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HomeMy WebLinkAbout1969-03 01-06 CCO i CITY OF BROOKLYN CENTER ORDINANCE NO. 69 -3 AN ORDINANCE REPEALING CHAPTER 34 OF THE CITY ORDINANCES ENTITLED "INDUSTRIAL DEVELOPMENT COMMISSION" AND ADDING A NEW CHAPTER 34 - "SIGN ORDINANCE" THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 34 of the City Ordinances is hereby amended by the repeal of the following: (CHAPTER 34 - INDUSTRIAL DEVELOPMENT COMMISSION) (AN ORDINANCE ESTABLISHING AN INDUSTRIAL DEVELOPMENT COMMISSION AND DEFINING ITS MEMBERSHIP, POWERS, AND DUTIES) (Section 34 -101. SHORT TITLE. This Ordinance shall be known and may be cited as the "Brooklyn Center Industrial Development Commission Ordinance".) (Section 34 -102. DEFINITIONS. For the purpose of this Ordinance, the following words and their derivations shall have the meanings as set out herein.) ( (a) "Commission" is the Industrial Development Commission of the Village as created by this ordinance.) ( (b) "Chairman" is the Chairman of the Industrial Development Commission as provided for hereunder.) ( (c) "Vice- Chairman" is the Vice Chairman of the Industrial Development Commission as provided hereunder.) ( (d) "Secretary" is the Secretary of the Industrial Development Commission as provided hereunder.) ( (e) "Planning Commission" is the Village Planning Commission of the Village of Brooklyn Center.) (Section 34 -103. ESTABLISHMENT. An Industrial Development Commission is hereby established to be advisory to the Council and the Planning Commission, which Industrial Development Commission shall have the powers and duties hereinafter set forth.) (Section 34 -104. COMPOSITION. The Commission shall consist of fifteen (15) members appointed as set forth in Section 34 -105.) (Section 34 -105. TERMS OF OFFICE. Each member of the Village Council shall appoint three members to the Commission whose terms shall begin April 1 following the beginning of the term of the council member. The 41 Commission member's terms shall expire on March 31 following the expiration of the council member's term. Those Commission members serving as of November 28, 1963 shall complete their terms and be reappointed or replaced according to the appointment schedule adopted by the Village Council in a resolution adopting this section of this ordinance.) (Section 34 -106. VACANCIES. Vacancies occurring on the Commission shall be filled for the unexpired term by appointment by the council member who appointed the person whose absence creates the vacancy or by said council member's successor in office.) (Section 34 -107. REMOVAL OF MEMBERS. The Council, by a unanimous vote of all its members, shall have the authority to remove any member of the Commission from office whenever, in: its discretion the best interests of the Village shall be served thereby.) (Section 34 -110. OFFICERS. Within 30 days after their appointment, the members of the Commission shall meet in regular session and organize by electing from their members a Chairman, Vice - Chairman, Secretary, and such other officers as it may deem necessary. Officers shall be elected for terms of one (1) year and shall serve until their successors are elected and take office.) • (Section 34 -111. DUTIES OF OFFICERS. A. Chairman. It shall be the duty of the chairman to preside over all meetings of the Commission. In his absence, the Vice - Chairman, shall preside.) B. Secretary. It shall be the duty of the Secretary to keep a record of all proceedings of the Commission, transmit its recommendations to the Council, Planning Commission and other Village governmental bodies and perform such other duties as directed by the Commission.) (Section 34 -120. RULES AND PROCEDURE. The Commission shall adopt a set of rules to govern its own meetings and procedures. The rules may be amended from time to time, but only upon notice to all members that the said proposed amendments shall be acted upon at a specified meeting. A majority vote of the Commission shall be required for the approval of the proposed amendment.) ( Section 34 -130. MEETINGS. A. Reqular Meetinqs. The Commission shall meet in regular session at least once a month at a time and place selected by a majority vote of its members. B. Special Meetinqs . The Chairman or any three members of the Commission shall have the authority to call special meetings of the Commission. Written notice of special meetings shall be given to all members at least 48 hours prior to the time of the meeting unless the time and place for the special meeting is set at a regular or regular adjourned meeting. C. Open Meetinqs. All meetings of the Commission shall be open to the public.) (Section 34 -131. ABSENCE OF MEMBERS. Absence from three consecutive regular meetings without the formal consent of the Commission shall be deemed to constitute a resignation of a member; and the vacancy thus created shall be filled thereafter as provided in Section 34 -106 herein.) (Section 34 -140. POWERS AND DUTIES. The Commission shall have the following powers and duties: A. To confer