05-033-O

ORDINANCE NO. _______


AN ORDINANCE PERTAINING TO SIGNAGE; AMENDING SECTIONS 44-2 AND 44-23 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

BY COUNCILOR LITTLE:

The city of Duluth does ordain:

     Section 1. That Section 44-2 of Chapter 44 of the Duluth City Code, 1959, is amended to add a new Section (o) as follows:

Sec. 44-2.     Definitions.

     For the purposes of this ordinance [Chapter] the following words and phrases shall have the meanings respectively ascribed to them by this Section:

     (a)  Animated sign. An animated sign is one which has any moving, rotating or otherwise physically animated part (as distinguished from lights that give the appearance of animation by flashing, blinking or fluctuating) but does not include changeable message signs which are stationary for a continuous time period of at least four seconds in each eight-second period;

     (b)  Awning sign. Awning sign means any sign affixed to an awning, as such term is defined in Section 4506 of the Uniform Building Code, 1982 Edition;

     (c)  Double or triple faced sign. A double or triple faced sign is any sign having displays on an integral structure which has two or three faces which are either back to back or "V" or triangular shaped with no internal angle of more than 60 degrees;

     (d)  Ground sign. Ground sign means any sign, other than a pole sign, which is supported vertically by a structure attached to the ground;

     (e)  Flashing sign. Flashing sign shall mean a sign which has direct illumination which is not kept constant in intensity at all times when in use, or which exhibits sudden or marked changes in lighting effects. Signs with direct illumination which indicate the time, temperature, date or other public service information shall not be considered flashing signs;

     (f)  Direct illumination. Direct illumination means illumination by light sources which are effectively visible, either directly or through a translucent material, as a part of the sign and illuminate outward therefrom;

     (g)  Indirect illumination. Indirect illumination means illumination which is derived from light sources which are not visible to intended viewers of the sign but which illuminate the sign by being directed at the sign's reflective face;

     (h)  Marquee sign. Marquee sign means any sign affixed to a marquee, as such term is defined in Section 414 of the Uniform Building Code, 1982 Edition;

     (i)  Mobile sign. Mobile sign means any sign so constructed as to permit movement from place to place, whether on wheels or otherwise;

     (j)  Off premises sign. Off premises sign means a sign which directs attention to a business, product, service or entertainment not conducted, sold or offered upon the premises where such sign is located;

     (k)  On premises sign. On premises sign means a sign which directs attention to the name of the building or the name of the building management firm or to a business, principal product, service or entertainment conducted, sold or offered upon the premises where such sign is located;

     (l)  Pole sign. Pole sign means any free standing, elevated sign erected on a pole or poles connected to the ground and which is less than 60 square feet in area;

     (m)  Political sign. Political sign means any sign which directs attention to an issue in an election or to either the name of a candidate running for election to a public office or the name of the office for which he is a candidate, or both;

     (n)  Projecting sign. Projecting sign means a sign which is affixed to the outside of an exterior wall of any building and which extends more than 18 inches from the building wall face;

     (o)  Property owner opinion sign. Property owner opinion sign means a sign which conveys a noncommercial message;

     (op) Pylon. Pylon means a decorative extension above the roof line of a building which is designed as an integral part of such building and which is constructed of masonry or is completely enclosed by the same material as the main exterior walls of such building;

     (pq) Roof sign. Roof sign means any sign erected, constructed or maintained above and connected to the roof of any building. For purposes of this Section a penthouse, elevator housing or any structure housing mechanical equipment of any kind shall not be deemed a part of the roof of any building;

     (qr) Sign. Sign means any letter, word, symbol, model, printed, projected or affixed device, poster, picture, reading matter or representation in the nature of an advertisement, announcement, direction or informative device including its structure or component parts, which is located outdoors, when more than one square foot in area; but shall not be deemed to include temporary parks and recreation signs permitted pursuant to Chapter 35 of this Code, or overhead banners and devices regulated under Article III of Chapter 45 of this Code, or to any street name sign, public directional, utility or transportation sign, or motor vehicle traffic signs of any kind when officially placed, or to advertising or other information affixed to any motor vehicle, provided that such vehicle's primary use is not as a stationary advertising device. The area of a sign includes the space inside a continuous line drawn around and enclosing all letters, designs and background material, except that the area of a double or triple faced sign shall be the area of the largest face, and the area of a spherical sign shall be the area of the outline against the horizon formed by the largest dimension thereof;

