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05-767��•spe,y.s�cn• �(�� �05 Council File # � Green Sheet # ��- RESOLUTION F SAINT PAUL, MINNESOTA Presented by RESOLUTION TO INITIATE ZONING STUDY FOR PROPOSED AMENDMENTS TO CHAPTER 64 AND CIIAPTER 33 OF THE LEGISLATIVE CODE WIIEREAS, the City Council took testimony on Wednesday, August 3, 2005, pertaining to amendments proposed by the Plauuiug Commission to Chapters 64 and 33 of the Legislative Code, and 3 WHEREAS, public testimony generated several additional proposals to amend the zoning code which the City 4 Council wishes to consider, and WHEREAS, the Office of the City Attorney recommends that the proposed amendments be studies by the Planning Commission before further action is taken by the City Council; therefore be it 7 RESOLVED, that the City Council requests that the Planning Commission study the following proposed 8 amendments to Chapters 64 and 33 to the Legislative Code, as well as a policy for external skyway banners and 9 banners attached to utility posts or other city owned property, and make its recommendation back to the City 10 Council by Nov. 2, 2005. 11 12 Sec. 64.201. Duties of zoning administrator. Section 1 13 (e) The zoning administrator shall not grant any variances with respect to this chapter in canying out his 14 duties as zonin administrator. Variances ma be anted b'��'��`�� �'`''� � g Y gr } � �s�ua�»���z,�°the planning 15 commission. The zoning adminisirator shall grant a permit upon a finding of compliance with the 16 conditions imposed by this chapter. 17 18 19 20 21 22 23 24 25 26 27 28 . : .:.. : .- : . . :. - :� : �. . ...: : ;: . . : . : . : . . .:: . - . . . . . . .� :. . . .:.�. . - : : - . : : .� : : : . :. . : . � :.. : � : . :� - . ..: . . . : � : . . . . : . - ., - . :.-:. �.._ . .. - : . .� • . : .,, : . � . . ..: : .: :.. . . .. .� .- :. : ... . � :: . .. .� � :. . :. :.: . . . : : : : . -. . ..: . . . . •. . . . ... . . . . . . . ' x�:�...,.����.• : Section 2 2 Sec. 64.202. Licensing. 3 (a) 10 (b) 11 12 13 14 15 (c) 16 17 18 b`J "1(c1 General. No person engaging in or seeking to engage in the business of erecting or installing, repairing, maintaining or constructing any sign or sign structure. or offerin�for rent any sim, within the lunits of the city shall so operate without a sien contractor/o ep rator license issued in accordance with the provisions of this section. If signs are offered for rent. the license application shall include the total number of sien(sl offered for rent in the ciry and, if anv are attached to a starionarv structure or object. a detailed list must be nrovided includin¢ the location, size. descri�rion and number of sim(s at each location. Procedure. The zoning administrator, upon a finding that the information on the application indicates that the applicant meets the minimum requirements of applicable laws, and attests to a general knowledge of the city's sign regulations, shall issue a license to the applicant. An applicant who believes he or she is wrongfully denied a license by the zoning administrator may appeal to the city council for a further determination of whether a license should be issued. Place of business. No license shall be granted under the terms of this section to any person unless that person shall have and maintain a bona fide business address. The license certificate shall be kept at this address at all times, and the zoning administrator shall be notified of any change of business location to another address. 19 (d) Bond requirements. 20 (1) No license issued under the terms of this section shall become effective until the licensee shall 21 have filed with the zoning administrator a surety bond in the sum of eight thousand dollars 22 ($8,000.00) in favor of the city and conditioned that the city will be saved harmless from any 23 loss, damage, costs or lawsuits by reason of impropex or inadequate work pexformed by the 24 holder of said license under the provisions of this chapter. Such bond shall be subject to approval 25 as to form, execution and surety. Approved bonds shall remain in force for a period of time 26 equivalent to the period of the license. 