HomeMy WebLinkAbout05-01-1996 • MOUNDS VIEW PLANNING COMMISSION
MAY 01, 1996
7:00 P.M.
AGENDA
1. Call to Order
2. Roll Call
3. Approval of Minutes: April 03, 1996 (Received in Previous Packet)
April 17, 1996 (Draft Only-Please review)
4. Citizens Requests and Comments from the Floor:
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL
NAME AND ADDRESS FOR THE MINUTES.
1111 5. Consideration of Resolution No. 444-96,Variance Request to Front Yard Setback,Fina,
2280 County Road I, Planning Case No. 438-96.
6. Staff Report
7. Chairman's Report
8. Adjournment
AGENDA SESSION
(Immediately Following Regular Meeting)
1. Continued discussion of Sign Ordinance revision
IP
• PROCEEDINGS OF THE PLANNING COMMISSION
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Special Meeting
April 17, 1996
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
The Mounds View Planning Commission was 1. Call to Order
called to order by Chair Peterson at 8:20 p.m. on
April 17, 1996.
MEMBERS PRESENT: Commissioners 2. Roll Call
Johnston, Miller, Stevenson, Brasaemle,
Brooks and Chair Peterson.
ALSO PRESENT: Acting Community
Development Director Pruitt, and Attorney Bob
Long.
Chair Peterson reviewed the variance request of 3. Consideration of
Fina, 2280 County Road I, and reminded the Resolution No. 444-96
Commission that the applicant is requesting a 24 Regarding Variance
foot variance from the 30 foot required front yard Request of Fina, 2280
setback to install a island canopy. Chair County Road I,
Peterson.expressed that the Commission Planning Case No.
needed to examine two legal issues. One issue 438-96
is whether the canopy is considered a structure
and in violation of the legal nonconforming
section of the Municipal Code. The second
issue is whether or not to grant a variance.
Attorney Long addressed the Planning
Commission and noted for the record that the
Planning Commission has received an opinion
from the City Attorney interpreting the Code,
specifically Chapter 1123.02, regarding the
continuance of a non-conforming use. Attorney
Long stated that his opinion would be that the
City of Mounds View has an ordinance that
would not allow the enlargement of the structure. •
Mounds View Planning Commission April 17, 1996 •
Special Meeting Page 2
Attorney Long discussed Section 1123.02 of the
Municipal Code which cites the intent of the
Chapter that all nonconforming uses shall be
eventually brought into conformity, and believes it
to be a proper and justifiable interpretation that
would be totally upheld.
Chair Peterson requested that the applicant
restate his reason for requesting the variance.
The applicants, Tom Manke and Leon Theis,
were present. Mr. Manke informed the
Commission that the main reason for this request
was that they want to upgrade the property and
make it look nicer. He indicated that the property
is run down and, without the sparging system,
will continue to be run down. He also stressed
that it is dark in this area and dangerous at night.
He is afraid of a crime, such as robbery
occurring. He stressed that this a hardship for
him, his employees, and the customers without
the canopy. He also indicated that they want to
spend $250,000 to make it look nice like all of the
other stations with canopies which have been
allowed. .He indicated that without the canopy, it
gives them a disadvantage.
Chair Peterson stated that in terms of the
Commission and the issue of the non-conforming
use, it is the general consensus that the
Commission, as a body, is in charge of bringing
non-conforming uses back into conforming uses,
as time permits, rather than encouraging greater
non-conforming uses on the property. For that
reason, by allowing expanded use of the
property by means of allowing a new structure
would make it much more difficult to bring the
property into conformity.
Commissioner Stevenson reminded the
Commission that the property is not zoned for a
gas station, and therefore, is a nonconforming •
use, and to allow a canopy only increases the
nonconformity.
• Mounds View Planning Commission April 17, 1996
Special Meeting Page 3
Commissioner Johnston added that we need to
have a strict interpretation of the Code and the
Commission does not have the latitude that
elected officials have to make policy decisions;
the Commission must follow the Code and the
Codes states the Commission cannot allow the
canopy.
Commissioner Miller indicated that she is looking
at this request as a variance issue, and because
of the criteria used for granting a variance, she
would have to deny the request. She added that
they could not consider economic conditions
alone.
Chair Peterson expressed that the proposed
improvements to the property would benefit the
City, but the Commission is required to take a
strict interpretation of the Municipal Code.