with and advise the Council and Planning Commission on all matters concerning the industrial and commercial development of the Village. B. To publicize, with the consent of the Council, the industrial and commercial advantages and opportunities of the Village. C. To collect data and information as to the type of industries and commerce best suited to the Village. D. To periodically survey the over -all condition of the Village from the standpoint of determining whether the Village has a community climate for industry and to determine the general receptiveness of the Village to particular types of industry. E. To publicize information as to the general advantages and disadvant- ages of industrial and commercial development in a community. F. To cooperate with all industries and businesses in the Village and in the solution of any community problems which they may have, and to encourage the expansion, development and management of such industries and • businesses so as to promote the general welfare of the Village. G. To cooperate with all community groups and civic organizations within the Village and to furnish them such aid and advice as deemed appropriate. H. To aid the Council and Planning Commission in the proper zoning and orderly development of areas suitable for industrial and commercial develop- ment. I. To develop, compile, coordinate and publicize information such as, but not limited to the following: 1. Existing industrial and commercial concerns with the Village, their addresses, type of business, number of employees and whether each serves local, regional or national markets. 2. Available industrial and commercial sites including number of acres, approximate price, existing zoning and proximity to trackage and highways. 3. Available buildings for industrial and commercial operations, including type of building, number of square feet, existing zoning and proximity to trackage and highways. (Minn. State Dept. Form.) 4. Transportation facilities, including railroads, motor carriers, water transportation, air transportation and highway facilities. 5. Electric power available. 6. Fuels available for industrial and commercial use. 7. Sewage disposal facilities. 8. Water Supply facilities. 9. Community facilities such as fire, police and educational. 10. Recreational facilities. 11. Going wage rate in the Village for the trades, skilled, and semi - skilled and white collar workers. 12. Availability of labor. 13. General community attitude toward industrial and commercial expansion, development and attraction. 14. Experience and program of surrounding suburban communities in regards to industrial and commercial expansion, development and attraction. J. To recommend to the Council and Planning Commission policies and particular actions in regards to industrial and commercial expansion development and attraction. K. To cooperate with and use the facilities of the Minnesota Department of Business Development.) (Section 34 -150. ADVISORY CAPACITY. Except as may otherwise be provided by ordinance, the power and duties of the Commission are of an advisory nature only, and the Commission shall not have any powers or duties which conflict with or supersede the powers and duties of other Village commissioners and boards.) (Section 34 -151,. VILLAGE OFFICIALS TO COOPERATE. All Village officials, department heads, employees and appointees shall cooperate with the Commission and render all reasonable s a e a sistance.) (Section 34 -152. ANNUAL REPORT. The Commission shall render annually a full report of its work to the Council.) Section 2: Chapter 34 of the City Ordinances is hereby amended by the addition of the following: CHAPTER 34 - SIGN GN ORDINANCE Section 34 -100. STATEMENT OF PURPOSE The purpose of this ordinance is to provide for necessary visual communication, to preserve and promote, a pleasant physical environment, to Protect public and private property. and to encouraae safety upon the streets and highways within the City of B rooklyn Center. by regulating the type, number, structure. size. location. heiaht, liahtina and the erection and main- tenance of all outdoor signs and sian structures within said City. Section 34 -110. DEFINITIONS The language set forth in the text of this ordinance shall be interpreted in accordance with the followina_ definitions. Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural includes the singular. Billboard - A sign located off of the premises where its subject establish- ment, product, service, or activity is located. manufactured. sold, offered, dis- played, or conducted. • Building - Any structure erected for the support, shelter, or enclosure of Persons, animals. chattles or movable property of any kind. Business - Any establishment, occupation. employment or enterprise wherein merchandise is manufactured. exhibited or sold. or where services are offered for compensation. Dwelling - A building. or portion thereof. designed or used predominantly for residential occupancy of a continued nature. includina one - familv dwellings, two - family dwellings. and multiple family dwellinas: but not including hotels, motels. commercial boarding or roomina houses. tourist. homes, and trailers. Dwelling Unit - A single residential accommodation which is arranged, designed, used or intended for use exclusively as living auarters for one family; must include complete, permanently installed, kitchen facilities. Where a Private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. Dwelling, One - familv - A residential building containing one dwelling unit. J • Dwelling, Two - familv - A residential building_ containing_ two dwelling units. Dwelling, Multiple family (_Apartment or Flat) - A residential building or portion thereof containing three or more dwelling units. r t Chapter 34 -110 (continued) Establishment - Any of the following definitions shall apply: 1) A distinct business entity situated in a single building; 2) A distinct business entity located in a structure attached to other similar structures by common walls and ceilings or floors, or attached by m6ans of an enclosed arcade; 3) A distinct business entity contained within a single structure and not separated by walls or other physical barriers, but made distinct due to its existence as a sing lease space and operation by separate entrepreneurs, or by its singularity of vureose (such as clothing sales, furniture sales, and so on) carried on by a single or separate proprietors. Family - One or more persons related by blood, marriage, or adoption or a group of not more than five Persons not so related, together with his or their domestic servants or gratuitious quests, maintaining a common household in a dwelling unit. . Floor Area. Cross - The sum of the a_ ross horizontal areas of the several floors of a building or buildings. measured from the exterior faces of exterior walls or from the center line of Party walls separating two buildings. In Parti- cular, "gross floor area" shall include: 1. Basement space, if more than fiftv Per cent of its story heiaht is above the average level of the finished grade. 2. Elevator shafts and stairwells at each floor. 3. Floor space used for mechanical eauipment where the structural headroom exceeds seven and one -half feet, except eaulPment open or enclosed. located on the roof. i.e.. bulk needs. water tanks and cooling towers. 4. Attic floor space where the structural headroom exceeds seven and one -half feet. S. Interior balconies or mezzanines where the structural headroom exceeds seven and one -half feet. 6. Enclosed porches, but not terraces and breezeways. 7. Accessory uses, other than that floor space devoted exclusively to accessory off - street parking or loading. Chapter 34 -110 (continued) Home Occupation - Anv aainful occupation or Profession carried on within a dwelling unit by the occut)ent and not involving anv accessory building, stock in trade, manufacturing business, repair work, equipm not customarily found in a home or light enough to be carried, or employment of persons not customarily residing on the premises in the Performance of such services. (For exam ple: dressmaking professional offices, indi vidigij music, instructions and the like.) Home Occup ation, Special - A home occupation, ap proved by st)ecial usu Permission. which involver; innMental stock in trade in the performance of the service, or involves eauipment not cu stomarily foun in the home nor liahtweighh� enough to be carried. May inVOkP the em t)l oyment of not more than one Person who is a non - resident of the Premises. (_For example. barber shot). beauty parlor, shoe repair service. photoaraPhv studio. da nurserv. . and the like.) Industry'- An entemrise which involves the oroductton. assembly., processing or storage of materials. aoods or Products. Lot - A Lot is a parcel or portion of land in a subdivision or Plat of land„ separated from other parcels or Portions by description. as on a subdivision or record of survey mat), or by metes and bounds._ for the Purpose of sale or lease or separate use thereof. Lot Line - A property boundary line, of anv lot held in single or separate ownership. Roof Line - That line at which an exterior wall surface of a building structure departs from a vertical plane, Setback - The minimum horizontal distance from a buildl ng, hedge, fence. wall or structure to the street or lot line. Sian. Any publicly displayed message- bearing device for visual communication or an attention attracting device that is used primarily for the purpose of bringing the subiect thereof to the attention of the public including any banner, pennant, symbol, valance or similar display. Sign Structure - The supports. uprights. bracing and framework for a sign including the sign surface itself, In the case of a wall sign, the sign surface constitutes the s ign structure. In the case of a sig structure consistincr of two or more sides. where the interior formed between anv of the sides exceeds 15 degrees each side shall be considered a separate sign structure. Siqn, Directional - A sign, the primary function of which is to provide