HomeMy WebLinkAbout1162 Ord (City Code Chapter 31-101, regarding Zoning Definitions, amending Chapter 31-509, regarding Sign Regulations, and enacting Chapter 31-505, subd. 3, regarding Garage Sale Signage)City of Stillwater
Washington County, Minnesota
ORDINANCE NO. 1162
AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31-101 REGARDING
ZONING DEFINITIONS, AMENDING CHAPTER 31-509 REGARDING SIGN REGULATIONS,
AND ENACTING CHAPTER 31-505, SUBD. 3 REGARDING GARAGE SALE SIGNAGE
The City Council of Stillwater does ordain:
SECTION 1 AMENDMENT. Stillwater City Code Chapter 31-101, relating to the
Zoning Definitions is hereby amended by adding the following definitions, which shall be
incorporated alphabetically, and the entire section renumbered accordingly:
Sec. 31-101. - Definitions.
Abandoned sign means any sign and/or its supporting sign structure and appurtenances
which remains without a message or whose display surface remains blank for a period of
one (1) year or more, or any sign which pertains to a time, event or purpose which no
longer applies, shall be deemed to have been abandoned. Sign applicable to a business
temporarily suspended because of a change in ownership or management of such
business shall not be deemed abandoned unless the property remains vacant for a period
of one (1) year or more. If an abandoned sign remains in good condition and without
holes or other evidence of disrepair or damage, the sign shall not be considered
abandoned for a period of up to one (1) year, after which time, it must be removed.
Awning means a roof -like cover, often of fabric, plastic, metal or glass designed and
intended for protection from the weather or as a decorative embellishment, and which
projects from a wall or roof of a structure primarily over a window, walk, or the like. Any
part of an awning which also projects over a door shall be considered an awning.
Building sign means any sign attached or supported by any structure used or intended
for supporting or sheltering any use or occupancy.
Commercial speech means any speech promoting a business, profession, commodity,
service, or entertainment.
Commercial sign means any sign that promotes or identifies a product, business, service,
entertainment, or any other matter of a commercial nature.
Directory sign means a sign used to guide pedestrians, but not vehicles, to individual
businesses within a multitenant commercial area that is placed on the site of the
development and may be erected only in internal pedestrian access areas.
Footcandle means a measure of illumination on a surface that is one foot from a uniform
source of light of one candle and equal to one lumen per square foot.
Garage sale sign means a temporary sign promoting a garage or rummage sale.
Institutional Sign means a sign identifying a church, school, hospital, government or
similar type institution.
Marquee means any permanent roof -like structure projecting beyond a building or
extending along and projecting beyond the wall of that building, generally designed and
constructed to provide protection from the weather.
Monument sign means a sign not supported by exposed posts or poles which is
architecturally designed and located directly at grade with a base at least as wide as the
sign.
Multitenant master sign means an on -premise sign identifying multiple tenants in a single
building.
Non-commercial sign means a sign for a non-commercial expression not related to the
promotion of any product or service or the identification of any business.
Non-commercial speech means the dissemination of messages not classified as
commercial speech that include, but are not limited to, messages concerning political,
religious, social, ideological, public service and informational topics.
Non -Electronic Message Center means a sign or portion thereof that has a readerboard for
the display of text information in which each alphanumeric character, graphic or symbol
is defined by objects, not consisting of an illumination device, that may be changed or re-
arranged manually or mechanically with characters, letters or illustrations that can be
changed or rearranged without altering the face or the surface of the sign.
Off -Premises sign means a sign normally used for promoting an interest other than that
of a business, individual, products, or services available on the premises where the sign
is located.
SECTION 2 AMENDMENT. Stillwater City Code Chapter 31-101, relating to the
Zoning Definitions is hereby amended by revising the following definitions to read as:
Billboard means a non -accessory sign erected for the purpose of promoting a product,
event, person or subject not usually related to the premises on which the sign is located.
Building sign plan means an illustration that shows size, location, materials and lighting
for all signs on a building or group of related buildings.
Construction sign means a temporary sign at a construction site identifying the project.
Freestanding sign means any sign which has supporting framework that is placed on or
anchored in the ground and which is independent from any building or other structure.
Historic sign means a sign that is of historical significance or that is an historic resource
within the meaning of Minn. Stat. Ch. 116B.
Illuminated sign means any sign that contains an element designed to emanate artificial
light internally or externally.
Marquee sign means any building sign painted, mounted, constructed or attached in any
manner, on a marquee.
Portable sign means a sign which is manifestly designed to be transported, including by
trailer or on its own wheels, even though the wheels of such sign may be removed, and
the remaining chassis or support is converted to another sign or attached temporarily or
permanently to the ground since this characteristic is based on the design of such a sign.
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Projecting sign means a sign which is affixed to a building or wall in such a manner that
its leading edge extends more than one (1) foot beyond the surface of such building or
wall face.
