12-05-05 PCITEM 3_11
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Gilson Memorial Highway, Suite 202, Golden Valley, MFA 55422
Telephone: 703.231.2555 Facsimile: 783.231 .2501 pl�r�nc?ra<iriaCpl�ririii7g c;Grr�
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Laurie Shives / Daniel Licht, AICP
APPLICATION: Otsego — Riverwood National; Club House
REPORT DATE: 30 November 2005
NAC FILE: 176.02 — 05.35
BACKGROUND
Bulow, Inc. has submitted plans for private golf course club house and dining facility and
a maintenance building to be constructed on Lot 1, Block 13 of Riverwood National.
The site is located within the Riverwood National PUD development which includes an
18 -hole championship golf course and 155 single family and townhouse residential
dwelling units. The final plat for the development was approved by the City Council on
22 March 2004. The subject site is zoned PUD, Planned Unit Development, which
allows for the mixed residential and commercial uses.
Exhibits:
A.
Site Location
B.
Building Elevations
C.
Building Floor Plan
D.
Building Rendering
E.
Grading Plan
F.
Landscape Plan
ANALYSIS
Use. The private clubhouse and dining facility is an allowed use within the established
PUD District. The proposed facility is to be privately owned and maintained by the
owner and operator of the Riverwoods National Golf Course.
Building Design. The one-story clubhouse and dining facility, as well as the
maintenance structure are proposed to be constructed using hardi-plank lap siding as
the main exterior building material and roof accents using hardi-plank shakes with
asphalt shingles. Additionally, the clubhouse building is proposed to have a row of
windows along the back (south) and west side fagades accented by decorative
columns. The front fagade is proposed to have a front entrance overhang with support
columns accented with cultural stone. These proposed building materials are compliant
with the City's building regulations established in Section 20-17-4 of the Zoning
Ordinance. The overall appearance of the building is consistent with that of the Vintage
Golf course clubhouse and maintenance building, as well as the predominate residential
dwellings in the area.
Access. Access to the subject site is provided off of CSAH 39. The location of the
access was previously approved by Wright County at the time the preliminary plat of
Riverwood National was processed and approved.
Off -Street Parking. According to Section 20-21-9.K of the Zoning Ordinance, private
clubs serving food and/or drinks are required to provide at least one space for each 40
square feet of gross floor area of dining and bar area and one space for each 80 square
feet of kitchen area. Using this formula, the subject site would be required to provide 81
spaces, as shown in the calculation below.
(3,008 square feet/40 square feet) + (513 square feet/80 square feet) = 81 spaces
Parking requirements for the other uses in the clubhouse building, pro -shop, outdoor
patio and locker rooms should be determined similar to how the parking requirements
were determined for like uses within the Vintage Pro Golf Course clubhouse. The
formula used for determining parking requirements for the Vintage clubhouse was four
stalls per green plus 50 percent of the parking stall requirement for any other associated
use. Aside from the bar and restaurant, associated uses in the clubhouse include retail
sales of golf equipment and accessories, locker rooms and seating areas. Based upon
these proposed uses and the submitted floorplans, an additional 76 spaces would be
needed, for a total of 157 spaces.
The submitted plan indicates 164 parking spaces including seven handicap accessible
spaces. As such, the proposed number of parking spaces is compliant with the Zoning
Ordinance provisions.
Landscaping. The applicant has submitted a landscape plan for the clubhouse site.
The landscape shows perimeter plantings along a portion of the front of the clubhouse
building and along the south side of the maintenance building. The landscape plan
2
identifies the planting of only seven (7) trees, three white ash and four black hills spruce
trees, within the remainder of the site. City staff feels that the landscape plan is
inadequate for the site and that additional screening and perimeter plantings must be
added to the site.
Section 20-16-7.0 of the Zoning Ordinance states that uses located within new
residential subdivisions, semi-public uses and all income-producing property uses
(excluding residential dwelling units containing less than four (4) dwelling units) shall
produce a landscaping scheme with an emphasis upon the following areas: 1) the
boundary or perimeter of the proposed site at points adjoining other property, 2) The
immediate perimeter of the structure and 3) The perimeter of parking and loading areas.
Section 20-16-7.C.2.d (4) states that all ground areas under the building roof overhang
must be treated with decorative mulch and/or foundation plantings. And finally, Section
20-21-4.H.15 requires that all open and off-street parking for uses such as the subject
site have grass plantings and landscaping within all areas bordering the parking area.
The landscape plan must also address the parking lot islands. The applicant must
submit a revised landscape plan which shows perimeter plantings around the entire
clubhouse and maintenance buildings, additional plantings such as overstory trees
along the CSAH 39 frontage and the east and west side of the parking areas forward of
the building to provide more of a visual screen or break of the parking and loading areas
Exterior Lighting. The applicant has not submitted a lighting plan and will be required
to do so prior to placement of any exterior light fixtures. Provisions in Section 20-16-10
of the Zoning Ordinance require that any exterior lighting shall be arranged to deflect
light away from adjoining residential uses and public streets. All lighting shall be
hooded and contain a cutoff that directs the light downward as an angle of 90 degrees.
Signs. The applicant has not submitted any plans for proposed signage on the site. All
signage must comply with provisions outlined in Section 37 of the Zoning Ordinance
and all signs on the proposed development are subject to the approval of City Staff prior
to their placement on the site.
Park and Trail Dedication. The developer did not dedicate any land to the City as a
part of the Riverwood National development and was thus subject to payment of a park
and trail dedication fee in lieu of land. The applicant has not paid the required park and
trail dedication fees for the club house lot of the Riverwood National development. As a
condition of approval when the Riverwood National final plat was approved by the City
Council, park dedication for the subject site was deferred for a period of two (2) years
from the approval date (22 March 2004) or issuance of any building permits for that site,
whichever comes first. Required park and trail dedication fees for commercial uses are
equal to $7,000.00 per gross acre of land. The subject site contains 3.84 acres for a
total required park and trail dedication fee of $26,880.00 to be paid prior to the issuance
of any building permits for the site or on or before 22 March 2006, whichever first
occurs.
Utilities. Along with the residential dwellings within the Riverwood National subdivision,
the proposed club house development will be served by a package waste water
treatment plant and common water system. The water system is currently operational,
as is the lift station for the collection of sanitary waste. The construction plans for the
waste water treatment plant have been finalized save for approval from the MPCA,
which is pending. The determination as to whether a Certificate of Occupancy will be
issued for the clubhouse and maintenance facilities prior to the waste water treatment
plant being operational is a decision for the City Council.
Grading, Drainage & Utilities. Preliminary construction plans have been submitted.
All grading, drainage and utility plans are subject to the review and approval of the City
Engineer.
