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Ordinance 588 Approving an Amendment to Shorewood City code Cahpter 1201 (Zoning Regulations) Related to SignsORDINANCE 588 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 1201 (ZONING REGULATIONS) RELATED TO SIGNS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: SECTION 1. AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 1201 Section 1201.01 (Definitions), is hereby amended as set forth below by adding the underlined language and deleting the 6tFik8thFGUqh language as follows: 1201.02 DEFINITIONS. Remove this definition: SIGN - CAMPAIGN. A temporary sign promoting the candidacy of a person running for a governmental office or promoting an issue to be voted on at a governmental election. Add the following two definitions (place in alphabetical order with the other existing definitions): SIGN— COMMERCIAL SPEECH. A sign advertising a business, profession, commodity, service, or entertainment. SIGN— NONCOMMERCIAL SPEECH. A sign that includes message that does not promote commercial products or services. SECTION T. That the Municipal Code of Shorewood, Minnesota, Chapter 1201, Section 1201.03 Subd. 11. (Signs), is hereby amended as set forth below by adding the underlined language and deleting the 6tFikethFeugI4 language as follows: Section 1201.03 Subd. 11 Signs. 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 chapter: (a) Public signs; (b) Address signs; (c) Integral signs; (d) Temporary noncommercial speech signs, subject to the following: (i) Signs may be posted in any number or size during the following times: A. State general election years: 46 days before a state primary until ten days following the state general election pursuant to MS. § 211B.045. B. For all other public elections years: 100 days prior to the election until ten days following the election. (ii) During the time outlined in (d) (i), noncommercial speech signs shall not be located in violation of 1201.03 Subd. 2. h. (Traffic Visibility) of City Code or closer than five feet from the street, as measured from: A. The curb of a paved roadway. B . The paved street surface for those streets without dubs or shoulders. C. The edge of the aggte surface for gravel streams or those paved stress with improved gravel shoulders. (e) Holiday signs, displayed for a period not to exceed 30 days ardno larger than 32 square feet in area; (f) Construction signs. The signs shall be confined to the site of the construction, alteration or repair and shall be removed within two years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the City Building Official or his or her agent. One sign shall be permitted for each major street the project abuts. No sign may exceed 50 square feet; (g) Real estate sale or rental signs. Signs must be removed within 14 days after sale or rental of property. Signs may not measure more than six square feet in Residential Districts, nor more than 20 square feet in all other districts. There shall be only one sign per premises. Corner properties, however, may contain two signs, one per frontage. Lakeshore lots may contain two signs, one in the front and one facing the lake; (h) Informational/directional signs shall not be larger than three square feet and shall conform to the location provisions of the specific district; (i) Owner -occupant signs. One residential name sign, not to exceed two square feet in area, identifying only the name of the owner or occupant of a residential building. General provisions. (1) All signs shall comply with the Minnesota State Building Code as maybe amended. (2) When electrical signs are installed, the installation shall be subject to the State Building Code as may be amended. (3) No portion of any sign shall be located within five feet of any property line, except as permitted in b. (1) (d) of this subdivision. (4) No signs other than public signs and noncommercial speech signs as provided in b.(1)(d) of this subdivision, shall be erected or temporarily placed within any right- of-way, upon public lands, or easements. Any unauthorized signs located in public right-of-way or on public property shall be considered abandoned and are subject to immediate removal and disposal without notice. (5) Temporary signs. (a) The temporary use of signs, searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12-month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign. (b) A conditional use permit may be granted to nonprofit athletic associations, contracted with the city pursuant to Section 902.06 of this code, for the display of temporary business sponsorship signs to be placed on certain bail field fences on public property, provided that: (i) A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for its use; (ii) Signs may be displayed only in a community park, as defined in the Shorewood Comprehensive Plan; (iii) Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties; (iv) All signs must be professionally made, using durable weather resistant material, painted or colored dark green on the back side of the sign; (v) Signs are limited in size to no larger than 42 inches in height and seven feet in length; (vi) There shall be a minimum spacing between signs of seven feet; (vii) The maximum number of signs per ball field is 15; (viii) The nonprofit athletic association is responsible for maintaining the signs in good repair. If a sign become detached, torn, or vandalized, the association must repair or replace them immediately or the sign will be summarily removed by the city; (ix) The