Public sign means a sign usually erected and maintained by a public agency that provides
the public with information and in no way relates to a commercial activity. Examples of
public signs include, but are not limited to, speed limit signs, stop signs, city limit signs,
street name signs, directional signs, and historic points of interest.
Real estate development sign means a sign intended to sell or promote a development
project.
Real estate sign means a sign placed upon a property to promote that property for sale,
rent or lease.
Roof sign means a sign erected and constructed wholly or in part on or above the parapet
or eave line of a building.
Sign means a letter, work or symbol, poster, picture, statuary, reading matter or
representation in the nature of advertisement, promotion, announcement, message or
visual communication, whether painted, posted, printed, affixed or constructed,
including all associated brackets, braces, supports, wires and structures, which is
displayed for information or communicative purposes.
Sign structure means the structure including the supports, uprights, bracing and
framework which supports or is capable of supporting any sign.
Wall sign means a building sign attached parallel to, but within one (1) foot of a wall,
painted on the wall surface of, or erected and confined within the limits of an outside wall
of any building or structure, which is supported by such wall or building, and which
displays only one (1) sign surface.
Window sign means a building sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity, event, sale, or
service, that is placed inside a window or upon the window panes of glass and is visible
from the exterior of the window.
SECTION 3 REPEAL AND REPLACE. Stillwater City Code Chapter 31-509, relating
to the Sign Regulations is hereby repealed and replaced as follows:
Sec. 31-509. - Sign regulations.
Subd. 1. Findings. As a historic community, this city is unique. The proper
control of signs is of particular importance because of this historical quality and
uniqueness. The city's zoning regulations have 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 upon the aesthetics of the community and threaten the health, safety and
welfare of the community. The regulation of the physical characteristics of signs
within the city has had a positive impact on traffic safety and the appearance of the
community. Further, the city finds:
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(a) Exterior signs have a substantial impact on the character and quality of
the environment.
(b) Signs provide an important medium through which individuals may
convey a variety of messages.
(c) Signs can create traffic hazards, aesthetic concerns and detriments to
property values, thereby threatening the public health, safety and
welfare.
Subd. 2. Purpose. 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
section 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
section is to:
(a) Regulate the number, location, size, type, illumination and other
physical characteristics of signs within the city in order to promote the
public health, safety, and welfare.
(b) Maintain, enhance and improve the aesthetic environment of the city
by preventing visual clutter that is harmful to the appearance of the
community.
(c) Improve the visual appearance of the city while providing for effective
means of communication, consistent with constitutional guarantees
and the city's goals of public safety and aesthetics.
(d) Provide for fair and consistent enforcement of the sign regulations set
forth herein under the zoning authority of the city.
Subd. 3. Severability. If any section, subsection, sentence, clause, or phrase of
this sign ordinance is for any reason held to be invalid, such decision shall not affect
the validity of the remaining portions of this sign ordinance. The City Council hereby
declares that it would have adopted the sign ordinance in each section, subsection,
sentence, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentence, clauses, or phrases be declared invalid.
Subd. 4. Substitution Clause. Signs containing non-commercial speech are
permitted anywhere that signs containing commercial speech are permitted, subject
to the same regulations applicable to such signs. Any sign containing commercial
speech may substitute non-commercial speech; any sign containing non-commercial
speech may substitute commercial speech or other non-commercial speech; any sign
containing commercial speech may substitute other commercial speech. This
substitution of speech 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.
Subd. 5. Permit Required.
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(a) Unless exempted pursuant to Subdivision 7, no person shall erect, alter,
reconstruct, maintain or move a sign in the city without first obtaining
a permit from the city. The content of the sign shall not be reviewed or
considered in determining whether to approve or deny a sign permit.
An application for a permit may be obtained from the community
development director or designee. The application must be
accompanied by the required fee and must contain the following
information:
(1) Street address or location of the property on which the sign is to
be located along with the name and signature of the owner of
the building;
(2) Name, address and signature of the owner of the sign;
(3) Name, address and phone number of the sign installation
contractor;
(4) The type of sign as defined in this ordinance;
(5) A complete set of plans and scaled drawings showing the
materials, design, dimensions, structural supports, method of
attachment, internal and external lighting and electrical
components of the sign;
(6) A site plan showing the location of the proposed sign with
dimensions to all adjacent lot lines;
An approved building sign plan, if there is more than one
business or use in a building;
(8) Certification by applicant indicating the application complies
with all requirements of the sign code.
(b) The community development director or designee shall approve or
deny the sign permit within sixty (60) days following receipt of the
completed application, including applicable fee. A decision must be
made in writing and must be mailed or electronically delivered to the
applicant at the address or email address provided in the application.
If the permit is denied, the reason must be stated in writing and
describe the applicant's appeal rights under Section 31-217 and must
be sent by certified mail to the applicant.
(7)
Subd. 6. General Provisions.
(a) The following provisions apply to signs located in all zoning districts:
(1) All signs must comply with any applicable design guidelines and
neighborhood plans adopted by the City of Stillwater and must
meet all the size, location and height standards as required in
Section 31-509.
