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HomeMy WebLinkAbout02/13/2008 P&Z Packet• CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, February 13, 2008 6:30 p.m. Council Chambers (Scheduled to be televised on Ch. 16) Please be courteous and turn off all electronic devices during the meeting. AGENDA I. CALL TO ORDER AND ROLL CALL II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES: January 9, 2008 IV. OPEN MIKE V. ACTION ITEMS • A. PUBLIC HEARING for an amendment to Sign Ordinance text to prohibit and/or otherwise address dynamic, changing -image signage • VI. DISCUSSION ITEMS A. Comp Plan Update B. Growth Update — 2007 Permits VII. ADJOURN Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike — The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines: • Please address the meeting chair. • State your name and address for the record. • Please observe a 4- minute limit. • The topic must relate to city business. • Open Mike is for items not on the agenda. • A spokesperson must represent a group of five or more — groups will have 8 minutes. • The Presiding Officer may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: • The Presiding Officer (Chair or Vice - Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. • Staff will present their report on the proposal. • Board members will then ask City Staff questions about the proposal. • The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. • After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. • The Board will then discuss the proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSE STAFF PRESENT January 9, 2{} • 6 :35 P.M. 9:09 P.M. . Perry Laden, Robert Nelson, Brian Pogalz (Vic4 Chair), Michael Root, Rob Rafferty, Michael Hy Paul Bengtson, Jeff Smyser, Jim Studen Michael Grochala I. CALL TO ORDER AND ROLL CALL: Vice Chair Pogalz called the Lino Lakes Planning and Zoning Board meeting to order at 6:35 p.m. on January 9, 2008. Mr. Pogalz noted that Chair Tralle was unable to attend and that Michael Hyden would be arriving late. II. APPROVAL OF AGENDA Mr. Pogalz requested postponing the approval of minutes until Mr. Hyden is present. The agenda was approved with requested change. III. APPROVAL OF MINUTES: December 12, 2007 Action for this item was taken after all other action items were completed. Mr. Hyden made a MOTION to approve the December 12, 2007 Minutes. Motion was supported by Mr. Laden. Motion carried 4 - 0. IV. OPEN MIKE Mr. Pogalz declared Open Mike at 6:36 p.m. There was no one present for Open Mike. Mr. Rafferty made a MOTION to close Open Mike at 6:38 p.m. Motion was supported by Mr. Nelson. Motion carried 4 - 0. DRAFT MINUTES Planning & Zoning Board January 9, 2008 Page 2 V. ACTION ITEMS • A. CONTINUED PUBLIC HEARING for a Rezone, Preliminary Plat and Variance for a one lot residential subdivision to be called Vaughan's 1st Addition, located at the north end of Ruffed Grouse Road on Outlot D, Pheasant Hills Preserve Paul Bengtson, Associate Planner, presented the staff report. City Staff recommended approval of the request subject to the eight conditions listed in the staff report. Mr. Laden asked what the justification would be for approving the requested variance. Mr. Bengtson explained that staffs recommendation for the variance was based on condition number one which would limit the development to one lot at the end of Ruffed Grouse Road. He added that with only one lot, the adjacent dwellings would be closer to the OHWL than what is being proposed and a variance would no longer be necessary. He continued that findings would be made for a variance if still necessary at City Council. Mr. Laden asked about the possibility of reducing the front yard setback instead of the OHWL setback. Mr. Bengtson replied that they could entertain that possibility, but wanted to maintain the character of the neighborhood as much as possible. Mr. Kevin Gardner, Metro Land Surveying & Engineering, was present to represent the applicant. Mr. Gardner apologized that Mr. Vaughan was unable to attend the meeting. Mr. Gardner stated that Mr. Vaughan did not agree with the first condition of approval, and asked that the board discuss alternate options than enlarging the lot line. He did note that Mr. Vaughan may have been unaware that staff would be favorable to an easement across Lot 1 that would allow for future access to the island if the lot line was adjusted. The board members and Mr. Gardner discussed what would be the best action taken by the board without delaying this application any further. Mr. Pogalz reopened the Public Hearing at 7:09 p.m. Sandy Seebold, 6668 Ruffed Grouse Road, asked the board members to look closely at this request. She would like Lot 1 to include all of the upland area and wants to make sure that the city's Shoreland Ordinance is followed. She stated the lot is a very low lot and suggested that P &Z Board Members look at previous DNR records regarding this lot. She stated that the neighbors estimated the necessary fill to be about 10,000 yards and require about 80 trucks to haul. She stated that the roads would not be able to allow for this impact. She said she is not against the development of one house, but does not want to agree that he can sell in the future. She asked the board to consider this application closely. Mr. Rafferty asked who determined the estimated number of trucks to fill the area. Ms. Seebold stated that the neighborhood estimated that 80 trucks would be required. Ms. Seebold stated that there is detailed information on the fill from the previous application. She also noted that the cul -de -sac was moved forward to deter from variances. DRAFT MINUTES • • Planning & Zoning Board January 9, 2008 Page 3 Jeff Melby, 6685 Ruffed Grouse Road, stated that he is a lawyer and a registered civil engineer and he helped with the hauling estimations. He said that truck hauling is a big concern. He noted that state law had changed since the last application was approved and that a private bridge would no longer be allowed to the island according to state law. He agreed that he is okay with one additional neighbor, but not with potential nine that could live on the island. Mr. Bengtson stated that staff recommends taking action tonight due to timeline constraints. Mr. Rafferty asked if the developer has the ability to ask the council for an extension. Mr. Bengtson stated yes he could request an extension at any time. Mr. Pogalz clarified that the applicant would be able to pull the application at any time and make amendments to come back to the board if preferred. Mr. Root made a MOTION to close the Public Hearing at 7:20 p.m. Motion was seconded by Mr. Nelson. Motion carried 4 -0. Mr. Nelson clarified that the island is not part of the discussion. Mr. Rafferty made a MOTION to recommend approval of the Rezone, Preliminary Plat and Variance to the OHWL setback for Vaughan's 1st Addition, subject to the following conditions of approval: 1. Lot 1 must be enlarged to encompass the entire upland area at the north end of Ruffed Grouse Road. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 4. The final plat must clearly depict all required easements. 5. The Rice Creek Watershed District must review the project prior to building permits being issued by the city for any new construction. 6. A boulevard tree shall be provided for each lot frontage. 7. Park dedication must be paid in accordance with the city's fee schedule. 