RECOMMENDATION
The applicant has submitted necessary information for the Riverwoods National
clubhouse PUD Development Stage Plan. There are a few minor requirements that
must be addressed, mostly dealing the landscape plan. Thus, our office recommends
approval of the application as outlined below.
POSSIBLE ACTIONS
A. Motion to approve a PUD Development Stage Plan for the Riverwoods National
Clubhouse and related maintenance building, subject to the following conditions:
1. A revised landscape plan must be submitted compliant with Section 16 of
the Zoning Ordinance and is subject to approval by City Staff.
2. A lighting plan illustrating the type, location, height and illumination patter
of all exterior lighting compliant with Section 20-16-10 of the Zoning
Ordinance must be submitted and is subject to the approval of City staff.
3. Plans for any proposed signage shall be submitted and must comply with
the allowances for business districts within Chapter 37 of the Zoning
Ordinance and all applicable regulations of the PUD District.
4. Building plans are subject to the review and approval of the City Building
Official and a building permit shall be obtained prior to construction on the
site.
5. The applicant shall not receive a Certificate of Occupancy for the
clubhouse and maintenance facilities until such time as the Riverwood
National waste water treatment plant is constructed and is operational
unless approved by the City Council.
6. The park and trail dedication fee of $26,880.00 shall be paid prior to the
issuance of any building permits for the site or on or before 22 March
2006, whichever first occurs.
7. All grading, drainage and utility plans are subject to the review and
approval of the City Engineer.
8. Comments of other City Staff.
B. Motion to deny the application based on a finding that the request is inconsistent
with the Comprehensive Plan and/or the Zoning Ordinance.
C. Motion to table.
C. Mike Robertson, City Administrator
Judy Hudson, City Clerk/Zoning Administrator
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Chris Bulow, Bulow, Inc.
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ITEM 3-2
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Mer-noriai Highway, Suite 202, Golden Valley, MH 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nersi;�Inacplanning.com
MEMORANDUM
TO: Otsego Planning Commission
FROM: Laurie Shives/Daniel Licht
DATE: 30 November 2005
RE: Otsego - Zoning Ordinance; Chickens in Residential Districts
FILE: 176.08 — 05.07
BACKGROUND
Over the last several months, the Planning Commission has discussed the notion of
allowing the keeping of chickens and other small fowl in residential zoning districts.
This discussion was initiated at the direction of the City Council in response to an
administrative code enforcement action.
ANALYSIS
Existing Regulation. Currently, chickens and other farm animals are only allowed in
Agricultural Districts of the City as a permitted use and in the R -C District as a
conditional use. The limitation on keeping farm animals generally is directly related to
compatibility issues for noise, odor, insects, and rodents and typically the size of farm
animals and the structures required to house them.
Administrative Permit. The Planning Commission directed that chickens and other
small fowl should be allowed in residential districts upon approval of a special Fowl
Keeping Permit to be issued by the City's Zoning Administrator. The permit process
ensures that if the keeping of chickens and other small fowl is to be allowed, it will occur
in a manner addressing potential compatibility or public health safety issues. The
Planning Commission is recommending a nominal fee of $50.00 for the permit, which
will run without expiration with the current property owner/applicant.
Density Allowed. The number of chickens allowed per resident should be regulated
based on an animal unit per acre basis, similar to how farm animals are regulated for
rural farm and non-farm properties. A chicken has a defined animal unit value of 0.01.
Within the Agricultural Districts, a property owner is allowed to have up to 50 chickens
per one acre of land. We recommend a ratio of 0.1 animal units per acre for the
allowance of chickens in residential districts, equivalent to 10 chickens per acre. For
example, if a resident has a 12,000 square foot lot they would be allowed to keep 2
chickens on their property upon approval of a Fowl Keeping Permit.
Accessory Building. The Planning Commission concluded that either an attached or
detached an accessory building would be adequate for the housing the chickens or
small fowl. The size of the accessory building will be subject to the accessory building
standards for each zoning district. The only additional condition on the accessory
building intended for keeping the chickens or small fowl will be that the structure be
located within a rear yard and that the side yard setbacks applicable to the structure be
at least double those required of the principal building.
Other Communities. The Planning Commission requested and received information
regarding the keeping of chickens within surrounding communities and also the Cities of
Minneapolis and St. Paul. This information was used as a reference in developing
potential language for an amendment to the Otsego Zoning Ordinance to allow keeping
of chickens and other small fowl.
Draft amendment. A ordinance amending the Zoning Ordinance to allow the
keeping of chickens based on the discussions of the Planning Commission, input
from interested residents and recommendations by City staff has been prepared
for consideration. The amendment is attached as Exhibit A to this
memorandum. A public hearing has been scheduled for 5 December 2005 to
consider the proposed Zoning Ordinance amendment.
CONCLUSION
Uses and activities to be allowed within the various zoning districts of the City is
ultimately a policy issue to be decided by the City Council with the recommendation of
the Planning Commission. The Planning Commission has been generally favorable to
the concept of allowing the keeping of chickens and other small fowl within residential
areas of the City throughout these discussions. We believe that the proposed Zoning
Ordinance amendment that has been drafted as a result of the Planning Commission's
study of this issue adequately addresses the potential compatibility and public health
safety issues related to the keeping of such animals. We recommend approval of the
proposed Zoning Ordinance amendment in the form attached hereto.
C. Mike Robertson Judy Hudson
Andy MacArthur Timothy and Peggy Boyle
2
ORDINANCE NO.:
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO
WHICH ALLOWS FOR THE KEEPING OF CHICKENS, PHEASANTS, DOVES, PIGEONS
AND SIMILAR SMALL FOWL IN RESIDENTIAL DISTRICTS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 20-26-4.G (FARM ANIMALS) of the Otsego Zoning Ordinance
is hereby amended to read as follows:
G. The keeping and maintaining of chickens, pheasants, doves, pigeons
and similar small fowl shall be allowed in all residential districts by
issuance of a fowl keeping license, subject to compliance with the
following standards:
1. The number of fowl allowed per property shall be equivalent to
0.1 animal units per acre.
2. The keeping of roosters, male peacocks and water fowl shall
be prohibited.
3. The fowl must be housed within an enclosed accessory
building and fenced outdoor yard that conforms to the
accessory building provisions applicable to the district in which
they are kept.
4. The accessory building containing the fowl must be within a
rear yard and shall be subject to the required setbacks for
principal buildings within the respective zoning district with the
additional stipulation that the side yard setbacks must be
double those required for principal buildings.
5. The keeping and care of such fowl is provided as regulated by
the City Code.
6. The owner/keeper of the fowl shall control the animal manure and
dispose of it properly.
7. If eggs are harvested, they shall not be offered for sale from the
premises.
8. The fowl keeping license shall apply only to the named applicant,
shall not run with the land, and may not be transferred. It shall
automatically terminate upon the vacation of the property by the
applicant.
