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HomeMy WebLinkAbout09-02-14 Council PacketWORK SESSION AGENDA CITY OF LINO LAKES Tuesday, September 2, 2014 CITY COUNCIL WORK SESSION Community Room (not televised) 6:00 P.M. 1. Sign Ordinance Amendment, Michael Grochala la. Noise Complaints during Blue Heron Days 2 Taproom Sunday Sales 3. 2015 Budget Discussion — To Follow Review Regular Agenda Adjourn WS — Item # 1 WORK SESSION STAFF REPORT Work Session Item No. 1 Date: September 2, 2014 To: City Council From: Michael Grochala Re: Sign Ordinance Update Background Following a City Council request to review the City's temporary sign regulations, the Planning and Zoning Board held a public forum, in December of 2012, to solicit comments from area businesses and institutional uses. Staff also completed a survey of sign regulations for surrounding communities. Nine (9) individuals brought forth suggestions regarding signage needs. In general the respondents requested more flexibility in the annual day allowance, location and duration of temporary sign permits. The board discussed several options in February of 2013 no final recommendations were made. In September of 2013 the City Council was approached by the pastor of Gethsemane Church requesting additional signage and expressing concern over the limited flexibility for multiple temporary signs on a property. The council directed staff to bring the issue back to the Planning and Zoning board for further discussion. The following modifications were discussed at the October 9, 2013 Planning and Zoning Board meeting. Comments were forwarded to the City Council and discussed at the November 4, 2013 Council work session. A draft ordinance was prepared and a public hearing was held at the May 14, 2014 Planning and Zoning Board meeting. Additional public comment was received including discussion on the display of flags. The hearing was continued and additional discussion was held by the board on June 11, 2014, July 9, 2014 and August 13, 2014 regular meetings. The Planning and Zoning Board took action at the August 13th meeting to recommend approval of the ordinance as drafted. A summary of changes by section has been provided for council review along with the proposed ordinance amendment. Changes to the Sign Ordinance text is shown by either strike out or underline. Text shown with a strike out is proposed to be deleted. Underlined text is new or has been moved from a different location in the ordinance. The proposed changes for consideration can be summarized in three categories; 1) Administrative changes; 2) Changes to temporary sign requirements and 3) Changes to permanent signs requirements. A summary of major changes are as follows: Administrative Changes • Reorganized chapter to consolidate similar code requirements. For example prohibited signs are now located in a Prohibited Signs section rather than dispersed throughout ordinance • Added definitions to clarify existing terms used in the ordinance. • Repetitive requirements where removed as applicable. Temporary Signs 1. Amendment provides for a temporary sign allowance of 90 days annually. This is roughly equivalent to one week a month. Business owners would determine dates but display would be limited to no more than 30 consecutive days. The City currently allows one permit each quarter for a maximum of 17 days each totaling 68 days. 2. One temporary sign is allowed per property except that properties with multi occupancy buildings are allowed one per business up to maximum of 3. 3. A deposit will be required at time of permit to provide incentive for removal. 4. Temporary off premise signs (advertising signs) are allowed between Thursday and Monday provided not greater than 3 sq. ft. No permit required. 5. Governmental flags are no longer subject to the sign regulations. Requirements for non - governmental flags remain unchanged. Permanent Signs • Increase allowance for permanent signage for non - residential uses in residential areas e.g., schools & churches by allowing for both a wall sign and a monument sign for these uses. The ordinance does not currently allow for both. 2. Change the wall sign requirements to allow for signs on any facade not adjacent to a residential zone. Signs may not exceed 100% or 10% of the building facade area. The city currently limits the number of wall signs to one unless the business fronts 2 streets. In this case a second sign is allowed. Requested Council Direction Staff is requesting council preliminary consideration of the proposed changes. If the council is supportive staff will place consideration of the first reading of the ordinance on the September 22, 2014 City Council agenda. Attachments 1. Summary of Proposed Changes 2. Draft Sign Ordinance Amendment, City Code Chapter 1010. Chapter 1010 Signs Summary of Changes: August 2014 General: The Sign Code section has been modified to improve organization. Two new sections have been created from the existing code; Non - Conforming Signs and Prohibited Signs. 1010.001 Purpose, Intent and Findings Subpart (1)(g) was amended to include temporary commercial speech and off - premise signs for special events. Subpart (2)(h) included the addition of the word "speech ". 1010.02 Definitions The term Advertising Sign was changed to Off - Premise sign. A definition for Fagade was added. The definition for Portable Sign was amended. The definition for Sign Area was amended. The definition for Temporary Signs was amended. 1010.003 Administration and Enforcement. The terms temporary and permanent was added to clarify permit requirements for signs. Permit fee requirement was placed in a new subpart. The double permit fee penalty was moved from Section 1010.009 and placed in this subpart. A permit is no longer required for maintenance of a sign unless it is altered, for example to change color, copy or structural elements. 1010.004 Non - Conforming Signs This section previously covered Dynamic Signs which are now covered in section 1010.006. Non - Conforming Sign requirements were previously included in Section 1010.006 General Regulations. No language was changed. 1010.005 Prohibited Signs. This section previously covered Zoning District Regulations which are now covered in section 1010.008. Prohibited Signs were previously enumerated in section 1010.006 General Regulations and intermixed with other provisions. 1 The only material change was the addition of subpart (7) Signs placed on vehicles or trailers which are parked or placed for the primary purpose of displaying the sign, exempt for lettering on buses, taxis, or vehicles operating during the normal course of business except as otherwise permitted in 1010.011. 1010. 006. Dynamic Display Sign Regulations. This section previously covered General Regulations which are now included in section 1010.007. Dynamic display regulations were previously located in section 1010.004. The only changes recommended for this section are: 1 Removing the exception for time and temperature displays; and 2 The inclusion of location and size provisions currently contained within the general regulations section. The current requirements prohibit dynamic signs in all zoning districts except those that those that are less than 20 square feet in size. Staff is recommending that this be amended to read as follows: (4) In all districts no more than 20 square feet of the allowable sign area provided for in section 1010.011 may be used for dynamic display signs, except that in Rural, Residential and Rural- Business Reserve zoning districts dynamic display signs shall only be allowed for non - residential uses. The intent here is to clarify that the 20 square feet is not in addition to but included in the total sign area allowed. Additionally, the amended language would eliminate the potential for placement on a residential property. 