8. Any development of the land contained in Outlot A will first require replatting that • land as a developable lot. Motion was supported by Mr. Nelson. Motion carried 3 - 2. (Laden & Root voting nay) DRAFT MINUTES Planning & Zoning Board January 9, 2008 Page 4 B. CONTINUED PUBLIC HEARING for a Conditional Use Permit for a Commercial Planned Unit Development; a PUD Preliminary Development Plan/Preliminary Plat; a Conditional Use Permit for a motor fuel station; and a Conditional Use Permit for a car wash; for a four lot commercial development to be called Main Street Village located at the SE Corner of I -35E and Main Street Jeff Smyser, City Planner, distributed a supplemental memo to board members at the start of the meeting. Mr. Smyser discussed the memo and updated the board on the status of the project. Staff recommended the board reopen the public hearing, take comment, and continue the public hearing to the February meeting to address outstanding issues. Mr. Hyden arrived at 7:55 p.m. Mr. Nelson asked if the board were to make a recommendation, what would happen if staff discovered an issue upon further review. Mr. Smyser stated that staff could request changes prior to city council approval. Mr. Smyser stated he is comfortable with the application but does not feel that review time has been adequate for approval. Mr. Smyser updated the board on the results of discussion of this item at the Council Work Session. Mr. Smyser stated that with the cooperation of the development team, staff should be able to address and finalize any outstanding issues prior to Council action. Mr. Smyser explained that the deadline for city action is March 1, and this includes a 60- day extension. Mr. Smyser explained it is possible for the item to go to the February P &Z Meeting and then to the 2nd Council Meeting with a clean submittal. Mr. Smyser would prefer not to force council to take action on a project at its first review. He noted it is common for council to request additional meetings for approval. He added that the developer does not agree with an additional 30 -day extension. Board members agreed that if staff feels they can resolve outstanding issues, they would prefer council to have an additional meeting for review instead of P &Z extending the item to another meeting. Mr. Grochala pointed out that Final Plat approval will give the board a chance to make sure that all conditions have been fulfilled. Sam VanTassel, representative of Kwik Trip store, stated that the on -site architect was on vacation over the holidays. He explained some of the changes made to the Kwik Trip store, including reducing the structure to one bay and the parking lot spaces. He explained that employees will use the least convenient parking spots on the site, located behind the building. Mr. VanTassel pointed out that there are 20 parking spaces under the canopy that are not considered by Lino Lakes, yet 2/3 of purchasing patrons will be parked under the canopy getting gas. He stated that the canopy stripe is four inches and fits canopy requirements. He noted that fewer trucks will be delivering to their store than DRAFT MINUTES • • • • Planning & Zoning Board January 9, 2008 Page 5 most convenient stores and described how the trucks will access and use the site. He believes they meet all requirements with the proposed changes. He displayed colored elevations for the Kwik Trip store and stated that he hoped to have addressed all concerns for the Kwik Trip site. Mr. Laden asked staff if the city requires trash enclosures to be attached to the building. Mr. Smyser replied this is not a requirement. Mr. Laden commented that he would prefer the revised car wash over an attached trash enclosure. Tom Schuette, Azure Properties, stressed approval from the board this evening pointing out that they have been before P &Z Board three times. He also explained accommodations that have been made. He added that they were invited to attend the council workshop by council members, and that Mr. Schreier did express frustration of this project at the work session. Kathy Anderson, Architectural Consortium, stated that architectural drawings were submitted for the project. She agreed that the trail location could be amended per the board. Mr. Pogalz reopened the Public Hearing at 8:34 p.m. There was no one present to speak. Mr. Laden made a motion to close the Public Hearing at 8:35 p.m. Motion was seconded by Mr. Rafferty. Motion carried 5 -0. Mr. Laden requested a condition concerning a trail connection. Mr. Root requested a condition regarding snow removal. Ms. Anderson pointed out that a snow removal plan is typically part of the developer's agreement. Mr. Rafferty announced he would abstain from voting due to his absence at prior meetings. Mr. Laden made a MOTION to recommend approval of the Main Street Village project, subject to the following 15 conditions of approval: 1. On the sites of the multi -user retail buildings, there must be enough parking to accommodate all uses of the entire building. No individual use may create a parking demand that uses up the parking and does not allow enough for other uses of the building. The City may deny building permits or otherwise prevent an individual use of the sites if this condition would be violated. 2. The mitigation area and ponding there must be revised to comply with the AUAR • requirements, including a 6:1 slope. DRAFT MINUTES Planning & Zoning Board January 9, 2008 Page 6 3. Any restaurant use that includes outdoor seating with service by wait staff will require a conditional use permit and must meet conditions listed in the Zoning Ordinance. 4. The permit from the Rice Creek Watershed District must be obtained and a copy submitted to the City prior to site work commencing. 5. City Engineer review comments must be addressed to his satisfaction. 6. The new landscaping plans (1/3/08) shall be re- reviewed by the City Environmental Coordinator. 7. McDonald's shall supply information stating how truck circulation is addressed such as trucks will not deliver during business hours. 8. The Kwik Trip truck diagram dated 1/3/08 appears to show the gasoline tanker trailer does not clear the southern gas pump island. This should be clarified. 9. An easement for access to the City water tower is required and must be submitted for review prior to final plat approval. 10. The timing of the road relative to phased development shall be determined prior to City Council consideration and included as a condition of approval by the City Council. 11. Any comments from the Anoka County Highway Department must be addressed prior to site work commencing. 12. The information received via e-mail on January 3 shows the canopy height at 3' with one red stripe. If this stripe is no more than 4 ", this design would comply with our standards. These design revisions should be verified with full elevations. 13. The location of the bank driveway must be agreed to between the developer and the bank prior to site work commencing. 14. The developer will work with city staff to develop a pedestrian connection to the proposed path along Main St. 15. A snow removal plan will be addressed prior to final plat and shall be included in the property owners association documents. Motion was supported by Mr. Root. Motion carried 4 - 0. (Rafferty & Pogalz abstained) Mr. Pogalz called for a five minute recess at 8:40 p.m. Mr. Rafferty left the meeting at 8:40 p.m. Mr. Pogalz called the meeting to order at 8:46 p.m. DRAFT MINUTES • • • • Planning & Zoning Board January 9, 2008 Page 7 C. Variance to allow an existing detached accessory structure to encroach into the side setback, 2221 Reiling Road Paul Bengtson, Associate Planner, presented the staff report. City Staff recommended approval of the variance request. Kenneth and Debra Muehlstedt, applicants, were present for questions. No questions were asked of the applicants. Sally Bachmeier, 2215 Reiling Road, stated that the letters from the city to the applicant to remove the encroachment were in 2004 not 2005. Ms. Bachmeier explained that they had a survey that shows a different lot line. She added that the garage does not meet code. She said she had a meeting on Dec. 19 with Mike Grochala and he said that it was already decided that Mr. Muehlstedt was going to receive the variance and that all fees had been waived. Mr. Grochala explained that he had met with Ms. Bachmeier and Mr. Chalupsky on December 19 and informed the residents that it was likely that staff would recommend approval of the variance based on the survey information. He explained that staff did waive the fees because this variance was duplicative of a previous variance request and that staff had spent significant time dealing with related code enforcement issues for both properties. Mr. Bengtson pointed out that the difference between the two surveys is minimal, and that staff is basing their recommendation on the survey submitted by the applicant as it was recently signed by a licensed surveyor. Mr. Pogalz noted that the board has allowed minimal variances for existing structures in the past. Mr. Bengtson clarified that the width of the encroaching area is two feet. Mr. Nelson made a MOTION to recommend approval of the Variance to allow an existing detached accessory structure to encroach into the side setback at 2221 Reiling Road. Motion was supported by Mr. Laden. Motion carried 4 - 0. Minutes from December were approved. (As listed under item III.) VI. DISCUSSION ITEMS A. 2007 Year End Board Review Mr. Bengtson stated that board members had received a summary of action taken by the Planning & Zoning Board in 2007 for their review. fil VII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the meeting