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Planning Commission Agenda Packet 12-01-1992AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMMSION Tuesday, December 1, 1992.7 p.m - Members: Cindy I:emm, Richard Martie, Jon Bogart, Richard Carlson, Brian Stumpf 1. Call to order. 2. Approval of minutes of the regular meeting held October 7, 1992; the special meeting held November 4, 1992; and the regular meeting held November 4, 1992. 3. Review city ordinance regulating banners and temporary signs. 4. Adjournment. aowna tl s / i CS\ 13 y n n .� t,�� ` R Q •N1 � L ii,n.r.b<li - r MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMLSSION Wednesday, November 4, 1892 - 7 pm. Members Present: Richard Martie, Jon Bogart, Cindy Lemm, Richard Carlson Members Absent: None 1. The meeting was called to order by Acting Chairperson, Cindy Lemm, at 7:18 p.m. A motion was made by Richard Martie and seconded by Richard Carlson to approve the minutes of the regular meeting held September 1, 1992. Motion carried unanimously. 3. A question was raised by Planning Commission member, Cindy Lemm, as to item i2 of the special meeting held September 28, 1992, as follows: Mrs. Lemm noted that Judy Leming is not a partner in Hillside Partnership. She is a realtor with Edina Realty. Staff noted that the minutes reflect her representation and that it is not proper to change the minutes to reflect reality; however, if the information provided by Leming regarding her status is not necessary in the minutes, it can simply be deleted. There being no further questions, a motion was made by Jon Bogart and seconded by Richard Martie to approve the minutes of the special meeting held September 28, 1992. Motion carried unanimously. 4. A motion was made by Richard Martio and seconded by Jon Bogart to adjourn the meeting. The meeting adjourned at 7:23 p.m. Respectfully submitted, Gary Anderson Zoning Administrator KU4UTFS SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Wednesday, November 4,1992 - 6 p.m Members Present: Richard Martie, Jon Bogart, Cindy Lemm, Richard Carlson Members Absent: None The meeting was called to order by Acting Chairperson, Cindy Lemm, at 6:06 p.m. 2. Interview Plannine Commission Member Aonlicants. The following applicants were interviewed for the vacant Planning Commission position: 6:00 p.m. Joann Hoerchler 6:15 p.m. Michelle Hoefling 6:30 p.m. Marilyn Frie 6:45 p.m. Brian Stumpf Each applicant was allotted approximately 15 minutes to answer a series of standard questions and additional questions asked by Planning Commission members. After conducting the four interviews, each Planning Commission member made a recommendation on a ballot, which was submitted to Assistant Administrator, Jeff O'Neill. The secret ballot vote results are as follows: Hoerchler, 0; Hoefling, 3; Frio, 0; Stumpf, 1. O'Neill will present the Planning Commission recommendation for City Council consideration at the November 23, 1992, meeting. 3. The meeting adjourned at 7:17 p.m. Respectfully submitted, Gary Anderson Zoning Administrator Planning Commission Agenda - 12/1/92 Review city ordinance regulating banners and temaorary signs. (J.0.) A. REFERENCE AND BACKGROUND: Planning Commission is asked to review the existing ordinance regulating temporary banners and signs and consider calling a public hearing to amend the present ordinance. This request is in response to concerns brought forward by Dorothy Ritze, the operator of the Total Mart stores. Please review the attached memo for more background information regarding this topic. B. ALTERNATIVE ACTIONS: Review the matter and take no action. Under this alternative, the Planning Commission is comfortable with the ordinance as it now exists. Dorothy Ritze would have to submit an application for an ordinance amendment in order for the Planning Commission to consider the matter further. Under this alternative, Planning Commission is comfortable with the present ordinance which allows for a total of 20 days per year that a business is allowed to display a temporary sign. 2. Motion to call for a public hearing on an ordinance amendment which would allow greater use of temporary signs by providing for more special events or longer special event periods. Under this alternative, Planning Commission would be taking the position that the City needs to maintain control over banners and temporary signs; however, there is room for extending the period that banners and temporary signs can be used. Under this alternative, Planning Commission should establish in detail how many additional days should be allowed. City staff would then draft an amendment to the zoning ordinance accordingly. This issue would then he brought before the Planning Commission at a public hearing in January. 