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Home My WebLink About12.B. Text Amendment to City Code for Projecting Signage-Ord. No. 829 1'-.-8. CITY OF SHAKOPEE Memorandum CASE NO.: 10-005 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kyle Sobota, Planner I SUBJECT: Text Amendment for Projecting Signage MEETING DATE: February 16, 2010 REVIEW PERIOD: Proposal initiated by Board of Adjustment INTRODUCTION Staff has prepared a text amendment regarding the provisions in City Code addressing the regulations associated with projecting signage. Currently, projecting signs are allowed in the Central Business (B-3) Zone, the proposed language allows additional flexibility in design and materials. The Planning Commission reviewed the proposed text amendment at its February 4th meeting and directed staff to add a condition that would limit the number of projecting signs to one sign per business. The Planning Commission unanimously recommended approval of the amendment to the City Council. A copy of the Planning Commission report is attached for the Council's reference, which includes criteria and draft findings. This item is related to Goal D:Vibrant, resilient, and stable. ALTERNATIVES 1. Approve the text amendment as presented. 2. Approve the text amendment with revisions. 3. Deny the text amendment. 4. Table action on this item and direct staff to prepare additional information. STAFF RECOMMENDATION Staff recommends Alternative No.1, approval ofthe text amendment, as presented. ACTION REOUESTED Approve Ordinance No. 829, An Ordinance Amending Chapter 11 Regarding Projecting Signs, as presented, and move its adoption. Kyle Sobota Planner I h:\cc\20 1 0\0216\1 0005 ]rojecting_ Signs _ Ordinance.docx ORDINANCE NO. 829, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11 (ZONING) REGARDING PROJECTING SIGNS THE CITY COUNCIL OF THE CITY OF SHAKO PEE, MINNESOTA, ORDAINS: Section 1 - That the City Code Chapter 11 (Zoning) is amended, as follows: Underlined language is to be added and struckthrough language is to be deleted. Section 11.70, Subd. 9, Item B: Projecting Signs. A Projecting Sign is a sign, other than a wall sign, which projects from a building wall or structure more than eighteen (18) inches at any point. 1. shall be hang at right angles from a building face; 2. shall not project out from the building face more than thirty six (36) inches; 3. bottom of sigI'l shall aHo':; f{)r a minimum of eight (8) [(let of clearance; 1. the top of the sign shall not be higher than the lo\vest point of the roof or parapet of a one (1) story building; 5. no face of the sign shall exceed twelve (12) square feet; 6. only one projecting sign is allo';;ed per building face; 7. sign shall be constructed out of'vT/ood. 1. shall be hung at right angles from a building face; 2. the use of guy wires. cables. or chains as supports or bracing is prohibited; 3. the sign and bracket shall not proiect from the building face greater than sixty (60) inches or within twenty-four (24) inches of the back of curb. whichever is less; 4. the sign and bracket shall be setback a minimum of forty-eight (48) inches from light 'Poles or any other public utility structure; 5. the sign and bracket must meet all minimum clearance requirements from overhead electric conductors in the National Electrical Safety Code; 6. the lowest point of the sign or bracket shall provide a minimum of eight (8) feet of clearance above grade; 7. the top of the sign or bracket shall not be higher than the building wall or parapet of the building it is attached to; 8. no face of the sign shall exceed sixteen (16) square feet; 9. the sign must be constructed of wood. porcelain. metal. stone. glass. masonry. tile or similar material: 10. ifthe sign is illuminated. only external illumination with white light is permitted; 11. the sign. brackets. and anchoring must be approved by a Licensed Structural Engineer to withstand a 90- mile per hour wind load and the applicable shear load based on sign weight 12. only one (1) Proiecting Sign is permitted 'Per business. Section 3. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of ,2010. John J. Schmitt, Mayor ATTEST: Jeanette Shaner, Deputy City Clerk Published in the Shakopee Valley News on the _ day of ,2010. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Kyle Sobota, Planner I RE: Text Amendment Regarding Projecting Signage DATE: February 4,2010 CASELOG NO: 10-005 DISCUSSION On October 24, 2009 The City of Shakopee received a variance request to allow a projecting sign to be constructed of a different material than code allows, as well as project from a building greater than the code standard ofamaximum of36" in the Central Business (B-3) Zoning District. At the January 7,2010 meeting the Board of Adjustment and Appeals approved the variance request for a 12-square foot sign constructed out of high-density urethane and smalt (crushed glass) that projects 70" from the building face for Karizma, a new business opening soon in the building previously occupied by Betty Lu's. A wall sign is considered a projecting sign when it projects from a building wall greater than 18". As part ofthe variance request, staff researched the existing projecting signs in the B-3 Zone, which is the only district that allows projecting signs and found numerous non- conformities. The rationale for only permitting