nonprofit athletic association is responsible for any damage to the fence on which it is displayed that is caused by installation or display of the sign; (x) The conditional use permit is subject to review and recommendation by the Shorewood Park Commission; (xi) The nonprofit athletic association must obtain an annual license from the city and enter into a license agreement setting forth the conditions of approval and the duration of the approval. The association shall pay an annual license fee as established by the City Council from time to time. The association shall have no vested right in obtaining licenses from season to season; and (xii) It shall be the responsibility of the nonprofit athletic association to obtain a temporary sign permit for each sign to be displayed on ball field fences, prior to erecting the sign. (6) No sign or sign structure shall protrude over a public right-of-way, except as permitted in b. (1) (d) of this subdivision. (7) All signs which require a permit shall display, in a conspicuous manner, the owner's name, permit number and date the sign was erected. (8) All height restrictions on signs shall include height of sign structure and be measured from lot grade. (9) In the case of a two-faced, freestanding sign, where the two faces of the sign are parallel and face in opposite directions, only one face shall be used in computing the allowable area of the sign. (10) Any sign now or hereafter existing which no longer advertises or identifies a business conducted, service rendered or product sold on the premises shall be removed by the owner, agent or person having the beneficial use or control of the building or structure upon which the sign may be found within 60 days from the date of vacancy. (11) The regulations contained herein shall not apply to traffic signs or the flag, separate emblem, or insignia of a nation, political unit, school or religious group, or integral signs. There shall be no more than one United States flag and no more than three other non-commercial flags. Nor shall these regulations pertain to a sign inside a building, provided the sign is at least three feet in back of the inside of the exterior wall and is readable from the inside of the building. (12) All signs requiring a permit from the city shall be subject to review and approval by the Zoning Administrator. (13) Substitution Clause. The owner of any sign which is otherwise allowed by this article may substitute noncommercial speech in lieu of any other commercial speech or noncommercial speech. This substitution of copy may be made without any additional approval or pennitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial speech over any other noncommercial speech. This provision prevails over any more specific provision to the contrary. SECTION 3. EFFECTIVE DATE, This Ordinance shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this gth day of May, 2022. JENNIFER LABADIE, MAYOR SANDIE THONE, CITY CLERK ORDINANCE 588 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 1201 (ZONING REGULATIONS) RELATED TO SIGNS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: SECTION 1® AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 1201 Section 1201.01 (Definitions), is hereby amended as set forth below by adding the underlined language and deleting the Wig# language as follows: 1201.02 DEFINITIONS. $ eleetioffi IGAI a-- COMAIERCIAL SPEECH. A sign advertising a businessprofession, c��ervice, or entertainment. SIGN — NOATCOMMERCIAL SPEEC LH.A silm that includes tnessa se that does not �rotnote eo�ntnereial products or services. SECTION T. That the Municipal Code of Shorewood, Minnesota, Chapter 1201, Section 1201.03 Subd. 11. (Signs), is hereby amended as set forth below by adding the underlined language and deleting the stFikethreug# language as follows: Section 1201.03 Subd. 11 Signs. 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 chapter: (a) Public signs; (b) Address signs; (c) Integral signs; an-4 e4-c4ion-Ye-af the followin& aisignsmay be osted in ny number or size during the following irnes: _qq _qu f_ � _L A. State general election years; 46days before a state primary until ten clays follow�state _gS� §_21JR045, B all otherpublic.elections years: 100 daysp rJior to th2c, election _ until ten days following; the election. Di_12pring the time outnot be located in violation of 1201.03 Subd. 2. h. (Traffic Visibility) ol'City .(o-.de or -closer than five feet from as the street , measured froin. , A.The qqbofalNjv1 roadway, 13. J11C nave d strect surface for those streets NNidiord curbs or shouldas. C" The W,,e Of die almtc sruface for wavel stcets or diose Med st-mts vnfli ti Mw N � a 1 avel A i(LL 4 d e rs. (e) Holiday signs, displayed for a period not to exceed 30 days_and no larger than 32 square feet in area; (f) Construction signs. The signs shall be confined to the site of the construction, alteration or repair and shall be removed within two years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the City Building Official or his or her agent. One sign shall be permitted for each major street the project abuts. No sign may exceed 50 square feet; (g) Real estate sale or rental signs. Signs must be removed within 14 days after sale or rental of property. Signs may not measure more than six square feet in Residential Districts, nor more than 20 square feet in all other districts. There shall be only one sign per premises. Comer properties, however, may contain two signs, one per frontage. Lakeshore lots may contain two signs, one in the front and one facing the lake; (h) Informational/directional signs shall not be larger than three square feet and shall confonn to the location provisions of the specific district; (i) Owner -occupant signs. One residential name sign, not to exceed two square feet in area, identifying only the name of the owner or occupant of a residential building. c. General provisions. (1) All signs shall comply with the Minnesota State Building Code as maybe amended. (2) When electrical signs are installed, the installation shall be subject to the State Building Code as may be amended. 