3. Motion to call for a public hearing on an ordinance amendment that would allow "full-time use of banners and temporary signs," Planning Commission Agenda - 1211/92 Under this alternative, Planning Commission is comfortable with allowing banners to be used on a regular basis in addition to the existing signs which are already allowed by ordinance. As noted in the memo, Dorothy Ritze would like to have a 30 sq ft banner to be allowed on site at all times. C. STAFF RECOMMENDATION: Staff recommends that the Planning Commission select alternative #1 or alternative #2. As noted in the attached memo, there are no cities that we know of that allow full-time use of banners in addition to their existing sign systems except for the City of Coon Rapids, which allows temporary signs on a very limited basis. Staff would like to emphasize that as nice as promotional banners may be, once you allow them you have no control. The City cannot regulate the type of banner, aesthetics, or messages; therefore, allowing a banner to promote Pepsi that's sold on a weekly special would also allow a downtown merchant to use a banner to advertise his place of business. It would also allow all types of print styles and qualities of banners, some of which could result in visual blight. Adding signage at a rate of 30 sq ft per property would serve to detract from the effectiveness of the signs already in existence and, therefore, diminish the value of the signs presently in place. The sign ordinance should not be amended because its limitations currently protect individual businesses from what a neighboring business might do. Dorothy Ritze also suggested that, as a compromise, perhaps temporary signs could he displayed for a period of two weeks per month. Although this is a nice compromise, administration of this restriction would be very difficult, if not impossible. D. SUPPORTING. D Tom: Memo regarding potential amendments to the section of the sign ordinance relating to banners; Pertinent sections of the ordinance regulating signs. MEMO TO: Topic File 1 FROM: Jeff O'Neill, Assistant Administrator' �K C DATE: November 12, 1992 RE: Potential amendments to the section of the sign ordinance relating to banners A meeting was conducted on November 12, 1992, at 9 a.m. Individuals attending included Rick Pribyl of Tom Thumb; Gary Anderson; Dorothy Ritze of Total Mart; Tom Holthaus of West Side Market; Steve Grittman, City Planner, and Jeff O'Neill. Jeff O'Neill reviewed the history behind the reason for calling the meeting. In his review, he stated that Gary Anderson had been doing routine enforcement of the banner section of the sign ordinance. In response to City enforcement action, Dorothy Ritze requested that the City staff review the sign ordinance with her and discuss possible changes to the ordinance that would allow display of temporary signs and banners for more than 20 days per year as currently allowed by ordinance. O'Neill noted that since the first meeting, City staff had conducted research regarding other city ordinances and discussed the matter with the City Planner. Steve Grittman of Northwest Associated Consultants noted that the City of Monticello ordinance is typical with regard to its treatment of temporary signs and banners. All of the cities that he works with do not allow banners or temporary signs except by special permit in conjunction with a special event. Grittman noted that cities maintain this prohibition of temporary signs because allowing them to be displayed would relinquish all control of banners. He noted as nice as promotional banners may be, once you allow them, you have no control. The City cannot regulate the type of banner, aesthetics, message, etc.; therefore, allowing a banner to promote Pepsi that's sold on a weekly special would also allow a downtown merchant to use a banner to advertise his place of business. It would also allow all types of prints, styles, and qualities of banners, some of which could result in visual blight. Grittman suggested that as an alternative, the convenience stores utilize changeable type on an existing pylon sign system. The message board would he integrated with the total allowable sign area and would not represent an addition to the sign area allowed. O'Neill reviewed policies followed by other communities. He noted that in almost all cases, banners aro prohibited. He reviewed the Brooklyn Center, Elk River, Mound, Coon Rapids, and Anoka ordinances. He stated with one exception, banners and temporary signs are prohibited. In Coon Rapids, two temporary signs are allowed so Memo Temporary Signs & Banners November 12, 1992 Page 2 long as the total square footage of each sign does not exceed 12 sq ft. A third sign is also allowed without a permit so long as it is under 12 sq ft in sign area. If the third sign is over 12 sq ft in sign area, then it must be no larger than 32 sq ft and can only be in place for a period of 14 days. Steve Grittman also noted that the City can regulate for maintenance and movement. He went on to note that the general purpose of the restriction on banners and signage is to maintain