locational directions. Sign, Identification - A sign, the Primary function of which is to identify an establishment located upon the Premises where such sign is located, or to which such sign is affixed. Signs identifvina industrial establishments may secondarily call attention to the Products, aoods or materials which are produced. processed. assembled, or stored upon the Premises. r Chapter 34 -110 (continued) Sian Illumina S ian upon which artificial light is directed or which has an interior light source. Sign, Informational - Any sign which conveys information and which cannot be classified as a directional, or identification sign. Sign, Flashinq - Any illuminated sign on which the artificial light or color is not maintained at a constant intensity or color when such sign is in use, except for that portion of a sign providing public service information such as time, weather, date, temperature or similar information. Sian, Freestanding - A sign which is not affixed to any part of any building and which is rather supported by upright braces or posts placed in the ground. Sign, Gross Surface Ar of - The maximum projected area as viewed from any point, calculated as follows: A polygon with a single continuous perimeter whose sides are made up of straight lines (which in no case pass through or between any adjacent elements of the sign and whose interior angles are each less than 180 However, such perimeter shall not include any structural elements (forms, braces, posts, etc.) lying outside the limits of such sign surface and not forming an integral part of the display. Sign, Portable - A bign so designed as to be movable from one location to another and not permanently attached to the ground or to any immobile structure. A portable sign may consist of a mobile structure such as a semi - truck trailer or other device whose primary function during a specific time period is to serve as a sign. Sign, Proiectinct -- A sign which is affixed to the wall of a building and extends outward from the building wall. Sign, Roof - A sign erected or attached in whole or in part upon the roof of a building, or a non - freestanding sign which projects above the roof line of a respective building. Sign, Temporary - A sign which is erected or displayed for a limited period of time. Sign, Wall - A sign which is affixed upon and parallel to the wall of a building. Street Line - The common boundary line of a street right -of -way and abutting property. Use - The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied or maintained. r Section 34 -120. NON CONFORMING USES Anv sign legally existina on the effective date of this ordinance. • which does not conform to the reauirements set forth in this ordinance shall become a non - conforming use. Non- conformi hall be all owgd to continue but shall not be rebuilt, altered. or re].oe;atPd without, beina brought into compliance with the requirements of this ordinance, exsgnt that any flashina portion shall be dis- continued within 30 days after thR date of this ordinance.. Section 34 -130. PROHIBITED SIGNS Y Signs that, by reason of position, shape, or color would interfere with the proper function of a traffic sign or signal. 2. Signs within the public right -of -way or easement, except for government installed signs. 3. Signs that resemble any official marker enacted by a govern - mental agency or that display such words as "Stop" or "Danger" . 4. Flashing signs including indoor signs which are visible from the public streets. 5. With the exception of searchlights which may be approved in con- • junction with an Administrative Permit as p rovided in Section 35 -800 of the City Ordinances, no rotating beam, beacon or flashing illumination shall be used in connection with any display. 6. Signs or sign structures that obstruct any window, door, fire escape., stairway or opening intended to provide ingress or egress for any building structure. Signs painted on the inside glass portion of windows or doors are permitted. 7. Banners and stringers unless approved in conjunction with an Administrative Permit as provided in Section 35 -800 of the City Ordinances. 8. Sign posters that are tacked or posted on trees, fences, utility poles or other such supports. 9. Portable signs unless approved in conjunction with an Administrative Permit as provided in Section 35 -800 of the City Ordinances. 10. Roof signs except as provided in Section 34 -140, Subdivision 3A(l). 11. Billboards, except as provided in Section 34 -140, Subdivisions • 2c, 2f, 2h, 21_. 12. Signs painted directly on building walls. 