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HomeMy WebLinkAbout#170 Sign Ordinances ~ - - x STATE OF MINNESOTA COUPiTY OF RAMSEY VILLAGE OF ARDEN HILLS ORDINANCE NO. ,170 AN ORDINANCE AMENDING ORDINANCE NO. 76, THE SIGN ORDINANCE, BY CHANGING PROVISIONS RELATING TO NON-CONFORMING SIGNS, AMENDING THE VARIANCE PROCEDURE, AND REPEALING ORDINANCE N0. 77. The Village Council of the Village of Arden Hills daes hereby ordain as follows: Section 1. Amendment of Section 10, Ordinance No. 76. ' Section 0 0• Ordinance No. 6, as amen e by Ord. No. 77, is hereby amended in its entirety to read as folZows: - Section 10. Non-Conformin Si ns or Bill- - boards Existing on t e E ective Date o t is - Ordinance. ° (a) Pur ose. It has been brought = to the attention o the Council since the - enactment of thi.s Ordinance in 1964 that = its strict application to non-conforming - signs may result in unnecessary hardship . = in some cases. It is the po.Iicy of the = Council, and was the policy at the time = this Ordinance was originally enacted, = that non-conforming signs and billboards are detrimental to public welfare in that ~ they are unsightly, frequently constitute a traffic hazard, and tenct to depreciate ~ the value of surrounding property. These ~ considerations are particularly true where ; non-conforming signs and billboards are ~ located in residential areas. However, ~ to prevent unnecessary hardship in cases - where the hardship is disproportionate „ - to the benefit to the general welfare ~ accomplished by removing a non-conforming ~ sign or billboard, it is the intention of the Cvuncil to lengthen the period non- conforming siqns or billboards may be maintained and to permit review of particular cases by the Board of Appeals, ° in an advisory cagacity to the Council, upon the standards and by the procedure herein provided. (b) Licensin Procedure and Term. Non-conforming signs and or billboards existing in Arden Hills on the effective date of this Ordinance and those existing in areas added to trie Village after such date may be licensed hereunder, notwith- standing their location, size, or manner of construction, if they are not then ini vi.olation of any other applicable ordinance -1- ' ~ , . , . , 4. , , - , >t..,_... ~ - , . ~ ° , . ~ the provisions of said Ord. No. 99 with respect to the non-conforming provi- sions thereof contained in Section II C thereof, limiting the rebuilding of such structures, change of location, and the like. Section 2. Amendment of Section 14. Section 14 of Ord. No. 76 is hereby amended in its entirety to read as follows: Section 14. Requests for Variances and Appea s. (a) In the event that an appli- cation for a permit or license here- under is denied by the Clerk-Administrator o~Building Inspector for any reason whatsoever, the applicant may then appeal such denial to the Board of Appeals established and acting under the provisions of Ord. No. 99, the Zoning Ordinance. In generai the provisions of the Zoning Ordinance, and particularly Section V D and Section VII thereof, shall govern, with the standards applicable to non-conforming signs and billboards clarified and ~ amplified as provided herein. (b) With respect to non-conforming signs, the Board of Appeals shall particularly consider whether the permit- ted time for removal of the sign has been reasonably sufficient to amortize any possible claim by the applicant for compensation for such removal, and the Board of Appeals may take into considera- tion the benefit to the applicant by his monopoly position in maintaining such sign after it tras become non-conforming, as well as the economic investment of the applicant in the subject sign, the length and nature of leases for the sign, if any, and shall weigh such matters in comparison to the benefit to the general welfare of the Village, and particularly adjacent property-owners, which will result from the immediate removal of the sign. In particular the Board shall consider the Council statement of policy with respect to removal of non-conforming signs and billboards as contained in Section 10 amended hereof, 6 (c) The report of