1010.007 General Regulations Applicable to All Districts This section previously covered the Substitution Clause which is now contained within section 1010.009. General Regulations were previously located in section 1010.006. General changes include: Prohibited signs previously listed under this section have been moved to section 1010.005. Sign construction requirements were amended to conform to the state building code rather than the uniform sign code which is no longer in effect. The requirements for illuminated signs were changed to allow them in all zoning districts. The source of lighting must be controlled to not shine on or light adjacent property or right -of -way. Signs not internally lit must have fixtures and sources screened from view. The temporary signs requirements were amended to include the following provisions: o Signs are allowed in all districts except that in Rural, Residential and Rural — Business Reserve Districts temporary signs are only allowed for non - residential uses o One sign per property except one per business for multi- occupancy structures with no more than 3 displayed at a time. o 90 days per year. Multi occupancy properties shall be one 90 day period per business. Cannot be displayed by more than 30 days. o Signs require a permit. Includes a deposit provision to insure removal of sign. 2 o Permit signed by property owner /manager. o Maximum height of 10 feet. o No illumination allowed. o Not allowed in public right -of -way. Multiple Occupancy building requirements were amended to provide for signs on each building facade. Non - conforming sign requirements were moved to section 1010.004 Dynamic display requirements were moved to section 1010.006 o The provisions for the display of flags were changed as follows specify that Government flags are not governed by this chapter. Non - government flags continue to be limited to one per property. The section includes a new provision that specifies the applicable sign standards for Planned Unit Developments. Off - premise signs are allowed on a temporary basis subject provided they are no greater than 3 square feet in area and the display is limited between 6 am on Thursday to 6 am on the following Monday. No permit would be required for these signs. 1010.008 Zoning District Regulations This section previously contained Severability which is now located in section 1010.010. The only changes proposed are renumbering of the applicable section references. 1010.009 Substitution Clause This section was previously Tables of Regulations for Zoning Districts which is now contained in section 1010.011. The substitution clause was previously contained in section 1010.007. No changes were made. 1010.010 Severability Severability was previously contained in section 1010.008. No changes were made. 1010.011 Tables of Regulations for Zoning Districts The section previously located in section 1010.009 contains the specific sign requirements for all zoning districts. Changes include: Temporary Sign Table was amended to include: o 90 day allowance for temporary sign display o Requirements stated elsewhere in the chapter have been deleted o Sandwich boards are allowed annually displayed within 10 feet of door Permanent Signs — Rural and Residential o Nonresidential uses and licensed residential care facilities may have one ground sign and one wall sign. Permanent Signs — Neighborhood, Limited and General Business Public /Semi - Public Districts. o Wall sign area amended to allow 100 sq. ft. or 10 % of wall surface area. 3 o Wall signs permitted on each facade unless directly adjacent to residential zones. o Double frontage lot requirements are no longer applicable and deleted. Permanent Signs — Industrial Districts o Same as Business Districts. Provisions for Motor Fuel Stations deleted because use is no longer permitted within districts. 4 CHAPTER 1010: SIGNS Section 1010.001 1010.002 1010.003 1010.004 1010.005 Zoning District Regulations Prohibited Signs Purpose, intent and findings Definitions Administration and enforcement Non - conforming Signs 1010.006 General regulations applicable to all districts Dynamic display sign regulations districts 1010.007 Substitution clause General regulations applicable to all 1010.008 1010.009 1010.010 Severability 1010.011 Tables of regulations for zoning districts Severability Zoning District Regulations §1010.001 PURPOSE, INTENT AND FINDINGS. Substitution clause (1) Purpose and intent. It is not the purpose or intent of this sign chapter 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 chapter are as follows. The sign chapter 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 chapter to promote the health, safety, general welfare, aesthetics and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals by authorizing: (a) Permanent signs which establish a high standard of aesthetics; (b) Signs which are compatible with their surroundings; (c) Signs which are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 1 (d) Signs which are large enough to convey the intended message and to help citizens find their way to intended destinations; (e) Signs that are proportioned to the scale of, and are architecturally compatible with, principal structures; (f) Permanent signs which give preference to the on- premise owner or occupant; and (g) Temporary commercial speech signs and off - premise whichsigns which provide an opportunity for special events while restricting signs which create continuous visual clutter and hazards at public right -of -way intersections. (2) 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 construction, location, size and maintenance of signs be controlled. Further, the city finds: (a) Permanent and temporary signs have a direct impact on and relationship to the image of the community; (b) The manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community; (c) An opportunity for viable identification of community businesses and institutions must be established; (d) 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; (e) 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 firefighting and other emergency service; (f) Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and thereby undermine economic value and growth; (g) 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; (h) Commercial speech signs are generally incompatible with residential uses and should be strictly limited in residential zoning districts; 20140804 Draft Ordinance V6- tracked changes draft.docx2$l40$9rl Draft Ordinance V6 tracked changes draft.docx 2 (i) The right to express noncommercial opinions in any zoning district must be protected, subject to reasonable restrictions on size, height, location and number; and (j) Light pollution creates negative impacts on the community, particularly in residential and rural areas. 1010.02 DEFINITIONS The following words and terms, when used in this sign chapter, shall have the following meanings, unless the context clearly indicates otherwise. OFF - PREMISE SIGN ! : ' .. . A sign which directs attention to a business, profession, commodity, service or entertainment not exclusively related to the premises where a sign is located or to which it is affixed. AREA IDENTIFICATIONSIGN. 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. National flags, state or municipal flags or the official flags of any institutions or businesses shall not be considered BANNERS. COMMERCIAL SPEECH. Speech advertising a business, profession, commodity, service or entertainment. CONSTRUCTION SIGN. A temporary sign identifying a building or construction site, architects, engineers, contractors or suppliers. DIRECTIONAL SIGNS. A sign providing directional information about the use or uses 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 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. FACADE. That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 3 FLAG. Any cloth, flexible plastic or fabric containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity, that is attached along one side to one pole or attached to a rope on one pole that allows for raising and lowering the flag. FLASHING SIGN. An illuminated sign on which the illumination is not kept constant in intensity or color at all times, when the sign is in use. 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. 