CR 05-113 Sign Ordinance
CITY OF
August 12, 2005
m
HOPKINS
Council Report 05-113
ORDINANCE AMENDMENTS - SIGN ORDINANCE
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 2005-75, approving the
preamble to proposed Ordinance No. 2005-956, declaring an emergency necessitating the
repeal of the Ordinance No 2005-954 and all previous ordinances regulation the construction
installation and maintenance of signs in the Citv of Hopkins and approving the preamble to
proposed ordinance No. 2005-955, declaring an emergencv necessitating the adoption of a
~Qllli2rchensive, constitutionally-soun] ordinance regulation the construction, installation,
a.ld maintenance of signs in the Citv of Hopkins.
Overview.
A lawsuit was filed against the City of Hopkins challenging the constitutionality of the sign
ordinance. This is the Advantage Media, L.L.C., et a!. vs. City of Hopkins lawsuit. On July
29,2005, U.S. District Court Judge Michael Davis issued a preliminary injunction preventing
the City from enforcing the sign ordinance while the injunction is in place. On August third
the City Council instituted an emergency interim ordinance on regulating signs. The interim
ordinance will not allow a sign to be erected over six square feet for the period of the interim
ordinance.
A new sign ordinancc is being proposcd to comply with the issues that Judge Davis had with
thc old sign ordinance.
Primarv Issues to Consider.
. What are the major differences between the proposed sign ordinance and the previous
sign ordinance?
. When will thc proposcd sign ordinance become effective?
Supporting Documents.
. Analysis oflssues
. Resolution 2005- 7 5
. Ordinance 2005-955
. Ordinance 2005-956
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ndcrson, AICP
Financial Impact: $ N/A Budgeted:
Rclated Documents (eIP, ERP, etc.):
i Notes:
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Source:
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Primary Issues to Consider.
. What are the major differenees between the proposed sign ordinance and the
previous sign ordinance?
The proposed sign ordinance defines signs by the way they are constructed; there are no
temporary signs and off premise signs permitted.
. When will the proposed sign ordinance become effective?
Because the ordinance is an emergency ordinance, it will become effective when it rs
approved by the City Council.
Altematives.
1. Approval of the new sign ordinance. By approving the new sign ordinance, there will be
a new sign ordinance.
2. Deny the new sign ordinance. By denying the new sign ordinance. the City will not have
" sign ordinance If the City Council considers this alternative, findings will have to be
identified that support this alternative.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTIOl'i NO. 2005-75
A RESOLUTION APPROVING THE PREAMBLE TO PROPOSED ORDINANCE NO.
2005-956 DECLARING AN EMERGENCY NECESSITATING THE REPEAL OF THE
ORDI1\ANCE NO. 2005-954 AND ALL PREVIOUS ORDINANCES REGULATING THE
CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIGNS IN THE CITY
OF HOPKINS Al\D APPROVING THE PREAMBLE TO PROPOSED ORDINANCE
NO. 2005-955 DECLARING AN EMERGENCY NECESSITATING THE ADOPTION OF
A COMPREHENSIVE, CONSTITUTIONALLY SOUND ORDINANCE REGULATING
THE CONSTRUCTION, INST ALLA TION AND MAINTENANCE OF SIGNS IN THE
CITY OF HOPKINS.
WHEREAS, the City Council previously has adopted ordinances regulating the
construction, installation and maintenance of signs located in both commercial and residential
areas of Hopkins (the "Sign Ordinances"), and;
WHEREAS, a lawsuit was filed against the City of Hopkins (Advantage Media, L.L.C.,
(t HI. ,. City of Hopkins, U.S. Dist. Ct. File No. 04-04959, hereafter, the "Lawsuit") challenging
the constitutionality of the Sign Ordinances and, on July 29, 2005, U.S. District Court Judge
Michael Davis issued a preliminary injunction in the Lawsuit preventing Hopkins il'om enforcing
the Sign Ordinances while the injunction was in place, and;
WHEREAS, as a result of'the injunction, Hopkms was without any regulation regardmg
thc size and location of signs, the number of signs that might be permitted on a property and the
types ofmatenals from which signs can be constructed, and;
WHEREAS, pursuant to Section 3.03 Subd. 4 of the Hopkins Charter, the City Council
on August 3, 2005, adopted Ordinance No. 2005-954, an emergency interim ordinance to
regulate the construction, installation and maintenance of signs in Hopkins while a
comprehensive, constitutionaJ1y sound sign ordinance could be drafted, and:
WHEREAS, the City Council has reviewed proposed Ordinance No. 2005-956, an
emergency ordinance repealing Ordinance No. 2005-954, and repealing Ordinance No.
77-429, the ordinance in place as of July 29,2005, that regulated signs in the City of Hopkins,
and the City Council hereby adopts and approves the preamble in Section I of Ordinance No.