the Board to the Planning Commission shal:l be made in writing within sixty (60) days after the date of receipt of the matter by the Board of Appeals, unless the applicant agrees to an extension of such time. The ~°eport of -3- t~ ~ ~ i - , ~ ~ , , . . . . . . ; _ . ; ~ . op ~ ~ s the Board may include reference to any relevant matters influencing its recom- mendation and may also include, if the Board sees fit, a proposed additional licensing period to prevent unnecessary hardship and loss to the applicant. (d) Following report by the Board of Appeals and the Planning Commission as provided herein by the Zoning Ordinance the Council after any additional investigation or a hearing that it deems appropriate, shall act upon the application by granting or denying it, or by granting such extended license period as may appear equitable in view of the recommendations of the Board and the Planning Commission and all the facts and circumstances of the case. The action of the Council thereon shall be gaverned by the standards set forth ; in the aforesaid Zo ing Ordinance and the other standards set~'erein, to the end that the public welfare shall be properly - promoted and safeguarded, but with proper consideration for the rights of the . applicant. ! Section 3. Ordinanee No. 77 Re ealed. Ord. No. 77 is hereby repealed, ef ective on the date hereof. Section 4. Effective Date. This Ordinance shall take ' effect an e in orce rom an after its passage and publica- tion according to law. Passed by the Council of Arden Hills this day of , 1973. Henry J. Crepeau, Jr., Mayor Attest: C arlotte McNiesh ` Acting Clerk-Administrator -4- I~ , '.ys._....~_,',-...~ ..s ,,'.a..e.i.... . a - i ,nw•~ ; . ,rii- o _ ~ . . . ' _ - 9R`17'~. - - t. ,.sv.._t. ".a • STATE OF MINNESOTA are deemed siructures under the provisions of the COUNTY OF RAMSEY Zoning Ordinance, now Ord. No. 99. IT is the intention VILLAGE OF ARDEN HILLS and direcTion of the Council ihat signs and billboards ORDINANCE NO. 170 shall accordingly be sublect to the provisions of said AN ORDINANCE AMENDING ORDINANCE N0. 76, Ord. No. 99 wiTh respect To the non-conforming THE SIGN ORDINANCE, BY CHANGING provisions thereof contained in Section II C thereof, PROVISIONS RELATING TO NON-CONFORMING limiting the rebuilding of such structures, change of SIGNS, AMENDING THE VARIANCE PROCEDURE, location, and the like. AND REPEALING ORDINANCE NO. 77. SecTion 2. Amendmento} Section 14. Section 14 of Ortl. The Village Council of the Village of Arden Hills does No. 76 is hereby amended in iTs enTireTy to read as hereby ordain as follows: follows: Section 7. Amendment ol Section 10, Ordinance No. 76. Section 14. Requests for Variances and Appeals. Section 10 of Ordinance No. 76, as amended by Ord. No. (a) In the evenT That an applicaTion for a permit or 77, is hereby amended in its enTirety to read as follows: license hereunder is denied by ihe Clerk - Adminisirator Section 10. Non•Conforming Signs or Billboards or Building InspecTor for any reason whatsoever, the Existing on the Effective Date of this Ordinance. applicanf may ihen appeal such denial to the Board of (a) Purpose. Ithas been broughito iheatTenTionof the Appeals established and acting under the provisions of Council since the enacTment of ihis Ordinance in 1964 Ord. No. 99, the Zoning Ordinance. In general the fhat its strict application To non-conforming signs may provisions of the Zoning Ortlinance, and particularly result in unnecessary hardship in some cases. I1 is the Section V D and SecTion VI I ihereof, shall govern, with policy of the Council, and was the policy aT The time ihis the standards applicable To non - conforming signs and Ordinance was originally enacted, ihat non-conforming billboards clarified and amplified as provided herein. signsandbillboardsaredeTrimenTal Topublicwelfare in (b) With respect To non-conforming signs, the Board That ihey are unsightly, frequently constitute a iraffic of Appeals shall particularly consider whether the hazard, and tend to depreciate the value of surrounding permitted time for removal of the sign has been property. These