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HomeMy WebLinkAboutOrd. 1128 Amend Chapter 154 - Signs CITY OF APPLE VALLEY ORDINANCE NO. 1128 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 154 OF THE CITY CODE REGULATING SIGNS WITHIN THE CITY The City Council of Apple Valley ordains: Section 1. Chapter 154 of the Apple Valley City Code is amended by revising the following definition in Section 154.02 to read as follows: DIRECTIONAL SIGN. A sign erected upon private property to provide pedestrian or traffic directions. Section 2. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.03(C)to read as follows: § 154.03 SIGNS ALLOWED WITHOUT A PERMIT. The following outdoor signs are permissible without a permit or payment of permit fees provided the standards and restrictions in this section are met. (C) Directional signs. (1) On-site directional signs, not exceeding a maximum of eight(8) square feet per sign and a maximum number of four signs per site except as provided herein, shall be permitted in any commercial, industrial or institutional zoning district for the purpose of directing vehicular or pedestrian traffic in a safe and convenient manner. Directional signs located on a site for internal operational purposes only and not for general public directional information shall not be subject to the number and location regulations set forth in this Chapter. (2) Off-site directional signs may be permitted by the City Council to direct the public to emergency facilities. Section 3. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.04(B)(1)(d)to read as follows: §154.04 SIGNS REQUIRING A PERMIT. The following signs may be erected or maintained, as shown for each zoning district or land use, only after obtaining a permit from the city and payment of permit fees,providing the standards and restrictions in this section are met. (B) Building signs; location on building. (1) Building signs shall be affixed to buildings according to the following requirements: (d) Primary signs shall be placed on the side of the building where the main entrance is located. For multi-tenant buildings with individual public entrances directly from the outside, business identification signs shall be placed within ten feet of the main entrance to each business. Signs on the exterior of an enclosed retail shopping building shall be located near entrances closest to the business location. Sign locations for each tenant shall be assigned and identified in the signage plan. Section 4. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.04(C)to read as follows: §154.04 SIGNS REQUIRING A PERMIT. The following signs may be erected or maintained, as shown for each zoning district or land use, only after obtaining a permit from the city and payment of permit fees,providing the standards and restrictions in this section are met. (C) Multi-story building signs. For multi-story buildings;in all zoning districts, building business signs, temporary or permanent, are permitted to be placed above the ceiling of the highest floor only and subject to the following requirements: (1) A multi-story building of four stories or more, not located in an agricultural, sand and gravel, residential, or multi-family residential districts, shall be permitted additional building signs in addition to any signs otherwise permitted by this chapter. (2) The additional building signs shall be a maximum of four signs with each sign not to exceed two square feet of sign area for each 1,000 square feet of gross floor area of the building. (3) The four additional building signs shall not be located upon the same side of the building(one additional building sign on a single side of the building). 2 (4) The four additional building signs shall be identical in all respects. (5) The four additional building signs shall not extend above the highest outside wall or below the floor of the highest story of the building. (6) The four additional building signs shall not extend across more than 40% of the width of the side of the building upon which it is located or 40% of the height for vertical signs. (7) Identification signs may be attached to the building, subject to the following: (a) Identification signs shall be located no further than 10 feet from the public entrance to which patrons of the identified occupant on the sign shall use as primary access to the occupant. (b) Identification signs shall be located no higher than 4 feet above the top frame of the public entrance door to which patrons of the identified occupant on the sign shall use as primary access to the occupant. The height of the sign is measured from exterior grade to the top edge of the sign. (c) Each identification sign shall be no larger than 8 square feet. Section 5. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.07 (F) to read as follows: § 154.07 SIGN ADMINISTRATION. (F) Variance; conditions to granting. No variance shall be granted unless the Council shall find that either condition (1) and (2) hereinafter set forth exists: (1) All of the following requirements must be met: (a) Special conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures or buildings in the same district; (b) The special conditions and circumstances do not result from the actions of the applicant; (c) A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations; 3 (d) That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district; and (e) The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land. (2) Any proposed signage beyond the maximum square footage permitted would have the primary function of providing a public service. Section 6. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. 1128"a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 7. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any person during regular office hours. Section 8. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 9. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this 1 lth day of January, 2024. Clint Hooppaw, Mayor ATTEST: a.cie Pamela J. Ga k ett r, City Clerk 4 CITY OF APPLE VALLEY ORDINANCE NO. 1128 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 154 OF THE CITY CODE REGULATING SIGNS WITHIN THE CITY The following is the official summary of Ordinance No. 1128 passed by the City Council of Apple Valley on January 11, 2024: Chapter 154 of the City Code is to amend the definition of directional signs to remove reference to sign content,to increase size of on-site directional signs,to remove number and location restrictions of on-site directional signs uses placed solely for occupant's internal operations,to remove the restriction of top story building signs for 4 or more story buildings and add further regulations thereof,and correct typographical error in sign variance provisions. A printed copy of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W.,Apple Valley,Minnesota 55124. 5 AFFIDAVIT OF PUBLICATION CITY OF APPLE VALLEY ORDINANCE NO.1128 STATE OF MINNESOTA )ss COUNTY OF DAKOTA AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,AMENDING Rhonda Herberg being duly sworn on an CHAPTER 154 OF THE oath, states or affirms that he/she is the CITY CODE REGULATING Publisher's Designated Agent of the newspa- SIGNS WITHIN THE CITY per(s)known as: The following is the official summary of Ordinance No. 1128 AV Dakota County Tribune passed by the City Council of Apple Valley on January 11,2024: with the known office of issue being located Chapter 154 of the City Code in the County of: is to amend the definition of direc- DAKOTA tional signs to remove reference to with additional circulation in the counties of: sign content, to increase size of DAKOTA on-site directional signs,to remove number and location restrictions and has full knowledge of the facts stated of on-site directional signs uses below: placed solely for occupant's inter- (A)The newspaper has complied with all of nal operations, to remove the re- the requirements constituting qualifica- striction of top story building signs for 4 or more story buildings and tion as a qualified newspaper as provided add further regulations thereof,and by Minn. Stat.§331A.02. correct typographical error in sign (B)This Public Notice was printed and pub- variance provisions. lished in said newspaper(s) once each A printed copy of the ordinance week, for I successive week(s); the first is available for inspection by any insertion being on 01/19/2024 and the last person during regular office hours insertion being on 01/19/2024. in the office of the City Clerk at the Apple Valley Municipal Center, 7100 14r Street W.,Apple Valley, MORTGAGE FORECLOSURE NOTICES Minnesota 55124. Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage Published y the Dakota County Tribune foreclosure notices: The newspaper complies January 19,2024 with the conditions described in §580.033, 1368203 subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in t ,tier co nty. B : Designated Agent Subscribed and sworn to or affirmed before me on 01/19/2024 by Rhonda Herberg. Va,�� in cg��� Notary Public r*,W r � " DARLENE MARIE MACPHERSON NOTARY PUBLIC-MINNESOTA My CommWm Expires Jan 31.2024 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1368203