IDThe Planning Commission agreed to modify the
prepared proposed resolution which addressed
the variance issue to address the nonconforming
use issue as well.
Attorney Long indicated to the Commission that
at this time they could direct Staff and the
Attorney to prepare a resolution that would
include the findings that were made at this
meeting which would focus on the nonconformity
issue and the resolution could be approved at
the next meeting or the Planning Commission
could deny it this evening based on those
findings.
Motion/Second: Stevenson/Johnston to deny
approval of proposed Resolution No. 444-96
denying a variance for Fina, 2280 County Road I,
Planning Case No. 438-96.
• The Commission noted that Staff would be
referring to the provisions found in Chapter
1123.02 when preparing the new resolution.
Mounds View Planning Commission April 17, 1996 •
Special Meeting Page 4
Attorney Long mentioned that because they do
not have a resolution at this time to forward to
the Council, the Commission could capture its
findings in the minutes or they could adopt the
resolution at their May 1st meeting.
Commissioner Johnston expressed that he feels
bad about denying the request because he feels
it would be a good thing for the City and hopes •
that the applicant pursues an appeal to the City
Council.
Commissioner Brasaemle stated that it is ironic
that the first meeting he attends as a
Commissioner he is faced with an issue that
seems like a good idea on the surface but our
Code prevents us from being able to move
forward.
6 ayes 0 nays Motion Carried i
The applicant was informed at this time that his
next step following a denial of his variance
request by the Planning Commission would be to
bring his request to the City Council if he desired.
Acting Community Development Director Pruitt
informed the applicant that she would contact
him regarding this issue.
4. Adjournment
There being no further business before the
Planning Commission, Chair Peterson adjourned
the meeting at 8:40 p.m.
Respectfully submitted,
Joyce Pruitt
Acting Community Development Director
• REQUEST FOR PLANNING COMMISSION ACTION
Meeting Date: May 01, 1996
Staff Report by: Joyce Pruitt, Acting Community Development Director •
Planning Case 438-96
File No.:
Request: The applicant is requesting a variance to allow the
placement of a 24' x 44' canopy atop a gas pump island at
2280 County Road I. The applicant is requesting a variance
for a twenty-four foot encroachment into the required thirty
foot front yard setback. Thus, the canopy is proposed to be
placed six feet from the front yard property line.
The canopy will have 15 lights, and the applicant has
already been informed of the Code requirements, Section
1130.09, requiring lighting to be arranged as to deflect light
away from any adjoining residential zone or from public
streets. In addition, the applicant was informed that the
Code requires the source of lights to be hooded or
• controlled in some manner so as not to light adjacent
property.
Petitioner: Mr. Thomas Manke, partial owner of Mounds View Fina.
Other partial owner of Fina: Leon Theis.
•
Location: 2280 County Road I
•
PIN No. 08-30-23-12- 0050
(Limited Business District) zoning.
Applicable Regulations: Chapter 1101.01, Subd. 3c, requires a 30-foot minimum
setback distance for all corner lots.
Chapter 1123.02, Subd. 1, provides for the continuance of
use of a legal nonconforming use with "Any structure or use
lawfully existing prior to zoning use change shall not be
enlarged but may be continued at the size and in the
manner of operation existing upon such date, except as
• hereinafter specified or subsequently amended."
Attachments: 1. Zoning Map
•
Planning Case No. 438-96
Staff Report for May 01, 1996 Planning Commission Agenda Meeting
Page Two of Three
2. Site Plan
3. Resolution No. 444-96
4. Letter dated April 25, 1996 from Attorney Bob Long
regarding proposed Planning Commission Resolution
and findings in Planning Case File No. 438-96
5. Letter dated April 12, 1996 from Attorney Bob Long
regarding legal opinion for application of
Nonconforming Use and Hardship Standards Relating
to the Request to Construct a Gasoline Pump Canopy
Requiring a 24-foot setback Variance
6. Application
7. Letter requesting canopy from applicants, Tom
Manke & Leon Theis
8. Letter from Dahl & Associates dated February 28,
1996
9. Letter from Dahl &Associates dated March 6, 1996
Background: At the April 17, 1996 Planning Commission Meeting City
Attorney Bob Long provided a legal opinion on this case. As
you may recall, Attorney Bob Long supported the Planning
•
Commission taking a strict interpretation of Chapter 1123 of
the Code, thereby denying this application. Denial was
based on findings that adding a significant new structure,
such as the gasoline pump canopy, would be an
enlargement of the existing structure or use on the site and
would thus be prohibited under Section 1123.02, Subd. 1, of
the City Code.
