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Ordinance No. 0799 02-06-1984� � � ORDINANCE N0. 799 AN ORDINANCE R�OODIFYIb]G 7fIE F"RCDLEY CITY ODDE BY ADOPTING A NIIqT CHAFrER 214 FNrITLID "SIGNS" AND REPEALING TfiE OLD CZiAPTER 214 IN ITS II�PIRETY ZSiE CITY OOUNCIL OF THE CITY OF FRIDLEY DOF�S ORDAIN AS FOLLdWS: 214.01. PORPOSE The purpose of this Chapter is to protect and promote the public health, safety and general welfare of the City of Fridley throu�h the establishment of a comprehensive and impartial set of regulations governing the erection, display and use of signs serving as a visua7. media to persons upon public or priv«te properties. These regulations are intended to provide an opportunity for effective communication, allaa a reasonable freedom of choice and promote a concern for the visual amenities on those people desicpiing, displayinq, erecting or utilizing signs while at the same ti� assuring that the public health, safety and general welfare of the City is preserved. 214.02. DEFINITIONS �e follaaing words and terms, wherever they occur in this Chapter, are defa.ned as follaas and shall apply in its interpretation and application: 1. Abanaoned Sign. A sign which no longer correctly advertises a bona fide business, lessor, awner, activity, use or product available on the premises where the sign is displayed for a continuous period of more than three (3) months. 2. Address Sign. A sign consisting of numbers or numbers anc7 a street name, identifying the address of a building. 3. Advertising Sign. A si� which is used to advertise products, goods, uses or services. 4. Alteration. Any ma�or chanqe, excluding routine maintenance, of an existing sign. 5. Area Identificat�.on Sign. A sign which identifies the name of a neighborhood, a resicential subdivision, a multiple residential complex or a business or industrial area. 6. Banners And Pennants. A temporary sign constructed of cloth, canvass, �per, plastic film or light fabric. � V 214.02 . a�.l'i:r.�'L DEFINITIONS 214-1 L� � � 7. Bench Sign. A sign which is attached to a bench. 8, Billboard. A sign advertising a business, product, service, use or entertaimnent which is conducted, sold or offered somewhere other than on the pranises where the si� is located. 9. Changeable Sign, Automatic, An electronically controlled sign, including a time, temperature or date sign, or a message center or a readerboard, where diffexent messaqe changes are shown on the same panel. 10. Changeable Si�, Manual. A si� on which the message is changed manually. 11. Construction Sign. A temporary sign erected at a construction site identifying the pro7ect. It may include the name of the architect, engineer, contractor, financier or other information about the pro�ect. 12. Distzict. A zoning district as defined in Chapter 205, Zoning, of the City Code. 13. Flashing Sign. An illuminated sign which has intermittent flashing lights, revolving beacons, zip flashers or exhibits a noticeable change in color or light intensity. 14. Free Standing Sign. A sign which is securely attached to the ground and not attached to any �rt of a building or structure. 15. Goverrunental Sign. A sign whicr. is erected by a governmental unit for the purpose of directing or guiding traffic or providing public information. 16. Illwninated Sign. A sign which is illtuninated by an artificial light source. 17. Information Sign. A sign giving information or directions to employees, visitors or delivery vehicles and containing no advertisir.g. An informaticn sicpi may display the name, address or identifying symbol of the business. 18. Institutional Sign. A sign which identifies a public or private institution including churches, schools, hospitals and medical clinics. 19. Motion Sign. A sign which revolves, rotates, has moving parts or gives the illusion of motion. � �1 214.02 214-2 ry � a �� 214.02 � 20. Nonconiorminq Sign, Legal. A siqn which lawfully existed prior to the ado�tion of this Chapter, but does not comply with all requiranents of this Chapter. 