2005-')56 which declares that the lack ofa comprchensive, constitutionally sound sign ordinance
conslitu.es an emergency, and;
WHEREAS, the City Council has reviewed proposed Ordinance No. 2005-955, an
emergency ordinance adopting a new ordi nance to regulate the construction, installation and
maintenance of signs in the City of Hopkins, and the City Council hereby adopts and approves
the preamble in Section 1 of Ordinance No. 2005-956 which declares that the lack of a
comprehensive, ,constitutionally sound sign ordinance constitutes an emergency.
NOW, THEREFORE, the City Council hereby resolves that the lack of a comprehensive,
constitutionally sound ordinance regulating signs in the City of Hopkins constitutes an
emergency and adopts and approves the preambles in proposed Ordinance Nos. 2005-956 and
2005-955 and declares that the lack of a comprehensive, constitutionally sound sign ordinance
consti tutes an emergency.
August 16, 2005
Eugene J. Maxwell, Mayor
i\ TTEST.
TelTY Obelmaier, City Clerk
APPROVED AS TO FORM AND LEGAUTY:
City Attorney Signature
August 16, 2005
Date
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2005-955
AN EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE
HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND FOR REGULATING
THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIGNS.
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 570 - Signs
Section 570.01. Emergency Declaration.
The City Council finds that the lack of a comprehensive, constitutionally sound ordinance
regulating signs in the City of Hopkins constitutes an emergency threatening public health, safety
and welfare because, among other concerns, (I) signs could be erected without regard to the
manner in which the size or location of the sign or signs interferes with traffic sight lines,
endangering or distracting drivers and pedestrians alike, thereby causing traffic hazards and; (2)
signs could be constmcted in a manner or from such materials as are structurally unsound
vulnerable to collapse, endangering persons or property in the vicinity of the signs.
570.03 Purpose and Findings. The purpose and findings of this sign ordinance are as follows:
Subd. t. Purpose. This sign ordinance is intended to establish a comprehensive and balanced
system of sign control that accommodates the need for a well-maintained, safe, and attractive
community, and the need for effective communications including business identification. It is the
intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the
community by regulating signs that are intended to communicate to the public, and to use signs
which meet the city's goals by authorizing:
a) signs which establish a high standard of aesthetics;
b) signs which are compatible with their surroundings;
c) signs which arc designed, constructed, installed and maintained in a manner that does
not adversely impact public safety or unduly distract motorists;
d) signs which are large enough to convey the intended message;
e) signs that are proportioned to the scale of, and are architecturally compatible with,
principal structures;
f) signs which give preference to the on-premise owner or occupant; and
g) signs which create and maintain high quality business and industrial districts.
Subd. 2. Findings. The city of Hopkins finds it is necessary for the promotion and preservation of
the public health, safety, welfare and aesthetics of the community that the construction, location,
size and maintenance of signs be controlled. Further, the city finds:
a) it necessary to revoke its prior sign ordinance and to enact a new contcnt neutral
sign ordinance. The city does not intend to enact the prior sign ordinance;
b) signs have a direct impact on and relationship to the image of the community;
c) the manncr of installation, location and maintenance of signs affects the public
health, safety, welfare and aesthetics of the community;
d) strong, well-maintained nelghborhoods protect people's investments in property
and foster a positive economic development climate;
e) an opportunity for viable identification of community businesses and institutions
must be established;
f) the safety of motorists, cyclists, pedestrians and other users of public streets and
property is affected by the number, size, location and appearance of signs that unduly divert the
attention of drivers;
g) installation of signs suspended from, projecting over, or placed on the tops of
.buildings, walks or other structures may constitute a hazard during periods of high winds and an
obstacle to effective fire-fighting and other emergency service;
h) uncontrolled and unlimited signs adversely impact the image and aesthetic
attractiveness of the community and thereby undermine economic value and growth;
i) uncontrolled and unlimited signs, particularly temporary signs which are
commonly located within or adjacent to public nght-of-way or are located at driveway/street
intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates
a hazard to drivers and pedestrians and also adversely impacts a logical flow of information;
j) commercial signs are generally incompatible with residential uses and should be
strictly limited in residential zoning districts;
k) the right to express noncommercial opinions in any zoning district must be
protccted, subject to reasonable restrictions on size, height, location and number;
I) studies have shown off-premise signs affect property values. For example, a
study in Pittsburgh, P A found property va,ues rose as much as 255 percent after the removal of
nearby billboards'
m) studies have shown cities who have adopted stricter billboard controls and/or bans
on ncw billboard construction have shown steady growth in certain businesses. For example:
1. In Williamsburg, VA, sales for eating and drinking establishments grew from
$48 million in 1988 to $81 million in 1992, three years after billboard controls
were toughened. In 1991 alone, total retail sales rose 44 percent despite an
ongoing recession.
2. In Raleigh, NC, sales for eating and drinking establishments rose from $243
million in 1989, before billboard control, to $307 million in 1992, after controls
were introduced, a rise of more than 25 percent.