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 a manner as to provide shelter or cover over the approach to any entrance of a store, building or place of public assembly. MOTIONSIGN. 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 or candidates.- 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. POLITICAL CAMPAIGN SIGNS. Signs or posters announcing the candidate(s) seeking political office and /or political issues and /or dates pertinent thereto. PORTABLE SIGN. A temporary sign designed to be movable from one location to another.with or without copy and graphic that is designed or intended to be moved or transported. Examples of portable signs are: Signs designed to be transported by trailer or on wheels; Mounted on a vehicle for advertising purposes, when the vehicle is parked and visible from public right -of -way, except signs identifying a business when the vehicle is being used in the normal day -to -day operation of that business; 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 4 PROJECTING SIGN. A permanent sign affixed to an exterior wall or roof of a building and which is perpendicular to the building wall. PYLONSIGN. 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. 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 shall not mean, and this chapter shall not apply to, any state or local road signs displayed for the purpose of identifying road construction or for the regulation of traffic associated therewith. SIGN AREA. The entire area of a temporary or permanent sign 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. For the purpose of this chapter, maximum square footage of a sign shall be computed on the basis of one face of any multi double faced sign. SIGN HEIGHT. Height shall be measured from grade to the uppermost points or level of sign structure. TEMPORARY SIGNS. A sign - - .. ... which is designed or intended to be displayed for a short period of time and is not permanently installed. This includes items such as banners, pennants, flags of other than a political jurisdiction, beacons, sandwich signs, balloons or other air or gas filled figures. 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 the wall and extending not more than 15 inches from the building wall face. § 1010.003 ADMINISTRATION AND ENFORCEMENT. (1) Permit required. No temporary or permanent sign shall be erected, altered, reconstructed, maintained or moved in the city without first securing a permit from the city, unless this chapter specifically states otherwise. The noncommercial speech 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 chapter, 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. 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 5 (1)(2) Sign permit fees shall be as specified in the city fee schedule. Double permit fees shall be assessed if the permit is pulled after the sign is placed. (2)(3) Repairs. (a) 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. All signs must be maintained to prevent the sign from becoming unkempt in appearance. When any ground sign is removed, the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions. (b) 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 chapter, shall be removed or otherwise properly secured in accordance with the terms of this sign chapter by the owners thereof or by the owners of the grounds on which the sign shall stand, upon receipt of proper notice so to do, given by the city. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this sign chapter and upon proper permit issued by the issuing authority. (3)(4) 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 the 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. E4)(5) Violations. Any violation of this chapter shall constitute a misdemeanor. Each day of the violation shall constitute a separate offense. § 1010.004 lot k !Iv:" or NON - CONFORMING SIGNS. (1) Nonconforming signs. It is recognized that signs exist within the zoning districts which were lawful before this sign chapter 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 chapter that nonconforming signs shall be allowed to continue to exist, 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 chapter to permit legal nonconforming signs existing on the effective date of this sign chapter, or amendments thereto, to continue as legal nonconforming signs provided the signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: (a) No sign shall be enlarged or altered in a way which increases its nonconformity; (b) Should the sign or sign structure be destroyed by any means to an extent greater than 50% of its replacement cost and no building permit has been applied for within 180 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 6 days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this chapter,. (c) Should the 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; (d) No existing sign devoted to a use not permitted by the zoning code in the zoning district in which it is located shall be enlarged, extended or moved except in changing the sign to a sign permitted in the zoning district in which is it located; and (e) 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. $ 1010.005 . ! • ! '. _ .. _ ! • . PROHIBITED SIGNS. The following types of signs are prohibited in all districts: (1) Off - premise signs as defined in this chapter, except as otherwise permitted in 1010.007. (2) Signs within public road right -of -way or 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 public facilities. A special exception may be granted by the City Council if road improvements or other public projects include the elimination of an access to a private property. In these cases, a sign giving directions to the new access may be allowed in the right -of -way. (3) Signs painted on, attached to or affixed to any trees, rocks or other similar organic or inorganic natural matter. (1)(4) 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 prehibite-d. Further, no 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. (2)(5) There shall be no useSigns with ef-revolving beacons, flashing signs, zip flashers or similar lighted devices. (3)(6) other access of any building or structure. Signs that obstruct any door, fire escape, stairway or 20140804 Draft Ordinance V6- tracked changes draft.docx2$l440$9/1 Draft Ordinance V6 tracked changes draft.docx 7 (7) Signs placed on vehicles or trailers which are parked or Placed for the primary purpose of displaying the sign, except for lettering on buses, taxis, or vehicles operating during the normal course of business except as otherwise permitted in 1010.011. (8) Projecting signs which extend over public property without an encroachment agreement, which the city may agree to at the city's discretion. (9) Roof signs including signs mounted on a roof surface or projecting above the roof line of a structure if either attached to the structure or cantilevered over the structure. (10) Abandoned signs or signs, other than temporary off - premise signs, that advertise an activity, business, product or service no longer available on the premises on which the sign is located. (11) Pennants or Stringers. (4)(12) Any signs not specifically allowed by this chapter. § 1010.006 CENERAL RECULATIONSDYNAMIC DISPLAY SIGN REGULATIONS. (1) 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 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. (2) In addition to safety concerns, light pollution creates negative impacts, particularly in rural areas and residential neighborhoods of the community. The city has adopted regulations of exterior lighting intended to reduce light pollution. Dynamic displays are by nature very bright and often are installed on highway signs, many of which are in rural and residential areas in Lino Lakes. (3) 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 set forth in this chapter. (4) Dynamic display signs, whether permanent or temporary, are prohibited in all zoning districts except those with a dynamic display area that is less than 20 square feet In all 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 8 districts ,no more than 20 square feet of the allowable sign area provided for in