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Home My WebLink AboutPZ packet; 3-09-09 cm L.k K E City EL kl11 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 (651) 777-5510 Fax: (651)777-9615 Www.LakeElmo.Org NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Monday, March 9, 2009, at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. None 4. Public Hearings a: VARIANCE: Consideration of an application to permit the construction of an in-ground pool, spa,pergola and fireplace within the 100 foot buffer setback from the edge of the development at 2931 Jonquil Trail North; PID: 22-029- 21-21-0024. b. SIGN ORDINANCE: Consideration of an ordinance to update all sign regulations in all zoning districts throughout the City. 5. Business Items a. Wireless Communications Tower Ordinance Update 6. General Updates a. Planning Commission 2009 Work Plan b. Comprehensive Plan Update c. MnDOT Highway 5 Project d. Village AUAR; Document Status e. Urban Land Institute; Community Research Project 7. City Council Updates a. None. 8. Adjourn Planning Commission Date: 3/09/09 Public Hearing Item: 4a ITEM: Hold a public hearing to consider an application from Vladimir and Silvia Hugec to allow construction of a pool, pergola, fireplace, and spa within the required 100 foot buffer setback in Open Space Preservation (OP) developments at 2931 Jonquil Trail North—A zoning - PID 22-029-21-21- 0024. SUBMITTED BY: Kelli Matzek, City Planner REVIEWED BY: Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED The Planning Commission is being asked to conduct a public hearing and consider a variance request from Vladimir and Silvia Hugec to allow the construction of a pergola, fireplace, spa, and in-ground pool within the required 100 foot buffer setback from the edge of an Open Space Preservation (OP) development at 2931 Jonquil Trail North. The property currently has a home, garage, deck, and screened porch on the property which conforms to the setback requirements. The property has approximately 24 feet in the rear yard between the required structure separation (six feet)from the home and the 100 foot buffer setback. The Hugec's property is located in the Farms of Lake Elmo development which was approved as an OP development in 2005. The Lake Elmo OP development requirements include a provision for a buffer setback from the edge of the development for any structure or driving surface not constructed at a 90 degree angle. At the time of the review for the Farms of Lake Elmo development, the required buffer setbacks were addressed. The City Council at that time had approved a reduction from a 200 foot buffer setback to 100 foot buffer setback from the West, South, and East edges of the development because the neighborhood was adjacent to the Lake Elmo Regional Park Reserve and would not be developed. Although the Hugec's property does not abut the edge of the development and is buffered from the southern edge of the development by sixty feet of Outlot A of the development, the buffer setback still encroaches into their rear yard by forty feet. The variance has been requested in order to build the planned pool, spa, fireplace, and open pergola in the location originally designed. The applicant has stated that the variance is justified due to the following: ➢ They bought the existing home with the intention of building a pool in the back yard for their children to practice for competitive swimming. The back yard was chosen as the windows at the back of the home allow viewing the pool for safety purposes. ➢ They were not aware of the 100 foot buffer setback at the time of the initial design of the pool, spa, pergola, and fireplace. ➢ Sixty feet of Outlot A exists between their property and the Lake Elmo Regional Park Reserve and effectively serves as a preserved, undisturbed space. The land slopes uphill approximately 2' to 6' over a 60' distance to the park boundary. ➢ The neighbor directly to the east was allowed to build their home and pool within the 100 foot buffer setbacks from both the south and eastern borders of the development. This property has a much smaller outlot between the property and the Park Reserve. ➢ The placement of the home to the east pushed the building of their home further back on the lot to be in line with that home, thereby reducing the amount of buildable area in their rear yard. ➢ The neighbor directly to their west also has a pool. ➢ The proposed pool would be completely obscured from view of the street and greatly obscured from many adjacent properties with existing trees. Additional trees that would further reduce any visibility are being proposed in the new pool landscape as well. ➢ No other location on the property is free from both restrictions and undesirable conditions that prohibit a pool. The 30 feet between the house and setback line, which given the shape of the floor plan of the house, the setbacks needed, and the proper drainage needed from the house, the pool and landscape would be impossible. For variance applications, the burden is on the applicant to demonstrate why this situation is unique and necessitates flexibility to code requirements. To make this case, a variance can only be granted by the city when strict enforcement of the code would cause undue hardship on a property owner. "Hardship" is broken down into the following three components: a. The proposed use of the property and associated structures in question cannot be established under the conditions allowed by the city's zoning regulations and no other reasonable alternative use exists; b. The pfight of the landowner is due to the physical conditions unique to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same zoning district;and c. The unique conditions of the site were not caused or accepted by the landowner after the effective date of the city's zoning regulations. In reviewing the request against the three criteria listed above, staff determined all criteria were NOT met, as more completely explained in the attached full staff report. ADDITIONAL INFORMATION: • The proposed hardcover is 23.7%, therefore the applicant is seeking ways to mitigate the extra allowed impervious surface through rain gardens. This will be reviewed with the City Engineer through the building permit process should the application be approved. • The DNR and Valley Branch Watershed District did not submit any comments concerning the application. • The Washington County Parks and Planning Department submitted a letter with some concerns regarding the view of the proposed pergola and fire pit from the park. • The Minnesota Land Trust which co-holds a conservation easement over Outlot A with the city, submitted a letter stating their only concern would be the storage of material during construction on the outlot. They expressed no concerns regarding the proposed structure locations. RECOMMENDATION: Although this application does provide some substantive arguments for approval of the variances requested, in following a strict review of the variance criteria outlined in city code, Staff is recommending that Planning Commission recommend denial of the proposed variances for Vladimir and Silvia Hugec to allow construction of a pool, spa, pergola, and fireplace within the 100 foot buffer setback in OP developments at 2931 Jonquil Trail North. If the Planning Commission chooses to recommend approval of the application, a template motion for approval with findings and conditions has been provided in the full staff report on page 10. Staff will provide a resolution of both approval and denial to the City Council at their meeting for consideration in addition to the Planning Commission's recommendation. ORDER OF BUSINESS: - Introduction...... ...................---........ ............................. .....Kelli Matzek, City Planner - Report by staff.......................................................................Kelli Matzek, City Planner - Questions from the Commission...................................Chair& Commission Members - Applicant Comments..............................................................................Chair facilitates - Questions of the Applicant ............................................Chair& Commission Members - Open the Public Hearing .,.................................................................. ...Chair - Close the Public Hearing............................................. ................. ...................Chair - Call for a motion ................................................................................... Chair Facilitates - Discussion of Commission on the motion ............................................ Chair Facilitates - Action by the Planning Commission..............................Chair& Commission Members ATTACHMENTS (9): 1. Staff Report 2. Area Map 3, Proposed Survey 4. Application Form 5. Applicant's Narrative G. Applicant's Photograph 7. Aerial Photo 8. Comment from Washington County Parks 9. Comment from Minnesota Land Trust City of Lake Elmo Planning Depai-tment Variance Review To: Planning Commission From: Kell!Matzek, City Planner Meeting Date: 3-9-09 Applicant: Vladimir and Silvia flugee Location: 2931 Jonquil 'frail North Current Zoning: A—Agricultural(Open Space Preservation Development) Introducto In ormation Request. The applicant is seeking approval of a variance from.the required 100 foot buffer setback from the edge of the Open Space Preservation development to allow the construction of a pergola,pool, fireplace and spa at 2931 Jonquil Trail North. Specifically, the pergola and fireplace would be located 31 feet within the setback, the € spa would be 12 feet, and the in-ground pool would be 6 feet. Background: Farms of Lake Elmo Development The applicant's property is Lot 12, Block 1 within the Farms of Lake Elmo development which was approved on October 18, 2005 as an Open Space Preservation(OP) development. OP developments are allowed by code as a Conditional Use Permit (CUP) in the Agricultural, Rural Residential, and.Residential Estate zoning districts. Application The applicants have provided a description of their request for a variance as a part of the application materials submitted to the City. The existing house, garage, and screen porch at 2931 Jonquil Trail North was built in 2006 with an approved building permit from the city. Outlot A Adjacent to the Rear Yard of the Properly The property at 2931 Jonquil Trail North has a rear yard that abuts Outlot A of the development which is restricted by a Conservation Easement. The easement is co-held by the City of Lake Elmo and the Minnesota Land Trust. In that area, Outlot A is i approximately sixty feet wide and serves as a contiguous open space buffer to the Lake ! Elmo Regional Park Reserve. Applicable §150.175 PURPOSE. Codes: (A) The purpose of open space preservation (OP)is to maintain the rural character Paget Plf#.'r`d'rfir—C f1lei:i:7.tid()P?R't.,'s%IT'Y," 3 f' ;:t%l (cont.) of Lake Elmo by preserving agricultural land,woodlands, corridors, and other significant natural features while allowing residential development consistent with the goals and objectives of the city's Comprehensive Plan. This type of development will allow an alternative to large lot, single-family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. (B Protected open space will enhance and preserve the natural character of the community and create distinct neighborhoods. §150.180 DEVELOPMENT STANDARDS. (B) (l) Land area. Applications for a residential development in the OP District shall meet all the following criteria. (c) Dwelling units shall be grouped so that at least 50%of the buildable land area of the proposed development remains preserved open space. The preserved open space shall consist of agricultural lands, natural habitat,pedestrian corridors, or neighborhood or community recreational areas. (2) Open space easement required (a) Preserved open space standards. 1. All preserved open space shall be subject to a conservation easement and used for the purposes as defined by§§ 150.175 et seq. .... (d) Buffer zones. Where a proposed OP development abuts an existing residential development or a parcel of land not eligible for future development under the OP ordinance due to insufficient parcel area, a 200 foot setback shall be provided between the property line of the abutting parcel and any structure or driving surface within the OP development. Driving surfaces that cross the setback area at a 90 degree angle shall be the only exception. Where a proposed OP development abuts an existing OP development,or a land parcel eligible for future development under the OP ordinance, a 100 foot setback from any structure within the proposed OP development and the property line of the abutting parcel may be substituted. The setback substitution shall only be approved when there is existing mature vegetation and/or changes in topography occurring on the site proposed for development; and/or where the OP site developer introduces the physical features that provide an effective year round buffer of the structures proposed for the OP site from existing residences or development. The determination of the buffering effectiveness of existing or introduced physical features that qualify a site for a 100 foot buffer shall be at the sole discretion of the City Council. (h) Minimum district requirements. The requirement states that a side yard setback for a single-family home is 15 feet or 10%of lot width,whichever is greater. 3 ; , r:.r :.p r, '. t%'t a � 1{'c ,...: ..,....., ...:..:.: .s{3.tc::.;t: .�r.. . .ti...C C',7.. , ._. , '.ii"E, :: i'f:{:i..5'?'?;e 1'Jt?;"��;l..i., iF.:��;. , 1;�L�{?� .. `:3 rrz;:,. Page 3 (coast.) §151.085 SWIMMING POOLS, GENERALLY. (C)Application for permit. (3)Pools shall not be located within 20 feet of any septic tank/drainfield nor within b feet of any principal structure or frost footing. Pools shall not be located within any required front or side yard setbacks. (K)Location. All Swimming pools or appurtenances to swimming pools shall be located in the rear yard and meet the setback requirements of the district in which it is located.... FbidiiTI-A Geiteral.Site Overview Site Data: Existing Zoning—A (Agricultural); OP use with a CUP Land Use Guidance—RAD—0.45 DU/Acre (Rural A-ricultural Density) Parcel size —0.94 acres Property Identification Number (PID): 22-029-21-21-0024 Application Review: Applicable §11.01 DEFINITIONS. Code Definitions: ! ACCESSORYSTRUCTURE. A use or structure on the same lot with, and of a nature !: customarily incidental and subordinate to,the principal use or structure. BUILDING SETBACKLINE. Aline within a lot parallel to a public right-of-way line, a side or rear lot line, a bluff line, or a high water mark or line, behind which buildings or structures must be placed. BUILDING. Any structure, either temporary or permanent,having a roof and used or built for the shelter or enclosure of any person, animal, or movable property of any kind. When any portion of a building is completely separated from every other part of a building by area separation, each portion of the building shall be deemed as a separate building. HARDSHIP. The proposed use of the property and associated structures in question cannot be established under the conditions allowed by the city's zoning regulations and no other reasonable alternative use exists; that the plight of the landowner is due to the physical conditions unique to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same zoning district; and that these unique conditions of the site were not caused or accepted by the landowner after the effective date of the city's zoning regulations. SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top r .a r•<.r 'r.rs.;Y.; ,t.�.fit $( O �.d .j z, 7.�,-[r.;..:si _ .�... x. .,..u:,.. ...5.. .:t:.fl!'�c... 1..t ..?f��.rl..r r 3,,i';; ;.,.r.�.:.t... .:. _.G: '. (;.:..,. �i.;:�):. ?'rii.%. i(:'.i"r��i i,:El. i?c.'_'f, r fi;'iCC;?: _�...t.:.i.i. Page 4 (coat) of a bluff, road, highway, property line, or other facility. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure at ground level. STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including,but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs, and other similar items. SWIMMING POOL,PRIVATE OR RESIDENTIAL. Any pool which is used, or intended to be used, as a swimming pool.in connection with a.single-family residence, and which is available only to the family of the household and private guests. USE,ACCESSORY. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental to the principal use. VARIANCE A modification of a specific permitted development standard required to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship as defined in the zoning code. Economic considerations alone shall not constitute a hardship. Variance The applicants are proposing to build an in-ground pool, spa, pergola, and fireplace Review. within the required 100 foot buffer setback from the edge of the development. Farms of Lalze Elmo Development Review History The city staff report for the Farms of Lake Elmo development identified early on in the development review process that the lots in the west, east, and south side of the proposed development would not be buildable with the 200 foot buffer setback required from the edge of the development. In the March 28 2005 f sta f report, the planner noted: "It appears that several of the lots aloe the east and south proposed g peripheries of the Concept would also fail to meet the 200 foot buffer requirements once house pads are identified. In both cases the lots will back onto the Lake Elmo Regional Park-Reserve. In a recent similar situation lots of the Tapestry OP backed onto the City's Sunfish Park. In that case staff found that the Intents and Purposes of the OP ordinance would be complied with without a buffer to a major natural park environment." The City Council approved a 4/5 waiver of the requirement(as outlined in the city code). The City Council minutes from April 5, 2005: "M/SP Conlin/Johnson—to waive the 200 foot buffer requirement and require the 100 foot buffering setback standards to the west, south and east based on the findings of the size of lots, adjoins the majority of the Regional Park, trees are planted on the top and the elevation difference. `93 ,') ._. f i1•': 'i:�n'l,f; . raA:,;r r Page 5 . (/1`i tf fps'.t." C•S•�. I.if?»=q'}t: 1'1Ctli�?272;�'._�•'.3lffl.F:2..'}.�,d.7� fii{:•I1ftt'd, i_�..�;ti' (cont.) (Motion passed 4-0." [Sic] Therefore, the City Council reduced the setback from the edge of the Fanns of Lake Elmo development and Lake Elmo Regional Park Reserve border from 200 feet to 100 feet. Purpose of the 100 foot buffer setback In reading through section 150.180 B 2 D regarding buffer zones in OP developments, the implied intent of the buffer area is to provide a physical and visual buffer of structures from existing residences of development. This property and others on the southeast side of the development abut an open space outlot and the regional park, which will not be used for residences or development now or in the future. However, as mentioned previously, the City Council was made aware of this situation and made the decision at that time to require a 100 foot buffer setback. Other homes in the Farms Neighborhood Of the twelve properties in the neighborhood currently with homes, two were built within the setback buffer. Five properties subject to the same 100 foot buffer setback were built on and currently meet that requirement. The remaining five homes were built on lots that were outside 100 feet (or 200 feet from the north) of the development borders. j Tlacant Lots to be Affected in the Future I Staff has identified an additional nine lots in this development that are impacted to any degree by the 100 foot buffer setbacks from the west, south,or east edge of the development or by the 200 foot buffer setback from the north edge of the development. Although staff has not conducted a full analysis at the time of this report, it is possible that some of those lots may not be buildable without a variance. Additional Information Outlot A as mentioned before is restricted by a conservation easement co-held by the Minnesota Land Trust and the City of Lake Elmo. Within the easement document, it outlines as one of the Conservation Values that "The Protected Property provides continuity with nearby Lake Elmo Regional Park Preserve, which preserves wildlife habitat within the wetlands and open space in this region of rapidly developing residential communities." The applicant is not proposing to add any improvements within the outlot, nor are they proposing any improvements within 9 feet of the outlot. However, it is important to establish that the rear yard abuts the outlot and the intent of ` the MN Land Trust's easement on the outlot. Application Submittal r: Gi. t.'}�. tf1'i.,..-r�V i..,,...J:.QfTC` �'rili'1f.7F7:E:`i<E✓it?;�, ,>:.I:tYr{3{• T i.::, .`} Page 6 g moon (cone.) The applicant has stated that the variance is justified due to the following: ➢ They bought the existing home with the intention of building a pool in.the back yard for their children to practice for competitive swimming. The back yard was chosen as the windows at the back of the home allow viewing the pool for safety purposes. ➢ They were not aware of the 100 foot buffer setback at the time of the initial design of the pool, spa,pergola, and fire pit. ➢ Sixty feet of Outlot A exists between their property and the Lake Elmo Regional Park Reserve and effectively serves as a preserved,undisturbed space. The land slopes uphill approximately 2' to 6' over a 60' distance to the park boundary. ➢ The neighbor directly to the east was allowed to build their home and pool within the 100 foot buffer setbacks from both the south and eastern borders of the development. This property has a much smaller outlot between the property and the Park Reserve. ➢ The placement of the home to the east pushed the building of their home further back on.the lot to be in line with that home, thereby reducing the amount of buildable area in their rear yard. ➢ The neighbor directly to their west also has a pool. ➢ The proposed pool would be completely obscured from view of the street and greatly obscured from many adjacent properties with existing trees. Additional trees that would further reduce any visibility are being proposed in the new pool landscape as well. ➢ No other location on the property is free from both restrictions and undesirable conditions that prohibit a pool. The 30 feet between the house and setback line, which given the shape of the floor plan of the house, the setbacks needed, and the proper drainage needed from the house, the pool and landscape would be impossible. Criteria Review A review of the City's variance criteria follows, focusing on the information submitted. by the applicants. By code, a variance can only be granted where the city finds the request can successfully address all three criteria as outlined below for the proposed structures. 1. The proposed use of the property and associated structures in question cannot be established under the conditions allowed by the city's zoning regulations and no ++ other reasonable alternative use exists; The property is currently used for residential purposes by the Hugee family; therefore the applicants are allowed a,reasonable use of the property. The design and location of the proposed pool, spa, fireplace and pergola was established by a professional landscaper. At the time of his design, the contractor i"It Ili. ., ld4... .l: •.,,c.:' tr ul,t: 1 , x- - rcr,,,•;r ,t�;-`,i"' -{ n .t 11 ,.r. 1'ariancc. Revi�.'iv: tr< eC: Page 7 rtt272?Tin.�}V[i¢1d tTS Y;)Y[ Ir:',''j.)La :. ..-`•3--0,9 (cont.) 1 was not made aware of the 100 foot setback from the edge of the OP development. However, although the proposed pool, spa, fireplace and pergola are unable to be built in a conforming location on the lot in its current configuration, there is a small conforming location in which at least the in-ground pool could potentially be constructed. The city's pool ordinance calls for a six foot setback from a building or fiost footing. The result is approximately 24 feet between the existing home and the 100 foot setback line. Without consideration to aesthetics and pending conformance with other requirements (impervious surface, building/structure separation, grading, etc.), and if revisions to the size, design and location were redesigned,a pool, spa, fireplace and pergola may be placed in a conforming location on the site. It should be noted that an.alternate site plan was not designed by staff and this alternative located is based on the knowledge that a typical rectangular in-ground pool is often 20 feet by 40 feet in size. Therefore other locations on the site could be an option and this criteria is not met. 2. The plight of the landowner is due to the physical conditions unique to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same zoning district; The applicants' property is not unique. Ten other properties within the Farms of Lake Elmo development have a shorter distance between the edge of the development(from which the setback applies) to their front property line. Therefore these ten properties have the 100 foot setback affect more of their rear yard than the applicant's property. All ten properties are similar in shape to the applicant's property and all ten are smaller in lot size,providing additional challenges. Three of these ten properties are built on, one of which currently has a structure that encroaches into this 100 foot buffer setback. [An additional property adjacent to the Hugec's was also built within the buffer setback,but was not included in this calculation due to the lot's size and shape.] However, although the setback was not enforced on previous properties in this development and most Iikely other developments, this is not considered a hardship as defined in the city code. City staff must enforce the city code requirements as they exist. Twelve lots in the development are not impacted to any degree by a buffer setback. As mentioned on page 4, this development was reviewed in a similar manner to the Tapestry at Charlotte's Grove OP development which abuts a City Park. The 200 foot buffer setback was reduced by the City Council to 100 feet to acknowledge the adjacent preserved open space. Recent applications made by other property owners in the OP developments have been required to comply with this regulation. Therefore, this criteria is not met. 3. The unique conditions of the site were not caused or accepted by the landowner after .c. �ti i CfF'tc2iFt...Z. < ) T07,:3'; - ,aC,_...._. ,..�. .... ..... .. ... ., . �.:e:.�,.. i�,M,.+±':.... ,r,..... .C,Pfrg4sham f.f.. 1. i,Cl J'ifrlC' ;.[!(i•. _. }} Page 8 3-_9-..09 (Cont.) the effective date of the city's zoning regulations. The applicants bought the property after the existing home, deck, and.screen porch was built in the summer of 2006. The home was built further back on the lot to be more in line with the home directly to the east, which was built in the 100 foot buffer setback. This reduced the area available for a structure to be built in the rear yard of the property. Therefore, staff finds this criteria is met. Variance I Based on our analysis of the review criteria in City Code, staff recommends denial of Conclusions: the variance requests for 2931 Jonquil Trail North. Resident The city has received no objection of the proposal by any neighbor within the Farms of Concerns: Lake Elmo. The applicant submitted as part of their application a letter signed by three neighbors in support of their application. Additional • The Department of.NTatural Resources and the Valley Branch Watershed District did Information: not provide any comments on the application. • The Minnesota Land Trust has reviewed the application and has no specific comments or concerns with the variance being requested. Staff has added as a condition of approval,per the Land Trust's written submittal, that the easement area must not be used for material storage,vehicle travel, or other activities that would be in violation of the conservation easement during the construction process. • The Washington County Parks manager submitted a written statement with concern regarding the intensity of the proposed uses and the potential visual impact of the pergola and outdoor fire place structure as viewed from the Lake Elmo Park Reserve boundary. They suggest placing the pergola and fireplace structure outside the required setbacks to minimize the visual impact from the park. Additional screening with fencing, berms and coniferous trees may also lessen the visual impact of the pool facility. • The City Engineer has submitted a review with comments regarding the application. The items outlined can be addressed at the building permit stage if the variance is approved and is thus not added as a condition of approval. E Conclusion The applicant is seeking approval of a variance from the required 100 foot buffer setback from the edge of the Open Space Preservation development to allow the construction of a pergola,pool, fireplace and spa at 2931 Jonquil Trail North. Specifically, the pergola and fireplace would be located 31 feet within the setback, the spa would be 12 feet, and the in-ground pool would be 6 feet. f,•.. .1L:Jrar7•'....r+1:F-rit7rice. ..L J 3.(Jonaiw" T-1. Page 9 r a'1.),:'ILsY1.T'Ut:iP —; Commission The Planning Commission must examine the proposed variances to determine whether Options: it meets all conditions of approval outlined by city code. The Planning Commission should consider the following options: A) Recommend that the Council approve the requested variances based on the applicants' submission and findings of fact. B) Recommend that the Council deny the requested variance based on the applicants' submission and findings of fact. C) Table the request and ask for additional information. The deadline for a Council decision on this item is April 10, 2009 which can be extended an additional 60-day if needed. Recommended Staff recommended option A: Denial of the requested variance with the following Action: findings of fact: 1) The applicant has reasonable use of the property as it is currently used for residential purposes. 2) A swimming pool, spa,pergola and fireplace of a different configuration and size could potentially be located on the lot in a conforming location. 3) Thirteen lots within the Farms of Lake Elmo development are subject to the 100 foot buffer setback. Therefore,this property is not unique. 4) Although two homes within the Farms of Lake Elmo development were permitted to be built within the 100 foot buffer setback, this does not constitute a hardship as the city staff must enforce the existing regulations. Should the Planning Commission choose to recommend approval of the requested variances, the following findings of fact may be used in addition to any found by the commission at the meeting. 1) The proposed variances would be in keeping with the neighborhood as the two adjacent properties currently have in-ground swimming pools and other accessory structures in their rear yards. 2) The home directly to the east currently encroaches further into the 100 foot buffer setback than the applicant is proposing. The home and pool are closer to the Lake Elmo Park Reserve than the applicant is proposing to place the structures. 3) The rear yard of the property abuts Outlot A which is restricted by a . r:-,. : . i�..i,'Pi(r :::•n �:.r. �,.t..,L.N,,..., s: '�,•7 z±. i-,f.:+:�;:;�.:r,(y:.,+F.'-s7' t1',>�: ..rt�::�; _ � 1'u i..'r.... :.a..:. .rt.>t:�.c.- :.,; .It?P...fUZi .;,, a.:...:.:......:v ..... +.1._ �til:iC%,:.4f%t2.i��i'! u. .�........ �;•lit��•,'...(i_..:.i'iG(' Page 10 (,f3r?"ns;sior,RC.:pc Y't; 3. -.09 conservation easement intended to be utilized for open space. The county park is on the other side of Outlot A. 4) Existing and proposed vegetation, the slope of the rear yard, and the location of the structures in.the rear yard reduce or in some cases eliminate the visual impact to others. 3 5) Outlot A serves as a sixty foot open space buffer and undisturbed area between the Hugec's property and the Lake Elmo Regional Park Reserve which meets the intent of the buffer setback. 6) The home on the property was built further back on the property to be in keeping with the property to the east, thereby reducing the buildable area in the rear yard. 7) The home at 2931 Jonquil Trail North was built to match adjoining setbacks and is thus located further back on the lot than required. 8) The applicable setbacks from the edge of the development, from existing structures, and from the property lines leave limited room in the back yard of the property for the proposed structures. By city code, swimming pools are required. to be located in the rear yard of a property, further reducing the potential conforming locations on the property. I Denial Motion To deny the requested variances as recommended by staff, you may use the following Template(as motion as a guide: recommended by staff): Move to recommend denial of the variance application for 2931 Jonquil Trail North based on the findings provided in the staff report: (or cite your o-wn findings) Approval To approve the requested variances, you may use the following motion as a guide: Motion Template., Move to recommend approval of the variances for the in-ground swimming pool, spa, pergola and fireplace as outlined in the staff report for 2931 Jonquil Trail North based on the findings listed in the staff report and as articulated tonight, subject to the conditions recommended by staff. (use staffs findings provided above or cite your own) with the followin2conditions: ! 1. A building permit must be received from the city prior to any work taking !� place. A certified survey in addition to any information requested by the City .. :,.,r�.;.f,..:,r.r:,... �,. ., 'ttir \ Ij1,.' c L;1� f � :,t:• r r �'• r - J•-i:t:.:�.�z..t11,�: ::..c.i. ..:,.S.r..c�...'.i:;l_;.r '�:trt, ' r':'. ... .. .... ,Variance' Page 11. (ll7.l''7725' if7?ill<..i'7i^ 1,.,.,y or; *-.�%-09 Engineer, City Planner, and Building Official must be provided before a building permit is issued. 2. The City Engineer must review and approve mitigation measures for the increase of impervious coverage beyond 20% prior to issuance of a building permit. 3. A revised landscape plan approved by the Planning Director prior to issuance of a building permit. 4. Outlot A must not be used for material storage, vehicle travel, or other activities that would be in violation of the conservation easement during the construction process. cc: Vladimir and Silvia Hugec, 2931 Jonquil Trail North David Sonka, Applicant's Contractor n , .... , n' S: .. .r:.: 'Cif..wtC{:c:',�' .,. ii7-rq°z-' H;x:..1:.1 tf,S,rC:::"�x:Ca77 lid:: t...lti;' .. .... ,nte.;al,,;•_''fl{!. Ct,:C'1i E C!F"t'. HI r i ss t i + i v \ It 1 e� I M :............. r .......... LUL z 1, E � " i 3 ; k \ 1 � 1 i 2931 Jonquil Trail North Lake Elmo, MIS cN•, 1' { -- '9 )e{ �F ed8 _ o r SILT FENC. ., ��TO '`w.ti• w .,..... .OUTLO qc ,'" TA'-ems - 7 _ ,c VdATER FFbr+l'[JOi�J P„Qi�j,� Lot 12, Block 1, Farms© "•�• ACCE , Lake Elrno,Washin ton .»,.,.{,{..,;,w.....{ 9 2931 J NQUIL TR IL NORTH ., l Cou�ityY Minnesota Parcel ID number` 2202921210024EA TO �E OOpED Parcel Size:41,340 S I +k+ t >� .� i or.95 acres n <i oft SR ENCEt( y Existing Use of Land: 6E RE pE6 Single Family Detatched + .. 90 7 l � 'ij t a' €LT REIc ....f 1 ............T`- ry 21. t AREA To BE REse ED' '�"lTtyF'!"5;T`S � _ - IEp HARDCOVER CALCULATION � 34 � � / WIN PROPERTY BOUNDARY: s€LTFEF�OUSE � ibx FFER —7R� "E,F.tiCE oaF RUN .af�i41.7A' EXIST.LOT:41,340 SF �•� 87 DRIVE,HOUSE,WALK:7423 SF s o ok. 3a;' 'yjy EXIST.HARDCOVER:17.95% Roof FP. r y ADD POOL LANDSCAPE:2,369 S S „ s ARE TO EE PROPOSED HARDCOVER:23.70% z, Yt � ry _< AREA SOV SETBACK v „,,,j gETBACK AREA TO kg TA �^ A' � FENCE- BE RESOODE9 • a; a � SILT F.Et,I x 947 xs3; 40' i= fr a q r •!T Elvc� ' PEN PERGC .... . �e ,.:-�,+-- •: _- -` XVILWN7 lT`ERODED -OG SF OF SURFACE .• _RA,IRGA9DEN'. AREA W1TN NATIVE PLANTS AREA FOR WO SF OF IN, s 115 SF OF SURFACE ROOF,HANDLES 7'RAIN AREA FOR 560 SF OF ROOF.RANG ES 1'RAM a, UNDISTURBED OUTLOT r ti o t '"i y r♦ "t^ rt 60' •i ---- - / - - ....... PXBrOUNDARY ' Ifs i� _. •l��` `,,�I � 11 I. �i��! `(' rl I -`;- .�._�.. _11 ' _ t PAS c eou l f I ! J_ w .«-�«�, .+� h;• 1'T EXW_SPRUCE fl „ �. �'�"•Y'^�• 1 '^� J TREES IN ROW ' a+.`�.-."'^' ,w•'�'.. .... I � i"O'r.SPRUCE..-r=••-�^—_"^'- Kj 1 TREE6IN ROW r i EXIST SPRUCE .— TREES'9[l DIMENSIONS. FOUNDATION �ORTH t19 FOOT S Ot s a Fee $ , City of Lake Elmo DEVELOPMENT APPLICATION FORM Comprehensive Plan Amendment "Variance * (See below) ❑ Residential Subdivision Preliminary/Final Plat [J Zoning District Amendment ❑ Minor Subdivision O 01 — I O Lots 17 Text Amendment ❑ Lot Line Adjustment O l 1 —20 Lots O 21 Lots or More ❑Flood Plain C.U.P. ❑Residential Subdivision M Excavating&Grading Permit Conditional Use Permit Sketch/Concept Plan ❑ Appeal ❑PUD ❑Conditiona*70TE114. U.P.) ❑ Site&Building Flan Review APPLICANT: � �J" .�-� � ( ��, , TJ_ ,(� � as =fi (Name) (Mailing Address) 7 (zip) •- f TELEPHONES: i?