13. All other signs not expressly permitted by this ordinance,, Section 34 -140. PERMITTED SIGNS • 1. General Reauirements and Standards for Permitted Sians, a. Where a business sian is illuminated. the beam of light shall not shine directiv upon anv part of a residence or into the street. b. No wall or uroiectina sign shall groipct more than 95 inches out from the wall to which it is attached. C. Anv sign or sign strupture which may be. or may hereafter become rotted. unsafe or unstahtly shall be repaired or removed by the licensee. owner. or aaent of the owner of the property upon which the sign stands upon written notice of City Manager or his agent. d. No part of anv permanent frpPsti!ndina Sian shall he closer than 10 feet to the side lot line. e. No part of any sign shall oroiect over or bevond the provertv line of the property upon which the sign is located. f. Unless set back ten (10) or more feet from the street riaht- of-wav line, the supporting column (s) of a freestandina • sign exceeding 16 feet in area shall not materiallv impede vision between a height of two and one half (2 -1/2) and seven and one half (7 -1/2) feet above the centerline arade of the street. Freestanding signs located within the siaht triangle defined in Section 35 -5G0 shall have a minimum vertical clearance of 10 feet above the centerline arade of the intersecting streets. g. Permitted freestandina signs located in C2. I1 and 12 districts may rotate subject to the followina conditions: (1) If illuminated, the light source shall be interior and constant in intensity and color. (2) The speed of rotation shall not exceed 4 rpm. (3) The rotating portion of the sign shall not exceed 150 square feet of gross surface area. (4) The rotating portion of the sign shall not be less than 10 feet above centerline grade of the street. • h. When electrical signs are installed„ their installation shall be subject to the City's electrical code. Chapter 34 -140 (continued) • 2. Permitted Signs Not Reauirinq a Permit a. Identification signs for one and two family dwellings provided that such signs are less than two (2) square feet in area. (Note: Rome occupation signs are covered by Section 34 -140, Subdivision 3 C (1).) b. Freestanding site pedestrian, vehicular - traffic, and parking directional signs are appropriate, provided such signs are less than thirty -six (36) square feet in area, v. Traffic control signs, non - commercial governmental signs, legal notices, railroad crossing signs, and temporary non- advertising safety or emergency signs. d. Signs denoting the architect, engineer, contractor, or owner when placed upon a respective wcrksite and not exceeding an aggregate of forty -eight (48) square feet in area, to be removed ten (10) days following completion of construction. e. Copy or message changing on a printed or painted sign which is permitted by this ordinance. • f. Freestanding political signs for a period of not more than sixty (60) days before and ten (10) days after an election provided no one sign is greater than sixteen (16) square feet in area. Such political signs may be installed only upon private property with the permission of the property owner who shall be responsible for removal thereof. The candidate whose candidacy is promoted by an improperly placed or otherwise illegal political sign shall be held responsible therefore. g. Signs or posters painted on or attached to the inside of a display window. This shall include illuminated signs, but not flashing signs. h. Flags, badges, or insignia of any government or governmental agency, or of any civic, religious, fraternal or similar organ- izations. i. Emergency signs required by other governmental agencies. i . Temoorary disnlays which are erected to celebrate, • commemorate. or observe a civil or religious holiday. r Section 34 -140 (continued) • k. Real Estate signs as follows: (1) Temporary signs for the purpose of selling or leasing individual lots or buildings provided that such signs are less than ten (10) square feet for residential property and thirty -two (32) square feet for other property and that only one sign is permitted for each property. The signs must be removed within ten (10) days following the lease or sale. (2) A temoorary sign for the ourpose of announcing- or promoting a residential, commercial or industrial project development provided that each residential project contains at least six (6) dwellings or lots. Further provisions are that one sign is permitted for each major street the project abuts; the signs are located at least one hundred and thirty (130) feet from any pre - existing home; the signs are removed within two years of issuance of the first building permit in the project or when the particular project is ninety (90) per cent sold'out . or rented, whichever is sooner; and each sign shall not exceed the following size limitations: Project area under 10 acres - 48 square feet Project area over 10 acres - 320 square feet (3) Signs for the purpose of leasing dwelling units in buildings containing two or more units, provided such signs are limited to five (S) squar feet in area and to one such sign per building. 