3 _No portion of any sign shall be located within five feet of any property line, except as Lgnitted in b. 1d of this subdivision. (3}No signs other than govemmeat,4-- public ,signs and=palitl— noncommercial speech signs as provided in b.(1)(d) of this subdivision, shall be erected or temporarily placed within any sit right-of-ways car -upon public lands, or easements--€ ffightsf- y. Any unauthorized signs located in public right-of- way or on public property shall be considered abandoned and are subject to immediate removal and disposal without notice. 415 Temporary signs. (a) The temporary use of signs, searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12-month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign. (b) A conditional use permit may be granted to nonprofit athletic associations, contracted with the city pursuant to Section 902.06 of this code, for the display of temporary business sponsorship signs to be placed on certain bail field fences on public property, provided that: (i) A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for its use; (ii) Signs may be displayed only in a community park, as defined in the Shorewood Comprehensive Plan; (iii) Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties; (iv) All signs must be professionally made, using durable weather resistant material, painted or colored dark green on the back side of the sign; (v) Signs are limited in size to no larger than 42 inches in height and seven feet in length; (vi) There shall be a minimum spacing between signs of seven feet; (vii) The maximum number of signs per ball field is 15; (viii) The nonprofit athletic association is responsible for maintaining the signs in good repair. If a sign become detached, torn, or vandalized, the association must repair or replace them immediately or the sign will be summarily removed by the city; (ix) The nonprofit athletic association is responsible for any damage to the fence on which it is displayed that is caused by installation or display of the sign; (x) The conditional use permit is subject to review and recommendation by the Shorewood Park Commission; (xi) The nonprofit athletic association must obtain an annual license from the city and enter into a license agreement setting forth the conditions of approval and the duration of the approval. The association shall pay an annual license fee as established by the City Council from time to time. The association shall have no vested right in obtaining licenses from season to season; and (xii) It shall be the responsibility of the nonprofit athletic association to obtain a temporary sign permit for each sign to be displayed on ball field fences, prior to erecting the sign. (56) No sign or sign structure shall protrude over a public right-of-way e; ce )t_ its emitted in 1,. 1) id of this subdivision. (67) All signs which require a permit shall display, in a conspicuous manner, the owner's name, permit number and date the sign was erected. (7) All height restrictions on signs shall include height of sign structure and be measured from lot grade. (9) In the case of a two-faced, freestanding sign, where the two faces of the sign are parallel and face in opposite directions, only one face shall be used in computing the allowable area of the sign. (9 00) Any sign now or hereafter existing which no longer advertises or identifies a business conducted, service rendered or product sold on the premises shall be removed by the owner, agent or person having the beneficial use or control of the building or structure upon which the sign may be found within 60 days from the date of vacancy. (1011) The regulations contained herein shall not apply to traffic signs or the flag, separate emblem, or insignia of a nation, political unit, school or religious group, or integral signs. There shall be no more than one United States flag and no more than three other non-commercial flags. Nor shall these regulations pertain to a sign inside a building, provided the sign is at least three feet in back of the inside of the exterior wall and is readable from the inside of the building. (44_1_2) All signs requiring a permit from the city shall be subject to review and approval by the Zoning Administrator. (131-substitution Clausc. The ownerol'any sign xvhich is otherwise allowed b this article may substitute noncorniriercial sp ech in lieu of an�r of jer commercial speech or noncommercial speech. bris substitution of com may be made without anyadditionalapproval or pgnjrittin .The purpose of thus provision is to �rever�t Lany ina dvertent favoring of gonjriierc Lal s ieech over nonconirn favoring ot I an-v particular nonconiniercial s)eech over any -- other nonconinier6al s Beech. ,This_pLovj5jon p cvails over any n-ioreTecific-PL o\ ision to the contr DL. SECTION 3. EFFECTIVE DATE, This Ordinance shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this gth day of May, 2022. 1 id JENNIFER LABADIE, MAYOR ATTEST: SANDIE THONE, CITY CLERK