(2) Repairs. Any sign located in the city which may now be or
become out of order, rotten or unsafe, and every sign which
(5)
shall hereafter be erected, altered, resurfaced, reconstructed or
moved contrary to the provisions in this section, shall be
removed or otherwise properly secured in accordance with the
terms of this ordinance by the property owners, business
owners or by the owners of the grounds on which the sign
stands, upon receipt of proper notice to do so, given by the
community development director or designee. No rotten or
other unsafe sign shall be repaired or rebuilt except in
accordance with the provisions of this ordinance and upon a
permit issued by the community development director or
designee.
(3) Electrical Signs. Electrical signs must be installed in accordance
with the current state electrical code.
(4) Placement.
i. No sign or sign structure may be erected or maintained
if it prevents free ingress or egress from any door,
window or fire escape. No sign may be attached to a
standpipe or fire escape.
ii. A sign must not be erected, positioned, or maintained so
as to obstruct the architectural features of a building.
iii. All signs must be compatible with the building and
neighborhood where located, including any approved
building sign plan.
Temporary Signs. The use of banners, pennants and similar
devices for commercial, industrial and institutional uses shall be
subject to the following provisions:
i. Temporary signs shall require a permit that shall be
valid for no more than thirty (30) days.
ii. Not more than one (1) temporary sign shall be
displayed upon a property at any one time.
iii. Not more than three (3) temporary sign permits, or up
to three (3) temporary signs for a total of not more than
ninety (90) days, shall be issued during any calendar
year.
iv. The size of a temporary sign shall not exceed the
maximum size allowed for a similar type of permanent
sign allowed on the property.
v. Free-standing or movable temporary signs shall adhere
to any setbacks required for similar permanent signage
on the property.
vi. The temporary sign shall be in harmony, as determined
by the community development director or designee,
with the surrounding properties and the neighborhood
in which it will be displayed.
vii. Notwithstanding the foregoing, temporary signs that do
not conform to the requirements of this section may be
approved by the City Council as part of an event permit,
however, all temporary signs must be removed within
two (2) days after the event.
(6) Maintenance. All signs must be maintained in a safe, presentable
and good structural condition at all times, including the
replacement of defective parts, cleaning and other items
required for maintenance of the sign. Vegetation around, in
front of, behind, and underneath the base of ground signs for a
distance of ten (10) feet must be neatly trimmed and free of
weeds. Rubbish or debris under or near the sign must be
removed.
(7)
Signs on Public Property or Right -of -Way.
i. Except for public signs, signs approved by the City
Council pursuant to an event permit, and signs allowed
by encroachment agreement, no signs may be erected
or temporarily placed within any right-of-way, upon
public lands or easements without approval from the
community development director or designee.
ii. The city may at any time and without notice remove
signs which have been installed on public property or
within public right-of-way or easement without
approval. The sign owner may retrieve the signs: from a
designated impound area at the city within fifteen (15)
days from the date of removal. After fifteen (15) days,
the city will dispose of the sign. The city shall not be
liable for any damage to removed signs.
iii. The city may grant a permit to locate temporary signs
or decorations on, over or within the right-of-way.
(8) Flags. Non -Commercial flags may be displayed in accordance
with state and federal law. No more than three (3) non-
commercial flags may be displayed outside of a building.
(9) Historic sign. The requirements of size, location and height in
Section 31-509 may be waived by the City Council if the sign is
an historic resource or if the sign is a reproduction of an historic
sign.
(10) Graphic design signs. Graphic design signs require a conditional
use permit.
(11) Table 1 identifies where various types of signs are allowed and
whether the sign is required to have a permit:
Sign type
TABLE 1
Res.
Notes _ Districts
!Public sign See Sec 31-509, Subd 7(a)
!Integral sign $8e: Sec 31-509, Subd 7(a)
Political and related noncommercial signs $ limit: 6 sf, 4 ft tall; See Sec
31-509, Subd 7(b)(2)
Political and related noncommercial signs 35 sf size limit; See Sec 31-509,
Surd 7(b)(2)
Political sign
Ilofiday sign
Construction sign
Real estate sign
Nameplate sign: 1-5 Unit Bldg.