21. Pennanent Sign. A sign constructed of materials includinq plastic or metal that are durable and easily maintained, and which is intended to be used for an indefinite period of time. Signs �inted directly on structures, wood or wood products are not authorized or included in this definition. 22. Political Sign. A temporary si� advertising election issues or the candidacy of a person running for public office. 23. Portable Sign. A temporary sign desic�ed to be mwed fxwn one location to another and which is not pexmanently attached to the ground, a sign structure or a building. 24. Porta-�nel. A portable sign, mounted on wheels and used for commercial as well as civic promotions. 25. Projecting Sign. � A sign attached to a wall, that pro�ects perpendicular from a building or structure. 26. Real Estate Sign. A temporary siqn erected for the purpose of selling, leasing ar pranoting real estate. 27. Roof Sign. A si� which is erected, constructed or attached above the roof line of a building, except where the roof is an extended facade or mansard. 28. Rtmitnage/Garage Sale Sign. A temporary si� which advertises or dixects the public to the sale of used merchandise, sold from a private residence. 29. Shopping Center/Multiple Use Building. A building planned and developed for multiple occup�ncy whether as a commercial or industrial use. 30. Sicy�. A p3inted panel, lettered board, series of letters or symbols or other display and any supporting structure usec� to advertise, direct, identify, inform or convey a message to anyone who vievas it. �31. Sign Area. The area of a sign, including the border and the surface which bears the advertisement. In the case of inessages, figures or symbols attacheci directly to any p�rt of a buil8ing or sign structure, it is 214-3 � that area which is included in the sma7.lest geometric figure which can be made to circ�unscribe the message, figure or syrnhol. 32. Sign Area, I�imwn. The maximtm allaaable sign area for a single faced free standing sign refers to that single facing. When a free standing sign has multiple faces, then the maximian allaaable sign area doubles. 33. Sicyi Structure. Any structure which supports or is ca�ble of supporting a sign, but not including a building to which a sign is attachec�. 34. Temporaty Sign. Any sic�, banner, pennant, valance or advertising display intende� to be displayed for a limited period of time. 35. Wall Graphic. A graphic design or decorative mural, not intended for identification or advertisinq purposes, which is painted directly on the exterior surface of a building. 36. Wall Si�. A si� which is attached to the wall of a building or structure. 37. Window Sign. A sign attached to the inside of a window for the purpose of viewing � fram outside the building. This term does not include merchandise located in a toindow. 214.03. GEPll��L PRWISIONS FOR ALS, DISTRICP5 The follc�ring provisions shall apply to Sections 214.�4 thxough 214.07. Any sign shall be constructed in such a manner and of such material that it will be safe and substantial. Nothing in this Chapter shall be interpreted as authorizing the erection or displ�y of any sign not now permitted under Chapter 205 of the City Code. 214.04. SIC,NS PROHIBITID IN ALS, DISTf2ICTS 1. Any pern�lent signs, other than governmental signs, erected or displayed upon any right of way or public property. 2. Any signs or wall graphics that contain words or pictures of obscene, pornographic or inunoral character. 3. Any signs �inted directly on buildings. 4. Any signs which by reason of s1ze, location, movement, content, coloring or manner of illwnination may be confused with the light of an e�nergency or road equignent vehicle, a traffic sign, signal or device or which hides from view any traffic sign, signal or device. �5. Any projecting signs. 6. Any motion signs. 7. Any flashing signs. A t� 214.04 GINERAI� PROJISIONS i�;�, r. �� 214-4 � � 8. P,ny signs located within a corner vision safety zone as def ined in Chapter 205. 214.05. SIGNS PERMITPID IN AI�L DIS'i'RiC15 1. Address Sic�s. Each dwelling, business or building must have a minimum of one (1) address si�, that is a minimun of three and one-half (3-1/2) inches high and a maximun of twenty-four (24) inches hiyh. The sign must be illiuninated or reflective and visible from the public right of way. 2. Bench Signs. Displayed only at bus stops and cannot be any laryer than or extend beyond any portion of the bench. 