considerations are particularly irue reasonably sufficient to amortize any possible claim by where non-conforming signs and billboards are located the applicant for compensation for such removal, and in residential areas. However, to prevent unnecessary the Board of Appeals may Take into consideration the hardship in cases where the hardship is dispropar- benefit to the applicant by his monopoly position in fionafe fo the benefit to the general welfare ac. maintaining such sign after iT has become non- complished by removing a non-conforming Sign or conforming, as well as the economic investment of the billboard, iT is the inTenTion of the Council to lengihen applicant in the subiect sign, the !engih and nafure of the period non-conforming signs or billboards may be leases for the sign, if any, anq shall weigh such matters maintained antl to permit review of parTicular cases by in comparison to ihebenefiTTOthegeneral welfareof the the Boartl of Appeals, in an advisory capaciTy to the Village, and particularly adjacent property-owners, Council, upon the standards and by the procedure which will result from the immediate removal of the herein provided. sign. I n particular the Board shall consider the CounCil (b) Licensing Procedure and Term. Non-conforming statement of policy with respect to removal of non- signs and - or billboards existing in Arden Hills on the conforming signs and billboards as contained in Section effective date of This Ordinance and ihose existing in 10 amendetl hereof. areas added to the Village after such date may be (c) The reporT of the Board to the Planning Com- licensed hereunder, notwithstanding iheir location, size, mission shall be made in writing within sixTy (60) days or manner of construction, ii ihey are not ihen in affer the date of receipi of the matter by the Board of violation of any other applicable ordinance or Appeals, unless the applicanT agrees to an exTension of regulation of Arden Hills or regulations or sTatuTes of such Time. The report of the Board may inclutle the State of Minnesota, but licenses iherefor may be reference to any relevant maTters influencing its granted only on the basis hereinafter set forih. recommendation and may also include, if the Board Applications for licenses for the maintenance of such sees fit, a proposed additional licensing period to signs or billboards shall be made to the Clerk - Ad- prevent unnecessary hardship and loss To the applicant. minisirator within sixty (60) days after the effective (d) Following report by the Board of Appeals and the date of ihis Ordinance or after such annexation to the Planning Commission as provided herein by the Zoning Village. The time for making such application may be OrdinancetheCOUncil after any additional investigation extended by the Council for reasonable cause. or a hearing That it deems appropriate, shall act upon Signs or billboards which do not conform to the iheapplication by granting or denying it, or by granting provisions of ihis Ordinance may be licensed only after such exfended license period as may appear equiTable approval by the Council following consideration by the in view of the recommendations of the Board and the Board of Appeals as provided in Section 14 hereof. All Planning Commission and all the facts and cir- such non-conforming signsand billboards so licensed by cumsTances of the case. 7he action of the Council the Council must ihen be removed by the owner of the thereon shall be governed by the standards set forih in premises upon which such signs are situated by the aforesaid Zoning Ordinance and the other standards December 31, 1974, subject to the variance provisions set for}h herein, to the end ihat the public welfare shall contained in Seciion 14 hereof. be properly promoted and safeguarded, but with praper Each application for licensing a non-conforming sign consideration for the righis of the applicant. or billboard shall be ireated as an application for a Section 7. Ordinance No. 77 Repealed. Ord. No. 77 is variance, and considered by the Board of Appeals and hereby repealed, effective on the date hereW. reported to the