Nameplate sign: > 6 Unit Bldg -
Real estate development project sign
Window sign
'Garage sale sign
!Temporary real estate "open house' sign
Wall sign
Roof sign
Freestanding sign
Billboard
Awning or canopy sign
Projecting sign
-Three dimensional sign
Marquee sign
Multitenant master sign
Directory sign
lnslitutional sign
During exemption period; See Sec
31-509, Subd 7(b)(1)
Not exceeding 60 days A
See Sec 31-509, Subd 7(c) A
See Sec 31-509, Subd 7(d) A
2 sf, See Sec 31-509, Subd 7(e) A
6 sf; See Sec 31-509, Subd 7(e) A
See Sec 31-509, Subd 7(dX3) A
Sec Sec 31-509, Subd 7(f) A
See Sec 31-505, Subd 3 A
Sec Sec 31-509, Subd 7(d)(2) — 1 A
See Sec 31-509, Subd 9(aX2);
Subd 9(b)(2); Subd 9(c)(2); Subd N
9(cIX3); Subd 9(e)(2)
See Sec 31-509, Subd 8(h) _ N
A
A
A
A
See Sec 31-509, Subd 9(aX3);
Subd 9(b)(3); Subd 9(c)(3); Subd N
9(d)(4); Subd 9(e)(3)
See Sec 31-509, Subd 8{eJ N
See Sec 31-509, Subd 9(aX4);
Subd 9(b)(4); Subd 9(d)(5)
See Sec 31-509, Subd 9(aX6);
Subd 9(d)(7) -
See Sec 31-509, Subd 9(aX5)
(See Sec 31-509, Subd 9(b)(4);
Subd 9(d)(5)
See Sec 31-509, Subd. 9(b)(5);
Subd 9(dxb)
See Sec 31-509, Subd 10
See Sec 31-509, Subd 12
N
N
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A = Allowed without permit
1P = Permit required
N= Not allowed
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Subd. 7. Exemptions. The following signs shall not require
allowed in every zoning district. These exemptions, however, shall
as relieving the owner of the sign from the responsibility of its erec
and compliance with the other provisions of Section 31-509 or
ordinance regulating the same.
(a) Public signs and integral signs.
(b) Non -Commercial Signs.
(1) In any general election year, all non-commercial signs are
exempt from regulation and may be posted in any size or in any
number beginning 46 days before the state primary in a state
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.
N NNN
P PNN
N P PP
a permit and are
not be construed
tion, maintenance
any other law or
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(2) A non-commercial sign outside the exemption period outlined
in Subdivision 7(b)(1) of 31-509, is regulated as follows:
i. Residential and CA districts: the maximum sign size is
six (6) square feet in area with a maximum height of
four (4) feet.
ii. All other districts: the maximum size is thirty-five (35)
square feet in area.
(c) Construction signs. A construction sign must be confined to the
construction site and must be removed within two (2) years of the date
of issuance of the first building permit or upon completion of the
project, whichever occurs first. One construction sign is permitted for
each street the project abuts. No sign may exceed thirty-two (32)
square feet in multifamily residential, commercial and industrial
districts and twelve (12) square feet in single-family residential
districts.
(d) Real estate signs.
(1) A real estate sign is limited to up to six (6) square feet in
residential districts and up to thirty-two (32) square feet in
commercial districts. A real estate sign must be removed within
ten (10) days after sale or rental of property.
(2) Temporary real estate "open house" signs, provided that:
i. The sign is not placed in a manner that creates a
nuisance to adjacent owners, does not create a safety
hazard or block the view of entrances to streets or
intersections.
ii. The sign is placed one-half hour before the open house
and is removed each day immediately after the open
house closes.
iii. A maximum of four (4) signs in a residential zoning
district are allowed for each open house and are limited
to a four -block radius of the open house.
iv. The sign must not exceed six (6) square feet.
Real estate development project sign. For a development project
of up to 25 acres, one sign not to exceed one hundred (100)
square feet of sign surface may be erected on the project site.
For projects of 26-50 acres, one or two signs not to exceed two
hundred (200) aggregated square feet of sign surface may be
erected. For projects over fifty (50) acres, up to three signs not
to exceed three hundred (300) aggregate square feet of sign
surface may be erected. No dimension shall exceed twenty-five
(25) feet exclusive of supporting structures. The sign may not
remain after 95% of the project is developed. The sign must be
bordered with a decorative material compatible with the
surrounding area. If the signs are lit, they must be illuminated
(3)
only during those hours when business is in operation or when
the model homes or other development are open for conducting
business.
(e) Nameplate sign.
(1)
A nameplate sign must be placed on a wall of the structure not
exceeding two (2) square feet in area per structure. A nameplate
sign shall not be constructed as to have more than two (2)
surfaces.
(2) A single nameplate sign must be placed on a wall of the structure
for each dwelling group of six (6) or more units. The nameplate
sign may not exceed six (6) square feet in area per surface and
may not be constructed as to have more than two (2) surfaces.
(f) Window sign. A window sign, which cannot cover more than one-third
of the total area of the window in which the sign is displayed.
Garage and rummage sale signs, provided they comply with Section 31-
505, Subd. 3.
Subd. 8. Prohibited Signs. The following signs are prohibited in all zoning
(g)
districts:
(a) Abandoned signs.
(b) Any sign, signal, marking or device which purports to be or is an
imitation of or resembles any official traffic control device or railroad
sign or signal, or emergency vehicle signs, or which attempts to direct
movement of traffic or which hides from view or interferes with the
effectiveness of any official traffic control device or any railroad sign or
signal.
(c) Any sign that obstructs the vision of drivers or pedestrians or detracts
from the visibility of any official traffic control device.
