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2005-955 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2005-955 AN EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE HEAL TH, 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: Preamble: 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, mnong other concerns, (1) signs could be erected without regard to the manner in \V hich 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 constructed in a manner or from such materials as are structurally unsound vulnerable to collapse, endangering persons or property in the vicinity of the signs. The following ordinance is adopted as Section 570 of the Hopkins City Code: Section 570 570.01. Findings, purpose and effect. Subd. 1. Findings. The city council hereby finds as follows: a. Exterior signs have a substantial inlpact on the character and quality of the environment. b. Signs provide an ilnportant 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 ilnpact upon the aesthetics of the cOlnmunity and threaten the health, safety and welfare of the comnlunity. 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 ordinance 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 intent of this ordinance is to: a. Regulate the number, locatjon, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and \\'elfare. b. Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is hannful to the appearance of the comnlunity. c. Ilnprove 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 Inay be erected, mounted, displayed or nlaintained in the city if it is in conformance with the provisions of this ordinance. The effect of this ordinance, as more specifically set forth herein, is to: a. Allow a wide variety of sign types in commercial zones, and a more linlited 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 compliance 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. Provide for the enforcement of the provisions of this sign ordinance. 570.03. Severability. If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the renlaining 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 C hopclv\EmergSlgnOnl.Clean - 2 - invalid. 570.05. Definitions. Subdivision 1. The following words and phrases, when used in this Section 570, shall have the following lneanings, unless the context clearly indicates otherwise: Subd. 2 "Abandoned sign" - any sign and/or its supporting sign structure which renlains without a lnessage or whose display surface remains 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 managelnent of such business shall not be deemed abandoned unless the property renlains vacant for a period of one (1) year or luore. Any sign remaining after demolition of a principal structure shall be deemed 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 fronl the weather or as a decorative embellishment, and which projects from 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 direct1y to the awning 111aterial. 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. 6 "Building sign" - any sign attached or supported by any Building. Subd. 7 "Cabinet sign" - any wall sign that is not of channel or individually mounted letter construction. Subd. 8 "Canopy" - a roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway. Subd. 9 "Canopy sign" - any sign that is part of or attached to a canopy, made of fabric, plastic, or stnlctural protective cover over a door or entrance. A canopy sign is not a marquee and is d i ffere:l1 1rom service area canopy signs. Subd. 10 "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 of the sign. Changeable copy signs do not include signs upon which characters, letters or illustrations change or reaJTange only once in a 24-hour period. Subd. 11 "Commercial Speech" -- speech advertising a business, profession, commodity, service c hopclv\EmcrgSlgnOrd Clean - 3 - or ente11ainn1ent. Subd. 12 "Elevation" - the view of the side, front, or rear ofa given structure(s). Subd. 13 "Elevation area" - the area of all walls that face any lot line. Subd. 14 "Erect" - activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing. Subd. 15 "Flag" - any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patten1s, symbols, emblems, insignia, or other symbolic devices. Subd. 16 "Flashing sign" - a directly or indirectly illuminated sign which exhibits changing light or color effect by any means, so as to provide intennittent illumination which includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting which resembles zooming, twinkling, or sparkling. Subd. l7 "Freestanding sign" - any sign \\ hich has suppOliing framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. Subd. 18 "Grade" - grade shall be construed to be the final ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of the final grade for sign height computation. Subd. 19 "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 (8) feet. Subd. 20 "Height of sign" - the height of the sign shall be computed as the vertical distance Ineasured frOlTI the base of the sign at grade to the top of the highest attached component of the 51gn. Subd. 21 "lllUlninatcd sign" - any sign which contains an element designed to emanate artificial light internally or externally. Subd. 22 "Interior sign" - a sign vvhich 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. Subd. 23 "Legally established nonconforn1ing sign" - any sign and its support structure lawfully erected prior to the effective date of this ordinance which fails to conform to the requirements of C h0pCIY' E1llergSIgnOrd Clean - 4 - this ordinance. A sign which was 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. 