9. The fee for the fowl keeping license shall be as set forth by
Section 2-4-1.H of the City Code.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
PASSED by the Otsego City Council this 12TH day of December, 2005.
CITY OF OTSEGO
BY:
Larry Fournier, Mayor
ATTEST:
Judy Hudson, Zoning Administrator/City Clerk
ITEM 3-3
NORTHWEST ASSOCIATED CONSULTANTS, INC.
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
MEMORANDUM
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 17 November 2005
RE: Otsego — Subdivision Ordinance; Park and Trail Dedication
NAC FILE: 176.08
BACKGROUND
The City Council has directed City staff to annually review the cash fee in lieu of land
for park and trail dedication required by Section 21-7-18.1 of the Subdivision Ordinance.
The purpose of this review is to ensure and demonstrate that there is a nexus between
the cash fee in lieu of land accepted by the City for park and trail acquisition and
development purposes is reprehensive of the costs incurred by the City in relation to
new development.
ANALYSIS
Current Fee. The City's current park and trail fee in lieu of land for residential
development was adopted on 13 December 2004 and is $2,932 per dwelling unit. The
fee is based on the following cumulative factors stated on a per residential unit basis:
Land acquisition: $1,600.00
Neighborhood park development: $ 579.00
Community center development: 753.00
TOTAL $2,932.00
For 2005, park and trail dedication fees in lieu of land for commercial and industrial
subdivisions were established at $7,000.00 and $3,500.00 per gross acre respectively,
based on 2003 land values.
Land Cost. No change in residential land values of approximately $60,000 per gross
acre (cited originally in our office's 29 January 2004 memorandum) has been observed
by City Staff during 2004. We do not recommend a change in the land value
component of the residential cash fee in lieu of land on this basis.
Commercial and industrial land values along the TH 101 corridor have increased greatly
over the last few years. These increases are reflective of continued residential growth
within the City, increases in commuter traffic through the City and MNDoT's plans to
upgrade TH 101 to a four lane freeway in 2006 to 2007. The current cash fee in lieu of
land for commercial and industrial is reflective of land values equal to $70,000 an acre
for commercial property and $35,000 an acre for industrial property. Recent
commercial land sales and appraisals being done as part of the TH 101 project suggest
minimum commercial property values of approximately $350,000 per acre for
commercial land and approximately $100,000 per acre for industrial land.
Based on this information, the City could justify an increase in the commercial and
industrial cash fee in lieu of land for park and trail dedication. However, we believe that
such an increase would be counter productive to the City's long-term economic
development goals. Furthermore, we suggest that the City again consider elimination of
the cash fee in lieu of land requirement entirely for commercial and industrial properties
to promote those same economic development goals.
Construction Cost. The Engineering News -Record establishes a construction cost
index that can be applied to project estimates over time to account for changes in labor
and materials costs. Based on the year end construction cost index for 2004 and the
construction cost index for 2005, an inflation adjustment of 4.3 percent must be made.
the cost per dwelling unit per square mile for development of a neighborhood park has
increased by $25.00 to $604.00 (+$25.00).
Community Center. Research was also done in the 2003 analysis regarding the cost
for construction of a community center similar to that built by Monticello, Maple Grove,
Becker and Elk River. The assumed cost of a similar facility for Otsego was
$14,800,000 based on that data. Under park and trail dedication requirements, the City
has included that portion of the cost for a community center to be borne by new
residents moving into the community. The 2000 Census identifies Otsego as having
2,062 households. The 2004 Comprehensive Plan projects the City to have a
household count of 21,471 by 2040 based on a growth rate of 400 to 600 new
households per year.
The initial community center portion of the park dedication cash fee in lieu of land was
therefore set in 2003 at $690.00 reflecting the anticipated cost of a community center
and 2040 household estimate. The construction cost index must also be applied to the
estimated cost of constructing a future community center to account for inflation. The
2005 fee was set at $753.00. Again using ENR CCI index, the cost per household for
construction of a future community center should be increased by $32.00 to $785.00.
Trails. The current park and trail dedication cash fee in lieu of land does not account
for the construction costs for trails identified by the Future Parks and Trails Plan. Land
for these trails is either acquired as part of the City's ability to require land dedication for
off-street trails or as part of the right-of-way adjacent to streets. The City's practice has
2
been to provide developers park dedication credits for the cost of trail construction that
they complete as part of their projects. The City also funds construction of trails
completed as part of public project using park dedication funds. To this end, it is
appropriate to consider adding an additional cost factor to the park dedication cash fee
in lieu of land.
The Future Parks and Trails Plan map included in the 2004 Comprehensive Plan
identifies17.5 miles or 92,645 linear feet of future trails yet to be constructed. The City
Engineer currently uses a cost estimate of $10.00 a linear foot for the construction of
trails as part of street projects. Costs for stand alone trail construction projects have
been as much as $20.00 a linear foot. To determine a cost factor for future trail
construction the following equation is used:
92,645ft. x $15/ft. / 21,471 households = $65 / dwelling unit
CONCLUSION
Our office recommends that the park and trail cash fee in lieu of land for residential
subdivisions paid on a per dwelling unit basis as set forth by Section 21-7-18.1 of the
Subdivision Ordinance be increased 4.2 percent as shown below. This number is less
than the 4.3 percent increase in construction costs as no change in land acquisition
costs is been anticipated. The increase would be just less than two percent but for the
additional cost factor added for future trail construction.
Land acquisition: $1,600.00
Neighborhood park development: $ 604.00
Community center development: $ 785.00
Future trails construction: $ 65.00
TOTAL $3,054.00
Although an increase would be justified based on increasing land values, no change is
recommended to the cash fee in lieu of land required of commercial and industrial
subdivisions. We would also again encourage the Planning Commission and City
Council to consider the effect of these fees to the realization of the City's economic
development goals.
C. Mike Robertson
Judy Hudson
Andy MacArthur
Ron Wagner
ORDINANCE NO.: 2005 -
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF
OTSEGO TO PROVIDE FOR A CHANGE IN PARK DEDICATION FEES IN LIEU OF
LAND FOR RESIDENTIAL SUBDIVISIONS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 21-7-18.1 of the Otsego Subdivision Ordinance is hereby
amended to read as follows:
1. Residential Development: $',3.054.00 per dwelling unit.
Section 2. This Ordinance shall become effective 1 January 2006 upon its
passage and publication according to law.
PASSED by the Otsego City Council this 12th day of December, 2005.
CITY OF OTSEGO
BY:
Larry Fournier, Mayor
ATTEST:
Judy Hudson, Zoning Administrator/City Clerk
ITEM 3.4
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Meniorial H ighvvay, Suite 202, Golden Valley, MH 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners vnacplanning.con,
IJiIALY, to] :7_\kif Bill LY,
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 30 November 2005
RE: Otsego — Sign Ordinance Revision
FILE- 176.08 — 05.09
BACKGROUND
On Sunday, September 25, 2005 there was an article posted in the Star Tribune which
discussed lawsuits currently occurring between a lawyer by the name of E. Adam Webb
and the City of Hopkins and the City of Eden Prairie regarding their sign ordinances.