�7€� "" 1 7-!7 7 r (Home) (Work) (Mobile) (Fax) FEE OWNER: (Name) (Mailing Address) (Zip) TELEPHONES: (Home) (Work) (Mobile) (Fax) PROPERTY LOCATION (Address and Complete(long)legal Description): ; l G DETABLED REASON FOR REQUEST:_ � �'��=�'�� :•. �'� 7ZA ��'� ,��J�—� 'VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code,the Applicant must demo �trate a hardship before a variance can be granted. The har hip related to this application is as follows: In signing this application,I hereby acknowledge that 1 have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the lication procedures and hereby agree to a all statements received from the City pertaining to additional a tion ex ense. A oz./ Date Si nature of Applicant N. t Signatu f Appfi M 9 pp ( 1/22/2004 City of Lake Elmo•3800 Laverne Avenue North•Lake F,lmo•55042•651-777-5510•Fax 51-777 � J. =�.,.F Supplemental Information for 2931 Jonquil Trail Variance Application: Detailed Reason for Request: Vladimir and Silvia Hugec have lived at 2931 Jonquil Trail North for two years. They purchased their home with the intention of adding an in-ground swimming pool and landscape into the flat, sodded area of the back yard directly behind their home. They have sought this as a way to better enjoy their property, to entertain neighborhood friends, and to provide a place for their children a safe place to practice for competitive swimming. The Hugec's were only recently made aware of the 100' setback that exists from the Lake Elmo Park Preserve in January of 2009. This 100' setback extends through a 60' wide Outlot for an additional 40' into their property, which would prohibit a pool and useable landscape that they had been planning for years. (150.180 Development Standards, (B), (2), (d) Buffer zones) Between their property and the Lake Elmo Park Preserve is a buffer area, Outlot A. They had assumed that this area was established to preserve an undisturbed space between the park and their property, as it effectively does. But they were unaware of any setback from the park boundary that would extend and additional 40' through the middle of their back yard, to within 30' of their home. It was not indicated on the Certificate of Survey and As-Built Survey they had received. (See Appendix A, B) Their neighbors and friends on both sides of them have swimming pools. The neighbors to the east, the Gustafson's at 2395 Jonquil Trail, have a beautiful swimming pool and fountain feature that is well within this same setback, on two sides of the park boundary. This property, as well as the next one to the north, appear to have homes which seem very much on, or within, the same setback. They both also do not have the presence of an Outlot buffer to the park preserve. (See Appendix C) Therefore, the existence of this code was unrecognizable, nor could be interpreted by them. It was not brought to their attention until considerable time and money had been invested into the plans for the pool landscape, long after conversations had been initiated with the city about their desire for a pool landscape. FEB 0 Variance Request. (Hardship is described.) Here is the portion of building code that was recently cited to address the proposed pool project at 2931 Jonquil Trail North: "...Where a proposed OP development abuts an existing OP development, or a land parcel eligible for future development under the OP ordinance, a 100 foot setback from any structure within the proposed OP development and the property line of the abutting parcel may be substituted. The setback substitution shall only be approved when there is existing mature vegetation and/or changes in topography occurring on the site proposed for development; and/or where the OP site developer introduces the physical features that provide an effective year round buffer of the structures proposed for the OP site from existing residences or development. The determination of the buffering effectiveness of existing or introduced physical features that qualify a site for a 100 foot buffer shall be at the sole discretion of the City Council." (150.180 Development Standards, (B), (2), (d) Buffer zones) The enforcement of the 100' setback from Lake Elmo Park Preserve would prohibit the ability for of an in-ground swimming pool, spa, and landscape at 2931 Jonquil Trail North. This property is occupied by the family of Vladimir and Silvia Hugec. Dr. Hugec relocated his family to the area two years ago from eastern Europe as a cancer research doctor. The location for any kind of pool on their lot would be the logical area in the flat, buildable portion of the back yard, situated directly behind the house. This would be in violation of the 100' setback requirement that was recently cited to us six weeks after it was originally brought to the attention of the city. This setback line extends an additional 40' into their property beyond Outlot A, within 30' of their house. Outlot A currently serves as an effectively buffer to their back yard from the Lake Elmo Park Preserve. It consists of an uphill slope of 3' to 7' over a 60' distance to the park boundary. Along the inside edge of the park boundary is also a fencerow planting of black hills spruce trees that are currently growing from 10 to 16' in height. (See Appendix D) In this backyard location,the pool would seem in a recessed location that is 80' to 90' from the park property. It would also be completely obscured from view of the street, and greatly obscured from any adjacent properties with existing spruce trees planted along the boundary between the properties. Additional trees that would further reduce any visibility are being proposed in the new pool landscape as well. No other location on the property is free from both restrictions and undesirable conditions that prohibit a pool. The setback leaves less than 30' at the back of the house, which cannot support a pool design considering the required setbacks from the home itself with its staggered footprint. A combination of issues such as conforming to setbacks from the side lots, setbacks from the house, grading and drainage issues, and utility service connections to the house also compound any other options. There simply is not other viable alternative than in the logical place in the backyard. The backyard location is the only area on the property where sufficient space is currently available for the pool, drainage patterns on the lot can be maintained, and the pool can be supervised from all windows along the back of the house. This will ensure safety and security for their children, neighbors, friends, and family members visiting to use the pool and surrounding landscape. Vladimir and Silvia Hugec's children are both active in competitive swimming. Their intention is to create a pool, spa, and useable landscape which would provide their young children a place to enjoy and practice swimming. They want the swimming area to be large enough to allow lap swimming, but intimate enough where they can dine and sit, relax and enjoy the outdoors. The proposed pool is 18 x 46' with an extended shallow area for entry. They intend to employ some of the most recent energy-efficient heating technologies where they can extend the pool season and use it in after-school and after-business hours of the day. The pool landscape will provide an attached spa, a dining area, and an intimate place for a fire to keep warm in cooler temperatures while their children use the pool. As Dr. Hugec describes, he moved to this home in Lake Elmo with the intention of having a nice, safe home with wonderful neighbors, a nice, peaceful place to enjoy being outside, and great place to spend time with his kids while the play and practice what they love to do. This is all part of his American dream. (Please see attached Appendices, A, B, C, D) Additional Information for Variance Procudure: �` Supplemental Information for 2931 Jonquil Trail Variance Application: FEB 200 Item List: RAr 1. A completed land use application form: - - s-� •:::f —Please see the enclosed sheet and supplemental information. 2. Written Statements: a. A list of all current property owners: Dr. Vladimir and Silvia Hugec b. Site Data: Legal Description: Lot 1.2,Block 1, Farms of Lake Elmo, Washington County,Minnesota Parcel ID number: 2202921210024 Parcel Size: 41,340 SF or.95 acres Existing Use of Land: Single Family Detatched Residential Current Zoning: The 2007 Zoning Map for Lake Elmo lists it as A-Agricultural, as shown on the current zoning map on the City of Lake Elmo website. Assumption is that it has since been re-zoned as OP/OS since the 2007 Survey. c. The provisions of the City of Lake Elmo Code for which a variance is sought: "...Where a proposed OP development abuts an existing OP development, or a land parcel eligible for future development under the OP ordinance, a 100 foot setback from any structure within the proposed OP development and the property line of the abutting parcel may be substituted. The setback substitution shall only be approved when there is existing mature vegetation and/or changes in topography occurring on the site proposed for development; and/or where the OP site developer introduces the physical features that provide an effective year round buffer of the structures proposed for the OP site from existing residences or development. The determination of the buffering effectiveness of existing or introduced physical features that qualify a site for a 100 foot buffer shall be at the sole discretion of the City Council." (150.180 Development Standards, (B), (2), (d) Buffer zones) Also, for compliance with recent updates to the hardcover provisions (which was not available online) : Maximum Impervious Surface of Gross Lot Area: "20%. This percentage may be increased to 25% provided a pervious paver or comparable system is installed consistent with the City of Lake Elmo Engineering Standards Manual or storm water mitigation measures are installed to mitigate the runoff created by the additional coverage above the base district amount. All mitigation measures must be approved by the City Engineer." d. Specific written description of the proposal and how it varies from the application provisions of Lake Elmo code: Vladimir and Silvia Hugec have lived at 2931 Jonquil Trail North for two years. They purchased their home with the intention of adding an in-ground swimming pool and landscape into the flat, sodded area of the backyard directly behind their home. They have sought this as a way to better enjoy their property, to entertain neighborhood friends, and to provide a safe place for their children to be outdoors and practice their sport of competitive swimming. Their neighbors and friends on either side of their property have built in-ground pools. Given the varying setbacks of these pools, and the varying setback of the houses from Lake Elmo Park Preserve as other pools and homes are well within this setback, there was no way for them to discern that building a pool at their home would be prohibited. So they purchased this home and proceeded to invest time and money into their plans for the pool. They had many conversation with their neighbors and initiated conversation with the city to gather information on Outlot A, and existing utility easements. The ideas for the pool they have discussed since moving into their home, and after becoming friends with their neighbors, have developed into more formalized plans. These plans include an in-ground swimming pool of a free-form shape to allow for lap swimming, with an attached spa. The plan would also provide a place to prepare food and dine in the outdoors, as it will be used often in the after-business hours. The plan also offers a place to be in the shade of a 24'L x 10'W x 8.5'H pergola with open sides and open canopy. The pergola is centered on a fireplace that will be used for when the pool season is extended into the spring and late summer to fall months. As the 100' setback has recently been brought to their attention, the restriction on building any kind of pool would extend 40' into their property from Outlot A. This invisible line would fall within the body of the pool. This would leave less than 30` between the house and setback line, which given the shape of the floor plan of the house, the setbacks needed, and the proper drainage needed from the house, their pool and landscape would be impossible. e. Preapplication discussions with the City of Lake Elmo: The Hugec's were only recently made aware of the 100' setback that exists from the Lake Elmo Park Preserve, in January of 2009, six weeks into the process, and after at least two years that they had been discussing the pool project among themselves and their neighbors. They had purchased this home with the intent of adding a pool, so in saving money for two years and allowing their children to get older, they engaged in starting plans for the pool and continued dialog with their neighbors. In Fall of 2008, they hired a landscape designer, David Sonka MNLA CP, through a school fundraiser to work on getting the plans started. The first meeting with David was in December of 2008. As David started investigating the site, he almost immediately emailed the City of Lake Elmo office to ask Kyle or Kelly about the Outlot A buffer area which showed up on a plat, and whether they had a Survey which would describe this and what it was for. He had been familiar with Kyle and Kelly and has always found them helpful to work with. in his initial questioning, he asked about the specifics of this outlot, whether there was any utility usage of it, or if it was just setup as a buffer zone. In this early communication, he mentioned the swimming pool and hardcover issue for this area. David received a phone call the very next day and was told of the hardcover and the existence of this Outlot as part of the open space provision. He was told that the City of Lake Elmo had the Certificate of Survey and an As-Built Grading Survey for the property, as it was in the hand of the official while conducting the phone conversation. The pool project was specifically mentioned in this conversation. It was also discussed that constructing raingardens to collect runoff, or incorporating permeable pavers, could allow for an additional 5% of hardcover, from 20% to 25%, given they are adequately constructed for performance and maintenance. David received another phone call right before the new year, on December 30 or 31, 2008. However, David was away with family over the holidays and was not able to call back or return to the City of Lake Elmo office until January. The voicemail message was very brief, and so it was assumed that all questions had been answered appropriately from the conversation on December 17. David was already 40 + hours into the plan by this point. On January 28, David picked up paperwork for filing permits for the pool and the landscape features with the City of Lake Elmo. He received applications for the building permit, fence permit, and asked about any other permits that might apply for which to collect applications. He talked with two of the city officials on the classification of the pergola and fireplace structure, and the grades and setbacks of the utility easements. After this point of the conversation, it was indicated that this lot might have a setback or easement that extends into the property from the Lake Elmo Park Preserve. This was the first mention of this setback, to which he was a bit surprised. The following afternoon, January 29, he received a phone call confirming this setback that would not allow for the construction of the pool, or other landscape features within the setback. David was shocked, so he reassessed the design and the implications on the project with the homeowner, and it was determined that this effectively would not permit a pool on this property given this and other setbacks. In the homeowner's amazement and dismay, he is hoping for the opportunity afforded to both of his neighbor's a friends, for the chance to be able to implement a pool landscape of his own, which was his intention in buying this house. The city officials have been gracious and supportive, and a bit apologetic that this project and all of the time and energies that have been put forth, have gotten trapped by this code. It has also been made apparent that a great deal of information regarding the Open Space designation is not fully available online, nor is the recent zoning classification of this development property. According to the 2007 Zoning Map currently found online, it has this development still classified as agricultural. f. Explain why the property cannot be put to reasonable use under the zoning code: The Hugecs moved into their home with the intention of putting in a pool, just as their neighbors and friends on both sides have a pool and landscape. This 100' setback extends through a 60' wide Outlot (Outlot A) for an additional 40' into their property at 2931 Jonquil Trail North, which would prohibit any pool and useable landscape. (150.180 Development Standards, (B), (2), (d) Buffer zones) This would leave less than 30' between the house and setback line, which given the shape of the floor plan of the house, the setbacks needed, and the proper drainage needed from the house, their pool and landscape would be impossible. Vladimir and Silvia Hugec's children are both active in competitive swimming. Their intention is to create a pool and useable landscape which would provide their young children a place to enjoy and practice swimming. They want the swimming area to be large enough to allow lap swimming, but intimate enough where they can dine and sit, relax and enjoy the outdoors. The proposed pool is 18 x 46' with an extended shallow area for entry. They intend to employ some of the most recent energy-efficient heating technologies where they can extend the pool season and use it in after-school and after-business hours of the day. The pool landscape will provide an attached spa, a dining area, and an intimate place for a fire to keep warm in cooler temperatures while their children use the pool. With the prohibition of installing the pool, there is also a restrictive hardcover code which would allow very minimal surface area to create places to be around the edge of the pool. The lot is currently at just under 18% hardcover including the driveway. To have useable space around the pool, they want to incorporate a concrete paver pool deck to allow for a dining area and a place to sit in the shade of an open pergola by a fire. With these surrounding landscape improvements, the hardcover would be 23,5%. However, the intention is to also construct stormwater rain gardens which would collect, store, and infiltrate the water coming from the gutters along the entire back of the house. Under the supervision of Rusty Schmidt, Natural Resource Specialist with the Washington County Conservation Office, a raingarden of this scale was designed for this site. g. Explain why the plight of the landowner is due to circumstances unique to the property and not created by the landowner. The location for any kind of pool on their lot would be the logical, flat, buildable portion of the back yard that is situated directly behind their house. This would be in violation of the 100' setback requirement, but no other location on the property is free from both restrictions and undesirable conditions that prohibit a pool. The setback leaves less than 30' at the back of the house, which cannot support a pool design considering the required setbacks from the home itself with its staggered footprint. A combination of issues such as conforming to setbacks from the side lots, setbacks from the house, grading and drainage issues, and utility service connections to the house compound issues and rule out any other options. There simply is not other viable alternative than in the logical place in the backyard. The backyard location is the only area on the property where sufficient space is currently available, where drainage patterns on the lot can be maintained, and where the pool can be supervised from all windows along the back of the house. This will ensure safety and security for their children, neighbors, friends, and family members visiting to use the pool and surrounding landscape. Both neighbors on either side of their property have a pool in the same scenario, and they hope that the same circumstances could be afforded to their family. h. Justify that granting of the variance would not alter the essential character of the neighborhood: The Farms of Lake Elmo development blends well into pastoral landscape of the Lake Elmo Park Preserve, and other hamlet characteristics of the area. Outlot A currently serves as an effective buffer to their back yard from the Lake Elmo Park Preserve. It consists of an uphill slope of approximately 2' to 6' over a 60' distance to the park boundary. Along the inside edge of the park boundary is also a fencerow planting of black hills spruce trees that are currently growing from 10 to 16' in height. In this backyard location, the pool would seem in a recessed location that is generally 70' to 100' from the park property. It would also be completely obscured from view of the street, and greatly obscured from any adjacent properties with existing spruce trees planted along the boundary between the properties. Additional trees that would further reduce and almost totally obstruct any visibility from the park, street, and adjacent properties, are being proposed in the new pool landscape as well. With these improvements and enhancements, the long open views afforded in the Farms of Lake Elmo neigborhood will remain intact. Just as the neighbors to the east and west, a pool landscape will be tucked behind their home in the useable space. This pool will have a high aesthetic value with a free-form shape, natural building materials, lots of perennial color and planting beds, strategically-placed trees, and a low profile to ensure that views toward the horizon line to the south will be maintained. Dr. Hugec moved to this home in Lake Elmo from eastern Europe, as a cancer research doctor. As he describes, his intention is to have a nice, safe home win Minnesota with wonderful neighbors; a nice, peaceful place to enjoy being outside; and great place to spend time raising his kids while the play and practice what they love to do. This is all part of his American dream. 3. Verification of Ownership (Title report or purchase agreement,property tax statement, etc.) SEE ENCLOSED 4. Address Labels: A list of property owners located within 350' of the subject property obtained by a licensed abstractor. SEE ENCLOSED 5. Fifty Copies of a certified survey; includes the required information on the lot with proposed plan. SEE ENCLOSED i : � - ».�., .fir • '1• i� ;\;.. _ k c 99 tt i�;4 6 "APPENDIX A" /* �.w R? e-s LN f, J 1 t Y. 'r�F'Rt7F+OpS�ED 2,00 m j - _ r HOUSE (NOTE: NOO`N .ETBACK FROM LAKE ELMO PARK PRESERVE IS INDICATED ON THE SURVEY) FEB 1 2i � Tv .v Rr :Y �3 r rri . si' ;; : : H:�}6;'4 N Asj;�."�.l.p,f, ?. au:;E. ., 9r fl tnvtes s q oq-. WXvra ITIOF LAIME ILL."k, v PRO--.5- LEVATIONS roe� .�colub **e rat 1 foa:F r�lf.�' OF WALL = -9470 u2IE � 'RC3P© tf° `" cr11 ,, i4A'GE FLL?OR = 945;.7 . rp 1: J LJE,v'O`TES PIPFCTION OF aNAIWA6E TOP OF FOOTING. = �9ti3F.Q' t3t`I`�'D�`t a f?ETAfLdI�"vC Yl{,�� --� f ri.�.: �r� �lPrir•4}i� � ��..�� ` ��.��i.. �P �.97�.f� b'1/Y'TCP77f'R t7Tl'"7 t7 {'.d")!IJ"��i.Y hJl/."'��1='�f�..•�'."s(�.��r APPENupwm"" lx '�alet.h y l ; F 7 ir"t•�� h,ti r+�'iyT!vr ' � ..l ::t. R�6 L � �:'A e. (NOTE:NOAENTIQN OF SETBACK E FROM LAKE EL)AO PARK PRESERVE t a Pam• kl' (s FC14T PoLiKtt VAL.0 WALV pu T) OF.WALL �- 94T_0 S4RA GE-!:a OOP. LLs 57". LO 93'8:3` 7QP EJF QoI Iwo :938..0 (MEASURED EGEVA aQtii5 rOP OF WALL = 946. 3 denotes rxrsting EievotiCra. 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Xly... _.mow•ID"^-.mow+cam-+' � G.. ti M-zi Public Works Department A/Vashington Donald J.Theisen,P.E. Director/County Engineer k"ount Wayne H.Sandberg,P.E. Deputy Director/Assistant County Engineer February 27, 2009 Kelli Matzek, Planner City of'Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 5*504.2 Ms. Matzek, Washington County-has reviewed the development application submitted by Vladmir and Silvia Hugec for a variance request for the construction of a spa, in-ground swimming pool, pergola and outdoor fire place structure. The property is located at.2931 Jonquil Trail North in Lake Elmo adjacent to the Lake Elmo Park Reserve. The proposal raises a number of concerns regarding the intensity of the proposed uses and the potential visual impact of the pergola and outdoor fireplace-structure as viewed from the Lake Elmo Park Reserve boundary. A Master Plan for the park reserve was adopted by the County Board in May, 2006. The Master Plan process included several opportunities.for public involvement and input. In addition, the Plan was developed with assistance from a Technical Advisory Committee, Which included local officials, residents, and professional staff. One result of the planning process involved retaining the 'park reserve' status of the park. The 'park reserve' status requires that no more than 20% of the entire park can be developed. The remaining 80% is to remain undeveloped and natural. The,park area directly adjacent to 2931 Jonquil Trail North is within the 80% undeveloped and natural'area of the park reserve and the site Contains a restored native tall grass prairie. This environment provides for very natural and scenic experiences for park visitors. In review of the site plan, there may be opportunities to place the pergola and outdoor fireplace structure within the required setbacks to minimize the visual impact. Additional screening with fencing, berms and coniferous trees may also lessen the visual impact of the pool facility from the:park. Thank youfor your request to comment on this variance request. We look forward to working with the City of Lake Elmo as we implement our park plan. Sincerely, Peter A. ott, Park Manager Washington County Parks 11660 Myeron Road North,Stillwater,Minnesota 55082-9573 Phone: 651-430-4300 - Fax: (551-430-4350 - TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity 1 Affirmative Action KOH Matzek From: Sarah Strommen [sstrommen@mnland.org] Sent: Tuesday, March 03, 2009 3:30 PM To: Kelli Matzek Subject: Farms of Lake Elmo variance request Dear Kelli: Thank for you sending the Land Use Review packet regarding a request for a variance at 2931 Jonquil Trail North in the Farms of Lake Elmo development. I have reviewed the packet and do not see that any activity is proposed to occur within the 0utlot A, which is covered by a conservation easement held by the Minnesota Land Trust. Therefore, the Land Trust has no specific comments on or concerns with the variance being requested. However, we would like to take this opportunity to remind the City and the applicant that the easement area must not be used for material storage, vehicle travel, or other activities that would be in violation of the conservation easement during the construction process. If there are any questions related to the conservation easement, I would be happy to address them. Thanks again for contacting me. The Land Trust very much appreciates the up-front communication and cooperative relationship. Sincerely, Sarah Strommen Sarah Strommen Conservation Director, Central Region Minnesota Land Trust 2356 University Ave. W. Suite 240 St. Paul, MN 55114 Phone: 651-647-9590 Fax: 651-647-9769 www.mnland.org <http://www.mnland.org> 1 Planning Commission Date: 3/9/09 Item: �b Public Hearing ITEM: SIGN CODE REVISIONS ORDINANCE—An ordinance repealing existing sign code regulations and adopting new regulations to govern signs in all zoning districts. SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Kyle Klatt, Planning Director Kelli Matzek,Assistant City Planner SUMMARY AND ACTION REQUESTED: The planning commission is asked to conduct a public hearing to review a proposed ordinance to repeal all existing sign code regulations in favor of a new set of revised sign controls. The new controls are intended to modernize the City's sign regulations in preparation of anticipated development guided in the current comprehensive plan. The new.regulations outline the purpose behind all sign codes, the procedures for obtaining sign permits, how sign codes will be enforced, and the minimum standards that signs must meet in order to be approved. Regulations focus on time(when signs may be erected),place(the physical location of allowed signs),and manner(sign types,height, size, number, lighting, etc). All proposed regulations have been drafted in response to public input that has been gathered since December of 2008 either through email or at one of two (2) public open houses held to date. Staff was careful throughout this process to ensure the public understood that consensus on sign regulations is typically not possible due to the diverging interests that exist within every city. We have made ourselves continuously available throughout the drafting of this ordinance, and have been in constant communication with all interested parties via an email distribution list. The resulting ordinance(and optional language contained therein) is before the commission now for consideration. You will find the following documents attached to this executive summary: l. A.summary of public feedback received to-date which helped to shape the draft ordinance currently under consideration. 2. A clean copy of the proposed ordinance language which is color coded to identify NEW language, EXISTING language, MODIFIED language, and OPTIONAL language. This will be the ideal document to review prior to the meeting, and also to consult as the ordinance is being reviewed. 3. A copy of the City's existing sign regulations with references identifying where current regulations are located within the new code. 4. The proposed language formatted as an Ordinance for consideration. In reviewing the draft ordinance,the Planning Commission is asked to: ■ Consider the proposed language and determine whether the new ordinance adequately balances the many interests of the citizens of Lake Elmo relating to signs. ■ Determine which(if any)of the"optional"provisions should be passed.onto Council for consideration in the final ordinance. ■ Make a recommendation for staff to revise the draft ordinance for consideration at a later date, or to pass on a version of the ordinance for consideration and possible adoption by the City Council. RECOMMENDATION: Staff is recommending the Planning Commission recommend approval of an ordinance option to update the City of Lake Elmo sign regulations. The final version will be dependent upon the Planting Commission's positions related to a number of"optional"requirements provided for consideration. ORDER OF BUSINESS: - Introduction.............................................................Ben Gozola, Senior Planner - Report by staff.........................................................Ben Gozola, Senior Planter - Questions from the Commission.......................Chair&Commission Members - Open the Public Hearing.............................................................................Chair - Close the Public Hearing ............................................................................Chair - Call for a motion.......................................................................Chair Facilitates - Discussion of Commission on the motion................................Chair Facilitates - Action by the Planning Commission................Chair&Commission Members ATTACHMENTS: - A Summary of Public Feedback - A color-coded CLEAN COPY of the Draft Sign Code - A copy of the existing sign code regulations - The proposed sign code language formatted as a formal Ordinance. Signs. Summaaty o f Public.Feedback • Rocktioint Church concerns: o Directional signage needed as it is difficult to find if you're not familiar with the entry point,the 31 intersection, etc. o Consider regulation that would allow an entry sign in cases like this. o Wall sign needed for the Church. o Check the downtown area as the downtown church allegedly has directional signs. • General Developer concerns: o Neighborhood entry monument signs should be reconsidered. • Multi-Tenant Building concerns: o City should consider a regulation that would allow for more signage based on leased square footage. Political sign concerns: o Can the city regulation the number and size of such signs? o Can the city regulate placement of such signs? ® Future zoning district concerns: o How will the current update impact future zoning districts that have yet to be created for guided development south of I Ot" Street. • Use of natural materials concern: o The proposed prohibition on painting signs on natural surfaces such as trees or rocks should not preclude the use of natural materials in a sign. • Enforcement concern: o Be sure the final ordinance can be easily enforced i Amount of signage concerns: o Desires expressed to limit overall signage; desires expressed to expand allowed signage types and sizes. o Desires expressed for more sign options; desires expressed for tighter regulations. ® Home Occupation concerns: o Desires expressed to allow reasonable signage for home occupations. • Economy related concerns: o Directional signage needed to advertise properties for sale in today's down market. I-94 concerns: o Desire for the city to adopt special regulations for the 1-94 corridor based on the higher Interstate traffic speeds and the resulting need for larger signs. Colon Legend: GREEN language= existing language that has NOT been edited OIZAGE language—existing language that has 1_=11 edited BLUE language=optionaI language for consideration BLACK language=new language REIN language=needs to change or be edited SIGNS § 151.115 PURPOSE (A) Purpose and Findings (1) Purpose. (a) The Labe Elmo Sign. Regulations are intended to establish a comprehensive and balanced system of sign control that accommodates the needd for a well-maintained, safe, and attractive comirrunity, and. the business community's need for effective; communication and identification. It is not the purpose or intent of these regulations to favor commercial messages or speech over non- commercial messages or speech or to discriminate between types of non-commercial speech or the viewpoints represented therein. It is the intentt of these regulations to promote the health, safety, general welfare, and desirable rural community image through the regulation of signs with the IbIlowing objectives in mind: a. Signs shall demonstrate a. high standard of aesthetic character and encourage the use of monument and individual letter-style signs; b. Permit large enough copy/graphic area. to effectively convey the intended message but not so large as to unduly distract the reader and insist on lettering large enough to be easily read to encourage simple,uncluttered messages; c. Signs shall be proportioned to the size of, and architecturally compatible with, the structures and.other signs on the premises; d. Permanent signs shall only advertise on-premise businesses, services, facilities, etc; f.;"..(%�?'?rl,7itiil�'i'nr„n.?,•'.s.t•ir�,�I•:r.•�'i�„ ., w......,..,,,.,.,.�,.aw,...,�,. e. Allow temporary business signs for grand openings and occasional sales events; allow temporary signs to advise the public of the seasonal sale of agricultural and horticultural products in keeping with the City's rural image; and to allow temporary directional signs permitting the public to more easily locate land conservation developments which enhances the City's rural image, without creating continuous visual clutter or traffic hazards along streets or at intersections; and f Signs shall be properly maintained.. g. Signs that distract drivers, cyclists and pedestrians shall. not be perrnitted. Studies conducted by public and private agencies have identified that dynamic signs, including multi-vision signs, electronic signs and video displays can be highly distracting to drivers, pedestrians, and cyclists and that distraction is a. significant underlying cause of traffic accidents. With respect to electronic signs, including video display signs, the City.finds that they are highly visible ftorn long distances and. at very wide viewing angles both day and. night and are designed to catch the eye of persons in their vicinity and hold it for extended periods of time. If left uncontrolled, electromic signs, including video display signs, constitute a serious traffic safety threat. Studies conducted by the Federal Highway A.dministratiorl (FI-IWA), Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, Sept. 1.1, 2001, and. The Role of Driver Inattention in Crashes: New Statistics from 1995; the University of North Carolina Highway Safety Research Center, .Disb-actions in Everyday Driving, May 2003 and The Role of Driver Distraction in Traffic Crashes, May 2001; the 'Wisconsin Department of Transportation, Synthesis Report of Electronic Billboards and Highway Safety, June 10, 2003; the Municipal Research and Services Center of Washington, Sign Control Provisions, Jan. 2006; the Veridan Group, Video Signs in Seattle, Gerald Wachtel, May 2001., reveal that electronic signs are highly distracting to drivers and that driver distraction continues to be a significant underlying cause of traffic accidents. (2) Findings. The City of Lake Elmo hereby finds that regulation of the construction type, location, size, and maintenance of signs is necessary to accomplish the above referenced objectives,because: (a) The presence of pernianent and temporary signage affects the rural image of the City of Lake Elmo; i'fU77;ilJ)v Calw/11;Sion;Sees e— 2 i) ;I f i �. _.1`t`fi iC- �. {�'T{� 4�fr ik Cod( t:_._ & -.d. f� COPT (b) .Properly regulated signage can create an atmosphere of prosperity, stimulate commercial activity, and consequently, lead to increased employment and.a healthier tag.base; (c) The safety of motorists, cyclists, and pedestrians can be threatened by signage that interferes with necessary sight-distances and/or unduly diverts the attention of such persons. (d) Signs that are too bright, overly illuminated, flash.,blink, scroll, twirl, change messages or color, or imitate movement, including video displays, can distract drivers, cyclists and pedestrians and impact traffic safety. (B) Severability. If any section, subsection, sentence, clause,or phrase in sections 151,115 through 151.1.19 are for any reason.held to be invalid, such decision shall not affect the validity of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adopted the Sign.Ordinance in each section., subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. (C) Definitions. The definitions set forth in this Section are in addition to the definitions set forth in Section 11.01. In the event of a conflict between the Sections,the definitions in this section shall apply. Abandoned sign - any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1)year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one(1)year or more. Any sign remaining after demolition of a principal.structure shall be deemed to be abandoned. Signs which are present because of being legally established. nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign. animation-- The movement or the optical illusion of movement of any part a sign, sign structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a street sign. Awning means a shelter supported entirely from the exterior wall of a building. Awning sign- a sign or graphic printed on or in some fashion attached directly to the awning material. Back lit(sign illumination)means a direct source of light which illuminates a sign by shining through a translucent surface of a sign,including plastic signs, lit from an internal light source. Banner-A temporary sign typically made of cloth,plastic or vinyl materials. Banner signs shall not be used as permanent signage. Billboard - A sign structure with a surface area over one hundred(100) square feet per surface that identifies or communicates a commercial or non- commercial message. Business Vehicle Identification Sign—A sign that is permanently mounted or otherwise permanently affixed to a vehicle,trailer,or semitrailer which identifies the business,products,or services with which the vehicle,trailer,or semitrailer is related. For purposes of this definition,magnetic and adhesive signs shall be considered as being permanently affixed. This definition shall also include non-permanently affixed signs that do not exceed 32 square feet erected in concert with a legally operating wayside stand. Bumper stickers and similarly sized adhesive decals shall not be considered business vehicle identification signs. Canopy means a detachable,rooflike cover, supported from the ground or deck, floor or walls of a structure,for protection from the sun or weather. Canopy sign means a sign that is mounted,painted, or otherwise applied on or attached to a freestanding canopy or structural protective cover over an outdoor service area. An awning or a marquee is not a canopy. Changeable copy sign - A sign designed to allow the changing of copy through manual,mechanical, or electrical means including time and temperature. Commercial Speech—Speech or graphics advertising a business, profession, commodity, service or entertainment. Direct illumination(sign illumination)paeans a sign whose light source is either located in the interior of the sign so that the rays go through the face of the sign, or which is attached to the face of the sign and is perceived as a design element of the sign. Directional sign—An on-site sign for the purpose of making specific locations known and to assist in finding these locations(e.g. "Parking," "Shipping Receiving Area"). 