3. The total retail sales in Houston, TX, grew over 100 percent from $9 billion in
] 981, the year after the Houston City Council prohibited new billboard
construction, to about $19 billion in 1992. For eating and drinking establishments
alone, the total rose from $908 million in 1981 to $2.1 billion in 1992.
n) Sign control is good for tourism. For example:
1. Vermont took down its last billboard in 1975. From 1976 to 1978, tourism
revenues increased by over 50 percent. According to Christopher Barbieri, past
President of the Vennont Chamber of Commerce, "Although there was some
initial sensitivity that removing billboards might hurt tourism, it has had the
opposite effect. Tourism is up for all businesses large and small."
2. Vermont County Store founder Lyman Orton said: "The billboard ban provided
not only a level playing field for all of us, it opened the roadways to scenic vistas
and created more than compensating publicity. The absence of billboards in
Vermont is the best billboard for all of the tourist business."
3. Many prime tourist destinations all prohibit new billboard construction even as
their tourism revenues keep rising: Palm Springs and Big Sur, California; Key
West, Florida; Martha's Vineyard, Massachusetts; Kitty Hawk and Nags Head,
North Carolina; South Padre Island, Texas; Santa Fe, New Mexico; Aspen and
Boulder, Colorado; Holland, Michigan; and Portland, Oregon.
4. Alaska, Hawaii, Maine and Vermont all prohibit billboards statewide and still
draw people from around the world to their scenic wonders. The Hawaii
Department of Transportation commented that "Tourism is important to the
economy of our state and the state's business community understands the need to
protect and preserve the beauty of the islands."
0) It is important to protect th~ right ofbusincss to identify its premise and advertise
its products through the use of signs without undue hindrance or obstruction.
570.03. Findings, purpose and effect.
Subd. I. Findings. The city council hereby finds as follows:
a. Exterior signs have a substantial 1111 pact 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 traffic hazards, aesthetic concerns and detriments to property
values, thereby threatening the public health, safety and welfare.
d. The city's zoning regulations have, since as early as 1966, included the
regulation of signs in an effort to provide adequate means of expression and to
promote the economic viability of the 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 regulation of the
physical characteristics of signs within the city has had a positive impact on
traffic safety and the appearance of the community.
Subd. 2. Purpose and intent. It is not the purpose or intent of this sign ordinance to
regulate the message displayed on any sign; nor is it the purpose or intent of this article 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 and inteht of this article 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. Maintam, enhance and improve the aesthetic environment of the city by
preventing visual clutter that is harmflll to the appearance of the community.
c. 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.
d. Provide for fair and consistent enforcement of the sign regulations set for
herein under the zoning authority of the city.
Subd. 3. Effect. A sign may be erected, mounted, displayed or maintained in the city ifit
is in confomlance with the provisions of these regulations. The effect of this sign
ordinance, as more specifically set forth herein, is to:
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 sign
ordinance.
b. Allow certain small, unobtrusive signs incidental to the principal use of a site in
all zones when in complia!:ce with the requirements of this sign ordinance.
c. 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 and the
public health, safety and welfare.
d. PrO\ide for the enforcement of the provisions of this sign ordinance.
570.05. Severabilitv.
If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason
held to bc invalid, such decision shall not affect the validity of the remaining portions of this
Sign Ordinance. The City Council hereby declares that it would have adopted the Sign
Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid.
570.07. Definitions. Subdivision I. The following words and terms, when used in this Section,
shall have the following meanings, unless the context clearly indicates otherwise:
Subd. 2 "Abandoned sign" - any sign and/or its supporting sign structure which remains without
a message or whose display surface remai'ls blank for a period of one (1) year or more, or any
sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have
been abandoned. Signs applicable to a business temporarily suspended because of a change in
ownership or management of such business shall not be deemed abandoned unless the property
remains vacant for a period of one (1) yea," or more. Any sign remaining after demolition of a
principal structure shall be deemcd to be abandoned. Signs which are present because of being
legally established nonconforming signs or signs which have required a conditional use permit or
a variance shall also be subject to the definition of abandoned sign.
Subd. 3 "Awning" - a roof-like cover, often of fabric, plastic, metal or glass designed and
intended for protection fi'om the weather or as a decorative embellishment, and which projects
fi'om a wall or roof of a structure primarily over a window, walk, or the like. Any part of an
awning which also projects over a door shall be counted as an awning.
Subd. 4 "Awning sign" - a building sign or graphic printed on or in some fashion attached
directly to the awning material.
Subd. 5 "Balloon sign" - a sign consisting of a bag made of lightweight material supported by
helium, hot, or pressurized air which is greater than twenty-four (24) inches in diameter.
Subd. () "Budding" - any structure used or intended for supporting or sheltering any use or
occupancy.
Subd. 7 "Building sign" - any sign attached or supported by any structure used or intended for
suppol1ing or sheltering any use or occupancy.
Subd. 8 "Cabinet sign" - any wall sign that is not of channel or individually mounted letter
construction.
Subd. 9 "Canopy" - a roof-like cover, often of fabric, plastic, metal, or glass on a support, which
provides shelter over a doorway.
Subd. 10 "Canopy sign" - any sign that is part of or attached to a canopy, made of fabric, plastic,
or structural protective cover over a door or entrance. A canopy sign is not a marquee and is
di fferent from service area canopy signs.