(d) Off -premises commercial signs.
(e) Billboard signs.
(f) Any sign that moves or rotates, except barber poles.
(g) Signs that display any moving parts, are illuminated with any flashing
or intermittent lights or are animated. All displays must be shielded to
prevent any light from impairing the vision of any driver. No device
may be illuminated to obscure an official traffic sign or signal, including
indoor signs which are visible from public streets.
(h) Roof signs.
(i) Any sign with banners, pennants, ribbons, streamers, string or light
bulbs, spinners or similar devices, except where used for
noncommercial purposes or as part of an approved sign application.
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(j)
Portable signs including signs with wheels removed, attached
temporarily or permanently to the ground.
(k) Signs mounted on a vehicle for promotional purposes, parked and
visible from the public right-of-way, except signs identifying the related
business when the vehicle is being used on the normal day-to-day
operations of that business.
(1) Signs painted, attached or in any other manner affixed to trees, rocks,
or similar natural surfaces, directly on building walls, or attached to
public utility poles, telephone cables or wires, bridges, towers, or
similar public structures or the supports thereof.
(m) Illuminated signs or spotlights giving off an intermittent or rotating
beam.
Revolving beacons, beamed lights or similar devices.
Hot air, gas filled or inflated objects used for commercial speech.
Signs supported by guy wires.
Signs in a state of disrepair.
Subd. 9. Specific Regulations by Zoning District. In addition to the signs
allowed in Subdivision 7 of 31-509, the following signs shall be allowed within the
specific zoning districts:
(a) Central Business and General Commercial Districts. All signs in the
CBD-central business or CA -general commercial districts are subject to
the following requirements:
(1)
General regulations:
i. In addition to the signs allowed without a permit
pursuant to Subdivision 8 of 31-509, only one (1) wall,
monument, awning, canopy or three-dimensional sign is
allowed per business within the CA -general commercial
district. When a building or business abuts two or more
public streets and/or public alleys, one (1) sign is
allowed on each street building face.
ii. In addition to the signs allowed without a permit
pursuant to Subdivision 8 of 31-509, two (2) signs are
allowed per business within the CBD-central business
district. The two (2) allowed signs must be one (1) wall
sign and either a three-dimensional sign or a projecting
sign.
iii. All signs in the CBD-central business district must meet
the downtown design guidelines for signs.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The total building signage may have an aggregate area
not exceeding one (1) square foot for each foot of
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(3)
building face parallel or substantially parallel to a street
lot line.
ii. It must not project more than twelve (12) inches from
the wall to which the sign is affixed.
iii. It must not project higher than the parapet or eave line
of the wall to which the sign is affixed or fifteen (15)
feet as measured from the base of the building wall to
which the sign is affixed, whichever is less.
iv. Externally illuminated letters are allowed, but no
internally illuminated signs are allowed.
v. Where a principal building is devoted to two (2) or
more permitted uses, the operator of each use may
install a wall sign for its use consistent with a building
sign plan approved by the City. The total gross signage
for the entire building may not exceed one (1) square
foot for each foot of the building face parallel, or
substantially parallel, to a street lot line with a
maximum of twenty-five (25) square feet per business.
Freestanding signs. Freestanding signs shall meet the following
requirements:
i. The area of a monument or freestanding sign may not
exceed thirty (30) square feet.
ii. A monument or freestanding sign may be located in any
required yard but must have a setback of fifteen (15)
feet from any point of vehicular access, public roadway
and property line.
iii. A monument or freestanding sign may not project
higher than six (6) feet, as measured from the base of
the sign or grade of the nearest roadway, whichever
height is less.
iv. The area around a monument or freestanding sign must
be landscaped.
v. Externally illuminated letters are allowed, but no
internally illuminated signs are allowed.
vi. Pedestrian and vehicular sight lines must not be
blocked.
(4) Awning or canopy signs. Awning or canopy signs shall meet the
following requirements:
i. The gross surface area of an awning or canopy sign may
not exceed fifty (50) percent of the gross surface area of
the smallest face of the awning or canopy to which the
sign is affixed.
ii. An awning or canopy sign may not project higher than
the top of the awning or canopy or below the awning or
canopy.
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(5)
Three-dimensional signs. The total area of a three-dimensional
sign is determined by enclosing the largest cross section of the
sign in an easily recognized geometric shape and computing its
area, which may not exceed nine (9) square feet.
(6) Projecting sign. A projecting sign shall meet the following
requirements:
i. The total area of a projecting sign may not exceed six
(6) square feet.
ii. It must be easily visible from the sidewalk and not be a
hazard to pedestrians.
iii. If lighted, the sign must be externally illuminated.
iv. The bottom of the sign and bracket must be at least
eight (8) feet above sidewalk grade.
