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HomeMy WebLinkAbout2024-02-21 City Council Special Meeting Packet1 February 21, 2024 COTTAGE GROVE CITY COUNCIL 12800 RAVINE PARKWAY SOUTH COTTAGE GROVE, MINNESOTA 55016 Training Room- 5:30 PM 1 Call to Order 2 Roll Call 3 Workshops - Open to Public A Zoning Code Amendments and Sign Code Update Staff Recommendation: Receive information and provide feedback to staff on the specific items identified in the Council Memo on the proposed update. 1 City Council Action Request 3.A. Meeting Date 2/21/2024 Department Community Development Agenda Category Action Item Title Zoning Code Amendments and Sign Code Update Staff Recommendation Receive information and provide feedback to staff on the specific items identified in the Council Memo on the proposed update. Budget Implication N/A Attachments 1. Code Amendments Memo 2024-2-21 (1) 2. Zoning & Sign Code Amendments - Draft Sign Code TO:Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM:Mike Mrosla, Senior Planner DATE:February 21, 2024 RE:Zoning Code Amendments and Sign Code Update Introduction Staff is seeking feedback on proposed amendments to the City of Cottage Grove Zoning Code (Title 11) and Sign Code (Title 11-3-14). Zoning Code Background At its December 15, 2022, meeting, the City Council adopted an entirely revised zoning code. The new zoning code has been implemented since December 2022; since then, planning staff has identified and is proposing several minor text amendments to ensure clarity in interpretation. Many of the proposed amendments are administrative; however, the more impactful proposed amend- ments are listed below for review and discussion. 1. Add back the historic properties parameters and standards. Finding: The Historic Conditional Use Permit (HCUP) was removed as part of the zoning code update. At the time, staff believed the underlying zoning code was sufficient to regu- late proposed and existing uses on historic properties; however, upon further review and discussions with property owners of historic properties, it has been determined that historical preservation parameters and standards are necessary. Staff is working with the City Attorney to draft language new code language in the form of either a conditional use permit or variance. 2. Permit accessory structures to be constructed in front yards when adjacent to the Mississippi River and within the Mississippi River Corridor Critical Area Overlay (MRCCA). ▪11-3-5.F.7 Detached garages and accessory structures may be located in the front yard (between the dwelling and front property line) on properties adjacent to the Mississippi River within the Mississippi River Corridor Critical Area Overlay (MRCCA) provided all of the following are met: 1. Detached garages and accessory structures shall meet the underlying zoning dis- tricts development standards and shall not be located within the minimum front yard setback. 2. Exterior materials including color and roof material of detached garages and acces- sory structures shall match or complement the existing primary residential structure and shall conform to all other requirements of the underlying zoning district. Honorable Mayor, City Council, and Jennifer Levitt Zoning and Sign Code Update Workshop February 21, 2024 Page 2 of 12 Finding: City code currently requires detached garages and accessory structures to be located behind the principal structure; however, constructing an accessory structure behind the principal structure on lots adjacent to the Mississippi River may not be achievable due to the river setback and MRCCA standards. Instead of going through the variance process, staff is proposing to permit accessory structures and detached garages to be constructed in the front yard if the property is adjacent to the Mississippi River and meets all other applicable standards. 3. Update impervious surface coverage percentages for R districts and title the table line the same for all R districts to be consistent: ▪11-7-1: R-1 o 11-7-1.G: change “maximum impervious lot coverage” to “Maximum impervious surface coverage” o Change maximum impervious surface coverage from 25% to 35% ▪11-7-2: R-2 o 11-7-2.G: change “maximum impervious lot coverage” to “Maximum impervious surface coverage” o 11-7-2.G: Change maximum impervious surface coverage from 30% to 40% ▪11-7-3: R-3 o 11-7-3.G: change “maximum impervious surface” to “Maximum impervious surface coverage” o 11-7-3.G: Change maximum impervious surface coverage from 35% to 45% ▪11-7-4: R-4 o 11-7-4.F: change “maximum impervious surface” to “Maximum impervious surface coverage” o 11-7-4.F: change maximum impervious surface coverage from 40% to 50% ▪11-7-5: R-5 o 11-7-5.F: change “maximum site coverage” to “Maximum impervious surface coverage” o 11-7-5.F: change maximum impervious surface coverage from 40% to 50% ▪11-7-6: R-6 o 11-7-6.F: change “maximum site coverage” to “Maximum impervious surface coverage” o 11-7-6.F: change maximum impervious surface coverage from 50% to 65% Finding: Impervious surface standards for all residential districts were new to the R-2 through R-6 zoning districts in the 2022 code update. After implementing the new impervi- ous surface standards over the past year, it is clear that the current surface maximums were set too low, which limits the use of residential properties to support accessory struc- tures and patios. Staff is proposing to increase the impervious surface amounts by 10 to 15 percent depending on the zoning district and lot sizes. The proposed permitted imper- vious coverage on residential lots allows better alignment with the built environment. Honorable Mayor, City Council, and Jennifer Levitt Zoning and Sign Code Update Workshop February 21, 2024 Page 3 of 12 4. Update trash enclosure materials ▪11-3-8.C: The trash enclosure shall be consistent with materials found on the principal structure. Finding: The previous code, prior to the 2022 update, required trash enclosures be con- structed using the same or similar materials as the principal structure. The intent in the new code was to maintain this standard; however, this language was not carried through and staff is proposing to clarify the language. The proposed code requires trash enclosures for commercial, industrial, multi-family, and mixed use properties to use materials that are consistent with the materials used on the principal structure. 5. Single-family non-conforming driveway setback. ▪11-3-4.E.2.a: An existing driveway installed prior to 10 years from the permit application date that does not meet current setback requirements may be replaced in its present location, but cannot be closer than two (2) feet to the side property line. If the required permit was not obtained for the driveway originally, the parking surface is not consid- ered compliant, and the replacement driveway shall meet current setbacks. Finding: The zoning code is currently silent on legal nonconforming driveways that were installed prior to the current setback requirements based on the given zoning district. The proposed language would allow a legal non-conforming driveway to be replaced in its cur- rent location; however, it would require the replaced driveway to be installed with a mini- mum of a two-foot setback from the side property line. As part of the permit review in these situations, research will be conducted to verify the driveway has an approved permit for its original construction and the proposed setback for the replaced driveway is a minimum of 2 feet from the side property line. All proposed driveways will still need to meet the material standards for the zoning district, i.e. concrete or asphalt in front of the principal structure. 6. Allow Educational Facility uses in R-5 and R-6 districts as a Conditional Use. ▪11-7-5 D. 8 and 11-7-6 D.8 Educational facilities including but not limited to, public and private elementary, middle, junior high, and senior high schools, provided that no build- ing shall be located within fifty feet (50') of any lot line abutting an R district. Finding: City code currently does not allow for educational facilities in the R-5 or R-6 zon- ing districts. Staff is proposing to allow educational facilities in these districts for con- sistency among the residential districts in the Metropolitan Urban Service Area (MUSA). 7. Clarify site plan review procedure and submittal requirements. ▪Update first line in 11-2-4 to be “A” and read as follows: o A. Purpose: The purpose of this section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this section. The site plan review enables the city council to ensure that the applicant has made adequate provi- sions for utilities (sewer, water, and stormwater), traffic (off-street parking, circu- Honorable Mayor, City Council, and Jennifer Levitt Zoning and Sign Code Update Workshop February 21, 2024 Page 4 of 12 lation, access), safety precautions (lighting, pedestrian sidewalks, traffic control signs), and amenities (exterior design, landscaping, and screening). A site and building plan review shall be required for all proposed new construction and sub- stantive changes, as determined by the Community Development Director, to approved site plans or existing developed sites. o B. Exemptions: The following shall be exempt from the foregoing requirements: ▪1. Agricultural uses in the AG-1 and AG-2 Zoning Districts, with the exception of nurseries, greenhouses, and tree farms. ▪2. Single family detached dwellings. ▪3. Single family attached dwellings. Finding: City code currently does not state what development and/or improvements re- quire site plan review approvals. The proposed language clarifies the parameters at which time an official site plan review process would be required. The proposed language recog- nizes if minimal site adjustments are being proposed, a formal site plan review process may not be necessary. This change would better support commercial and industrial projects to be streamlined. If major alterations to the site or building are proposed, the site plan review process is necessary and would follow the current process. 8. Add Places of worship and religious institutions as conditional uses in R2 Residential Estate Zoning District ▪11-7-2.D.10: add “places of worship and religious institutions” Finding: Given all other residential zoning districts allow for places of worship and religious institutions, staff is proposing to be consistent and add the use in the R2, Residential Estate Zoning District. 