24 "Marquee" - any permanent roof-like structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. Subd. 25 "Marquee sign" - any building sign painted, mounted, constructed or attached in any Inanner, on a marquee. Subd. 26 "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. 27 "Multiple tenant site" - any site \vhich has more than one (1) tenant, and each tenant has a separate ground level exterior public entrance. Subd. 28 "Non-commercial speech" - 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. 29 "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 lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easelnent or other appurtenance shall be considered an off-premise sign. Subd. 30 "On-pren1ise messages" - identify or advertise an establishment, person, activity, goods, products or services located on the pren1ises where the sign is installed. Subd. 31 " Owner" - In the case of a lot, the legal owner of the lot as officially recorded by Hennepin County, and including fee owners, contract for deed purchasers and ground lessees. In the case of a sign, the owner of the sign including any lessees. Subd. 32 "Pole sign" - see Pylon Sign. Suhd. 33 "Portable sign" - any sign which is Inanifestly designed to be transpolied, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the ren1aining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. Subd. 34 "Porte cochere" - a roofed structure or roof-like cover, extending from the entrance of a building and which provides shelter over a doorway. c horclv\EIl1~rgSlgnOrd Clean - 5 - Subd. 35 "Projecting sign" - any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two (2) feet beyond the surface or such building or wall face. Subd. 36 "Public notices" - official notices posted by public officers, employees or their agents in the perfonnance of their duties, or as directed by such officers, employees or agents. Subd. 37 "Public Street Right of Way" - The entire right of way of any public street. Subd. 38 "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 the area below the sign face open. Subd. 39 "Residential district" - any district zoned for residential uses. Subd. 40 "Roof' - the exterior surface and it supporting structure on the top of a building or structure. The stnlctural make-up of which conforms to the roof structures, roof construction and roof covering sections of the Uniform Building Code. Subd. 41 "Roof line" - the upper-nlost edge of the roof or in the case of an extended facade or parapet, the upper-most height of said facade. Subd. 42 "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. 43 "Roof sign, integral" - any building sign erected or constructed as an integral or essentially integral pm1 of a nonnal roof Slnlcture 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 from the rest of the roof by a space of more than six (6) inches. Subd. 44 "Rotating sign" - a sign or portion of a sign which turns about on an axis. Subd. 45 "Shilnmering signs" - a sign which reflects an oscillating sometinles distorted visual ll1lage. Subd. 46 "Sign" - any letter, word or symbol, poster, picture, statuary, reading lnatter or representation in the nature of advertiselnent, announcement, message or visual comnllmication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. Subd. 47 "Sign face" - the surface of the sign upon, against, or through which the message of the sign is exhibited. c h()pclv\l~mergSlgnOrd Clean - 6 - Subd. 48 "Sign structure" - any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. Subd. 49 "Site" - a lot or c01nbination of contiguous lots which are intended, designated, and/or approved to function as an integrated unit. Subd. 50 "Stringer" - a line of string, rope, cording, or an equivalent to which is attached a number of pennants. Subd. 51 "Suspended sign" - any building sign that is suspended frOln the underside of a horizontal plane surface and is connected to this surface. Subd. 52 "Total site signage" - the maximum permitted combined area of all freestanding and wall identification signs allowed on a specific property. Subd. 53 "Visible" - capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid. S ubd. 54 "Wall" - any structure which defines the exterior boundaries or courts of a building or structure and which has a slope 0 f sixty (60) degrees or greater with the horizontal plane. Subd. 55 "\Vall sign" - any buildmg sign attached parallel to, but within two (2) feet of a wall, painted on the wall surface of, or erected and confined within the lin1its of an outside wall of any bui Iding or structure, which is supported by such wall or building, and which displays only one (1) sign surface. Subd. 56 "Window sign" - any building sign, pictures, symbol, or combination thereof, designed to communicate infonnation about an activity, business, commodity, event, sale, or service, that is placed mside a window or upon the window panes or glass and is visible fr01n the exterior of the window. The definitions set forth in this Section 570.05 are in addition to the definitions set forth in Section 515.07, which shall apply to this Section 570, except that in the event ofa conflict betwee'n the Sections, the definition in Section 570 shall apply. 