Council as provided in Section 14 hereof. Section 4. Effective Date. This Ordinance shall take , Licensing as requested may be denied by the Council, effect and be in force from and after its paesage and either entirely or for a period ending before December publication according to law. ` 31, 1974, or the Council may grant a license for periods Passed by the Council of Arden Hills ihis 261h day of beyond December 31, 1974, all subject fo said variance February, 1973. procedure and the sTandards seT forih therein. In the Henry J. Crepeau, Jr., evenf of any variance granted by the Council for a non- Mayor conforming sign or billboard, however, the variance Aftest: must stipulate a final date for such licensing, after Charlotte McNiesh which date the sign must be removed. AcTing Clerk - Adminisirator - • (c) Damagedor DesTroyed Non-Conforming Signs. As (Bulletin: March 1, 1973) noTed in SecTion 3 of fhis Ordinance, signs or billboards ~ iTAst or auNKGtarA ~ cewwtr oP R+?N"r vFLusN oF As"w HIus noiea~ i a +ms ~t dRWMAMCt MO.1» !M'!s w ~ M r IM i~ AN ORDINANGE AMENDING ORDINA~RICE N0. 76; are dNrnw fMu[ THE SIGN ORDINANCE, BY CHANGING Zoning Ordinanco,-rrovVtiM. Ms. 9y. fL i! 1M MMMI1 PROVISIONS RELATING TO NON-CONFORMING and tlirxtioq W TheEbuncil that signs and bilfbdand5 SIGNS, AMENDING THE VARIANCE PROCEDURE, shall accordingly be subject To the provisiorrs aF said AND REPEALING ORDINANCE NO. 77. Ord. No. 99 wNh respecl to the rroe•conformJng The Village Council M the Vtllage M Arden Nills tloes provisions thereof contairietl in Sedian 11 C Mereof, hereby ordain as follows: limiting the rebuilding Of such structures, change of Section 1. Amendment of Sectioh 10, Ordinance No. 76. location, antl the like. Section 10 of Ordinance No. 76, as amendetl by Ortl. No. SecTioFl 2. Amendment of Section 19. Section 14 W Ord. ' 77, is hereby amended in its entirety to reatl as fotlows: No. 76 is hereby amended in its entirety To read es Section 10. Non-COnforming Signs or Billboards follows: ExisTfng on the Effective Date M this Ordinance. Section 14. Requests for Varianees and A'psals. (a) PurposE. Ithasbeenbroughifotheattentionof the (a) In the event ihat an applic8fiort for a prrmit w Council since the eAactment of this Ordinance in 1964 licensehereunderisdeniedbyTheClerk - Atlministrata' ihat its siricY appliwtion to non-conforming signs may or Building Inspecfor for any reason whatscever, the resulT in unnecessary hartlship in some cases, It Is the applicant may fhen appeal pch denial to the Board of policy of the Council, and was the policy at the time ihis APPeals established and acting under The proviaiom of Ordinance was originally enacted, ihaf non-conforming Ord. No. 99, the Zoning Ordinance. in general the signsandbillbosrtlsaredetrimentalTOpublicWelfarein provisions of the Zoning Ordlnance, and particularly' ihaY ihey are unsighTly, frequently constitute a traffic Section V D and Secfion VI I thereof, shall govern, with hazard, and Tend to depreciate the value of surrounding the standards applicable fo non - conforming signs and property. These constoerations are particularly irue billboards clarified and amplified 85 provided herein. where non-confowming signs and billboartls are IocaTed (b) With respect ro non-conforming signs, the Boerd - in residential areas. However, to prevent unnecessary of Appeals shall particularly consider whether the hardship in cases where the hardship is dispropor- permitted` time for removal of the sign has been tionate to the benefit To ihe general welfare ac- reasonably sufficient fo amoriize any poss(bie claim by complished by removing a non-conforming sign or the applicant for compensatbn for such removal,-and billboard, it is the intention of the Council to IengThen' 1heBOard of Appeals may take into consitleration the the period rromconrorming 5ign5 or billboards may be benefit to the applicant by his monopoly position iA' mainTalned and to permit review of particnler cases by maintaining such sign after it hasI become rwn- The BoaTd of Appeals, in an advisory capacity to the conforming, as well as the economic inJestment of