9. Remove language stating that accessory structures cannot exceed the footprint of the principal structure. ▪11-3-5A.1: remove “or greater in footprint than the principal structure.” Finding: Staff is proposing to remove the requirement that accessory structures cannot exceed the footprint of the principal structure. This current requirement is not consistent with the built environment as there are numerous detached garages and accessory struc- tures in the community that are larger than the principal structure. Staff is comfortable re- moving the standard as numerous other checks and balances are in place to limit the size of an accessory structure so that these structures remain complementary to the principal structure. Impervious surface maximums, setbacks, maximum square footage allowed, maximum height, not allowing accessory structures in front of the principal structure, and other factors will require that accessory structures remain as accessory to the principal structure and are not the focal point of a residential lot. 10. Reduce lot width standard in R-4 Transitional Residential Zoning District. ▪11-7-4 F.1: Lot Width: 45 feet Honorable Mayor, City Council, and Jennifer Levitt Zoning and Sign Code Update Workshop February 21, 2024 Page 5 of 12 Finding: The current minimum lot width is 55 feet in the R-4 zoning district for a single- family lot. The original intent of creating the Transitional Residential Zoning District is to allow for smaller single-family lots and create a zoning district that fits between the standard single-family developments (R-3) and the dense townhome or high-density developments (R-5 and R-6). Since the new zoning code was adopted, the City Council has reviewed and approved 45-foot wide lots in several developments zoned R-4. In addition, the reduction in lot width would better align with and be consistent with current development trends. This is important because it positions the City in a place that allows for the standards of the prevalent zoning district to be prevalent, thus resulting in less Planned Unit Development (PUD) approvals being automatically required due to development trends and changes in lot widths. Furthermore, allowing the zoning district standards to prevail results in less risk for the developer as the standards for development are clear and achievable. Sign Code Update Background The sign code was most recently revised in 2014. With the City completing the revised zoning code in 2022, staff wanted to conduct a detailed review of the sign code to ensure compliance and uniformity between the two code sections. As part of the update, staff has worked closely with the City Attorney to ensure the proposed code is legally abiding and enforceable. Planning staff has identified and proposed several minor text amendments to ensure compliance and clarity in interpretation. The majority of the proposed amendments are administrative; however, the more impactful proposed amendments are listed below for review and discussion. In addition to the proposed amendments, staff is proposing to move the location of the sign code out of the zoning code (Title 11) to its own section to allow for ease of use and any future revisions. Definition Updates 1. Add a definition for multiple building commercial or industrial centers. ▪COMMERCIAL OR INDUSTRIAL SHOPPING AREA OR BUILDING COMPLEX: A de- velopment of industrial or commercial buildings, tenants, or uses, in close proximity that are intended to function in a joint manner, regardless of sequence of build-out. Charac- teristics of a shopping area or building complex may include, but are not limited to, shared parking facilities, joint access, and common building design. A shopping area or building complex may include multiple tenants or multiple owners, freestanding pad buildings, and may be situated on one or more lots or parcels or other factors as deter- mined by City Staff. Buildings within shopping areas. Finding: The current code does not contain a definition or sign standards for multiple build- ing commercial and/or industrial complexes. The proposed definition is intended to de- scribe developments and sites in a commercial or industrial area with multiple buildings. By adding the proposed definition and standards (stated below in this report) for these complexes, businesses will be encouraged to work together on joint monument signage where practical that would otherwise be considered off premises and prohibited by current code standards. 2. Added temporary event sign definition. Honorable Mayor, City Council, and Jennifer Levitt Zoning and Sign Code Update Workshop February 21, 2024 Page 6 of 12 ▪TEMPORARY EVENT SIGN: Any activity having a specific duration or the end of which is related to a specific action. Temporary events include such activities as: festivals, open houses, garage sales, sales, and athletic events. Finding: The current code does not differentiate between temporary signs and temporary event signs. The intent of adding this definition is to provide a definition for signs related specifically to events. By adding this definition and standards (stated below in this report) staff will be able to regulate temporary signs related to events such as festivals, open houses, garage sales, sales, and athletic events because all the events are based on a certain manner, time and place. Exceptions from Sign Permit Updates: 1. Added standards for noncommercial yard signs: ▪12-1-5B.7.c. Noncommercial Yard Signs: a) Maximum of 2 signs per property. b) Each sign may be no larger than 6 square feet. c) Signs may not be in the right of way. Finding: A noncommercial sign is a sign that is displayed for a limited period of time and does not contain commercial speech but promotes a message concerning political, religious, social, ideological, public service, or informational topics. The intent of defining these signs and adding standards allows for residents to place noncommercial speech signs within their yard, while also providing standards that promote public safety. 2. Added standards for temporary noncommercial event signs: ▪12-1-5B.7.d Temporary Noncommercial Event Signs such as garage/yard sales, community events, graduations, youth sports registration, and similar type signs. 1. The maximum size of signs shall be six square feet in area and no more than three feet in height. 2. The sign shall only be displayed no more than ten (10) days prior to the event and must be removed within 24 hours after the event is completed. 3. Signs shall not be located in the right of way. 4. Signs must be for event locations within the City of Cottage Grove. 5. The person responsible for the signs placement must have the permission of the property owner where the sign is erected. Finding: The intent of adding the above standards is to ensure equal enforcement of temporary noncommercial event signs. These types of signs relate to specific events and in order to be legal must meet the standards stated above which generally include specific end dates. 3. Scoreboards for public parks and public or private schools Honorable Mayor, City Council, and Jennifer Levitt Zoning and Sign Code Update Workshop February 21, 2024 Page 7 of 12 ▪12-1-5B.11. Scoreboards for public parks and public or private schools, provided that: 1. One scoreboard not exceeding 16 feet in height or 75 square feet in surface area is allowed per playing field, not including fields used only for practice. 2. One scoreboard not exceeding 35 feet in height or 500 square feet in area is allowed per park or school, provided that the information on the scoreboard is not visible from any adjacent public rights-of-way and provided that the scoreboard does not contain a video display panel. 3. No commercial speech shall be permitted on a scoreboard, except that an organ- ization sponsoring the scoreboard or facility may include identifying information within the area allowed for the scoreboard in a combined amount not to exceed 40 percent of the total scoreboard area. Finding: The sign code is currently silent on scoreboards. The proposed sign area is based on Park High School’s football field scoreboard and small scoreboards found at parks and schools. Staff added language to allow for sponsorship signage to be allowed on the score- board. Discussion: Staff is working to determine the appropriate square footage for scoreboards and is looking for City Council direction. Sign District Standards Updates In order to better align with the format of the zoning code and ensure clarity and readability, staff is proposing to have independent sign standards based on the four primary land uses (agriculture, residential, commercial, and industrial). Currently the sign code breaks the four primary land uses into two separate sections of standards: 1) Residential and Agricultural Districts 2) Business and Industrial Districts. The result of the current sign code format is difficult readability as some of the standards do not pertain to the specific sign district. Staff’s proposal to separate the land uses into their own sign district standards will result in standards that clearly pertain to the given district and ensure easier readability for residents, developers, and permit applicants. Furthermore, this will result in easier and equal enforcement of signs throughout the community. Listed below are the proposed changes to each of the primary land uses, which are broken into their own sign district. Unless noted specifically below, the remainder of the sign code standards are unchanged. 12-1-8 Agriculture District Sign Standards Updates: 1. Created standards and added a definition for farm identification signs. Finding: The current code provides standards for an area identification sign for both agri- cultural and residential properties. Staff has added a definition for a farm identification sign and provided standards for these signs that pertain to agricultural properties specifically. A farm identification sign identifies the farms or property owners name and is generally located by the driveway access to the farm. Honorable Mayor, City Council, and Jennifer Levitt Zoning and Sign Code Update Workshop February 21, 2024 Page 8 of 12 2. Created setback standards for monument signs specifically for places of worship, parks, schools, and other nonresidential buildings. The monument signs for these buildings shall be located at least three (3) feet from any property line and prohibited in public rights of way. 3. Removed the minimum lot size requirement for temporary signs. Finding: The current code requires that agricultural lots be a minimum of three (3) acres in size in order to receive a temporary sign permit. Staff has removed this acre minimum to better align with the temporary sign standards proposed for the other districts. 