an adequate amount of sign area. Adding signage at a clip of 30 sq ft per property would serve to detract from the effectiveness of the signs already in place and, therefore, diminishes the value of the sign system overall. The sign ordinance is intended to protect individual businesses from what the neighbor might do. Dorothy Ritze stated that she would like the City to consider creating a new category of signs which would allow signs to be used for individual product promotions. Grittman again noted that it would be difficult to single out a product sign versus a sign advertising a business, as the City cannot regulate the content of the sign. Dorothy Ritze's primary request was to allow a 30 sq ft temporary sign to be allowed on a full-time basis. She noted that if this would not be possible, it would be reasonable to allow temporary signs to be displayed for a period of 2 weeks per month. O'Neill and Grittman noted the difficulty in administering this type of program for allowing temporary signs. Tracking which signs have been up for the maximum period and which signs have not would create an administrative nightmare. As the discussion concluded, it was the consensus that Dorothy would prepare an outline of her request, and City staff would outline the pro's and con's of the three basic options, which include 1) no change to the existing ordinance; 2) liberalization of the existing ordinance to allow for more special events, days, or longer special event periods; and 3) allow 30 sq ft temporary signs or banners to be placed on display at any business at any time. O'Neill noted that he would be preparing an outline for the agenda item and would contact Steve Grittman if he needed further assistance. After discussion, it was the consensus of the group to bring the sign issue before the Planning Commission in the form of a workshop setting. Notice of the workshop will be provided to convenience store and fast food business operators. The information would be presented at the December meeting of the Planning Commission. use permit. Such permit shall include as a condition thereof a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, and route of trucks moving to and from the site. 3-9: SIGNS: I C fleet S 'i o Disk 14s2/� — [A) PURPOSE: This subdivision is established to protect and promote health, safety, general welfare, and order within the city of Monticello through the establishment of a comprehensive and impartial series of standards, regulations, and procedures governing the type, numbers, size structure, location, height, lighting, erection, use and/or display of devices, signs, or symbols serving as a visual communication media to persons situated within or upon public right-of-ways or properties. W'/1 fly O w nt� The provisions of this subdivision are intended to V encourage opportunity for effective, rde c3o.nn2 R S b e communication by reducing confusion and azards resulting from unnecessary and/or indiscriminate use of Coos, SftWit communication facilities. 1 5 5 a �? [B) PERMITTED AND PROHIBITED SIGNS: 1. PERMITTED SIGNS: The following signs are allowed without a permit but shall comply with all other applicable provisions of this subdivision: (a) Public signs (b) Identification signs: There may be one (1) per premise not to exceed two (Z) square feet in area. If the sign is freestanding, the total height may not exceed five (S) feet. (c) Integral signs (d) Political campaign signs: shall not exceed twelve (12) square feet in all other zoning districts. Every campaign sign must contain the name and address of persons responsible for such sign, and that person shall be responsible for its removal. Signs shall remain in place for no longer than five (9) days after the election for which they are intended. All signs shall be confined to private property. The City shall have the right to remove and destroy unsightly signs or remove signs after the five (S) day limit and assess a fee of five dollars ($5.00) per sign for removal. MONTICELLO ZONING ORDINANCE 3/37 (e) Holiday Signs: Displayed for a period not to exceed thirty (30) days. (f) Construction Signs: Such signs shall be confined to the site of the construction, alteration, or repair, and shall be removed within two (2) years of the date o; issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the City Building Inspector or his agent. One (1) sign shall be permitted for each major street the project abuts. No sign may exceed fifty (50) square feet. (g) Individual Property Sale or Rental Signs: Signs must be removed within fourteen (14) days after sale or rental of property. Signs may not measure more than four (4) square feet in "R" districts, nor more than twenty (20) square feet in all other districts. There shall be only one (1) sign per premise. Corner properties, however, may contain two (2) signs, one (1) per frontage. V L (h) Information/Directional Signs: Shall not be larger than ten (10) square feet and shall �- conform to the location provisions of the specific district. 