3•-9-(19 Plnrrrrinlg t:'or!!n!issinn h'e-ider, Electronic Variable Message Sign—Signs whose message are changed at reasonable intervals by electronic process or remote control and whose movement is the periodic changing of information against a solid, colorless background, engineered for maximum legibility and readability,and having a constant light level and glare reduced screens. This definition does not include static time and temperature displays which only change when necessary for accuracy. External Illumination Illumination of a sign that is affected by an artificial source of light not contained within the sign itself. Flag"-any fabric or similar lightweight material attached at one end of the material,usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors,patterns, symbols, emblems, insignia, or other symbolic devices. Freestanding sign means a sign that is attached to, erected on, or supported by some structure(such as a pole, mast, frame, or other structure)that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. Monument, pole,and ground signs are all freestanding signs. Governmental Sign—a sign erected and maintained by or on behalf of the United States, the state,the county, or the city for the purpose of regulating traffic or for other civic purposes;the size, location, and height of which is dictated by the applicable agency to fulfill the intended civic purpose. Ground sign" -any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a.total height not exceeding six(6) feet. Historic sign means an existing sign which has a special historical, architectural, cultural,or aesthetic value to the community. Illuminated sign"-any sign which contains an element designed to emanate artificial light directly or indirectly. Indirect illumination(sign illumination) means a sign whose light source is external to the sign and which casts its light onto the sign from some distance. Monument sign"- any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding six (6) feet. 3 9-0.9 Pjjjjjj7'-j11 C'onnnis&ion Revieiv t..`F'%•.r'` '}.Gr '.ta �f rxf re)tr rf_._..— r k`AF V COP Y multi-tenant building-A grouping of two or more business establishments that either share common parking on the lot where they are located, or that occupy a single structure or separate structures that are physically or functionally related or attached. Mural Sign-Any mural or pictorial scene painted on a wall or building or painted on a sign board affixed to a wall, and in which mural or scene has as its purpose an artistic effect. Non-commercial Speech-A sign that contains a non-commercial message. Examples of non-commercial messages include, but are not limited to, messages concerning political,religious, social,ideological,public service and informational topics. "Off-premise sign"-a commercial speech sign.which directs the attention of the public to a business, activity conducted., or product sold or offered at a location not on the same lot where such sign is located. A sign Iocated.within an easement or other appurtenance to a.lot on which a business is located shall be deemed an off-premises sign. rip si 99-a szt�vl�i i i atifi 5 e� �'A pefset:.�aetiy t..-, n eds,, ,,,r,,el ,.-se-Me l �a-tom p 3�1 t13� sign-i-s-i*a "Permanent.Sign"-- A. sign constructed of durable materials designed to exist for the duration of time that the use or occupant is located on the premises. Pole sign"-any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open portable sign-A sign not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building. Projecting sign-A sign attached to and projecting out from a building face or wall, generally at a right angle. Reverse lit(sign illumination)means a direct source of light which illuminates a sign by shining off an opaque surface of a sign thereby casting the light off the wall behind the sign creating a halo effect. Roof sign"- any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof 7:i..09 L 1'11JTifii.i > IU 7i??IY7.4;Y1f,%i Review �« gn "Sign"—Any letter, word or symbol, device,poster,picture, statue,reading matter or representation in the nature of an advertisement, announcement, message,or visual.communication, whether painted,posted,printed, affixed or constructed, which is displayed.for informational or communicative purposes and is visible to the general public. "Sign,Real Estate Development"--A sign offering for sale, lease, or.rent a. single-fan-dly or multiple-family residential project of 10 or more dwelling units or lots. Real estate development signs shall be administered as permanent signs subject to all.removal requirements outlined in code. "Sign,Agricultural Sales"--A sign placed on a lot or parcel of land advertising an operating and permissible agricultural sales business. Off- premises agricultural sales signs shall be administered as temporary signs subject to all removal requirements outlined in code. " gn,Wayside Siand" ta- y A A V L A VLF1l.iT1 , a Snipe sign means an off-premises sign that is tacked,nailed,posted,pasted, glued, or otherwise attached to trees,poles, stakes, fences, or to other object "Temporary Sign"-- Any sign intended for display over a short period of tinge. Unified Residential Area—A residential grouping of lots that share a plat name over one or more additions. Wall sign—A sign attached to or erected against the wall of a building with the exposed face of the sign on a plane parallel to the plane of the wall, and which displays only one(1) sign surface. Warning sign—A sign located on private property posting such property for warning or prohibitions on trespassing,hunting, or other activity. Window sign"- any building sign,pictures, symbol, or combination thereof, designed to communicate information about an activity,business, commodity, event, sale, or service,that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. W fll( -ii EAN('011)? MUFTI 01 4-ode-- -4-1 151.116 Administration and Enforcement (A) Permit Required, No sign shall be erected, altered,reconstructed., maintained or moved in.the city without first securing a permit from the city. The content of the message or speech.displayed on the sign shall not be reviewed or considered.in determining whether to approve or deny a sign permit, (1) Permanent Signs. To apply for a permanent sign permit, a complete application shall be submitted to the City containing the following: (a) Names and addresses of the applicant,owners of the sign, and lot; (b) The address at which the sign(s) are to be erected.; (c) The legal description of the property on which.the sign(s)are to be erected and the street on which they are to front; (d) A complete set of scaled plans showing the sign dimensions, area, height, ground elevations, applicable setbacks, and other details to fully and clearly represent the safe construction and placement of the proposed sign(s); (e) Type of sign(s)being requested (i.e. wall sign,monument sign, etc.); (f) The permit fee; and (g) The following if applicable: L Written authorization from the property owner upon who's land the sign is to be erected.. ii. A permit from either M.nDOT or Washington County if the proposed sign is along a state highway or county road. iii. A sign plan showing signs for all businesses if the sign is located on a building with more than one business. iv. Photographs of the building face and.the building faces of both adjacent buildings if the sign is being placed on an existing) structure. v. If replacing a historical sign,pictorial proof or other information that the sign is of historical significance or is a reproduction of a historic sign.. (2) Temporary Signs. To apply for a permit to allow a temporary sign, a complete application shall be submitted to the City containing the following: 8 177 S'agn Carhf---4_:'I;is* -1 N COP1 (a) Names and addresses of the applicant, owners of the sigri, and lot; (b) The address at which the sign(s) are to be erected; (c) A generalized plan set.showing the sign.dimensions and height, and. a notation of the materials to be used.. (d) A scaled site plan.which clearly represents the placement of the proposed sign(s) on the applicable property; (e) The proposed timefraine(s) over which the sign(s) will be posted; (f) The permit fee; and (g) The following if applicable: i. Written authorization from the property owner upon who's land the sign is to be erected. ii. A permit from either MnDOT or Washington County if the proposed sign is along a state highway or county road. (3) 'Temporary Sign Renewal. A temporary sign permit:issued by the City may be renewed provided the sign design,size, location, or other previously approved details are not proposed to change, A sign renewal application shall include the following: (a.) Names and addresses of the applicant, owners of the sign, and lot; (b) The address at which the sign(s) are to be erected; (c) The date of issuance of the permit being;renewed.; (d.) The proposed timeframe(s)over which the sign(s)will be posted; (e) Written authorization from the property owner upon who's land the sign is to be erected (if applicable); and (f) The permit renewal fee. (4) Review. The planning department shall approve or deny complete sign. permit applications upon receipt of a complete application, I:f the permit is denied, the planning department will.send a written notice of denial to the applicant. The written notice will indicate the reason(s) for denial and a description of the applicant's appeal rights. ��...,..�,.�. ..�.,, .. ..�,m��.�.�...y�..,�..,.,.,..__.......w�,.,�..��.�.k.,..�.,.�.,��...,,y�.,.��:�..,��w�.....�._..........,n.Yra�.z,,....�.,.�,..w,...n..4.�.�,�,.�.�,.,�,.��.�.y_�..9. 3 9_09 P llewy?x??.v (B) Exemptions. The following signs shall not require a permit. However, these exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this ordinance or any other law or ordinance regulating signs. (1) The changing of the display surface on a previously approved sign. (2) Signs six(6) square feet or less in size,per surface if double sided. (3) Window Signage that does not cover more than 1/3 of the total area of the window in which the sign is displayed (4) Governmental Signage. (C) Fees. The fee for a sign permit is established yearly in the City's adopted fee schedule as indicated in section 11.02. (D) Computations. Figure 1: Sign area (1) Sign Area Measurement. MeaSUIV Trent The area of a sign shall be computed by : NL muns ofthe smallest rectangle within a which a single sign face can be enclosed. ..: w LETTERS_ When a sign.has two back-to-back sign faces containing sign copy, the sign area.for both faces are counted toward the total allowed.sign area.. Poles, bases, and other F supports shall not be included in the sign ti area calculation. i CIRCLE I OPTIONAL LANGUAGE: The area of a 4 sign shall be computed by means of the -- - smallest circle, rectangle or triangle that will. Width encompass the extreme limits of the writing, _ ,._. : ....___ .. . . .. . representation, emblem, or other display, ,ono together with any material.or color forming � 1 � � `. an integral part of the background of the display or used to differentiate the sign from I 1Mdch the building facade against which it ist placed. When a sign has two back-to-back.:sign faces containing sign copy,the sign area for both faces are counted toward the total allowed sign area. Poles,bases, and other supports shall not be included in the sign area calculation. 10 DRA-l'T.LCfi:se ETwet fr.€'r. (2) Sign Height Measurement The height of the sign shall be computed as the vertical distance measured from the average grade at the base of the sign to the top of the highest attached component of the sign., Figure 2: Sirgri Height Measurement ----. . . SIGN Height of sign from average i. gradc to the sigh-top inidpoin't of average grade (3) Total Sign Area Calculation The total square footage of all sign surfaces shall be computed by adding together the sign areas of all signs on a property. r7 13 F , Pole Sigm Area + Wall Sign Area + Windom, Sion Area TOTAL SIGN AREA Figure 3: Total Sign Area Measurement Example 3--.9 09/'lii]11l�IiLY �:7)i?i37ry'.i'l:li? �fi'7'it'i: ,h1•M.w•M�1 f It-e EFluo 6"1 �.F I€ C( .ki (E) Construction,Maintenance and Repairs. (1) The construction of all signs,unless otherwise stated herein, shall be in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, 1997 Edition, as may be amended,which is hereby adopted by reference and made a part of this ordinance. (2) All signs and structures shall be properly maintained and shall be constructed.of sufficiently permanent material so that they shall.not succumb to deterioration from weathering. (3) Any existing sign.or sign structure which is rotted.,unsafe, deteriorated, defaced, or oth.envise altered, shall be repainted, repaired, replaced, or rernoved ifrepair is not feasible, Sign, niaintena:nce shall be the responsibility of the underlying fe,e owner. (F) Abatement. If the City finds that any sign has been erected without the necessary approvals or any sign.is being maintained in violation of any zoning provision,the City may give written notice of such violation to the installer of said sign;to the permit holder; and/or to the owner, lessee or manager of said property. If after receiving said notice such person fails to remove or alter said sign so as to comply with the provisions of the zoning ordinance, the sign shall be deemed to be a nuisance and may be abated by the City under Minnesota.Statutes, Chapter 429. The cost of such abatement,including administrative expenses and reasonable attorneys'fees,may be levied as a special assessment against the property upon which the sign is located. 1.51.117 General Standards (A) Abandoned Signs Abandoned signs shall be removed... (B) Building identification. (1) A building address, date of construction., cotninernorative tablet, etc; shall riot:count towards the overall permitted signa.ge on.a building 01' Marcel. All' forms of building identification, except for the building address, shall be cut into a masonry surface or be:constructed of bronze or other incombustible material. (2) Posting of a building address identifying the correct property number as assigned by the City shall be required on each principal building in all districts. The number shall be at least three(3) inches in height, but no larger than twelve(12) inches in height:. ,3 C.".?71!iii1.S:S!tiii ...............M.,12 (C) Building Official Review. No sign shall be attached to or be allowed to hang from any building until all necessary wall and roof attachinents have been approved by the City Building Official. (D) Changeable Copy Signs. A changeable copy sign, such as a reader board, may be integrated into an allowable sign subject to the following restrictions: (1) The message conveyed by the sign face shall not blink, flash, scroll or be so animated as to be deemed a distraction to passing motorists; (2) Copy on the sign shall not change more than once per day on average (except for time,temperature, and price information which must change when necessary for accuracy); (3) Characters and backgrounds depicted on a changeable copy sign shall not use florescent coloring. (4) All changeable copy sign faces shall be limited to a maximum of 25 square feet in sign area,or the maximum size of the type of sign on which the face is placed, whichever is less. (i ) Flags. No more than 3 flags ma.y be displayed on any given parcel. Individual flags shall not exceed one-hundred (100) square feet in size per SUFftlC.e. (F) Illumination. (1) lllutnination of signs shall comply with Chapter 150 code requirements governing Lighting, Glare Control, and Exterior Lighting Standards. (2) Indirect illumination for signs shall be so constructed and maintained that the source of light is not visible from the public right-of-way or residential property. (3) Back-lit awnings are prohibited. (C) Ingress or egress. No sign or structure shall be erected or iaintained if it prevents free ingress or egress from any door,window, or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. (H) Landscaping. Sign owners shall be required to maintain the appearance of the ground around all signs detached from buildings arid to landscape where possible. --9 ,:'a,, an ssiui.;R vlei ., N, 13 DRAIFT Lake L"fine;SYgjj. (1) Master Sign Program. A Master Sign Program shall be reviewed and approved for all multi-tenant commercial buildings and for all business park development to coordinate all signage for current and future tenants. The Master Sign Program shall be reviewed as a permanent sign permit, but shall only authorize the general locations and sizes of'signs to be erected within a developluent or oil a Tnu-Iti.- tenant.building. Individual permanent sign perinits shall still be needed F..(.)r the placement of'permanent signs in accordance with an approved Master Sign Program. Master Sign Programs shall be subject to the following' requirements: A Master Sign Program shall include a to scale site plan which identifies the overall sign.types, sizes,and locations for all proposed signage on the site(s). The site plan shall not contain the names of any current of future tenants or occupants of the center or overall developi-Vient. (2) The Master Sign Program shall include a calculation of allowable sign square footage for the site(s)based on applicable zoning require.11-ient,"i., and lot characteristics. (3) The Master Sign Program shall include square footage calculations to)- individual signs proposed for the site(s), along with a total sign square footage area calculation. (4) All signs within a Master Sign Program shall be visually consistent in location, design, and scale. (5) The Master Sign Program may be reviewed concurrently with a separate periiianent sign permit for tile individual sign(s) identified in the Master Sign Progra.i.n. The separate permanent sign permit shall iriclude all infinn-tation required by section 151.116(A)(1), and may only be approved if the Master Sign Program is approved. (3) Multi-Tenant Buildings,, (1) Multi-tenant buildings are herein considered a single commercial establishment, and shall be limited to on-, (1) freestanding sigrJ anlo.ngst all planned/allowed signage subject to the following requirements: (a) If the multi-tenant commercial building has a floor area of 40,000 square feet or less,the sign shall :not.exceed forty(40) square feet, (per side)and.shall not exceed eight (8) feet in height. (b) if a multiple tenant commercial building has a floor area greater than. 40,000 square feet but less than 100,000 square feet,the sign shall not exceed seventy-five(75) square feet(per side) and shall not exceed nine(9)feet in height. 3 14 3-9 09 PIL11114lig CUmnif"N'Sioij R( (c) .If a.multiple tenant commercial building has a.floor area of greater than 100,000 square feet, the sign shall.not exceed 120 square.feet (per side) and shall not exceed fifteen(15) feet in height. (2) Wlacre a building, group of attached buildings on the Same block.,or center contains more than one business, the allowable sign area for any single business shall be its portion of the gross square footage of the building or center applied as a percentage to tf)e allowable sign area of the entire building or renter, subject to size limitations for specific signs within an approved. Master Sign Program, (K) Neighborhood Identification Signs (optional) Independent of the total allowable sign area for individual residences within.a residential zoning district,two (2)ground signs for a urffied residential area with six.(6)or more lots may be allowed consistent with the following provisions: (I) New subdivisions: (a) Neighborhood identification sign(s) shall be approved.as a component of a preliminary and final plat to be included as part of a. new subdivision. (b) Each sign may not exceed a total of thirty-two(32) square feet in area. (c) Signs are to be located on outlots of sufficient size and area to accommodate them or within a dedicated permanent sign easement. A homeowners or neighborhood association is required for the area identified.by the signs which shall own and be responsible for the upkeep,perpetual maintenance, taxes, insurance,utilities, and other costs associated with the sign(s) and their property. The association. rules or by-laws shall specify how the aforementioned sign responsibilities will be delegated and paid for. City staff shall review the proposed bylaws to ensure that they specify the aforementioned responsibilities. (d) Outlots or easements for signs are to be considered and planned for at the time of preliminary plat application and shall be included.in the final plat. A developers agreement shall specify the designated use of the outlot or easements, its ownership, and the respective home owners association responsibilities regarding the proposed improvements. (e) Only indirect lighting of neighborhood identification may be approved.. The electric costs and maintenance of such lighting shall be the responsibility of the homeowners association or neighborhood association of the area identified by the sign(s) and shall be clearly noted in the association's rules or bylaws. 3 09[Va_julilpe [" flJ, i.s > ,.w...,.....w..a,,,.,.,...»«.,....,,...,,....:..-au.,-._,.>�...-v._.,a-,�..�..1.5 ...:�..(j.t� .Gi-:�fe4. A~..•I�Y�FF A�i'.l f,Xl'I N,,.,fF�iT EJ........._..2:A..:.i.:i"j,:l cl C..YF,.fAf/,'/ (f) The area aroundd the sign is to be landscaped and maintained.in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review by the Planning Commission and City Council at the time of Preliminary Plat. (g) The design and construction of neighborhood area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a rninimurn and to minimize the potential for vandalism. Neighborhood area identification signs are to be aesthetically pleasing when designed and constructed. The signs shall be compatible with nearby or potential homes and other structures in the area. Detailed construction plans and a materials list shall be included with the preliminary plat application. (h.) The City reserves the right to require the removal—at the owner's expense--of any sign when the requirements of this Section and this Ordinance are not completely followed and adhered to or if the sign is not properly maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign or .nearby landscaping when removed by the City. (2) Existing Unified Residential Areas: A neighborhood identification sign may be allowed by Conditional Use Permit for existing unified residential areas. If no outlots or easements were originally designated for signs, the plat may be amended to provide for such a proposal and shall rneet the same criteria and requirements as set forth for new subdivisions. (L) Non-comwer°ciai speech signs. Notwithstanding any other provisions of this sign ordinance, asll signs of any size,containing non-commercial speech may be posted from Atr.£,ust l in any general election year until ten(10) days following the general election and thirteen (13)weeks prior to any special election until ten (10) days following the special. election. (M) Private on-pr~ernises directional signs. Signs located on., above or beside entrances or exits to buildings or driveways which direct pedestrians or vehicles(e.g. "€rnployees entrance,""exit only," "rest rof)nis," etc) shall ri<:)t count towards the overall permitted signage on al site provided such. signs are no more than four(4) square feet in area.. .'.....,,,.�...,,,,,,....H�....�.ti-,,..Y..»,.16. (7oi, . --h.d.Y t/C COPY (N) Prohibited Signs The following signs are prohibited in all zoning districts. (1) Signs obstructing vision. Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic-control device. This includes indoor signs that are visible from public streets. (2) Unofficial traffic signs or signals. Any sign which contains or imitates an official traffic sign or signal, except for private, on-premises directional signs which do not interfere with traffic flows on public roads. (3) Off premises advertising;signs. Off premises advertising signs except as specifically allowed.. (4) Signs with rrioving parts, nioving lighting or animation. No sign shall display any moving parts, be illuminated with any flashing or intermittent lights, use changing light intensity, utilize spotlights giving off an intermittent:or rotating beam existing as a.Collection or concentration of rays of light (including but not fi.rnit€d to revolving beacons, beamed. lights, or similar devices), or be animated. The only exceptions to this provision include static time and temperature information changing only when necessary (which shall be allowed provided the message depicted is reasonably accurate), allowable changeable copy signs and barbershop poles. (5) hoof signs. (6) Banners,pennants,ribbons,streamers. No sign which Contains or consists of banners,pennants, ribbons, streamers, string of light bulbs, spinners, or similar devices, except when.used for non-commercial purposes, as a governmental sign., or as part of a..n.approved.master sign program. (7) Portable signs. Including but not limited to signs with wheels removed, attached.temporarily or permanently to the ground, structure or other signs, mounted on.a vehicle for advertising purposes,parked.and visible from the public right-of wa.y,bot air or gas filled balloons or seinitruck umbrellas used for advertising. This prohibition shall not include business vehicle identification signs when the vehicle is being used for the normal day-to-day operations of a permitted business. (8) Signs supported by a.gray wire. (9) Billboards. (10) Electronic Variable Message Signs. ..f9..Q(".�+.l.�tli11i1Jlr?f•.l3;1t'N,t'gwj Ai.'vic-1v 17 Dtt.''#F9 .,ef e E kno 8 cn Code.- O"F7 x! erg. (11) Signs on natural surfaces. No sign shall be painted, attached or in any other manner affixed to trees, rocks,or similar naturally occurring surfaces within the City of Lake Elmo. This shall not prohibit the use of natural building materials(e.g. boulders)in the construction of a legally permitted sign. (12) Snipe signs. (0) Public lands and rights-of-way. No signs other than governmental signs shall be erected or temporarily placed within any street right-of-way or upon public lands or easements or rights-of--ways without Council approval. (P) Regulations for Specific Sign Types (1) Wall signs (a) A wall sign shall.be located.on the outermost wall of any principal building but shall not project.more than 16 inches from the.wall to which the sign.is to be affixed. (b) A. wall sign shall not project higher than th.e parapet luxe: of the wall to which the sign is to be affixed. (c) Wall signs authorized by a Master Sign Program shall not exceed 25 square feet per business, and all signs shall be visually consistent in. location, design, and scale. (d) Wall signs may be placed on not more than three walls of rectangular shaped structures or not more than 75 percent of the major walls on non-rectangular shaped buildings. (2) Mural Sign. (a) Mural signs shall not be limited in size,but any commercial or non- commercial language incorporated into the mural sign shall be limited in size by the restrictions established for the applicable zoning district. (b) in addition to the standard conditional use criteria in section 154.018,mural signs shall also be subject to the following: i. The location for the proposed mural sign shall be viewable by the public and be accessible; ii. The scale and suitability of the mural sign shall be appropriate in the context of the surrounding properties; iii. The artist(s)commissioned to complete the mural must provide documentation of demonstrated craftsmanship on similar projects; iv. The applicant shall provide sureties to the city guaranteeing completion of the project within the proposed timeframe; j..q.(�h'�',{t:ili;ii?,!>(.111i?il?!t•.5'i!}li.�ii?i'!(it' 18 i. A-I i:,c a•.�, � I�ra�r v. The applicant shall demonstrate that the necessary funds are available for the proposed project; vi. The applicant must be able to show the final mural will last a minimum of five years and be reasonably resistant to vandalism and weather. (3) Projecting,Awning,and Canopy Signs. (a) Projecting signs and awning signs shall be located on street level. (b) If lighted, projecting, awning, arrd canopy signs shall use indirect. illumination. (c) Awning or canopy signs shall.not project higher than the top of the awning or canopy or below the awning or canopy. (d) Clearance. The bottom of a projecting sign or awning shall be a minimum of eight feet(8')above the ground surface when projecting over a private or public walkway. (4) Freestanding Signs. Freestanding signs shall not be erected or maintained any closer than three feet to any building. (Q) Separation Angle. So as not to create a double exposure or increase sign size limitations, there shall be a maximum separation angle of forty-five degrees for signs which are back to back. In all residential districts, double-faced signs shall be parallel. (R) Signs needin electricity. Signs needing electricity shall be subject to all applicable electrical codes as may be amended. Overhead Wiring for SUGh signs is Prohibited, (S) Special Sign Districts. (1) Old Village. (a) Boundary. The boundary of the Old Village Sign District is depicted on the city's official sign district map. Modifications to the district boundary may be completed using the zoning map amendment process. (b) Illumination. Indirect illumination or reverse: lit letters sl)all be the permitted technigiies 1or lighting: all signs within the Old Village Sign District. Other forms of direct illrr.rninati.on are prohibited. 19 VEfAP' L€ke? 1'[I o"S`r,:11 € is<fe!-_.. C 6,1, V x'O,t Y (c) Wall Signs. i. Wall signs in the Old Village Sign District:shall not project higher than the parapet line of the wall to which.the sign is to be affixed.or 15 feet as measured from the base of the building wall to which the sign.is affixed, whichever is lower. ii. Wall signs in the Old Village Sign District authorized by a Master Sign Program shall not exceed 20 square feet per business, anti all signs shall be visually consistent Yt in location, design, and scale. (d) Freestanding Signs. i.. The area.of a Iivestanding sign.in the Old Village Sign District shall not exceed thirty(30) square feet. ii. Freestanding signs in the Old Village Sign District sh.a.l.l not project higher than 6 feet, as measured.from the average grade at the base of the sign or grade of the nearest roadway, whichever is lower. (2) Agricultural Sales District (a) Boundary. The Agricultural Sales District shall include all properties zoned Agricultural or Rural Residential. (b) On-premises sign(s). Independent of the total allowable sign area for an individual property within the agricultural sales district, one or more additional on-premises signs may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions: i.. Agricultural sales businesses utilizing less than. 10 acres of land. specifically for the growing of agricultural crops for the business are allowed I on-premises sign not to exceed.32 gross square feet of advertising surface; ii. Agricultural sales businesses utilizing more than. 10 acres of land. but less than 40 acres of land specifically for the growing of agricultural crops for the business are allowed 1 or 2 on-premises signs not to exceed 48 gross square feet of advertising surface (with no sign surface exceeding 32 square feet in size); iii. Agricultural sales businesses utilizing more than 40 acres of.land specifically for the growing of agricultural crops for the business are allowed 1. , 2 or 3 on-prerrrises signs not to exceed 64 gross square feet of advertising surface(with no sign surface exceeding 32 square feet in size); iv. Sign(s) shall be in the form.of an allowable sign type in the underlying zoning district. 3 9.09 C','7t;itil,C.1'11:rii �....V,,..c.,..«."..,.x«.w.:n...,..,.,,,.�,.,,..�..�,....r...,.,.d,.,20: D1?A1'FTLce)ke )�3*hno SI,gn ('113AN Ce-W11 v. No dimension of any sign shall exceed .15 feet exclusive of supporting structures. vi. All signs shall be boi-dered with a decorative material compatible with the surrounding area. v ii.. Any illunainated sign shall be illuminated only during those hours when.business is open to the public for con-ducting business, (c) Temporary off-premises sign(s). Independent of the total allowable sign area for an individual property anywhere within the city, a temporary off-premises sign may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions: i. Maximum Number. Every agricultural sales business shall have no more than two off-premises signs at any given.time to direct Z�- the public to the location of the business. ii. Timeframe of use. Temporary off-premises signs may be erected for 45-day time periods no more than four times in any given calendar year. The required temporary sign permit shall stipulate the range of dates for each of the four allowable tinne periods in any given calendar year. ii.i. Size and Height. An off-site agricultural sales advertising sign shall not exceed 50sq�uare feet in.area and sball not be taller than 10 feet in.height; iv. Setbacks. Off-premises signs shall be a minimum of 25' from all side property lines, and a minimum of 50' frona other off- premises advertising signs; v. Permission Required. Applicants for off-premises signs shall acquire permission from the property owner upon whose land the sign is to be erected. (3) 1-94 District(optional) (a) Boundary. The 1-94 district shall include the following parcels: L All buildable properties to the south of Hudson Boulevard and to the.north of Interstate 94. ii. All properties whose southern boarder abuts Hudson Boulevard, but excluding those directly north of a developable parcel lying between Hudson Boulevard and Interstate-94. (b) Illumination. All forms of illumination shall be the permitted within the 1-94 Sign District. 3 raj..01.9 Plfnmiml COMUMNUOP R(`11101 21 COPY (c) Maximum total square footage of ALL sign surfaces. The maximum total square footage of all sign surfaces in the I-94 district shall be dictated by the maximum sign sizes for allowable sign types. (d) Wall Signs. The least restrictive of the following may be used to determine the allowable area for wall signs in the I-94 District: i. The total area of all wall signs on any wall shall not exceed ten. percent of the area of the wall. with a maximuni allowable area of 80 square feet; or ii. The total area of all wall signs on any wall shall not exceed five percent of the area of the wall with a maximum allowable area.of 300 square feet. (e) ]Freestanding Signs. A building site within the 1-94 District may have freestanding signs in accordance with the following: i. One freestanding sign within 50 feet("of the property line nearest the Interstate"OR"of flud.so:n .Boulevard")is allowed provided the sign does not exceed 150 square feet in size nor 30 feet in height. The base of such a sign shall be at least 75 percent of the width of the sign and be constructed of materials that match those used on the building for which the sign is installed. ii. One additional freestanding sign, in conformance with the underlying zoning requirements for height, location, and maximum size may also be erected along each additional roadway frontage. (f) Window Signs. Window signs in the I-94 district shall not cover more than 25% of the window area. (g) Awning,Canopy, and Projecting Signs. One awning, canopy or projecting sign, in conformance with the underlying zoning requirements for height, location, and maximum size may also be erected.for each business on a building site in the 1-94 District. (7") Substitution Clause. The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial.speech signs in lieu of any other commercial speech sign.or other non-cominercia.l speech.sign.. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non- commercial speech over any other non-cornrncrcial. speech. This provision prevails over any more specific provision to the contrary. 0.9 i3Ltiiiii.H �. .,. r.,,,..m..,...,,,,�...,...�,..................»,..,,m«....22 DI?AFTI,ake Et C01" ' (U) Temporary Signs, (1) Specia'I Events. Temporary signs-may be allowed upon.issuance of a pernutfor oil-site advertising of special.events such as openings and closings, change in managenaent, sales events, or other special occasions. No more than.four temporary sign permits may be issued in any calendar year for a.given destination, and each temporary sign permit shall run. for 15 days. Temporary signs for special events shall be subject to the fallowing regulations: (a) Only one on-premises temporary sign shall be allowed per business or event. (b) Temporary signs shall be in the farm.of an allowable sign type in the underlying zoning district. (C) Temporary signs shall not exceed 32 square feet in area and shall not be taller than 10 feet in height, (2) Residential development advertising signs. Independent of the total allowable sign area for individual properties or residences within a residential zoning district, one or more additional ground signs may be erected within a newly established unified residential area development subject to the following: (a) Minimum Development Size i. Projects of less than 25 acres which create ten or more dwelling units ire allowed one(1) on-premises ground sign not to exceed 100 square feet of advertising surface; ii. Projects of 26 through 50 acres which create ten or more dwelling units are all-owed I or 2 on-premises ground signs not to 0 exceed 200 aggregate square feet of advertising surface on the project site; and iii. Projects over 50 acres which create ten or more dwelling units are allowed 1, 2, or 3 on-premises ground signs not to exceed 200 aggregate square feet of advertising surface on the project site. (b) Restrictions. i. No dimension shall exceed 25 feet exclusive of supporting structures. ii. The sign shall not renlain.once 90% of the lots in the development have been issued building permits, iii. The permit for the sign must be renewed annually by the Council. iv. All signs shall be bordered with a decorative material compatible with the surrounding area. 3 9 0!",Pialwim,COM-MIN'S101; IWTW";� 23 ................. v. Only i.i-i(.Iirectil.li.imi-:n.a.tionispoi-iiiitte(ian(isli.�t.i.loiilyoccur. during those hours when an on site sales office or rnodel home is open for conducting business. (3) Temporary Off-Premises Signs(optional). Temporary off-premises signs may be erected if all.of the following criteria are met: (a) The destination to which the off-prejnises,sign is advertising is a property for sale; (b) An agent must be present at the destination property for sale, and the property must be open for viewing. (c) The sign.must be located on private property, and permission must have been obtained from the private property owner to erect the temporary sign; (d) The temporary off premises sign.shall not exceed six (6) square feet in size; (e) The temporary off-premises sign shall not cause the total square feet of signage on a property to exceed the allowed maximum.in.the underlying zoning district. (V) Warning Signs. Warning signs which do not exceed the minimum statutory requirements for size and number may be posted, and shall not count towards the overall permitted signage on a given property. Increases in either size or number over minimum statutory requirements shall count against the overall permitted signage on a given property unless authorized by conditional use permit which finds sufficient evidence that larger or more frequent signage is necessary to provide the intended warning. 3-9 09 ("1 , ....... 24 S? y F_.fif% - F..