4. Require a temporary sign permit for all nonresidential temporary signs. Finding: The current code does not require temporary sign permits. Staff added this requirement for consistency between districts. 5. Permit temporary signs to be either securely fastened to poles on the property the business is located or attached to the principal structure. Finding: The current code only allows for temporary signs to be attached to the principal structure. Staff is proposing to allow temporary signs to be either fastened to poles on the same property the business is located or attached to the principal structure. Staff has found that specific events such as the Tank Farm corn sale and Vintage Snowmobile Show and Swap banners are attached to poles as no buildings are present on these sites. Discussion: Staff is looking for City Council direction on allowing banners to be hung between poles in the agricultural sign district. 6. Reduced the number of times a temporary sign permit can be issued per year to be con- sistent with the other sign districts. Finding: The current code allows for nine (9) temporary sign permits to be obtained per property within one calendar year. Staff is proposing to allow a property to obtain four (4) temporary sign permits within one calendar year. Each temporary sign permit is valid for a period of 15 days, which is unchanged from the previous code. Residential District Sign Standards Updates 1. Created setback standards for entrance monument signs: shall be located at least three (3) feet from any property line and prohibited in public rights of way. Finding: The current code is silent on setbacks for entrance monument signs. Staff is proposing to add a setback of three (3) feet from property lines in order to create a clear and equal standard. 2. Allow for wall signs on apartment buildings and create additional wall sign standards for the district. ▪12-1-9 C. Wall signs. 1. Area. Maximum allowable area of 70 square feet. 2. Location. Wall signs may be placed only on walls facing the street frontage. Honorable Mayor, City Council, and Jennifer Levitt Zoning and Sign Code Update Workshop February 21, 2024 Page 9 of 12 3. Lighting. Signs shall not be internally illuminated. Finding: The current code allows for wall signs on nonresidential buildings at a maximum of 50 square feet. Staff felt that apartment buildings should be included as long as they are not internally lit and are on walls with street frontage. 3. Included multi-family apartment buildings in the temporary sign standards. Finding: The current code requires residential lots be a minimum of three (3) acres in size in order to receive a temporary sign permit. Staff is proposing to allow properties with multi- family apartment buildings to receive a temporary sign permit. 4. Removed the minimum lot size requirement for multi-family and nonresidential temporary signs. Finding: The current code requires residential lots be a minimum of three (3) acres in size in order to receive a temporary sign permit. Staff is proposing to allow properties with multi- family apartment buildings and other nonresidential uses to be allowed to obtain a sign permit. 5. Permit temporary signs to be either securely fastened to poles on the property nonresiden- tial use is located or attached to the principal structure. Finding: The current code only allows for temporary signs to be attached to the principal structure. Staff is proposing to allow temporary signs to be either fastened to poles on the same property the business is located or attached to the principal structure. Discussion: Staff is looking for City Council direction on allowing banners to be hung between poles in the commercial districts. 6. Require a temporary sign permit for all multifamily and nonresidential temporary signs. Finding: The current code does not require temporary sign permits. Staff added this requirement for consistency between districts. 7. Reduced the number of times a nonresidential temporary sign permit can be issued per year to be consistent with the other sign districts. Finding: The current code allows for nine (9) temporary sign permits to be obtained per property within one calendar year. Staff is proposing to allow a property to obtain four (4) temporary sign permits within one calendar year. Each temporary sign permit is valid for a period of 15 days, which is unchanged from the previous code. Commercial District Sign Standards Updates 1. Removed pylon signs as a permitted sign type. Findings: The current code allows for pylon signs with standards that are difficult to attain. Over the years, Council has stated monument signs are more desirable from an aesthetic and public safety standpoint; therefore, staff is proposing removal of pylon signs as a permitted sign type. Honorable Mayor, City Council, and Jennifer Levitt Zoning and Sign Code Update Workshop February 21, 2024 Page 10 of 12 2. Added a provision for properties in a commercial building complex to choose to have a joint monument sign(s) with the businesses in the complex or choose to opt out of the joint monument sign and have their own monument sign within their property boundary. Findings: The current code requires a comprehensive sign plan be submitted and approved in order to have a joint monument sign. Staff is proposing to allow for businesses within a commercial complex to opt into a joint monument sign displaying the businesses within the complex or their own monument sign. This change results in businesses that are part of a complex but are not on the heavily trafficked street to have the same signage as the other businesses in the complex. In addition, the change also results in businesses not needing to secure separate comprehensive sign plan approvals. 3. Increased the height of all monument signs from 10 to 15 feet for consistency of previously proposed and approved monument signs in the community. Findings: Staff is proposing to increase the maximum height of monument signs to 15 feet. The increase in height will provide consistency between previously approved monu- ment signs and recently proposed monument signs within the community. 4. Added the provision that the base of the monument sign shall be constructed of Class I materials that compliment those used on the building(s) for which the sign is located. Findings: Current code does not have material requirements for bases of monument signs. Staff is proposing to require the base of a monument sign complement the principal structure and be constructed of Class I materials as listed in the architectural classifications table in Title 11. The proposed change would result in more aesthetically pleasing monu- ment signs throughout the community and clear standards for applicants and property owners. 5. Created setback standards for monument signs: shall be located at least three (3) feet from any property line and prohibited in public rights of way. Findings: The current code is silent on setbacks for monument signs. Staff is proposing to add a setback of three (3) feet from property lines in order to create a clear and equal standard. 6. Increased the number of days a temporary sign permit can be secured for a new business, reopening of an existing business, or store closing. Findings: The current code allows for a new business, reopening of an existing business, or store closing to display a temporary sign for no more than fifteen (15) days within a calendar year. Staff is proposing to increase the number of days from fifteen (15) to thirty (30) days. Industrial District Sign Standards Updates 1. Removed pylon signs as a permitted sign type. Findings: The current code allows for pylon signs with standards that are difficult to attain. Over the years, Council has stated monument signs are more desirable from an aesthetic Honorable Mayor, City Council, and Jennifer Levitt Zoning and Sign Code Update Workshop February 21, 2024 Page 11 of 12 and public safety standpoint; therefore, staff is proposing removal of pylon signs as a per- mitted sign type. 2. Added a provision for properties in an industrial building complex to choose to have a joint monument sign(s) with the businesses in the complex or choose to opt out of the joint monument sign and have their own monument sign. Findings: Similar to commercial signs, the current code requires a comprehensive sign plan be submitted and approved in order to have a joint monument sign. Staff is proposing to allow for users within an industrial complex to opt into a joint monument sign displaying the businesses within the complex or their own monument sign. This change results in businesses that are part of a multi-building development complex but are not on the heavily trafficked street to have the same signage as the other businesses in the complex. In addition, the change also results in businesses not needing to secure separate compre- hensive sign plan approvals. 3. Created setback standards for monument signs: shall be located at least three (3) feet from any property line and prohibited in public rights of way. Finding: The current code is silent on setbacks for monument signs. Staff is proposing to add a setback of three (3) feet from property lines in order to create a clear and equal standard. 4. Allow for internal site directional signs up to 12 square feet without a permit. Finding: The current code allows for directional signs up to four (4) feet in size without a permit. Staff is proposing to increase the maximum size of internal directional signs per- mitted without a permit to twelve (12) square feet in size. This increase in size better aligns with the built environment and proposed directional signs with today’s industrial develop- ment site sizes. 5. Reduced the number of building size sign categories from three to two and removed the minimum size requirement. Principal Structure Size (Gross Square Feet) Individual Wall Sign Calculation 100,001+ square feet 200 square feet Less than 100,000 square feet 150square feet Finding: The current code contains building size categories for buildings less than 20,000 square feet and had a maximum sign area of 100 square feet. Staff is proposing to remove this category and have two sign categories. The two proposed sign categories are based on the square footage of tenant space within industrial buildings. The result will create consistent and equal standards for buildings within the industrial districts. Furthermore, the two sign categories will result in uniformity and proportionate signs on industrial building walls. 