3. Flags. Shall be displayed as outlined in Title 36, Section 173-378 of the United States Code, State Flag and Corporate Flag, 4. Gavernmental Signs. 5. Informational Signs. Provided they �et the follawing requirenents: A. A maximimn size of four (4) square feet in area. B. A minimtan distance of ten (10} feet from any Froperty line or driveway. 6. Institutional Signs. Provided they meet the follaaing requirenents: A. A maximtun size of thirty-two (32) square feet in area. B. A minimtun distance of ten (10) feet from any property line or driveway. C. A hospital emergency sign may be a maximum of 1Q0 square feet in area. 214.06. TII9PORARY SIGNS PERMITTID IN ALS, DISTRiC15 1. Construction Signs. A. Multiple Developnents. Construction signs may be erected for the purpose of identifying a development of ten (10) or more dwellings, ten (10) or more mobile homes, tlzree (3) or more multiple ciwellings, or a building consisting of three (3) or more businesses or industries, with the following restrictions: (1) One (1) sign per street frontage. (2) A maxim�un size of fifty (50) square feet in area per � develoixnent. (3) Locatecl no closer than 100 feet to a building outsic7e the development. SIGNS PERMITPEd a r�••. a •�• �� �j � 214.06 214-5 � ��z 214.06 (4) A mi.nimimi distance of ten (10) feet irom any property � line or driveway. (5) To be ranoved upon campletion of the construction. B, Other Developments. �� (1) One (1) sign per buildinq. (2) A maximwn size of six (6) square feet in area. (3) A minim�un distance of tert (10) feet from any property line or driveway. (4) To be renoved upon completion of the construction. 2. Real Estate Signs. A. Multiple Develolanents. Real estate signs may be erected for the purpose of selling, leasing or pranoting develoFanent of ten (10) or more dwellings, ten (10) or more mobiZe homes, three (3) or more multiple dwellings or a building consisting of three (3) or more businesses or industries, with tkie following restrictions: (1) One (1) sign per street frontage. (2) A�imian size of fifty (50) square feet in area per development. (3) Located no closer than 10� feet to a builtlinq outside of the developnent, (4) To be renwed when the pro�ect is ninety-five percent (950) sold or leased, (5) A mtnimwn distance of ten (10) feet from any property line or driveway. B. Other Developments. (1) One (1) sign per building. (2) A maximtnn size of six {6) square feet in area. (3) To be renoved within five (5) days following the sale or lease of the building. (4) A minim�un distance of ten (10) feet from any property line or driveway. (5) "Open House" signs are allowed only during the day of the open house, 3. Political Signs. A. A maximtmt size of thirty-two (32) square feet in area. B. To be renoved within five (5) days follasving the election. C. Fifteen dollars i$15.00) will be deposited with the City prior to the erection of any si�s and retained until all of the � si�s are renoved. If all of the signs are not removed, the deposit will be used to defray the cost of removal. Any additional cost will be billed to the person posting the original deposit. 214-6 � � � D. Any si� larger than three {3) square feet in area must be placed a minimtun distance of ten (10) feet from a street curb and ten (10) feet fram any driveway. 4. Rimmti�ge/Gazage Sale Signs. A. A maximtun size of three (3) square feet in area. B. To be renoved within three (3) days follaaing the sale, 5. Banners or Pennants. A. Banners or pennants commemorating a special event not connected with a business, are permitted when installed not more than twenty-five (25) days prior to the event and renoved within five (5) days follaaing the event. B. Banners or pennants for business anniversaries or grand openings are allaaed only for a maxim�un of ten (1�) days. 214.07. SIGNS PERMITPID WI7Ii A SPECIAL USE PII�1IT 1. Automatic changeable sic�s are permitted in all districts except residential districts, and then only after the issuance of a special use permit sub�ect to the following minimiun conditions: A. Conforma�zce to the sign requirenents with vi that district. B. The messa9e shall not change more than once every fifteen (15) mtnutes except for a sign displaying time, temperature and/or date. 2. Bil.lboaids. 