section 1010.011 may be used for dynamic display signs, except that in Rural, Residential and Rural - Business Reserve zoning districts dynamic display signs shall only be allowed for non- residential uses. § 1010.007 SUBSTITUTION CLAUSEGENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS (1) All permanent signs shall be constructed in conformance with the provisions of the Minnesota State Building Code, as amended, and Chapter 1003 of City Code. (2) Signs in windows in the interior of buildings are allowed without permits except that dynamic display signs including flashing signs are not allowed in windows, regardless of size. No signs shall be attached to the exterior of windows. (3) "No hunting" and "No trespassing" signs are allowed as regulated by M.S. § 97B.001, as it may be amended from time to time, no permit required. (4) Illuminated signs are allowed in all zoning districts. Illuminated signs also are allowed in a planned unit development when the illuminated signs comply with the requirements of this chapter and are part of an approved comprehensive sign plan. (5) The source of light for any illuminated sign must be controlled so as not to shine directly upon or light adjacent property or public right -of -way. Signs which are not internally illuminated shall have light fixtures and sources screened from view. (6) 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. (7) Signs in election years. In state general election years, the provisions of M.S. § 211B.045, as amended, shall apply. Notwithstanding other provisions of this chapter regulating the allowed size or number of signs, in city election years all temporary noncommercial speech signs of any size may be posted in any number without a permit from 30 days before the city election until ten days following the city election. Other requirements of this chapter, including those regarding the location of signs, shall continue to apply. (5)(8) Temporary signs. A temporary sign may be erected on a property in accordance with Section 1010.011 and the following regulations: a. Temporary signs are allowed in all districts except that in Rural, Residential, and Rural — Business Reserve zoning districts temporary signs shall only be allowed for non - residential uses. 20140804 Draft Ordinance V6- tracked changes draft.docx2$140S9/1 Draft Ordinance V6 tracked changes draft.docx 9 b. One temporary sign per property is allowed except that the maximum number of temporary signs for properties with multi - occupancy buildings shall be one per business, with no more than three (3) per property displayed at one time. c. Signs may not be displayed for more than 90 days per calendar year, per property, except that for properties with multi - occupancy buildings shall be allowed 90 days per tenant per calendar year. A single permit shall not exceed 30 consecutive days. d. Signs may not be displayed without a permit. Each permit must indicate the number of days and the dates the sign is be displayed. A fee and deposit at a level established by ordinance adopted by the city council is required. The deposit shall be forfeited if the sign was erected past the date of removal, as indicated on the permit. e. Permits shall be signed by the property owner and /or property manager. f. The city has the right to remove the sign at the end of the permit period and g. collect the cost of removal from the permit holder and/or property owner. The maximum height of a ground mounted temporary sign shall not exceed ten (10) feet in height as measured from the ground. h. No temporary sign shall have lighting or illumination of any sort. i. No temporary signs are allowed in the public right -of -way and any off - premise temporary sign shall be placed only with the property owner's permission. LLTemporary Off - Premise Signs are allowed, without a permit, as follows: a. The sign must be setback at least 5 feet from a property line; b. Only one sign shall be allowed per parcel of property; c. Placement of the sign shall require permission from the underlying property owner; d. The sign shall only be displayed between 6:00 a.m. on a Thursday and 6:00 a.m. the following Monday; and e. The sign area shall be no larger than 3 square feet in area and no higher than 4 feet above the ground to which it is attached. (10) Directional signs up to four square feet are allowed up to ten feet above grade provided they are not erected adjacent to any residential streets. 20140804 Draft Ordinance V6- tracked changes draft.docx2$140S9/1 Draft Ordinance V6 tracked changes draft.docx 10 (11) 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 the part of the sign is integral to the overall design of the sign. (12) Multi - occupancy business and industrial buildings. When a single principle building is devoted to three 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. (a) 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. (b) 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 of the area identification sign must identify the entire site, the balance of the sign may be used for individual tenant identification. (c) Except as provided in this chapter, 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 per building facade that the tenant occupies, and each sign shall be limited to the maximum wall size sign permitted per building facade, the total of which shall not exceed the square footage allowed. (d) 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 50 square feet and shall be located within 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. (12) Street addresses required to comply with address ordinances or building codes do not require a sign permit. (13) Flags (a) Flags symbolizing a government or political subdivision, or a branch or department of a government or political subdivision, which comply with the following standards are pefmitted 20140804 Draft Ordinance V6- tracked changes draft.docx2$l40$94 Draft Ordinance V6 tracked changes draft.docx 11 i. No more than three (3) flags greater than one (1) square foot in ar shall be allowed on one property. ii.Notwithstanding the provisions of this section any number of flags of any size may be placed on a property during a federally recognized holiday. Said flags shall be displayed no sooner than seven (7) prior to said holiday and removed (a) Flags symbolizing a government or political subdivision, or a branch or department of a government or political subdivision, US military service, or veteran's organizations chartered by Congress are not regulated by this chapter. (b) Each lot may fly one flag that is not a symbol of a government provided that it is affixed to a building or flagpole that is permanently mounted in the ground or mounted on a building. More than one non - government flag shall be regulated as permanent signage. (c) Display of a flag(s) does not require a sign permit. ((14) P.U.D. zoning districts; permanent and temporary signs are regulated according to the standards for the corresponding land use and zoning category as stated in this chapter. A sign plan with differing requirements may be approved by the City. § 1010.008 SEVERABILITYZONING DISTRICT REGULATIONS (1) Rural Zoning Districts. (a) R Rural District R -X Rural Executive District R- BR Rural Business Reserve District (b) 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 §§ 006 1010.007 and 4-04-070091010.011. (2) Residential Zoning Districts. (a) R -1 Single - Family Residential District R EC Single Family Residential District 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 12 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 (b) 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 1010.006 1010.007 and 1010.0091010.011. (3) Business and Public and Semi - Public Zoning Districts. (a) NB Neighborhood Business District LB Limited Business District GB General Business District PSP Public and Semi - Public District (b) In the Neighborhood Business District all signs must comply with the requirements in 1010.006 1010.007 and 1010.0091010.011. (c) In the Limited Business District all signs must comply with the requirements in 1010.006 