According the article, Mr. Webb applies for sign permits at various cities to erect huge
billboard signs that are most often electronic with rotating messages and when his
application is rejected by the city, he takes them to court claiming the cities' sign
ordinances are unconstitutional on the basis of free speech.
Based on the Hopkins and Eden Prairie cases, City staff recommended that the City
Council establish a temporary moratorium on the placement of signs within the City.
The intent of the moratorium is to allow City staff the opportunity to review the existing
Sign Ordinance regulations and make recommendations as to amendments that will
minimize the City's potential exposure to legal challenges such as was brought forth
against Hopkins and Eden Prairie. On 10 October 2005, the City Council adopted a
temporary moratorium on the placement of signs which is set to expire on 10 January
2006.
Following adoption of the temporary moratorium our office and the City Attorney
collaborated on a review of the City's existing sign regulations, the effects of the
Hopkins and Eden Prairie law suits and drafting of necessary revisions to the Zoning
Ordinance. These findings and recommendations are outlined herein.
Exhibits:
A. Existing Sign Ordinance
B. Draft Sign Ordinance Amendment
ANALYSIS
Legal challenge. The basis of the legal challenges to sign regulations in the Cities of
Hopkins and Eden Prairie was that the ordinances restricted free speech by regulating
the content of signs within the City. Although the initial sign permit applications were
denied and that gave the plaintiff standing were for billboards not allowed by the
respective sign ordinances, the basis of the lawsuits were other provisions dealing with
the content of signs. The decision of the District Court was that the definition of various
sign regulations based on the content of the sign violated the First Amendment of the
Constitution guaranteeing free speech. Because so much of the sign ordinances was
based on these defined types of signs, the District Court ruled the entire ordinance
unconstitutional. As a result of these rulings, the plaintiff gained the rights to construct
billboards that would have otherwise been prohibited.
Allowed regulations. In order to avoid conflict with First Amendment free speech
issues, sign ordinances must only regulate signs on the basis of district, location, area,
height, lighting and construction. Sign ordinances should minimize use of defined types
of signs to avoid distinguishing one sign from another based on content.
From a zoning perspective, this approach presents a challenge as sign ordinances have
evolved to include allowances or exceptions that would generally be appropriate based
on the intended purpose of the sign. The intended purpose of a sign, however,
ultimately relates to its content creating the potential legal issue. Examples of such
signs as currently allowed by the Otsego Sign Ordinance include real estate and/or
subdivision development signs, directional signs, temporary signs identifying public or
quasi public events. It was the allowance of the real estate and subdivision
development signs that were specifically challenged in the Hopkins case.
Proposed regulations. Based on the fundamental requirement of content neutral
regulations and the specific issues presented by the Hopkins and Eden Prairie law suits,
our office and the City Attorney drafted a comprehensive revision of the Otsego Sign
Ordinance, which is included within the Zoning Ordinance as Section 37. A summary of
these changes is as follows:
■ The purpose section of the Sign Ordinance has been expended to include
statements of findings, purpose and effects for the sign regulations adopted as part
of the Zoning Ordinance to emphasize it is not the City's intent to regulate content,
but address legitimate land use and public safety issues related to the placement of
signs within the City.
2
■ A substitution clause has been added as Section 20-37-2 stating that the content of
any sign may be substituted for any other content without restriction. This provision
is specifically intended to non-commercial content on any type of sign as a means of
allowing for free speech.
■ The general provisions outlined in Section 20-37-3 have been revised to eliminate
the allowances of temporary banner signs as this provision is more appropriately
addressed elsewhere in the Ordinance. This section has also been re -ordered to
move more significant regulations such as placement of signs within a right-of-way
or setback requirements higher in order.
The regulations for signs permitted without issuance of a sign permit in Section 20-
37-4.A has undergone the most significant change. Specific provisions related to
informational signs, temporary signs for public or quasi -public events, integral signs,
real estate signs, residential name and address signs, farm identification signs,
historical signs, crop demonstration signs, holiday signs, garage sale signs and
construction signs have all been eliminated. Instead, the proposed sign ordinance
allows for two signs not to exceed 16 square feet are allowed for each lot. The
various types of specific signs previously allowed by the sign ordinance must either
conform with the two sign limit or be allowed separately in the respective zoning
district in which the property is located. The regulations allowing placement of public
signs (e.g., traffic control signs) or window signs are unchanged. Campaign signs
are allowed generally in the same manner, but the provision has been simplified to
be a basic reference of State statues.
■ As with the permitted sign section, Section 20-37-4.13 dealing with prohibited signs
has been revised to eliminate specific references to advertising, expired business
signs. Allowance of motion signs has been revised similar to that of campaign sings
to be a basic reference of State statues.
Provisions allowing for temporary signs have been moved to be only within the
district section of the sign ordinances. Temporary signs are allowed in all zoning
districts for up to 21 days per calendar year. The area of the temporary signs is
allowed to be up to 32 square feet and the sign may be eight feet tall if freestanding.
Use of portable freestanding temporary signs is not allowed by the provision
establish in Section 20-37-3.B.6.
Within the agricultural districts, there is an allowance for one sign with an area of 64
square feet and height not to exceed 16 feet is allowed as a substitute for the
existing provisions specific to farm identification signs or the signs identifying the
limited business uses allowed within these districts. The height and area limitations
for this sign exceed that currently allowed for farm identification signs, but are the
same as allowed for the limited business uses.
The same sign provision as provided for in the agriculture zoning districts is also
allowed in the residential zoning districts as an opportunity for project development
signs typically placed on a temporary basis for new subdivisions during construction
or signs with non-commercial speech for developed lots. The only change is that
within residential districts, the height of the sign is limited to eight feet.
The allowances for business identification signs within business and industrial
districts have not changed except to eliminate references to various types of signs.
Real estate signs, construction signs or development signs would have to be
provided for by the temporary sign allowances or the general provision allowing two
16 square foot signs per property. This change is more restrictive than currently
exists, but is necessary due to the limitations caused by not referencing the intended
purpose of the sign.
Provisions related to multiple principal buildings or multiple tenant building have
been moved from the special use section of the sign ordinance to the business and
industrial district section of the sign ordinance where they are most applicable. The
effect of the regulations has not been altered, but the language has been simplified.
Please note that specific allowance for each tenant of a multiple occupancy building
is allowed a temporary sign under these regulations.