214.08, SPECIFIC DIS'1RICT REQUTR��'G In addition to those signs permitted in all districts, the follaaing signs are permitted in each specific district and shall be regulated as to type, size, and setback according to the following requirenents. 214.09. TYPES� SIZFS� AI�ID SEPBAQ{S FOR RFSIDII�TPIAL DIS'PRICTS 1 2 Area Identification Siqns. A. One (1� si� per develoFanent. B. A maximtun size of twenty-four (24) square feet in area. C. A r,unimian distance of ten (10) feet from any property line or dxiveway. Wall Signs. A. One (1) sic� per dwelling unit. B, A maximiun size of three (3) square feet in area. 214.09 pERMrTrFn WI`IIi SPECIAL USE PERNIIT SPECIFIC DISTRiGT g�UTRFMh�TI'.R RESIDENTIAL DISTRiGT 214-7 1� � � I` J 214,10. TYPFS, SIZFS, PSID S��G FOR Ci�l DIS'iRIC15 1. Area Identification Signs. A. One (1) sign per development. B. A maximian size of twenty four (24) square feet in area. C. A minimwn distance of ten (10) feet from any property line or driveway. 2. Free Standinq Signs. A. One (1) sign per street frontage. B. A maximiun size of forty-eight (48) square feet in area per development. C. A maxim� height of six (6) feet above the finished ground grade. D. A minimiun c3istance of ten (10) feet from any property line or driveway. 3. Roof Signs. A. One (1) sign per developnent. B. The use of a roof sign will substitute for the free standing sign along the street the roof sign is intendec7 to be viewed. 4. Window Signs. A maximum coverage of forty percent (40�) of the window area, excluding merchandise. s. waii s��s. The total sign area shall not exceed fifteen (15) times the square root of the wall length on which the sign is to be placed. 6. Portable Sic�s. May be c3isplayed after a permit is issued by the City. Permits are limited to three (3) times per year, per business, and only for nonconsecutive tPn (10) day periods. 214.11. TYPFS, SIZES, Pd�ID SEISACKS E1�R C-1� C-2 AAID C-3 DISTRICPS 1. Area Identification Si�s. A. One (1) sign per development. B. A maximwn size of twenty-four (24) square ieet in area. C. A minimtm distance of ten (10) feet frorn any property line or driv�taay. 2. Free Standing Si�s. A. One (1) sign per street frontage. B. A maximum size of eighty (80) squaze feet in area per develognent. Q�1 DISTRICP C-1, C-2, AtID C-3 DISTRICl'S �� a. 214.11 214-8 � C. A maximiun heiqht of twenty-five (25) feet above the finished ground grade. D. A minim�un height of ten (10) feet from the bottom of the sign to the finished ground grade when within twenty-five {25) feet of a driveway or a corner vision safety zone. E. A minimtun distance of ten (10) feet from any property line or driveway. F. A minimtun distance of fifty (50} feet irom any residential district. 3. Roof Signs. A. One il) si� per development. B. The use of a roof sign will substitute for the free standing sign along the street the roof sicpz is intended to be viewed. 4. Window 5igns, A maximum coverage of forty pezcent (40�) of the window area, excluding mexchandise. 5. FTall Signs. The total sign area shall not exceed fifteen (15) times the square root of the wall length on which the sign is to be placed. 6. Portable Signs. � May be displayed after a permit is issued by the City, Permits are limited to three (3) times per yeai, per business and only for nonconsecutive ten (10) day periods, 7. Billboards. Shall 6e permitted only in the C-3 District w�thin this Section. S�ecific requixanents axe listed under Section 214.12.7. 214.12. TYPFS, SIZES ADID S��G FOR 1�-�1 I�ID M--2 DISTf2IC15 1 2 Area Identification Si�s, A, One (1) sign per development. S. A maximtun size of twenty-four (24) square feet in area, C. A minimiun distance of ten (10) feet from any property line or driveway. Free Standing Signs. A. One (1) sign per street frontage. B. A maximum size of eighty (80) square feet in area per development. C. A maxim�nn height of twenty-five (25) feet above the finished ground grade. � D. A minimian height of ten (10) feet from the bottom of the sign to the finished ground grade when within twenty-five (25) feet of a driveway or a corner vision safety zone. "a ?