1010.007 and X91010.011. (a) In the GB General Business District all signs must comply with the requirements in 1010.006 1010.007 and 1010.0091010.011. (b) In the PSP Public and Semi -Public Districts all signs must comply with the requirements in 1010.006 1010.007 and 1010.0091010.011. (4) Industrial Zoning Districts. (a) 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 13 LI Light Industrial District GI General Industrial District (b) In the Light and General Industrial Districts all signs must comply with the requirements in 1010.006 1010.007 and 1010.0091010.011. (6) AdvertisingOff premise signs as defined in this chapter are prohibited in all zoning districts, except as otherwise permitted in 1010.009. (7) All permanent signs shall be constructed in conformance with the provisions of the hereby adopted by reference and made a part of this chapter. (8) 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 • 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 these cases, a sign giving directions to the new access may be allowed in the right of way. organic or inorganic natural matter. (10) Signs in windows in the interior of buildings are allowed without permits except size. No signs shall be attached to the exterior of windows. (11) "No hunting" and "No trespassing" signs are allowed as regulated by M.S. § 97B.001, as it may be amended from time to time, no permit required. (12) Illuminated signs are allowed only in Neighborhood Business, Limited Business, requirements of this chapter and are part of an approved comprehensive sign plan. (13) The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. (14) 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. 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 14 (15) 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, no sign shall be installed, which by reason of position, shape or color would (16) There shall be no use of revolving beacons, flashing signs, zip flashers or similar lighted devices. (17) No sign shall be permitted to obstruct any door, fire escape, stairway or other access of any building or structure. (18) Signs in election years. In state general election years, the provisions of M.S. § 211B.045, as amended, shall apply. Notwithstanding other provisions of this chapter regulating the allowed size or number of signs, in city election years all temporary noncommercial speech signs of any size may be posted in any number without a permit from 30 days before the city election until ten days following the city election. Other requirements of this chapter, including those regarding the location of signs, shall continue to apply. (19) Temporary signs may be erected in compliance with the requirements of the (20) Directional signs up to four square feet are allowed up to ten feet above grade provided they are not erected adjacent to any residential streets. (21) Projecting signs which extend over public property are prohibited without an (22) Roof signs are prohibited. (23) The exposed uprights, superstructure or back side of all signs must be painted a (2'1) For the purpose of this chapter, maximum square footage of a sign shall be computed on the basis of one face of any multi faced sign. (25) Multi occupancy business and industrial buildings. When a single principle 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 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 15 (a) 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. (b) 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 of the area identification sign must identify the entire site, the balance of the sign may be used for individual tenant identification. (c) Except as provided in this chapter, individual tenants of multiple occupancy exterior entrance. The number of signs shall be limited to one per building facade that the frontage, and each sign shall be limited to the maximum wall size sign permitted per building facade rin the district, the total of which shall not exceed the square footage allowed. (d) 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 50 square feet and shall be located within 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 (12) Any signs not specifically allowed by this chapter are prohibited. (13) Dynamic display signs, whether permanent or temporary, are prohibited in all zoning districts except those with a dynamic display area that is less than 20 square feet. (14) Street addresses required to comply with address ordinances or building codes do not require a sign permit. (1) (a) For the purposes of this chapter, a flag symbolizing a government or political subdivision, or a branch or department of a government or political subdivision, is considered noncommercial speech and is not regulated by this flags are on flagpoles that are permanently mounted in the ground or mounted on a building. More than three flags shall be considered advertising to draw attention to a commercial or industrial activity and thus commercial speech. In such a situation, flags numbering more than three shall be regulated as permanent 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 16 (b) Each lot may fly one flag that is not a symbol of a government or political subdivision, or a branch or department of a government or political subdivision, and that is on a flagpole that is permanently mounted in the ground or mounted on a building. More than one non government flag shall be regulated as permanent signage. § 1010.009 CLAUSE - -- '- - ' -- - - - • .1. �• • SUBSTITUTION The owner of any sign, which is otherwise allowed by this sign chapter, may substitute a noncommercial speech 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. § 1010.010 SEVERABILITY If any section, division, sentence, clause or phrase of this sign chapter is for any reason held to be invalid, the decision shall not affect the validity of the remaining portions of this sign chapter. The City Council hereby declares that it would adopt the sign chapter in each section, division, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. §1010.011 TABLES OF REGULATIONS FOR ZONING DISTRICTS 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 17 (1) Temporary Sign Requirements_ Table All Temporary signs shall be subject to the following requirements: Sign Type Permit Size (square feet) Location DurationSpecial Provisions Banner Required 32 square feet maximum All 4 corners must be attached to the principal building on the site. 1. One banner is allowed per permit. 2. One is permit allowed per quarter of any calendar year. 3. Permit is for 17 days. good consecutive Allowed for 90 days total per year for a maximum of 30 consecutive days. Permit required for each occurrence. sign area. ' ' • • • _ 5. Double fees be if the is the is permit will assessed permit pulled after sign placed. 6. The has the to the the the the city right remove sign at end of permit period and collect cost of Portable Signs Required q 32 square feet maximum Must be setback a 1. One portable sign is allowed per permit. 2. One is permit allowed per quarter of any calendar year. 3. Allowed for 90 days total per year for a maximum of 30 consecutive days. Permit required for each occurrence.Permit is good for 17 consecutive days. (except sandwich board minimum of 5 feet , . . sign area. from property line. • - • _ - 5. Double fees be if the is the is permit will assessed permit pulled after sign placed. Sandwich Boards Required - at the cost of ono-f 6 square feet maximum 1. Must be in front of space occupied by business advertised on sign. 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. No further than X10 feet from door to business advertised on sign. 2. Can only be displayed during business hours; must be brought inside when business closes each day. temporary sign area.- sign permit 3. Must maintain 4 feet clear area for pedestrian passage, 3.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 20140804 Draft Ordinance V6- tracked changes draft.docx20110801 Draft Ordinance V6 tracked changes draft.docx 18 20140804 Draft Ordinance V6- tracked changes draft.docx20140804 ID-raft Ordinance V6 tracked changes draft.docx 19 including distance from tables, opening doors, planters and the like. shabby, unkempt appearance. 