Regulations for signs within institutional zoning districts has been separated from the
regulations for business and industrial districts as currently structured due to the size
of the City logo on the west water tower. The area of each logo is approximately
1,200 square feet, which exceeds the size of even the largest billboard. To address
this situation, there is no limit on the size of a wall sign within the INS District and no
overall limit on the combined area of wall and free standing signs. Free standing
signs may be 100 square feet in area and 20 feet in height as currently allowed.
Subdivision area identification signs have been moved to special uses in Section 20-
37-5.A rather than repeat the regulations in each district section. The height and
area allowances for the area identification signs for each respective zoning district
are consistent with the current regulations.
■ The sections of the Sign Ordinance addressing permits, inspections, removal and
non -conforming signs have not been altered.
With these changes, City staff believes that signs will continue to be appropriately
regulated from a land use and public safety perspective, while minimizing the City's
exposure to any potential legal challenges on the basis of First Amendment speech to
the extent possible.
4
CONCLUSION
City staff recommends adoption of the proposed Sign Ordinance amendment in the
form attached hereto. If additional discussion or changes are contemplated, we
recommend moving forward with the language presented herein with the intent of lifting
the temporary moratorium as soon as possible to reduce any inconvenience to property
owners or businesses. Subsequent amendments to the newly revised Sign Ordinance
can then be processed to address any outstanding issues.
C. Mike Robertson
Judy Hudson
Andy MacArthur
5
SECTION 37
SIGN REGULATIONS
Section
20-37-1:
Purpose
20-37-2:
General Provisions
20-37-3:
Exempt and Prohibited Signs
20-37-4:
Non -Conforming Signs
20-37-5:
General District Regulations
20-37-6:
Special Use Regulations
20-37-7:
Inspection and Removal
20-37-8:
Permits and Variances
20-37-1: PURPOSE: The purpose of this Section is to achieve the following objectives:
A. To establish standards which permit reasonable and equitable opportunity for
business identification.
B. To preserve and promote civic beauty and prohibit signs which would detract
from this objective because of size, shape, height, location, condition, cluttering
or illumination.
C. To insure that signs do not create safety hazards.
D. To preserve and protect property values.
20-37-2: GENERAL PROVISIONS:
A. 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.
B. 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.
C. No signs, other than those of governmental jurisdictions, shall be permitted within
public right-of-way or road easements.
D. 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.
37-1
41 E. No sign or sign structure, unless otherwise regulation by this Section, shall be
closer to any lot line than ten (10) feet. On corner lots, no sign shall be located
within the visibility triangle required by Section 20-16-8 of this Chapter. No sign
shall be placed within any drainage or utility easement.
F. The installation of electrical signs shall be subject to the State's Electrical Code.
Electrical service to such sign shall be underground.
G. Illuminated signs 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.
H. The use of banners, pennants, and similar devices shall require a permit to be
issued by the Zoning Administrator. The permit shall be valid for no more than
ten (10) consecutive days. No more than three (3) licenses per property shall be
granted during any twelve (12) month period. A multiple occupancy building or
buildings on the same parcel of land shall be considered one property.
Landscaping which accompanies signage, such as area identification signs, must
be approved by the Zoning Administrator with regards to installation, design and
maintenance.
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.
20-37-3: EXEMPT AND PROHIBITED SIGNS:
A. Exempt Signs. The following signs are allowed without a permit:
1. Public Signs. Signs of non-commercial nature and in the public interest,
erected by, or on the order of, a public officer in the performance of his or
her 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.
37-2
2. Informational Signs. Informational signs not exceeding four (4) square
feet.
46 3. Temporary Signs. Temporary signs announcing any public, charitable,
educational or religious event or function shall be allowed, provided that:
a. The sign area may not exceed thirty-two (32) square feet.
b. The sign may be illuminated, but flashing signs or electronic
changing messages are prohibited.
C. A temporary sign may be displayed for a period not more than
twenty-one (21) days prior t the event and shall be removed within
three (3) days after the event. Not more than one (1) sign shall be
displayed per property at any one time.
d. The applicant for the administrative permit shall provide an escrow
in an amount determined by the Zoning Administrator to ensure
compliance with the provisions of this section.
e. The Zoning Administrative may order the immediate removal of any
special message sign that is not maintained in accordance with the
provisions of this section.
4. Integral Signs. Names of buildings, dates of erection, monumental
citations, commemorative tablets and the like when carved into stone,
concrete or similar material or made of bronze, aluminum or other
permanent type construction and made an integral part of the structure.
5. Real Estate Signs. Temporary real estate signs not exceeding eight (8)
square feet in area in residential zoning districts, and sixteen (16) square
feet in agricultural, business and industrial districts, may be located on the
subject property and limited to one (1) such sign for each property
frontage. Two (2) signs shall be permitted in situations where the lot
frontage exceeds five hundred (500) feet in length. These signs shall
have a maximum height of six (6) feet. Signs shall be removed within
seven (7) days of the sale. Temporary real estate directional signs not
exceeding three (3) square feet in area and four (4) in number showing a
directional arrow and placed back of the property line shall be permitted
on approach routes to an open house. The maximum height of such signs
shall not exceed three (3) feet. These directional signs shall be erected
and removed on the same day as the open house.
10 6. Campaign Signs.
a. State General Election Years: In a state general election year, the
size and duration of campaign sign display shall comply with the
provisions of Minnesota Statute 211.13.045, as amended. These
37-3
signs shall be confined within private property and shall not be less
than fifteen (15) feet from the nearest edge of the pavement and
one hundred (100) feet from the nearest curb intersection of any
street or road.
b. Other Election Years: In years when no state general election is to
take place, signs announcing candidates seeking public political
office and other data pertinent thereto shall be permitted up to a
total area of nine (9) square feet for each premise in a residential
zone and thirty-two (32) square feet in an agricultural, commercial
or industrial zone. These signs shall be confined within private
property and shall not be less than fifteen (15) feet from the nearest
edge of the pavement and one hundred (100) feet from the nearest
curb intersection of any street or road. These signs may be
displayed sixty (60) days prior and seven (7) days after the election
for which intended. In cases where a final election follows within
seventy-five (75) days of a primary election, those candidates who
won in the primary election may continue to display their signs
during the interim period and up to seven (7) days after the final
election.
7. Single Family Residential Name and Street Address Signs. Two single
family residential name/address signs not exceeding two (2) square feet
each in area shall be permitted per single family dwelling. Such signs
shall be allowed on mailboxes, but shall otherwise be setback at least six
(6) feet from the nearest property line and a maximum height of six (6) feet
when ground mounted.
8. Farm Identification Signs. One (1) sign identifying the farm name and/or
the type of farming activities practices upon the subject property. Such
sign shall not exceed thirty-two (32) square feet in area and shall be solely
for the purpose of displaying the name and/or type of farming activity on
the property. No advertising is allowed. These signs when ground
mounted shall have a maximum height of six (6) feet.
