any obligation or liability
to replace any sign when removed by the City.
B. Motor Fuel Station. Signs for motor fuel stations shall be regulated by the sign
provisions for the zoning district in which the station is located, except that a sign
not to exceed thirty-two (32) square feet shall be allowed to display current fuel
prices in accordance with Minnesota State Statutes Section 239.751.
C. Planned Unit Development District. Within a planned unit development district as
defined by Section 20-50-1 of this Chapter, sign allowances shall be based upon
the individual uses and structures within the development in compliance with the
standards applied for the conventional zoning district where such uses are
allowed.
20-37-6: PERMITS REQUIRED, INSPECTION AND REMOVAL:
A. Except as provided in Section 20-37-4.A, no sign or structure shall be erected,
constructed, altered, rebuilt or relocated until a permit has first been issued by
the Zoning Administrator.
1. Sign Application. The following information for a sign permit shall be
supplied by an applicant upon submission of a sign permit application:
a. Name, address and telephone number of person making
application.
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b. Name, address and telephone number of person owning sign.
C. The name, address telephone number and signature of the person
owning the property upon which the sign is to be located.
d. A site plan to scale
structures, parking ar
other physical features.
showing the location of lot lines, building
eas, existing and proposed signs and any
Plans, location and specifications and method of construction and
attachment to the buildings or placement method in the ground.
Landscape plans for area around signs.
Written consent of the owner or lessee of any site on which the sign
is to be erected.
Any electrical permit required and issued for the sign.
Future maintenance plans.
Sign value.
k. The applicant shall certify that the application is in full compliance
with this Chapter and all other applicable provisions of the City
Code.
Application Processing and Action.
a. Within fifteen (15) working days of receiving an application for a
sign permit, the Zoning Administrator shall review it for
completeness. If the application is complete, it shall then be
processed. If the Zoning Administrator finds that it is incomplete,
the Zoning Administrator shall, within such fifteen (15) working day
period, send to the applicant a notice of the specific ways in which
the application is deficient, with appropriate references to the
applicable sections of this Chapter and/or the City Code.
b. Upon receipt of a complete application, the Zoning Administrator
shall review and comment upon application and shall either:
Issue the sign permit, if the sign(s) that is the subject of the
application conforms in every respect with the requirements
of this Chapter and the City Code.
2. Reject the sign permit if the sign(s) that is the subject of the
application fails in any way to conform with the requirements
of this Chapter and the City Code.
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C. In case of a rejection, the Building Official shall specify in the
rejection the Section or Sections of this Chapter and/or the City
Code with which the sign(s) is inconsistent.
d. If the work authorized under a permit has not been initiated within
sixty (60) days after the date of issuance, the permit shall be null
and void.
3. Fees. Fees for the review and processing of sign permit applications shall
be imposed in accordance with the schedule established by Section 2-4-1
of the City Code.
B. Inspection. All signs shall be subject to inspection by the Zoning Administrator
and/or Building Official.
C. Removal of Signs.
1. The Zoning Administrator and/or Building Official shall order the removal
of any illegal non -conforming sign erected or maintained in violation of this
Chapter. Notice in writing shall be given by the City to the owner of such
sign, or of the building, structure or property on which such sign is located,
to remove the sign or to bring it into compliance with the provisions of this
Section within fifteen (15) days from the date of said notice.
2. Upon failure to remove the sign or to comply with this notice, the City may
remove the sign. Any costs of removal incurred by the City shall be
assessed to the owner of the property on which such sign is located and
may be collected in the manner of ordinary debt or in the manner of taxes
and all costs shall be assessed against the property.
3. The Zoning Administrator and/or Building Official may order the immediate
removal of any sign without notice, which is in violation of the following:
a. Signs located within the public right-of-way.
b. Temporary signs that have exceeded the time limits allowed in this
Section.
C. The condition of the sign is such as to present an immediate threat
to the safety of the public.
20-37-7: NON -CONFORMING SIGNS AND USES:
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A. Non -Conforming Signs. Any non -conforming on -premise sign lawfully existing
upon the effective date of this Section may be continued at the size and in the
manner existing upon such date, subject to the following provisions:
Maintenance and Repair. Nothing in this Section shall be construed as
relieving the owner or user of a legal non -conforming sign or owner of the
property on which the legal non -conforming sign is located from the
provisions of this Section regarding safety, maintenance, and repair of
signs, provided that any repainting, cleaning, and other normal
maintenance or repair of the sign or sign structure shall not modify the
sign structure or copy in any way which makes it more non -conforming or
the sign shall lose its legal non -conforming status. Illegal, non -conforming
signs shall be removed by the property owner within ten (10) days of
notice from the City.
2. Prohibited Alterations. A non -conforming sign may not be:
a. Structurally altered except to bring it into compliance with the
provisions of this Section.
b. Enlarged.
C. Re-established after its removal or discontinuance.
d. Repaired or otherwise restored, unless the damage is to less than
fifty (50) percent of sign structure value as determined by the
Zoning Administrator.
e. Replaced (Applies to structure only and not message).
B. Non -Conforming Uses. When the principal use of land is legally non -conforming
under this Chapter, all existing or proposed signs in conjunction with that land,
unless otherwise provided for by this Chapter or the City Code, shall be
considered conforming if they are in compliance with the sign provisions for the
zoning district in which the principal use is allowed.
Section 2. This Ordinance shall become effective immediately upon its passage and
publication.
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ADOPTED by the Otsego City Council this 12th day of December, 2005.
CITY OF OTSEGO
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rier, Mayor
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Juy u s n, City Clerk/Zoning Administrator
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