4. Must not be located in parking area. Pennants N/A NIA Prohibited Pennants are prohibited. Balloons or Inflatable Signs Not required 24 inches diameter maximum N/A No balloons inflatable 21 inches in diameter or signs over are allowed. sign area Construction (does n does not include names on construction trailers or trucks) No permit required for g n p 1 sign per frontage on street forming periphery of site. 10 acres or more: max. 100 square feet per sign. Must be on subject property. If a single structure, sign must be removed 30 days after issuance of certificate of occupancy for the g � y p y structure. If more than 1 structure, must be removed 30 days after certificate of occupancy is issued for last building. Under 10 acres: max. 32 square feet per sign. 10 feet from property line. If a residential subdivision, must be removed after certificate of occupancy is issued for last building. 1 sign on each peripheral street. Real Estate Sign No permit p for 1 sign per frontage on street forming periphery of site. 10 acres or more: max. 100 square feet per sign. Must on subject property. y. If a single structure, sign must be removed 30 days after issuance of certificate of occupancy for the structure. If more than 1 structure, must be removed after certificate of occupancy is issued for last building. g. Under 10 acres: max. 32 square feet per sign. 10 feet from property line. If a residential subdivision, must be removed when all of the units are sold. 1 sign on each peripheral street. 20140804 Draft Ordinance V6- tracked changes draft.docx20140804 ID-raft Ordinance V6 tracked changes draft.docx 19 (2) Permanent Sign Requirements_ Table All permanent signs shall be subject to the following requirements: (a) Rural and Residential Zoning Districts Sign Type R Rural R -X Rural Executive R -BR Rural Business Reserve Districts Requirements R R R EC -1, -1X, R -2, R -3, R -4, R -6 Residential Districts Requirements Identification or Nameplate Signs Maximum sign area of 2 square feet One per residence No sign permit is required. Maximum sign area of 2 square feet No sign permit is required Area Identification Signs Can be placed at entrances to neighborhood; the number of the signs per neighborhood shall be determined by the city, with consideration to the number of entrances to the neighborhood. Can be placed at entrances to neighborhood: the number of signs per neighborhood shall be determined by the city, with consideration to the number of entrances to the neighborhood. Maximum sign area of 24 square feet. Maximum sign area of 24 square feet. Max height 6 feet. Max height 6 feet. Ground Signs Each property with a residence may have one freestanding sign, temporary or permanent, without a permit: the maximum size is 6 square feet, placed at least 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. Each property with a residence may have one freestanding sign, temporary or permanent, without a permit: the maximum size is 6 square feet, placed at least 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. In addition, non - residential uses and licensed residential care facilities that are allowed by the Zoning Ordinance may have: In addition, non - residential uses and licensed residential care facilities that are allowed by the Zoning Ordinance, and manufactured home parks in R -6 zones, may have: 1. One ground sign. 1. One ground sign. 2. Maximum sign area of 32 square feet each sign. 2. Maximum sign area of 32 square feet each sign. 3. Maximum sign height of 8 feet. 3. Maximum sign height of 8 feet. of Of One wall sign as below. One wall sign as below. Building Wall Signs Non - residential uses and licensed residential care facilities that are allowed by the Zoning Ordinance may have one wall sign on one building, maximum sign area of 50 square feet. Non - residential uses and licensed residential care facilities that are allowed by the Zoning Ordinance, and manufactured home parks in R -6 zones, may have one wall sign on one building, maximum sign area of 50 square feet. AdvertisingOff premise Signs Prohibited 20140804 Draft Ordinance V6- tracked changes draft.docx20140804 8r-aft Ordinance V6 tracked changes draft.docx 20 Property Setback No sign shall be closer than 10 feet to any property line. (b) Neighborhood Business Zoning District Single and Double Occupancy Buildings Requirements Multi- Occupancy Buildings Requirements Ground and Pylon Signs Individual if business is integrated If a single building has 3 or more businesses, it must comply with § 1010.0061010.007(2011) and shall be limited to: sign allowed only not part of retail complex. One ground sign per parcel of any type One ground sign 1. 50 square feet maxMaximum sign area of 50 square feet.. 1. 100 square feet.Maximum sign area of 100 square feet. 2. 30 feet height max.Maximum sign height of 30 feet. 2. 30 feet maxMaximum sign height of 30 feet.. 3. No closer than 50 feet to another ground sign. 3. No closer than 50 feet to another ground sign. Building Wall Signs Single road frontage: 1 sign greater of:Total wall sign area shall Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. not exceed: -1-100 square feet; or 10% of the building facade area, Same size as single /double. whichever is greater 2. 10% of front building facadee and 5% or side or rear facade .. Double frontage or corner lot: may have 1 additional wall sign on any wall, Wall signs are permitted on any facade that is not directly adjacent to a residential zone. For the purposes of this section a greater of: Same as single /double road shall constitute a separation of zones. Double frontage lot: have 1 1. 100 feet; or corner may additional wall sign square or on any wall, greater of: 1. 100 feet; 2. 10% building face. square or of 2. 10% building face If this is building, it be for tenant that building second sign on end of shall of be the building. of only and shall stylistically consistent with other signs on No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street.For the purposes of this section a road shall No illuminated sign may face land zoned residential or guided residential by comprehensive plan. This does not include across a street. For the purposes of this section a road shall constitute a separation of zones constitute a separation of zones No roof signs. No roof signs. No wall sign higher than parapet wall. No wall sign higher than parapet wall. AdvertisingOff premise Prohibited 20140804 Draft Ordinance V6- tracked changes draft.docx20140804 8r-aft Ordinance V6 tracked changes draft.docx 21 Signs Property setback No sign may be closer than 5 feet to any property line. (c) Limited Business Zoning District Single and Double Occupancy Buildings Requirements Multi- Occupancy BuildingsRequirements Motor Fuel Station -Signs Requirements Ground and Pylon Signs Individual if business is If single building has three or more businesses, must comply with § 1010.0061010.007(2019) and shall One pylon per frontage 1. 80 square feet. sign allowed only not part of integrated retail complex. be limited to: 2. 45 feet height. One ground sign of any type One ground sign of any type If abutting freeway: 1. 50 square feet maxMaximum sign area of 50 square 1. 100 square feet maxMaximum 1. One additional pylon sign. feet. sign area of 100 square feet. 2. 30 feet height maxMaximum sign height of 30 feet. g g g 2. 30 feet height maxMaximum sign a. 100 square feetMaximum sign area of 100 height of 30 feet. square feet. 3. Shall not be located No closer than 50 feet to another 3. NeShall not be located - closer than b. 65 feet heightMaximum sign height of 65 feet. 2. One additional ground sign per frontage. a. 32 square feet maxMaximum sign area of ground sign. 50 feet to another ground sign. 32 square feet. b. 30 feet max heightMaximum sign height of 30 feet. Building Wall Signs Single road frontage: one sign, greater of:Total wall sign Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Single road frontage: one sign, greater of: area shall not exceed: 1. 