2. PROHIBITED SIGNS: The following signs are specifically prohibited by this paragraph. (a) Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. (b) Any sign which contains or imitates an official traffic sign or signal, except for private, on -premises directional signs. (c) Any sign which moves or rotates. Exempt are time and temperature information and barber poles. 1(d) Any sign which contains or consists of) r banners, pennants, ribbons, streamers, strings of light bulbs, spinners, or similar devices, except in rase of Subsection (C)` Paragraph 4. (e) Portable signs as defined in i below and other attention -getting devices as defined in iii -v below, except as provided for in Subsection (C), Paragraph 4. MONTICELLO ZONING ORDINANCE 3/30 i. Portable signs shall be defined as an advertising device not permanently attached to a building, facade, or pylon. Portable signs include electronic and non -electronic sign boards on wheels, banners, as defined in 11 below, sandwich boards; hanging placards, signs mounted on movable standards. ii. Banners shall be defined as fabric, paper, vinyl, or similar material which carries a specific message and which can be hung on a wall, facade, awning, canopy, suspension cable or wire, etc. iii. Streamers/Pennants shall be defined as flags, triangular pennants, spirals, spinners, etc., attached in series to a single cord or support line which is then strung or suspended from point to point. iv. Inflated devices shall be defined as inflatable devices which may be stationary or airborne (but tethered) which are intended to attract attention to a specific location or site. V. Searchlights - self defining. (Amendment No. 150) (f) Signs which are attached in any manner to trees, fences, utility poles, or other such permanent supports, except for those signs found on fences (inside) of baseball parks. (g) Advertising signs of 100 square feet or more in place on or before June 13, 1980, and which are the principal use of the lot of record as of the above date and which have an agreement on file with the City on or before August 13, 1980, in the form so designated by the City Administrator, which is signed by the property owners and the advertising sign owners and all signatures notarized, may continue as a non- conforming use until such time as the lot of record above is developed or improved, in which case, the non -conforming advertising sign must be removed within 60 days after written notice from the Building Official. MONTICELLO ZONING ORDINANCE 3/39 (h) Advertising signs as defined in Chapter 2 of this ordinance of 199 square feet or less in area, except that those signs which were in place on or before 8/15/75 may continue as a non -conforming sign. (i) No sign shall display any moving parts, nor shall it be illuminated with any flashing or intermittent lights, nor shall it be animated. Exempt are time and temperature information and barber poles. All displays shall be shielded to prevent light to be directed at on -coming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal. (j) Roof Signs. (k) Overhanging Signs. (C) GENERAL PROVISIONS: 1. All signs shall comply with Maintenance Section 5- 305 of the 1970 Edition of Volume V of the Uniform Building Code as promulgated by the International Conference of Building Officials. 2. When electrical signs are installed, the installation shall be subject to the City's Electrical Code. 3. No signs other than governmental signs shall be erected or temporarily placed within any street right-of-way or upon any public lands or easements or right-of-ways. /. The temporary use of portable signs, decorative attention -getting devices, and searchlights shall require an annual or daily permit. (a) An annual permit for portable signs, as / defined herein, shall be granted for a maximum period of twenty (20) days per calender year. The applicant shall determine and specify on the application the days planned for display, i.e., twenty consecutive days, ten weekends, ., etc. MONTICELLO ZONING ORDINANCE 3/00 (b) A permit for decorative attention -getting y devices shall be issued for a maximum period of ten (10) days with a minimum period of one hundred eighty (180) days between consecutive issuance of such permits for any property or parcel. (c) All portable signs and attention -getting devices must be well maintained and kept in good repair at all times. The Building Official shall order the immediate removal of any device considered to be damaged or in poor condition. Non-compliance shall be just cause for revocation of the permit without refund. (d) All portable signs and attention -getting devices shall be allowed only on the property or site where the business or enterprise is situated. No placement shall be allowed on public rights-of-way. (e) All portable signs and attention -getting devices shall be on ground level