27 (2) In lieu of the bond required in (1) above, the licensee may post a compliance bond with the state 28 department of commerce, as set forth in Minn. Statutes 325E.58. 29 (e) Fees. Any person fulfilling all qualifications and regulations stated herein and upon payment of a fee of 30 one hundred fifty ($150.00) . shall be issued a license under the provisions of 31 this section. 32 33 Sec. 64.204. Egemptions. Section 3 34 The following signs shall not require a permit. These exemptions sha11 not be conshued as relieving the owner 35 of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this 36 chapter or any other law or ordinance regulating the same. 37 (a) The changing of the messa�e on the display surface of siQns that are desi�ned to have chaneeable conv. 38 39 - 40 (b) Signs six (6) square feet or less in size. 41 (c) Lettering on motor vehicles when not utilized as a parked or stationary outdoor display sign. 42 (d) Political signs. 43 � •� ���*��� � --_ ea = :i�r-�-�-a� Section 4 2 Sec. 64.205. Abandoned signs. � �(�1 3 Any business sign which advertises, identifies or pertains to an activity no longer in existence shall be 4 removed by the owner of the property within thirty (30) days from the time the activity ceases existence � 5 removin¢ the s�u face, paintin¢ the sign face a neutral color or installine blank sian face panels. This provision 6 does not apply to seasonal activities during the regular periods in which they aze closed. If the sign face is not 7 re-used within 9d days, the remaining s� structure must be removed unless the zoning administrator grants an 8 extension subject to the owner submittin¢ a statement of intent and a reasonable time line for re-use of the si�n 9 structure. 10 11 Secfion 5 Sec. 64.301. Nonconforming signs. 12 (a) No sign shall be enlarged or altered in a way which increases its 13 . � 14 � 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ° 88 OJ / B B 8 i 0 Section 6 Sec. 64.401. All signs. 29 (j) For parking lot areas, one identification sign not to exceed a total of fifteen (15) squaze feet in area is 30 permitted per parking lot entrance. An identification sign up to twenty-five (25) square feet in area, 31 however, may be permitted if such sign incorporates the following uniform parking symboL fifty (50) 32 percent of the total sign area of the parking identification sign must bear thereon a blue rectangle with a 33 white letter "P" in Gothic type face with the letter "P" being not less than fifiy (50) percent of the area of 34 the blue rectangle. The remaining portion of the sign incorporating such a parking symbol may be used 35 far other pertinent information. In addition to the one (1) identification sign per parking lot entrance, 36 however, one (1) directional sign not to exceed a total of four (4) square feet is permitted per entrance or 37 exit. Such directional signs may be up to ten (10) square feet in area if they also incorporate the above- prescribed pazking symbol. These parking identification and directional signs are in addition to otFi�r' signs permitted in each zoning district. No sign shall project higher than fifteen (I S) feet above grade. � 9 (k) Illuminated signs aze pernutted, except that flashing signs aze prohibited. IlZumination is permitted 10 onlv when a business is open. In the case of billboards, illumination is permitted on[v between 7:00 a.m. and 11 I0:00 p.m. • 12 Section 7 13 Sec. 64.414. Roof signs :�ao�-srgn�i'=.are rz�e'o'�'�Er�iiiff�i7 aXZ��e=ic n'vn��nfa�3ttrngttse =�iz; fl�e;ca"se oj' 14 e��gszg'te�` . 15 16 Sec. 64.419. Temporary signs. Section 8 17 (a) Dimensions: No temporary sign shall exceed a total of one hundred (100) feet in area or six (6) feet in 18 height except as otherwise provided herein. 