Subd. 11 "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 ofthe sign.
Changeable copy signs do not include signs upon which characters, letters or illustrations change
or rearrange only once in a 24-hour period.
Subd. 12 "Commercial Speech" - speech advertising a business, profession, commodity, service
or entertainment.
Subd. 13 "Elevation" - the view of the side, front, or rear of a given structure(s).
Subd. 14 "Elevation area" - the area of all walls that face any lot line.
Subd. 15 "Erect" - activity of constructing, building, raising, assembling, placing, affixing,
attaching, creating, painting, drawing or any other way of bringing into being or establishing.
Subd. 16 "Flag" - any fabric or similar lightweight material attached at one end of the material,
usually 10 a staff or pole, so as to allow movement of the material by atmospheric changes and
WhiCh contains distinctive colors. patterns, symbols, emblems, insignia, or other symbolic
devices.
Subd. 17 "Flashing sign" - a directly or indirectly illuminated sign which exhibits changing light
or color effect by any means, so as to 1'1'0\ ide intermittent illumination which includes the
illllslOn ofintermittcnt f1ashing light by means of animation. Also any mode of lIghting which
resembles zooming, tWll1kling, or sparkling.
Subd. 18 "Freestanding sign" - any sign ",hich has supporting framework that is placed on, or
anchored in, the ground and which is independent from any building or other structure.
SlIbd. 19 "Frontage" - the line of contact of a property with the public right-of-way.
Subd. 20 "Grade" - grade shall bc construed to be the final ground elevation after construction.
Earth mounding criteria for landscaping and screening is not pari of the final grade for sign
height computation.
Subd. 21 "Ground sign" - any freestanding sign with its sign face mounted on the ground or
mounted on a base at least as wide as the sign and which has a total height not exceeding eight
(3) feet.
Subd. 22 "Height of sign" - the height of the sign shall be computed as the vertical distance
measured from the base of the sign at grade to the top of the highest attached component of the
sIgn.
Subd. 23 "Hotel, motel, motor hotel" - any building or combination of buildings contained six or
morc rooms used for sleeping purposes b) guest on a transient basis.
Subd. 24 "llluminated sign" - any sign which contains an element designed to emanate artificial
light internally or externally.
SlIbd. 25 "Interior sign" - a sign which is located within the interior of any building, or within an
enclosed lobby or court of any building, and a sign for and located within the inner or outer
body, court or entrance of any theater.
SlIbcl. 26 "Issuing Authority" - the City of Hopkins Department of Economic Development and
Plannll1g
Subd. 27 "Legally established nonconfornling sign" - any sign and its support structure lawfully
erected prior to the effective date of this ocdinance which fails to conform to the requirements of
tillS ordinance. A sign which "as erected in accordance with a variance granted prior to the
adoption of this ordinance and which does not comply with this ordinance shall be deemed to be
a legal nonconforming sign. A sign which was unlawfully erected shall be deemed to be an
illegal sign.
Subd. 28 "Marquee" - any permanent roof~Iike structure projecting beyond a theater building or
extending along and projecting beyond the wall of that building, generally designed and
constructed to provide protecllon ii'om the weather.
SlIbd. 29 "Marquee sign" - any building slgn painted, mounted, constructed or attached in any
manner, on a marquee.
Subd. 30 "Monument sign" - any freestanding sign with its sign face mounted on the ground or
mounted on a base at least as wide as the sign and which has a height exceeding eight (8) feet.
Subd. 31 "Multiple tenant site" - any site which has more than one (1) tenant, and each tenant
has a separate ground level exterior public entrance.
Subd. 32 "Non-commercial speech" u dissemination of messages not classified as Commercial
Speech which include, but are not limited to, messages concerning political, religious, social,
ideological, public service and informational topics.
Subd. 33 "Off-premise sign" -- a commercial speech sign which directs the attention of the public
to a business, activity conducted, or product sold or offered at a location not on the same
premises where such business sign is located. For purposes of this sign ordinance, easements
and other appurtenances shall be considered to be outside such platted parcel ofland and any
sign located or proposed to be located in an easement or other appurtenance shall be considered
an otT-premisc sign.
SlIbd. 34 "On-premise messages" - identify or advertise an establishment, person, activity,
goods, products or services located on the premises where the sign is installed.
Subd. 35 "Parapet (wall)" - that portion of building wall that rises above the rooflevel.
Subd. 3l) .'Pole sign" - see Pylon Sign.
Subd. 37 "Portable sign" - any sign which is manifestly designed to be transported, including by
trailer or on its own wheels, even though the wheels of such sign may be removed and the
remaining chassis or support is converted to another sign or attached temporarily or pennanently
to the ground since this characteristic is based on the design of such a sign.
Subd. 38 "Porte cochere" - a roofed structure or roof-like cover, extending from the entrance of a
building and which provides shelter over a doorway.
Subd. 39 "Principal building" - the building in which the principal primary use of the lot is
conducted. Lots wIth multiple principal uses may have multiple principal buildings, but storage
buildings, garages, and other clcarly accessory uses shall not be considered principal buildings.