3. Permitted Signs Recruirinq a Permit A. Commercial (C2) and Industrial (I1 and I2) Districts (1) Wall Signs, Projecting Signs and Roof Signs. Each establishment or enterprise may have wall signs and projecting signs on each w4U, provided the aggregate area of such signs does not exceed' 30% of the area of the wall supporting the signs. Each establishment or enterprise eligible for a free- standing sign may instead elect to have a roof sign for identification (in lieu of a freestanding identifica- tion sign), provided that the sign does not exceed the respective area and height as prescribed in (2) (a) below. Chapter 34 -140 (continued) (2) Freestanding Signs (a) Individual establishments Individual detached establishments or enterprises which are not clustered in a "shopping center" complex may have one freestanding sign according to the following schedule. In the event such establishments abut two or more streets which are at least collector or arterial in character, and if the abutment on each street exceeds 400 feet, one freestanding sign may be erected along each such street according to the following schedule. TABLE OF PERMITTED FREESTANDING SIGN AREAS & HEIGHTS TABLE 34A Building Gross Flocr Area Maximum Sign Area Maximum Sign Heigh Sauare Feet Sauare Feet (Above 1st Flr. )Feet Up to 2200 90 24 2201 to 2400 96 24 2401 to 2600 104 24 2601 to 2800 112 24 2801 to 3000 120 24 3001 to 3200 128 24 3201 to 3400 135 24 3401 to 3600 140 24 3601 to 4000 145 24 4001 to 4400 150 24 4401 to 5000 155 25 5001 to 5600 160 25 5601 to 6500 165 25 6501 to 7500 170 25 7501 to 9200 175 26 9201 to 11,600 180 26 11,601 to 14,400 185 26 14,401 to 16,200 190 26 16,201 to 17,600 195 27 17,601 to 18,800 200 27 18,801 to 19,800 205 28 19,801 to 20,600 210 28 20,601 to 22,000 220 29 22,001 to 23,000 230 30 23,001 to 24,000 240 31 Above 24,000 250 32 • I Section 34 -140 (continued) • (b) Clustered est ablishments, The aggregate of attached commercial establishments or those enterprises clustered in a "shopping center complex may have a single freestanding sign according to Table 34A based upon the aggregate floor areas of the establishments. In the event such a stablishments abut two or more streets which are at least collector or arterial in character, and if the abutment on each such street exceeds 400 feet, one freestanding sign may be erected along each such street. B. Commercial (Cl and CIA) Districts (1) Wall Signs and Projecting Signs. Each establishment may have wall signs or projectin signs -on each wall, provided the aggregate area of such signs does not exceed 10% of the area of the wall on which thev are placed. (2) Freestanding Signs. Each establishment may have one freestanding scan with a • maximum area of 36 sauare feet. V?P scan shat,) not exten-cl more than 10 feet above around level. In the eve an estab lishment abuts two or more streets which are at least collector or arterial in character. one such freestandina sca may be erected along each such street. C. Residential (Rl throuah 117) Districts (1) Home occupations and special home occ upations may have one freestandina or wall sian per dwellina , the maw sign area not to exceed 2.5 sau,ere feet and the heiaht above ground not to exceed six feet. Multiple famil dwellings may have the following signs_ (a) One wall Sian Der building_ not to exceed 10 sai feet in area. (3) Cluster develoAments or comDlexes involvina three or more build s ina and not l ess t hen 36 d welling units may have one freestanding sign with a maximum area of 36 square feet. Such sign shall not extend more than 10 feet above ground level. Section 34-140 (continued) D. Public and Semi - Public Places (All Districts) (1) Churches, Synagogues and temples may have the followi s tans (a) One freestanding sign with the sign area not to exceed 36 square feet. The sign shall not extend more than 10 feet above the ground level. There may be a second such sign if the use abuts two or more streets. m� O n e wall sia immediatel above or beside each Public entrance to that hart of the buildina which is used as a school and meets the requirements of the Minnesota Department of Education. the sian area not to exceed 10 sauare feet. (2) Other public and semi - pubic uses. includina private clubs and lodaes: (a) Freestandina signs as specified above for churches svnacxoaues and temples. (b) One wall sian. the maximum area not to exceed 36 square feet. Section 344150. SIGN PERMITS No sign shall hereafter be erected. re- erected or altered unless a permit for each such sian has been obtained or unless, permitted by Section 34 -140„ Division 2 of this ordinance. In addition_ electrical permits shall be obtained for all electric signs. Application for a sian permit shall be made in writina upon forms furnished --hv the Buildina Inspect $uc)a ap plication shall contain the location by street and number of the proposed sian structure, as well as the name and address of the owner and the si gn contractor or erector The Buildina Ins pector ma require filing of plans or other pex inent inform w here, in his o inion, such informa- tion is necess ary to insure compliance with this ordinance Section 34 -151. • SIGN PERMIT FEES The following fees are hereby established and shall be collected before the issuance of any sign permit for which fees are required under the provisions of this ordinance. • 1. The permit fee for any permanent sin other than a freestanding g sign shall be $3.00 for the first fifty (50) square feet of cross area or fraction thereof and $2.00 for each additional fifty (50) square feet with a maximum fee of $10.00. Section 3 4 -151 (continued) • 2. The permit fee for any permanent freestandina sign shall be $8.00 for the first fifty (50) square' feet of gross area or .fraction thereof and $2.00 for each additional fifty (50) square feet with a maximum fee of $15.00. 