19 (b) Clearance: Temporary signs, other than cloth, eight (8) feet or more above the ground, may project not 20 more than six (6) inches over public property. 21 � A si�permit shall be reguired far all temporary and portable si ns. 22 23 {ej � Cloth sions and banners: 24 Ll) It is unlawful for any person, firm or corporation to suspend or project any cloth or banner sign of 25 � twe whatever over a street, a11ey or other public pronerty for the purpose of business advertisement. 26 (21 Temporar�permission shall be allowed for a cloth or banner sign three (31 27 nonconsecutive times per calendar year for a period of not more than ninetv (901 days per 28 time. 29 (3) No cloth or banner sign shall exceed a total of one hundred twentv (1201 squaze feet in 30 area, and there sha11 be no more than one such sien far an t� wenty_(201 feet of frontaee of 31 any buildine frontin� on �ublic ro�_ pertv. 32 ��pport. Tem cloth and banner signs shall be supported anctpattached with wire rope or 33 equivalent with a minimum diameter of three-eiehths (3/81 inch. No strines, fiber ropes or wood slats 34 sha11 be permitted for su�ort or anchorage putposes. Cloth si ng s and panels shall be perforated over at 35 least te�101 percent of the area to reduce wind resistance. 4 � ��� 2 permission to attach a banner to a building must be obtained from the buildine owner. The city forester 3 must approve a banner before it mav be attached to anv tree on up blic property. Exception: Tem�orary 4 signs over private propertv not exceedin sixt��601 square feet shall be supported and attached with 5 wire ro�e and shall meet the requirements of �aragraph (2) throueh (4) and (61 of tlus section. 6 (51 Proiecrion. Cloth siens and banners may extend over public propert�and sha11 maintain a m;nimum 7 cleazance of twentv (2Ql feet, provided permision has been �ranted b�the zonine administrator. : . :. ��� : .- ��� �:� :.� : : -� -:.. =��: .:, .. -- � --.� .� . - : :� .:- -�:� . �� . . :• : - .� :: :.. :• : - - 1 :- :: -:- - �� :.�: :�_��� :�.- :- :..�� : : � : :... = :������ : : ': :. - : .:-:. :. . .. : : .�� :. . �� : . : - � ' i -- " - ' ��" "' i • : - i �'wri �i' ii - r.i - ' ' - " ii_ " -�• " __"�_ __ _ __ _ _"" ___ i� •' • 14 15 Sec. 64.420. Advertising signs. Section 10 16 (a) Advertising signs prohibited. No advertising signs aze permitted in any zoning district in the city. The 17 purposes of this prohibition are to enhance views of the natural and built environments of the city, to improve 18 aesthetically the fusion of residential and commercial azeas, to promote community pride on the part of property 19 owners, to encourage beautification and investment in the city, to protect property values, and to reduce 20 cluttered and chaotic signage, which draws attention away from the identification signs of businesses and 21 institutions located in the city. 22 23 24 25 26 27 28 29 30 31 (b) Professional sports facility. At a professional sports facility with permanent seating for more than ten 32 thousand (10,000) spectators and located in a B4-BS Business or IR-I2 Industrial zone, one (1) or two (2) 33 advertising signs are permitted as an accessory use subject to the following standards: 34 (1) Advertising signs shall face and be designed to be read by traffic on arterial streets as designated in the 35 comprehensive plan. A facility fronting on one (1) arterial street is permitted to have one (1) advertising sign; a 36 facility fronting on two (2) or more arterial streets is permitted to have two (2) advertising signs. �(2) No advertising sign shall be located within three hundred (300) feet of a residential zoning district, ���, house of worship, or school offering general education courses at the elementary, junior high or high school level. 