Subd. 40 "Projecting sign" - any sign which is affixed to a building or wall in such a manner that
its leading edge extends more thall two (2) feet beyond the surface or such building or wall face.
Subd. 41 "Property owner" - legal owner of property as officially recorded by Hennepin County.
Subd. 42 "Public notices" - official notices posted by public officers, employees or their agents
i:llhc Jlcrtonnance of their duties, or as directed by such officers, employees or agents.
Subd. 43 "Public street right-of-way" - the planned nght-of-way for a public street.
Subd. 44 "Pylon sign" - any freestanding sign which has its supportive structure(s) anchored in
the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with
tile area below the sign face open.
Subd. 45 "Residential district" - any district zoned for residential uses.
Subd. 46 "Roof' - the exterior surface and it supporting structure on the top of a building or
structure. The structural make-up of which conforms to the roof structures, roof construction and
roof covering sections of the Uniform Building Code.
Suhd. 47 "Roofline" - the upper-most edge of the roofor in the case of an extended facade or
parapet, the upper-most height of said facade.
Subd. 48 "Roof sign" - any sign erected and constructed wholly on and above the roof of a
building, supported by the roof structure, and extending vertically above the highest portion of
the roof
Subd. 49 "Roof sign, integral" - any buildmg sign erected or constructed as an integral or
essentIally integral pm1 ofa normal roofscructure of any design, so that no part of the sign
extends vertically above the highest portion of the roof and so that no part of the sign is separated
frol11 the rest of the roof by a space of more than six (6) inches.
Subd. 50 "Rotating sign" - a sign or portion ofa sign which turns about on an axis.
Subd. 51 "Setback, front" - the minimum horizontal distance pennitted between the public right-
of-way and a structure on the premises. In instances in which a property fronts on more than one
(1) street, front setbacks are required on all street frontages.
Subd. 52 "Sctback, rear" - the minimum horizontal distance permitted between the property line
(,ppOSile the principal street frontage and a structure on the premises.
Subci. 53 "Setback, side" - the minimum horizontal distance pennitted between the side lot line
and a structure on the premises.
Subd. 54 "Shimmering signs" - a sign which reflects an oscillating sometimes distOlied visual
Image.
Subd. 55 "Sign" - any letter, word or symbol. poster, picture, statuary, reading matter or
represel1\ation in the nature of advertisement, announcement, message or visual communication,
whether painted, posted, printed, affixed or constructed, including all associated brackets, braces,
suppolis, wires and structures, which is displayed for informational or communicative purposes.
Subd. 5() "Sign face" - the surface of the sign upon, against, or through which the message of the
sign IS exhibited.
Subd. 57 "Sign structure" - any structure including the supports, uprights, bracing and
framcwork which supports or is capable of supporting any sign.
Subd. 58 "Site" - a plot or parcel of land, or combination of contiguous lots or parcels of land,
which are intended, designated, and/or approved to function as an integrated unit.
Subd. 59 "Stringer" - a line of string, rope, cording, or an equivalent to which is attached a
number of pennants.
Subd. 60 "Suspended sign" - any building sign that is suspended from the underside of a
horizontal plane surface and is connected to this surface.
Subd. 61 "Total site signage" - the maximum penmtted combined area of all freestanding and
wall identification signs allowed on a specific property.
Subd. 62 "Visible" - capable of being seen by a person of normal visual acuity (whether legible
or not) without visual aid.
Subd. 63 "Wall" - any structure which defines the exterior boundaries or cOlllis of a building or
structure and which has a slope of sixty (60) degrees or greater with the horizontal plane.
Subd. 64 "Wall sign" - any building sign attached parallel to, but within two (2) feet ofa wall,
painted on the wall surface of, or erected and confined within the limits of an outside wall of any
building or structure, which is suppOlied by such wall or building, and which displays only one
(I) sign surface.
Subd. 65 "Window sign" - any building sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity, event, sale, or service, that
is placed inside a window or upon the window panes or glass and is visible from the exterior of
the window.
570.09. Permit required.
No sign shall be erected, altered, reconstructed, maintained or moved m the city without first
securing a permit fi'om the city. The content of the sign shall not be reviewed or considered in
detemlining whether to approve or deny a sign permit. Application for a permit shall be in
writing addrcss~d to the issuing authority and shall contain the following information:
a. names and addresses of the owners of the display structure and property;
b. the address at which any signs are to be erected;
c. the lot, block and addition at which the signs are to be erected and the street on
which they are to front;
d. a complete set of plans showing the necessary elevations, distances, size and
details to fully and clearly represent the construction and place of the signs;
e. the cost of the sign;
f. type of sign (i.e. wall sign, monument sign, etc.);
g. certification by applicant indicating the application complies with all
requirements of the sign ordinance; and
h. if the proposed sign is along state trunk highway or interstate highway, the
application shall be accompanied by proof that the applicant has obtained a permit
from the state for the sign.