(b) Business Park and Highway Mixed Use Districts. All signs in the BP-0,
BP-C, BP -I, HMU and CMU districts are subject to the following
requirements:
(1) General regulations: In addition to the signs allowed without a
permit pursuant to Subdivision 8 of 31-509, a property may
have one (1) freestanding sign, one (1) wall sign per business,
and as many awning, canopy, marque, or multitenant master
signs as provided in subdivision 10(b)(5) of 31-509.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The gross surface area of a wall sign may not exceed
one (1) square foot for each foot of building, parallel or
substantially parallel to the front lot line.
ii. It must be located on the outermost wall of any
principal building but may not project more than twelve
(12) inches from the wall to which the sign is affixed.
iii. It must not project higher than the parapet line of the
wall to which the sign is affixed or twenty (20) feet as
measured from the base of the building wall to which
the sign is affixed, whichever height is less.
iv. Where a principal building is devoted to two (2) or
more uses, the operator of each use may install a wall
sign for its use consistent with a building sign plan
approved by the City. The total gross signage for the
entire building shall not exceed one (1) square foot for
each foot of building face parallel, or substantially
parallel, to a street lot line or a minimum of twenty-five
(25) square feet per business, whichever is more.
v. Only one (1) wall sign per building face is allowed.
Freestanding signs. Freestanding signs shall meet the following
requirements:
(3)
(5)
i. The gross surface area of a freestanding sign may not
exceed one hundred (100) square feet for each exposed
face nor exceed an aggregate gross surface area of two
hundred (200) square feet.
ii. A freestanding sign must be set back fifteen (15) feet
from the front or side property line.
iii. Along State Highway 36, freestanding signs may not
project higher than twenty-five (25) feet. Along County
Road 5 from Highway 36 to Croixwood Boulevard and
South Greely from Orleans to Highway 36 freestanding
signs may not project higher than twenty (20) feet. In all
other locations, a freestanding sign may not project
higher than six (6) feet. Signs shall be measured from
the base of the sign or grade of the nearest adjacent
roadway, whichever height is less.
iv. There may be one (1) freestanding sign per
development site.
(4) Awning, canopy or marquee signs. Awning, canopy or marquee
signs shall meet the following requirements:
i. The gross surface area of an awning, canopy or marquee
sign may not exceed fifty (50) percent of the gross
surface area of the awning, canopy or marquee to which
the sign is affixed.
ii. A sign may be affixed to or located upon any awning or
marquee.
iii. An awning, canopy or marquee sign may not project
higher than the top of the awning or marquee to which
the sign is affixed.
Multitenant master sign. Each multitenant or multi -use building
is permitted one (1) building master identification sign which
meets the following requirements:
i. If the multitenant commercial building has a floor area
of 40,000 square feet or less, the building may have a
freestanding sign with a maximum of one (1) square
foot for each five (5) feet of building frontage or forty
(40) square feet maximum with a maximum height of
eight (8) feet.
ii. If the multitenant commercial building has a floor area
greater than 40,000 square feet, but less than the
100,000 square feet, the entry may have a master
identification sign with a maximum of seventy-five (75)
square feet on each side and with a maximum height of
twenty (20) feet.
iii. If the multitenant commercial building has a floor area
greater than 100,000 square feet, the building may have
14
a master identification sign with a maximum of one
hundred and twenty (120) square feet on each side and
with a maximum height of twenty-five (25) feet.
(c) PA, PROS and PWFD Districts. All signs in the PA, PROS and PWFD
districts are subject to the following requirements:
(1) In addition to the signs allowed without a permit pursuant to
Subdivision 8 of 31-509, one (1) freestanding sign and one (1)
wall mounted sign are allowed for each facility.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The gross surface area of a wall sign may not exceed
one (1) square foot for each foot of building, parallel or
substantially parallel to the front lot line.
ii. It must not project higher than the parapet or eave line
of the wall to which the sign if affixed.
Freestanding signs. Freestanding signs shall meet the following
requirements:
i. The gross surface area of any side of a freestanding sign
must not exceed 120 square feet.
(3)
ii. It must be set back fifteen (15) feet from the front or
side property line.
iii. Along State Highway 36, freestanding signs must not
project higher than twenty-five (25) feet. In all other
locations, a freestanding sign must not project higher
than twenty (20) feet. Signs shall be measured from
base of the sign or grade of the nearest adjacent
roadway, whichever height is less.
(d) Village Commercial. All signs in the VC -Village Commercial district are
subject to the following requirements:
(1) In addition to the signs allowed without a permit pursuant to
Subdivision 8 of 31-509, one (1) other sign is allowed per
business. It may be a wall, monument, awning or canopy sign.
When a building or business abuts two (2) or more public
streets, one (1) sign is allowed on each street building face.
(2) All signs in the VC -Village Commercial district must meet the
approved Liberty Village design guidelines for signage.
Wall signs. Wall signs must meet the following requirements:
i. The gross surface area of a wall sign shall not exceed
one (1) square foot for each foot of building, parallel or
substantially parallel to the front lot line.
ii. It must be located on the outermost wall of any
principal building but may not project more than twelve
(3)
15
(5)
(12) inches from the wall to which the sign is affixed.