except that banners and streamers may be affixed to a building, facade, permanent pylon sign, or other permanent fixture. Airborne inflatable devices shall be tethered on site. (f) Not more than two (2) portable signs shall be displayed at the same time. (g) Not more than two (2) attention -getting devices shall be permitted to be displayed in conjunction with any portable sign. (h) A decorative attention -getting device may bear the name of the business, but shall not bear any service, product, price, etc., advertising message. (i) Permit fees shall be set by the City Council and shall be payable upon application for said permit. (Amendment No. 150) (j) Public banners may be hung from city street light fixtures for a period of up to one (1) year. Design and placement of the public banners shall be consistent with the following standards: 14ONTICELLO ZONING ORDINANCE 3/41 1. Design and placement of public sign/decorative banners must first be approved by the City Council and annually thereafter. Prior to Council consideration, applicant shall submit a banner placement plan which shows proposed banner design, size, pole location/elevation, duration, and proposed manner by which the banners shall be hung. Banner placement plan shall also describe financing sources for purchasing and installing public banners. Public banners may be hung from parking lot light fixtures or from other structures on private property only in conjunction with a City Council approved public banner system. Except for requirements outlined in section 4.(j) of this ordinance, said banners are exempt from sign regulations. The City shall not participate in financing any portion of the cost of public banners placed on private property. City crews may assist with the installation of public banners placed on private property if compensated at actual cost to install banners. 3. Except for Christmas banners, all banners shall contain an element of the City colors and/or City logo. No private advertising may be allowed on any banner hung in conjunction with a public banner system. 4. Public banners hung from streetscape fixtures shall be no larger than 14" by 45". Banners hung from standard street lights shall be no larger than 28" by 80". Public banners shall not be hung in a position that will cause a substantial obstruction of visibility from the street to advertising, traffic, and directional signs and shall not be hung In a position so as to interrupt corner eight lines. 6. Public banners may be hung only on alternate stroetecape fixtures unless otherwise approved by Council. NONTICELLO ZONING ORDINANCE 3/42 Banners placed on City fixtures shall become the property of the City. If damaged or in need of repair, banners may be removed by City staff. The public banner system may be discontinued, and all banners, including those on private property,• may be ordered removed at the discretion of the City Council. The bracket system used to hang banners shall be of sufficient strength to withstand strong winds and shall be designed in a manner that allows easy installation and removal of banners. 5. All signs shall display in a conspicuous manner the owner's name, permit number, and date of erection. 6. All height restrictions on signs shall include height of sign structure. 7. In any district, any portion of any sign exceeding two (2) square feet shall be set back fifteen (15) feet from any right-of-way line and ten (10) feet from any residential (zoned) property line. 8. Any sign now or hereafter existing which no longer advertises, or identifies a bona fide business conducted, or a service rendered, or a product sold, shall be removed by the owner, agent, or person having the beneficial use and/or control of the building or structure upon which the sign may be found within ten (10) days after written notice from the Building Inspector. 9. The City of Monticello or its agent is authorized and required by this ordinance to enter into an agreement with the United States or any of its agencies or departments to the end that the objective stated in Title 23, United States Code, Section 131, Section 319, or any other applicable federal statute to obtain non -conforming signs along the Great River Road within the city of Monticello. However, the City of Monticello or its agent shall not be required, nor allowed, to expend funds for the acquisition of non -conforming signs or advertising devices under this chapter until federal funds in the amount of 75% or more to his acquisition cost are made available to the City of Monticello for the purpose of carrying out this ordinance. No sign nor advertising device legal under Laws 1971, Chapter 883, shall be required to be removed or relocated until payment, as provided in Laws 1971, Chapter 883, is tendered by the City of Monticello. MONTICELLO ZONING ORDINANCE 3/43 MICROFILM TITLE PAGE CITY OF MONTICELLO Planning Commission Agenda Books 1993 A'ewhtl1f11bfMWyro/d ub �