�1i1 r'f'fi:r�; 151.118 Specific Regulations by Zoning District (A) Sign Setbacks. Signs shall conform to the set back regulations listed in table 1 for the zoning district in which the signs are located except as may be specifically exempted or restricted in sections 151.117 and 151.118. ® s Front Lot Line 5 5 5 S 5 5 5 5 I f I l I r Side Lot Line 5 5 5 5 5 5 5 5 5 5 5 5 5 Rear Lot Line 5 5 5 5 5 5 5 110 10 10 10 10 Vehicular Access 5 5 5 5 5 5 5 5 15 15 15 15 15 5 [1]: Awning/Canopy signs, mural signs, projecting signs,wall signs,or window signs proposed to be located on a building legally non-conforming to setback requirements shall be permitted without a variance provided all other zoning code provisions are met. [2]: Signs within Business Parks shall also adhere to the requirements of a master sign program approved by the City Council in conjunction with the business park establishment. . ;! 09 MtiiiiiT.)!,: i.�l!7Tr;i17.', 'lfiii.��i'}'�i t'it »..�.«. 5 3:/'Ril2.F.T.Lalfe.Ehxe"o, ffar f CwIe-...-_-CY'FAN C' 1"Y (B) Allowable Sign Area. The maximum allowable sign area for an individual sign and for total site signage is listed in table 2 by zoning district. These maximums shall apply except as may be specifically exempted or restricted in sections 151.117 and 1.51.118. • • s i A, RR, RI, R2, RE, OP (3] 6 C 6 6 6 12 square feet R3 & R4 [3] 12 C 12 l2 12 24 square feet 1.0 square foot per lineal foot of GB, MB, CB, LB, BP, & PF [4] 30 60 C 30 6 [5] No building parallel or substantially parallel max to public road frontage(excluding alleys). [6] [1]: Sign types with shaded cells are prohibited in the applicable zoning district(s). Sign types with a maximum sign area of"C" shall require a conditional use permit. [2]. Ground, monument,or pole signs,where permitted,shall be limited to one (1) per commercial establishment. [3]: All sign types in residential districts shall have no more than two (2) surfaces. [4]: The gross surface of an awning or canopy sign shall not exceed 30%of the gross surface area of the smallest face of the awning or canopy of which the sign is to be affixed. [5]: On any wall parallel or substantially parallel to a public roadway,the gross surface area of a wall sign shall not exceed 0.75 square feet for each lineal foot of building facing the applicable roadway. For walls not facing a public roadway,the maximum wall sign size shall be twelve(12) square feet. [6]: Open sales lots or other approved uses on lots without a building shall be limited to thirty (30)square feet of total sign surfaces. .)-<1) 09 P?Winin'-Commission Reviciv �� 26 (C) Freestanding Sign Height. The maximum allowable sign height for a freestanding sign is listed in table 3 by zoning district. These maximums shall apply except as may be specifically exempted or restricted in sections 151.117 and 151.118. s � ® a 1 F Allowable Height 5 5 5 5 8 8 S 5 20 20 20 feet � 20 20 20 in 151.119 Sign Variances Variances from sign provisions shall be administered in accordance with section 154.017, and shall be subject to the following additional requirements: (a) The sign(s)shall be compatible with the character of the adjacent buildings and with the character of the adjacent neighborhood; (b) The sign(s)shall have good scale and proportion in the visual relationship to buildings and adjacent areas; (c) The material, size, color, lettering, location, and arrangement of the sign(s)is an integral part of the site and building design; and/or (d) The colors, materials, and lighting of the sign(s)are restrained and harmonious, as interpreted by the City Planner. 3.9.091 hImlim,Cc;nr;arissiurr f?.c,ie �T 27 li 1: Exhibit A: Official Sign District Map I; .. P is r i i a �.. . ... &r/r .., + t. Qrr • 57TN� x � ''I .fir._........-_. - . , 1 I -53€2D .. a - - .. G . t , I............. I ... ; 1.... + 1 .. 51ST _............. z _b.. _.._ I i h O ""47TH ........ �I LLC i — — .... _. I - I •s : I a f �ACDONAL � ! y 1 ......I� ,.J .... _ I - .E .. � .� a ! 44TH 3RD : _ .. .. .. . a - _ _...... - StD ; , :.. .'32ND is , 2 t—.—. .............. ... `.'ITS"{Q a �... UJ �_..... jj ji i. ....-.t + 2.........._ ii i i w _ j 1 ... ...... .J .� �Th' t474g4N �~ Legere 'I T Old Village Sign District �zrsr zzaD Lake Elmo Boundary N� 1 ! ,.AG v., .w-, q SIGNS 1�1.1'15 {'Va1F�Sai.1��'. Signs have an.impact on the rural character and quality of the environment in Lake Elmo.::They.inay attract or repel the viewing,publi.c and affect the safety of vehicular traffic.`:Asa:rural community,Lake Elmo is unique. The proper control of:signs is of particular importance because of this.rural quality and uniqueness. Signs should be kept withinreasonalile.boundaties.consistent with the objectives and.goals of the community to retain:its special character:and.economic advantages which:rest in part on the quality , ZiWment tbxl:This iangautgar was reviled 6v the 2009 Ordinance update for Of its appealSancp- 'The following standards in the section are adopted to regulate signs.. � q_riculttval starts,and is included in suction in the.new (199 7 Code.k 1535.01) l Ordinance a=s Comment.11121:i_ans;uage.requiring .� 1 151.1 {:. RPIIIT:lei <l 71 11`. tsl:l perat».ts is still7ocaied M section l6 within flit nevr cOdi. � (A) , altered,reconstructed,maintained or moved in the city without first securing a permit fio the.city. The content of.the message Comsnerrt:(b31: or speech displayed:on the sign shall not be.reviewed or considered in `omin srctiott ::f ..- - - .. .. .. .... ..� l 1G(/4�Y nt t11C IH'w`9rdin8nCC 151. determining whether to approve or deny a sgn.pernilti (B) ermarient Signs:;To.apply,for a:permanent sign permit,a:comptete application shall be submitted to:the City cpnt�ining the:Following: 1. Names and atilresses of tle applicant,owners o tie sign.,and:tot; 2. T1teaddress at v ch the sign:(s)are fo lre erected; 3. The legal description of the property on which Jhe a gn(s).are to be erected and the street on which they are to front; 4. A complete set ofsedled..plans showing the sign dimensions,area,he gift, g,7pund elevations;:appli.cable.setbacks,and other details to hilly and clearly represent the safe construction and placement of the proposed sigh.{s}; 5. Type of signs)tieing ,requested(i.e.waji s(gi;,nitonument sign,etc.); 6. The permit fee;and 7. The fallowing if apptcabl : a. 'Written authorization from the properly ow}ter upon who's land the sign is to be erected. b. A permit From either MhDOT or Washington County if tlt proposed sign is on a state highway or cpunty road. ..—9—t7 i;' c. A sign plan showing signs for ail businesses if the sign is located on a building with.more than one business. d. photographs of the building face and the building faces of both adjacent buildings,if the sign is being .placed;on.an existing structure. e. it'replacing a historical'sign,pictorial.proof or other information that the sign is of historical significance or is a reprodctian of a historic comment[bat:!ow in s,cfi t, sigmi 151.3.!.(i(A)(1 I in the neu ovd vane. (C) ?Temporary Signs..To apply for a permit to allow a temporary sign,a complete application shall be submitted to the City containi;.g the follo,wi,ng: 1. Names and addresses of the applicant,owners.of. ie s ,m,and lo._f; 2. T e address:at which the sighs)are to be erected; 3. A generaiizeil.plan set sftow.mgthe sign di ensipns,and.height and.a. hotatioii of the materials to.be used. 4. A`sealed site plan which clearly represents tt�e p�aceinent of the proposed sign(s)on the applicable property; S. T he.proposed timeframe(s}over which tlic s#gn(s)will.be posted; 6. 'The permit fee;and 7. :The following if applicable: a. Written authoi-Ization from the property owner upon who's].and the sign is:to be erected. b. A.perm.iti from either 1vEnD01 or Washingtonpunty if the proposed Comment Cbs1: » «r, sign.is along a state highway of coupes road.: - 3 J �,� (D) �e*jorary Sign'R*enewai..A.temporary sign permit issued by the City n?aY be renewed provided the.sign design,size,location,or.othervreviously approv«rd details.are not proposed to change. A sign renewal application shall include the following: i. at.es and addresses of:t.e applicant,owners olhe sign,and 1pt; 2. the adds at which the signs)are to be erected; 3. it ctate of issuance of.the permit being renewed; 4. T he proposed tir.�e ame(s).over which the sigii(s),wil%be posted; 34-€9,i`:>Lar..;^.•.:'?i4-;t.'t.lY1:F'.18 YE tt�("r't of 2 ahe JFJOnea Si n 5. Written authorization from the prop erty owner ppotp who's land the sign is to be erected(if applicaole);and 6. The perMil reneW4� comment[h6l:N(M'ill=iico) MA 16(AO)in lhonew ordinance. (E) heview.. The planning department shall approve or deny complete sign permit applications upon receipt of a complete.application- If the permit:is denied, the planning department will send a written notice of denial to the applicant. The written notice will indicate the reason(s)for denial arui a description of Comment Eb?k Now in section rights.; 15 1.116(A)(4)in the new ordmano the applicant's appeal ri-P. .. ............... ...................................... P -ISiA17 DiA' !N JTJQNS. ..Unless specifically defined within§§ 151.115 et seq.,common definitions,wordi.and ph rases used in this code Aall be interpreted so as to.give.them the..same.meaning . hroughottt this code,*and We found.in§11.01. Comment rt,81:tin.Section will be 'I reviv�dt I tro om ti ughle.Ordillance Process ........................... -rm,.nulde. :I in 2mv.iven ,caiwi. It musi bc-revimed cllskTealf ncc4a,deftnitums aN in Off prenuse sign —a*commeicial speech sign which Aire*cts* the of Ifile.pul : 1), public too,business,activity conducted,or produasold or.o#er at i*location not on the same lotwhere suckgign*is located....A signiocated within an:easement or other:. .rtenan appa.. - ce to a.lot on wb iq'.A bgsiriesg is located shall be Oeerrie4 AIR.of-premises sign. "On-pren.-ii.se sign"-:i sign:�rhic identifies oradveriises an*esiablishment,.person, activity,goo4s,* te th premises I nstaifed. prW._ ,ucts orservices located one ises where the sign i Permanent Sign"—A sign constructed of durable materials designed to exist for tB6 duration of time that the use or occupant is located on the Premises. "Sign".—.Anykitm*w6rd-grsMbol,:d:evice,poster, matter or representationin the nature of anzdvertisement,announcement,.message ,or.visual communication,Whether painted,posted.printed,affixed or constructed,Which..is displayed for informational or communicat communicative 6 p .the.g P1purposes Visible to h general poses arid 0 "Sign,:Real Estate Developmerif"—A sign offering for safe,lease,or rent a single-family or multiple-family Tesidential.proiect of 10 or more dwelling units or lots. :Real estate development signs shall be administered as Penn n qt signs Olis. a..e. _ Igiis subject to all removal reqqirements outlined in code. 3 "Sign,Agricultural Sales"—A sign placed on a lot or parcel of land advertising an operating and.permissible agricultural sales business. .:Off-premises agricultural sales signs shall be administered as temporary signs subject to all removal regtiirementS outlined in code. "Sign,Wayside Stand"—A sign located on a temporary struci re or vebicle being usedtto sell agricultural;floricultural,or horticultural products. �Canmeet IN],All dei'iniriass ws:v x � " .' a - ti io 11.I.15(Cl wilIsits nc�new :.. "l emporary Sign —Any sign intended for display over a short perm of tmjm e.l ----- j511L1.I'A SIGNS; G.ftRALLY. Comment jb10]:iics; .�1.tandaxd: 's. A} The following provisions apply to signs iocgt d in all zoning d tricis. (arc now 1o.^»real its se rion 15?"t I' :..Uaintenance. All signs and structures shall be,properly maintained and shall be constructed of sufficiently.permanent material so that they shall.not succumb to deterioration:from weathering.any existing sign or sign structure which is rotted;unsafe, _ _ deteriorated,defaced,o> otherwise altered,shall , repaimted,repaired,replaced,or �c mmelSt[bii]:nii,lam u3.pr ti as reipgved as necessary.' - ' split Ditty'two D'YnUnitf9Crlt�.-aisd placed In 11 (2) LTectricaC signs, When electrical signs are installed,the installation shall"beep Comment[biz] >� 1 I'(121 dited got�tsa e iti to include sulsject to the state's�leetrical code. 'Overhead electrical wiring is not allowed; Sa 5 , :n,Y he an,c,i Teti , j ` ..(3) Puhtic,tands and rights-gffway. No signs other than governmentaisigns shall be erected or temporarily placed within any street right-of way or u gn public lands ,[Comment lbaa].Naw it,smfion ; ISI.II (C3} or easements of rights-pf-ways with .ut°Council approval-_ -- �....__..__ ._ , (4) Ingress oi-egress. No sign or structure shall be erected or maintained if it _ prevents free.ingress or egress from any door,window,Qr fire escape. ._No signor siga Comment[b14]: ass;c i;ru•;s:s.r ^ structure shall be attached-to a standpipe or fire escape.'______ nx ir^tistcd m e tiotz 15I.1 17s(;? j (5} Temporary signs Temporary signs maybe allowed.upon issuance of a permit for on-site advertising of special business events such as openings and closings,change in management,,sales events,or other special occasions. No more:than four temporary sign permits:may be.issued in any calendar year for a given destination,and each temporary sign permit shall run.for 15 days. Temporary signs shall be subject to the following regulations: a. Only one on-premises temporary sig>3 s►a11 be allowed.per business or event. b. Temporary signs shall not exceed 31 square feet in area and shah not be taller than 10 feet In height: COmment[W] Nov in,calm --- - --.-----._. 151.1171,:if1} bstn r ds.Ioj(ii sign.lype Ei'om"„pnunC coign"u"allowed } sirsl jyP s m lire eardrrlgmraoui.ta dESiriL'>." 7a1(iYtD9il7T .0'i7tii3 .'4:_7F Review E'XFS-TG'VG Einseu S�gpf C"Ide, Sign structures not used for signing for I' :(6) . Abandoned sign so .2 Comment[b16]'Edited aild consecutive months shall be considered abandoned and stall be removed.. 151..1,0(A) .. ............ (7) Compa.fibilitY. All signs shaft be compatible with the building and area in �x hich they are located. (Too vague—Removed) aye... �e 41 (8) Fla .flags may Jsp� Comment tb171-�.7in�,efio,� 7), .:Flags. mpre t 3 properly dispi 4- y `aye4.9�Asi&of f� .4 Ly�xfiriuln flaa size (9) Preservation of visual imp(Ict A Sigll Shall not obscure architectural features of a building to which ttie sign is attached. (Too vague; architectural features can lit,oracfleall�anYthing—need to differentiate types of features to be proteeted 1-fthis is included—Removed) Comment Jjbl8l�,mlvv in smiim 17 IB) addrcssjuunba 10) Bv21 addreis. A b t be c idem C.21twi) A pild H no ons 'N'gild bt0ding L: - -—------- 11 q.,ire ' GraphicGraphic cosign signs hionaluse Zo entfbl9j:Replaced with.: design sig?vv- :G S; shall require ........ ScOl Il H�1�1 1 . ...............I..... ............ gT qtc.,r wriij jov o,cr"inural"signs %. ......................... .................................................. QfIVah?eY% The terms of 1.5 1.115 sir seq. may Kz!waived if the sign is a historic resource.or if the signs is a pro.posed reproduction ofa historic sign,. (removed—variance would no",be needed for any waiver ol'si(yn requirem-ents) I3 Computations- Dim.;'Rs.plqs o f sips shall' ca7`culatedthe following manner: a. Sip Area Measuremen:. The area of a sip shah be computed by mea'nsok.&smallest rectangle within which a single sign.face can be.enclosed: nclosed. When a sign has two back-to-back sip faces containing sign copy,the sign area for just one face is counted toward the allowed sign area. -Poles,bases,an.d ptteq sq,ppo rts soAll not be included ir;the sign n area a calculzqiqn. b. Sign Height Measurement the tieight of the sign shall be computed.as the vertical distance measured from=the average grade at the base of the sign p to of flee Comment(b2D].N, 151-3 16'D; highest attached.component of#ie skM:: ....................... ............. J P, i larlpy-UM, t..If.?frif,�.l�-,,-.,,t-�A�;.R..-.--..,jc:",%, Code § 1.51...1.I4 PERMITTED SIGNS. (A.) Tlie following signs are allowed without a perinit in all zoning districts.but dull con:ip!y with all other applicable provisions of§§ 151.115 cat sect.: (B) (1) . .Public signs. Signs of public,non-commercial nature inciuding safety signs,danger signs,trespassing signs,traffic signs,signs indicating scenic or.historical points of interest,memorial plaques and the Pike,,when signs are erected by or on order of Comment[b2l1:pow in,ect,t rms ----1- J ISLIi(i(F3N4}aridli1.I17{O}--now A public o1f,:er of employee to.the perfotxr .ce of official duty; ! iusi coveird by the d•_finn€on for I govet mental signage Olong With ianLliil p allowing wchsicil!i bR F9nbI.lC . (2) ..Integral.signs..Names on.buildings,date of construction,commemorative tnncis a,d I tablet,and the like,which are permanent constriction.and which an integral art of -- Comment.1=1 ".ov in..section, the building or the Structure?;- ___.............................................................. i t€i t 7.{S)--edited for claricr-sad j combined with 3anluagr eay 7sir; I:oupe 1 (s) Political signs. Sigils()r posters�uin.ouncin:_ean.didate:.s seekinrr political ot.Tice or issues to be voted upon at a public election,the si;l-YrIs Trust(".ant'ain the n.amne wind address oI 'C t r t1IiL )lx'Y.}'>o23 dale:f o^it-S YeMr,YrA (Based on€ontsiM—removed) These signs.shall.be erected,no more than 45 days before any election.and be removed 10 days after the general election for which they are intended. The city shall have the rip-lit to cammeot[b231:Now in eection::. 1 I5I,1 i 7{(I-e(iit z3 fcn ciarit} remove and destroy signs after.the 10-day limit.:- (a) Mize. evidential i?istricts. a maximum sigih size sliatl be G.qcareee in Comment @24 is e tip-,. . area with a maximuni height of 4 feet.: -- --- ,` 3iF.IIS(Fi&C)-'3esiienruiliici-Ai .:: .... ...... .......... .......---... ..... raiscd to 3 feet ur pmerai i'nr rcaitientjai 2. Commercial Diso-icis. The maxinium size:s.lial.l be 45 square,feet:in area. (.eliminated in fav€.T-of general size re=strietiaatx during non-clec#ion.times) (b) Notwithstanding these provisions,all non-commercial.signs of any size __ may be.posted from August 1 i.n a state general election year until 10 days followui;the comment[b2S] No> n Tic:, state election.! la 1.l 17(I3) edlied ion t riE (4) 1161idlatl Pt usages. Signs or displays whict) contain or depict messages pertaining to a national,state,or Local Izoli€lau arlcl F!o Oill:r.1n.aacY and which are displayed for a period.not to exceed 60 stays; (Based air,content-...removed) 9-09 r lan:r.:Yar^ 6 (31 Consirucdonsi,-m,. A nori-illuminated.sign announcing the flarnes or architects,engineers.cont'nactors,of-other individuals or firms involved with the construction,alteration..or repair of a building(but.not including any advertisement of any product)or announcing the character of the building enterprise or the purpo,;e For which the building is interided. The signs shall be confined.to the site of the construction, aheration,or repair and shall be reinovLd within 2 years of the date of issuance of the fiirs! building permit or when the particular pro"Ject is completed,whichever is sooner. One sign shall be permitted for each street the protect.abuts. No sign may,excetad.32 square feet in inulti-farnity residential,corn.mercial,and industrial district,;.,and 12 square feet in single-family residet-aWl districts,(Based on content—removed) (6) Individual proqertysale, lease, or rental sign. .Ar,on-premise sign aRDOL[116110 the name of the owner,manager, rea[toy,or other person directly involved in- the,sale or rental of-the prop rutty or ann.oa cingthepurposelo w..ic it.111 , far 11 171 isbeinizoffere& The sii�ns are limited to 6 square feel iiriresidential districts and 32 square. fiaet in corrimercial districts. Signs must be removed,within 1.0 days after sale or rental of property;(Based on content—removed) (7) Rummage sale s-i,gns, Signs advertisi ng a rurninage sale not exceeding 4 square feet located on private property whicJh conform to th.e applicaHe J)rovisions of t1lis title and are rennoved at the termination (A'thc. sale;(Based on content--removed) (8) Norne pla-le siens, (Rased on content—removed) (a)) One name plate sign:.,placed on a w-all of the structure,for each dwelling not exceeding 2square feet in area per structure. No signs shall be constructed to have more.than 2 surfiaces. (b) One nanne plate sign for each dwelling,M.-OLLp of 6 or more units. shall not exceed 6 square feet in L-ICa rCr surface. No si(Irs shall be constnicied to.have more than 2 sidens, (9, A estwidevekop ment prqjec;d A�Or Vsft signs On premises real estate development project advertising signs s may used if the fpl!owin,..g requirerqepts are met: k. *.fiQi:qW D....evctqpi era Size: i. Projects.of less.than 15 acres which create ten or more dwelling units are allowed I on-premises sign not to exceed .100 square feet of advertising surface; ii. Project,,of 26 diroug h- 50 acres which create ten or more dwelling units are allowed I or r 2 on-premises signs not to exceed 200 aggregate square feet of advertising surface on die project site;and -09 Plevinb-7�1 7 Projects over 50 acres which create ten or more dwelling units are allowed 1,2,or 3 on-premises signs not to exceed 200 aggregate square feet of advertising surface op the pr9ject site. 2. On-prem ises sign requirements: i. Nodimension shaii.exceed 25 feet excfitsive of supporting structures, ii. The sign shall.not remain n once 90%.of the lots in the development have been,issued building permits. iii. The peen itfqTd sign must be renewed annually by the Council. iv. Ail signs.sfiail be bordered with.a decorative Material.. co with e compatible the sWmur4in g area. V. Any illumin.aied sign shall be illuminated only during those .hours when businessis in operation..or when the model bome.1;or Oerdevelopmettt are open for conducting Comment Eb!61:Nmv in NeCt business. I 1( 0) ,* 4gricu?piral.salay a ,ert4Ying signs- a. ()6-Premises. On-premises agricultural sales advertis9 in signs'may used subject to the followpi g req Viremen1s: 1. Acreage(Wi8-aied"to agricultural: ton: production: i. Agricultural sales 'businesses utilizing less than 10 acres of land specifically for the-rowing of agricultural crops for the business are allowed I:on-premises sign not to exceed 32 gross squqe feet of advertising surface; . .4 ii. Agricultural sales 6sinesses utilizing more than I.0 acres of land but less than 40 acres of land specifically for the growing of agricultural crops for the business are allowed I .or 2 on-premises signs not to exceed 48 gross square feet of advertising surface(widh,neither sign exceeding 32 square feel in size): iii. Agricultural sales businesses utilizing more than 40.acres of la nd specifically'pecif cally for the growing of agricultural crops for the business are allowed 1 1 2 or 3 on-premises signs not to exceed 64 gross square feet of advertising surface(with no. .sign exceeding 32 square feet in size); 8 i31,v'g 'i'le 2. dn-premises sign requirements: i. No dimension of any sign stall exceed i 5 ikei exclusive of supporCi -2 structures. ii. The penmt for the sign must be renewed annually. the iii. All signs s.laff be bordered with a decorative material:- compatible with.the surrounding area. iv. An �fiuminaied-sign shall be illuminated only during those .yi hours when business is open to the pqblic for conducting business. b. dft-premtses. An off-Premises agriculturai sales advertising sisgn.may be used if the following requirements are met: 1. Maximum Number. Every agricultural sales business shat.I have no more than two off Premises signs at any given time to direct the. puwi.c to,the location of the business. 2. Off-preipises .j:Sig eqOge%prits: i. An off-site agricultural sales advertising sign shall not exceed. 50 square feet in a.reaand-sliall not be taller than 1..0 feet in height; *0:ff premises signs shah be a minimum of 25'from all sic!p property lines,and a minimum of 50.' from other off- premises advertising sighs; iii. Applicants for off premises signs shall.acquire pen-nission from the property owner uNn,who's land the sign is to be erected. 3. Timeframe of use. Either one or two o#-7premises agricultural sales advertising sign(s)may be erected for a 45-day time period no more than four times in any given calendar year. The required Omment[b27]-Nonkl fil.w. crion yearly permit shall:stipulate the range of dates for each of the four allowable time periods. .kll) Wayside Stand sign. temporary wayside stand's permitted by code may 11- m menttb28j-.%ddrc.med!A have one non-illuminated sign(exempt from permittin re uirementslno��q "Bushiess vd:kide.]&wificaliorl S.ium",in g .:q: exceed 32 gross square feet of advertising suqa9e.: the ne W ardinano., in' S4 n 9 .n.>TLF..SL°J$f 2..4�.5 LahV A:•Zi kl?) Window signs. No sign permit is required for window signage that doves. not cover more than 1/3 of the total area of the window in which the sign is Comment F [629]:Nt a i��m displayed;apd... - tloµsFNtld aslpart e r Fie transition such r 'that vtincS:r�n sVpap in acneral will no ion!Ser 15:.4um, ..a rerrait, l3) No trespassing/no hunting signs. No trespassing and i6 figoft signs L shall no,larger than Z Square feet Comment[b30]:Nt1N'in 5e aum (1 9-1 Code, 4 535.0.5) Penalty.see: _l1.0.99 _ f- ent[b3l]:Prohibited si,ts arr, j >sl'.1 > >rEn srts z >ccTs.` now listed it: actinn i51.iF7(N} _ .......................... (A} 16e iitowipg signs are prohibited in alt zcaning districts. obstructing visinri Any sign which obstructs the vision of drivers (Comment lb32]::Now in aecu... :^ or Pedesy-#ns or detracts frclm the visibili o.an of cia traffic-control device: ' 1.,U I?(N) 1 v .y , t . _. j {2) Unof/icial.-traffic or signals. sign which contains or i> itates an oi`f ciai C+,nsment[b33]:No,,t3.,ton :. B 1.1 t'(\)(2, tratfrz sign;or signal,except for:private.on-premises directional signs.; - ) (3) : Pffpremises:advertising sign,.s. Of .premises advertising signs except as Comment[b34]: ;,br:in;.U-vion regulated in§§151.115 et seq., (4) Moving or rotating signs. .Aty sign vlrhicli moves or rotates,including electronic reader board Si ns eXCe t roved ti a and tem eratpre infornriati signs Comment[b35]-\ow'in.r--coon. .: .1 g.. ,: p approved m p pn .gn _._. and barber poles F51.1 I i i'V, •-ustnhined with other --------........_............ ...................................................................... - prohibue8 stgtt Faas:Cage fot cFartly _S (5) flluminated orflashing lights. No sign shall display any moving parts,be illuminated.with any flashing or.intermittentlights or shalt be animated,except time and temperature information. All displays shall be shielded to prevent any light to be directed at oncoming traffic in the brilliance as to impair the vision of any driver. No device shall be illuminated in a manner as to interfere with or obscure an official traffic sin, or comment M).' ow':n s c—m F signal. This includes indoor signs that are v isible front public streets s L 1;cti)+ combined with otlset j - - .. .:. .. - .. �prroltihitui�ra lanu::�a tat clarti; ment o) S oo-f signs.--...._._.. - Com `[h3 . 7]:Nowinsect'-Ot i (7} .:Bannen; pennants,ribbons,steamers. No sign which contains or consists of banners,pennants,ribbons,streamers,string of.liON bulbs,spinners,or similar _.. devices,except where used.far nan-commercial purposes or part of an:approved sign comment[b38]:Nmv in se41ion r I '{8) . Portable signs. Including but not limited to signs with wheels removed, attached temporarily or-permanently to the.ground,structure or other signs,mounted on a vehicle for:advertising purposes,parked and visible from the public right-of-way,except signs identifying the related business when the vehicle is being used on the normal day- to-day operations of that business,hot air or gas .filled balloons or setnitruck umbrellas I comment[b39]:Now insecdon used for advertising..- ``'-U V t"%6'r.r.III Ifr1.1 ti:'."VUM"11: ® (9) Build' wall;g. Signs painted&rectjy On building walls unless approved, Comment[W]:Rephiced with • eclion 15 1.117(P)(22)--edited w reqtiire i a sign pprinit ainy ovet'nutral"%igns pv--.ifei sc-Tu (10) Illuminated signs orspotlights. illuminated V 002M Commentfb4l]:MAA;in I inated signs or spotlight-,giving . i 15 1.11-1(N)(4)--combined with Aier i intermittent or rotating beam existing&,,a collection or concentration,P.,f rays of light.: I ............... prehibtM sign lanpa"for clarity 1 d 0 hevo lying bea n Comment[b421*Noa in�ectim .s,b m. e IS 1.1!7(N)(4}--combirwd wiih otber Co. ea ,. ks,or sim.lar devices. Prohibited Sign 1"Inguagc 1"11,claril, Comment[b43j:Vw ins�crior, Signs supported by a gt.(y wire.: 151.11 N(Qp f Comment[b44]:R-place V.711:1 03). Graphic design signs without condi nal Use perm t.do . 4 use j ;i : 7,(PjQ............................................ WC11011)5 1.I I I ired.w require Billboards.-. • nt[b45]:Now k-ectior .... ....... ........................................................ I I Comment T�N (199"Code,§ 535.06) rhe table in I Comment fb46]. 14;1.1 118(fL ideniffic,allowable 5i.hi MTED SIGNS. d 1,11� ONIWG DISITUCT. types by zoning,disvnil ... ... ..... (A) (l) profes-sional name plate1vafl signs,not exceeding,2 square feet.in area; (Based oil content-removed) (2) Memorial signs oriAteis,*names of buildings, dings,and I the date of erection when cut into a masonry surface or when coqsTructedo f bronze 9 incombustible b le Comment["7]:No', u scctcw material, (3 Political signs as regulated in§§ 151.115 etseq.-(Based an content- removed) (4) Individual properry sale, lease,or rental,as regulated in§§ 151.115 et seq.; (Based.on eontent-removed) (5) -removed) I,6) Bulletin boards or public information signs riot over 32 square e feet locate only on tile premises Of public,Charitable,or religious institunon%.(Based on content- removed) 1 (B) Permitted signs ley a sign permit in the"Old t*ge,,(S.?Uo of,State# ghw(4: comment Td 5)iiz the General Business(G#)Zon(ig Distract.! .......... 17,)OSTMG Lake E.-bna Ik 0 Code (1) Nulinber. One wall, and cwi.opy or 3-dimensional si-PI is allow per business. When a building gor business abuts 2-or more public strects,am addidonal sign located on each stuTt building face is allowed.(eliminated in fa'%.:or of general total signage and location requirements) (1) Sign plan. When there is more than I business or use in a building with more Comment jb49j:Ng;µ inseclima lil.J-17(;.i Which eo'll'ailu"s"Ili exisling 4b:building sign plan shall be provided with t than 1 sigr� Op sign perMi application laugLutga requiring a 111aster Sip program, 1"1 Other-requireinents. See area, location,,and heigyht requirements belo.w for k-, type of'sign selected. (4) W zfl signs, (a) Area. The total building signage;ball have an aggregate area not exceeding 0.75 square foot for each foot of the building face parallel or substantially parallel io a street or lot line.(elinijitated in favor of general total.signage and location requirements) A wall sign,shallnot M pre 6 inches trqM�6e wall I pasieral sign Itandards innew.s='Itiov to which the sign is to be affixed.. ............. Height. A wall sign A shall not project higher than.the parapet line v.(.*-,the . wall to which the sign is to be affixed or 15 feet as measured frof.n;he base of the comment 1b5l):Now in section building wall to which the sign is affixed,whichever is IoWer.. 151APOSIM(c)(11 • 1 q 1 11 71S)f fi(b)--edited fbr.Aadry-to :J (d)'. &erna.14,ilhaninated.siggs. signs are allowed. reverse lit letters. �e) Special conditions. Where a principal building is devoted.to 2 or more pen-nitied uses,the operator of each use may install a wall sign for their particular use,a ........ f sign pop must be submittedfor the entire building.� 'The ,,otal otrps< Si for 11-entire re Comment[b53]:Nk)w' in,elionl �'eet ibr each foot ofeie�uildino face paraltei,01 au ikling slit a� not exceedir 0.75 square laaguage requiring a tnimcl "'n P-agrxi,j -allef to a street lot line(chminated in favor ofgk,ne�'� -Toud sig substantially 13m na g c C afe feet per bu.SISs. and location requirex R.maximum of 20 sqq - (5). Freestanift signs. A al type�t etp4j."Ag signs shall. not exceed.3Q.. Comment[b553.Nom in salk'm. Area. The area of pedist I 15 1.1176 Vl)i 00 square feet. ......... Location. A pedestal sign shall be located in any required yard but shall ay have a setback of 15 feet from ally point of vehicular access,pubbc road-A, prproperty Comment[Wj.1.1,'ow handlee b�the ge.itcn.[city simdjrds for sips setbacks LLinnew sectim'151,118(A; (c) Height. A pedestal sign shall notproject higher than 6 feet,as Te*Wed comment[b57l'NnVciIt.WCAToP ,from the base of the sign or gr#4epf the nearest roadway,whichever is lower. .9_09 Re 12 ha.� Ehw.�Siton '16"'ade, comment N581:\ow 15 1.111 c1l)--vdind it)requin 'qn4.y:cqpijjg. the area around a monument sign shall be pds.capod, lands��pmg around all Sipis if,0 L ..9 a exist in coMpbaDU Witil tbc cit'I S exiSV1116 landscapiq coks. (e) Lighting- Externally Illuminated or letters are 46we. ....att .4;no:. _jj;;""591-\ow lfi.icd in now f internally illuminated signs are allowed., (6) Awning a?,z+4 cq,70pv signs. :(a) TAe gross surface of an awning or canopy sign shall not exceed 30%of the gross surface area.of the smallest face of the awning or canopy of which the sign is to Comment Jb60J;',o-,vw the table be affixed. I_.._-........_---- The awning or canopy signsiiaii not project higher than the to of • Comment qWTUM Or canopy or below the awning or c0nqPY.,... ....... (7) Pvq1ecdn1-,signs. .. u ++ , total area of projectinsi n.shall, scare TZ;mmentb62]-\ov ii,fh,) ,1Av ection ig M)Q (b) n s"ej levet and easily visi*from nvvt Jb631.Nowmi st%lion _g All projeciii. signs shall 6e f9cmed qiR 151,117(1')(31(i)as a genaai ig... + + the sidewalk.: standard Comment ,) +ff lighted ectip si s gh lI e externall y un ingted.. .. 111 i(3 o , i . .9p 15113.71 (C) S4gns pern7.irtedin the 114,rhvvay,Business, Limir,,.ul Business, General Busima•s, and.Si4siness Park Zoning Districts. All conrlmerci'al office arld industrial sigils In C_ HiOmwav Business,Limited B siness..General Business,and Business Park Zoning District-,,require a sign.pen.-nit. Signs. (a) Area. The gross surface area of await sigil shall not exceed 0.75ware feet Iforeach foot of building.. parallel to the front lot line. (eliminated in favor of general total signagre and loention requirements) Location. A wall-sign shall be located on the outermost wall of any principal building but shall not project more than 16 inches from the wall to:which toe sign s be .gn.isto�eaffixeo-. T all we -.i., shall... subiectto ment[MSJ.Now inu�. civi. ----------- --------------- the,review and apl).roval ofthe City Planner.(removed—too vague) (c) Height. A wall sign shall not project higher than the parapet line of the —7� wall to which the sign is to be affixed or 20 feet as measured from base of the "(11y,11(6i--edited toehittitme I building wall,to which the signis affixed,which [tic 20 foot height mwainwil 111 V01'a Whichever is lower.: fa f I liw n.,14"l 1s:w,1,;r,mlnuxri OW". OfilIM R t,--v v 13 LWC411".6110 Si Code d) 5t7< rE;i c:nrt;';':'inr;,e. !Where a principal building is devoted to 2 or more uses,the operator of each use may install a wall sign upon his/her proportionate share of the building wall to which the sign is affixed. A sin an must be submitted for the Comment[b68]:Now in se4-ricw, entire building l5 i.t{_G� containing the following information:: _ Comment(b67]: ov.itt fCfiUCt !;}.11?!,(}{�?1 editcd3'us-daeit�. 1. The total Boss signa=.e for the etitire buddirt,shall not exceed 1 square foot fbr :ach loot of building face parallel,or substantially parallel,to a street lot line _ iei""in'rirt ri'E'Cl in favor€aly« irei"a:rc;rl i4rgrtiiges and]rseati.oii.rettturements)or:,a Comment(b0l:Noe;inscrno, . E maximum;of 25 square feet per business;; _.._..... _........ Comment[b7p]:��ou,n seViOn 2. he location,st .es,types,and'elevations of ail signs;and ........................ �.. Commen# 7i]:Now in section E 3. Ailsi , s14a�t'bevisitall. cansistenri location desa. i gri Y „ .0 s . ,and scafe. �__.. (2) reestand#ng sigtas. (a) ::`'The grass surface area of a ground sign shall not exceed 30 square fee t for Comment{b72]:xnw it:se^.iion ;each exposed:face nor exceed an aggregate gross surface area of¢0 square feet ........_ . . . Comment ]'Nc kN in sC'aion (b): A ground sign tray be set back 15 feet from front or side property Mites.: _ _._.._.. (c) :.'.A ground sign shall not.project higher than b feet,.as treasured frPm base commenE fb7�t]o ca,, t i;:t,rf 'f sign - ,. ! new de Finh7(H7{ilr ygr ullfl o g :or gxade of the nearest adiacent xoadway,ur}iichever is lower.: id) "l iere shall be i freestanding sign per develovaient site. (removed--- unnecessary for ALL businesses to have aground,ound,m.rrnriment.,or pole sign.) ! .0) multi-tenant Master Sign Program. A building Master.Sign Program.shalt be required(for multi-tenant commercial buildings)besides the individual tenant and occupant signs. A building master identification sign may be permitted according t0 f11E Comment(675]'s Vaµ i7 ss,.Eian 3 — --- followiilg t�quirements. t!s{.1.L{f; edited forcfargt —� Buildin master..identificat on si ns shall not contain the names o my (a).: g g. - -. ... .. Comment jb76]:No.:*in stwtion I •' .S L,i F?;J k i'y-•edited for charity ' tenants or occupants of the center; �.._ _.... {.b) If the muhi-tenant commercial building has a floor area of 40,600 square feet or less,the building may have a freestanding sign with a maximum of 1 square foot Comment(b77]'Now in section of sign for each 5 feet of bpil;ding frontage or 40 square feet maximum in height of 8 feet. - - — ----� j (c) if a.multiple tenant commercial building has a floor area greater than 40,000 square feet,but less than 1.00,000 square feet,the center may have a master identification sign with a maximum of 75 square feet on each side and with a rrtaxitrtiun. Comment FM]:tines in sect on height of 9 feet- -. 14 r 5.: .�3.I<Fr 'L?'£fe<'E-Fkf(a i.=w-lr'C'ih.m..Y��sf� ...,.......�..,.....,...,..,......W:....,.�._..::..,e.<...v..,....�..y..,.....—...w.,..:®.....M�..W.—.,.....�.,,.....�,... .,,.,,,.... .,.w.K....°._:. (d) if a multiple tenant commercial building has a floor area of greater than 100,000 square feet,the center may have a master identification sign with a,maxi l i I;nt t 15l I area of 120,square feet on each side and a maximum height of 1.5.feet.: --- (1997 Code,§ 535.07i Lenalty:Is 1f;-99 J. 2 11EC'TORs. :,(A) fienerally. Directory signs are used to guide.pedestrians to individual businesses within a multiple tenant commercial area and are permitted° {0) ,ic' Cemerst- t1) Sign.must be place**-on the srte of the.development. 2( j :;'Sign shall'tie erected;Qnly xn internal pedestrian access areas an,'riot in vehicle access areas. Pr,►p4(3,) lrectory signs area to lCe used for the u„ 'se o direction and identtcatiop gn1y• (4) birectory signs may ire fieestanA i lint sbalI not exceed 4 feet in height. ::(Q AreaA directory sign may have.maximum area of 1:sgtfare faat for each bps' ess listed on the sign and 4 square feet forte name of the .building or complex. {_� ,,_,,,, _ 41 section 1.5 1,1170 J140 :ode,§535.0,8j., Penaltv.see L`10 99 § B1.123 ALTOIN1 1319E SEitVICIEe STATION BEGS, ( 'his section and all subsec-tions were r€rnuved.'because they are content specific) (: } Automobile.service stations are allowed. I wall sign« C 1 L;1'C.aL nd s�_M sL�biect to the iollowvtng conditions. (13) (1) W all s'iorns. `l:'liere shall be no more than 1. wall sign per building face with a maximum sign area of 0.75 square feet for each)ideal foot of building frontage. (2) Freestanding signs, Th,Te shall be no more than 1. free.standin' sign for each pr41cipal.building. A freestan&Ag sign shall be set back 1.5 feet frain the front and side property line. �fr esuxrzdirtg sigh shall not lfr,)i ct 1 igher thin 6 feet as'rnea.s€1'c°eCi frctrr Lyrade or contain niore than 30 square feet of siwnage. (3) Service laav and island identi{eativn signs-. Se-rvice bay and island. identification sir,rrs are.Ix-matted.piroviding direction or instructions to Pe sons using the facilitv,but shall contain no advertising material of ally kind. (1997 Code,§535.09) 1:'ctaalra�se�]i.9�? EX-7S`-R*ArG Lap';,P Dino si�gn .......... 