� , 214.12 M-1 ADID M-2 DISTRICiS 214-9 `i �; z��.�z � � � E. A minimiun distance of ten (10) feet from any property line or driveway. F. A minimtmi distance of fifty (50) feet from any residential district. 3. Roof Signs, A. One (1) 5ign per development. B. The use of a roof sign will substitute for the free standiny sicy� along the street the roof sign is intPnded to be viewed. 4. Window Sicg�s. A maximum coverage of forty percent (40�) of the window area, excluding merchandise. 5. Wall Signs. A. Allaaed only on two (2) different walls per business. B. The total sicp� area shall not exceed fifteen (15) times the square root of the wall length on which the sign is to be placed. 6. Portable Signs. May be displayed after a permit is issued by the City. Permits are limited to three (3) times per year, pex business and only fox nonconsecutive ten (10) day periods. 7. Billboards, Shall be permitted in only C-3, M-1 and M-2 Districts. The follaaing requiranents shall be considered as minim�an stanaards when issuing a special use permit to erect a billboard. The City Council may impose additional requirenents. A. Sillhoards shall be restricted to property ad�oining the right of ways of Interstate Highway #694, Trunk Flighway �47, Trunk Highway #65 and East River Road south of Interstate Highway #694. B. The maximum height is twenty-five (25} feet above the finished ground grade� unless the sign is intencled to be viewed from a highway, then the twenty-five (25) foot maximum height shall be computed from the centerline of the traveled highway, but in no case shall the vertical distance between the bottan of the sign and the ground be reduced to less than ten (10) feet. C. The �im�nn si� area is three hunc3recl (300) square feet per facing not to exceed two (2) facings when erected on East River Road south of Interstate Highway #694, on Trunk Highway #47 and on Trunk Highway #65; and 750 square feet per facing not to exceed two (2) facinqs when erected on Interstate Highway #694. Double faced signs shall be attached back to back at a horizontal angle not to er.ceed forty-five (45) degrees. D. 'The minim�an distance between billboard aigns is 1000 feet when erected on the same side of the highway. 214-10 � � E. The minimiun setback from the highway right of way is thirty (30) feet. F. The minimwn distance is 500 feet from a billboard sign to the intersection of any street ox r�np where traffic crosses or merges at the same elevation. The distance is determined by measuring from the intersection of the street and highway centerlines and the sign. G. The minimian distance to a residential and public district is 500 feet. H. The sign structure shall be all metal and be either painted or treated to prevent deterioration. Lack of proper maintenance shall be cause for revocation of the sign permit, I. The minimtun distance to a railroad crossing is 350 feet when there are lights and a gate, and 500 feet irom a railroad crossing without lights and/or a gate. J. Any lighting will be shielded to not impair the vision of any motor vehicle operator or to create a nuisance on adjoining property. 214.13, TYPFS, SIZFS, AND ST'�'�RA�G FOR P AL�ID P[ID DISTRICPS Sign requirenents in Public and Planned Unit Development districts will be controlled by the City Council when any development is planned. 214.14. SHOPPING �'��� ADID NIIILTIPLE USE BUILDINGS 1. Within 180 days of the adoption of this Chapter, all owners of shopping centers and multiple use buildings of three (3) or more businesses or industries, if they have not already done so, must submit a comprehensive sign plan to the City Council for approval. 2. All future signs erected within the shopping center or multiple use buildinq shall conform to the conditions of the sign plan and may be subject to conditions other than those in the district regulations in ordet to promote uniform sicyi appearance. 