Furthermore, the intent of Chapter 1123 is listed as "the
intent of this chapter that all nonconforming uses shall be
eventually brought into conformity." It the Attorney's opinion
that by allowing new structures to be built in connection with
a nonconforming use, it is more difficult to bring the
nonconforming use into conformity and may create some •
difficulty in the future in making a distinction as to which
types of new structures can be built on a nonconforming use
property and which types of new structures cannot be built
•
on a nonconforming use property.
• Planning Case No. 438-96
Staff Report for May 01, 1996 Planning Commission Agenda Meeting
Page Three of Three
At the April 03, 1996 Planning Commission meeting the
Commission called to order and directed the attorney and
staff to draft a resolution denying the applicant's request,
based on the legal nonconforming rationale listed above.
Attorney Bob Long has provided a letter, dated April 25,
1996 that includes copies of two Minnesota court cases.
These cases clearly state that a gas pump canopy, like
the one being considered in Planning Case No. 438-96, is a
structure or building within the meaning of zoning code
language similar to that of Mounds View Zoning Code and
under tax law and subject to the tax on real property under
the tax law.
Recommendation/
Analysis: Resolution No. 444-96, denying a variance, has been
• drafted by the City Attorney for your review and _.
consideration. It is the Attorney's recommendation that the
Planning Commission formally adopt Resolution No. 444-96,
recommending denial for the variance request and related
findings to be forwarded to the City Council for review.
•
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• MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 444-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A SETBACK VARIANCE FOR FINA, 2280 COUNTY ROAD I,
PLANNING CASE NO. 438-96
WHEREAS, Thomas Manke and Leon Theis, applicants and owners of Mounds
View Fina, have applied for a variance to permit the construction of a 24 feet by 44 feet
canopy over a gas pump island located at 2280 County Road I in the City of Mounds View;
and
WHEREAS, if the variance were granted it would permit an enlargement of the
existing structure which is a nonconforming use and would encroach 24 feet into the
required thirty foot front yard setback; and
WHEREAS, the Planning Commission of Mounds View met on April 17, 1996 and
held hearing on the requested variance; and
WHEREAS, the Planning Commission has heard the testimony of the applicants and
• has considered the staff report andthe written.legal.opinion of the.City Attorney; f . .
NOW, THEREFORE, the Mounds View Planning Commission makes the following
findings and resolves as follows:
1. , That Chapter 1123.01 of the Mounds View Zoning Code (the "Zoning Code")
declares it to be the purpose of Chapter 1123 'that all nonconforming uses shall be
eventually brought into conformity."
2. That Chapter 1123.02, Subdivision 1, of the Zoning Code states that a
nonconforming use or structure "shall not be enlarged but may continue at the size and in
the manner of operation" existing at the time of a zoning use change.
3. That the applicants' proposed gas pump canopy is a structure as defined by
Chapter 1102.02, Subdivision 105, of the Zoning Code.
4. That no exceptions are found to apply to the applicants' request.
5. That the use of the applicants' property is nonconforming in the B-2 District
where the applicants' property is located and if the variance were granted it would result in
substantial structural enlargement of the existing structure by creating a new structure on
the property contrary to Chapter 1123.
• 6. That even is the use were conforming, the applicants have not demonstrated
that they would be subjected to undue hardship or practical difficulties in the use of their
property.
RESOLUTION NO. 444-96 •
PLANNING CASE NO. 438-96
PAGE TWO OF TWO
Based upon these findings, the applicant's request is hereby denied.
Adopted this 1st day of May, 1996.
ATTEST:
Chairperson
(SEAL)
Acting Community Development Director
•
P
(_ - .. .. .
KENNEDY & GRAVEN
CHARTERED
Attornen at Lir,
itBRd70 Plllahury Center.Minneannlia.M amasla 35402
A Arggr (612)337.9300 COARBII.THOMBON
M.BA TICRRON a W
JAMIRR J.Tossa•RON,JR.
RONALD H.BATTY 700 Commerce RolMing,S East Fourth Street LARRY M.WLRTNP.IM
3TLPNEN J.Bose. Salet Paul,Minnesota 55101 Bor im.L.WILR1NR
JOIN B.DEAN (612)225.4935 Joe Y.YANG
DANIEL J.eiREENSWEIO
DAVID J.XRtiNr=Y Facsimile(612)337-9310 DAVID L.CRAVEN(19204991)
MARLS L.LEFEVeRe
1011N M.LEFEVRE.JR. Ot*rnt7NRICt.