1.51.-04 VA I'd CE 9* .(A) -.-.Variances. The Planning Commission shal.1 hear requests for a variance to the literal provisions of§§ 151.115 et seq. in instances where the strict enforcement would cause an-undue hardship because of circumstances unique to the individual property un..0er consideration n and to gMit the variance only when it is demonstrated that: There are extraordinary circumstances that apply to this property which not generally apply to.:o.ther.properti*es in the same zone..These circumstances may include the narrowness,shallowness,shape,And topography of the parcel of land or setback from right-of-way; t . - �) :Th e The literal inter . pretaiion of the provisions of the sign ordinance deprive-,th*e applicantrights commonly e4jqyed.E y other properties in the same district under the terms qtthse sign ordinance; .(3j The special circumstances are not the result ot fl:k* applicant: result. . ......... Thegranting of the variances requested do not confer on.the applicant a speci al privilege that i s denied by§§ 151.115 et seq.to owners of other lands,.structures, and.bpildin.-in the same district, The variances requested are the migipi variances,w#4 would.alleviate qm van the hardship; (6) . :n. c variance:requested would not 6e rxfaf t 9 flt e pur poses ordinance;and/or of the sign material'&trime .- (7) T9 design of the sign.or signs are as io#6ws: (a) Compatible with the character otai ad and widi the I I*j in character of the a.:djacent neighborhood; #1 visual relationsb'Nave good scale and proportiOP .1p P v to bii[lclings and adjacent areas; (c) The maienai,size,color,lettering, location,and arrange6pni of the sigrk(s)is an integral part of the site and building design;and/or ::(d) The colors,materials,and lighiinj O N4"e s. ign(s)are restrainO and, harmonious,as interpreted by t4p City Planner. .0 Applicafion. An application.for a variance to§§ 151.11 5 et seq. sltaFl`.lie processed according to the zoning code. C=nmerrt jbSI]-Now is Sectior; 11.907 Code,§ 535.10.) 19-09 e.( wn 16 a.y'F: s tFGt£' ctipn 115 .125 SUBST ''lU' IOI CLAUSE. The owner of any sign which is otherwise allowed by this sign ordinance may substitute.non-commercial speech signs in lieu of any other commercial speech sign or other non-commercial speech sign.The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech,or favoring of any particular non-commercial speech over any other.non-commercial speech.This provision prevails over any more specific provision tP the contrary. - _- comment ta821:0(iW in rt.:io„ e Oon 151.126 _SEVER:4,BILITY. If any section,subsection,sentence,clause,or phrase in sections 151.115 through 151.125 are for any reason held to be invalid,such decision shall not affect the validity of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section,subsection,, sentence,or phrase thereof.,irrespective of the fact that any one or more sections, subsections,sentences,clauses,or-phrases be declared invalid: comment tnssl:�ow'in secuorz ...... "-14J"ManrtiFrcr~;'0 1 o:�;c>r;.ri.Oe..,_.��, ,a.......,....,w.M..,,.. ,..�:.m,�.........m..-,.,._.,....�..... �.,.,,.,..,....,,,,:,........,,�:.�17: CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE REPEALING EXISTING SIGN CODE REGULATIONS AND ADOPTING NEW REGULATIONS TO GOVERN SIGNS IN ALL ZONING DISTRICTS IN THE CITY OF LAKE ELMO SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions,by amending section 1.1.01. Definitions to eliminate existing definitions as follows: r sue � � s b ) . , eemi:nadity, serviee, e. iiel sold or-offered open the pFefnises,whefe the sign is f Off- pfemisesag signs b ) civ_s;..,, .•1nv...,,4.-.F'., sign itself L..st..at-;v.i.l..r1;v..... ....t;r... n4...,..t,.«.e., S-1GA;,4144NVNG Any sign tha4 is painted R#aehed to a*a--A, either-with fif�affie 5 or-afnamefttMiefis applied te ) 7 ) I D b Sl"BVILDIALG SIGN . An illestfation that S14ewsb b' f t,—d 1.,,;1,1;,, c�-cx-ccc biiilding5- r Sign Code Revision Penrtirag Commission., -9-09 . SIG*, lnr EC a n -C 4-L. :lk,.. 41.,tea H WE)fl .,kieb the a.tiFieial light : et kept b lor- .,t all times while the =v.v. u_ ___.. _______ .._____ ___� _tea«is i.. a.._. b 3fGAT g ,..k:e design doll be is ea �-the ptwpese fthis eede. b'•'Y""'"v.,�� vxxuxx vv vvxxvxasvivu u.-�i`r�irzvi uprights, r , , _ - eete d4d� it ill, .,tea C e �t u ..��upon , SIGGA r e glffs�l SIGN-f MOBILE . SIGAL f bn whieh f v ) ef gives .s of the business, ifidu4f:y-, or-e ,mot e f the .ite and is aff e ea to the buildingsite,or- .�. ......�.,�.i,.."..xx.v+ uav vxxv uuu au c.cxuvnw by th - b L`+n w4ieli , > reE Edits to existing sections 151.115 through 151.126 pg 2 :>on Gode Revisions Piu€7nir—,,C {',L%tm.mi. sjo '344-09 SIGAr J ` > > .. ' dam the ground. duration of time that the tise or-060upant is 180 eil the pr-ermi—.. ✓ signo iied to be moved. S-IGAL, n°rOJEC 'cAIG wall, A � si t' . r- u b b SIGN- Dlrnr IG UTI ITv .1,.;,.1.. ide f;fs r..,,t.i;e•.t;i;+;�� Signs � &fG 7 or �v.�^„„ ease, F-ent. SIGN-, REAL-ESTATE DEVELOPAMAIT-i A sip b J b anits E)r-lets. Real es shall be administered as pemm ---signs sebjeet etitliiied4n-ee4e, VOL Signs 7 1 ar rsSIGHT 7 l Gays out Of afl- 12 HAW-Hilk kecic—r�v;o b N it fee is eqt a7 r� , of 1, er-.-,ff;res ( +—e t=•ter group x S-IGAL 9 f J J , ' "fPOR4RY-. Any sign inteRded fef display ever a shei4 period of time. 1 f f t1, sign eii a 1 parallelto the plane .f the al Z1 4 Edits to existing sections 151.115 through 151.126 Pg 3 &'a1 C''od Revisions Fl,:thing r%ii777r''JSSi0i ' '?--C_<j f sell ugiivultmufax, 1 fccA'r[C n"ir 1TvA ac+ o' glass glass. 111 la.-and • Any let4ef-, ) 7 ) 7 ) dveFfisefaew . , ) message, ervisiaal eeAien, whether- 7 posted,printed, > whieh is displayed fe SECTION?. The City Council of the Cite of Lake Elmo hereby amends Title 1: General Provisions; Chapter 11: General Code Provisions,by amending section 11.01 Definitions to add the following definitions in alphabetical order with the already existing definitions: ANIMATION. The movement or the optical illusion of movement of any part a sign, sign structure, design,or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a street sign. AWNING. A shelter supported entirely from the exterior wall of a building. CANOPY A detachable,rooflike cover, supported from the ground or deck, floor or walls of a structure, for protection from the sun or weather. COMMERCIAL SPEECH. Speech or graphics advertising a business, profession, commodity, service or entertainment. MULTI-TENANT BUILDING. A grouping of two or more business establishments that either share common parking on the lot where they are located, or that occupy a single structure or separate structures that are physically or functionally related or attached. NON-COMMERCIAL SPEECH. A sign that contains a non-commercial.message. Examples of non-commercial messages include,but are not limited to,messages concerning political,religious, social,ideological,public service and informational topics. UNIFIED RESIDENTIAL AREA. A residential grouping of lots that share a plat name over one or more additions. Edits to existing sections 151,115 through 151.126 pg 4 Planning Cor imissior<3-9-.0'9 SIGN,ABANDONED. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one(1) year or more,or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one(1)year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign. SIGN,AKNING. A sign or graphic printed on or in some fashion attached directly to the awning material. SIGN,BANNER. A temporary sign typically made of cloth,plastic or vinyl materials. Banner signs shall not be used as permanent signage. SIGN,BILLBOARD. A sign structure with a surface area over one hundred (100) square feet per surface that identifies or communicates a commercial or non-commercial message. SIGN,BUSINESS VEHICLE IDENTIFICATION. A sign that is permanently mounted or otherwise permanently affixed to a vehicle, trailer,or semitrailer which identifies the business, products, or services with which the vehicle,trailer, or semitrailer is related. For purposes of this definition,magnetic and adhesive signs shall be considered as being permanently affixed. This definition shall also include non-permanently affixed signs that do not exceed 32 square feet erected in concert with a legally operating wayside stand. Bumper stickers and similarly sized adhesive decals shall not be considered business vehicle identification signs. SIGN, CANOPY. A sign that is mounted,painted, or otherwise applied on or attached to a freestanding canopy or structural protective cover over an outdoor service area. An awning or a marquee is not a canopy. SIGN, CHANGEABLE COPY. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature. SIGN,DIRECTIONAL. An on-site sign for the purpose of making specific locations known and to assist in finding these locations (e.g. "Parking," "Shipping Receiving Area"). SIGN,ELECTRONIC VARIABLE MESSAGE. Signs whose message are changed at reasonable intervals by electronic process or remote control and whose movement is the periodic changing of information against a solid, colorless background, engineered for maximum legibility and readability, and having a constant light level and glare reduced screens. This definition does not include static time and temperature displays which only change when necessary for accuracy. Edits to existing sections 151.115 through 151.126 Pg 5 Planning g 'tvlsse -: � i9 rrr7 rr1 s c�:...._.,:..,,. u- - y SIGN, FLAG. Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole,so as to allow movement of the material by atmospheric changes and which contains distinctive colors,patterns, symbols,emblems,insignia,or other symbolic devices. SIGN,FREESTANDING. A sign that is attached to, erected on,or supported by some structure(such as a pole,mast, frame,or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. Monument,pole, and ground signs are all freestanding signs. SIGN, GOVERNMENTAL. A.sign erected and maintained by or on behalf of the United States, the state, the county, or the city for the purpose of regulating traffic or for other civic purposes; the size, location, and height of which is dictated by the applicable agency to fulfill the intended civic purpose. SIGN, GROUND. Any freestanding sign with its sign face mounted on the ground or mounted on a rase at least as wide as the sign and which has a total height not exceeding six(6) feet. SIGN,HISTORIC. An existing sign which has a special historical,architectural,cultural,or aesthetic value to the community. SIGN,ILLUMINATED. Any sign which contains an element designed to emanate artificial light directly or indirectly. SIGN ILLUMINATION,BACKLIT. A direct source of light which illuminates a sign by shining through a translucent surface of a sign, including plastic signs,lit from an internal light source. SIGN ILLUMINATION,DIRECT. A sign whose light source is either located in the interior of the sign so that the rays go through the face of the sign,or which is attached to the face of the sign and is perceived as a design element of the sign. SIGNILLUMINATION,EXTERNAL. Illumination of a sign that is affected by an artificial source of light not contained within thee sign itself. SIGN I.L.LLUMINATION, INDIRECT. A sign whose light source is external to the sign and which casts its light onto the sign from some distance. SIGNILLUMINATION,REVERSE LIT. A direct source of light which illuminates a sign by shining off an opaque surface of a sign thereby casting the light off the wall behind the sign creating a.halo effect. SIGN,MONUMENT. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding six(6) feet. Edits to existing sections 151.115 through 151.126 Pg 6 i ng vornrnission,, 34-09 SIGN,MURAL. Any mural or pictorial scene painted on a wail or building or painted on a sign board affixed to a wall, and in which mural or scene has as its purpose an artistic effect. SIGN, OFF PREMISE A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. A sign located within an easement or other appurtenance to a lot on which a business is located shall be deemed an off-premises sign. SIGN,PERMANENT. A sign constructed of durable materials designed to exist for the duration of time that the use or occupant is located on the premises. SIGN,POLE. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open SIGN,PORTABLE. A sign not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building. SIGN,PROJECTING. A sign attached to and projecting out from a building face or wall, generally at a right angle. SIGN,ROOF, Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure,and extending vertically above the highest portion of the roof. SIGN. Any letter, word or symbol, device,poster,picture, statue,reading matter or representation in the nature of an advertisement, announcement, message, or visual communication,whether painted,posted, printed,affixed or constructed, which is displayed for informational or communicative purposes and is visible to the general public. SIGN,REAL ESTATE DEVELOPMENT. A sign offering for sale, lease,or rent a single- family or multiple-family residential project of 10 or more dwelling units or lots. Real estate development signs shall be administered as permanent signs subject to all removal requirements outlined in code. SIGN,AGRICULTURAL SALES. A sign placed on a lot or parcel of land advertising an operating and permissible agricultural sales business. Off-premises agricultural sales signs shall be administered as temporary signs subject to all removal requirements outlined in code. SIGN,SNIPE. An off premises sign that is tacked, nailed,posted,pasted, glued, or otherwise attached to trees,poles, stakes, fences,or to other object SIGN, TEMPORARY. Any sign intended for display over a short period of time. SIGN, WALL. A sign attached to or erected against the wall of a building with the exposed face of the sign on a plane parallel to the plane of the wall, and which displays only one(1) sign surface. Edits to existing sections 151.115 through 151.126 pg 7 tanrrrgCorrt;~rfiswi,:,; 9-0.: SIGN, WARNING. A sign located on private property posting such property for warning or prohibitions on trespassing, hunting, or other activity. SIGN, WINDOW. Any building sign, pictures, symbol,or combination thereof, designed to communicate information about an activity,business,commodity, event, sale, or service,that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 151: Building Regulations, by repealing city code sections 151.115 through 151.126 in their entirety. SECTION 4. The City Council of the City of Lake Elmo hereby amends Chapter 151 to add the following language: 151.115 PURPOSE (A) Purpose and Findings. (1) Purpose. (a) The Lake Elmo Sign Regulations are 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 business community's need for effective communication and identification. It is not the purpose or intent of these regulations to favor commercial messages or speech over non-commercial messages or speech or to discriminate between types of non-commercial speech or the viewpoints represented therein. It is the intent of these regulations to promote the health, safety, general welfare, and desirable rural community image through the regulation of signs with the following objectives in mind: a. Signs shall demonstrate a high standard of aesthetic character and encourage the use of monument and individual letter-style signs; b. Permit large enough copy/graphic area to effectively convey the intended message but not so large as to unduly distract the reader and insist on lettering large enough to be easily read to encourage simple, uncluttered messages; c. Signs shall be proportioned to the size of, and architecturally compatible with,the structures and other signs on the premises; d. Permanent signs shall only advertise on-premise businesses, services, facilities,etc; Edits to existing sections 151.115 through 151.126 pg 8 Cam'"/ Y? r �+T,.a r�uwf.-.,-•v'^ 911 'i.tin�ryry (' yn ,;c`..-•t,•fGPl: !t{ C :Jltit :s :IS_7:i J ji e. Allow temporary business signs for grand openings and occasional sales events; allow temporary signs to advise the public of the seasonal sale of agricultural and horticultural products in. keeping with the City's rural image; and to allow temporary directional signs permitting the public to more easily locate land conservation developments which enhances the City's rural image, without creating continuous visual clutter or traffic hazards along streets or at intersections; and f. Signs shall be properly maintained. g. Signs that distract drivers, cyclists and pedestrians shall not be permitted. Studies conducted by public and private agencies have identified that dynamic signs, including multi-vision signs, electronic signs and video displays can be highly distracting to drivers,pedestrians, and cyclists and that distraction is a significant underlying cause of traffic accidents. With respect to electronic signs, including video display signs, the City finds that they are highly visible from long distances and at very wide viewing angles both day and night and are designed to catch the eye of persons in their vicinity and hold it for extended periods of time. If left uncontrolled, electronic signs, including video display signs, constitute a. serious traffic safety threat. Studies conducted by the Federal Highway Administration (FHWA), Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, Sept. 11, 2001, and The Role of Driver Inattention in Crashes: New Statistics from 1995; the University of North Carolina Highway Safety Research Center, Distractions in Everyday Driving, May 2003 and The Role of Driver Distraction in Traffic Crashes, May 2001; the Wisconsin Department of Transportation, Synthesis Report of Electronic Billboards and Highway Safety, June 10, 2003; the Municipal Research and. Services Center of Washington, Sign Control Provisions, Jan. 2006; the Veridan Group, Video Signs in Seattle, Gerald Wachtel, May 2001,reveal that electronic signs are highly distracting to drivers and that driver distraction continues to be a significant underlying cause of traffic accidents. (2) Findings. The City of Lake Elmo hereby finds that regulation of the construction type, location, size, and maintenance of signs is necessary to accomplish the above referenced objectives,because: (a) The presence of permanent and temporary signage affects the rural image of the City of Lake Elmo; (b) Properly regulated signage can create an atmosphere of prosperity, stimulate commercial activity, and consequently, lead to increased employment and a healthier tax base; Edits to existing sections 151.115 through 151.126 pg 9 i' 'r` ! 'BsJf. ;o=;y (c) The safety of motorists, cyclists, and pedestrians can be threatened by signage that interferes with necessary sight-distances and/or unduly diverts the attention of such persons. (d) Signs that are too bright, overly illuminated, flash, blink, scroll, twirl, change messages or color, or imitate movement,including video displays, can distract drivers,cyclists and pedestrians and impact traffic safety. (B) Severability. if any section, subsection, sentence,clause,or phrase in sections 151.115 through 151.119 are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses,or phrases be declared invalid. 151.116 ADMINISTRATION AND ENFORCEMENT (A) Permit Required. No sign shall be erected, altered,reconstructed,maintained or moved in the city without first securing a permit from the city. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. (1) Permanent Signs. To apply for a permanent sign permit, a complete application shall be submitted to the City containing the following: (a) Names and addresses of the applicant,owners of the sign, and lot; (b) The address at which the sign(s)are to be erected; (c) The legal description of the property on which the sign(s) are to be erected and the street on which they are to front; (d) A complete set of scaled plans showing the sign dimensions, area,height, ground elevations, applicable setbacks, and other details to fully and clearly represent the safe construction and placement of the proposed sign(s); (e) Type of sign(s)being requested(i.e. wall sign,monument sign, etc.); (f) The permit fee; and (g) The following if applicable: L Written authorization from the property owner upon who's land the sign is to be erected. ii. A permit from either MnDOT or Washington County if the proposed sign is along a state highway or county road. iii. A sign plan showing signs for all businesses if the sign is located on a building with more than one business. Edits to existing sections 151.115 through 151.126 pg 10 :'fiat? Code Revisiors n a iv. Photographs of the building face and the building faces of both adjacent buildings if the sign is being placed on an existing structure. v. If replacing a historical sign, pictorial proof or other information that the sign is of historical significance or is a reproduction of a historic sign. (2) Temporary Signs. To apply for a permit to allow a temporary sign, a complete application shall be submitted to the City containing the following: (a) Names and addresses of the applicant,owners of the sign, and lot; (b) The address at which the sign(s) are to be erected; (c) A generalized plan set showing the sign dimensions and height, and a notation of the materials to be used. (d) A scaled site plan which clearly represents the placement of the proposed sign(s)on the applicable property; (e) The proposed timeframe(s)over which the sign(s) will be posted; (f) The permit fee; and (g) The following if applicable: i. Written authorization from the property owner upon who's land the sign is to be erected. ii. A permit from either MnDOT or Washington County if the proposed sign is along a.state highway or county road. (3) Temporary Sign Renewal. A temporary sign permit issued by the City may be renewed provided the sign design, size, location, or other previously approved details are not proposed to change. A.sign renewal application shall include the following: (a) frames and addresses of the applicant,owners of the sign, and lot; (b) The address at which the sign(s) are to be erected; (c) The date of issuance of the permit being renewed; (d) The proposed timeframe(s)over which the sign(s)will be posted; (e) Written authorization from the property owner upon who's land the sign is to be erected(if applicable); and (f) The permit renewal fee. (4) Review. The planning department shall approve or deny complete sign permit applications upon receipt of a.complete application. If the permit is denied, the planning department will send a written notice of denial to the applicant. The written notice will indicate the reason(s) for denial and a description of the applicant's appeal rights. Edits to existing sections 151.115 through 151.126 pg 11 WJ gn, Code Revisions ._.,� i~7:..1SY ..O i-nis..ion: 3-9-y-:�.:f (B) Exemptions. The following signs shall not require a permit. However, these exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this ordinance or any other law or ordinance regulating signs. (1) The changing of the display surface on a previously approved sign. (2) Signs six (6) square feet or less in size,per surface if double sided. (3) Window Signage that does not cover more than 1/3 of the total area of the window in which the sign is displayed (4) Governmental Signage. (C) Fees. The fee for a sign permit is established yearly in the City's adopted fee schedule as indicated in section 11.02. (D) Computations. Figure 9: Sign Area (1) Sign Area Measurement. Measurement 1,777 The area of a sign shall be computed by : means of the smallest rectangle within i r, _ which a single sign face can be enclosed. =�_. .. ..... When a sign has two back-to-back sign faces containingsign co the sign 1, i g copy, gn area far s both faces are counted toward the total r:. allowed sign area. Poles, bases, and other „+- supports shall not be included in the sign , t.. area calculation. 1 1 yCIRCLEti z L ODD is Edits to existing sections 151.115 through 151.126 pg 12 �"°"r' t?C,�t?l4s'3Vf.ylf df'1u i"�ia!".ri?IJ�' -riii'7't1;ST•.'.1f?; v^7-:�_ t7 (2) Sign Height Measurement The height of the sign shall be computed as the vertical distance measured from the average grade at the base of the sign to the top of the highest attached component of the sign. Figure 2: Sign Height Measurement 1 Height o'feign fron-) ay ra.ae ,�,.v reit 'oin't �x p %tVA—rage agrade (3) Total Sign Area Calculation The total square footage of all sign surfaces shall be computed by adding together the sign areas of all signs on a property. F { i. "yet Pole Sign Arc i � ttj i�reArea `. £ ry u V. 'I'OT1kti..SIGN NREA Figure 3: Total Sign Area Measurement Example Edits to existing sections 151.115 through 151.126 Pg 13 ;'0.YP'Prf7+SS-'fir: - ^Ja (E) Construction,Maintenance and Repairs. (1) The construction of all signs, unless otherwise stated herein, shall be in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, 1997 Edition, as may be amended,which is hereby adopted by reference and made a part of this ordinance. (2) All signs and structures shall be properly maintained and shall be constructed of sufficiently permanent material so that they shall not succumb to deterioration from weathering. (3) Any existing sign or sign structure which is rotted, unsafe,deteriorated, defaced, or otherwise altered, shall be repainted,repaired, replaced,or removed if repair is not feasible. Sign maintenance shall be the responsibility of the underlying fee owner. (F) Abatement. If the City finds that any sign has been erected without the necessary approvals or any sign is being maintained in violation of any zoning provision, the City may give written notice of such violation to the installer of said sign; to the permit holder; and/or to the owner, lessee or manager of said property. If after receiving said notice such person fails to remove or alter said sign so as to comply with the provisions of the zoning ordinance,the sign shall be deemed to be a nuisance and may be abated by the City wider Minnesota Statutes, Chapter 429. The cost of such abatement, including administrative expenses and reasonable attorneys' fees, may be levied as a special assessment against the property upon which the sign is located. 151.117 GENERAL STANDARDS (A) Abandoned Signs Abandoned signs shall be removed. (B) Building identification. (1) A building address,date of construction, commemorative tablet, etc; shall not count towards the overall permitted signage on a building or parcel. All forms of building identification, except for the building address, shall be cut into a masonry surface or be constructed of bronze or other incombustible material. (2) Posting of a building address identifying the correct property number as assigned by the City shall be required on each principal building in all districts. The number shall be at least three(3) inches in height,but no larger than twelve (12) inches in height. (C) Building Official Review. No sign shall be attached to or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the City Building Official. Edits to existing sections 151.115 through 151,126 pg 14 (D) Changeable Copy Signs. A changeable copy sign, such as a reader board,may be integrated into an allowable sign subject to the following restrictions: (1) The message conveyed by the sign face shall not blink, flash, scroll or be so animated as to be deemed a distraction to passing motorists; (2) Copy on the sign shall not change more than once per day on average(except for time,temperature, and price information which must change when necessary for accuracy); (3) Characters and backgrounds depicted on a changeable copy sign shall not use florescent coloring. (4) All changeable copy sign faces shall be limited to a maximum of 25 square feet in sign area, or the maximum size of the type of sign on which the face is placed, whichever is less. (E) Flags. No more than 3 flags may be displayed on any given parcel. Individual flags shall not exceed one-hundred(100) square feet in size per surface. (E) Illumination. (1) Illumination of signs shall comply with Chapter 150 code requirements governing Lighting,Glare Control, and Exterior Lighting Standards. (2) Indirect illumination for signs shall be so constructed and maintained that the source of light is not visible from the public right-of-way or residential property. (3) Back-lit awnings are prohibited. (G) ingress or egress. No sign or structure shall be erected or maintained if it prevents free ingress or egress from any door,window, or fire escape. No sign or sign structure shall be attached to a standpipe or Hire escape. (H) Landscaping. Sign owners shall be required to maintain the appearance of the ground around all signs detached from buildings and to landscape where possible. (1) Master Sign Program. A Master Sign Program shall be reviewed and approved for all multi-tenant commercial buildings and for all business park development to coordinate all signage for current and future tenants. The Master Sign Program shall be reviewed as a permanent sign permit, but shall only authorize the general locations and sizes of signs to be erected within a development or on a multi-tenant building. Individual permanent sign permits shall still be needed for the placement of permanent signs in accordance with an approved Master Sign Program. Master Sign Programs shall be subject to the following requirements: Edits to existing sections 151.115 through 151.126 pg 15 shin" ;'Cod Rf'y wens it i �^. i;• .�}_ ~i tYt,r7F; r7if,7: .S,C;?. 4 (1) A Master Sign Program shall include a to-scale site plan which identifies the overall sign types, sizes, and locations for all proposed signage on the site(s). The site plan shall not contain the names of any current or future tenants or occupants of the center or overall development. (2) The Master Sign Program shall include a calculation of allowable sign square footage for the site(s)based on applicable zoning requirements and lot characteristics. (3) The Master Sign Program shall include square footage calculations for individual signs proposed for the site(s), along with a total sign square footage area calculation. (4) All signs within a Master Sign Program shall be visually consistent in location, design, and scale. (5) The Master Sign Program may be reviewed concurrently with a separate permanent sign permit for the individual sign(s) identified in the Master Sign Program. The separate permanent sign permit shall include all information required by section 151.116(A)(1), and may only be approved if the Master Sign Program is approved. (J) Multi-Tenant Buildings. (1) Multi-tenant buildings are herein considered a single commercial establishment, and shall be limited to one(1) freestanding sign amongst all planned/allowed signage subject to the following requirements: (a) If the multi-tenant commercial building has a floor area of 40,000 square feet or less, the sign shall not exceed forty(40) square feet(per side) and shall not exceed eight(8) feet in height. (b) If a multiple tenant commercial building has a floor area greater than 40,000 square feet but less than 100,000 square feet,the sign shall not exceed. seventy-five(75) square feet(per side) and shall not exceed nine (9) feet in height. (c) If a multiple tenant commercial building has a floor area of greater than 100,000 square feet,the sign shall not exceed .120 square feet(per side) and shall not exceed fifteen(15)feet in height. (2) Where a building,group of attached buildings on the same block,or center contains more than one business, the allowable sign area for any single business shall be its portion of the gross square footage of the building or center applied as a percentage to the allowable sign area of the entire building or center, subject to size limitations for specific signs within an approved Master Sign Program. Edits to existing sections 151.115 through 151.126 pg 16 (K) Neighborhood Identification Signs Independent of the total allowable sign area for individual residences within.a residential zoning district, two (2) ground signs for a unified residential area with six (6)or more lots may be allowed consistent with the following provisions: (1) New subdivisions: (a) Neighborhood identification sign(s) shall be approved as a component of a preliminary and final plat to be included as part of a new subdivision. (b) Each sign may not exceed a total of thirty-two (32) square feet in area. (c) Signs are to be located on outlots of sufficient size and area to accommodate them or within a dedicated permanent sign easement. A homeowners or neighborhood association is required for the area identified by the signs which shall own and.be responsible for the upkeep,perpetual maintenance, taxes,insurance,utilities, and other costs associated with the sign(s) and their property. The association rules or by-laws shall specify how the aforementioned sign responsibilities will be delegated and paid for. City staff shall review the proposed bylaws to ensure that they specify the aforementioned responsibilities. (d) Outlots or easements for signs are to be considered and planned for at the time of preliminary plat application and shall be included in the final plat. A developers agreement shall specify the designated use of the outlot or easements, its ownership, and the respective home owners association responsibilities regarding the proposed improvements. (e) Only indirect lighting of neighborhood identification may be approved. The electric costs and maintenance of such lighting shall be the responsibility of the homeowners association or neighborhood association of the area identified by the sign(s) and shall be clearly noted in the association's rules or bylaws. (f) The area around the sign is to be landscaped and maintained in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review by the Planning Commission and.City Council at the time of Preliminary Plat. (g) The design and construction of neighborhood area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. Neighborhood area identification signs are to be aesthetically pleasing when designed and constructed. The signs shall be compatible with nearby or potential homes and other structures in the area. Detailed construction plans and a materials list shall be included with the preliminary plat application. Edits to existing sections 151.115 through 151.126 pg 17 _Sign Code TRavisions PlannIn (h) The City reserves the right to require the removal—at the owner's expense—of any sign when the requirements of this Section and this Ordinance are not completely followed and adhered to or if the sign is not properly maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign or nearby landscaping when removed by the City. (2) Existing Unified Residential Areas: A neighborhood identification sign may be allowed by Conditional Use Permit for existing unified residential areas. If no outlots or easements were originally designated for signs,the plat may be amended to provide for such a proposal and shall meet the same criteria and requirements as set forth for new subdivisions. (I.) Non-commercial speech signs. Notwithstanding any other provisions of this sign ordinance, all signs of any size containing non-commercial speech may be posted from August 1 in any general election year until ten(10) days following the general election and thirteen (13)weeks prior to any special election until ten(10)days following the special election. (NY) Private on-premises directional signs. Signs located on, above or beside entrances or exits to buildings or driveways which direct pedestrians or vehicles(e.g. "employees entrance,""exit only,""rest rooms," etc) shall not count towards the overall permitted signage on a site provided such signs are no more than four(4) square feet in area. (N) Prohibited Signs The following signs are prohibited in all zoning districts. (1) Signs obstructing vision. Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic-control device. This includes indoor signs that are visible from public streets. (2) Unofficial traffic signs or signals. Any sign which contains or imitates an official traffic sign or signal, except for private, on-premises directional signs which do not interfere with traffic flows on.public roads. (3) Off premises advertising signs. Off premises advertising signs except as specifically allowed. (4) Signs with moving parts,moving lighting or animation. No sign shall display any moving parts,be illuminated with any flashing or intermittent lights, use changing light intensity,utilize spotlights giving off an intermittent or rotating beam.existing as a collection or concentration of rays of light(including but not limited to revolving beacons,beamed lights, or similar devices),or be animated. The only exceptions to this provision include static time and temperature information changing only when necessary(which shall be allowed provided the message depicted is reasonably accurate), allowable changeable copy signs and.barbershop poles. Edits to existing sections 151.115 through 151.126 Pg 18 S1gn Code RE"vlaro s �Ec:ilif lf1 ':ter i 1, '1GYi 3-9-09 (5) Roof signs. (6) Banners, pennants,ribbons,streamers. No sign which contains or consists of banners,pennants,ribbons, streamers, string of light bulbs, spinners,or similar devices, except when used for non-commercial purposes, as a governmental sign,or as part of an approved master sign program. (7) Portable signs. Including but not limited to signs with wheels removed, attached temporarily or permanently to the ground, stiucture or other signs, mounted on a vehicle for advertising purposes,parked and visible from the public right-of-way, hot air or gas filled balloons or semitruck umbrellas used for advertising. This prohibition shall not include business vehicle identification signs when the vehicle is being used for the normal day-to-day operations of a permitted business. (8) Signs supported by a guy wire. (9) Billboards. (10) Electronic Variable Message Signs. (11) Signs on natural surfaces. No sign shall be painted, attached or in any other manner affixed to trees,rocks,or similar naturally occurring surfaces within the City of Lake Elmo. This shall not prohibit the use of natural building materials (e.g.boulders)in the construction of a legally permitted sign. (12) Snipe signs. (0) Public lands and rights-of-way. No signs other than governmental signs shall be erected or temporarily placed within any street right-of-way or upon public lands or easements or rights-of-ways without Council approval. (P) Regulations for Specific Sign Types (1) Wall signs (a) A wall sign shall be located on the outermost wall of any principal building but shall not project more than 16 inches from the wall to which the sign is to be affixed. (b) A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed. (c) Wall signs authorized by a Master Sign Program shall not exceed 25 square feet per business, and all signs shall be visually consistent in location, design, and.scale. (d) Wall signs may be placed on not more than three walls of rectangular shaped.structures or not more than 75 percent of the major walls on non- rectangular shaped buildings. Edits to existing sections 151.115 through 151.126 Pg 19 Sign Code Rk'osfoP'n' Planning vOms""ss; .7; 3-:-09 (2) Mural Sign. (a) Mural signs shall not be limited in size,but any commercial or non- commercial language incorporated into the mural sign shall be limited in size by the restrictions established for the applicable zoning district. (b) In addition to the standard conditional use criteria in section 154.018,mural signs shall also be subject to the following: i. The location for the proposed mural sign shall be viewable by the public and be accessible; ii. The scale and suitability of the mural sign shall be appropriate in the context of the surrounding properties; iii. The artist(s) commissioned to complete the mural must provide documentation of demonstrated craftsmanship on similar projects; iv. The applicant shall provide sureties to the city guaranteeing completion of the project within the proposed timeframe; v. The applicant shall demonstrate that the necessary fiends are available for the proposed project; vi. The applicant must be able to show the final mural will last a minimum of five years and be reasonably resistant to vandalism and weather. (3) Projecting,Awning,and Canopy Signs. (a) Projecting signs and awning signs shall be located on street level. (b) If lighted,projecting, awning, and canopy signs shall use indirect illumination. (c) Awning or canopy signs shall not project higher than the top of the awning or canopy or below the awning or canopy. (d) Clearance. The bottom of a projecting sign or awning shall be a minimum of eight feet(8') above the ground surface when projecting over a private or public walkway. (4) Freestanding Signs. Freestanding signs shall not be erected or maintained any closer than three feet to any building. (Q) Separation Angle. So as not to create a double exposure or increase sign size limitations, there shall be a maximum separation angle of forty-five degrees for signs which are back to back. In all residential districts, double-faced signs shall be parallel. (R) Signs needing electricity. Signs needing electricity shall be subject to all applicable electrical codes as may be amended. Overhead wiring for such signs is prohibited. Edits to existing sections 151.115 through 151.126 Pg 20 (S) Special Sign Districts. (1) Old Village. (a) Boundary. The boundary of the Old Village Sign District is depicted on the city's official sign district map. Modifications to the district boundary may be completed using the zoning map amendment process. (b) Illumination. Indirect illumination or reverse lit letters shall be the permitted techniques for lighting all signs within the Old Village Sign. District. Other forms of direct illumination are prohibited. (c) Wall Signs. i. Wall signs in the Old Village Sign District shall not project higher than the parapet line of the wall to which the sign is to be affixed or 15 feet as measured from the base of the building wall to which the sign is affixed, whichever is lower. ii. Wall signs in the Old Village Sign District authorized by a Master Sign Program shall not exceed 20 square feet per business, and all signs shall be visually consistent in.location, design,and scale. (d) Freestanding Signs. i. The area of a freestanding sign in the Old Village Sign District shall not exceed thirty(30) square feet. ii. Freestanding signs in the Old Village Sign District shall not project higher than 6 feet,as measured from the average grade at the base of the sign or grade of the nearest roadway,whichever is lower. (2) Agricultural Sales District. (a) Boundary. The Agricultural Sales District shall include all properties zoned Agricultural or Rural Residential. (b) On-premises sign(s). Independent of the total allowable sign area for an individual property within the agricultural sales district, one or more additional on-premises signs may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions: i. Agricultural sales businesses utilizing less than 10 acres of land specifically for the growing of agricultural crops for the business are allowed I on-premises sign not to exceed 32 gross square feet of advertising surface; ii. Agricultural sales businesses utilizing more than 10 acres of land but less than 40 acres of land specifically for the growing of agricultural crops for the business are allowed I or 2 on-premises signs not to exceed 48 gross square feet of advertising surface(with no sign surface exceeding 32 square feet in size); Edits to existing sections 151.115 through 151.126 pg 21 _9. Q iii. Agricultural sales businesses utilizing more than 40 acres of land specifically for the growing of agricultural crops for the business are allowed 1 , 2 or 3 on-premises signs not to exceed 64 gross square feet of advertising surface (with no sign surface exceeding 32 square feet in size); iv. Sign(s) shall be in the form of an allowable sign type in the underlying zoning district. v. No dimension of any sign shall exceed 15 feet exclusive of supporting structures. vi. All signs shall be bordered with a decorative material compatible with the surrounding area. vii. Any illuminated sign shall be illuminated only during those hours when business is open to the public for conducting business. (c) Temporary off-premises sign(s). Independent of the total allowable sign area for an individual property anywhere within the city, a temporary off- premises sign may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions: i. Maximum Number. Every agricultural sales business shall have no more than two off-premises signs at any given time to direct the public to the location of the business. ii. Timeframe of use. Temporary off premises signs may be erected for 45- day time periods no more than four times in.any given calendar year. The required temporary sign permit shall stipulate the range of dates for each of the four allowable time periods in any given calendar year. iii. Size and Height. An off site agricultural sales advertising sign shall not exceed 50 square feet in area and shall not be taller than 10 feet in height; iv. Setbacks. Off-premises signs shall be a minimum of 25' from all side property lines, and.a minimum of 50' from other off-premises advertising signs; v. Permission Required. Applicants for off-premises signs shall acquire permission from the property owner upon whose land the sign is to be erected. (3) I-94 District. (a) Boundary. The I-94 district shall include the following parcels: i. All buildable properties to the south of Hudson Boulevard and to the north of Interstate 94. Edits to existing sections 151.115 through 151.126 pg 22 Sign CoUe.Rey"Sio€fs F arming�`omm�' sfc.n _Q-0,, ii. All properties whose southern boarder abuts Hudson Boulevard,but excluding those directly north of a developable parcel lying between Hudson Boulevard and Interstate 94. (b) Illumination. All forms of illumination shall be the permitted within the I- 94 Sign District. (c) Maximum total square footage of ALL sign surfaces. The maximum. total square footage of all sign surfaces in the 1-94 district shall be dictated by the maximum sign sizes for allowable sign types. (d) Wall Signs. The least restrictive of the following may be used to determine the allowable area for wall signs in the 1-94 District: i. The total area of all wall.signs on any wall shall not exceed ten percent of the area of the wall with a maximum allowable area of 80 square feet; or ii. The total area of all wall signs on any wall shall not exceed five percent of the area of the wall with a.maximum allowable area of 300 square feet. (e) Freestanding Signs. A building site within the 1-94 District may have freestanding signs in accordance with the following: i. One freestanding sign within 50 feet("of the property line nearest the Interstate"OR"of Hudson Boulevard") is allowed provided the sign does not exceed 150 square feet in size nor 30 feet in height. The base of such a sign shall be at least 75 percent of the width of the sign and be constructed of materials that match those used on the building for which the sign is installed. ii. One additional freestanding sign, in conformance with the underlying zoning requirements for height, location, and maximum size may also be erected along each additional roadway frontage. (f) Window Signs. Window signs in the 1-94 district shall not cover more than 25%of the window area. (g) Awning,Canopy, and Projecting Signs. One awning, canopy or projecting sign, in conformance with the underlying zoning requirements for height, location, and maximum size may also be erected for each business on a building site in the I-94 District. (T) Substitution Clause. The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial speech signs in lieu of any other commercial speech sign or other non-commercial speech sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non- commercial speech, or favoring of any particular non-commercial speech over any other non-convnercial speech. This provision prevails over any more specific provision to the contrary. Edits to existing sections 151.115 through 151.126 pg 23 (U) Temporary Signs. (1) Special Events. Temporary signs may be allowed upon issuance of a permit for on-site advertising of special events such as openings and closings,change in management, sales events, or other special occasions. No more than four temporary sign permits may be issued in any calendar year for a given destination, and each temporary sign permit shall run for 15 days. Temporary signs for special events shall be subject to the following regulations: (a) Only one on-premises temporary sign shall be allowed per business or event. (b) Temporary signs shall be in the form of an allowable sign type in the underlying zoning district. (c) Temporary signs shall not exceed 32 square feet in area and shall not be taller than 10 feet in height. (2) Residential development advertising signs. Independent of the total allowable sign area for individual properties or residences within a residential zoning district, one or more additional ground signs may be erected within a newly established unified residential area development subject to the following: (a) Minimum Development Size i. Projects of less than 25 acres which create ten or more dwelling units are allowed one (1)on-premises ground sign not to exceed 100 square feet of advertising surface; ii. Projects of 26 through 50 acres which create ten or more dwelling units are allowed 1 or 2 on-premises ground signs not to exceed 200 aggregate square feet of advertising surface on the project site; and iii. Projects over 50 acres which create ten or more dwelling units are allowed 1, 2, or 3 on-premises ground signs not to exceed 200 aggregate square feet of advertising surface on the project site. (b) Restrictions. i. No dimension shall exceed 25 feet exclusive of supporting structures. ii. The sign.shall not remain once 90%of the lots in the development have been issued building permits. iii. The pen-nit for the sign.must be renewed annually by the Council. iv. All signs shall be bordered with a decorative material compatible with the surrounding area. v. Only indirect illumination is permitted and shall only occur during those hours when an on-site sales office or model home is open for conducting business. Edits to existing sections 151.115 through 151.126 pg 24 'a r it" hit: (3) Temporary Off-Premises Signs. Temporary off-premises signs may be erected if all of the following criteria are met: (a) The destination to which the off-premises sign is advertising is a property for sale; (b) An agent must be present at the destination property for sale, and the property must be open for viewing. (c) The sign must be located on private property, and permission must have been obtained from the private property owner to erect the temporary sign; (d) The temporary off.-premises sign shall not exceed six (6) square feet in size; (e) The temporary off.-premises sign shall not cause the total square feet of signage on a property to exceed the allowed maximum in the underlying zoning district. (V) Warning Signs. Warning signs which do not exceed the minimum statutory requirements for size and number may be posted, and shall not count towards the overall permitted signage on a given property. Increases in either size or number over minimum statutory requirements shall count against the overall permitted signage on a given property unless authorized by conditional use permit which finds sufficient evidence that larger or more frequent signage is necessary to provide the intended warning. 151.118 Specific Regulations by Zoning District (A) Sign Setbacks. Signs shall conforin to the set back regulations listed in table I for the zoning district in which the signs are located except as may be specifically exempted or restricted in sections 1.51.117 and 151.118. F � � Front Lot Line s 5 5 5 # # t Side Lot Line 5 _ 5 5 5 5 S Rear Lot Line S 5 5 10 I G !i- #ti #0 � Vehicular Access x r> S S a #5 E,5 !�:: I €S [1]: Awning/Canopy signs, mural signs, projecting signs,wall signs,or window signs proposed to be located on a building legally non-conforming to setback requirements shall be permitted without a variance provided all other zoning code provisions are met. [2]: Signs within Business Parks shall also adhere to the requirements of a master sign program approved by the City Council in conjunction with the business park establishment. Edits to existing sections 151.115 through 151.126 pg 25 .ic= ode Revisjon (B) Allowable Sign Area. The maximum allowable sign area for an individual sign and for total site signage is listed in table 2 by zoning district. These maximums shall apply except as may be specifically exempted or restricted in sections 151.117 and 151.11$. 4 • A. RR. R1, R2, RE, OP[3] �X p b C 6 6 6 12 square feet R3 & R4[3] 12 C 12 M 12 12 24 square feet 1.0 square foot per lineal foot of GB, HB, CB, LB, BP,&PF [4] 30 60 C 30 6 [5] No building parallel or substantially parallel max to public road frontage(excluding alleys). [6) [1]: Sign types with shaded cells are prohibited in the applicable zoning district(s). Sign types with a maximum sign area of"C"shall require a conditional use permit [2]: Ground,monument,or pole signs,where permitted,shall be limited to one(1)per commercial establishment. [3]: All sign types in residential districts shall have no more than two(2) surfaces. [4]: The gross surface of an awning or canopy sign shall not exceed 30%of the gross surface area of the smallest face of the awning or canopy of which the sign is to be affixed. [5]: On any wall parallel or substantially parallel to a public roadway,the gross surface area of a wall sign shall not exceed 0.75 square feet for each lineal foot of building facing the applicable roadway. For walls not facing a public roadway,the maximum wall sign size shall be twelve(12)square feet. [6]: Open sales lots or other approved uses on lots without a building shall be limited to thirty(30)square feet of total sign surfaces. Edits to existing sections 151.115 through 151.126 pg 26 ti7ti Code t? 4 ft57t1Y7S pi -r'ii'q (C) Freestanding Sign Height.The maximum allowable sign height for a freestanding sign is listed in table 3 by zoning district. These maximums shall apply except as may be specifically exempted or restricted in sections 151.117 and 151.118. o s e e i t Allowable Height 5 5 5 5 8 8 5 5 20 20 20 20 20 20 in feet 151.119 Sign Variances Variances from sign provisions shall be administered in accordance with section 154.017, and shall be subject to the following additional requirements: (a) The sign(s) shall be compatible with the character of the adjacent buildings and with the character of the adjacent neighborhood; (b) The sign(s) shall have good scale and proportion in the visual relationship to buildings and adjacent areas; (c) The material, size, color, lettering, location, and arrangement of the sign(s) is an integral part of the site and building design; and/or The colors,materials, and lighting of the sign(s) are restrained and harmonious,as interpreted by the City Planner. SECTION 5. The City Council of the City of Lake Elmo hereby amends Chapter 151 of City Cody by adopting the map depicted in Exhibit"A" to serve as the City's official Sign District Map. SECTION 6. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. Edits to existing sections 151.115 through 151.126 A9 27 tllai...e Revisions r x�i?;7'}�'g�.iCi.?'ti,":N;='.'�;fi:!Y?' SECTION 7. Adoption Date This Ordinance No. was adopted on this day of 52009, by a vote of____Ayes and_Nays. Mayor Dean Johnston ATTEST: Craig Dawson City Administivor This Ordinance No was published on the day of , 2009. Edits to existing sections 151.115 through 151.126 pg 28 Planning Commission Date: 3/9/09 Staff Report Item: 5a ITEM: Wireless Communications Tower Ordinance Update SUBMITTED BY: Kyle Kiatt, Planning Director REVIEWED BY: Craig Dawson, Interim City Administrator Kelli Matzek, City Planner SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to review a preliminary report from staff regarding the Wireless Communications Tower Ordinance update project. Staff has prepared an analysis of the existing ordinance and at this time is seeking feedback from the Planning Commission prior to beginning work at drafting a new ordinance. The City Council has adopted a moratorium on the construction of any new communications towers within the City. The purpose of the moratorium (which extends through the end of 2009) is to provide the City with time to further study the issues associated with wireless communication facilities and to draft revisions to the ordinance that will better represent the community's expectations concerning the design and siting of new facilities in Lake Elmo. The moratorium was adopted for a period of one year, and could be rescinded at an earlier date if the new code is ready for adoption in accordance with the planned schedule. ADDITIONAL INFORMATION: The Planning Commission's role in the update process will include reviewing a draft ordinance and conducting a public hearing on the proposed ordinance. The first step in the overall process will include an informational session with the Commission at its next meeting. RECOMMENDATION: No action is necessary at this time. The moratorium language and work plan are included for review by the Commission ATTACHMENTS: 1. Staff Report 2. Objectives and Work Plan for the Wireless Communications Facility Ordinance Update 3. Existing Wireless Communications Tower Ordinance 4. Wireless Towers articles from the Planning Commissioners Journal ORDER OF BUSINESS: - Introduction ........................................................................Kyle Kiatt, Planning Director - Report/Presentation...........................................................Kyle Kiatt, Planning Director - Questions/Comments from the Commission.................Chair & Commission Members City of Lake E.lm.o Planning Department Wireless Communications Ordinance Amendment To: Planning Commission From: Kyle Klatt, Planning Director Meeting Date: 3-9-09 Introductory Information OBjective: Early this year, the Lake Elmo City Council has adopted a moratorium on the construction of new telecommunications towers within the City, and has previously directed the Planning Department to begin work on an update to the existing wireless communication tower ordinance during the moratorium period. The moratorium was established until the end of 2009; however, the work plan that was approved by the Council for the update project anticipated that the new ordinance would be adopted by July or August. This work plan was previously presented to the Planning Commission for review, and is attached for reference by the Commission. Early in the process there is time set aside for Planning Commission input as part of the research and issue identification being done by staff. The schedule also indicates that the Commission will be reviewing a draft ordinance sometime in May after an initial open house to receive public feedback. Staff is presently working to select a consulting firm to provide the City with expertise in the field of wireless communication facilities. The primary role of a consultant will be helping the City develop an ordinance that: 1) helps the City meet its obligations under the Federal Telecommunications Act of 1996, 2) establishes a minimum threshold of information that is needed for the City to adequately determine the need for a new tower or other facility, and 3)that identifies the preferred locations F for new towers in the community. Background: The City of Lake Elmo adopted the current wireless communications tower ordinance on January 21, 1998, shortly after the passage of the Federal Telecommunications act of 1996. Upon the passage of the Act,many communities throughout the country initiated a process to update their zoning regulation in order to ensure compliance with the Act while also protecting and preserving the communities' rights to regulate new cellular towers. Some of the essential components of the Telecommunications Act that pertain to the drafting of a wireless telecommunication tower ordinance include provisions that prohibit local governments from: • Unreasonably discriminating among providers of functionally equivalent services. k • Taking actions that"prohibit or have the effect of prohibiting the provisions of (.'0rP1MU,-") 'iF Jo;.... Tower f1`...,li?.:.2P74<Amt£'.71'iklle{Y'r.` personal wireless services". • Limiting the placement of wireless facilities"on the basis of the environmental effects of radio frequency emissions". The other relevant provision of the Act note that local governments must: • Act on requests for authorization to locate wireless facilities"within a 3 reasonable period of time". • Explain each decision denying such a request"in writing and supported by substantial evidence contained in a written record"and "any person adversely affected by any final action or failure to act"may bring an action in court within 30 days after such action or failure to act. Within the framework of the Telecommunications Act, cities are still able to make decisions regarding the siting of facilities in the community, the design standards for `�=;'at.•.p such facilities, and other factors that could impact the health, safety and general welfare of the public. Until last year, the City had not received any fonnal applications for a new wireless telecommunications tower under this ordinance. There have been several antennas placed on existing water towers within the City, and the City has lease agreements with most of the major cellular providers for these antennas. Other towers located around the periphery of the community are currently providing coverage within the City of Lake Elmo. Sta ff Review and Analysis Analysis of The existing ordinance pertaining to wireless communication towers is now over 10 Existing years old, and in this period of time, there have been many changes within the Ordinance wireless communications industry. Most importantly,there has been a recent move towards providing"gap" coverage amongst the various carriers, and in particular for providing coverage within individual homes,versus the historical focus on covering the major road networks. During the review of the T-mobile request that was ultimately denied by the City Council, it was apparent that sufficient wireless coverage exists near the borders of the City and in the Village area,but that large gaps persist in many of the areas between Highway 36 and CSAH 5 and CSAH 5 and. Interstate 94. A basic outline of the current ordinance, along with a very brief summary of each section is as follows: 1. Purpose and Intent • States the intent of the ordinance to: accommodate wireless telecommunications services,minimize adverse visual.effects, avoid potential f damage, and maximize use of exiting towers and structures. Il. Permit Required • A permit is required to install a.wireless facility or any portion thereof. Unlike other communities,Lake 1✓lmo does not regulate new towers as a_ ;fJ3 r 01 o,%:pr .1 relbn.mce Anu?ndmeir Rq.or: 3L 9-(W conditional use permit. Ill. Prohibited Areas • Residential areas less than 10 acres,conservation easements,airport impact zones without consent. IV. Allowed Tower Sites • On or near power line right-of-way,public property,agriculturally or residentially zoned property. This list was not construed as being presented in order of priority and was later amended by the City Council to clearly rank them in order of preference. V. Application • Describes information that must be submitted with an application. Planning Commission Review • Hearing requirements and Planning Commission responsibilities. VI ICity Council Review • Requires an agreement with the land owner as part of the approval process. VIII. Co-location Requirements • Antennas must be located on structures that exceed 75 feet and are located within 1/4 mile of the selected site (unless it can be documented that an agreement cannot be reached). IX. Exceptions to Co-location Requirements 0 Reasons for waiving the co-location requirements. X. Construction Permits XI. � Compliance with building code required. ower Standards Design, setbacks, and height. X11. Other Standards • No lighting or signs permitted and the antenna cannot cause interference with public safety equipment. XIII. Prohibited Subdivisions • A 10-acre minimum size must be maintained for towers on residential property- XIV. Accessory Utility Buildings 0 Must blend into the surrounding environment. XV. Ground Mounted Equipment • Design and screening requirements for accessory buildings. Upon review of the City ordinance as described above, it appears that the code was written to try*to minimize the number of towers located in the community by encouraging co-location of antennas whenever possible. This is supported by the fact the max*imum height of towers with co-location are allowed to extend to..125 feet in residential zones and 195 feet on public property. Although the ordinance does encourage location near or within existing utility easements,it is not readily apparent that any utility sites actually work for wireless carriers to provide the coverage that is being sought. The land use characteristics that make Lake Elmo unique, specifically its rural character and open spaces, also make it more challenging for siting wireless Nhvan ing 3L communication facilities within the City. Unlike other surrounding communities, there is not an abundance of taller structures that could provide suitable co-location opportunities for wireless facilities. Many of Lake Elmo's residential areas that have limited wireless coverage are also located in areas with prime scenic qualities and very few buildings other than single family residences. This leaves a small number of agricultural buildings,power line structures, and water towers that could serves as potential antenna sites outside of the Village Area(which is well-served by the existing water tower). Other issues that have been identified and are recommended for revision as part of an updated ordinance include the following: 9 Search radius. The original ordinance specified a search radius of'/4mile for potential co-location.structures (which has since been amended by City Council to 2 miles). The City should further evaluate the distance being used to ensure that all potential alternatives are evaluated with new applications. Given the topography and land uses in Lake Elmo, it may be beneficial for the City to evaluate specific structures rather than relying on an applicant's search information. * Submittal documentation. The current ordinance requires information to support the application and to describe the request, but does not specifically request data that would demonstrate the actual need for a tower. For instance, many ordinances now explicitly ask for field "driving"data will help establish the proposed service level improvements for a given antenna. 9 Location preferences, Although the Council has recently amended the ordinance to rank the preferred sites,with public land at the top of the list,the City may want to further expand upon this list by actually identifying specific locations for new towers. This could be done in a general way in the ordinance or as a master plan with locations identified on a City map. Alternatively,the City could name areas that should be protected from antennas, including lakes,parks, and general scenic vistas. In Lake Elmo, a balance will need to be reached between visual impacts and the provision of adequate levels of service. • Consideration of alternative sites. The ordinance as presently written does not require a wireless carrier to consider alternatives sites as part of its application to the City. A more thorough review of other sites may be appropriate as part of the application process to at least establish whether or not another location could work for an applicant. • Maximum height allowed. The current ordinance sets a relatively high maximum height of 195 feet in certain instances. The City to date has not conducted a study to determine whether or not a lower height could allow adequate service levels in the community. A key part of the ordinance Page �'�1f'H'/f:',SS€,.:'17i•?tt2ZitZtt.'.1� ?�J;t' :'{ill`€::'!'"�it"C,z.'tir:lf^r.{•.''�f72.;11t:'Y•'tiT7t revision process will involve establishing the City's preference for fewer, larger towers verses more abundant,but smaller towers. This is one decision that would benefit from outside expertise in the area of RF engineering to help the City establish the minimum thresholds for providing coverage. • Collocation requirements and incentives. Currently the application process is the same for antennas being located on an existing structure or someone building a new tower over 75 feet in height. Nearly all wireless communication ordinances provide for a streamlined review of co-location antennas (usually on an administrative level), which provides for an incentive to find suitable co-location sites. • Revi"ew process. The City's wireless telecommunications ordinance is not included as part of the Zoning Ordinance, and towers are a permitted use subject to the location requirements of the ordinance. Most tower ordinances regulate new towers as a Conditional Use Permit, and do not require co- located facilities to follow this process. One way to encourage towers in certain areas is to eliminate a lengthy review process for applicants. • Outside review and analysis. Although the City collects an escrow with new applications for wireless communications facilities, there is no specific reference in the code that clearly states the City should or should not seek outside expertise to review new applications. • Site demonstration. The current ordinance states that the City Planner may request a visual impact demonstration; this section of the code could be revised to provide additional clarification concerning the specific information needed to establish the potential impacts of a tower. • Impact offuture technology. As technology evolves, the City's ordinance Alternatives should provide enough flexibility to allow alternatives that may not be feasible and Model at present. Ordinances: The ordinance review conducted by staff points to several opportunities to further refine the City's existing ordinance to provide a better balance between the provision of wireless communications services in Lake Elmo and the interests of many in the community to minimize the effects of new towers on the landscape. The City does have a fair amount of flexibility in designing its ordinances, andhas several excellent model ordinances to use as examples. To date, staff has reviewed ordinances from Polk and.St. Croix Counties, the cities of Afton, Stillwater,Burnsville, Eagan, Minnetonka, Lansing, MI, and the St. Croix Valley Wireless Communication Service Group. Many of these ordinances follow a similar format to Lake Elmo's regulations, while others(like Lansing MI)have recently updated their codes to include additional design and siting requirements. As part of its discussion on this matter, the Planning Commission will want to NITIN 5"'onam'S'sion Rcy.)on: 3.QU"A" consider the following aspects of the ordinance: 9 Which views are important to protect and preserve in Lake Elmo. 0 If there are tower designs that are more appropriate for Lake Elmo, for instance if a stealth monopole design is preferable to a tower camouflaged to look like a tree. 9 Whether or not towers should be encouraged on public property and if there are sufficient opportunities to locate towers on public land. * Which sites on private property may provide or preclude opportunities for co- location. * Where future residential growth is going to occur and to make sure that new communications facilities will be able to serve future growth areas. 0 The type of information that will best help the City make an informed decision regarding new antenna and tower proposals. As part of its presentation to the Planning Commission, staff is planning to review an overview map of the City showing the current areas that towers would be allowed within the City. This map should also help in later meetings as the City discussed the preferred locations for new facilities and the potential opportunities for co-location (or stealth design) within the City. In order to provide members of the Planning Commission with additional background infon-nation concerning wireless communications facilities, a series of articles from the Planning Commissioners Journal is attached for your review. Although this report is a little dated, it does contain some excellent information regarding the issues associated with wireless communications facilities and the Federal Telecommunications Act of 1996. Conclusion/Next Steps. The Planning Commission is not being asked to take any specific action at this time; however, some initial feedback regarding the issues noted above will be helpful as staff seeks an outside consultant to assist with the project and prepares for a public open house. The next major steps that are anticipated in the process or developing a revised ordinance include: 1) Hiring a consultant to provide technical assistance to the City; 2) Conducting a public open house to received public feedback on the issues associated with wireless communication facilities; and Rag ge 6 Ordinanne!A3`F'dowfille-7r, 3-9-00 3) Begin drafting a new ordinance with input from a technical consultant, the public open house, and Planning Commission. Wireless Telecommunications Tower Ordinance Update — Work Plan Prepared by the Lake Elmo Planning Department January 15, 2009 The City of Lake Elmo has adopted a moratorium on the construction of any new wireless telecommunications towers within the City for a period of 12 months. The purpose of the moratorium is to provide the City with additional time to conduct studies and/or to receive engineering input in regard to the effectiveness of the City's current regulations and to ensure that any revisions to the City's current regulations are in compliance with the mandates of the Telecommunications Act of 1996. The Planning Commission has been asked to update the current ordinance, and will be considering the following objectives as a part of this process: • Evaluate current trends in wireless communications industry. • Establish preferred locations for new towers: - Using GIS analysis and other available tools. • Asses community preferences for larger, but fewer towers, or smaller towers that are more densely dispersed on the landscape. • Provide for a streamlined process when new antennas are co-located on existing facilities. • Require location on public sites as first option before other sites can be considered. • Specify design requirements: - Determine whether stealth/camouflaged/or other architectural treatments are appropriate in various circumstances. - Consider setting a maximum height above surrounding trees/structures. • Require a conditional use permit for new towers and include them as a specific use on the district charts. • Identify color preferences for new towers. • Ensure the revised ordinance does not effectively establish a ban on towers within the City. The preliminary schedule for accomplishing these objectives is proposed as follows: Task Estimated Completion Background research 3/1/09 - Review model ordinances - Review current trends in wireless communications industry - Perform analysis of current ordinance Identify and prioritize land and views to be protected - Consider outside review of RF issues Review Assistance 2/17/09 - Select outside consultant/expert to assist with review process Planning Commission review 319/09 - Input from planning commission Public participation 3/25/09 - Open house no. 1 - Review current rules, present research, discuss options - Establish community preferences Complete first draft 5/11/09 - Based on model ordinances, public input, and Planning Commission feedback - Planning Commission review of first draft Public review 5/11/09 - Open House No. 2 - Presentation of draft ordinance - Public response to draft Planning Commission public hearing 6/8/09 - Consider recommendation to Council 2"d Planning Commission meeting (optional) July/August 2009 - Continue public hearing - Further review/refinement of draft City Council action July/August 2009 - Adopt revised ordinance - Rescind moratorium Lake Elmo, MN Code of Ordinances TITLE XV: LAND USAGE/ CHAPTER 150: GENERAL PROVISIONS /WIRELESS TELECOMMUNICATION TOWER PERMIT WIRELESS TELECOMMUNICATION TOWER PERMIT TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS /WIRELESS TELECOMMUNICATION TOWER PERMIT / § 150.110 PURPOSE AND INTENT. § 150.110 PURPOSE AND INTENT. The wireless telecommunication tower permit regulations are intended to: (A) Reasonably accommodate the provision of wireless telecommunication services to the general public; (B) Minimize adverse visual effects of wireless telecommunication towers, antennae, or accessory equipment through careful design and siting standards; (C) Avoid potential damage to adjacent properties from tower failures through structural standards and setback requirements; and (D) Maximize the use of existing and approved towers, structures, and/or buildings for the location of new wireless telecommunication towers in.order to reduce the number of the structures needed to accommodate wireless telecommunication services. (1997 Code, § 13 90.01) (Ord. 97-24,passed 1-21-1998) TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS/WIRELESS TELECOMMUNICATION TOWER PERMIT /§ 150.111 PERMIT REQUIRED. § 150.111 PERMIT REQUIRED. No person shall install a wireless telecommunication facility or any portion thereof, at a height greater than is allowed for structures in the underlying zoning district without first being issued a wireless telecommunication tower permit. (1997 Code, § 1390.03) (Ord. 97-24,passed 1-21-1998) Penalty, see § 10.99 TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS/WIRELESS American Legal Publishing Corp. 1 Lake Elmo, MN Code of Ordinances TELECOMMUNICATION TOWER PERMIT/§ 1.50.112 PROHIBITED AREAS. § 150.112 PROHIBITED AREAS. Wireless telecommunication towers shall not be allowed in the following areas: (A) Residentially zoned parcels of less than 10 acres unless the wireless telecommunication tower and ground facilities accessory thereto are located within 1.00 feet of the right-of-way of a public utility transmission line; (B) Open space easements or conservation easements; and/or (C) Airport impact zones without consent of the F.A.A. (1997 Code, § 1390.03) (Ord. 97-24, passed 1-21-1998) Penalty; see § 10.99 TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS /WIRELESS TELECOMMUNICATION TOWER PERMIT/§ 150.113 ALLOWED