6. Increased the number of days a temporary sign permit can be secured for a new business, reopening of an existing business, or store closing. Honorable Mayor, City Council, and Jennifer Levitt Zoning and Sign Code Update Workshop February 21, 2024 Page 12 of 12 Finding: The current code allows for a new business, reopening of an existing business, or store closing to display a temporary sign for no more than fifteen (15) days within a calendar year. Staff is proposing to increase the number of days from fifteen (15) to thirty (30) days. Discussion Staff is at the final stages of updating the code sections, both the zoning code and sign code however, additional discussion is required on several proposed amendments as outlined above. Below is the anticipated timeline for review and approvals. •February 21 – Workshop with City Council to discuss code updates and receive feedback •March 25 – Planning Commission public hearing •April 3 - City Council – Zoning code and sign code adoption Attachments Draft Sign Code 1 DRAFT SIGN REGULATIONS SECTION: 12-1-1: Title 12-1-2: Findings, Purpose and Intent 12-1-3: Definitions 12-1-4: General Requirements 12-1-5 Permit Requirements 12-1-6: Prohibited Signs 12-1-7: Design Standards 12-1-8: Signs in Agricultural Districts 12-1-9: Signs in Residential Districts 12-1-10: Signs in Business Districts 12-1-11: Signs in Industrial Districts 12-1-13: Miscellaneous Sign Provisions 12-1-1: TITLE: This Title shall be known, cited and referred to as the Cottage Grove Sign Regulations Ordinance, except as referred to herein, where it shall be known as “this Title”. 12-1-2: FINDINGS, PURPOSE AND INTENT: A.Findings, Purpose and Intent: 1.Findings. The City Council hereby finds as follows: 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 public safety hazards, aesthetic concerns and detriments to property values, that threaten the public health, safety, or welfare. d)The regulation of signs within the city has had a positive impact on traffic safety and the appearance of the community. e)The City Code includes the regulation of signs in an effort to provide an adequate means of expression and to promote the economic viability of theDRAFT 2 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 regulations of the physical characteristics of signs within the City have had a positive impact on traffic safety and the appearance of the community. 2. Purpose and Intent. It is not the purpose of this Title to regulate the message displayed on any sign; nor is it the purpose of this Title 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 of this chapter 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. 3. Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City’s goals of public safety and aesthetics. It is the intent of the chapter to authorize the use of signs which: a) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this Section. b) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment, community aesthetics, and the public health, safety and welfare. c) Eliminate confusing, distracting, or dangerous signs that interfere with vehicular traffic. d) Promote and encourage commerce. e) Provide fair and equal treatment of signage. B. Diagrams. 1. The inclusion of diagrams in this text is for illustrative purposes only. Where a diagram conflicts with the written text, the text shall prevail. C. Substitution. 1. The owner of any sign that 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 permitting. 2. The purpose of this "substitution" provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular DRAFT 3 noncommercial speech over any other noncommercial speech. This provision prevails over any more specific provision to the contrary. 12-1-3: DEFINITIONS: Definitions: The following words, terms and phrases when used in this Title shall have the meanings ascribed to them in this Section except where the context clearly indicates a different meaning. ABANDONED SIGN: Any sign and/or its supporting sign structure that remains without a message or whose display surface remains blank for more than one year or that pertains to a time, event, or purpose that no longer applies. Abandoned signs are not legally established nonconforming signs. ADDRESS SIGN: A sign on a building displaying numbers only, whether written or in numeric form, used for proper identification of the location of the building. ALTERATION: Any major change to a sign excluding routine maintenance, painting, or changing of copy of an existing sign. AWNING: A roof like cover, often of fabric, plastic, metal, or glass, designed and intended for protection from the weather or as a decorative embellishment that projects from a wall or roof of any structure primarily over a window, door, wall, or the like. BANNER: A temporary sign made of lightweight fabric or similar material either securely fastened to poles or on the exterior of a building. BEACON/SPOTLIGHT: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. BENCH SIGN: A sign which is affixed or painted to a bench. BUILDING HEIGHT: The vertical distance from the average elevation of the adjoining ground level, or the established grade adjacent to the building, whichever is lower, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, the uppermost point on a round or other arch type roof, or to the highest gable on a pitched or hip roof. BUILDING MARKER: Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material. BUSINESS: Any establishment, occupation, employment, or enterprise wherein merchandise is manufactured, exhibited, or sold or which occupies time, attention, labor, and materials or where services are offered for compensation. CANOPY: A roof like structure projecting over a doorway. CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A "changeable copy sign" shall also include reader board signs. DRAFT 4 COMMEMORATIVE OR MEMORIAL SIGN: A sign, tablet, or plaque commemorating or memorializing a person, event, structure, or site. COMMERCIAL OR INDUSTRIAL SHOPPING AREA OR BUILDING COMPLEX: A development of industrial or commercial buildings, tenants, or uses, in close proximity that are intended to function in a joint manner, regardless of sequence of build-out. Characteristics of a shopping area or building complex may include, but are not limited to, shared parking facilities, joint access, and common building design. A shopping area or building complex may include multiple tenants or multiple owners, freestanding pad buildings, and may be situated on one or more lots or parcels or other factors as determined by City Staff. COMMERCIAL SPEECH: Speech that is advertising a business, profession, commodity, service, or entertainment. COPY AND GRAPHIC: The wording and other display messages such as logos or symbols on a sign. COPY AND GRAPHIC AREA: The area contained within a rectangle or square drawn completely around the display surface which encloses the copy and graphic of a sign. DIRECTIONAL SIGN: A sign erected on public or private property which is designated to guide vehicular or pedestrian traffic. DISTRICT: A specific zoning district as defined in City Code Title 11. DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink", video display, or any other method or technology that allows the sign face to present a series of images or displays. ENTRANCE MONUMENT SIGN: A sign which identifies the name of a neighborhood, a residential subdivision, a multi- family complex consisting of three (3) or more structures or ten (10) or more units, a commercial development consisting of three (3) or more separate structures, a shopping center area, an industrial area consisting of three (3) or more structures or any combination of the above, which does not specifically identify the individual business therein. ERECT: The activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing, or any other way of bringing in to being or establishing. FACADE: Is a portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation FARM IDENTIFICATION SIGN. A sign which identifies or otherwise describes the name, ownership and/or type of agricultural operation of the lot or parcel of land upon which it is situated. FLAG: Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and that contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices. DRAFT 5 FLASHING SIGN: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement or any mode of lighting which resembles zooming, twinkling, or sparkling.. FREESTANDING SIGN: A sign that is placed in the ground and not affixed to any part of a structure or building. FRONTAGE: For purposes of this Chapter, the front side of a building or tenant space facing the public right of way. GOVERNMENTAL SIGN: A sign which is erected by a governmental unit for the purposes of identification, information, or directing or guiding traffic. GRADE: For the purposes of this Chapter, the elevation or level of the ground at the place the sign is to be erected. GROSS SIGN AREA CALCULATION: The method of calculating the allowable square footage of signs shall be as follows: A. Individual Letters or Figures: When attached onto a surface such as a building, canopy, wall, or awning, the area shall be the smallest rectangle that encompasses all of the letters or symbols unless the letters and/or symbols are separated by two feet (2') or more in length, in which case the letter(s) and symbol(s) area shall be calculated separately and added together. B. Monument Signs: The smallest rectangle, square, circle, triangle, or combination thereof that will encompass the entire area of the sign face, including all lettering, wording, and accompanying designs and symbols, together with all the background, whether open or enclosed, on which they are displayed and in no case passing through or between elements of such sign. The area shall not include the main supporting sign structure but shall include other ornamental attachments that are not a part of the main support of the sign. DRAFT 6 C. Wall Signs: The smallest rectangle, square, circle, triangle, or combination thereof that will encompass the entire area of the frame, including all lettering, wording, and accompanying designs and symbols, together with all the background, whether open or enclosed, on which they are displayed and in no case passing through or between elements of such sign. The area shall not include the main supporting sign structure but shall include other ornamental attachments that are not a part of the main support of the sign. Letter(s) and symbol(s) separated by two feet (2') or more in length shall be calculated separately and added together. DRAFT 7 HEIGHT: The vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign. IDENTIFICATION SIGN: Any sign which states the name or address or both of identifies the business