214.15. SIGN PERMIT RF]QO��� 1. Sign Permit. A. Sefare a sign may be displayed a.n the City, the sign erecter shall file an application with the City for permission to dasplay such sign. B. A permit is required for all existing, new, relocated, modified or redesigned signs except those specifically exempt under Section 214.15.1E. C. The issuance of a permit may also be sub�ect to additional � conditions in order to promote a more reasona6le combination of si�s and to promote conformity with the character and uses of adjoining property, The conditions will be sub7ect to the 8 ti 214,15 . . I� • � � SHOPPING CIIdPERS Ai�ID MULTIPLE USE BUILDINGS N �I• • a• r o- i� 214-11 L_.J � discretion of the City. Ob7ections to the conditions can be appealed to the City Council by the applicant. D. Si�s erected by a nonprofit organization are not exempt Erom obtaining a sign permit, but the City may waive the fee requiranent. E. No permit is required to display the follaaing siyns. This 5ha11 not be construed as relieving the erector of a sign, or the owner of the property on which a sign i� located from conforming with the other provisions of this Chapter: (1) Any windaa signs. (2) Any address sicy�s. (3) Any signs erected by a governmental unit. (4) Any bench signs. (5) Any memorial si�s or tablets containing the names of the building, its use and date of erection, when cut or built into the wall of a build�.ng. (6) Any signs which are completely within a building and are not visible fram the exteriox of the building. (7) Any tenporary sicpzs as listed under Section 214.06. (8) Any sicyzs having an area of three (3) square feet or less. (9) Any advertising signs on litter receptacles having an area of four (4) square feet or less per sic�e and limited to sixteen (16) square feet per receptacle, except that approval of the design and location of the receptacle is required by the City Council. 2. Permit Application. A. Application for a sign permit shall be made to the City on forms supplied by the City. B. If a sign has not been erected within ninety (90) days after the date of issuance of a permit, the permit ahall become null and void unless an extension is granted by the City. C. The City may require other information as necessary to insure that the sign is erected in compliance with this ChaFrter. 3. Permit Fees. Si� permit fees shall be as provided in Chapter 11 of the Fridley City Code. 214.16, SIIN II2D(.7.a0RS' LICINSE R�QU��'G No person, firm or cotporation shall enqage in the business of erecting si�s under this Chapter unless a license to clo so has been �approved by the City Council. The annual license fee and expiration date shall be as provided in Chapter 11 of the Fridley City Code. A license shall not be required of any person who chooses to construct and erect their aan sicyi on their am property. �•a •• M51 •o-• ra i� 8� 214.16 214-12 82 214.17 � � � 214.17. EXISTING SIGNS 1. Siqn Maintenance. A. The structure and surfaces of aLl signs shall be maintained in a safe and presentable condition at all �imes, including the replace�nent of defective parts, �inting, repainting, cleaning and other acts required to prevent the sign structure and surface fram becoming hazardous or unkempt in appearance, B, When any sign is ranoved, the City shall be notified and the entire sign and its structure shall be renoved. 2. Legal Nonconforming Signs. A. Any sic� located within the City on the date of the adoption of this Chapter which does not conform with the provisions of this Chapter, is a"legal nonconforming" sign and is permitted, pravided it also meets the follaaing requirements; (1) The sign was covexed by a sign pernit on the date of the adoption of this Chapter, if one was required under applicable law, or (2) if no sign permit was required for the sign in question� the sign was in all respects in compliance with applicable law on the date of the adoption of this Chapter. B. A si� shall immediately lose its "legal nonconforming" desi�ation if: (1) The sign is altered in any way which makes the sign less in compliance with the requirements of this Chapter than it was before the alterations except for routine maintenance and change of