The location and arrangement of all wall signs is subject
to the review and approval of the community
development director or designee.
iii. It must not project higher than the parapet line of the
wall to which the sign is affixed or twenty (20) feet as
measured from the base of the building wall to which
the sign is affixed, whichever height is less.
iv. Where a principal building is devoted to two (2) or
more uses, the operator of each use may install a wall
sign upon each share of the building. The signs are
subject to the following restrictions:
a. All signs must be visually consistent in location,
design and scale.
b. The total gross signage for the entire building shall
not exceed one (1) square foot for each foot of
building face parallel, or substantially parallel, to a
street lot line or a minimum of twenty-five (25)
square feet per business, whichever is more.
(4) Freestanding signs. Freestanding signs shall meet the following
requirements:
i. The gross surface area of a freestanding sign may not
exceed one hundred (100) square feet for each exposed
face nor exceed an aggregate gross surface area of two
hundred (200) square feet.
ii. A freestanding sign must be set back fifteen (15) feet
from the front or side property line.
iii. It shall not be higher than twenty (20) feet measured
from the base of the sign or grade of the nearest
adjacent roadway, whichever height is less.
iv. There may be one (1) freestanding sign per
development site.
Awning or marquee signs. Awning or marquee signs shall meet
the following requirements:
i. The gross surface area of an awning or marquee sign
must not exceed fifty (50) percent of the gross surface
area of the awning, canopy or marquee to which the
sign is affixed.
ii. A sign may be affixed to or located upon any awning or
marquee.
iii. An awning or canopy sign may not project higher than
the top of the awning or marquee to which the sign is
affixed.
(6) Multitenant master sign. Each multitenant or multi -use building
is permitted one (1) building master identification sign which
meets the following requirements:
i. Building master identification signs must not contain
the names of any tenants or occupants of the center.
ii. The multitenant commercial building may have a
freestanding sign with a maximum of one (1) square
foot of sign for each five (5) feet of building frontage or
forty (40) square feet maximum with a maximum height
of eight (8) feet.
Projecting sign. A projecting sign shall meet the following
requirements:
i. The total area of a projecting sign must not exceed six
(6) square feet.
ii. It must be easily visible from the sidewalk and not be a
hazard to pedestrians.
iii. If lighted, projecting signs must be externally
illuminated.
(7)
(8) Total allowable sign area. The total aggregate sign area allowed
on a property for all signs permitted in subparts (d) through (g)
above shall be as follows:
i. A minimum of one hundred (100) square feet; and at a
rate of one (1) square foot of signage for each lineal foot
of the building wall facing a public street, up to a
maximum of three hundred (300) square feet.
ii. When a building faces two (2) or more public streets,
the building wall area shall be determined by adding the
wall area of each building wall that faces a public street
and dividing by the number of public streets the
building faces.
(e) CRD, Campus Research and Development Districts. All signs in the CRD,
Campus Research and Development districts are subject to the
following requirements:
(1) In addition to the signs allowed without a permit pursuant to
Subdivision 8 of 31-509, one (1) freestanding sign and one (1)
wall mounted sign are allowed for each facility. However, if the
facility is large or consists of several buildings, additional signs
may be allowed with a conditional use permit.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The gross surface area of a wall sign must not exceed
one (1) square foot for each foot of building, parallel or
substantially parallel to the front lot line.
(3)
ii. It must not project higher than the parapet or eave line
of the wall to which the sign if affixed.
Freestanding signs. Freestanding signs shall meet the following
requirements:
i. The gross surface area of any side of a freestanding sign
must not exceed 120 square feet.
ii. It must be set back fifteen (15) feet from the front or
side property line.
iii. Along State Highway 36, freestanding signs must not
project higher than twenty-five (25) feet. In all other
locations, a freestanding sign may not project higher
than twenty (20) feet. Signs shall be measured from
base of the sign or grade of the nearest adjacent
roadway, whichever height is less.
Subd. 10. Directory Signs. Directory signs are used to guide pedestrians to
individual businesses within a multitenant commercial area and are permitted in BP,
PA and CRD districts. The sign area used in directory signs shall not be calculated
against the total allowable sign area. Directory signs in the permitted zoning districts
shall meet the following requirements:
(a) It must be placed on the site of the development and may be erected
only in internal pedestrian access areas and not in vehicle access areas.
(b) It must have a maximum area of one (1) square foot for each business
listed on the sign and four (4) square feet for the name of the building
or complex.
(c) It may be freestanding but must not exceed six and one-half (61/2) feet
in height.
(d) It must only be used for directions and identification.