or occupant of the lot or building where the sign is placed and may be a directory business or occupants. ILLEGAL SIGN: A sign that is erected without first complying with all City ordinances and regulations in effect at the time of its construction and erection or use. ILLUMINATED SIGN: Any sign that contains an element designated to emanate artificial light internally or externally. INCIDENTAL SIGN: Incidental signs or signs within a building provided that the sign is not readily visible from the public right-of-way, adjacent properties, and are not illuminated. INFLATABLE SIGN: An inflatable sign means any object enlarged or inflated over 24 inches that floats, is tethered in the air, or is located on the ground or on a building with or without copy or other graphics. INFORMATIONAL SIGN: Any sign erected for the safety or convenience of the public to provide information or wayfinding and other signs that do not promote or contain advertising or identification of a business, property, or product. LEGAL NONCONFORMING SIGN: A sign which lawfully existed prior to the passage of the ordinance codified in this Chapter or amendments thereto but which does not conform to this Chapter. DRAFT 8 LEGALLY ESTABLISHED NONCONFORMING SIGNS: Any sign and its support structure lawfully erected prior to the effective date of any provision of this Chapter that fails to conform to the requirements of this Chapter. LOGO: A symbol, image, insignia, word, word abbreviation, or initials which are designed for easy recognition, and which represents or identifies in graphic form, a nation or organization of nation; businesses; states or cities; or fraternal, religious and civic organizations or any educational institutions, irrespective of whether they are made of permanent, semipermanent, or temporary materials. MENU BOARD SIGN: A freestanding exterior sign adjacent to the drive-through lane at a drive- through facility that identifies items for sale at the facility and their associated prices for customers. MERCHANDISE SIGN: A temporary A-frame or sandwich board style sign advertising merchandise or services displayed outside an enclosed building. MONUMENT SIGN: A freestanding sign independent from any building or other structure that is mounted on the ground or mounted on a base that is at least as wide as the sign, but in no event shall the base exceed one hundred fifty percent (150%) of the greatest width of the sign. A monument sign is typically solid from grade to the top of the structure; however, a monument sign may include open area below the face of the sign if the sign complies with the monument sign supporting sign structure design criteria. MOTION SIGN: Any sign which revolves, rotates, has any moving parts, or gives the illusion of motion including animated or flashing signs. MURAL: A work of graphic art painted on a building wall, which contains no commercial advertising or logos and which does not serve to advertise or promote any business, product, activity, service, interest, or entertainment. NONCOMMERCIAL FLAG: Any flag other than a business or commercial flag, including, without limitation, a flag of any governmental, religious, charitable, fraternal, or political organization or cause. NONCOMMERCIAL SIGN: A sign that does not contain commercial speech but promotes a message concerning political, religious, social, ideological, public service, or informational topics. OBSOLETE SIGN: Any sign which no longer advertises a bona fide business conducted or products sold at that location or premises where the sign is located. OFF PREMISES SIGN: A sign bearing commercial speech that is located on a property that is not the premises, property, or site of the use identified or advertised on the sign. ON PREMISES SIGN: A sign bearing commercial speech that is located on the premises, property, or site of the use identified or advertised on the sign. PARAPET: The portion of the building wall that rises above the roof level PENNANT: Pieces of cloth, paper, or plastic intended to be individually supported or attached to each other by means of rope, string or other material, and intended to be hung on buildings or other structures or between poles that does not include any company logo or other form of corporate identity. PERMANENT SIGN: Any sign which is not a temporary sign. DRAFT 9 PROJECTING SIGN: A sign other than a wall sign which is affixed to a building, and which extends perpendicular from the building wall. PYLON SIGN: A sign supported by a post or posts so that the sign and supports are finished to grade and the post or posts are encased in a material consistent with the sign. READER BOARD: A sign where the message is changeable but does not change automatically. REAL ESTATE DEVELOPMENT SIGN: A sign placed on the premises of a subdivision or other real estate development related to the subdivision or real estate development. REAL ESTATE SIGN: A sign placed upon a property advertising that particular property for sale, rent, or lease. RIGHT OF WAY: A public right of way, intended for vehicular traffic, including freeways, expressways, arterials, parkways, thoroughfares, collector streets, local streets, cul-de-sacs, access streets, avenues, boulevards, lanes, and other public ways, as now or hereafter designated. ROOF SIGN: A sign erected on the roof or above the roof line of a building or a sign painted on or attached directly to the roof. ROOFLINE: The uppermost line of the roof of a building or in the case of an extended facade, the uppermost height of such facade. SIGN: Any letter, word, symbol, device, poster, picture, reading matter, or representation in an advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, which is displayed outdoors for informational, corporate identification, or communicative attention-getting purposes and is visible to the general public. SIGN STRUCTURE: The supports, uprights, raceway, bracing, and framework for a sign, including the sign area. STREET FRONTAGE: The proximity of a parcel of land to one or more streets. An interior lot has one street frontage, and a corner lot has two (2) frontages. TEMPORARY SIGN: Any sign which is erected or displayed for a limited period of time, including signs affixed or attached to vehicles, including trailers, and capable of being readily removable. TEMPORARY EVENT SIGN: Any activity having a specific duration or the end of which is related to a specific action. Temporary events include such activities as: festivals, open houses, garage sales, sales and athletic events. TOTAL SIGNAGE SQUARE FOOTAGE CALCULATION: The square footage of every sign on the exterior of any building on the property, or visible from public property, unless explicitly exempted by this Section, shall count towards the total signage square footage calculation. UNSAFE SIGN: Any sign that is out of order, in disrepair, rotten, hazardous, or in any other manner unsafe. WALL SIGN: A sign which is affixed to the exterior wall of a building, and which is parallel to the building wall, and which does not project more than twelve inches (12") from the surface to which it is attached, nor extend beyond the top of the parapet wall. WINDOW SIGN: Any sign, pictures, symbol, attention-getting device or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or DRAFT 10 service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. 12-1-4 GENERAL REQUIREMENTS A. Consent of property owner. 1. No person may erect, place, use or permit the use of any permanent sign or sign structure on private or public property without the property owner or authorized representative’s written consent. 2. No person may construct, erect, place, use, or permit the use of any temporary sign on private or public property without the property owner or authorized representative’s written consent. B. Any sign not exempted from the requirements of obtaining a sign permit by 12-1-5 (B) must obtain a sign permit pursuant to 12-1-5 (A). C. No person may erect or construct a sign on a site that contains unlawful signs. D. No sign may be installed in a manner that obstructs the clear vision of streets, or that may be confused with a traffic control sign, signal, or device. 12-1-5: PERMIT REQUIREMENTS: A. Sign Permit Requirements: All signs must be constructed in accordance with all applicable City Code provisions, including requirements for obtaining permits and payment of required fees. No sign, unless exempted by this Section, shall be erected, altered, reconstructed, or moved in the City without first securing a permit from the City. 1. Application for Permit: The following information shall be submitted within or along with the permit application for a sign: a) Contact information of person making application and owning the sign and property where the sign will be erected (if different). b) A site plan drawn to scale showing the location of lot lines, buildings, structures, tenant leased wall area if applicable, parking areas, existing and proposed signs, and any other physical features of the property where the sign will be located. c) Plans shall indicate the proposed location, specifications, number of signs and their dimensions and square footage, and method of construction and attachment to the building or placement method in the ground. d) Diagrams for illustrative purposes. Locations, sizes or heights of signs depicted on site plans or other drawings submitted with any planning application shall be for illustrative purposes only. The construction of each sign shall meet the requirements of the sign ordinance unless the conditions of approval for a planned unit development provide otherwise. e) Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount DRAFT 11 required by City Code and all other state or federal laws, if requested by City Staff. f) Written consent of the owner or lessee of any site on which the sign is to be erected if the applicant is not the owner of the property. g) Other information as determined by City Staff to show full compliance with this Title and all other state or federal laws and ordinances of the City. 2. Administration: Sign permits are approved by City Staff. Any appeal of a City Staff determination shall follow the procedures described in City Code Section Title 11, Chapter 2, Section 13 (11-2-13). B. Exceptions: No permit is required for the following signs which are permissible in all zoning districts. The following signs shall conform to all the other provisions of this Title or City Code. These signs shall not count towards the Total Signage Square Footage Calculation. 1. Address Signs: Address signs not exceeding three (3) square feet for single family residential properties and six (6) square feet for multi-family, industrial, or commercial properties. 