100 square feet; or 10% of the building facade area Same size as single /double. 1. 100 square feet; orSame as single /double. whichever is greater Wall signs are permitted on any facade that is not directly Same as single /double. 2. 10% of building face. Same as adjacent to a residential zone. For the purposes of this section a road shall constitute a separation of zones.2: single /double 10% building face. of Double frontage lot: have Double frontage or corner lot: may have Double frontage lot: have or corner may one additional or corner may one one additional wall sign on any 20140804 Draft Ordinance V6- tracked changes draft.docx2014080/I Draft Ordinance V6 tracked changes draft docx 22 20140804 Draft Ordinance V6- tracked changes draft.docx20140801 Draft Ordinance V6 tracked changes draft.docx 23 wall sign on any wall, greater of: wall, greater of: additional wall sign on any wall, greater of: 1. 100 feet; 1. 100 square feet; or 1. 100 feet; square or square or 2010% front building facade, of and 2. 10% of building face. 5% of face.side or r -ar facade. 2. 10% of building face. If this is Canopies must comply with conditional use permit requirements in Zoning Ordinance. second sign on end of building, it be for tenant that shall of building be only and shall stylistically consistent with other the building. signs on No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. ^mss: No No roof signs. roof signs. No wall sign higher than parapet wall. No wall sign higher than parapet wall. No wall sign higher than parapet wall. AdvertisingOff premise Prohibited Signs Property setback No sign may be closer than 5 feet to any property line. 20140804 Draft Ordinance V6- tracked changes draft.docx20140801 Draft Ordinance V6 tracked changes draft.docx 23 (d) General Business, Public Semi - Public Zoning Districts Single and Double Occupancy Buildings (except motor fuel stations) Requirements Multi- Occupancy Buildings Requirements Motor Fuel Station Signs Requirements Ground and Pylon Signs Individual if business is if If single building has 3 or more businesses, must comply with § X61010.007(2811) and shall be limited to: One pylon per frontage: sign allowed only not part integrated retail complex. One ground sign per parcel of any type. Ground signs of any type totaling 2 square feet per frontage foot. Ground signs of any type totaling 2 square feet per frontage foot. 1. 80 square feetMaximum sign area of 80 square feet. 1. Max 200 square feetMaximum sign area of 200 square 1. 200 square feet maxMaximum 2. /15 feet Maximum sign height of 45 feet feet. sign area of 200 square feet. heignL 2. /10 feet maxMaximum sign height of 40 feet. 2. 40 feet height maximum sign If abutting freeway: height. Shall not be located closer than 50 feet to another ground Shall not be located closer than 50 1. 1 additional pylon sign. feet to another ground sign.Must be sign.Must be 50 feet away from another ground sign. 50 feet away from another ground sign. a. Maximum sign area of 100 square feett. b. 65 feet heightMaximum sign height of 65 feet. 2. 1 additional ground sign per frontage. a. 32 square feet maxMaximum sign area of 32 square feet. b. 30 feet max heightMaximum sign height of 30 feet. Building Wall Signs Total wall sign area shall not exceed:Single road Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. Single road frontage: 1 sign, greater of:Total frontage: 1 sign, greater of: wall sign area shall not exceed: 1. 100 square feet; or 10% of the building facade area Same size as single /double. 1. 100 square feet; or10% of the building whichever is greater facade area whichever is greater Wall signs are permitted on any facade that is not directly Same size as single /double. Wall signs are permitted on any facade that is 20140804 Draft Ordinance V6- tracked changes draft.docxo^ O'l Draft Ordinance V6 tracked changes draft.docx 24 20140804 Draft Ordinance V6- tracked changes draft.docx20140804 graft Ordinance V6 tracked changes draft.docx 25 adjacent to a residential zone. For the purposes of this not directly adjacent to a residential zone. section a road shall constitute a separation of zones2 For the purposes of this section a road shall 10% of building face. constitute a separation of zones2. 10% of building face. Double frontage lot: have 1 Double frontage lot: Double frontage lot: have 1 or corner may have 1 additional wall sign on any or corner may additional wall or corner may sign on any wall, greater of: additional wall sign on any wall, greater of: wall, greater of: 1. 100 feet; 1. 100 feet; 1. 100 square feet; or square or square or 2. 10% building face. 2. 10 °% of front building facfacades 2. 10% building face. of and 5% of side or reare.facade. of If this is Canopies must comply with conditional use permit requirements in Zoning Ordinance. second sign on end of building, it be for tenant that shall of 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. For the purposes of this No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. For the purposes of this No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. This does not include across a street. For the purposes of this section a road shall constitute a separation of zones section a road shall constitute a separation of section a road shall constitute a zones separation of zones No roof signs. No No roof signs. roof signs. No wall sign higher than parapet wall. No wall sign higher than parapet wall. No wall sign higher than parapet wall. AdvertisingOff premise � . +oa rro�t �.o�«a Signs Property setback No sign may be closer than 5 feet to any property line. 20140804 Draft Ordinance V6- tracked changes draft.docx20140804 graft Ordinance V6 tracked changes draft.docx 25 e. Light and General Industrial Zoning Districts Business Signs (single Single and double Double Multi- Occupancy Business Building Motor Fuel Station Signs occupancy Occupancy bBuildings) (except motor fuel stations) Requirements Requirements Ground and Pylon Signs Individual sign allowed only if business is not part of integrated retail complex. If single building has 3 or more businesses, must comply with § X0061010.007(2011) and shall be limited to: One frontage. pylon per Ground signs of any type totaling 2 square feet per frontage foot: Ground signs of any type totaling 2 square feet per frontage foot: , Qn yo o. 1. Maximum 200 square feetsign area of 200 square feet. 1. Max 200 square feetMaximum sign area of 200 square feet. 2. '15 feet heir 2. 40-f htMaximum sign height of 40 feet. 2. 10 feet heightMaximum sign . . height of 40 feet. 3. Shall not be located closer than 50 feet to another 3. Shall not be located closer than 1. One additional pylon. 50 feet to another ground sign.Ne sign.No closer than 50 feet to another ground ground closer than 50 feet to another sign. ground sign. a. 100 square feet. b. 65 feet height. 2. One frontage. additional ground sign per 32 feet a. square max. b. 30 feet max height. Building Wall Sign Single frontage: 1 Total Sign for individual business only if business has separate entrance: sign maximum size applies to that tenant's wall area. road sign, greater of: wall sign area shall not exceed: Single road frontage: 1 sign, greater of: 1. 100 square feet; or 10% of the building fagade area Same size as single /double. - - - whichever is greater . ! ! :.. ; : Wall signs are permitted on any facade that is not directly 1 ° . ' ' ' adjacent to a residential zone. For the purposes of this section a road shall constitute a separation of zones2- 10% of building face. 20140804 Draft Ordinance V6- tracked changes draft.docx20140804 8r-aft Ordinance V6 tracked changes draft.docx 26 20140804 Draft Ordinance V6- tracked changes draft.docx20140801 Draft Ordinance V6 tracked changes draft.docx 27 Double frontage lot, have 1 Double frontage or corner lot: may have 1 additional wall sign on any wall, greater of: Double frontage lot: have 1 or corner may additional wall or corner may sign on any wall, greater of: additional wall sign on any wall, greater of: 1. 100 feet; 1. 100 feet; 1. 100 square feet; or square or square or 2. 10% of building face. 2. 