TOWER SITES. § 1.50.113 ALLOWED TOWER SITES. Applicants for a wireless telecommunication tower pen-nit shall make a reasonable effort to locate the towers and accessory ground facilities in the following areas: (A) On an existing public utility power line support structure, within an existing public utility power line right-of-way, or within 100 feet of the right-of-way; (B) On publicly owned property, as approved by the City Council; and/or (C) On agriculturally or residentially zoned parcels greater than 10 acres. (1997 Code, § 1390.04) (Ord. 97-24,passed 1-21-1.998) Penalty, see § 10.99 TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS /WIRELESS TELECOMMUNICATION TOWER PERMIT/ § 150.114 APPLICATION. § 150.114 APPLICATION. Applications for a wireless telecommunication tower permit shall be submitted on fortes provided by the City Planner, which shall include the following information: American.Legal Publishing Corp. 2 Lake Elmo,MN Code of Ordinances (A) A sketch drawn to scale acceptable to the City Planner and City Engineer which illustrates: (1) The parcel on which the tower and accessory ground facilities; (2) The buildings located and to be located on the tower parcel; (3) The buildings located within 100 feet of the perimeter of the tower parcel; and (4) Access easements as necessary to the tower parcel. (B) A.sketch drawn to scale or a photo image acceptable to the City Planner and City Engineer which illustrates the relative size of the proposed wireless telecommunication tower or existing structure on which the antenna will be located compared to structures located within 100 feet of the perimeter of the parcel on which the tower is located and which illustrates the visibility of the tower from adjoining parcels located within 100 feet of the perimeter of the parcel on which the tower is located. The City Planner may also require a visual impact demonstration including mock-ups and/or photo montages and.plans for painting the tower; (C) A report from a qualified and licensed professional engineer which: (1) Describes the wireless telecommunication tower height and design including a cross-section and elevation; (2) Certifies the wireless telecommunication tower's compliance with structural and electrical standards; (3) Documents the height above grade for the mounting positions, which can be used for co-location and the minimum separation distances between the co-location positions; and (4) Describes the wireless telecommunication tower's capacity to support antennae, including an example of the number and type of antennas that can be accommodated on the wireless telecommunication tower. (D) A 2-year plan for wireless telecommunication facilities to be located within the city shall be submitted by the applicant. The city acknowledges that the plans are fluid and in all likelihood will change depending upon market demands for the service. The city will maintain an inventory of all existing and reasonably anticipated cell site installations. The applicant shall provide the following written infonnation in each 2-year plan and the plan must be updated with each submittal for a new wireless telecommunication tower permit as necessary: (1) A description of the radio frequencies to be used for each technology; (2) A list of all existing sites to be upgraded or replaced, and proposed cell American Legal Publishing Corp. 3 Lake Elmo, MN Code of Ordinances sites within the city for these services by the applicant; and (3) A presentation size map of the city, which shows the 2-year plan for cell sites, or if individual properties are not known, the geographic service areas of the cell sites. (E) The cost of mailing addresses for all property owners of record located within 1,000 feet of the subject property to be complied by the city; (F) An application fee in an amount prescribed from time to time by City Council resolution as necessary to reimburse the city for costs incurred to process the wireless telecommunication tower permit application; (G) Confirmation that the applicant is properly licensed by the F.C.C., or is the authorized representative of a wireless telecommunication provider properly licensed by the F.C.C.; (H) Written authorization from the property owner describing the area which will be subject to the tower lease and acknowledging that the property owner will be responsible for removal of the wireless telecommunication tower, antennae, and tower accessory equipment which is unused or abandoned for 12 consecutive months; (1) Documentation of the steps to be taken by applicant to avoid causing destructive interference to co-located previously established public safety communications facilities; and (J) A detailed landscape plan,which indicates how tower accessory equipment will be screened. (1997 Code, § 13 90.05) (Ord. 97-24, passed 1-21-1998) TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS/-WIRELESS TELECOMMUNICATION TOWER PERMIT I§ 150.115 PLANNING COMMISSION REVIEW. § 150.1.15 PLANNING COMMISSION REVIEW. (A) Upon receipt of a completed application, the City Planner shall schedule a hearing before the Planning Commission which shall be preceded by 10-days mailed notice to the record owners of property located with 1,000 feet of the parcel on which the tower will be located. (B) The Planning Commission shall make recommendations to the City Council regarding the issuance of the wireless telecommunication tower permit and, in particular, in regard to the following: (1) Compliance of application with the city regulations and development American Legal Publishing Corp. 4 Lake Elmo,MN Code of Ordinances standards; and/or (2) Proposed conditions, as necessary, to prevent the wireless telecommunication tower, antennae, and tower accessory equipment from becoming a nuisance to surrounding property owners. (1997 Code, § 1390.06) (Ord. 97-24,passed 1-21-1998) TITLE XV: LAND USAGE/CHAPTER 150: GENERAL PROVISIONS/WIRELESS TELECOMMUNICATION TOWER PERMIT / § 1.50.116 CITY COUNCIL REVIEW. § 150.116 CITY COUNCIL REVIEW. (A) Upon receipt of Planning Commission recommendations,the City Council shall review the application. The City Council may approve the application subject to conditions, table its review until a date certain, or deny the application for a wireless telecommunication tower permit. if the application is approved by the City Council, a wireless telecommunication tower permit and a building permit shall be issued upon the execution of a wireless telecommunication tower agreement. (B) The agreement shall be signed by the applicant and property owner and the terms of the agreement shall include the following: (1) A list of the conditions of approval to the wireless telecommunication tower permit; (2) A statement indicating that failure to comply with the conditions of approval shall result in the removal of the wireless telecommunication tower, antennae, or tower accessory equipment; (3) A statement indicating that the expenses incurred by the city to enforce the provisions of the wireless telecommunication tower agreement shall be reimbursed by the applicant; (4) A statement,which requires the applicant to utilize the procedures established by the F.C.C. to resolve any complaints received relating to interference allegedly caused by the wireless telecommunication tower;and (5) A statement indicating that a wireless telecommunication tower which has not been used for 12 consecutive months shall be deemed abandoned and may be required to be removed in the same manner and pursuant to the same procedures as for hazardous and substandard buildings (M.S. §§ 463.15 through 463.261, as they may be amended from time to time). American Legal Publishing Corp. 5 Lake Elmo, MN Code of Ordinances (1997 Code, § 1390.07) (Ord. 97-24,passed 1-21-1998) TITLE XV: LAND USAGE /CHAPTER 150: GENERAL PROVISIONS/WIRELESS TELECOMMUNICATION TOWER PERMIT/§ 150.11.7 CO-LOCATION REQUIREMENTS. § 150.11.7 CO-LOCATION REQUIREMENTS. Except as hereinafter provided, antenna utilized to provide wireless telecommunication services shall be located on existing towers or structures which exceed 75 feet in height and which are located within 1/4 mile of the antenna site being proposed by the applicant. In the event that co-location is not possible, the applicant must demonstrate that a good faith effort to co-locate on existing towers and structures was made but an agreement could not be reached. (1997 Code, § 1390.08) (Ord. 97-24,passed 1-21-1998) Penalty, see § 1099 TITLE XV: LAND USAGE /CHAPTER 150: GENERAL PROVISIONS /NVl IELESS TELECOMMUNICATION TOWER PERMIT / § 150.118 EXCEPTIONS TO CO-LOCATION REQUIREMENTS. § 1.50.118 EXCEPTIONS TO CO-LOCATION REQUIREMENTS. The City Council shall waive any or all of the co-location requirements if it is determined that: (A) The antennae and/or tower accessory equipment would cause the structural capacity of an existing or approved tower or building to be exceeded, as documented by a qualified and licensed professional engineer, and the existing or approved tower or building cannot be reinforced, modified,or replaced to accommodate the antennae or tower accessory equipment at a reasonable cost; (B) The antennae and/or tower accessory equipment would cause interference materially impacting the usability of existing antennae or tower accessory equipment as documented by a qualified radio frequency engineer and the interference cannot be prevented at a reasonable cost; (C) Existing or approved towers and buildings within the applicant's search radius cannot or will not accommodate the antennae and/or tower accessory equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer; and/or (D) Other unforeseen reasons make it infeasible to locate the antennae and/or tower American Legal Publishing Corp. 6 Lake Elmo,MN Code of Ordinances accessory equipment upon an existing or approved tower or building. (1997 Code, § 1390.09) (Ord. 97-24,passed 1-21-1998) TITLE XV: LAND USAGE /CHAPTER 150: GENERAL PROVISIONS/WIRELESS TELECOMMUNICATION TOWER PERMIT / § 150.119 CONSTRUCTION PERMITS. § 150.119 CONSTRUCTION PERMITS. All wireless telecommunication towers erected, constructed, or located within the city, and all wiring therefore, shall comply with the requirements set forth in the Unifonn Building Code. (1997 Code, § 1390.10) (Ord. 97-24,passed 1-21-1998) Penalty, see § 1099 TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS /WIRELESS TELECOMMUNICATION TOWER PERMIT/ § 150.120 TOWER STANDARDS. § 150.120 TOWER STANDARDS. (A) Wireless telecommunication towers shall comply with the following standards unless the City Council grants a variance as necessary to reasonably accommodate the wireless telecommunication tower. Variance procedures shall be processed according to the zoning code. (B) (1) Design. (a) To blend into the surrounding environment through the use of color and architectural treatment; (b) To be of a monopole design unless the City Council determines that an alternative design would better blend into the surrounding environment; (c) All proposed wireless telecommunication tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least 2 additional users if the tower is over 100 feet in height or for at least 1 additional user if the tower is between 75 feet and 1.00 feet in height; and (d) Where possible, all proposed wireless telecommunication towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at various heights. American Legal Publishing Corp. 7 Lake Elmo,MN Code of Ordinances (2) Setbacks from lot lines. (a) In all residential zoning districts, wireless telecommunication towers shall be set back 1 foot for each foot of tower height plus 20 feet. (b) In all zoning districts, towers may encroach into the rear or side yard setback areas, provided that the rear or side yard property line abuts a commercial or business zoned property and the wireless telecommunication tower does not encroach upon any easements. (c) Wireless telecommunication towers shall not be located between a principal structure and a public street. (d) A required setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow for the integration of a wireless telecommunication tower with an existing or proposed structure such as a church steeple, power line support device, or light standard. (e) A required setback may be reduced or its location in relation to a public street varied upon providing the city with a licensed professional engineer's certification that the wireless telecommunication tower is designed to collapse or fail within a distance or zone shorter than the required setback distance. (3) Height. (a) In all residential zoning districts, the maximum height of any wireless telecommunication tower including all antennas and other attachments, shall not exceed 1 foot for each 1 foot the tower is setback from a residential dwelling unit up to a maximum of 195 feet for parcels of 40 acres or more and 125 feet for parcels between 10 to 40 acres in size. (b) In all non-residential zoning districts, wireless telecommunication tower and antennae shall not exceed 195 feet in height above ground for a freestanding wireless telecommunication tower, and 195 feet in height above ground as measured by the lowest ground elevation adjacent to a building on which the tower/antenna is located, including all antennas and other attachments where the zoning district is adjacent to a residential zoning district. The setback from a common lot line shall be 2 feet for each 1 foot of tower height. (1997 Code, § 1390.11) (Ord. 97-24,passed 1-21-1998) Penalty, see § 10.99 TITTLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS /WIRELESS TELECOMMUNICATION TOWER PERMIT / § 150.121 LIGHTING. 1.50.121 LIGHTING. American Legal Publishing Corp. 8 Lake Elmo, MN Code of Ordinances At night,wireless telecommunication towers shall not be illuminated by artificial.means. (1997 Code, § 1390.12) (Ord. 97-24,passed 1-21-1998) Penalty, see § 10.99 TITLE XV: LAND USAGE / CHAPTER 150: GENERAL PROVISIONS/WIRELESS TELECOMMUNICATION TOWER PERMIT I § 150.122 SIGNS AND ADVERTISING. § 150.122 SIGNS AND ADVERTISING. The use of any portion of a wireless telecommunication tower for signs other than warning or equipment information sign is prohibited. (1997 Code, § 1390.13) (Ord. 97-24, passed 1-21-1998) Penalty, see § 10.99 TITLE XV: LAND USAGE/CHAPTER 150: GENERAL PROVISIONS /WIRELESS TELECOMMUNICATION TOWER PERMIT/ § 150.123 INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATION. § 1.50.123 INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATION. No wireless telecommunication facility shall interfere with public safety telecommunications. All wireless telecommunication towers/antennas shall comply with P.C.C. regulations and licensing requirements. (1997 Code, § 1390.14) (Ord. 97-24,passed 1-21-1998) Penalty, see § 10.99 TITLE XV: LAND USAGE /CHAPTER 150: GENERAL PROVISIONS /WIRELESS TELECOMMUNICATION TOWER PERMIT/ § 150.124 PROHIBITED SUBDIVISIONS. § 1.50.124 PROHIBITED SUBDIVISIONS. Where a wireless telecommunication facility has been located on a residentially or agriculturally zoned parcel greater than 10 acres, except when the facility is located within a power line easement, or within 100 feet of the easement, the parcels shall not be further subdivided unless the resulting parcel on which the wireless telecommunication facility is Iocated continues to be more than 10 acres in size. American Legal Publishing Corp. 9 Lake Elmo, MN Code of Ordinances (1997 Code, § 1390.15) (Ord. 97-24,passed 1-21-1998) Penalty, see § 10.99 TITLE XV: LAND USAGE /CHAPTER 150: GENERAL PROVISIONS /WIRELESS TELECOMMUNICATION TOWER PERMIT I § 150.125 ACCESSORY UTILITY BUILDINGS. § 150.125 ACCESSORY UTILITY BUILDINGS. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment. (1997 Code, § 1390.16) (Ord. 97-24,passed 1-21-1998) Penalty, see § 10.99 TITLE XV: LAND USAGE /CHAPTER 150: GENERAL PROVISIONS /WIRELESS TELECOMMUNICATION TOWER PERMIT/§ 150.126 GROUND-MOUNTED EQUIPMENT. § 1.50.126 GROUND-MOUNTED EQUIPMENT. All ground mounted equipment accessory to a wireless telecommunication tower shall be enclosed in a building with brick walls and have a dark colored standing seam metal roof and be further screened with sufficient trees, as determined by the City Planner, and shrubs to substantially reduce the visual impact. (1997 Code, § 1390.17) (Ord. 97-24, passed 1-21-1998) Penalty, see § 10.99 American Legal Publishing Corp. 10 WIRELESS TOWERS Planning for Cellular Towers by Ben Campanelti Communication Service (PCS) licenses meats,see pages 7-9 of this issue]. Seated in the front row of the have been auctioned-off by the FCC,giv- Complicating things further are court meeting room is a group of ing high bidders the right to build digital rulings in several states which have stern-faced town residents. Sit- wireless phone networks which compete bestowed "utility use" status to wireless ing to the rear is a tightly knit with standard cellular service.They have telecommunication facilities, allowing cadre of business attired people paid substantial sums of money for the them in all land-use zones as if they were armed with display boards, right to operate under these licenses.see the local.utility pole,cable junction box, brightly colored transparency "Personal Communication Services,"on.page 10. or electric sub-station facility. The "utili- Y analysts industry l. predict that t definition is not far off the mark, overlays,and stacks of neatly Y y" nition stapled handouts.Are they the between ..122,000 and 250,000 new cell however,when one realizes that the new Wal-Mart group? No, that's sites will be needed to meet the growing PCS wireless providers are vying not only next month.It must be those demand of cellular phone subscribers in for the mobile communication market- the United States alone. As many as half place,but for serving as a substitute for tower people. of these sites will require new towers, the wired phone lines presently in your Both groups wait slowly as the especially in suburban and.rural areas home or place of business. items on the agenda arree slowll oy dis- where few suitable tall structures are pensed.The front row participants available to lease as antenna support TimE Is MONEY perk-up when the tower agenda item Man wireless providers o timistical- is read:A.public hearing will now be platforms. y ess p p Did the FCC and Congress know ly plan for only a six to eight month time held considering the appli-cation of period for acquiring, permitting, and New Age Wireless,a Delaware Limit- edwhat Partnership request for approval of villages? While the landmark Telecom- building their initial set of transmission a.195 foot wireless communication munications Act of 1996. does indicate an facilities in order to launch new wireless "utility"facility proposed in an R-1 intent to preserve the authority of state service in a community. Often two or residential district. and local. governments over decisions more wireless providers compete for the regarding the "placement, construction, same scarce "friendly" sites within the and modifications of personal wireless target market,sometimes driving prices WHY SO MANY TOWERS? services," Section 704(a) of the Act up for available antenna space. states: With over$20 billion being spent by 'a planning commissioner The regulation of the placement, wireless carriers for the privilege of oper- or`zomng board member, if YOU construction, and modification of per- ating public frequencies,it's no surprise haven't already been through a sonal wireless service facilities by any the industry is attempting to gain quick tower request,you probably soon will.In State or local government or instrumen- approvals of their new tower sites to fact, chances are you will get to hear tality thereof shall not unreasonably begin offering service to the public. And quite a few of them. In the early 1990s, discriminate among providers of func- it is understandable when major wireless the Federal Communications Commis- tionally equivalent services and shall not telecommunication companies sue local lion(FCC)granted licenses to two com- prohibit or have the effect of prohibiting the governmental agencies for passing mora- peting cellular phone providers in each provision of personal wireless services." toria on new tower site applications community.Over the last 15 years,cellu- (emphasis added). while they take a look at their applicable lar telephone firms have installed some The Act also expressly preempts state regulatory codes. 22,000 antenna support structures.They and local governments from regulating What can planning agencies do,. have used existing building rooftops, personal wireless communications facili.- given the provisions of the 1996 towers, water tanks, and similar struc- ties on the basis of the environmental. 1el.ecomm.unications Act which strongly tures—and occasionally built new tow- effects of radio frequency emissions to favor the growth of the wireless cornmu- ers when no other alternatives were the extent that such facilities comply nications industry? available. with the FCC's regulations concerning Many communities, in.consultation Starting in late 1995,from three to six such emissions. (Editor's Note: For more with their legal counsel, are developing additional "next generation" Personal on the Telecommunications Act's require- or modifying zoning ordinances to PLANN ING COMMISSION ERS JOURNAL / N LIMBER 28 / FALL 1997 ensure local review consistent with the ters on a single tower). Incentives might requirements of the Telecommunications ` include tax abatements for "stealth or Act. Not as often focused on,but in the {I camouflaged towers, and an expedited Long-run even more beneficial, is strong review and approval process for towers county or regional planning for the siting proposed within preferred.land use areas, of cellular towers. This is best done using public facilities, or co-locating through a collaborative effort involving R with other providers. Ev`^Stealth"Towers,p.6 all parties interested in the issue—pub- 8. Prepare criteria or a checklist for ..: lic and private. : new tower approval (which can.be used ROLE OF COUNTY at the county/regional level, or adapted & REGIONAL PLANNING for local use).Among items which might County and regional planning agen- cies are well-situated to assist communi- `t _. • Review of site search ring analysis reports documenting the scope of the ties in making sure that new cellular applicant's search for existing structures towers are planned to minimize megative or property owners in preferred land use impacts. Given that cellular providers _ areas and the rationale for selecting the plan their networks from a regional(and ` site under consideration.. broader) perspective, it snakes sense for • Review of visual impact analysis, the public to plan for the siting of s. including "simulations" or digitally telecommunications facilities at the same Short tramopole-100'w/split panel array(cellular) reproduced depictions of a "virtual" siting scale—instead each locality seeking surplus highway right-of-ways. tower of like size and. type viewed from to plan for tower siting independently of neigh 3. Classify and.prioritize preferred various locations around the proposed. g communities. land use areas for new towels. This step site.see also,'Visual Analysis,"on page 11. Basseed.d o on my experience, the follow- will require cooperation and input not 9. Provide planning and engineering ing are some actions that county or just from local governments within the assistance to communities, including regional planning agencies can take.to country/region, but from the wireless help with review of tower applications. help ensure that. the siting of cellular communications providers. towers meshes with local (and industry) 4. Maintain a central data-base and needs. Time to go home.It's now map of inventoried existing structures, 1, Provide community educational ten-thirty RM. Everyone's potentially available public facilities and workshops and forums at which plan- land,and preferred land use areas, patience is westing a little thin ners, industry representatives, and local 5. Have wireless service providers The tower applicants lawyer did.n t residents can discuss— and begin to submit, and annually update, a county- know if the owners of the 440'FM cooperatively plan for— the develop- wide antenna network plan. radio tower on Harris Hill Rd.in the ment of cellular networks in their area. town had been asked if it could be 6. Develop criteria for tower siting used as an antenna site..The appli- cant's 2. Conduct a county-wide inventory and design, including preferred con- pp of existingstructures suitable for use as cant's radio frequency engineer testi- struction materials,types and colors,set- fled that he didn't believe the site antenna support platforms,such as com- back requirements, height restrictions, would work because it was 1 1/2 municati.ons towers,buildings 70' or accessory equipment location, fencing, miles from the site search ring and taller, water tanks, and inactive chim- access road criteria, co-location capacity would interfere with a cell site neys.As part of the inventory,also identi- certification, FAA lighting requirements, planned in an adjacent town.He fy existing or planned public facilities and ground screening. didn't have signal propagation cover- and lands upon which antennas might be 7. Develop incentives to encourage age traps with him to back-up his mounted or towers constructed—e.g., good tower design and co-location of assertion. government centers,public works opera- towers(i.e.,having more than one cellu- As the night.wore on,it only got tion yards, police and fire stations, lar service provider locate their transmit- co1Mi„ued on page 6 PLA NN ING COMM ISSIO N ERS ,JOURNAL 1 N UMBFR 28 J FALL 19977 _................. Wireless :` «ter";. _f. Planning for Cellular Towers T. f' Y continued from page. Network Design ? I- ;:_- worse.The applican.t's site acquisition The communications site consultant admitted he did not con- acquisition process is like.right-of-way �� ,{ T tact the towns public works director acquisition work associated with utility 1 .„ to see if the DPW's 40'roof-mounted facilit•build-out projects.Both involveN y p j - 1 l r� tow e r stub could be rebuilt to accom- land acquisition before the project can / proceed.An important difference is that ._;- ntodate.both the town's antennas and the applicant's base station equip the wireless industry does not have the _ t. power of eminent domain.As more wire- me In response to the neighbors'son- less carriers"mine"site.rings in each com- .; sewn about the health effects from munity,building and land owners are77 j . 7. L6 _...... �...,... ... radio signals emitted from the pro- becoming more familiar with the rules of Figure 1—The Pei frct Grid. posed antennas,the.applicants expert the game.Even when owners are aware of consultant told them that the high controversial proposed tower sites in their powered TV broadcast.towers and region,a willing owner with a suitable site — M Y 50,000 wart radio station signals can almost always be found within a typi- emanating from miles away were far cal site ring. , 7'h.ere are various techniques for %l 3' more powerful than what the appli- cants signal levels weree going to be. designing wireless communications The commission votes to table "grids."A grid is a set of geographic areas the tower application so that the or"cells"which organize the radio signals 3; for the specific wireless service so that y;.. applicant can do more homework ," _ and answer all the questions put for- needs of prospective users operating cellu- t / :� i^^ ward at the meeting.The neighbor- lar phones in the system are met. . hood folks are outside in the parking l..The Perfect Grid.A-perfect grid" lot discussing whether they should wireless network plan looks like a honey- .,;�- -M n.::•'.: ''- . hire their own lawyer to fight the comb with each propagation"ring,"or Figure 2—Site Rings cell,having a hexagonal shape which proposed.waver.Someone's cellular phone rings.It's one of their kids ask- interlockswith adjoining cells forming a ing his dad to pick-up a pizza they've seamless grid.See Figure l.. ordered for a sleep-over party.It's 2.The Grid-in-Progress.The.construe- "Stealth""Stealth" time to go home. tion program is rolled-out in phases with , rs emphasis on providing coverage first to No,they're not part of a secret the most lucrative areas within a market. Defense Department program."Stealth" Ben Campaneili heads Targeted areas include downtowns,subur- towers are simply towers which are cam- Commluest,a commum- ban commercial zones,industrial parks, oullaged in.ways to minimize their visibili- cations site acquisition entertainment districts,shipping facilities, ty For service providers,the often triple consulting firm which inter-state highways,marinas,and air- costs of building such towers must be emphasizes working close- ports. weighed against the potential legal and ly with government plan- 3,Site Rings.A coverage ring is the intangible public relations costs associated ni.ng and toning agencies total contiguous land area-which is intend- with an all-out.brawl with local govern- when siting towers for ed to be served by a cell site base station ment approval.agencies,impacted proper- industry clients.He has facility.A site search ring is the area inside ty owners,and neighborhood associations been involvedd with telecommunications issues the a coverage ring within which a suitable —as well as the lost potential revenue past eleven.years.Prior to that,he sensed in vari- "friendly"structure or land-base parcel generated by each site during the delayed ous positions with the City of Rochester;New must be acquired for use as a base station months it's not on the.air.See also"Cam- York,including Deputy Commissioner of Build- Facility.See Figure 2. ouflagin.g"on page 11. ings and Property Conservation. Campanelli is author of the Cellular Tower Guide,a resource manual for local officials,land- use planners and legal professionals on the wire- less communication business and site acquisition process.For ordering information,contact Cam- panelii at:20 Sh.aftsbury Rd., Rochester,NY 14610;phone&.J`ax: 716-482-4063;e-mail: cquest@fwntienict.net. PLANNIisG COINM I5S10NERS 10URNAL / NUMBER 28 / FALL 3. 997 WIRELESS TOWERS Sticks ire the Air, Stakes ire the Sand by R.Todd Hunt,Esq. t since the advent of fund- effectively eliminate the provision of collocation of antennas on existing tall ing for the interstate highway wireless services in the community or,at structures as "permitted uses" in local system, has federal legislation the other end of the spectrum, be overly codes will often provide the wireless had such a visual impact upon the land- permissive causing proliferation of such telecommunication companies sufficient scape as has a very small section of the facilities in the community adequate options for siting tower facili- tiesfederal Telecommunications Act of'1996. without facing a long, drawn-out review by a local planning or zoning Unless a community's municipal offi- board. cials, by rare-circumstance,have not received a tower facility application.from Furthermore, designating certain a personal wireless telecommunication ly-zoned areas, other more sensitive large tracts of vacant land in residential- service provider, they most likely have bumped up against [section 7N.1 of the commercial areas,or certain public facili- 1996 Act that deals with personal wire- ty use areas as areas for "conditionally- less service facilities and their relation to permitted uses"with stricter standards of review by a local planning or zoning local land use regulation. board has proven effective. An effective It is imperative that local. govern- ments update their local zoning and land A much more effective method of condition to be placed on such a condi- use regulations to accommodate the pro- developing zoning and land use regula- tional use permit is to require the compa- visions of Section 704 if they hope to tions has been to seek the assistance of ny to provide proof that it is unable to have much say in the siting of communi- both planning and wireless telecommu- locate its tower facility within,one of the cation tower facilities.As one of the tech- nication experts to perform a compre- "permitted use"areas in the local code. nical consultants I have worked with hensive study of the community; its This hierarchy of land use areas and over the past year continually reminds topography,its land uses and its pro- levels of administrative review of permits me, once"an engineering stake is driven posed.land uses in order to pinpoint spe- has already worked effectively in some in the sand",for a tower(analogous to the cific land areas in the community that are communities. For example,the new PCS proverbial "drawing of a line in the more acceptable than others for tower companies which are actively building sand"), the wireless tower technology facilities. out.their systems have greater flexibility dictates that the options for the siting of The next step is to create a hierarchy in the siting of such facilities and have surrounding towers is necessarily of those acceptable land areas that have readily sought those areas where the use reduced. been identified in the study.The concept is"permitted" rather than "conditionally In assisting various communities of an overlay zoning district works well permitted." over the past year on these issues,I have in this situation. The overlay district With the multitude of personal wire- seen several trends develop. Some com- retains the underlying zoning regula- less service providers entering the mar- munities attempt to deal with the 1996 tions, where not specifically superseded ket-place,municipal officials must direct Act by using traditional zoning methods by the new regulations, and does not the tower facility's engineering stake to of confining tower facilities to certain necessarily track existing zoning district be driven in a Place in the sand which is zoning districts, such as industrial and lines. most desirable to the community and its commercial districts,and.imposing very For example, certain large tracts of residents.* restrictive height,setback and aesthetic governmentally-owned.land,large indus- R.2bdd Hunt,a partner with.Walter&Haver- requirements, such as substantial land- trial sites,limited access highway loca- field,P.L.L.in Cleveland,Ohio,is an experienced scaping,painting of facilities certain col- tions, and high tension electric power 'trial and appellate lawyer and legal counselor on ors, or even camouflaging towers to line areas may be more acceptable for municipal law,land use,and constitutional issues. make them appear to be trees in the towers than certain general commercial The above article is reprinted with permission Of neighborhood. areas or residentially-zoned areas. Desig- the publisher from the Mayljurle1997 edition of Depending upon the size and charac- nating some of those more acceptable Municipal Lawyei;published by the International teristics of the municipality, these tradi- areas as "permitted use" areas for tower Municipal Lawyers Association (I 100 Vermont tional zoning methods can either facilities and designating the location or Ave.,N.W,Suite 200,Washington,DC 20005). PLANNING COMMISSIONERS JOURNAL NLIM13ER 28 FALL 1997 WIRELESS TOWERS ...........—_ The Telecommunications Act of 1996 by Brian J.Sullivan,Esq. the Telecommunica- PCS sites—regarding RFR. As long as obtain required permits for towers than it tio.ns, Act of 1996 (TCA), Con- the operators of those facilities comply was some years ago. However, cases gress and the President placed with the applicable FCC regulations, decided under the TCA demonstrate that the United States squarely on the infor- state and local.land use authorities are state and local governments cannot.treat mation "superhighway."At its core the preempted from taking action based on providers who"got there first"differently TCA seeks to ensure that American con- RFR. In contrast, zoning boards and than those who follow. Such treatment sumers and businesses will have access planning commissions may continue to would give an unfair competitive advan- to increasingly sophisticated communi- regulate RFR levels for other facilities, tage to the early market.entrants. cation-,technologies at competitive rates, such.as television and radio stations. For example,a court has ruled that a During the decade preceding enact- zoning board's denial of a permit for a meat of the TCA,the demand for cellular PCS provider because two cellular communications services grew at an • providers were already providing service annual rate of 30 to 35 percent. In order in the same area constituted unreason- to meet this demand, the companies able discrimination. Similarly,under the licensed by the Federal Communications TCA a municipality may not simply Commission(FCC)to provide these ser- decide that it already has enough towers vices sought to construct "cell sites" on and,on that basis,deny an application. buildings and existing communications While the TCA makes clear that no municipality may flatly exclude personal towers. Despite their efforts,no suitable wireless service facilities from within its structures existed in many areas,and the providers sought permission from zon- As the FCC has observed, most borders, the law also invalidates local ing boards and planning commissions to Lower-mounted cell sites emit RFR at le-v regulations and decisions that have the erect new communications towers.Many els that are hundreds to thousands of effect of preventing a personal wireless of these applications faced opposition times below the applicable exposure lim- service provider from offering effective from nearby residents who voiced fears its. Therefore,where the tower-mounted service. of this seemingly new technology antennas are more than 10 meters(about Thus a court has found that a munic- ,L)New lechnology or Old? 33 feet) above ground level, the FCC ipality's denial of permission to construct The TCA attempts to address the "categorically excludes" cellular a PCS site in an area necessary to serve a localized resistance to this evolving Lech- providers from having to prove compli- busy Interstate highway corridor(where ante with the FCC's RFR regulations. In competing companies were providing nology by instituting a national standard for the consideration of cellular and per- other words, the FCC presumes such uninterrupted service)violated the TCA. sonal communications service (PCS) compliance, The court reasoned that the denial would facility applications,See"Personal Communica- References:47 U.S.C. 332(c)(7)(B)(iv),In the have increased the PCS provider's costs Matter of Guidelines for Evaluating the EnAron- —by requiring it to find a less desirable, tiomiSmices",page 10.That standard contains mental Effects of Radiofrequency Radiation,ET alternative site—and thereby reduced three main components: (1) regulation Docket No.93-62,Report and Order(FCC,Aug. its ability to compete throughout.its of radio frequency radiation (RFR); (2) 1, 1996); Second Memorandum Opinion and prohibitions against activities that effee- Order(FCC,Aug.25,1997). entire network. Lively prohibit the provision of wireless In another recent example, a state service or discriminate among providers-, 2.Activities that Effectively Prohibit land use court invalidated the zoning and (3) mandates.to conduct the local the Provision of Wireless Service, or regulations of a Vermont town that effec- Discriminate Among Providers. tivel excluded cell sites from all.of the hearing process in a manner that ensures Iv clue process and timely decision making. The FCC typically licenses two cellu- high ground in that town and limited lar providers and up to six PCS providers sites to valleys and floodplains. In mak- 1.Radio Frequency Radiation(RFR) in each "market." The TCA mandates ing this ruling, the Court held that: "In Only the Federal Communications Com- that competition between these providers mountainous and forested terrain, and mission (FCC) may regulate personal be open and free. In.the land use climate especially in relatively steep and narrow wireless service facilities—cellular and that exists today, it is more difficult to valleys, cellular phone technology PLANNING COM MISSION ERS JOURNAL NUMBE. R. 28 FALL 1997 demands a site that is relatively high in permit applications in that locality. Brian J.Sullivan,Esq. comparison to the surrounding topogra- • Denials Must Be in Writing and Be is a member of the Burling- phy." Hence, in such areas, municipal.i- Supported by Substantial Evidence,if there ton, Vermont law firm of ties must make reasonable provision for is an appeal.from a denial of an applica- Burah Anderson&Mel- personal wireless service providers to tion for a personal wireless set vice facili- Toni, PLC. He graduated have access to the high ground. ty,the state or local government bears the from the University of References:47 U.S.C. 332(c)(7)(B)(I)(i);West- burden of proof to show that it based its Chicago with.General and ern PC5 II Corp, v. Extraterritorial Zoning decision on substantial. evidence con- Special Honors and from Authority of the City and County of Santa Fe,et tained in a written record. The courts Harvard.Law School cum al.,957 ESupp. 