at 9:09 p.m. Motion was supported by Mr. Nelson. Motion carried 4 -0. DRAFT MINUTES Planning & Zoning Board January 9, 2008 Page 8 Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES • • • • • AGENDA ITEM V A STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: February 13, 2008 TOPIC: Public Hearing: Sign Ordinance Amendments BACKGROUND The City amended its sign ordinance in 2005 to address temporary signs and signage on buildings. In cooperation with the City Attorney, staff has prepared a draft to amend the ordinance to address "dynamic display" signs and other issues. Dynamic display signs are signs with moving or changing images. These are being seen more and more around the Metro Area on billboards on freeways. As long as the sign ordinance was being amended in some major ways to address dynamic signs, we thought we might as well clarify other issues as well. This is the first major overhaul of the sign ordinance in many years: probably since 1997. The City adopted a moratorium on dynamic display signs in April 2007. The one -year moratorium expires on April 18, 2008. Staffs goal is to discuss the proposed amendments and get direction from the Board for any changes. We hope to bring the ordinance amendments to the City Council in March. OPTIONS 1. Recommend approval of the sign ordinance amendments, with revisions if desired. 2. Return to staff with direction for major changes. RECOMMENDATION Option 1 • DRAFT REVISIONS CITY OF LINO LAKES DRAFT FEB 8, 2008 COUNTY OF ANOKA ORDINANCE NO. 05-05 xx -08 AMENDING ORDINANCE NO. 12 97 05 -05 AN ORDINANCE REGULATING SIGNS IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. The City Council of the City of Lino Lakes ordains that Ordinance No. 12 97 05 -05 is amended as follows: SECTION I. PURPOSE, AND INTENT, AND FINDINGS 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 to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. Rather, the purpose and findings of the sign ordinance are as follows: a) Purpose: the 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 sectionordinance, 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: 1) permanent signs which establish a high standard of aesthetics; 2) signs which are compatible with their surroundings; 3) signs which are designed, constructed, installed and maintained in a manner that does not adversely impactpublic safety or unduly distract motorists; 4) signs which are large enough to convey the intended message and to help citizens find their way to intended destinations; 5) signs that are proportioned to the scale of, and are architecturally compatible with, principal structures; 6) permanent signs which give preference to the on- premise owner or occupant; and 7) temporary commercial signs and advertising displays which provide an opportunity for grand openings and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right -of -way intersections. b) Findings: the city of Lino Lakes finds it is necessary for the promotion and preservation of the public health, safety. welfare and aesthetics of the community that the DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 1 of 29 construction, location, size and maintenance of signs be controlled. Further, the city finds: 1) permanent and temporary signs have a direct impact on and relationship to the image of the community; 2) the manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community; 3) an opportunity for viable identification of community businesses and institutions must be established; 4) 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; 5) 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; 6) uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and thereby undermine economic value and growth; 7) uncontrolled and unlimited signs, particularly temporary signs which are commonly located within or adjacent to public right -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; 8) commercial signs are generally incompatible with residential uses and should be strictly limited in residential zoning districts; and 9) the right to express noncommercial opinions in any zoning district must be protected, subject to reasonable restrictions on size, height., location and number. The purpose of this ordinance is to establish a set of standards for fabrication, City. These standards are designed to protect and promote the general welfare, health and safety of persons within the community and to aid and assist in the which allow and encourage creativity, effectiveness and flexibility in the design and use of such devices. SECTION II. DEFINITIONS: The following words and terms, when used in this Sign Ordinance, shall have the following meanings. unless the context clearly indicates otherwise: DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 2 of 29 • • • • • Advertising Sign: An "Advertising Sign" is a sign which directs attention to a business. commodity, service or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. See Section VI General Regulations. Area Identification Sign: A . •-:: - - ground sign which identifies the name of neighborhood, a residential subdivision, a multiple residential complex, or a commercial or industrial complex consisting of three or more businesses. Banner: A temporary sign made of cloth, flexible plastic, or other fabric. businesses, either retail or wholesale, or any sign which identifies a profession or is used in DOES THIS DEFINITION SERVE ANY PURPOSE? I THINK WE CAN DELETE THIS DEFINITION. Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment. A. Commercial Use: Activity carried out for monetary gain. B. Conditional Usc: A land use or development that may not be appropriate generally within a certain district but may be allowed in that district with appropriate restrictions, conditions or limitations as imposed by the City Council. C. Conditional Usc Permit: A permit issued by the City Council in accordance with the procedures specified within this Ordinance as a device to enable the City Council to assign conditions to a proposed use or development after consideration of the adjacent land uses and the special characteristics which the proposed use presents. Construction Sign: A temporary sign identifying a building or construction site, architects, engineers, contractors or suppliers. Directional Signs: A sign . . , - -- • . providing -zeneral directional information about the use or uses such as name and address within the development where the sign is located. Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, however frequently, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes, but is not limited to, a sign display that incorporates a technology or method allowing the image on the sign face to change without having to physically or DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 3 of 29 mechanically replace the sign face or its components. This also includes, but is not limited to, any rotating, revolving. moving, flashing, blinking, or animated display, and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink." or any other method or technology that allows the sign face to present a series of images or displays. Flashing Sign: An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. See Section VI General Regulations. Ground Sign: Any permanent, freestanding sign supported by or upon standards, poles, beams or other supports or foundation directly affixed to the ground. Identification or Nameplate Sign: A sign which bears the name or address or both of the business or the occupant of the building on which it is located. Illuminated Sign: A sign which has artificial light source directed upon it or which has an interior light source. See Section VI General Regulations. Institutional Sign: A permanent sign or bulletin board which identifies the name and other characteristics of a public or private institution on the site where the sign is located. Marquee and Canopy Signs: Any message or identification which is permanently affixed to a projection or extension of a building or structure, erected in such a manner as to provide shelter or cover over the approach to any entrance of a store, building or place of public assembly. Motion Sign: A sign which revolves, rotates or moves. Noncommercial 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. Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usnally in series, designed to move in the wind. Sometimes called "stringer ". D. Permitted Usc: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. Political Campaign Signs: Signs or posters announcing the candidate(s) seeking political office and/or political issues, and/or dates pertinent thereto. See Section VI General Regulations. Portable Sign: A temporary sign designed to be movable from one location to another. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 4 of 29 • • • • Projecting Sign: A permanent business sign affixed to an exterior wall or roof of a building and which is perpendicular to the building wall. Pylon Sign: A permanent. free standing ground sign erected upon a post or posts. pole or poles Real Estate Sign: A temporary sign advertising the sale or lease of property or buildings. Sandwich Board: A temporary sign constructed to form an "A" or a tent -like shape.. placed in front of a business to advertise its services or goods. Sign: The term "Sign" shall mean any writing, pictorial presentation, number, illustration or decoration, flag, banner or other device, whether painted, posted, printed, affixed or constructed, including associated brackets, braces, supports, wires and structures, that is used to announce, direct attention to, identify, advertise, or otherwise make anything known. Sign Area: The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural or supporting elements such as uprights, aprons, poles, beams or standards. • Sign Height: Height shall be measured from grade to the uppermost points or level of sign ;urfacc structure. • Temporary Signs: A sign erected for a limited period of time. Wall Sign: A permanent sign attached to or erected against the wall of a building or structure with the exposed face to the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. 11 illustration structure or device which is affixed to, or painted on, or represented organization or business. 1, Advertising Sign: An "Advertising Sign" is a sign which directs attention to a Gencral Regulations. Fr Business Sign. A "Business Sign" is any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 5 of 29 located. H. Related Defmitions: 4: Illuminated Sign: A sign which has artificial light source directed upon it or VI General Regulations. Motion Sign: A sign which revolves, rotates or moves. Sign Area: The entire area within a single continuous perimeter enclosing or level of sign surface. Flashing Sian: An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. See Sin VI General Regulations. Direction Signs: A sign erected on private property for the following uses: address. Arca Identification Sign: A free standing sign or pylon which identifies the name of neighborhood, a residential subdivision, a multiple residential complex, or a commercial or industrial complex consisting of three or more businesses. $. Wall Si, A permanent sign attached to or erected against the wall of a fifteen (15) inchcs from the building wall face. 9, Ground Sign: A permanent, freestanding sign supported by or upon Pylon Sign: A permanent, free standing ground sign erected upon a post or 4 Projecting Sign: A permanent business sign affixed to an exterior wall or DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 6 of 29 • • • 12. permanently affixed to a projection or extension of a building or structure, erected in such a manner as to provide shelter or cover over the approach to any entrance of a store, building or place of public assembly. 13. Identification or Nameplate Sign: A sign which bears the name or address or both of the business or the occupant of the building on which it is located. -14 Temporary Signs: A sign erected for a limited period of time. b, Real Estate Sign. A temporary sign advertising the sale or lease of property or buildings. Construction Sign: A temporary sign identifying a building or Political Campaign Signs: Signs or posters announcing the dates pertinent thereto. See Section IVVI General Regulations. location to another. Banner: A temporary sign made of cloth, flexible plastic, or other fabric. Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Sometimes called "stringer ". Sandwich Board: A temporary sign constructed to form an "A" er a tent like shape, placed in front of a business to advertise its services or goods. Institutional Sign: A permanent sign or bulletin board which identifies the name and other characteristics of a public or private institution on the site where the sign is located. SECTION III. ADMINISTRATION AND ENFORCEMENT A. Permit Required. No sign shall be erected, altered, reconstructed, maintained or moved in the city DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 7 of 29 without first secutring a permit from the city. unless this ordinance specifically states otherwise. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. The permit owner shall be responsible for all of the requirements of this Ordinance. including the liability for expense of removal and maintenance incurred by the City. Sign permit fees shall be as specified in the city fee schedule. B. Repairs. All signs shall be maintained in good condition and the areas around them kept free from debris, bushes, high weeds, and from anything else which would be an eyesore or nuisance. The surface of all All signs must be Official maintained to prevent the sign surface from becoming unkempt in appearance. When any ground sign is removed, notified and the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions. Any sign located in the city which may now be or hereafter become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions of this sign ordinance, shall be removed or otherwise properly secured in accordance with the terms of this sign ordinance 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 issting-atitlieFiWCity. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this sign ordinance and upon proper permit issued by the issuuing authority. C. Removal. In 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 terminated, a notice shall be given and the sign may be removed by the city at the expense of the owner or manager of the sign, or the owner of the ground upon which the sign stands. D. Violations. Any violation of this Ordinance shall constitute a misdemeanor. Each day of such violation shall constitute a separate offense. SECTION IV. DYNAMIC SIGN REGULATIONS: Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 8 of 29 • distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Drivers are also distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally. drivers are more distracted by special effects used to change the message, such as fade -ins and fade -outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. In conclusion, the city finds that any sign containing. in whole or in part, a dynamic display, except signs solely displaying the time and/or temperature or similar, should not be allowed in any District except as otherwise as set forth in this Ordinance. SECTION HIV. ZONING DISTRICT REGULATIONS: A. RURAL ZONING DISTRICTS R Rural District R -X Rural Executive District R -BR Rural Business Reserve District tt 11 In the R Rural District, R -X Rural Executive Residential District. and R -BR Rural Business Reserve District. all signs must comply with the requirements in the tables and in Section VI. Purpose. These districts arc designed and intended to aid in guiding development toward fulfillment of thc Comprehensive Plan and to serve the following functions. 1. To preserve productive land for agricultural use. 2. To maintain "open space" within and n ar to urban areas. 3. To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 1. To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to thc Comprehensive Plan. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 9 of 29 5. To reduce the possibilities of rural urban conflicts in establishing types maintain an acceptable per capita cost for such services as sanitary sewer, water, police, fire. road maintenance, school transportation, and others as t�onoonnrcr • Will MO comply with the following: 1. Residential Identifications: Not more than two (2) square feet of nameplate. 2. Institutional Identifications: Churches, schools, parks, etc. allowed up to thirty two (32) she 3. Advertising Signs: Advertising signs, as defined by Section II, Subd. F of Ordinance, are prohibited in the Rural(R) R. Rural Executive (R X) Zoning Districts. 