570.07. Penl1it required. No sign shall be erected, altered, reconstnLcted, maintained or moved in the city without first securing a pennit from the city. The content of the message or speech displayed on the sign shall not be reviewed or considered in detennining whether to approve or deny a sign permit. Appl ication for a pem1it shall be in writing addressed to the zoning administrator and shall contain the following infornlation: c.hopciv\EmcrgSlgnOrd.Clean - 7 - a. names and addresses of the applicant, owners of the sign and lot; 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 frOln the state for the sign. The zoning administrator shall approve or deny the sign permit in an expedited manner no more than 30 days from the receipt of the complete application, including applicable fee. All permits 110t approved or denied within 30 days shall be deemed approved. If the permit is denied, the issuing authority shall prepare a written notice of denial within 10 days its decision, describing the applicant's appeal rights under Section 525.15, and send it by certified mail, return receipt reg llcsted, to the applicant. 570.09. Exemptions. The following signs shall not require a pelmit. These exemptions, however, shall not be construed as relieving the 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 and/or on-site changes involving sign painting elsewhere than directly on a building. b. Signs six (6) square feet or less in size. 570.11. Fees. . Sign pern1it fees are set by Chapter X. C hopclv\l:mergSignOnl.Clean - 8 - 570.15. Violations. Violation of this section is a nlisdemeanor. Each day that the violation continues is a separate offense. 570.17. Size. No sign shall exceed 250 square feet in area. 5 7U.19. Regulations. Subd. 1. General. 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 extend 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 unilluminated, which are on the sides of a Inarquee which is firmly attached to and a part of a theatre, providing such signs are an integral part of the marquee and do not project above or below the lnarquee; or 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 nlarquee. , b. 570.21. Below marquee. No sign, either illuminated or unillunlinatcd, may project below a marquee. 570.23. Electrical 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. 570.25. Unauthorized signs. The rollowing signs are unauthorized signs and are prohibited by this Section: a. Any sign, signal, nlarking or device which purports to be or is an imitation of or reselubles any official traffic control device or railroad sign or signal, or cnlergency vehicle signal, or which attenlpts to direct the movement of traffic or which hides fronl view or interferes with the effectiveness of any official traffic- control device or any railroad sign or signal. C hopclv\EmergSignOrd.Clean - 9 - b. All off-prelnise signs. c. Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges, towers, or similar public structures. ct. Portable signs. e. Changeable copy signs. 570.27. Setbacks. Subd. 1. . Signs shall conform to the following set back regulations for the zoning district in which the signs are located except as otherwise specified in this section. B-1 B-2 B-3 Lot Line Front Lot Line Side 5' Lot Line Rear 10' 0' 5' 1 ' 1 ' 0' 5' 5' 10' Lot Line Front 10' Lot Line Side 10' Lot Li nc Rear 10' Lot Line Rear - abutting R District 20' 570.29. Area. B-3 Residential Abutting County Road 10' 5' 5' 10' 5' 1-1 10' 10' 10' 20' 1-2 The area within the frame of a sign shall be used to calculate the square footage except that the width of a frame exceeding 12 inches shall constitute sign face, and if such letters or graphics be mounted dirGctly 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 fonned around such letters or graphics in a plane figure bounded by straight lines connecting the outennost 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 fonns of graphics painted on or attached to windows, walls, awnings, free-standing stnlctures, s~spended by balloons, or kites or on persons, animals, or vehicles are considered a sign and are included in caJculating the overall square footage. C hopclv\l'n:el gSignOrd Clean - 10- 570.31. Canopies, l11arquees and fixed awnings. Canopies, Inarquees 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 Inay 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 building being served; d. awnings, canopy or marquees projecting into the required yards may not be enclosed except with a transparent material permitting through vision; and e. awnings, canopies or marquees built over the public right-of-way must be included in a liability insurance policy holding the city free of all' responsibility. 570.33. Illumination External illumination for signs shall be so constructed and Inaintained that the source of light is not visible f)'om the public right-of-way or residential property. 570.35. Height. The top of a sign, including its superstnlcture, if any, shall be no higher than the roof of the building to which such sign may be attached or 35 feet above ground level, whichever height is less. Signs, including any superstructure standing or erected free of any building or other strLLcLUre, shall not exceed an overall height of 3S feet frOln 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, it shall be surfaced or paved as required in the zoning code. 570.37. Retroactive effect. This sign ordinance shall apply to all sign applications applied for and/or pending prior to its enactment. 