1230(D.N.M. Feb. 27, 1997); laude.Sullivans areas of practice include environ- have made clear that substantial evidence mental and land use law and telecommunications Sprint Spectrum,L.P v.Jefferson County, 968 r means more than mental statements issues. He has represented ESupp. 1457 (NI.D.Ala.July 31, 1997); I.nited p esented communications States Cellular Corp.v.Board of Adjustment of the for which no explanations are provided." providers,as well as municipalities,in a variety of City of Des Moines, Iowa,LACL NO. CL 000 Further, the mere existence of opposi- environmental and land use matters. 70195(Iowa District Court.for Polk County Dec. tion, even numerous and outspoken, 31, 1996);In re Appeals of Vermont RSA Ltd. does not constitute substantial evidence Partnership d/b/a.Bell Atlantic NYNEX Mobile, and,by itself,does not suffice to support. New Technology Docket Nos.E96-192 and F96-205(Vt.Env. Ct. C July 18 1997) a decision to denrr an application fora � or Old? personal wireless setvice faciliy.. .. 3. Affirmative Obligations on State Instead, substantial evidence re- The basic technology quires reliance on specific, concrete evi- employed at cell sites has existed for dencere- and Local Decisionmakers p decades.A cell site consists of radio equip- 9 Decision Within a Reasonable Peri- board presented to the state board local men and antennas that transmit.and od o Time. Congress, concerned that boards. The state or local board must f g "provide written findings of fact which receive radio signals at.the upper end of opposition to applications for cell si€es the ultra high frequency portion of the "i b ti id their evidential ass. would result in delays in the local.hear- indicate the electromagnetic spectrum..Due to lack of ing process, mandated,that zoning and References:47 U.S.C. 3.32(c)(7)(B)(ii);Bell. Use by television broadcasters,the FCC,in tannin authorities act on such a hca- South Mobility, Inc.v. Gwinnett County,et al., the early 1980s,reallocated:these frequen- p g pp 944 ESupp 923 (ri.D. Ga. 1996); United States tions within a reasonable period of time. Cellular Corp.v.Des Moines,supra;Illinois RSA Lies to be used for cellular service. Courts determine reasonableness with No.3,Inc.v County o f Peoria, 963 F.Supp. 732 Recent technological advances have reference to the type of application (C.D. Ill.Apr.28, 1997);Sprint Spectrum v Jef- reduced the price of cellular services mid involved.For example, the time typically ferson County,supra;.Seattle SMSA Limited Part- have made more sophisticated options— nership,et aI.a San Juan County;No.C96-15212 such as voice mail and al hanumeri.c mes- needed to rule on a conditional use (WD Wash Apr 11,1997). p application for a personal wireless ser- _ sages---available.Nonetheless,cellular vice facility should be no different than. SUMMING UP: service constitutes a natural evolution of the time needed to rule on an other con- an older method of.communication rather The thrust of Section 704 of the than a dramatic shift in technology:Since ditional use application. Telecommunications Act is on fostering the 1.920s,first broadcasters,then two- In the first months after enactment of the growth of cellular and PCS technolo- way radio and paging companies,have the TCA,the delays that Congress feared gies. To help achieve this, the TCA.bars been constructing towers on which they did materialize in some communities. local regulations that have th.e effect of have mounted antennas that ernit.radio Because of these delays (and concerns prohibiting the siting of cellular and PCS waves.Most of those broadcast towers are that remanding an overturned denial to a towers,or discriminating among service far taller and emit signals of much greater local zoning board would simply result providers. Given the continuing surge in power than those used at cell sites. in more delays or another denial),courts demand for personal wireless services have issued writs of mandamus, com- and the corresponding increase in local pealing boards to issue permits as soon as permit applications for personal wireless possible.Very recently,a court has invali- service facilities,it behooves local zoning dated a moratorium that prevented per- and planning officials to follow these sonal wireless providers from filing any development.,closely. I' I-ANNING COMMISSION ERS JOURNAL- / NUMBER 28 / FALL 199 7 WIRELESS TOWERS A Wirel i llny Editor's Note:Thanks to those Unlike cellular services, lular industry petition.,it hint- ' full antenna capacity,but in no Of you who provided its with infor- PCS providers are issued a ed at its position by"tentative- event fewer than two addition- mation about your community's blanket license by the com- I ly concluding"in a July 28, al antennas from.two addition- approach to dealing with.wireless mission for their entire geo- 1997 Public Notice(FCC 97- al providers."The owner/ Cowers. Much of the material in graphic area,and are not 264)that"moratoria of a fixed ! operator is also required"to this"Miscellany"conses from your I required to individually license duration,which permit local sign a statement that all dis- input,Our apologies if you sent in with the FCC each transmitter officials the opportunity to pates with future providers information we were unable to 1 site within the market area. study and develop a process I concerning co-location and the include. Another distinction.is that the for handling siting requests terms and conditions of co- FCC uses different geographic 1 would be a legitimate exercise I'I location shall be submitted to Cellular Growth market areas for licensing pur- of local land use authority... E commercial arbitration.... Booms poses.Instead of using MSAs moratoria of a relatively short Given the Citys strong prefer- Telecommunications com- and RSAs as in the case of cel- and fixed duration may serve ence for co-location.,tower panies continue to report steep lular,for broadband PCS the the public interest." heights up to 199 feet are growth in.wireless customers. ! Commission adopted Rand The documents cited above allowed(in order to accornrno- During 1995,Ameritech saw McNally's definitions to divide are available on the FCC-'s Web date the extra height usually its number of cellular cus- j the United States and its Pos- site:http://www.fcc.gov/wtl)/ needed for locating additional tomers rise 45.6 percent to sessions and Territories into 51. —which is also an excellent antennas on a tower). almost 1.9 million.Bell major trading areas(MTA)and place to keep up-to-date on I Daly City,California's,new Atlantic NYNEX Mobile reported a 43.4 percent 493 basic trading areas(BTA). FCC policies and rulings, wireless communications ordi- J nance similarly encourages co- Moratoria Co-Location location..When applying for a increase in customers over the ppvtn g same period.The BellSouth The FCC is currently con- I Co-location(sometimes permit,"the applicant shall Corporation saw its revenues sidering a petition filed by the spelled"collocation")is when specifically state the reasons from wireless communications Cellular"Telecommunications i more than one antenna or ? for not co-locating on any of increase nearly 70 percent Industry seeking to prohibit all transmitter is located on a sin- the existing monopoles and between the end of 1993 and j local zoning moratoria affect- gle tower.The principal ben;- , lattice towers within a 3,000 1995,compared to a 1.3 per- I ing the siting of wireless fit from.co-location is that I foot radi.us....the applicant cent increase from its overall ! telecommunications facilities. fewer towers are needed.to may also be asked.to provide a i The FCC's Local and State serve a given area.This � letter from the telecotmttunica- operations.. Government Advisory Corn- reduces the overall visual E tions carrier owning or operat- Pelrsonal tnittee has opposed this impact of towers on a commu- i ing the existing facility stating Cof1111i'lUilic3t1onS request noting that:"Moratoria nity.Co-location,however,can ; reasons for not permitting co- Services have permitted communities, necessitate taller towers in location.."The Daly City ordi- often in close consultation order to accommodate multi- I nan.ce also provides that."as a PCS stands for"personal with industry representatives, ple transmission devices.It condition of approval.for all communications services,"a to modify out-of-elate regula- can.also raise tricky issues i freestanding monopoles,all method of communication tions and facilitate the place- involving"good faith"negotia- telecommunications carriers similar to cellular.One of the meat of facilities.In many tions between the company ! proposing a monopole shall. attractions of PCS is that it. communities,the adoption of owning the tower and poten- provide a written commitment provides higher quality recep- a moratorium has been fol- tial competitors seeking to to the Director[of Economic tion and allows for the trans- f lowed by the adoption of clear share space. &Community Development] mission of data;as well.as siting policies and procedures Co-location has become a [ that they shall allow other V03.C£(though cellular Ithat properly balance local favored policy in many com- wireless carriers to co-locate providers are developing com- 1 safety and aesthetic concerns j munities and regions.For antennas on.the monopoles parable capabilities).PCS uses j with the desire of many local ! example,the City of Solon, where technically and eco- higher frequencies than cellu- ' residents to have access to reli- ! Ohio's ordinance provides that nomically feasible." lac,which results in PCS sig- 1 able personal wireless as a condition of issuing a I In.Vermont,the Windham. pals traveling shorter distances services."Advisory Recommen.- permit to construct or operate Regional Plan includes a policy than cellular signals.For this �I dation Number 4(June 27, a tower in the City,the 1 to"discourage the develop- mason,atypical PCS system 1997). owner/operator of the tower is 3 ment of new sites for transmis- wil.l require more sites than a While the FCC has not(as required to allow co-location ! sion and receiving stations in typical cellular system. i of October 1)riled on the cel- until said tower has reached favor of utilizing existing PLANNING COMMISSIONERS JOURNAL / NUMBER 28 / FA L L 19 9 7 facilities."This policy was recently applied by the state Environmental Board in deny- ing a land use permit for a 110 i ? foot communications tower. PgR The Environmental Board con- aMktUh}i� I n v,, I ki chided that the applicant failed to adequatel identify and assess existing facilities and '+r� I failed to negotiate in good forth with the owners of other ! �y�' •�� existing facilities.Gary Savoie, ��i�� #2W0991.-EB(Aug.27,1997) [Note:The Board's decision. ! f{ contains an interesting analysts � tY 5, `�' ,�,: I {,• �`' '` of some of the issues that can G � come up in determining t lttf,x:'iat�i,�rlhtnsxa tuikn whether an applicant has been negotiating in"good faith"to existing buildings,by provid- I ly or wholly conceals the like Date Palm or Lodge Pine. co-locate on another carrier's j $ tower]. I ing a simpler review process I antenna or minimizes its trees.Similarly,Stealth Net- The City of Overland Park, I for those applications, appearance in relation to the 1 work Technologies of North Kansas,communications tow- According to city planner principal use of the stealth Charleston,South Carolina, ers ordinance contains several Bonnie Johnson:"The plan structure." designs and installs antenna provisions designed to encour- ad°pled b}'the City Council Planning Director Kathi sits.s concealed in bell towers, age co-location.One limits ini- takes the approach of being Ingrish notes that"Duke false chimneys,and other cus- tial special use permits for flexible on location but strict Power Company has.begun tom-:made structures. towers to five years."At the on design.The ordinance offering their transmission time of renewal the applicant ! allows wireless communica- towers as antenna locations,so 'Visual Analysis shall demonstrate to the satin- lion facilities in any zoning i we specifically wrote in As Ben Carnpanelli suggests district as long as it fits its sur- , allowances to exceed height in his article in this issue(see faction of the City that agood- I hope.soundings.The ho is that by limits when on existing a 5 tanners can require faith effort has been made to i p g'•1,P qu� being lenient on location and ; `stealth'structures."l.ngrish cooperate witb.other providers tower applicants to provide a to establish co-location at the creating a relatively simple j also observes that"for visual analysis or simulation of tower site."The ordinance approval process---for exam- f Matthews,what I see as the I`I what the tower will look like ple,antennas placed on exist- saving grace'is the local l in its surroundings.A number defines"good.-faith effort"as g - ing buildings can be approved power company's participation of communities have incor o- including"timely response to P t administratively—telecom- eo-location inqui rom in thetype q . communications game. rated this t e of requirement other providers a sharing of ries f I i munication providers will They are marketing themselves f into their telecommunications nd choose the path of least resis- as a host for antennas.Since technical information to evalu- tower ordinances. Lance which are camouflaged there are four transmission The City of ate the feasibility of establish- y Overland Park, facilities or roof tops in tom lines running out from a ten- Kansas,for example,requires ing co-location.." i mercial areas." tral point,and their towers are p q that a special use permit appli- Along similar lines,the ; much taller than anything else Camouflaging cation.for a communications Towers Town of Matthews,North around,they provide good tower include,among other f Carolnia,seeks to encourage opportunities for antenna loca- things,"a photo simulation of Another policy encouraged "stealth"towers by allowing tions without adding new I the proposed facility from in many new telecommunica- them within residential dis- spikes into the horizon." ! effected residential properties Lions tower ordinances is to i' tricts and by authorizing A number of companies and public rights-of--way as camouflage towers and related increased heights for stealth have already recognized that I coordinated with the Planning equipment,or make them as j towers in other districts.The there is a rapidly pid growing�'� g mar- I. staff,"Similarly,Daly City,Cal.- inconspicuous as possible. Matthews ordinance defines ket for camouflaged towers. ! ifortria's ordinance provides for The.City of Liberty,Mis- _ "stealth or concealed strut- The.Larson Company,based in "visual impact demonstrations souri's wireless communica- ture"as"the support structure I Tucson,Arizona,has built on ! using photo-simulations... lions ordinance encourages the for a communications systern j its specialty of fabricating arti- elevations or ocher visual or use of"alternative tower strut- which is primarily for another I fecial landscapes for theme graphic illustrations to deter- principal(such as grain silos,aril- pri.nci.pal use or accessory to parks and zoos by developing mine potential visual im.pact.." ity poles,clock towers,and the principal use on the lot ways of disguising poles so steeples),as well as other I where it is located,and partial- that they look,for example, continued on page 12 PLANNING COMMISSION ERS JO UR.NAL / N UMBER 28 / FALL 1997 Visual Analysis j involving the construction of mental impacts,community I of the proposed tower.if the continued from page 11 ! new freestanding towers. character,and otbex factors. FCC,after review of the corn- Sonoma,California's new Claremont,California, To assist wireless providers, ments,makes a finding of"no wireless ordinance requires planners note that this the Commission has integrated significant impact,"the project that applicants"submit a visu- I approach"makes it easy to into its geographic information has cleared NEPA scrutiny. al analysis,which may include obtain permits for the types of system(CIS)aCape-wide I More information on FCC envi- photo montage,field mock up i telecommunications facilities ` inventory of existing buildings f rotrmental review and other sit- or other techniques,which that the community prefers, I and structures which may be ; q ! ing questions is available in identifies the potential visual such as facade mounted or suitable for antenna installa- j FCC Fact Sheet#2,National impacts of the proposed facili- concealed roof mounted I Lions.The towns have also Wireless Facilities Siting Poli- ty Consideration shall be I antennas,and makes it.more provided information on areas ties.This 39-page document is given to views from public difficult and expensive to in which wireless facilities g P i � available by fax:202-418-2830 auras as well as From private i obtain approvals for the types would be both appropriate and (reference document#6508), residences.The analysis shall i of facilities that the communi- inappropriate.This has been and on the FCC's Web site: assess the cumulative impacts ty wants to discourage,such as incorporated into the(;IS httl);//www.fcc.gov/statefylocaI/ of the proposed facility and freestanding monopoles." maps(along with water other existing and foreseeable f The Cape Cod Commis- i resource and conservation ��d Profits telecommunication facilities in l sion,in a model bylaw(i.e., areas,state and federal lands, the area,and shall identify and ordinance)prepared for its and electric transmission.cor- � from Towers include all feasible mitigation member towns,employs a rdiors).The Commission is If you can't stop towers measures consistent with the tiered review process.Accord- currently in the process of I from coming in,why not at technological requirements of i.ng to the Commission:"New identifying scenic viewsheds to ! least profit from them?That's the proposed telecommunica- ! facilities which locate on an. include on the maps as well. ! the approach Gastonia,North tion service.All costs for the I existing tower,monopole, Carolina(population 62,000) visual analysis,and applicable electric utility tower or water jar®iiri°SL'r9tal and some other communities Review have taken b encouraging administrative costs,shall be tower require no special per- � + y g $ borne by the applicant." j mit under the bylaw,as long as In implementing the towers to be located on mun.ic- j they do not increase the height National L-nvironmental.Policy I ipal property,such as parks, 'Me Ted" Review of the structure and as long as Act(NEPA),the Federal.Com- l golf courses,and school.fields. A number of communities they gain site plan approval. munications Commission According to Gastonia that have recently adopted The second tier proposed in requires applicants to prepare planning director)ack Kiser, telecommunications tower the bylaw would allow new ( "environmental assessments" "the city actively markets ordinances have made use of ground or building mounts for towers that are proposed to municipal property to the cel- "tiered"review.This approach j anywhere in tower by special be located in certain environ- lular industry as site loca- seeks to encourage new anten- I permit.,provided they meet I mentally sensitive areas, tions."The approval process is nas to be located on existing i standards for height,camou- i including:officially designated much simpler when a site is buildings(or co-located on flage,setback,safety and wildlife preserves or wilder- Proposed on municipal land. existing towers)by providing design.The third.tier is for it ness areas;1.00-year flood- For example,no public hear- for quick approval,often facilities which exceed the plains;situations which may ings are required.Kiser reports administratively by staff,in bylaws height restrictions. affect threatened or en.dan- that Gastonia can earn in those cases.Closer scrutiny Such facilities would be i gered species or critical habi- excess of.$15,000 per year in is given.to applica- allowed by special permit only i tats;or situations which may i lease payments for a tower Lions in a designated overlay district cause significant change in I located on city property.More- which the town has decided ! surface features,such as wet- over,if a second cellular can accommodate:the new land fills,deforestation or � provider co-locates on.a tower structures." water diversion.In.addition, (as the city encourages),the a J. In addition,the Cape an environmental assessment j city takes in 50 percent of the Cod Commission itself must.be prepared when sites I payment that provider makes reviews most new listed or eligible£or listing in i to the tower owner.All told, tower proposals as the National Register of His- Gastonia will earn$80,000 "developments of toric Places may be affected. next year from the five towers LL., regional impact." The fact that an environ- i (four of which have co-loca- The Commis- mental assessment is required i tors)currently on city-owned sion.has adopt- does not necessarily mean the j laud.These towers will yield ed criteria for jj' tower cannot be built.It does, $3 million over a 25 year peri- "� elraluating i however,call for public notice od,not counting taxes,if they • F. towers based j and opportunity to comment stay that long. on environ- i on the environmental impacts i The city has also benefited P1_AN N IN G COMMISSIONERS JOURNAL / N U MAER 28 f FA LL 1997 by being able to Some If elected and appointed offi- co•locate,at no `. Observations cials are getting tired of this,and cost,all munici- pal • are approving most tower antennas ._ by Robert Baldwin requests anyway,it probably (emergency,non- "' Municipal tower regulations ulations can P g makes sense to restructure the emergent};and generally be divided into the fol- regulations to allow towers by mobile data termi- �. lowing broad categories: right in certain locations,but pals)on the towers 1.Regulations that require prohibit them in other areas.For being built. every request for a tower to go example,a city might allow,by Kiser believes that res- through a zoning process of right,communications towers up idents are not as upset when some sort,either to obtain a spe- to 1.20 feet in height in all i.ndus- they see that the city will «..., cial exception,conditional use trial zoning districts,as song as financially benefit from tow- permit,or some other type of the towers are at.least 300 feet ers that would likely be built commission approval; from the nearest residential zon- in any event.This is especial- ay Q`a 2.Regulations that.allow ing district. Iy the case if some of the rev- I towers by right in some districts, This t of approach works such antenna or type PP enues can be earinarked to provided that certain.develop well provided that the areas improve the public area with- tower at the owner's expense." P I ment standards,such as setbacks where towers are permitted are in which the tower is located. ; from residential district.-,,are Kiser also notes that the p��C Health from across the city t City Impacts met,but prohibit towers in resi- officials do not.have to hear and telecommunications comps- { dential districts; decide every tower request.,resi- nies have supported the ciry's i [From a report published by the 3.Regulations that through dential areas can be protected policy,since it meets their top 1Vermont Natural Resources the use of such stringent Iota- from new towers in close prox- priority of getting their facili- Council] tional criteria on the placement ties installed as quickly as f P unity:and communications emu- possible. "The.electromagnetic spec- of.towers essentially prohibit panics will know in advance truth consists of both ionizing them;or where their towers can go. Abandoned and non-ionizing radiation. 4.Regulations that are silent 1 have also worked in com- jIonizingforms of radiation as t mt.o tower locations or exe '(`®+Vd�l'S 1 p munities with ordinances so j include ultraviolet rays,Y-and towers from the height regula- severe that towers are essentially While right now it's boann j Gamma rays,and Cosmic rays tions established in the zoning prohibited..Since the Telecom- thnes in the wireless commix- from the sun.Their harmful regulations, munications Act now provides nications industry,its always I effects;particularly their Most of the municipalities that local regulations cannot hard to predict where tech- potential to cause cancer,are we work in require that every ^prohibit or have the.effect of nalogy will be ten or twenty well known,•„ tower be approved on a case-by- prohibiting the provision of per- years from now,As a result, i Radiofrequency fields, case basis.The regulations often sonal wireless services"these many communities with new I including microwaves,are l do not specifically address wire ordinances may run afoul of the wireless tower ordinances within the non-ionizing spec- less communications towers,but federal law. have wisely included provi- trim,but that doesn't mean the cities have determined that There ate also communities sions making the tower they re completely safe.Their these types of towers fall under owner responsible for remov- known danger is that under whose zoning ordinances are the generic land use for radio, totally silent on towers.Chances ing the structure if it stops � some circumstances—for television,or microwave towers are,if an ordinance has not been being used for communica- � example,at the transmission. and,as such.,require tions purposes. j point for FM radio signals— qre a specific revised in the last ten years,tow- The Overland Park, II they can produce enough ener- use permit or are classified as ers are either not mentioned or Kansas,communications conditional uses. exempted with a passage.that gy to cause heating in conduc- P P" g tower ordinance is typical in tive materials,including In my experience.,cities that reads"height limits do not apply providing that"any antenna human tissue.The heating,or require every tower to be heard to radio or television antennas." or tower that is not operated "thermal,"effects of high-fre- and approved by a board or com- If your ordinance falls into this for a continuous period of quency,non-ionizing fortes of inission tend to have the hardest category,it is a good idea to fix it. twelve months shall be con- radiation are understood;to time with.towers.This is espe- cially the:case in larger Robert Baldwin is a planner er commu- sidered abandoned;and the t prevent them,owners of g with.the Dallas, Texas,law fri-in of owner of such antenna or broadcast towers are required nities,where a board or commission.may be facia sever- Munsch Nardi.Kopf Harr fx Dinah. tower shall remove the same I to erect fencing and/or post g He has been involved in the siting of within ninety days of a signs to keep the public at a al tower requests a month.I have receipt of notice...I[such I distance from the facilities. been to a meeting where the a number of winless cowers. antenna or tower is not I Where the opinion of sci- board of adjustment heard 15 removed within said ninety i ence is divided,however,is in separate tower requests! days,the governing authority I continued on.page 14 PLANNING COMMISSIONERS JOURNAL_ / NUMBER 28 1 FAI, L J. 997 Public Health Impacts the public at a distance.And The report is available for$10 of service. conrinued from rage I3 the new NCRP standards... from the Vermont Natural It is also worthwhile to i calculate only for thermal Resources Council,9 Bailey [ keep in mind that the antenna regard to exposure to non- calculate Questions about Ave.,Montpelier;VT 05602; structures required to deploy thermal(or athermal.)energy i waves,which do not heat body r long-term,low-level exposure 802-223-2328;a-mail: personal wireless services can � remain.unaddressed..., j 17NRC@plaiii-field.bypass.com be used for other purposes that tissue....While proof of dan- i Concern about thehealth could benefit your communityger from exposure to non-then- i Additional information about effects of emissions from a eel- For example,a community mal RFR[radiofrequen.cy I the health impacts of c gwsure to i ! radiation.] thus far has lular tower is not a permissible Q�ctro-magnetic fields is avail- that has a long-term plan to basis for making local zoning i able at the National Institute of improve its public safety coin- remained elusive,theories of. i negativemun.ications may be able to effects include that I decisions if the tower is in Environmental compliance with FCC EnvironmentalHealth Scienc es ! p expedite that process by team- such exposure indirectly dam- dards;it is,howesver,a permis- Web site:http://wwwnielu. ages DNA,and,perhaps,the 1 nih.gov/emfrapid/html/0ther:htm I tog with personal wireless ser- sible basis for regulating radio i vice providers to construct electrical.transmissions ! I and television towers,and new sites that could he used. involved in the nervous sys- other facilities that do not fall Wireless Benefits for deployment.of both public lean...,The Cancer Jounral l within the definition of`per- i The Federal Communica- safety and.personal wireless (Vol.8,No.5)provides a cau- sonal wireless services:More- ! tions Cormmission on the ben- I communications. Further- tious voice,stating:`Lpidetmi- i over local authorities may efits of wireless technology:gY more,wireless Lelecommunica- ology has seen a large number I regulate`personal wireless ser- "Personal wireless services tion.s and data services play an of examples where health haz- 1 vice facilities'to the extent are not just car phones for increasing(and.increasingly ard.s were initially described they do not comply with the businesses.Due to technolo i- with unconvincing and some g sophisticated)role in provid- FCC guidelines....But first it cal innovation and the contin- f ing healthcare services.Per- times inadequate experiments must be determined that theyuin availability of additional Per- which demonstrated a weak I g y sonal wireless service are out of compliance. spectrum,PCS and cellular providers may also serve as a association with a given envi.- i Spot inspections by the providers are offering light- I lower-cost source of advanced ronrnental influence.Such FCC are not routine,and Ion weight portable hones at. associations were found i g o P P telecommunications capabili- I periods of time separate a facil- I increasingly affordable prices ties for schools and libraries." between cholera and drinking ' ity's relicensing procedure, that enable consumers to make r water containing feral contain- when such an evaluation and accept calls anywhere and From FCC Fact Sheet#2.lnfor- inan.ts,between smoking and i mation on.how to obtain this might.be done.Thus it would at anytime.It is also anti.ci.pat- � docu.ment is available at the end cancer or between expo- seem an appropriate invest- ! ed that providers of personal sure to vinyl chloride and cer- 4 of the"Environmental Review" 4 ment for Vermont's state gov- wireless services will offer Lain forms of liver cancer.All note on page 1.2. i en-iment...to see to it that wireless computer networking these associations were highly i municipalities were equipped j and wireless Internet access. questioned in the past.and are and enabled to periodically Many PCS providers also i now well recognized.'... determine the compliance sta- intend to offer a service that On August 1,1996, € r tus of the towers and transmis- will eventually compete direct- i responding to the Congres- sion facilities within their ly with.residential local sional mandate as enunciated ! borders." exchange and exchange access i in the TCA[Telecomtnunica- services.The inherent flexibili- tions Act],the FCC adopted Reprinted with permission.from. i P , t of wireless services makes it I Telecommunications and � y new health and safety regula- i possible to introduce new ser- ! lions for exposure.These are [ Broadcasting Transmission I Facilities in Vermont(August i vice offerings on a dynamic based on standards established 1997 Vermont Natural basis as consumer demands by the National Council on grow and change. Resources Council). Radiation Protection and Mea- I Wireless services are also surement,a congressionally I ,Editort Note:While this just- integral to many businesses chartered organization.... released report primadly.focuses that rely on mobility of their They are scheduled to become on wireless communications operations to provide goods effective September 1,1997. within Verrnontk regulatory con- and services to consumers. It is important to note that ! text,it does include material Communicating by a wireless 1 the FCC addresses health con- I which may be of interest to read- I network enables companies ! cerns by controlling for expo- ! er s outside of Vermont—in in various businesses,from I sure—not emissions.A f'f particular,two chapters dealing, car rentals to package.delivery, i licensee might simply be I respectively,with radio frequency to operate in a more efficient required to post signs or erect l interference and public health 1 manner,and.to ultimately fences around a microwave li impacts(from which the materi- lower the cost to the consumer j 150'Lattice tower with microwave L transmission facility to keep : a}in this sidebar was excerpted) while improving the quality dishes. P L A N N I N G COMMISSIONERS JOURNAL / NUMBER 28 / F A L L 1 9 9 7 On the Horizon i the broadcast antenna facility I Wireless The broadcast industry this I has been determined by the � — 'Miscellany Commission to comply with August filed a petition with the f its applicable regulations . Contacts:FCC to drastically curtail state and local review of the siting I and/or encpole..es concerning Cape Cod Commission of DTV(digital television) ! interference.... j Gay Wells at: Further,the rule would pre- towers—the"next genera- 508-362-3828(phone); tion"of broadcast towers, I erupt all state and local land [ 508-362-3136(fax) According to the FCC's use,building,and similar laws, notice of rulemaking:"Peti- I rules or regulations that impair ( Claremont,California. j the ability of licensed broad- Lisa Prasse at: tioners state that the accelerat- i casters to place,construct or 909-399-5486(phone); ed DTV transition schedule rnodify their transmission 909-399-5366(fax) (approved by the FCC]will facilities unless the rarnul at- require extensive and concen- j p g ! Daly City,California ing authority can demonstrate I Al Sava dt trated tower construction. y` .: I that the regulation is reason- Iq15-991-8033(phone) They estimate that 66 percent I p of existing television broad- , able in relation to a clearly defined and expressly stated Gastonia.,North Carolina casters will require new or health or safety objective.'' .Tack Kiser at: upgraded towers to support The FCC's notice of.rule- 704-854-6652(phone.); DTV service,involving an esti- making goes on to state that: l 704-864-9732(fax) mated 1000 television.towers. I "To the extent that state and ! Moreover,they state,as a Liberty,Missouri local ordinances result in f Bonnie)ohnson at: result of the increased weight delays that make it impossible 816-792-6000 x3107(phone) and windloading of DTV facil.i- for broadcasters to meet our J ties and other tower con- Matthews,North Carolina construction schedule and straints,a number of FM Kathi Ingri.sh at: provide DTV service to the broadcast stations which have 704-847-4411(phone); collocated their FM antennas i public,important Congres- 704-845-1964(fax) on television towers will be I sional and FCC objectives I forced to relocate to other ! regarding prompt availaliility Overland Park,Kansas existing towers or to construct of this service to the public.". Leslie.Karr at: new transmission facilities.... I would be frustrated.At the 91-3-845-6190(phone); Petitioners propose a rule f same time,we are sensitive to 913-895-5013(fax) f the rights of states and local.i.- Solon,Ohio.which provides specific time limits for state and local gov- ties to protect the legitimate ! Edward Suit at: interests o r c f their and ernment action in response to 330-399-8964(phone) requests for approval.of the we do.not seek to unnecessari- ly infringe these rights, Sonoma,California.. placement,construction or Sandra Cleisz at: modification of broadcast The Commission recog- transmission facilities... [gen- I nines its obligation to'reach a I 707-938-3743(phone) erally] requests would have to fair accommodation between Vermont Environmental Board. be acted upon within 45 days. I federal and nonfederal inter- f David Grayck at: Failure to act within these j ests.'...Thus,it is incumbent I 802-828-5444(phone) time limits would cause the I'I upon the Commission not to Windham Regional request to be deemed ranted. ! `unduly interfere with the q g � � Commission,Uerrrurnt ...Petitioners would sate ori- legitimate affairs of local gov- ernments Susan McMahon.at: call preempt regulations i entments when they do not y p P g f t frustrae federal ob ectives.' 802-257-4547(phone) based on the environmental or I •1 f health effects of radio frequen- These include not only certain l The Larsen Company p y health and safer regulations,. Scott Kren.zer at: cy("RF")emissions to the ! y800-527-7668 extent a broadcast facility has which the Petitioners'pro- been determined by the Com- posed rule recognizes,but also i Stealth Network Iechn.ologies mission to comply with its the right of localities to main- dim Haldeman at: regulations and policies con- Lain their aesthetic qualities." 800-755-0689. cerning emissions;interference More information an this rule-- with other telecommunica- malting is available at the FCC tions signals and consumer web site: electronics devices as long as http://wwwfcc.gov/statefrlocaI/ PLAN N IN G COMMISSION ERS JOU RNAL 1 NUMBER 28 1 FALL 1997 Plann-ers -, I P.O. 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