2. Building Markers: Building markers not exceeding four (4) square feet. 3. Construction Sites: At the site of new construction for development temporary signs are permitted in accordance with the following: a) One freestanding temporary sign is permitted, provided it complies with the following: i. The sign is no larger than thirty-two (32) square feet and does not exceed more than eight feet (8') in height. ii. The sign must be located on the property under development. iii. The sign shall be set back at least twenty feet (20') from all property lines. iv. The sign shall be removed when ninety percent (90%) of the construction in the development is completed. b) Subdivision model homes are permitted three (3) temporary directional signs for each model home, provided they comply with the following: i. Sign(s) may be no more than twenty-four inches by twenty-four inches (24" x 24") in size. ii. Signs must be located within the developing subdivision. iii. Signs may not be closer than fifteen feet (15') to the back of the curb nor closer than two feet (2') to any sidewalk or trail. iv. Signs shall not be located in the Right of Way. v. Sign(s) shall be removed when ninety percent (90%) of the construction in the development is completed. 4. Incidental Signs. DRAFT 12 5. Informational and Directional Signs: Informational and directional signs posted onsite, provided the signs conform to the following: a) Number. i. One directional sign is allowed for each vehicle entrance or exit to any non-residential or multi-family building. ii. Additional directional signs may be allowed if a need is demonstrated for proper traffic flow. b) Area. The area of each sign shall not exceed six square feet. c) Height. The height of the sign including the pole or base shall not exceed four feet from grade to the top of the sign. d) Location. i. The sign shall be setback from any property line at least five (5) feet. ii. Multi-tenant developments and uses on lots exceeding 50,000 square feet in area may display internal site directional signs. Such directional signs shall be located within 10 feet of an internal site driveway or drive aisle and may not exceed 8 square feet in area or 6 feet in height. iii. The sign shall not be located so as to impair the vision of the driver of a vehicle and shall not be located in the clear view triangle. 6. Merchandise Signs: Merchandise signs in accordance with the following: a) Must be located within twenty feet (20') from the main entrance of the business or service being advertised. b) Must be removed at the end of each business day. c) May be no larger than six (6) square feet in size per side. d) Merchandise signs in the public right of way or public easements are prohibited. 7. Signs that exclusively express noncommercial speech, subject to the following: a) Noncommercial flags and commercial flags. i. Flagpoles shall be no taller than 10 feet above the highest point of the tallest building on the lot or site, maintain a side and rear yard setback not less than the height of the flagpole, and be setback a minimum of 15 feet from any public right-of-way. b) Noncommercial Signs during Election Season: i. In a state general election year, all noncommercial signs of any size may be posted in any number within or outside the public right of way on private property from forty-six (46) days before the state primary in a state general election year until ten (10) days following the state general election. Noncommercial signs may be placed in DRAFT 13 a City right of way on private property only if they are located more than ten feet (10') from the back of the curb or more than two feet (2') from the edge of a sidewalk or trail, whichever is farthest from the street curb and/or mounted on the face of a fence if the fence is less than ten feet (10') from the back edge of the street curb or less than two feet (2') from the edge of a sidewalk or trail. ii. If there is a primary for any office in a year that is not a state general election year, noncommercial signs may be posted within or outside the public right of way on private property twenty-one (21) days before the primary election. When there is no primary, noncommercial signs may be posted twenty-one (21) days before the general election. iii. All noncommercial signs except those otherwise permitted by this Chapter must be removed within ten (10) days following the general election. iv. The City of Cottage Grove shall not be responsible for damage to any signs placed in the right-of-way. c) Temporary Noncommercial Yard Signs: i. Maximum of 2 signs per property. ii. Each sign may be no larger than 6 square feet. iii. Signs may not be in the right of way. d) Temporary Noncommercial Event Signs such as garage/yard sales, community events, graduations, youth sports registration, and similar type signs. i. Three off-site signs relating to the sale are allowed. ii. The maximum size of signs shall be six square feet in area and no more than three feet in height. iii. The sign shall only be displayed two days prior to the event and must be removed when the event is completed. iv. Signs shall be at least five feet from the curb or shoulder of the road. v. Signs must be for event locations within the City of Cottage Grove. vi. Signs shall include days/dates of event. vii. The person responsible for the signs placement must have the permission of the property owner where the sign is erected. viii. The City of Cottage Grove shall not be held responsible for any damage to signs placed within the right of way. 8. Official Government Flags/Emblems: Official government flags and emblems. 9. Public Notices or Signs Required: Official public notices or signs required by local, state, or federal regulations and all governmental signs, including, but not limited DRAFT 14 to, traffic control and other regulatory purpose signs, street signs, informational signs, utility signs, danger signs, and railroad crossing signs. 10. On properties that are for sale or lease temporary signs are allowed subject to the following regulations: a) One sign per street frontage is permitted in residential districts. b) In residential districts, signs must not exceed six (6) square feet in area and six feet (6') in height. c) Permitted as window signs as long as they do not exceed forty percent (40%) of total window area in commercial or industrial districts. d) In nonresidential districts, one freestanding sign per street frontage with a maximum height of eight feet (8') and no larger than thirty-two (32) square feet is permitted. e) Real estate signs must be removed within seven (7) days following lease or sale closing. 11. Scoreboards for public parks and public or private schools, provided that: a) One scoreboard not exceeding 16 feet in height or 75 square feet in surface area is allowed per playing field, not including fields used only for practice. b) One scoreboard not exceeding 32 feet in height or 550 square feet in area is allowed per park or school, provided that the information on the scoreboard is not visible from any adjacent public rights-of-way and provided that the scoreboard does not contain a video display panel. c) No commercial speech shall be permitted on a scoreboard, except that an organization sponsoring the scoreboard or facility may include identifying information within the area allowed for the scoreboard in a combined amount not to exceed 40 percent of the total scoreboard area. 12. Window Signs: Window signs placed within a building and within view of the general public cannot obstruct more than thirty-three percent (33%) of the window and no more than 75 square feet of street frontage. Window signs shall conform to the following standards: a) The window signage area shall be determined by measuring a box around each group of characters, objects, images, logos, and any background to the objects, images, and logos. b) Hours of operation and "open"/"closed" signs shall not be included in window sign area calculation. Signs shall remain static and not flashing. c) Window signs may be illuminated during hours of operation. 12-1-6: PROHIBITED SIGNS: A. Prohibited Signs: The following signs are specifically prohibited in any district: DRAFT 15 1. Motion signs, including rotating, animated, and flashing signs other than dynamic display signs as permitted elsewhere in this chapter. 2. Roof Signs 3. Signs Painted on windows and walls and other structures. 4. Obsolete or Abandoned Signs. 5. Illegal signs and illegal nonconforming signs. 6. Signs Attached to Utility Poles, Streetlights, Towers, Trees, Fences, Rocks, or Other Similar Natural Surfaces. 7. Searchlights or beacons. 8. No person shall display, place, erect, post, maintain, install, affix a sign on any portion of a pedestrian bridge or overpass that passes over a freeway or a controlled access highway. 9. No sign shall be permitted that is a hazard to the public health, safety, convenience, or general welfare. 10. Benches and Bus Shelter Signs: Signs on bus shelters and bus benches are prohibited. 11. Off premises signs. 12. On corner lots, no signs are permitted within a clear view triangle. The clear view triangle is that area that begins at the intersection of the front property line and corner side property line and is measured back ten feet (10') along both property lines. Those points are then connected with a straight line. DRAFT 16 13. No sign shall contain any obscene matter as defined by Minnesota Statutes Section 617.241. 14. Pennants or feather flags. 15. Inflatable signs. 16. Pylon signs. 17. Signs that obstruct windows, doors, fire escapes, or an opening intended to provide ingress or egress to any structure or building. 