projecting signs in the B-3 Zone is due to the fact that most buildings in the B-3 Zone are built with a O-foot setback to the front lot line, and that signage on these buildings historically had projected into the Right-of-Way, prior to adoption of a zoning ordinance. At the January 7,2010 meeting, the Board of Adjustment and Appeals directed staff to explore a possible text amendment due to the large number of non-conformities. The direction was to research the ordinances of other cities with historic downtown areas and bring forward draft language. The specific direction was not to tailor the language to bring all existing projecting signs into compliance with City Code, because of the various styles and sizes of existing signs. If the zoning ordinance were to be amended, the existing signs would be considered legal, non- conformities. Because of the State Statute on non-conforming uses, the signs would be allowed to be repaired or replaced within 180-days if they are damaged or removed from their location. The current regulations in City Code Section 11.70, Subdivision 9B are as follows: B. Projecting Signs. A projecting sign is a sign, other than a wall sign, which projects from a building wall or structure more than eighteen (18) inches at any point. 1. shall be hung at right angles from a building face; 2. shall not project out from the building face more than thirty-six (36) inches; 3. bottom of sign shall allow for a minimum of eight (8) feet of clearance; 4. the top of the sign shall not be higher than the lowest point of the roof or parapet of a one (1) story building; 5. no face ofthe sign shall exceed twelve (12) square feet; 6. only one projecting sign is allowed per building face; 7. sign shall be constructed out of wood. The existing signs are either non-conforming in regards to materials, size, projection distance, and height. Staff believes that projecting signs are an asset to the historic downtown and also an acceptable means for businesses in a historic downtown to display their location. A table noting the current conditions of the projecting signs downtown, as well details about projecting sign regulations in other cities is attached for reference. Notification of a proposed text amendment to the projecting signage regulations was sent out to other City departments and Shakopee Public Utilities for comment. The comments received were from the Building Official, Project Engineer, and Shakopee Public Utilities. The Building Official recommends that future signage and anchoring systems receive approval from a structural engineer to withstand a wind load of90-miles per hour. The Project Engineer recommends that a minimum setback to the back of curb be applied, as well as a setback to public utilities structures (light poles, overhead electric poles, etc) and a minimum clearance standard for the sign and supports. Shakopee Public Utilities noted that the current projecting signs have not posed problems with their operations, but noted that all new signs must meet the minimum clearance requirements from overhead electric conductors in the National Electrical Safety Code. The draft language that staff is proposing is a hybrid of several cities regulations, and staff believes it allows for an acceptable amount of creativity and visibility for businesses as well as providing for greater aesthetics than the existing code. The current language listed above would be removed from the zoning text and the underlined language would be entered in its place. The draft language is as follows: Section 11.70, Subd. 9. Item B: B. Proiecting signs. A proiecting sign is a sign other than a wall sign. which proiects from a building wall or structure more than eighteen (18) inches at any point. 1. shall be hung at right angles from a building face; 2. the use of guy wires. cables. or chains as supports or bracing is prohibited; 3. the sign and bracket shall not proiect from the building face greater than sixty (60) inches or within twenty-four (24) inches of the back of curb. whichever is less; 4. the sign and bracket shall be setback a minimum of fortv-eight (48) inches from light poles or any other public utility structure; 5. the sign and bracket must meet all minimum clearance requirements from overhead electric conductors in the National Electrical Safety Code; 6. the lowest point of the sign or bracket shall provide a minimum of eight (8) feet of clearance above grade; 7. the top of the sign or bracket shall not be higher than the building wall or parapet of the building it is attached to; 8. no face of the sign shall exceed sixteen (16) square feet 9. the sign must be constructed of wood. porcelain. metal. stone. glass. masonry. tile or similar material; 10. if the sign is illuminated. only external illumination with white light is permitted; 11. the sign. brackets. and anchoring must be approved by a Licensed Structural Engineer to withstand a 90- mile per hour wind load and the applicable shear load based on sign weight. 12. only one (1) Proiecting Sign is permitted per business. FINDINGS City Code Sec. 11.83, Subd. 3 provide the criteria required for the granting of a Zoning Ordinance Amendment. Only one of the criteria needs to exist for an amendment to be warranted. These criteria are listed below with proposed findings for the Commission's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is not in error. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not taken place that mandate the requested zoning amendment. It has been and remains that the City is charged with taking measures to ensure the compatibility of projecting signage in the Central Business District. . Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City-wide or neighborhood development patterns have not occurred. The proposed change brings the zoning ordinance into current acceptable practices for signage over public Right-of- Ways, as well as allows for greater flexibility in the design of signage. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan does not require a different provision. ALTERNATIVES 1. Recommend approval of the proposed projecting sign text amendment to the City Council, as presented. I 2. Recommend approval of the proposed projecting sign text amendment to the City Council, with revisions. 3. Recommend denial of the proposed projecting sign text amendment. 4. Continue the public hearing and request additional information from staff. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the proposed text amendment to projecting signs amendment to the City Council, as presented. ACTION REQUESTED Offer a motion to recommend approval of the proposed projecting sign age text amendment to the City Council as presented, and move its adoption. 2:i~m~ Planner I h:\boaa-pc\201 0\02-04\1 0005 ]rojecting_Signs _ Text_ Amendment_ Report.docx Location Area Height Projection Material Illumination Supports American Family Insurance 32 >8' 108 Plastic 7 Brackets / Cables Arnie's 12 >9' 96 Porcelain Neon Bracket / Chains Bill's Toggery 1 15 >10' 54 unknown Bracket Bill's Toggery 2 18 >10' 30 unknown External Bracket Domino's unknown >10' 24 Metal/Plastic Internal Bracket Galen's Barbers n/a >8' 126 n/a n/a Bracket / Cables Lewis Street Studios 6 >9' 60 Plastic None Bracket / Chains McGovern's Garage 30 >8' 96 Painted Wood Bracket Sport Stop 3 7'4" 36 Painted Wood None Bracket Allowed in Projecting Signs Minimum 1 Max Max Distance Illumination Downtown City Projecting Sign Definition Allowed? Quantity Height (Inches) Max Area (Sq. Ft) Materials Permitted? District? Notes Sign other than wall sign, that extends perpendicular from building 40 or 4% of wall, whichever is ? Zoning District Anoka . wall Yes, in B-4 greater Not mentioned Not Mentioned Locations Hanging signs up to 4.5 square feet are permitted in B-3 Yes, in OC, OS, C- 8', must not extend Wood or W oodlike Require projecting sign permit and insurance waiver for Dubuque, IA 2, C-4 1 above wall 60 40, 25 in Downtown material, painted metal External only Yes signs in ROW. 1 per ROW Wood, metal, stone, glass, External, white Maximum of 3 compatible colors, Up to 60% of sign F aribault Yes, in B-4 frontage 8/15 48 7.5 masonry, tile or similar light only Yes may be lettering Sign that projects from a building 54, and at least 2-square feet per linear foot of Engineering required for projecting signs> 50 square Grand Rapids wall face greater than 18" Yes 1 0' minimum 36"from curb frontage Not mentioned Not Mentioned Yes feet, guy wires, chains, or cables are prohibited Yes, in C-l, 0-1, C- 8' minimum/II' for 48, 30 in Downtown Guy wires are prohibited, plan must be provided to show Hastings not defined 2, DC 1 per property sign, 12' for bracket Core 6 Wood andl or metal No Yes anchoring methods a sign attached to a building wall that Hopkins projects greater than 24" Yes 7' minimum >30" to curb 12 Not mentioned Not Mentioned Yes a sign, other than a wall sign that entire canopy or awning area counts as sign area if projects from and is supported by a Yes, CBD-C, CBD- Yes, must meet internally illuminated, must not obscure architectural Mankato building F, and B-1 7' minimum 72 32 Not mentioned Yes design guide features NewUlm not defined Yes 8' 132' 36 Not mentioned Not Mentioned Yes sign other than wall sign, which up to 60% may be lettering <3 styles & colors, anchors projects from and is supported by a 8', 15' above External, white attached to mortar, brackets to be iron or painted metal, Northfield wall of a structure Yes driveways or alleys 36 10% of building face Wood and/ or metal light only Yes cert. of appropriateness sign other than wall sign, which signs projecting over ROW require building permit, in B projects either perpendicular or at an <60 & > 24" from 2 sign may project up to 4' above wall surface, B-3 must Owatonna angle from wall Yes, in B-2 & B-3 8' curb 16 Not mentioned External only Yes not project above wall sign other than wall sign, which projects from and is supported by Red Wing said wall> 18" Yes, 1 per property 8' 6 Not mentioned Not Mentioned Yes must be at least 20' from another projecting sign River Falls, WI not defined Yes 10' 84 Not mentioned Not Mentioned Guy wires prohibited, must be easily visible from sidewalk, 3-D sign max area= 9 SF, supports not used Stillwater not defined Yes 6 Not mentioned External only Yes must be removed in 180 days sign attached to wall or sign structure signs must withstand 30 Ibs /SF windload, not permitted that extends beyond 12" from wall or 8' / 24' or building <96, and >24" from 2 square-feet per linear foot of above alley, lighting must not exceed what is necessary Winona structure Yes, only in CBD wall curb frontage Not mentioned Yes Yes for clear visibility