9. Historical Signs. One (1) sign commemorating original family farmsteads
or other places of local, state or national historical significance shall be
permitted on the subject property and shall not exceed eight (8) square
feet.
10. Crop Demonstration Signs. Signs identifying agricultural products utilized
upon the subject property not exceeding four (4) square feet in size.
11. Holiday Signs. Signs or displays which contain or depict a message
pertaining to a religious, national, state or local holiday and no other
matter, and which are displayed for a period not to exceed sixty (60) days
in any calendar year. Such signs may be illuminated but may not be
flashing.
37-4
12. Rummage (Garage) Sale Signs. Rummage sale signs shall not be posted
more than one (1) day prior to the date(s) of sale and shall be removed
within one (1) day after the end of the sale and the total of all such signs
shall not exceed sixteen (16) square feet. Rummage sale signs shall not
be located in any public rights-of-way. The City Building Official, Zoning
Administrator or other designated City staff shall have the right to remove
and destroy signs not conforming to this provision and assess costs
related to such enforcement against the property owner conducting the
sale.
13. Window Signs. Where allowed, window signs shall not exceed twenty-five
(25) percent of the total area of the window in which they are displayed.
14 14. Construction Signs. A non -illuminated construction sign confined to the
site of the construction, alteration or repair. Such sign must be removed
within two (2) years of the date of issuance of the first building permit on
the site or when the particular project is completed, whichever first occurs.
One sign shall be permitted for each street the project abuts. No sign may
exceed thirty-two (32) square feet in area and six (6) feet in height, except
signs abutting principal arterial streets which may not exceed sixty-four
(64) square feet in area and fifteen (15) feet in height.
B. Prohibited Signs. The following signs are prohibited:
Advertising Signs. Signs used to advertise products, goods or services
not exclusively related to the premise on which the sign is located are
prohibited with the following exceptions:
a. Signs advertising non-profit organizations are permitted subject to
the restrictions imposed within the zoning district in which the sign
is located.
b. Directional Signs. As authorized by Section 20-37-5.B.4 of this
Section.
2. Billboards.
3. Motion Signs and Flashing Signs. Except time and temperature signs
depicting a constant message as contrasted to a moving message.
4. 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.
5. Projecting Signs.
6. Roof Signs.
37-5
7. Expired Business Signs. Those signs which advertise an activity,
business, product or service no longer produced or conducted on the
premises upon which the sign is located shall be removed immediately
upon termination of use. Where the owner or lessor of the premises is
seeking a new tenant, such signs may remain in place for not more than
thirty (30) days from the date of vacancy.
8. Advertising or Business Signs. Such signs on or attached to equipment
such as semi -truck trailers where signing is a principal use of the
equipment on either a temporary or permanent basis.
20-37-4: NON -CONFORMING SIGNS:
A. General Provisions Governing Non -Conforming Signs.
1. Any legal non -conforming on -premise sign lawfully existing upon the
effective date of this Chapter may be continued at the size and in the
manner existing upon such date.
2. 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.
e. Replaced. (Applies to structure only and not message.)
3. Non -Conforming Sign 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, however, 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.
37-6
B. Non -Conforming Uses. When the principal use of land is legally non -conforming
under the Zoning Ordinance of the City of Otsego, all existing or proposed signs
in conjunction with that land, unless otherwise provided by this Chapter or the
City Code, shall be considered conforming if they are in compliance with the sign
provisions for the most restrictive zoning district in which the principal use is
allowed.
20-37-5
2
48
K
M
C?
GENERAL DISTRICT REGULATIONS:
Agricultural Zoning Districts and all special zoning districts except Institutional
and PUD, as defined by Section 50 of this Chapter.
1. Permitted Signs. All signs, as outlined in Section 20-37-3.A of this
Chapter.
2. Home Extended Business Signs. No more than one sign may be
displayed per property. The sign may not exceed two (2) square feet in
area nor a height of five (5) feet above the street grade. Such a sign shall
not be illuminated and may be displayed only upon the property licensed
for the home extended business. Lettering upon the sign shall be limited
to the name and/or function of the home extended business.
3. Signs identifying wholesale nurseries, commercial riding stables,
commercial animal kennels or veterinary clinics consistent with the
following provisions:
a. One (1) sign shall be allowed with an area not to exceed sixty-four
(64) square feet.
b. Freestanding signs shall be limited to a maximum height of eight (8)
feet.
C. The sign shall identify only the name and/or type of use and any
advertising display on the sign shall be prohibited.
d. The sign may be illuminated provided that glare from fixtures shall
be oriented so as not to cast glare towards the public right-of-way
or adjacent properties.
4. No other signs shall be permitted in these districts unless deemed
essential by a governmental agency.
Residential Zoning Districts as defined by Section 50 of this Chapter.
1. All signs permitted in the Agricultural Zoning Districts.
37-7
2. Residential Area Identification Sign. Two (2) signs for each entrance to an
identifiable area or subdivision from major collector or arterial streets and
consistent with the following provisions:
a. Each sign area, including the sign structure, shall not exceed thirty-
two (32) square feet with a maximum height of eight (8) feet for
freestanding signs.
b. Signs shall be located on outlots of sufficient size and area to
accommodate said structure. A homeowners or neighborhood
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.
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 shall specify the designated use of the outlot, its
ownership and the respective responsibilities regarding the outlot.
d. Signs shall be located no less than five (5) feet from a property line.
e. Lighting of signs shall be permitted, provided that glare or light from
such lighting does not illuminate any adjacent properties, buildings,
structures, or public rights-of-way. The electric costs and
maintenance of such lighting shall be the responsibility of the
homeowners or neighborhood association or other legal entity of
the area identified by the sign(s) and said responsibility shall be
clearly defined in the applicable legal contract.
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.
The design and construction of residential 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. Residential area identification
signs are to be aesthetically pleasing when designed and
37-8
constructed. The sign shall be compatible with nearby or potential
homes and other 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.
h. 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.
14/41 3. Real Estate Development Project Signs. Signs involving temporary
identification of a new subdivision or development located upon the project
site.
a. Each subdivision or development shall be allowed the following
temporary signs by administrative permit:
(1) One (1) sign located on the project site not to exceed sixty-
four (64) square feet in surface area and a maximum height
of fifteen (15) feet, except signs abutting principal arterial
streets which may not exceed one hundred (100) square feet
in surface area and fifteen (15) feet in height.
(2) One (1) sign located off -premises for directional purposes
may be allowed for each arterial street approach to the
property which may not exceed sixty-four (64) square feet
and a maximum height of 15 feet. Not more than one (1)
directional sign may be erected on a single parcel.
b. The permit shall be renewable annually and conditioned upon
documentation allowing such sign or structure by the property
owner upon which it is to be located, and a vacancy rate of the
subdivision greater than ten (10) percent.