The lssuing authority shall approve or deny the sign permit in an expedited manner no more than
30 days [rom the receipt ofthe complete application, including applicable fee. All pelmits not
approved or denied within 30 days shall be deemed approved. If the permit is denied, the issuing
authority shall prepare a written notice of within 10 days its decision, describing the applicant's
appeal rights under Section 525.15, and send it by certified mail, return receipt requested, to the
applicant.
570.11. Exemptions.
The following signs shall not require a permit. These exemptions, however, shall not be
construed as relieving th~ owner of the sign from the responsibility of its erection and
maintenance, and its compliance with the provisions of this ordinance or any other law or
ordinance regulating the same.
a. The changing of the display surface on a painted or printed sign only. This
exemption, however, shall apply only to poster replacement andlor on-site
changes involving sign painting elsewhere than directly on a building.
b. Signs six (6) square feet or less in size.
570.\. r,'e~s.
SIgn permit fees are set by Chapter X.
570.15. Repairs.
Any sign located in the city which may 1101'1' be or hereafter become out of order, rotten or
unsare, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or
movcd contrary to the provisions of this section, shall be removed or otherwise properly secured
in accordance with the terms of this section by the owners thereof or by the owners of the
grounds on which said sign shall stand, upon receipt of proper notice so to do, given by the
issuing authority. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance
with the provisions of this section and upon a permit issued by the issuing authority.
570.17. Removal.
]n the event of the failure of the owner or person, company or corporation having control of any
sign, or the owner of the ground on which the sign is located, to remove or repair said sign
within 60 days after the use is tcrminated, a notice shall be given pursuant to subsection 430.09
and the slgnmay be removed by-the city at the expense of the owner or manager of the sign, or
(ole owncr of the ground upon which the sign stands.
570.19. Violations.
Violation of this section is a misdemeanor. Each day that the violation yontinues is a separate
offense.
570.21. Size.
No sign shall exceed 250 square feet in area.
570.23. Regulations.
Subd. l. Gcneral. Except as hereinafter provided, no signs shall be erected or maintained at any
angle to a building or structure which sign extends or projects over the sidewalk, street or
highway No sign which is erected or maintained flat against any building or structure shall
cxtend or project more than fifteen inches over the sidewalk, street or highway.
Subd. 2. Exceptions. The provisions of this subsection do not prohibit:
a. the erection and maintenance of signs, either illuminated or unilluminaled, which
are on the sides of a marquee which is firmly attached to and a part of a theatre or
other building, providing such signs are an integral part of the marquee and do not
project above or below the marquee; or
b. the erection and maintenance of signs, not illuminated, which are attached to the
marquee and which do not project more than 16 inches above the marquee.
570.25. Below marquec.
No sign, either illuminated or llnillllminatcd, may project below a marquee.
570.27 Elcctrical signs.
Electrical signs must be installed in accordance with the current electrical code and a separate
permit from the building official must be obtained prior to placement.
570.2<). Unauthorized signs.
The following signs arc unauthorized signs:
a. Any sign, signal, marlong or device which purports to be or is an imitation of or
resembles any official traffic control device or railroad sign or signal, or
emergcncy vehicle signal, or which attempts to direct the movement of traffic or
which hides from view or interferes with the effectiveness of any official traffic-
control device or any railroad sign or signal.
b. All 0 ff-premise signs.
c. Signs painted, attached or in any other manner affixed to trees, rocks, or similar
natural smfaces, or attached to public utility poles, bridges, towers, or similar
public structures.
d. Portable signs.
e. Changeable copy signs.
570.31. Setbacks.
Subd. I. Yards. Signs shall conform to building yard regulations for the zoning district in which
thc signs are located except as otherwise specified in this section.
B-1 B-2 B-3 B-3 Residential
Abutting
County Road
Front Yard la' j' 1 ' 10' 5'
Sldc Yard 5' 0' 0' 5' 5'
Rear Yard 5' 5' la' la' 5'
I-I 1-2
Front Yard 10' 10'
Side Yard 10' 10'
Rear Yard 10' 10'
Rear Yard - abutting R District 20' 20'
570.33. Area.
The area within the frame shall be used to calculate the square footage except that the width of a
Irame exceeding 12 inches shall constitute sign face, and if such letters or graphics be mounted
directly on a wall or fascia or in such way as to be without a frame the dimensions for calculating
the square footage shall be the area extending six inches beyond the periphery formed around
such letters or graphics in a plane figure bounded by straight lines connecting the Ol\termost
points thereof. Each surface utilized to display a message or to attract attention shall be
measured as a separate sign and shall be calculated in the overall square footage. Symbols, flags,
pictures, wording, figures or other f0I111S of graphics painted on or attached to windows, walls,
awnings, free-standing structures, suspended by balloons, or kites or on persons, animals, or
\ ehicles arc considered a sign and arc illcluded in calculating the overall square footage.