18. Signs that appear in color or design to resemble a traffic sign or signal or that make use of words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic. 12-1-7: DESIGN STANDARDS: A. Color of Signs: All signs which have their backs visible to public view shall have such backs painted in a neutral color compatible with the background against which they are set. B. Signs Affixed Flat Against Building Walls: No sign affixed flat against a building wall shall extend beyond any edge of such wall, nor shall any such sign extrude more than twelve inches (12") from the wall. C. Changing Copy of Sign: The changing of the copy or message of a painted, plastic face, or printed sign is permitted without a permit provided that there is no change in the size, shape, or lighting of the sign. DRAFT 17 D. Compliance with Building and Electrical Code: All signs shall comply with all applicable provisions of the building code and, if applicable, electrical code. E. Approval of Property Owner: No sign shall be placed on any property without the approval of the property owner. F. Height Above Public Ways: Except for necessary poles, uprights, pedestals, and other support structure elements, no portion of any sign located over a public right of way shall be less than eight feet (8') above grade level, except for signs that are designed such that they present no hazard to pedestrians or vehicles. G. Illuminated Signs: 1. Illuminated signs lighted by any means, whether as an integral part of the sign or a light away from the sign, such as floodlights, shall be governed as follows: a) Any combination of signs or light sources which cast a light on a public street shall not exceed one foot-candle (foot-candle meter reading) as measured at the property line. b) Any combination of signs or lights which cast light on property zoned for residential use shall not exceed five-tenths (0.5) of a foot candle (foot- candle meter reading) as measured at the property line of such residential property. c) In no instance shall exposed light bulbs be utilized to light signs, property, or merchandise. The lights shall be hooded or controlled in some manner so as to direct light away from public streets or adjacent or nearby property. d) The illumination source shall not be placed so as to cause or create a traffic hazard or to conflict with traffic control signs or lights. e) The illumination electrical power supply, wiring, and conduits must not be visible on the exterior of the sign. 2. The illumination of building facades and landscaping with architectural lighting shall be permitted when properly maintained. H. Dynamic Display Signs: 1. Permitted Locations: a) On wall or monument signs located: i. On properties located in any business or industrial zoning district. ii. On properties with a conditional use permit for religious or institutional use in any zoning district. iii. On government buildings or sites located in any zoning district. 2. Prohibited Locations: a) On pylon signs. b) As window signs. c) As portable signs. DRAFT 18 d) On rooftops. e) In residential and agricultural districts, except as allowed in section 12-1- 7(H). 3. Setback Requirements: Ten feet (10') from edge of sign to any property line. 4. Dynamic Display Size: a) Twenty-four (24) square feet maximum per property. b) Included in total wall and monument signage square footage calculations. 5. Dynamic display images shall be static. 6. Dynamic Display Transition: Scrolling, the appearance of motion, flashing, animation, motion video, and similar transitions are prohibited. 7. Dynamic Display Frequency: One hour minimum between changes in display transition. Emergency notifications or alerts posted on government signs are exempt from this Section. I. Menu Board Signs for fast food restaurant uses. Drive-through menu board signs are allowed for restaurants with a drive through window provided the requirements in this section are met. 1 Location: All drive-through menu board signs shall be single sided and located adjacent to the drive-through lane and shall not be located in any required setback. Menu boards signs may be affixed to the building. 2 Height: A drive-through menu board sign shall not exceed eight (8) feet above grade in height. 3 Size: A drive-through menu board sign shall not exceed forty (40) square feet. 4 Number: Up to two drive-through menu board signs are permitted per drive- through lane. The total surface area of the two signs shall not exceed forty (40) square feet. 5 A Drive-through menu board signs shall comply with the following standards: a) The images, colors, and text may not change more than five (5) times per day; b) All images, colors, and text shall be static with no flashing, scrolling, or animation; c) At any time, the business or drive-through is closed to the public, any Drive- through menu board sign shall be turned off until the business or drive- through is open to the public; d) Signs with speakers or intercoms shall be designed and located in a manner to direct noise away from adjoining properties. Speaker noise shall not be audible to adjacent residential properties; and e) The sign(s) shall not be located as to impair the vision of the driver of a vehicle traveling either into, out of, or through the drive-through lane. DRAFT 19 J. Projecting Signs: Permitted only in business and industrial districts, subject to the following restrictions: 1. The maximum sign area shall be twenty (20) square feet per building face. 2. Not less than eight feet (8') of clearance shall be provided between the sidewalk elevation and the lowest point of the projecting sign. 3. Signs shall project from the face of the building no more than the lesser of one- third (1/3) of the sidewalk width or four feet (4'). Sidewalk width shall be measured perpendicular from the face of the building at the proposed sign location. 12-1-8: SIGNS IN AGRICULTURAL DISTRICTS A. Farm Identification Sign: 1. Shall be Located at Entrance 2. Located on Private Property: Shall be located at least three (3) feet from any property line and prohibited on public rights of way. 3. One sign no more than twenty-five (25) square feet 4. Maximum Height: The maximum height of a farm area identification sign shall be ten feet (10'). 5. Does not require a permit. B. Monument Signs for Places of Worship, Parks, Schools, and Other Nonresidential Buildings: 1. Number: One monument sign with a building permit. 2. Size. Sign shall not exceed a total of fifty (50) square feet and shall not exceed a height of ten feet (10'). 3. Location. Signs shall be located at least three (3) feet from any property line and prohibited on public rights of way. 4. Design: The base of the monument sign shall be constructed of class I materials that compliment those used on the building(s) for which the sign is located. 5. In addition to monument signage, wall signage is permitted provided that the wall sign area shall not exceed fifty (50) square feet. C. Temporary Signs for Places of Worship, Parks, Schools, and Other Nonresidential Buildings: 1. A maximum of four (4) temporary sign permits may be issued per calendar year for up to fifteen (15) days each. The temporary sign must be in the form of a weatherproof banner no larger than thirty-two (32) square feet in size. 2. Location: Securely fastened to pole on the property the business is located or attached to the principal structure. 3. Signs shall be setback a minimum of 25 feet from the edge of the road. DRAFT 20 4. Removal After Expiration of Permit: On premises temporary signs must be removed within twenty-four (24) hours after the expiration of the permit. 5. Temporary sign permit required. 12-1-9: SIGNS IN RESIDENTIAL DISTRICTS A. Entrance Monument Sign: 1. Located at Entrance: Shall be located at the entrance to the project or subdivision. 2. Located on Private Property: Shall be located at least three (3) feet from any property line and prohibited on public rights of way. 3. Maximum Permitted: A maximum of two (2) entrance monuments no more than twenty-five (25) square feet per sign, may be permitted at each project entrance or subdivision entrance. Two (2) signs are permitted at each project entrance only to create a gateway effect at opposite corners of the entrance to the project. Wall signage is permitted provided that the wall sign area shall not exceed fifty (50) square feet. 4. Maximum Height: The maximum height of an entrance monument sign shall be ten feet (10'). 5. Multiple-Family Buildings: A multiple-family complex consisting of three (3) or more structures or ten (10) or more units shall be allowed an entrance monument sign not to exceed fifty (50) square feet. The base of the monument sign shall be constructed of class I materials that compliment those used on the building(s) for which the sign is located. B. Monument Sign for Places of Worship, Parks, Schools, and Other Nonresidential Buildings: Are permitted one monument sign upon their property with a building permit and shall meet the following standards. 1. Size. Sign shall not exceed a total of fifty (50) square feet and shall not exceed a height of ten feet (10'). 2. Location. Signs shall be located at least three (3) feet from any property line and prohibited on public rights of way. 3. Design: The base of the monument sign shall be constructed of class I materials that compliment those used on the building(s) for which the sign is located. 4. In addition to monument signage, wall signage is permitted provided that the wall sign area shall not exceed fifty (50) square feet. C. Wall signs. 1. Area. maximum allowable area of 70 square feet. 2. Location. Wall signs may be placed only on walls facing the street frontage. 3. Lighting. Signs shall not be internally illuminated. D. Temporary Sign for Multi-family, Places of Worship, Parks, Schools, and Other Nonresidential Buildings: DRAFT 21 1. A maximum of four (4) temporary sign permits may be issued per calendar year for up to fifteen (15) days each. The temporary sign must be in the form of a weatherproof banner no larger than thirty-two (32) square feet in size. 2. New places of worship, parks, schools, and other nonresidential may have one temporary sign permit per calendar year shall be issued for no more than thirty (30) days. 3. Removal After Expiration of Permit: On premises temporary signs must be removed within twenty-four (24) hours after the expiration of the permit. 4. Location. Securely fastened to poles on the property the nonresidential use is located or attached to the principal structure. 5. Temporary sign permit required. 12-1-10: SIGNS IN BUSINESS DISTRICTS A. Monument Sign: 1. Number of Signs: One (1) on premises monument sign shall be permitted on each separate property. 2. The properties in a commercial building complex may choose to have a joint monument sign(s) or the businesses in the complex or may choose to opt out of the joint monument sign and have their own monument sign. 3. Location: a) Monument signs shall be no closer than seventy-five feet (75') to another monument sign. b) No monument sign shall be erected within the clear view triangle. c) Must be at least three (3) feet from all property lines and shall not be in the right-of-way. 4. Size: a) The size of a monument sign is determined by the gross square footage of the principal structure located on the property: Principal Structure (Gross Square Feet) Monument Height Copy And Graphic (Square Feet) Greater than 100,000 15 feet 100 20,001 - 100,000 15 feet 90 Less than 20,000 15 feet 70 b) The size of a joint monument sign for a commercial building complex shall be no greater than 15 feet in height and 150 square feet for total copy and graphic area. DRAFT 22 5. Design: The base of the monument sign shall be constructed of class I materials that compliment those used on the building(s) for which the sign is located. 