3. The fee for permits for the installation of any electrical w iring for any sign shall conform to the electrical fee sched as contained in Chapter 3 of the Ordinances of Brooklyn Center. Section. 3'4 -160. SIGN HANGER'S LICENSE 1. No person, firm o cgrnel ration shall engage in t he business of erecting, altering, extending, repairing or maintaining signs or sign structures within the City of Brooklyn Center, without first having procured a license therefor except that the owner, lessee or occupant of the property upon which the sign is located may Perform the actual work himself provided he has acquired a permit for the sign. 2. The applicant for a sign hanger's license shall pay atwenty ($20) dollar license fee, and the license shall run from May 1 to April 30 of the following year. 3. No license shall take effect until the licensee shall file with the City Clark a bond with corporate surety in form approved by the City Attorney in the penal sum of two thousand dollars A$2, 000.00) conditioned that the licensee will pay all permit fees required under this ordinance, pay any fines imposed upon him for violation thereof,, will conform to. all .provisions .of this ..ordinance and will indemnifv and hold the City, its officers and aaents harmless from any damages or claim resulting from or related to the erection or maintenance of any Sian in the City by the licensee. Section 34 -170. APPEALS In order to secure relief where it is al leged that an at,t,strative o fficer of the City has committ an erro tzl, tnteriaretation of judgement in issuing an order or making a determination, any person may appeal said order or determination consistent with the provisions of Section 35 -251 of the City Ordinances. Section 34 -180. VARIANCES (ADJUSTMENTS) The procedure for obtainina a variance from the reauirements of this ordinance shall be the same as set out in Section 35 -240 of the Ordinances of the City of Brooklyn Center. The Board of AdJustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances Section 34 -180 (continued) uniaue and distinctive to the -3DPQi,fic; property or use under consideration. The provisions of this ordinan. ce. v rpn,siderod in coniunction with the uniaue and dis- tinctive circumstances related to the proAertv or uses thereof must be the proximate cause of the hardship: circumstances caused by the property owner or the applicant or a predecessor in title shall, not co nstitute sufficient i ustification to arant a variance. A variance may be, aranted by the City after demonstration by evidence that all of the followina aualifications are met: 1. A particular hardship to the owner would result if the strict letter of the reaulations were carried out: 2. The conditions upon which the application for a variance is based are uniaue to the parcel of land or the use thereof for which the variance is souaht and are not common. aenerally, to other property or uses thereof within the same zonina classification: 3. The granting of the variance will not be detrimental to the public welfare or iniurious to other property or improvements in the neighborhood. Section 34 -190. ENFORCEMENT It shall be the responsibility of the City Manager to cause the rectuire- ments of this ordinance to be properiv enforced and to administer the same. Section 34 -200. SEPARABILITY AND VALIDITY Every section,. provision or part of this ordinanrP is declared separable from every other section. provision, or part to the extent that if any section,, provision, or part of the ordinance shall be held, invalid. it shall not invalidate any other section, provision, or part thereof. Section 34 -210. PENALTIES It shall be unlawful for any person, firm or corporation to erect, alter, repair, move, eauip, or maintain any sian or sign structure or cause or permit the same to be done in violation of any of the provisions of this ordinance. Who- ever does any act or omits to do any action which thereby constitutes a breach of any section of this ordinance shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed one hundred dollars ($100) or by imprison- ment not to exceed ninetv (90) days. No provision of this ordinance designating the duties of any official or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in this section for failure to perform such duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. Section 3: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 6th day of January 19 69 . Mayor ATTEST: , Clerk Published in the Official Newspaper December 19, 1968 Effective Date Tanuary 18. 1969 (Brackets indicate matter to be deleted, underline indicates new matter) i