570.39. Non-cOlnmercial speech. Notwithstanding any other provisions of this sign ordinance, all signs of any size containing Non-Commercial Speech may be posted fi'on1 August 1 in any general election year until ten (lO) JelYS following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election. c.hopclv\EmcrgSlgnOrd Clean - 11 - 570.41. Permitted signs by district. Subd. 1. Residential Districts a. Within residen6al zoning districts, signs are permitted as follows: District R-1, R-2 Maximum sign area of single sign 8 square feet per surface Total area of all signs 16 square feet R-3, R-4, R-5, R-6 12 square feet per surface 24 square feet b. The following types of signs are not permitted in residential zoning districts: 1. Awning signs; 2. Balloon signs; 3. Canopy signs; 4. Flashing signs; 5. Marquee signs; 6. Pole signs; 7. Pylon signs; and 8. Shinlmering signs. Subd. 2. Business Districts a. Within business zoning districts, sjgns are permitted as follows: District B-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, B-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 more in width. Subd. 3. Industrial Districts a. Within industrial zoning districts, signs are permitted as follows: c hopCiI'\1 nlelgSlgnOnl.Clean - 12 - Di strict I-I, 1-2 Maximum sign area of single sign 250 square feet Total area of all 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. 570.45. Pernlitted 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 lTIay extend from the face of the roof over a covered walk. Such wall signs shall not exceed 150h> of the area of the wall to which the sign is attached, to a maxilnum of96 square feet. Subd. 2. Monument signs. Uses other than those in multi-tenant buildings may have a monument sign that shall not exceed 80 square feet per surface area, and 15 feet in height, and is setback a minimum 20 feet from the property lines. Subd. 3. Multi-tenant signs. Each tenant in a multi-tenant building may have a flat wall sign, not extend lllg Inore than 18 inches frOlTI the face 0 f the building. The aggregate area of such signs shall not exceed 50/0 of the area of the wall to which they are attached. Subd. 4. Multi-tenant monument signs. One monument sign shall be permitted for each multi- tenant building provided the surface 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 propeliy lines. The area may be increased to a 111axinllLnl of 150 square feet per side for developments of over 20 acres. Subd. 5. Canopies and Awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size, and color. No canopies with visible wall hangers shall be pemlitted. Signage on canopies may be substituted for allowed building signage and shall be lilnited to 250/0 of the canopy area. Intelnally illuminated canopies must be compatible with the overall color schenle of the building. 570.43. Non-conforming signs: compliance. It is recognized that signs exist within the zoning districts which were lawful before this sign ordinance was enacted, but will be prohibited under the terms of this section. It is the intent of this sign ordinance that nonconfonning signs shall not be enlarged upon or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is fLlrlh~r the intent of this sign ordinance to permit legal nonconfonning signs existing on the effecti ve date of this sign ordinance to continue as legal nonconfonning signs provided such chopclv\EmergSlgnOrd.Clean - 13 - signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: a. No sign shall be enlarged or altered in a way which increases its nonconformity b. [f the use of the nonconforming sign or sign structure is discontinued for a period of one year, the sign or sign structure shall not be reconstructed or used except in confonnity with the provislons of this ordinance. c. Should such nonconforming sign or sign structure be damaged or structure be destroyed by any lneans to an extent greater than fifty (50) percent of its market value and all required permits for its reconstnlction have not been applied for within 180 days 0 fwhen the sign or sign structure was damaged, it shall not be reconstructed or used except in conformity with the provisions of this ordinance. d. Should such sign or sign structure be Inoved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. c. 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, expanded or moved except in changing the sign to a sign pern1itted in the zoning district in which is it located. f. When a building loses its nonconforming status all signs devoted to the structure shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color which will harmonize with the structure. 570.45. Substitution Clause. The owner of any sign which is otherwise allowed by this sign ordinance Inay substitute non- con11nercial speech in lieu of any other comn1ercial speech or non-commercial speech. This substitution of copy may be Inade without any additional approval or pelmitting. 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 speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary. 570.4 7. Effective Date. Pursuant to Section 3.03 Subd. 1 of the Hopkins City Charter, this Emergency Ordinance shall be effective immediately. e hope! v\] .mel gS ignOrd Clean - 14 - Date Ordinance Takes Effect: , APPROVED AS TO FORM AND LEGALITY: C hopclv\EmergSlgnOrd Clean - 15 - August 16, 2005 August 16. 2005 Date