6. Wall Signs: a) The following table indicates maximum wall signage permitted per tenant wall: Principal Structure Size (Gross Square Feet) Individual Wall Sign Calculation 100,001 - 400,000 square feet 200 square feet or 1.25 square feet of sign per linear foot of the tenant frontage, whichever is less 20,001 - 100,000 square feet 150 square feet or 1.25 square feet of sign per linear foot of the tenant frontage, whichever is less Less than 20,000 square feet 100 square feet or 1.25 square feet of sign per linear foot of the tenant frontage, whichever is less a. Each exterior wall of each tenant frontage shall be calculated separately using the wall sign calculation above to determine the amount of wall signage allowed for that exterior wall. b. Wall signage is limited to a maximum of 3 sides of a principal structure. c. Each tenant's wall sign on a multi-tenant building shall not extend closer than two feet (2') from the tenant's lease line. d. Tenant’s wall sign shall be individually mounted letters or located on a raceway that is consistent in color with the wall facade. A box sign may be used as needed to incorporate the tenant logo. e. Cabinet style wall signs shall be internally illuminated. The light source shall be entirely enclosed within the sign. f. Wall signs shall not extend above the roofline of any principal building. g. Sign changeouts require repair to holes or other wall markings left and painting to match tenant wall facade color. 7. Awnings, Canopies, Marquees: 1. Signs on awnings, marquees, and canopies shall be considered wall signs under the terms of this Section and subject to the regulations for said signs. a) Copy or graphics on awnings, canopies, or marquees shall be considered as part of the individual wall area calculation. b) An awning may be designated as a sign area as an addition to a sign on the building facade, provided the awning signage does not exceed the total sign area allowed. c) The sign displayed on the awning shall not be more than forty percent (40%) of the awning's principal face. DRAFT 23 8. On Premises Temporary Signs: Temporary signs may be erected and maintained in the city only in compliance with this sign code, and with the following additional provisions: 1. Existing Business: A maximum of four (4) temporary sign permits may be issued to each business per calendar year for up to fifteen (15) days each. The temporary sign must be in the form of a weatherproof banner no larger than thirty-two (32) square feet in size. 2. New Business or Reopening of an Existing Business or Store Closing: One temporary sign permit per calendar year shall be issued for no more than thirty (30) days. 3. Removal After Expiration of Permit: On premises temporary signs must be removed within twenty-four (24) hours after the expiration of the permit. 4. Location. Securely fastened to pole on the property the business is located or attached to the principal structure. 5. Temporary sign permit required. 12-1-11: SIGNS IN INDUSTRIAL DISTRICTS A. Monument Sign: 1. Number of Signs: One (1) on premises monument sign shall be permitted at each public road access point. 2. An industrial building complex may choose to have joint monument sign(s) for the businesses in the complex or may choose to allow each parcel to have its own monument sign, or a combination of both. The monument sign or signs may be permitted on any parcel within the complex. 3. Location: a) Monument signs shall be no closer than seventy-five feet (75') to another monument sign. b) No monument sign shall be erected within the clear view triangle. 4. Size: a) The size of a monument sign is determined by the gross square footage of the principal structure located on the property: Principal Structure (Gross Square Feet) Monument Height Copy And Graphic (Square Feet) Greater than 100,000 15 feet 100 20,001 - 100,000 15 feet 90 Less than 20,000 15 feet 70 DRAFT 24 5. Design: The base of the monument sign shall be constructed of class I materials that compliment those used on the building(s) for which the sign is located or advertising. 6. Internal Directional signage: Shall be permitted without a permit up to 12 sq ft per sign and shall not count towards signage allowance. B. Wall Signs: 1. The following table indicates maximum wall signage permitted per tenant wall: Principal Structure Size (Gross Square Feet) Individual Wall Sign Calculation 100,001+ square feet 200 square feet Less than 100,000 square feet 150 square feet 1. Each exterior wall of each tenant frontage shall be calculated separately using the wall sign calculation above to determine the amount of wall signage allowed for that exterior wall. 2. Wall signage is limited to a maximum of 3 sides of a principal structure. 3. Each tenant's wall sign on a multi-tenant building shall not extend closer than two feet (2') from the tenant's lease line. 4. Tenant’s wall sign shall be individually mounted letters or located on a raceway that is consistent in color with the wall facade. A box sign may be used as needed to incorporate the tenant logo. 5. Cabinet style wall signs shall be internally illuminated. The light source shall be entirely enclosed within the sign. 6. Wall signs shall not extend above the roofline of any principal building. 2. Sign changeouts require repair to holes or other wall markings left and painting to match tenant wall facade color. Awnings, Canopies, Marquees: 3. Signs on awnings, marquees, and canopies shall be considered wall signs under the terms of this Section and subject to the regulations for said signs. a) Copy or graphics on awnings, canopies, or marquees shall be considered as part of the individual wall area calculation. b) An awning may be designated as a sign area as an alternative or addition to a sign on the building facade, provided the awning signage does not exceed the total sign area allowed. c) The sign displayed on the awning shall not be more than forty percent (40%) of the awning's principal face. C. On Premises Temporary Signs: Temporary signs may be erected and maintained in the city only in compliance with this sign code, and with the following additional provisions: DRAFT 25 1. Existing Business: A maximum of four (4) temporary sign permits may be issued to each business per calendar year for up to fifteen (15) days each. The temporary sign must be in the form of a weatherproof banner no larger than thirty-two (32) square feet in size. 2. New Business or Reopening of an Existing Business or Store Closing: One temporary sign permit per calendar year shall be issued for no more than thirty (30) days. 3. Removal After Expiration of Permit: On premises temporary signs must be removed within twenty-four (24) hours after the expiration of the permit. 4. Location. Securely fastened to pole on the property the business is located or attached to the principal structure. 5. Temporary sign permit required. 12-1-13: MISCELLANEOUS SIGN PROVISIONS A. It is recognized that signs exist within the City that were lawful before these sign regulations were adopted but are prohibited under the regulations of this article. Such nonconforming signs are allowed to continue as nonconforming signs provided that such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed. Nonconforming signs are subject to compliance with the following provisions: 1 Nonconforming signs may not be enlarged or altered in a way that increases the sign's nonconformity. 2 If the use of the nonconforming sign or sign structure is discontinued for a period of one year, the sign or sign structure may not be reconstructed or used except in compliance with the provisions of this article. 3 Should a nonconforming sign or sign structure be damaged, or structure be destroyed by any means to an extent greater than 50% of its market value and all required permits for its reconstruction have not been applied for within 180 days of when the sign or sign Structure was damaged, it may not be reconstructed or used except in compliance with the provisions of this article. 4 If a nonconforming sign or sign structure is moved for any reason for any distance whatsoever, it must thereafter comply with the regulations of this article. 5 Existing signs on the site of a use that is not permitted in the zone in which the use is located may not be enlarged, expanded or moved except in changing the sign to a sign permitted in the subject zone. 6 When a building loses its nonconforming status all signs devoted to the building must be removed and all signs painted directly on the building must be repainted in a neutral color or a color that matches the building. B. Maintenance and Repair Requirements: 1. All signs, together with all their supports, braces, guys, and anchors shall be kept in repair and in proper state of preservation. 2. The display surfaces of all signs and tier supports shall be kept neatly painted or posted at all times. DRAFT 26 3. All signs which are unsafe, dangerous, and/or unsightly shall be repaired or removed. Unsafe or dangerous signs shall be removed or otherwise properly secured by the property owner and/or sign owner upon receipt of notice to do so given by the City. Any abandoned, unsafe, or illegal sign is hereby declared to be a danger to the health, safety, and welfare of the citizens of Cottage Grove and is declared to be a public nuisance subject to abatement and assessment, except that legally established nonconforming signs shall not be abated until they have been abandoned for more than one year. Unsightly signs must be repaired or removed within fifteen (15) days of notification. The term "unsightly" shall mean a condition in which the sign has deteriorated to the point where at least one-fourth (1/4) of the surface area of the name, identification, description, display, illustration, or other symbol is no longer clearly recognizable at a distance of twenty feet (20'); or where paint is peeling, chipping, or flaking from the structure surface, or where the sign has developed significant rust, corrosion, rotting, or other deterioration in the physical appearance. 4. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition and free and clear of all obnoxious substances, rubbish, and weeds. Notice shall be given to the Community Development Director of any change in sign user, sign owner, or owner of the property on which the sign is located. DRAFT