570.35. Canopies, marquees and fixed awnings.
Canopies, marquees and fixed awnings are an integral part of the structure to which they are
attached. They are allowed in the Business and Industrial Districts if they meet following
requirements and the applicable square footage requirements.
a. an awning, canopy or marquee may not project into the public right-of-way nearer
than 30 inches to the street curb or curb line;
b. awnings, canopies or marquees may have no part of the structure other than
supports nearer the ground surface than seven feet;
c. the architectural style of the awning, canopy or marquee may be consistent wIth
the bui lding being served;
d. awnings, canopy or marquees projecting into the required yards may not be
enclosed except with a transparcnt material pemlitting through vision; and
e. awnings, canopies or marquees built over the public right-of-way must be
included in a hability insurance policy holding the city free of all responsibility.
570.37. [Ilumination
External illumination for signs shall be so constructed and maintained that the source of light is
not visible from the public right-of-way or residential property.
570.39. Height.
The top ofa sign, including its superslt"L1cture, ifany, shall be no higher than the roofofthe
bl\itding to which such sign may be attached or 35 feet above ground level, whichever height IS
less; except that the height of any changeable sign which is attached to or an integral part of a
functional structure, such as a water tow<or, smoke stack, radio or TV transmitting tower, beacon
or similar structure shall be no higher than such structure. Signs, including any superstructure
standing or erected free of any building or other structure, shall not exceed an overall height of
35 feet from ground level and shall be located on land in an area which is landscaped or if such
land is part of an approved parking area, i1 shall be surfaced or paved as required in the zoning
code.
570A 1. Retroactive affect.
This sign ordinance shall apply to an sign applications applied for and/or pending prior to its
enactment.
570.43. I\on-commercial speech.
Notwithstanding any other provisions of this sign ordinance, all signs of any size containing
Non-Commercial Speech maybe posted from August 1 in any general election year until ten
(10) days following the general election and thirteen (13) weeks prior to any special election
until tcn (] 0) days following the special election.
57UA5. Permitted sic;ns bv district.
Subd. I. Residential Districts
a. Within residential zoning districts, signs are pennitted as follows:
IJIsgi.s:1
R-I, R-2
Maximum si~n are" or slllgle si@
8 square feet per surface
Total area 0 fidl Sl gns
16 square feet
R-3, R-4,
R-5, R-o
12 square feet per surface
24 square feet
b. The following types of signs are not pemlitted in residential zoning districts:
1. Awning signs;
2. Balloon signs;
3. Canopy signs;
4. Flashing signs;
5. Marquee signs;
(5 Pole signs;
7. Pylon signs; and
8 Shimmering signs.
Subd. 2. Business Districts
a. Withll1 business zoning districts, signs are permitted as follows:
District
13-1, B-2
Maximum sign area of single sign
60 square feet
Total area of all signs
2 square feet per front foot
of building abutting a public
right-of-way 50 feet or more
in width.
B-3, 8-4
80 square feet
3 square feet per front foot of
lot (narrowest footage on a
comer lot) abutting public
right-of-way 50 feet or marc
in width.
Subd. 3. Industrial Districts
a. Wi\hm industrial zoning districts, signs are pel111itted as follows:
DIstrict
[-1,1-2
Maximum sign area of single sign
250 square feet
Total area of al1 signs
4 square feet per front foot of
Lot plus 1 square foot per
foot of side yard abutting a
public right-of-way of 50 feet
or more. Least width of
frontage shall be considered
front yard.
570.47. Permitted signs: business park district.
Subd. 1. Wall Signs. Each tenant other than those in multi-tenant buildings may have one flat
wall sign, not extending more than 18 inches from the face of the building, except that such sign
age may extend from the face of the roof over a covered walk. Such wall signs shal1 not exceed
15% of the area of the wall to which the sign is attached, to a maximum 01'96 square feet.
Subd. 2. iVlonuJl1cnt signs. Uses other than those in multi-tenant buildings may have a monument
sIgn thal shal1 not exceed 80 square feet per smface area, and 15 feet in height, and is setback a
minimum 20 feet fro111 the property lJl1es.
Subd. 3. Multi-tenant signs. Each tenant in a multi-tenant building may have a flat wall sign, not
extending more than 18 inches from the face of the building. The aggregate area of such signs
shall not exceed 5% of the area of the wall to wbich they are attached.
Subd. 4. MultHenant monument signs. One monument sign shall be permitted for cacb multi-
tel1<lJ1t building provided the smface area of the sign does not exceed 100 square feet per side, 15
feet in height, and is setback in no case less than 20 feet from the property lines. The area may be
increased to a maximum of 150 square feet per side for developments of over 20 acres.
Subd. 5. Canopies and Awnings. The desisn of canopies shall be in keeping with the overall
buIlding desIgn in tenns of location, size, and color. No canopies with visible wall hangers shall
be permitted. Signage on canopies may be substituted for allowed building signage and shall be
limited to 25% of the canopy area. Intemally illuminated canopies must be compatible with the
overall color scheme of the buildll1g.
570.4'1. Non-conforming signs: comohance.