C. A security as determined by the Zoning Administrator shall be
provided to ensure compliance with this Section and removal of the
sign at such time as the number of vacant lots within the
subdivision is less than ten (10) percent of the total number of lots.
d. Signs shall be setback not less than twenty (20) feet from any
property line.
37-9
e. Signs may be illuminated provided that the light source is downcast
and shielded to prevent glare onto adjacent properties or the public
right-of-way.
4. Directional Signs. Off-site directional signs for institutions, or subdivisions
may be allowed one (1) double sided sign per major arterial street
approach to the property with an area not exceeding sixteen (16) square
feet on each side of the sign and shall have a maximum height of six (6)
feet, subject to the approval of a conditional use permit as regulated by
Section 4 of this Chapter.
5. Construction Sign. One (1) temporary, unilluminated sign identifying an
engineer, architect, contractor, or product engaged in or used in the
construction of a building, provided such sign shall not exceed sixteen (16)
square feet in surface area and shall have a maximum height of six (6)
feet.
6. Identification Sign. One (1) double sided identification sign shall be
allowed for conditional uses unless otherwise restricted. Such signs shall
not exceed thirty-two (32) square feet in area, and such signs shall be
solely for the purpose of displaying the name of the use and its activities
and services. It may be illuminated, but not flashing. These signs shall
have a maximum height of six (6) feet.
z 7. Home Occupations. No more than one sign may be displayed per
property. The sign may not exceed two (2) square feet in area nor a
height of five (5) feet above the street grade. Such a sign shall not be
illuminated and may be displayed only upon the property licensed for the
home occupation. Lettering upon the signs hall be limited to the name
and/or function of the home occupation.
C. Commercial/Business and Industrial Zoning Districts as defined by Section 50 of
this Chapter.
Signs as permitted in Agricultural Zoning Districts.
2. Real Estate Signs. Temporary signs pertaining to the lease or sale of a
property or building with the following restrictions:
a. No more than one (1) double sided sign allowed per lot or per
building for sale.
b. The sign area shall not exceed thirty-two (32) square feet of space
on each side.
C. The sign shall not be illuminated.
14 d. The sign shall not exceed fifteen (15) feet in height.
37-10
14 3. Real Estate Development Project Signs. Signs involving temporary
identification of a new subdivision of development located upon the project
site.
a. Each subdivision or development shall be allowed the following
signs by permit:
(1) One (1) sign not to exceed sixty-four (64) square feet in
surface area and a maximum height of fifteen (15) feet,
except signs abutting principal arterial streets which may not
exceed one hundred (100) square feet in surface area and
twenty (20) feet in height.
(2) Directional signs as authorized by Section 20-37-5.B.4.
b. The permit shall be renewable annually and conditioned upon
documentation allowing such sign or structure by the property
owner upon which it is to be located, and a vacancy rate of the
subdivision greater than ten (10) percent.
4. Business Identification Signs. Total sign area shall not exceed fifteen (15)
percent of the total front building facade except that both front and side
facades shall be counted on a corner lot. Signs chosen to comprise the
total gross sign area shall be consistent with the following provisions:
19/39/51 a. 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.
40/51 b. 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 corner 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.
C. Advertising messages shall not comprise more than twenty-five
(25) percent of any freestanding or wall sign.
5. Business Area Identification Signs. One (1) sign for each primary
entrance to the qualifying area from major collector or arterial streets and
consistent with the following provisions:
37-11
a. Total sign area, including the sign structure, shall not exceed two
hundred (200) square feet with a maximum height of twelve (12)
feet for freestanding signs.
b. Each property owner and/or tenant of the area identified shall be
permitted space upon the identification sign for the name of the
business only.
C. Signs shall be located on outlots of sufficient size and area to
accommodate them. A landowners or tenants association or other
legal mechanism binding the properties or businesses involved
shall own and be responsible for the upkeep, perpetual
maintenance, taxes, insurance, utilities, and other costs associated
with the sign(s) and the outlot property. The association rules or
by-laws or other legally recorded 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.
d. 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 shall specify the designated use of the outlot, its
ownership and the respective land owners association
responsibilities regarding the outlot.
e. Signs shall be located not less than five (5) feet from a property
line.
f. Lighting of signs shall be permitted, provided that glare or light from
such lighting does not illuminate any adjacent properties, buildings,
structures or public rights-of-way. The electric costs and
maintenance of such lighting shall be the responsibility of the land
owners or tenants association of the area identified by the sign(s)
and shall be clearly noted in the association by-laws or rules or
other such legal document.
g. 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 be
subject to City Council review and approval.
h. The design and construction of business 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. Business area identification
37-12
signs are to be aesthetically pleasing when designed and
constructed. The sign shall be compatible with nearby or potential
homes and other 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.
The City reserves the right to require the removal, at the owner's
expense, 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.
46 6. Special Message Signs. Special message signs may be allowed on a
temporary basis by an administrative permit subject to the following
provisions:
a. Freestanding or freestanding portable signs are prohibited. Only
wall mounted signs or banners shall be allowed as special
message signs.
b. The sign area may not exceed thirty-two (32) square feet.
C. The signs may be illuminated, but flashing signs or electronic
changing messages are prohibited.
d. An individual special message sign may be displayed for a period
not to exceed twenty-one (21) days and not more than one (1) sign
may be displayed per property at any one time.
e. Administrative permits:
(1) One (1) sign permit per property or one (1) sign permit per
tenant with an exclusive exterior entrance within a multiple
occupancy building shall be allowed per calendar year.
(2) In addition to the sign permit allowed by Section 20-37-
5.C.6.e of this Section, one (1) additional sign permit may be
issued within ninety (90) days of issuance of a certificate of
occupancy or other documentation satisfactory to the Zoning
Administrator of new occupancy of a property, building or
tenant space.
(3) The owner of the property on which the sign is to be located,
or their designated responsible agent, shall endorse in
writing all applications for a special message sign and shall
37-13
be responsible for the proper location, maintenance and
removal of the sign.
(4) The applicant for the administrative permit shall provide an
escrow in an amount determined by the Zoning
Administrator to ensure compliance with the provisions of
this Section.
(5) The Zoning Administrator may order the immediate removal
of any special message sign that is not maintained in
accordance with the provisions of this Section at the
administrative permit holders' expense.
D. In a Planned Unit Development District, signing restrictions shall be based upon
the individual uses and structures contained in the complex. Signs shall be in
compliance with the restrictions applied in the most restrictive zoning district in
which the use is allowed.
20-37-6: SPECIAL USE REGULATIONS:
A. 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. In addition, motor
fuel stations may also display signs which identify current fuel prices and car
wash facilities. No more than two (2) such signs shall be allowed and said signs
shall be limited to a total maximum gross area of thirty-two (32) square feet and
shall be limited to a maximum height of fifteen (15) feet.