Subd. 11. Non -Conforming Signs. It is recognized that signs exist within the
zoning districts which were lawful before this sign ordinance was enacted, which
would be prohibited, regulated or restricted under the terms of this ordinance or
future amendments. It is the intent of this sign ordinance that nonconforming signs
shall not be enlarged upon, expanded or extended, nor be used as grounds for adding
other signs or uses prohibited elsewhere in the same district. It is further the intent
of this sign ordinance to permit legal nonconforming signs existing on the effective
date of this sign ordinance, or amendments thereto, to continue as legal
nonconforming signs provided such signs are safe, are maintained so as not to be
unsightly, and have not been abandoned or removed subject to the following
provisions:
(a) No sign shall be enlarged or altered in a way which increases its
nonconformity.
(b) Should such sign or sign structure be destroyed by any means to an
extent greater than fifty (50) percent of its replacement cost and no
building permit has been applied for said sign within one hundred and
18
eighty (180) days of when the property was damaged, it shall not be
reconstructed except in conformity with the provisions of this
ordinance.
(c) Should such sign or sign structure be moved for any reason for any
distance whatsoever, it shall thereafter conform to the regulations for
the zoning district in which it is located after it is moved.
Subd. 12. Institutional Signs. An institutional sign maybe either wall mounted
or freestanding. The maximum size of the sign is 32 square feet and is subject to the
following:
(a) In residential zoning districts only non -electronic message centers are
allowed as part of an institutional sign.
(b) In the PA and PROS Zoning Districts a non -electronic message center is
allowed as part of an institutional sign.
Subd. 13. Violations.
(a) All signs for which a permit is required shall be subject to inspection by
the community development director or designee.
(b) The city may require the removal or repair, at the owner's expense, of
any sign if the requirements of this ordinance are not met.
(c) Upon receipt of a notice of violation, the record owner of the property
on which the sign or sign structure is located shall take corrective
action. If the property owner fails to comply with the corrections
outlined in the written notice, the city may initiate any lawful action or
proceeding to prevent, restrain, correct or abate the violation.
SECTION 4 ENACTMENT. Stillwater City Code Chapter 31-505, Subd. 3, relating to
Garage Sale Signage is hereby enacted:
Subd. 3. Garage Sale Signage. A temporary sign promoting a garage sale is
permitted, provided that:
(a) The sign does not exceed four (4) square feet.
(b) The sign is not more than three (3) feet in height.
(c) The sign is removed the same day when the sale closes for each day.
(d) he sign is permitted by the owner of the property on which the sign is
placed.
(e) No more than two (2) garage sales per year are held by any address in
any calendar year with each sale lasting no longer than three (3) days.
(f) The sign may not be placed upon the right-of-way, parks or public
property in a manner that creates a nuisance to adjacent owners,
creates a safety hazard or blocks the view of entrances to streets or
intersections.
19
SECTION 5 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of
the entire ordinance is available without cost at the office of the City Clerk, the following
summary is approved by the City Council and shall be published in lieu of publishing the
entire ordinance:
The sign ordinance has been revised to add additional sign definitions to the general
definitions section of the zoning code, add provisions surrounding the use of
noncommercial speech, reorganize sections for clarity, move garage sales signs to the
residential section of the zoning code, provide consistency in terminology, and
otherwise update the ordinance to ensure it is content neutral.
SECTION 6 SAVING. In all other ways, the Stillwater City Code shall remain in full
force and effect.
SECTION 7 EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Adopted by the Stillwater City Council this 16th day of March, 2021.
ATTEST:
Beth Wolf, City Cler
CITY OF ST LSNATER
Ted Kozlowski, Mayor
20
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF WASHINGTON
Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Stillwater Gazette
with the known office of issue being located
in the county of:
WASHINGTON
with additional circulation in the counties of:
WASHINGTON
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 03/19/2021 and the last
insertion being on 03/19/2021.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 03/19/2021 by Diane Erickson.
pcao_r_f_ h
Notary Public
4sm-.rr.
DARLENE MARIE 1 ACPHERSON
is NOTARY PUBLIC - MINNESOTA
Commission Expires Jan 31, 2024
e.
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$40.00 per column inch
CITY OF STILLWATER
ORDINANCE NO. 1162
AN ORDINANCE AMENDING STILLWATER CITY CODE
CHAPTER 31-101 REGARDING ZONING DEFINITIONS,
AMENDING CHAPTER 31-509 REGARDING SIGN
REGULATIONS, AND ENACTING CHAPTER 31-505,
SUBD. 3 REGARDING GARAGE SALE SIGNAGE
The City Council of the City of Stillwater does ordain: The sign ordi-
nance has been revised to add additional sign definitions to the general
definitions section of the zoning code, add provisions surrounding the use
of noncommercial speech, reorganize sections for clarity, move garage
sales signs to the residential section of the zoning code, provide consis-
tency in terminology, and otherwise update the ordinance to ensure it is
content neutral.
Approved this 16th day of March, 2021. Do not hesitate to contact the
City Clerk's Office (651) 430-8802 if you have any questions or need further
information.
Signed: Beth Wolf
City Clerk
Published in the
Stillwater Gazette
March 19, 2021
1123553
Ad ID 1123553