It is recognized that signs exist within the zoning districts which were lawful before this sign
ordinance was enacted, which would be prohibited, regulated or restricted under the terms of this
chapter or future amendments. It IS the intent of this sign ordinance that nonconforming signs
shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs
or uses prohibited elsewhere in the same district. It is fmiher the intent of this sign ordinance to
permit legal nonconforming signs existing on the effective date of this sign ordinance, or
amendments thereto, \0 continue as legal nonconforming signs provided such signs are safe, are
maintained so as not to be unsightly, and have not been abandoned or removed subject to the
fol1owing provisions:
a. No sign shall be enlarged or altered in a way which increases its nonconformity.
b. Should such sign or sign structlIre be destroyed by any means to an extent greater than fifty
(50) percent of Its replacement cost and no building permit has bcen applied for within ISO days
of whell the property was damaged, 1\ shall not be reconstructed except in conformity wIth the
provIsIons oCthis ordinance.
c. Should such sign or sign structure be moved for any reason for any distance whatsoever, it
shall thereafter conform \0 the regulations for the zoning district in which it is located after it is
tlltyvcd.
d. No existing sign devoted to a use not permitted by the zoning code in the zoning district in
which it is located shall be enlarged, extended or moved except in changing the sign to a sign
permitted in the zoning district in which is it located.
c. When a structure loses its nonconfol1ning status all signs devoted to the structure shaIl be
rellloved and all signs painted directly on the structure shall be repainted in a neutral color or a
color which WIll harmonize wIth the structure.
570.5\. SubstitutIOn Clause.
The owner of any SIgn which is otherwise allowed by this sign ordinance may substitute non-
commercial copy in tieu of any other com:llercia\ or non-commercial copy. This substitution of
copy may be made without any additional approval or permitting. The purpose of this provision
is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or
favoring of any partIcular non-commercial message over any other non-commercial message.
This provision prevails over any more specific provision to the contrary.
570.53. Effective Date.
Pursuant to Section 3.m Subd. 1 of the Hopkins Charter, this Emergency Ordinance shall
be effective Immediately.
Date Ordinance Takes Effect:
August 16, 2005
Eugene J. Maxwell, Mayor
;\ TTES r:
Terry ObermalCr, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
August 16, 2005
Date
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2005-956
AN EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE
HE ~L TH, SAFETY, AND WELFARE OF CITY RESIDENTS AND FOR REPEALING
THE EXISTING EMERGENCY INTERIM ORDINANCE REGULATING THE
CO:"STRliCTlON, INSTALLATION AND MAINTENANCE OF SIGNS AND ALL
PREVIOUS ORDINANCES REGULATING THE CONSTRUCTION, INSTALLATION
AND MAINTENANCE OF SIGNS.
THE CITY COUNCIL OF THE CITY or HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Preamble Declaring Emergenev.
1.0] The City Council finds that the lack ofa comprehensive, constitutionally sound ordinance
regulating signs in the City of Hopkins constitutes an emergency threatening public health, safety
and wcl Fare because, among other concerns, (1) signs could be erected without regard to the
manner in whIch the si7c or location of the sign or signs interferes with traffic sight lines,
endangenng or distractll1g drivers and pedestrians alike, thereby causing traffic hazards and; (2)
signs could bc constructed in a manncr or from such materials as are structurally unsound
vulnerable to collapse, endangering persons or property in the vicinity of the signs.
Section 2, Findings.
2.01 A lawsuit was jJ]ed against the City of Hopkins (Advantage Media. L.L.c" et a!. v.
Citv of Hopkins, U.S. Dist. Ct. File No. 04-04959, hereafter, the "Lawsuit") challenging the
constitutionality of the Sign Ordinances and, on July 29, 2005, U.S. District Court Judge Michael
Davis issued a preliminary injunction in the Lawsuit preventing Hopkins from enforcing the Sign
Ordinances while the injunction was in place.
2.02 As a result of the injunction, Hopkins was without any regulation regarding the size and
location of sIgns, the number of signs that might be permitted on a property and the types of
materials rrom \I hich signs can bc constructed, and,
203 Pursuant to Section 3.03 Subd. 4 of the Hopkins Charter, the City Council on August 3,
2005, adoptcd Ordinance No 2005-954, an emergency interim ordinance to regulate the
construction, instal1ation and maintenance of signs!l1 Hopkins while a comprehensive,
conslllLllionally sound sIgn ordinance could be drafted.
2.04 The City Council has reviewed proposed Ordinance No. 2005-955, an emergency
ordinance adopting a new ordinance to regulate the construction, installation and maintenance of
signs in the City of Hopkins and the City Council hereby finds Ordinance No. 2005-955 to
constitute a comprehensive, constitutionally sound sign ordinance.
Section 3. Repeal.
3.01 Ordinance No. 2005-954 and the entirety of Section 570 of the Hopkins City Code in
effect prIor to July 29,2005, is hereby repealed.
Section 4 Effective Date.
4.0 I Pursuant to Section 3.03 Subd. 1 of the Hopkins Charter, this Emergency Ordinance shall
be effective Immediately.
Date Ordinance Takes Effect:
August 16, 2005
Eugene J. Maxwell, Mayor
ATTEST:
Terrv Obcrmaier, City Clerk
APPROVED AS TO FORM AND LEGALiTY:
August 16,2005
Date
City L\ltomey Signature