5 (4) Advertising signs shall be attached to exterior walls of the sports facility structure and shall not project 6 above the wall. 7 (5) If the zoning administrator deternunes that the sign lighting affects neighboring properties, advertising 8 signs shall not be ilhuninated overnight, either from midnight or from one (1) hour after the end of any 9 professional sports game, whichever is later until 6:00 a.m. 10 (6) For electronic message boazds, the modes of display of inessages shall conform to the requirements of 11 section 64.504 (a)(5)(c). Flashing modes are not permitted. 12 (ek�t��i�rc��g�, c�"' °ais���=���t�iaeTi;���z��� °�1��a��3c����„L� �T� �� 13 14 Sec. 33.04(G) Other permit fees: Permit fees for other than general construction shall be as follows: 15 (1) Wrecking of buildings or structures. $4.00 per 1,000 cubic feet or fraction thereof, minimum 16 $58.00. with the exce�tion of signs as snecified in para*raph (101 below. (3) No advertising sign shall exceed seven hundred (700) square feet in size. Section 11 17 .... 18 19 20 21 22 23 24 25 26 27 28 29 (10) Signs, billboards, marquees and awnings: (a) ro� (c) (d) � � � Wall si ns� roa� and projecting �� signs: $z-�6 2.60 for each square foot with a minimum fee of $5$-:@@ 70.00. Marquees over public property: $138.00 for each installation. eansl�tretiarrees Revair Permit: 25% of the fee far a new si�n with a minimum fee of $70.00. Awnings projecting over public property: $2.10 per lineal foot, minimum $58.00 for each installation. A separate sign permit is required for awnings with signage. Roof and freestandine siens: $2.70 for each sc�uaze foot with a minimum fee of $75. Demolition pernut: $70.00. Temporarv and nortable siens: $52 ' i � Billboazd extension permits: $48 �—,(Q� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 � Additional fees: 1. Additional fee for business siens located in a special sign district when there aze additional regulations that must be reviewed: $25.00. 2. $.50 Minnesota State Surchazge required for all si¢ns attached to a buildina for pemut fees up to and includine $1.000.00. For permit fees over $1,000.00 the rate is .0005 per uernut fee dollaz. � �f'�7 � A sepazate electrical pernut is required for all electrical work done on si¢ns that are lit. whether internal or external. If building modifications are necessarv to accommodate a sign installation, an additional buildin�permit shall be re uired. Abandoned si�n monitorin¢ fee: $148.00 ep T Slen• Yeas Na s Absent Benanav ✓ Bostrom � Harris ✓ Helgen ✓ Lantry � Montgomery Thune j� Z 22 Adopted by Council: Date �i�/y�� l, ,�lX�-� 23 Adoption Certified by Council Secretary 24 By_ GG/./1�t�i �!! :.lsa>r/ 25 Approved by May"or: Date ►" e 7 Requested by Department of: By: Form Approved by City Attorney By: Approved by Mayor for Submission to Council � ��� � ��� Visit our website af www.rhinococtaqua.com tl �� Green Sheet Green Sheet Green Sheet Green SheeYGreen Sheet Green,Sheet � co -��� CoMad Person & Phone: Jay Benanav Must Be on Contrad 7ype: RE-F2ESOlU710N Date InHiated: ,o-auc�os �i Pssign by(Datej: Number For � Roufing � Order Green Sheet NO: 3027690 0 oascSl � 1 omc�7 D oar[menf D'uecE r I 2 �C mcil 3 r er ToWI # of Signature Pages _{Glip M Locations for Signature) ♦au�en rtequescea: The Ciry Councii requests that ifie Plauuing Commission study the following proposed amendments to Chapters 64 and 33 to the Legislafive Code, as weli as a po(icy for external skyway banners and banners attached to uriliry pos[s oi other city owned properry, and make ifs [ecommendation back to the City Council by November 2, 2005. • i Recommendatlons: Appmee (A) or F I Planning Commission ^ 1 CIB Committee � � CiuilSenrice Commission 1. Has this persoNfirtn eier wnrked u�er a corrtrect tor th�s departme�t? Yes No 2. Has this persoNfirtri eeer been a city employee? Yes No 3. Does this persoNfirtn p�sess a skill nof normally passessed by any cutteM city employee? Yes Na Ezplain all yes answers on separaYe sheet and attach to green sheet Initiating Probiem, issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvarttages If Approved; Disadvantages If NotApproved: Transaetion: Funding Source: Financial Infolmation: (Explainy CosURevenue6utlgeted: Activiry Number. A August 18, 2005 4:11 AM Page 1