5. Each property with a residence may have one freestanding sign, temporary or permanent, without a permit: The maximum size is six (6) square feet, placed at least ten (10)' feet from the property line_ This sign shall not advertise commercial activity that is not allowed or conducted on the same property as the sign. There is no time limit for such a sign. B. RESIDENTIAL ZONING DISTRICTS R -1 Single Family Residential District R -EC Single Family Residential District R -1X Single Family Residential District R -2 Two - Family Residential District R -3 Medium Density Residential District R -4 High Density Residential District R -6 Manufactured Home Park District In the R -1 Single Family Residential District, the R -1X Single Family Executive Residential District, the R -EC Single Family Estate Conservation District. the R -2 Two Family Residential District. the R- 3,Medium Density Residential District, the R -4 High Density Residential District. and the R -6 Manufactured Home Park District, all signs must comply with the requirements in the tables and in Section VI. a. `'R 1" and "R 1X" Single Family Residential District: DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 10 of 29 • • homes on lots with public sewer and water. b. "R 2" Two Family District: Purpose. This district is intended to provide a residential atmosphere for sanitary sewer. c. "R 3" Medium Density Residential District: Purpose. The purpose of the R 3 Medium density Residential District is to per building: in areas having good thoroughfare access, are properly located shopping areas. d. "R 4" High Density Residential District: Purpose. The purpose of the R 4 High Density Residential Districts is to provide settings for multiple family housing in areas having good e. "R 6" Manufactured Homc Park District: opportunities for manufactured housing in a planned community. This district is intended to provide opportunities for almost all types of manufactured homes including those which may not be able to meet the other appropriate sections of the code. f. "R 7" Manufactured Homc Subdivision District: manufactured housing for manufactured homes which meet the design amenities, DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 11 of 29 RI,RIX,R2,R3,R4,R6,R7 In the multiple and residential districts, the following requirements apply. 1. Residential Identification: One nameplate per residence, not more than two (2) square feet per unit. Institutional Identification Signs: Not more than one sign per street frontage; one identification sign allowed per building; not more than thirty two (32) square feet; not higher than six (6) feet; 3. Area Identification Signs: Not more than twenty four (2 1) square feet; not higher than six (6) feet. 4. Advertising Sims: Advertising signs, as defined by Section II_, Subd. F of Districts. 5. No sign may be closer than ten (10) feet to any property line. 6. Each property with a residence may have one freestanding sign, temporary or permanent, without a permit: The maximum size is six (Q square feet, placed at least ten (10,)' feet from the property line_ This sign shall not advertise commercial activity that is not allowed or conducted on the same C. BUSINESS AND PUBLIC AND SENII- PUBLIC ZONING DISTRICTS NB Neighborhood Business District LB Limited Business District GB General Business District PSP Public and Semi -Public District In the Neighborhood Business District all signs must comply with the requirements in the tables and in Section VI. In the Limited Business District all signs must comply with the requirements in the tables and in Section VI. In the GB General Business District all signs must comply with the requirements in the tables and in Section VI. In the PSP Public and Semi- Public Districts all signs must comply with the requirements in the tables and in Section VI. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 12 of 29 • • a. "LB" Limited Business District: Purpose. There may be some areas which are suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. This may include high quality commercial areas such as an "office park" development. Also, the "LB" District can be used as a transitional district or buffer between noncompatible uses such as intense commercial ( "GB ") and residential uses. In the Limited Business District all signs must comply with the requirements in the tables and in Section IVVI, paragraphs EE and FF. b. "NB" Neighborhood Busincss District" Purpose. The purpose of the NB Neighborhood Commercial District is to provide neighborhood and which are located along a collector or arterial roadway. These In the Neighborhood Business District all signs must comply with the requirements in the tables and in Section IVVI, paragraphs EE and FF. tt si "PSP" Public Semi Public. Purpose. The GB and CB districts are areas containing a wide variety of business businesses which tend to serve other business and industry as well as those catering to shoppers needs. Purpose. The "PSP ", Public Semi Public District is designed and intended to aid in guiding development towards fulfillment of the comprehensive plan to serve the following functions.: i. To provide the community with properly located schools, colleges, and health institutions. ii. To provide the community with properly located public services and utilities. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 13 of 29 iii. To provide the community- with properly located open green space, parks, playgrounds and recreational facilities. iv. To relate public and semi public locations with thoroughfare system. EE and FF. D. INDUSTRIAL ZONING DISTRICTS LI Light Industrial District GI General Industrial District In the Light and General Industrial Districts all signs must comply with the requirements in the tables and in Section VI. a. "LI" Light Industrial District: Purpose. These areas have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary. "LI" uses include service industries and industries which manufacture, fabricate, assemble or f>tore, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare, or other objectionable influences. dependent upon raw materials refined elsewhere. b. "CI" General Industrial District Purpose. These are ar as which, because of availability to thoroughfares, suitable topography, and isolation, arc appropriate for industrial uses of a more intense nature and ones which may have certain nuisance characteristics. In the Light and General Industrial Districts all signs must comply with the E. "R BR" RURAL BUSINESS RESERVE DISTRICT DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 14 of 29 • • • • • Purpose. This district is intended to pre-- ...- • .._ _ until such time as the land is needed for commercial and industrial uses. Residents husbandry, propagation of nursery stock. gardening, and other traditional rural use. In addition, the district is m ant to prevent incursion of those land uses that would adversely affect or diminish the rural character of the land. In particular, subdivisions of land for residential purposes as well as commercial and industrial uses without access to suitable infrastructure is not to be permitted. This district is also meant to serve the following functions: To control and limit urban sprawl. present for rezoning to a business use district. plowing, road maintenance, and fire and police protection. 11 bb rezoning of Rural Business Reserve land to a business use as needed. No sign may be closer than five (5) feet to any property line. 1. Residential Identifications: Not more than two (2) square feet of nameplate. Institutional Identifications: Churches, schools, parks, etc. allowed up to thirty two (32) square feet; not higher than eight (8) feet. 3. Advertising Signs: Allowed by Interim Use Permit; forty (40) feet maximum height above grade; must comply with General Regulations. Section IVV I. a. Must not be within seven hundred fifty (750) radius feet of an existing residential structure or other advertising structure in a non freeway area. b. Must not be closer than seven hundred fifty (750) radius feet of another advertising structure. Shall not be closer than twelve same side of an interstate freeway. For the purpose of this DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 15 of 29 Ordinance, a back to back or V type sign shall be considered as one structure. c. Must not be closer than twelve hundred (1200) feet from any adjoining zoning district. d. Maximum size of sign shall not exceed Six Hundred Seventy Five e. The site on which the sign is located shall comply with all area and width requirements of the base zoning district. f. Removal of the sign shall be required with the rezoning of the site or redevelopment to add another principle use. 4. Business Signs: One ground or wall sign per building, fifty (50) square feet or ten percent (10 %) of wall area, whichever is greater. 