B. Multiple Occupancy Business and Industrial Buildings: When a single principal
building is devoted to four (4) or more businesses, or industrial uses, a
comprehensive sign plan for the entire structure shall be submitted and shall be
of sufficient scope and detail to permit a determination as to whether or not the
plan is consistent with the following regulations. The plan shall be subject to the
approval of the City Council. No permit shall be issued for an individual use
except upon a determination that it is consistent with the approved
comprehensive sign plan.
1. The maximum individual sign sizes for multiple occupancy structures and
individual uses which may display signs shall not exceed the maximum
provisions for single occupancy structures in the same zoning district.
2. Multiple occupancy structures may display an area identification sign
consistent with the applicable district provisions in Section 20-37-5.0 of
this Chapter. Individual freestanding signs identifying the tenants'
business shall not be displayed.
3. Except as provided in sub -section 20-37-6.B.4 below, individual tenants of
multiple occupancy structures shall not display separate wall signs unless
the tenants' business has an exclusive exterior entrance. The number of
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C
51
signs shall be limited to one (1) per entrance, and each sign shall be
limited to the maximum wall size sign permitted in the district, the total of
which shall not exceed the square footage allowed. The signs shall be
located only on exterior walls which are directly related to the use being
identified.
4. In any multiple occupancy structure qualifying as a mall type shopping
center, directory signs shall be permitted for each common public
entrance. Each directory sign area shall not exceed a total of fifty (50)
square feet and shall be located within fifty (50) feet of the common public
entrance being served. The size of individual business identification
signing within the directory shall be established during the site plan review
process. Attention shall be given to the possible number of tenant or
occupant bays which may be served by the common public entrance for
which the directory sign is intended.
Institutional, Non -Commercial Public and Semi -Public Uses:
1. The maximum signing allowed for such uses shall be determined on the
basis of the following criteria (whichever provision allows for the largest
amount of signing shall be the provision which applies):
a
Based upon site area:
Up to 5 acres
5.1 acres to 10 acres
10.1 acres to 15 acres
15.1 acres to 25 acres
25.1 acres and above
32 square feet
64 square feet
96 square feet
128 square feet
160 square feet
The maximum size of signing allowed per single use in the
respective zoning district in which the site is located.
2. For sites not exceeding twenty-five (25) acres, one (1) sign shall be
permitted for each principal use. The total signing not to exceed the
maximum allowed per site.
3. For sites of greater than twenty-five (25) acres containing one or more
principal uses, two (2) signs not exceeding the maximum amount of
signing allowed per site shall be permitted.
4. Non -electronic reader (message) board space shall not exceed a total of
twenty (20) square feet of the signing permitted or constructed.
5. Project Development Signs. A sign involving temporary identification of a
new subdivision or development located upon a property where the sign is
located shall be allowed by administrative permit provided that:
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a. One (1) sign not exceeding sixty-four (64) square feet in surface
area and a maximum height of fifteen (15) feet shall be allowed.
b. The sign shall be setback not less than twenty (20) feet from any
property line.
C. The sign may not be illuminated.
d. Where the sign is placed on property in advance of applications
required by this Chapter, the sign shall clearly identify that the
project is a "potential" use of the property or similar words to that
effect as approved by the Zoning Administrator.
e. The property owner shall be responsible for an application to renew
the administrative permit annually and conditioned upon
documentation that the project remains a potential use of the
property.
A security as determined by the Zoning Administrator shall be
provided to ensure compliance with this Section and removal of the
sign.
20-37-7: INSPECTION AND REMOVAL:
A. Inspection. All signs shall be subject to inspection by the Zoning Administrator
and/or Building Official.
B. Removal of Signs.
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.
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b. Temporary signs that have exceeded the time limits allowed in this
Ordinance.
C. The condition of the sign is such as to present an immediate threat
to the safety of the public.
20-37-8: PERMITS AND VARIANCES:
A. Except as provided in Section 20-37-3.A, no sign or structure shall be erected,
constructed, altered, rebuilt or relocated until a permit has first been issued by
the City Building Official.
B. Sign Application. The following information for a sign permit shall be supplied by
an applicant upon submission of a sign permit application:
1. Name, address and telephone number of person making application
2. Name, address and telephone number of person owning sign.
3. The name, address and telephone number of the person owning the
property upon which the sign is to be located.
4. A site plan to scale showing the location of lot lines, building structures,
parking areas, existing and proposed signs and any other physical
features.
5. Plans, location and specifications and method of construction and
attachment to the buildings or placement method in the ground.
6. Landscape plans for area around signs.
7. Written consent of the owner or lessee of any site on which the sign is to
be erected.
8. Any electrical permit required and issued for the sign.
9. Future maintenance plans.
10. Sign value.
11. Such other information as the City Building Official or Zoning Administrator
shall require to show full compliance with this Chapter and all other
applicable provisions of the City Code.
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C. Application Processing and Action.
Within five (5) working days of receiving an application for a sign permit,
the City Building Official shall review it for completeness. If the application
is complete, it shall then be processed. If the City Building Official finds
that it is incomplete, the City Building Official shall, within such five (5)
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.
2. Upon receipt of a complete application, the Building Official shall review
and comment upon application and shall either:
a. 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.
b. 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.
3. 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.
4. 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.
D. Variances and Appeals. Variances and appeals involving sign issues shall be
subject to the provisions of Sections 5 and 6 of this Chapter.
E. Fees. Fees for the review and processing of sign permit applications and
variance requests shall be imposed in accordance with the fee schedule
established by City Council resolution.
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ORDINANCE NO.: 2005 -
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 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:
1. 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 regulation by this Section, shall be
closer to any lot line than ten (10) feet. On corner 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 a 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.
37-4
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 20-374A 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:
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 a calendar year, except by interim use permit.
C. Business and Industrial 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. 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
corner 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. When property is developed with two (2) or
more principal buildings on one property, 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.
(2) Elevations to scale of buildings included within the
comprehensive sign plan including the location of existing or
proposed wall, canopy or marquee signs.
37-6
(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.
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.
37-7
E. 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.
20-37-5: 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
37-8
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.
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.
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.
37-9
2
d. A site plan to scale showing the location of lot lines, building
structures, parking areas, existing and proposed signs and any
other physical features.
e. Plans, location and specifications and method of construction and
attachment to the buildings or placement method in the ground.
f. Landscape plans for area around signs.
g. Written consent of the owner or lessee of any site on which the sign
is to be erected.
h. 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:
1. 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.
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.
37-10
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:
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:
1. 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
37-11
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.
PASSED by the Otsego City Council this 12th day of December, 2005.
1, *1&G1 ii 3*CTG7
BY:
Larry Fournier, Mayor
ATTEST:
Judy Hudson, City Clerk/Zoning Administrator
37-12