inessages. (2) (3) The siqn is relocated. The sign is replaced. (4) The sign becomes dilapidated or damaged and the cost of bringinq it into cmnpliance is more than 50 percent (SOo) of the value of said sign, at which time all of the sign and its structure must be removed, 3. Abandoned Signs. Any sicyl which identa.fies a use that has discontinued operation for a period of more than three (3) months or any sign which pertains to a ti�, event, or purpose which no longer applies, shall be deemed to have been abandoned. Pern�azient signs applicable to a business t�nporarily suspended because of a change of ownership oc management shall not be deened abandoned unless the property renains vacant for a period of more than three (3) months. An abandoned sign is prohibited and shall be removed by the owner of the si9n or the property aaner. EXISTING SIGNS 214-13 � � 214.18. The City rianager or desi�ated agent shall be responsib],e for the enforcement of this Chapter. 214.19. VIOLATIOPIS 1. Any sign that does not comply with the provisions of this Chapter or that is a hazard to the health, safety and general welfare of the public is hereby declared to be in violation of this Chapter. 2. Notifiration of Violation. A. If the City determines that any siqn regulatecl by this Chapter i� unsafe, a menace to the public; or has been constructed or erected without a permit first being granted to the owner of the property upon which said sign has been erected; ar is in violation of any other provision of this Chapter, then the City shall issue a written notice of violation to the property owner. If the awner fails to renove the sign or bring it into compliance with the pxovisions of this Chaptex within twenty (20) calendar days following the date of said notice, such sign(s) may be removed by the City. The cost of this removalr including any City expenses� shall be a special assessment against the property upon which the sign(s) was located and shall be so noted in the written notice to the property owner. S. The City may cause any sign or sign structure which is an immediate public hazard, to be removed summarily after a reasonable attempt has been made to have the property owner renove the sign. C. When the City mails the notice of violation, copies will be sent to both the permit holder and the property owner. if they are different persons. 214.20. PENAi,TY Any violation of this Chapter is a misdemeanor and is sub�ect to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. Each day the violation continues in existPnce shall be deened a separate violation. All signs are subject to any penalty for violation of the district requiranents where they are located. even when not required to pay a fee or acquzre a pexmit. 214.21. APPEAIS To provide for a reasonable interpretation of the provisions of this Chapter, a permit applicant who wishes to appeal an interpretation �by the City may fil e a variance application and request a hearing before the Appeals Commission. The Cornmission shall hear requests for variances and make their recomm�ndation to the City Council in the follv,aing cases: 8:�i zin.ai ��ia�] :Ma"ui��Y VIOLATIONS i� � r� � 214-14 � � ' 1. Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the City in the enforcement of this Chapter. 2. Requests for variances from the literal provisions of this Chapter in instances where the strict enforcement would cause an undue hardsha.p. Before the Cccnmission shall grant a vaxiance, it is the responsibility of the applicant to prove: A. That there are exceptional or extraordinary circumstances apglicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district; but which is denied to the property in question. C. That the strict apglication of the Chapter would constitute an unnecessary hardship. D. That the granting of the variance woulc7 not be materia.11y detriurental to the public health, safety or general welfare or detrunental to the property in the vicinity or district in which the property is located. PASSID AND ADOPTID BY 7SiE CITY COi1NCIL OF ZHE CITY OF FRIDLEY THIS 67i3 DAY OF FEBRUARY, 1984. .i;�.a.