5. No sign may be closer than five (5) feet to any property line. 6. Each property with a residence may have one freestanding sign, temporary or permanent, without a permit: The maximum size is six (6) square feet, placed at Least ten (101' feet from property line_ This sign shall not property as the sign. There is no time limit for such a sign. SECTION WV'. GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS A. Advertising signs in as defined in this ordinance are prohibited in all zoning districts_ where permitted, must comply with the following: 1. Shall only be fabricated of and erected on steel and built to a minimum of thirty (30) pounds per square foot windload factor. 2. Shall not be longer than sixty (60) feet. 3. Shall have a maximum square footage restriction of seven hundred fifty (750) square feet. B. All signs shall be constructed in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, which is hereby adopted by reference and made a part of this Ordinance. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 16 of 29 • • • • C. No sign shall be permitted within public road right -of -way or be affixed to public structures or public utility poles or boxes or other public equipment except for traffic control signs, public utility signs, or signs for public parks, governmental buildings, or other such public facilities. • • A special exception may be granted by the City Council if road improvements or other public projects includes the elimination of an access to a private property. In such cases, a sign giving directions to the new access may be allowed in the right of way. D. No sign shall be painted on, attached to, or affixed to any trees, rocks or other similar organic or inorganic natural matter. E. Signs in windows in the interior of buildings are allowed without permits except that flashing signs are not allowed. No signs shall be attached to the exterior of windows. F. "No hunting" and "No trespassing" signs are allowed as regulated by State Statutes 97B.001, no permit required. G. Illuminated signs are peed.- allowed only in Neighborhood Business. limited Limited Business, and general General businessBusiness, shopping center, central business Light Industrial. and light and general General Industrial zoning districts. Illuminated signs also are allowed in a Planned Unit Development when the illuminated signs comply with the requirements of this ordinance and are part of an approved comprehensive sign plan. H. The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. W. Signs shall not be painted directly to any exterior building surface, but shall be on a separate frame except for temporary display windows. Sign letters /symbols may be directly attached to a wall by adhesive or mechanical fasteners. IJ. Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency 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 railroad sign or signal shall be prohibited. Further, nNo sign shall be installed, which by reason of position, shape or color would conflict with proper function or interpretation of any traffic sign or signal. RK. There shall be no use of revolving beacons, flashing signs, zip flashers or similar lighted devices. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 17 of 29 ILL. No sign shall be permitted to obstruct any_door, fire escape, stairway or other access of any building or structure. LM. Campaign Signs. a. State General Election years: In a state general election year, the size and duration of campaign sign display shall comply with the provisions of Minnesota Statute 211.B.045 as amended. These signs shall be confined within private property provided that the property owner's permission has been obtained. b. Other Election Years: In years when no state general election is to take place, signs announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of eight (8) square feet in size and dimensions not greater than two (2) feet by four (4) feet. These signs shall be confined within private property, provided that the property owner's permission has been obtained. A maximum of two (2) signs per candidate is allowed on any residential lot within the Single Family (R -1) and Single- Family Executive (R -1X) zoning classifications. In all other zoning classifications, signs are limited to two (2) per candidate every two hundred (200) feet of road frontage. No more than two (2) signs per candidate shall be placed in front of the polling places. Campaign signs may be displayed twenty -five (25) days prior and five (5) days after the election for which they are intended. Notwithstanding any provision contained in this Ordinance, the City, upon three (3) days notice, may remove any campaign sign in violation of this Ordinance. The sign enforcement authorities for the City of Lino Lakes are authorized to request enforcement of campaign sign violations through agencies and individuals not employed by the City of Lino Lakes M. All signs shall be maintained in good condition and the ar as around them kept free from debris, bushes, high weeds, and from anything else which would be an two (2) years or whenever necessary as determined by inspection by Zoning any sign is removed, the Zoning Official shall be notified and the entire protrusions. N. Signs which become unsafe or unkempt in appearance shall be repaired or removed OM. The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 18 of 29 • • • • • • PN. Temporary • - . - . - . - .: - - - b- - - - signs may be erected in compliance with the requirements of the temporary sign table and; Section WVI; paragraph EE. Q-Q. Directional signs up to four (4) square feet are allowed up to ten (10) feet above grade provided they are not erected adjacent to any residential streets. RP. Temporary real estate signs advertising the sale of individual residences may be SQ. Temporary signs advertising buildings or land for rent or for sale in all districts , Section IVVI, paragraph EE.. TRP. Projecting signs which extend over public property are prohibited without an encroachment agreement, which the City may agree to at the Citv's discretion. Roof signs are prohibited. VTR. The exposed uprights, superstructure or back side of all signs must be painted a neutral color such as light blues, grays, greens or browns, unless such part of the sign is integral to the overall design of the sign. W. Si b permits are permit fees shall be as specified in the city fee schedule. VUS. For the purpose of this Ordinance, maximum square footage of a sign shall be computed on the basis of one (1) face of any multi -faced sign. Z. The permit owner shall be responsible for all of the requirements of this Ordinance, including the liability for expense of removal and maintenance incurred by the City. AAVT. Multi - Occupancy Business and Industrial Buildings: When a single principle building is devoted to three (3) or more businesses, or industrial uses, a comprehensive sign plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations._ The plan shall be subject to the approval of the City Council._ No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. 1. The maximum individual tenant sign sizes for multiple occupancy structures and individual uses which may display signs shall not exceed the maximum provisions for single occupancy structures in the same zoning district. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 19 of 29 2. Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions. Individual freestanding signs identifying the tenants' business shall not be displayed. Twenty Five Percent (25 %) of the area identification sign must identify the entire site, the balance of the sign may be used for individual tenant identification. 3. Except as provided in this ordinance, individual tenants of multiple occupancy structures shall not display separate wall signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per entrance and one (1) additional sign if the building is on a corner or has double frontage, and each sign shall be limited to the maximum wall size sign permitted in the district, the total of which shall not exceed the square footage allowed. 4. In any multiple occupancy structure qualifying as a mall type shopping center, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50) feet of the common public entrance being served. The size of individual business identification signing within the directory shall be established during the site plan review process. Attention shall be given to the possible number of tenant or occupancy bays which may be served by the common public entrance for which the directory sign is intended. 