10% of front building facfaGade or 5% of side or rear facade.e. 2. 10% of building face. If is building, second sign on end of it be for tenant that building shall of be only and shall stylistically consistent with other signs on the building. No illuminated sign may face land zoned residential or by the This does No illuminated sign may face land zoned residential or guided residential by the comprehensive This does not include No illuminated face land sign may zoned by the guided residential comprehensive plan. not include across a street. For the purposes of this residential or guided residential This does not include plan. across a comprehensive plan. across a street. section a road shall constitute a separation of zones street. For the purposes of this section a road shall constitute a separation of zones No roof signs. No No roof signs. roof signs. No wall sign higher than parapet wall. No wall sign higher than parapet wall. AdvertisingOff Dv ,, , +o premise �ed s Property setback No sign may be closer than 5 feet to any property line. 20140804 Draft Ordinance V6- tracked changes draft.docx20140801 Draft Ordinance V6 tracked changes draft.docx 27 WS — Item #i a WORK SESSION STAFF REPORT Work Session Item No. la Date: September 2, 2014 To: City Council From: Jeff Karlson Re: Noise Complaints during Blue Heron Days Background On August 18th the Council received a complaint from Jon Hermann, 7859 Lois Lane, about the noise levels from The Tavern (formerly Miller's on Main) during the outdoor concerts over the Blue Heron Days weekend. The City has received complaints from Mr. Hermann in previous years. The Police Department has used volume monitoring equipment borrowed from the Minnesota Environmental Protection Agency on at least two occasions to test the noise levels while the concerts were going on. In a 2007 memo, former Captain Kent Strege wrote that the only readings that exceeded standard background noise levels were found in the immediate vicinity of Miller's property. Subsequent readings while the band was playing did not indicate illegal noise levels. Chief Swenson said the police did not receive any complaints during this year's event, and generally do not until after the event has occurred. Mr. Hermann has been invited to attend the September rd work session to address the noise issue. WS — Item #2 Date: To: WORK SESSION STAFF REPORT Work Session Item No. 2 September 2, 2014 City Council From: Julie Bartell, City Clerk Lisa Hogstad - Osterhues, Deputy City Clerk Re: Brewery Taproom Sunday Sales and Liquor Regulations Update Background The Minnesota Legislature Omnibus Liquor Bill approved in 2014 includes various changes to liquor license requirements. One change is a statutory amendment that allows brewer taprooms to be open and conduct on -sale business on Sundays if authorized by the municipality (Minn. Stat. 340A.201, subd. 6b). Currently Sunday sales are allowed in the city but only for facilities that are restaurants and sell on -sale liquor in conjunction with the serving of meals. Hammerheart Brewery, 7785 Lake Drive, has an on -sale brewer taproom license issued by the City and the brewery owners have expressed interest in obtaining Sunday sales authorization. Allowing them to sell on Sunday would require an amendment to the city's liquor regulations that are included in Chapter 701 of the City Code. Requested Council Direction If the council supports Sunday sales for brewery taprooms in Lino Lakes, staff will prepare an ordinance amending the Code for consideration by the council at the next regular meeting. 2015 GENERAL FUND FORECAST GAP ANALYSIS 8/29/2014 Changes Affecting 2V15 Draft Budget /2� // �� ��'��s� �^ �� ��,'-- / J2_111 Gap Revisions Revisions Updated Gap Base Budget Chanqes 7/1/2014 8/25/2014 8/29/2014 8/29/2014 Expenditures/Uses PubIic Safety Admin Asst (1/2) 33,295 33,295 Position Redaoo'Dep Director Police Opa 4.841 - 4,841 111,884 (30,000) 3,212 85,096 Salary/Benefit Other Supplies, Services and Contractual 100.284 - 100.284 Centennial Fire Diothct 18.154 ` 43.499 ��(571) ' ��' �O82 Capital Outlay - Elections, Police (4.027) (4.027) Pavement Management/Stree Maintenance 24.500 24.500 Total Expenditures/Uses 280,931 13,499 (49,759) 244,671 Revenues/Sources Use of Reserves '2O14 165.947 (150.000) 15.947 Transfers from Narcotics Forfeitures - 2014 121.650 121.656 Other Revenue lmpacts (69.400) (69.400) ToteiRevnnuns/Snumee 218,203 (150,000) 68.203 Total Changes to BaseBudgettodate 498'134 (436'501) (49.759) ` :312,874 New Startup Budget Changes Fire BepartmentEotimate(Gtartvp[7 erating Coats) . .,��x�'`� - .`~� `�.����.,''}�.?•4Oo0S4 , New Budget Requests Personnel (Salary and Benefits) Assistant Administrator (Diff of PT Offic Tech) 80.602 Temp Scanning 17,295 3 Patrol Officers 241,686 (241,686) Total Personnel 399,583 (241,686 Other Items Pay Equity Study Capital Outlay Parks Total General Operations 30,000 (30,000) 90,000 (90,000) 120,000 (120,000) Capital Expenditures Cap Equipment Replacement Fund 50,000 (50,000) 50,000 (50,000) Total Capital Total New Budget Requests 80,602 17,295 97,897 509,583 (411,686) 97,897 Total Operating Gap to date `� ^��`��' ���/ ''�� / / General Fund Special Levy - Special Levy - Special Levy - City of Lino Lakes 2015 Estimated Tax Levy Levy PERA Contribution Total Operating Levy* Target/Kohls Abatemt Legacy/YMCA Abatemt 2006C Adopted 2013 7,140,310 50,228 7,190,538 Debt Levy Certificate of Indebtedness 2010 Certificate of Indebtedness 2011 Certificate of Indebtedness 2012 Certificate of Indebtedness 2013 Certificate of Indebtedness 2014 Taxable G.O. Imp Bond 2003B G.O. Improvement Bond 2005A G.O. Improvement Refunding Bond 2005B (1) G.O. Tax Abatement Bond 2006C (2) G.O. CIP Refunding Bond 2006E (3) G.O. Bond 2012A (Signal Project) (1) Total Debt Levy Total Levy * Includes MVHC (1) Levy result of Voter- Approved Referendum (2) Levy result of participation in YMCA project (3) Levy result of Civic Complex Construction. Adopted Estimated Difference 2014 2015 2014 -2015 7,098,922 7,992,215 893,293 7,098,922 7,992,215 893,293 64,890 42,851 43,481 54,469 53,561 54,086 70,034 69,615 177,952 23,781 134,528 155,782 245,511 255,381 264,458 459,060 443,940 449,820 174,943 179,563 1,025,090 1,197,122 1,195,494 8,215,628 8,296,044 9,187,709 (43,481) 525 (419) 177,952 (155,782) 9,077 5,880 4,620 (1,628) 891,665 CITY OF L UNO LAKES 2015 General Fund Budqet/Gap Analysis Net Tax Capacity Calculation Taxable Market Vaue Annual % Change Actual 2013 Actual Estimate 2014 2015 1.519.857.243 (7.35%) 1.509.821.169 1.696,252.813 12.34% Total Net Tax Capacity Value 16.601.721 16.438.245 18.362,453 Less FD Contribution in Value 1.205.912 1.083.390 1.072'911 Less Captured Value forTax Increment 234,159 232.280 225.467 Total NetTax Capacity Value 15.161,650 15,142,966 17,064'075 Annual % Change (7.9696) (0.1296) 12.6996 Total Levy Less FD Dstribution Total Net Levy for Tax Rate Annual % Change Net Tax Capacity Rate Calculation 2013 2014 2015 8,215,628 8,296,044 9,187,709 1,124,143 1,226,988 1,232,171 7,091,485 7,069,056 7,955,538 TAX CAPACITY RATE GAP Levy Required for Estimated 2015 2015 levy at 2014 rate of 46.682% Adiustrinent Needed_to Maintain 2014 Tax, ate 9,187,709 9,198,041 City of Lino Lakes Average Cost per CFD Medical /Rescue Call For the Years 2012 and 2013 Actual Actual 2012 2013 Total CFD Duty Crew Wage Cost* 21,298 55,250 Total CFD Medical /Rescue Wage Cost Paid On Call (POC 56,585 50,191 Lino Lakes % of CFD Budget 69.3% 68.2% Lino Lakes Share of Duty Crew (DC) Wage per year 14,760 37,681 Lino Lakes Share of Medical /Rescue Wage per year 39,213 34,230 Total 53,973 71,911 Total Calls - Paid On Call (POC) 1,085 1,053 Total Medical /Rescue Calls - POC 822 791 Total Medical /Rescue Calls - Lino Lakes 515 435 Total Not Needed Med /Resc Calls - Lino Lakes 227 252 Lino Lakes Avg. Wage Cost per Medical /Rescue Call POC 76.14 78.69 Savings to be realized for Not Needed calls POC 17,284 19,830 Total Wage Savings for New Protocol - DC & POC 32,044 57,510 Add 1 Patrol Officer Wages only - 1st Step for 2015 53,528 53,528 * CFD Duty Crew initiated 4/17/12