     (rs) Wall sign. Wall sign means a sign which is affixed to the outside of an exterior wall of any building when such sign extends no more than four feet above the top of such exterior wall and is parallel thereto, and when such sign projects no more than 18 inches from the building wall face or from a parapet constructed thereon. Signs painted directly on the surface material of a building shall be considered a wall sign only if limited in content to the name of the principal firm or establishment located in such building or the name of the building's management firm;

     (st) Height. The height of a sign shall be the vertical distance from the average finished grade directly below the sign to the uppermost point on the sign or sign structure, whichever is higher.

     Section 2. That Section 44-23 of the Duluth City Code, 1959, is amended to read as follows:

Sec. 44-23.     Regulations in R-1-a, R-1-b, R-1-c and R-2 zoning districts.

     The following signs are permitted to be located in the R-1-a, R-1-b, R-1-c and R-2 districts set forth in Chapter 50 of this Code:

     (a)  One each sign containing the words entrance, exit, stop and no trespassing, each not exceeding three square feet in area. No illuminated or animated signs are permitted;

     (b)  One sign advertising property for sale, lease or rent, or informing that property has been sold, not exceeding six square feet in area and located not less than ten feet from any property line unless affixed to a building, and having no illumination. Such signs are to be removed within seven days after the property has been sold, leased or rented;

     (c)  One name plate per dwelling indicating the name of the occupant and a permitted occupation, not exceeding two square feet in area. Only indirect illumination is permitted;

     (d)  Church bulletin board, not exceeding 25 square feet, located not less than ten feet from any property line and on same property as the church. Only indirect illumination is permitted. Permit required;

     (e)  Recreation field signs to include: One directional sign no more than 20 square feet in area and ten feet in height, one sign identifying the recreational field not more than ten square feet in area and attached to the principal building, and one scoreboard sign for each play area. No sign other than score boards shall contain advertising and no scoreboard shall contain more than ten square feet of product or service advertising. Only indirect illumination is permitted;

     (f)  Political or property owner opinion signs not exceeding six square feet in area, must be located not less than tenthree feet from any side property line or public street or sidewalk improvement and if illuminated must comply with ordinances regulating illumination. having no illumination. If such signs are concerned with a local election they shall not be erected more than 60 days before such election; and if they are concerned with a national election they shall not be erected more than 90 days before such election; and in both cases such signs shall be removed within ten days following the election. The responsibility for removal of such signs shall lie with the owner of the property on which the sign is located; Signs over six feet in height must comply with structure safety standards as evidenced by a valid building permit.

     (g)  Signs informing of construction or remodeling.

     For nonresidential construction or remodeling, one sign announcing contemplated or actual improvements on a site shall be allowed, which sign shall not exceed 32 square feet in area, provided that an additional 16 square feet shall be allowed for identification of architects, engineers and prime contractors. Only indirect illumination is permitted.

     For residential construction or remodeling, one sign identifying the architects, engineers and prime contractors, having a total area of no more than 20 square feet shall be allowed. Only indirect illumination is permitted.

     No signs permitted under this Subsection shall be located within a required yard as established in Chapter 50 of this Code, and all such signs shall be removed within seven days after completion of the improvements;

     (h)  Temporary signs on the premises which do not advertise any ongoing business activity, do not exceed six square feet in area, are not illuminated, are located at least ten feet from side property line or public street or sidewalk improvement and are not maintained for more than two days;

     (i)  Only in conjunction with a home occupation as defined and permitted by Chapter 50 of this Code, one sign not exceeding one square foot which is attached to the dwelling, which contains only the name and title of the person engaged in such occupation and which is not illuminated.

     Section 3. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE: This ordinance adds the definition of "property owner opinion sign” which was not addressed in the previous signage ordinance. It also eliminates the sign size limitations and time restrictions, both of which have been struck for constitutional reasons, reduces the setback requirements and requires a permit for signs over six feet in height per Building Code requirements.

 

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