1 U. GRANDFATHER CLAUSENonconforming Signs: : 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 intention of this sign ordinance that nonconforming signs shall be allowed to All signs located within the ontinue to exists but they shall not be enlarged upon, expanded or extended, nor be used as the grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs exisiting on the effective date of this sign ordinance, or amendments thereto, to 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 following provisions: 1. No sign shall be enlarged or altered in a way which increases its nonconformity. 2. Should such sign or sign structure be destroyed by any means to an extent greater than fifty (50) percent of its replacement cost and no building permit has been applied for within 180 days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this ordinance. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 20 of 29 • • • • • • 3. Should such sign or sign structure be moved 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. 4. 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. 5. When a structure 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. provisions of the Lino lakes City Code up to the date this Ordinance is passed and Ordinance. €CXV. Any signs not specifically allowed by this ordinance are prohibited. Any violation of this Ordinance shall constitute a misdemeanor. Each day of DD-1'W. X. Dynamic display signs are prohibited in all zoning districts except those with a dynamic display area that is less than twenty (20) square feet. Y. Street addresses required to comply with address ordinances or building codes do not require a sign permit. SECTION VII. SUBSTITUTION CLAUSE The owner of any sign, which is otherwise allowed by this sign ordinance, may substitute a noncommercial copy in lieu of any other commercial or noncommercial 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 noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary. SECTION VIII. SEVERABILITY If any section, subsection. sentence, clause, or phrase of this Sign Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 21 of 29 portions of this Sign Ordinance. The City Council hereby declares that it would adopted the Sign Ordinance in each section. subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 22 of 29 • • EE. Tem orary Sign Requirements Table • • DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 23 of 29 Permit Size Location Duration Banner Permit Required (fee schcdzule $25 32 sq ft max. All four corners must be attached to the principal building on the site. 1. One banner is allowed per permit 2. One permit is allowed per quarter of any calendar year 3. Permit is good for 17 consecutive days 4. Permit period always begins on a Friday 5. Double permit fees will be assessed if the permit is pulled after the sign is placed 6. The City has the right to remove the sign at the end of the permit period and collect the cost of removal from the permit holder and /or property owner. requires fee) Portable Signs (except sandwich board signs) Permit Required 32 sq ft max. 5 feet from property line 1. One portable sign is allowed per permit 2. One permit is allowed per quarter of any calendar year 3. Permit is good for 17 consecutive days 4. Permit period always begins on a Friday 5. Double permit fees will be assessed if the permit is pulled after the sign is placed 6. The City has the right to remove the sign at the end of the permit period and collect the cost of removal from the permit holder and /or property owner. (# e- scheehtle $25 requires Sandwich Boards Permit Required at cost of one term of temporary sign permit. Six (6) sf max. 1. Must be in front of space occupied by business advertised on sign . 2. No further than fifteen (15) feet from door to business advertised on sign. 3. Must maintain four (4) feet clear area for pedestrian passage, including distance from tables, opening doors, planters, etc. 4. Must not be in parking area. 1. Sign permit is good as long as the business is in operation at the location. A different business in the same space requires a new sign permit. A different business location requires a new permit. 2. Can only be displayed during business hours: must be brought inside when business closes each day. Sandwich board signs must be of solid construction, of material resistant to weather, resistant to being knocked over by wind. Signs must be always be maintained in good condition and avoid a shabby, unkempt appearance. Pennants NA NA Prohibited Pennants are prohibited. Balloons or Inflatable Signs No permit required. 24" diameter NA No balloons or inflatable signs over 24" in diameter are allowed. Construction Sign (does not include names on construction trailers or trucks) No permit required for one sign per frontage on street forming periphery of site 10 acres or more: Max. 100 sq ft per sign Under 10 acres: max. 32 sq ft per sign Must be on subject property 10' from property line One sign on each peripheral street If a single structure, sign must be removed 30 days after issuance of certificate of occupancy for the structure. If more than one structure, must be removed 30 days after certificate of occupancy is issued for last building. If a residential subdivision, must be removed after certificate of occupancy is issued for last building. Real Estate Sign (except for Individual property with residence in Resid. or Rural zone: see Sec. III. A. and B.) No permit required for one sign per frontage on street forming periphery of site 10 acres or more: Max. 100 sq ft per sign Under 10 acres: max. 32 sq ft per sign Must be on subject property 10' from property line One sign on each peripheral street If a single structure, sign must be removed 30 days after issuance of certificate of occupancy for the structure. If more than one structure, must be removed after certificate of occupancy is issued for last building. If a residential subdivision, must be removed when all of the units are sold. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 23 of 29 FF. Permanent Sign Requirements Tables • DRAFT RE.ONS TO Ordinance 05 -05, Sign Ordinance p 4 of 29 1 R RURAL 14 -1, R -1X, R -EC R -X RURAL EXECUTIVE R -2, R -3, R -4, R -6 R -BR RURAL BUSINESS RESIDENTIAL DISTRICTS RESERVE DISTRICTS Identification or Nameplate Signs -max two (2) square feet One per residence. -max two (2) square feet No sign permit is required. No sign permit is required Area Identification Signs: Can be placed at entrances to Can be placed at entrances to neighborhood: the number of such neighborhood: the number of such signs per neighborhood shall be signs per neighborhood shall be determined by the City, with determined by the City, with consideration to the number of consideration to the number of entrances to the neighborhood. entrances to the neighborhood. -max twenty -four (24) square feet -max twenty -four (24) square feet -max height six (6) feet -max height six (6) feet Ground Signs Each property with a residence Each property with a residence may have one freestanding sign., may have one freestanding sign, temporary or permanent, without a temporary or permanent, without a permit: the maximum size is six permit: the maximum size is six (6) square feet, placed at least ten (6) square feet, placed at least ten (10) feet from the property line. (10) feet from the property line. This sign shall not advertise This sign shall not advertise commercial activity that is not commercial activity that is not allowed or conducted on the same allowed or conducted on the same property as the sign. There is no property as the sign. There is no time limit for such a sign. time limit for such a sign. In addition, non - residential uses In addition, non - residential uses and licensed residential care and licensed residential care facilities that are allowed by the facilities that are allowed by the Zoning Ordinance may have: Zoning Ordinance, and -one (1) ground sign manufactured home parks in R -6 -max thirty -two (32) sf each sign, zones, may have: -max height eight (8) feet -one (1) ground sign OR -max thirty -two (32) sf each sign, -max height eight (8) feet one wall sign as below OR one wall sign as below Building Wall Signs Non - residential uses and licensed Non - residential uses and licensed residential care facilities that are residential care facilities that are allowed by the Zoning Ordinance allowed by the Zoning Ordinance, may have one wall sign on one and manufactured home parks in building, maximum 50 sf. R -6 zones, may have one wall sign on one building, maximum 50 sf. Advertising Signs prohibited Property Setback No Sign shall be closer than ten (10) feet to any property line. • DRAFT RE.ONS TO Ordinance 05 -05, Sign Ordinance p 4 of 29 1 • • • NEIGHBORHOOD BUSINESS ZONING DISTRICT Single and Double Occupancy Buildings Multi - Occupancy Buildings if single building has three or more businesses, must comply with : V. and shall be limited to_ Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. one ground sign of any type - 50 sf max - 30' height max - no closer than 50' to another such ground sign - one ground sign - 100 sf max - 30' height max - no closer than 50' to another ground sign Building Wall Signs Single road frontage: one sign, greater of - 100sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single /double. Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall Advertising Signs prohibited Pro , ert setback No si :n ma be closer than 5' to an . ro . ert line. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 25 of 29 LIMITED BUSINESS ZONING Single and Double Occupancy DISTRICT Buildings Multi- Occupancy Buildings if single building has three or more businesses, must comply with Sep; V. and shall be limited to: Motor Fuel Station Signs Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. one ground sign of any type - 50 sf max - 30' height max - no closer than 50' to another suer- ground sign - one ground sign of any type - 100 sf max - 30' height max - no closer than 50' to another ground sign one pylon per frontage - 80 sf - 45' height if abutting freeway -one additional pylonsigll -100 sf - 65' height one additional ground sign per frontage - 32 sf max - 30' max height Building Wall Signs Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR - 10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single /double. Double frontage or corner lot: may have one additional wall sign on any wall, greater of: - 100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face Canopies must comply with Conditional Use Permit requirements in Zoning Ordinance No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. 'This does not include across a street. No roof signs. No wall sign higher than parapet wall Advertising Signs prohibited Pro • ert setback No si n ma be closer than 5' to an sro s ert • DRAFT REIDONS TO Ordinance 05 -05, Sign Ordinance p 6 of 29 • • • GENERAL BUSINESS_; and Single and Double Occupancy Buildings (except motor fuel stations) Multi- Occupancy Buildings if single building has three or more businesses, must comply with Se Iy; V. and shall be limited to: Motor Fuel Station Signs (not allowed in PSP) PUBLIC SEMI - PUBLIC ZONING DISTRICTS Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. Ground signs of any type totaling 2 sf per frontage foot, -max 200 sf -40' height max - no closer than 50' to another Ground signs of any type totaling 2 sf per frontage foot, - 200 sf max - 40' height max - no closer than 50' to another one pylon per frontage -80 sf -45' height if abutting freeway -one additional pylon sign -100 sf -65' height - one additional ground sign per frontage - 32 sf max - 30' max height ground sign ground sign must be 50' from - - ' away another gzndign - . : -• ground sign Building Wall Signs Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single /double. Double frontage or corner lot: Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face Canopies must comply with Conditional Use Permit requirements in Zoning Ordinance No illuminated sign may face land may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall Advertising Signs prohibited Property setback No sign may be closer than 5' to any property line. DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 27 of 29 LIGHT and GENERAL INDUSTRIAL ZONING DISTRICTS Business Signs (single & double occupancy buildings) (except motor fuel stations) Multi- Occupancy Business Signage if single building has three or more businesses, must comply with I'VE V. and shall be limited to Motor Fuel Station Signs Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. Ground signs of any type totaling 2 sf per frontage foot, -max 200 sf -40' height max - no closer than 50' to another Ground signs of any type totaling 2 sf per frontage foot, -max 200 sf -40' height max - no closer than 50' to another one pylon per frontage -80 sf -45' height if abutting freeway -one additional pylon sign -100 sf -65' height - one additional ground sign per frontage - 32 sf max - 30' max height ground sign ground sign must b 50' from rom -ot er an i must .e away -- another greN ground ii-gn Building Wall Signs Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall. Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Same size as single /double. Double frontage or corner lot: Single road frontage: one sign, greater of - 100 sf OR - 10% of building face Double frontage or corner lot: may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face Canopies must comply with Conditional Use Permit requirements in Zoning Ordinance No illuminated sign may face land may have one additional wall sign on any wall, greater of: -100 sf OR -10% of building face If this second sign is on end of building, it shall be for tenant of that building only and shall be stylistically consistent with other signs on the building. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall zoned residential or guided residential by the comprehensive plan. This does not include across a street. No roof signs. No wall sign higher than parapet wall Advertising Signs prohibited Property setback No sign may be closer than 5' to any property line. • DRAFT RE's NS TO Ordinance 05 -05, Sign Ordinance pa. of 29 Passed by the Lino Lakes City Council this day of 20085,-. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk DRAFT REVISIONS TO Ordinance 05 -05, Sign Ordinance page 29 of 29 • • • AGENDA ITEM VI B STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: February 13, 2008 DISCUSSION TOPIC: Growth Update — 2007 Permits BACKGROUND It is useful to take a look at what growth occurred in Lino Lakes at the end of each year. As seen on the attachment, the City issued 92 building permits for new homes in 2007. This results in a total of 6203 households. The permit data clearly reflects the downturn in the housing market. The year 2007 brought another type of change in Lino Lakes in that the first apartment building was constructed. The lag time between building permit issuance and occupancy of single family houses and townhomes typically has been short. Counting new units as households was an easy way to estimate growth. Now that the apartments have been built, our tracking of units and households will be a little different. Clearly, I'll need to reformat my data spreadsheets! io • • 2/8/2008 2009 These are estimates only. This analysis uses 2000 census as the starting point and adds residential building permits to arrive at year -end estimates. Mn Dept of Corrections lists 1313 inmates in Lino Lakes facility as of 1/25/08. Building Permits for New Housing Units* TOTAL Single Town year NEW Family home Apartments ** 2000 240 224 17 2001 210 194 16 2002 218 202 16 2003 111 109 2 2004 188 126 62 2005 196 72 124 2006 91 57 34 2007 92 55 37 60 2008 2009 total 1346 annual average 2000 -07 annual average 2003 -07 168 135.6 *Single family and townhome data for 2000 from U.S. Census. Other data from Lino Lakes building permits data. * *Apartments are not added into the household total, as they are still vacant. building permits households persons per household population in households population in institutions total population 2000 census 4,857 3.20 15,560 1,231 16,791 2000 240 5,097 16,329 17,560 2001 210 5,307 17,002 18,233 2002 218 5,525 17,700 18,931 2003 111 5,636 18,056 19,287 2004 188 5,824 18,658 19,889 2005 196 6,020 19,286 20,517 2006 91 6,111 19,577 1,289 20,866 2007 92 6,203 19,872 1,313 21,185 2008 2009 These are estimates only. This analysis uses 2000 census as the starting point and adds residential building permits to arrive at year -end estimates. Mn Dept of Corrections lists 1313 inmates in Lino Lakes facility as of 1/25/08. Building Permits for New Housing Units* TOTAL Single Town year NEW Family home Apartments ** 2000 240 224 17 2001 210 194 16 2002 218 202 16 2003 111 109 2 2004 188 126 62 2005 196 72 124 2006 91 57 34 2007 92 55 37 60 2008 2009 total 1346 annual average 2000 -07 annual average 2003 -07 168 135.6 *Single family and townhome data for 2000 from U.S. Census. Other data from Lino Lakes building permits data. * *Apartments are not added into the household total, as they are still vacant.