the Council, ilpon the sfandards and by the prbcetlure applicanT in the subject sign, the length and nature of herein provided. leases for the sign, if any, and shall weigh such matters (b) Licensing Procedure and Term. Non-conforming incomparisontoThebenefittoThegeneralwelfareofthe signs and . or billboards existing in Arden Hills on the Village, and particularly adjacenT properTy-owners, effective daTe of This Ordinance and those exisTing in Whieh will resulf frorn the immedlate remoral af, ~ areas added To the Village after such date may be g~• In P~ticulac the Honrti shalf tonsider the C~ntfl' licensedhereunder,nahvifhstandingiheirlocation,size, statement oi policy with respect To removal of non- or manner of consirucTion, if ihey are not then in conform(ng signs and billboards as confained in Sectfon violaTion of any other applicable ordinance or 10 amended hereof. regulation of Arden Hills or regulations or sTatutes of (c) The report W the Board to the Planning Com- The State of Minnesota, buT licenses iherefM may be Mission shall be matle in wfiting wifhin sixty (60) days granted only on the basis hereinafTer set for}h. after the date.of receipT of the maiter by the Board of Applications for licenses for the maintenance of such /+ppeals, unless the applicanT agrees to an extension of signs or billboartls shall be made to the Clerk - Ad- such fime. The report of the Board may include mfnisirator within sixty (60) days after the effective reference fo" any relevant matters inFluencing ifs date of This Ordinance or after such anhexation to the recommentlation aod may a19o include, if the BoBrd Village. The time for making such application may be s¢es fit, epr6posed addifional Ilcensing pdriod to extended by the Council for reasonable cause. prevent unnecessary hardship and loss to the applieeRt. Signs or billboards which Qo not corHOrm To Yhe (d) Followipg report by the Board of Appeais antl the provisions of this Ordinance may be licensed only after Planning Commission as provided herelo by the 2oning approval bY the Council fol lowing consideration by the Ordinance the Council after any additional investigatiCn Bpard of Appeals as provided in Section 14 hereof. AH or a hearing that iT de2ms appropriate, shall act upon suth non-conforming signs and blllboards so licensed by the application by granTing or denying it, or by granting the Council must Then be removed by the owner of the such extended license period as may appear equitable premises upon which such signs are situaTed by In view of the recommendaTions of the Boartl and the December 31, 1974, subject to the variance provisions Planning Commission antl all the faicis ahd cir- contained in Section 14 hereof. cumstances of the case. The actfoo o} the Cauncil Each appllcation for licensing a non-conforming sign ihereon shatl be governed by the standards sef forth in or billboard shall be treaTed as an applicetion for a the aioresafd Zoning Ordinaace aod the ofher stantlnrds variance, and considered by the Board of Appeals and Set forTh hereln, to the end that the public welfere shall reported to the Council as provided in Section 14 hereof. be properly promoted and safeguarded, buT with proper ticensing as requesTed may be denied by the Council, consideration for the rights of the applicant. eifher enfirely or for a period ending before December Secfion 7. Ordinanee No. 77 Repealed. Ord. No. 77 is 31, 1974, or the Council may grant a license for periods hereby repealed, effective on the date bereW. beyond December 31, 1974, all subiect to saitl variance Seetlon 4. EfHedive Date. This QrdinancR shall Talte procedure and the standards set forth iherein. In the effect 8nd be in force from and affer it4 pasSgye and event aF anY variance qraated by the CEwwruil for a non- puDlicatton acCOrding to law. ' conforminq ilgn or b111Mwd, Mwever, 1M wriance Passed by the Council of qYden Hills this 26th d8y of musT sTirulso a fiMl deM br lreA HonrMf, after February, 1973. which daM tho slgn nwO be rMtvved. Henry J. Crepeau, Jr.. AAayor Attest: CharlWte McNiesh AcTing Clerk - Adrrfinigtratpr (6ulFetiYi:MO Mi`J. 11M ~