►�- �--- ti,r�LZ�i J. � H��ox ATPEST: L SIDNEY INMAN - CITY CLERK Public Heating: January 23, 1984 First Reading: February 6, 1984 Second Reading: February 15, 1984 �� 214.21 214-15 1 � 1 Page 16 — Ordinance No. 799 EXFIIBIT I OFFICIAL TI4Y,E AND SUMMi�RY ORDINANCE N0. 799 I. TI7.LE AN ORDINANCE RDCODIFYING 7HE FRIDLEY CITY CODE BY ADOPTITdG A IQEW CHAPTER 21h ENTI`II.ID "SIGNS" AND REPEALIBiC QLD CIjAPTER 214 IN ITS ENTIRE�i"I AS FQLL/JN7S: II. SYJMNH�E2Y ZI3E CITY COUNCIL OF THE CITY OF FRIDLEY. MINNE50TA, IbFS ORI]AIN AS FOLLpNTS: That the follaaing stmu��ry shall clearly inform the public of the intent and effect of changes to the Chapter and shall be published in the official news�per of the City. A, PURFOSE The purpose of this Chapter is to protect and promote the public health, safety and general welfare of the City of Fric�ley by regulating the erection, display and use of �igns, while providing an opportunity for ef£ective communication, allowing a reasonable freedom of choice and promoting concern for visual amenities. B. GENERi�L PRWISION5 General Provisions are applicable to all Zoning Di�tricts of the City. These provisions establish permitted si5ns, temporary permitted signs, prohibited s9.gns and signs pennitted viith a Special Use Permit. C. SPECIFIC DISTRICP RD�UIRIINEN`i5 Specific Provisions pertain to the P.esidential: CR-1; C-1, G2, C-3; r1-1. M-2; and P, Pud Districts; and Shopping Centers and Nlulti-USe Buildings. Former specific regulations for C-1S and C-25 Districts have been eliminated. D. SIGN PERMIT 1. The sign erector must apply for a permit before displaying any siqn unless such sign is exempted. Exempt signs must conform with the other provisions of this Chapter. 2. Application for the permit is made on forms provided by the City. 3. A permit is void unless the sign is erected within 90 days of issuance or an extension is granted. � l �jfi � � � Page 17 — Ordinance No. 799 E. SIGN �71�RS' LICIIVSE RDQUIRII�7EN'!'S No person or fixm shall erect signs as a business unless the City Council has approved a license to do so. F. LDGAL NONOONFORMING SIGNS Ariy si� not conforming with this Chapter is permitted if it was covered by a sign permit or, if no �rmit was required, it complie8 with former applicable law. Such sign loses its legal nonconforming desicy�ation if Zt becomes less in compliance with this Chapter, is relocated or replaced, or is damaged at more than 500 of its value. G. VIOLATIONS 1. Any sign that does not comply with this Chapter or that is a hazard is a violation of this Chapter. 2. A written notice of the violation shall be issued by the City to the property aaner. A copy shall be sent to the permit holder if different than the property aaner. 3. The property awner has 20 days to remove the sign or bring it into compliance with this Chapter. Otherwise. the City may remove the sign. Renoval expenses shall be asseseed against the propexty. 4. Any sign which is an itrnnediate public hazard may be removecl by the City after a reasonable attenpt to have tkie property awner remove the sign. 5. A� violation of this Chaptet is a misdemeanoe. violation continues is a sep�rate violation. H. APPEALS Each day the Permit applicants may appeal the City's interpretation of this Chapter by filin9 a variance application and requesting a hearinq before the Appeals Commission_ The Commission will make its recomnendation to the City Council on the variance when it is alleged the City has errored in its interpretation or where the strict enforcement of �his Chapter would cause undue hardship. III. NO'PICE This Title and Stmunary has been published to clearly inform the public of the intent and effect of the City of Fridley's Sign Chapter. A copy of the Ordinance in its entirety is available for inspection by any person during regular office hours at the office of the City Clerk and at the Anoka County Library. Page 18 -- Ordinance No. 799 � PASSED AI�ID ADOPTID BY 'iSiE CITY 00[TNCIL OF THE CITY OF FRIDLEY TFIIS 6TH DAY OF FE�RUARY, 1984. �A'� Ji^'a!1'y` `�-�..�_,- WII,LIA@I J. PTEE YOR � � I� ATi�'ST : SID�� _�_� - CITY CLERK First Reading: 3anuary 23- 1984 Second Reading: February 6. 1984 Publish: February 15, 1984 r7 r� O