ROBERT J.LINDALL WRITER'S DIRECT DIAL ,RoaeRT c.CARLsoN
ROBERT C.LONG RoBERT L.DAVIDSON
JAMB M.STAMM; 337-9202 WELLINGTON H.LAW
FLOYD B.OLSON i
CURTLS A.PFARSON
. T.JAY SALMET4
April 25, 1996
Joyce Pruitt
Interim Community Development Director
City of Mounds View
2401 Highway 10
Mounds View, MN 55112-1499
RE: Proposed Planning Commission Resolution and Findings in Planning Case File
No. 438-96 and Court Cases Holding that a Gas Pump Canopy is a Structure
IIUnder Zoning Law and Tax Law
Dear Joyce:
Please find enclosed a proposed resolution for the Planning Commission setting forth
findings made at its April 17, 1996 hearing on.the variance request in Planning Case
No. 438-98. This resolution and these findings should be adopted at the PlArning
Commission Meeting on May 1, 1996.
.
In addition, I am attaching copies of two Minnesota court cases which clearly state
that a gas pump canopy, like the one being considered in the present case, is a
structure or building within the meaning of zoning code language similar to that of
Oun•S •1 - • •tt•T_ -•• - a• • te• • - in - a - tc •• . • a - - • __
property under the tax law. See, Amoco Oil Co. v. City of Maple Grove, 191 WL
115114 (Minn. App. 1991)(unpublished opinion) and Crown Coco, Inc_ v.
Commissioner of Revenue, 336 N.W.2d 272 (Minn. 1983) (cases attached).
In the Amoco Oil Co. v. City of Mame Grove case, the Maple Grove Zoning Code's
definition of "building" is exactly the same as the definition of "building" under
Chapter 1102.02, subd. 11 of the Mounds View Zoning Code. The fact that the Court
of Appeals found that the gas pump canopy was a building under the Maple Grove
Zoning Code with the exact same language as that present in the Mounds View Zoning
Code is a clear legal interpretation that the gas pump canopy proposed in this case
would be considered a building or a structure under the Mounds View Zoning Code.
• In the Crown Coco, Inc_ v. Commissioner of Revenue case, the Minnesota Supreme
Court adopted. the "functionality" test and specifically held that a canopy over self-
service gasoline pumps is a taxable structure and subject to the tax on real property
pursuant to Minnesota Statutes, Section 272.01, subd. 1. .
RcL1037o9
110125-a6
•
Joyce Pruitt •
April 25, 1996 •
Page 2.
Both of these cases clearly show that the courts in Minnesota consider a gas pump
canopy, such as the one being considered in the present case, to be a building or ,
structure under interpretation of local zoning codes and under interpretation of •
Minnesota tax law. •
•
If you have any questions, please feel free to contact me.
cera' ,
Rooert C. ong
RCL:jes
Enclosure
cc: Chuck Whiting (w/o enclosure)
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Not
•Not Reported in N.W.2d Page 1
(Cite as: 1991 WL 115114 (Mirm.App.))
NOTICE: THIS OPPRON IS DESIGNATED AS Although the zoning ordinance expressly permits
UNPUBLISHED AND MAY NOT BE C1TED gas stations in the mixed used district, the city
• EXCEPT denied Amoco's plan because the proposed building
AS PROVIDED BY MINN. ST. SEC. 480A.08(3). failed to meet the zoning district's minimum
building size requirement. In calculating the size of
AMOCO OIL COMPANY, Appellant, the Amoco station, the city refused to include the
Y. area beneath the canopy because it concluded that
CITY OF MAPLE GROVE,Respondent. area did not meet the ordinance's definition of
'building." Including the• canopy area in the
No. CS-91-64. calculation would bring the station within the
requirements.
Court of Appeals of Minnesota.
Amoco sued. On. cross-motions for summary
July 2, 1991. judgment, the trial court concluded that (1) the
canopy was not a "building" for purposes of
Review Denied Aug. 29, 1991. determining whether the ordinance's size
requirement had been met; and (2) the city had the
Appeal from District Court; Hennepin County; authority to interpret its own ordinances, and its
Eugene Mineeko,Judge. denial of Amoco's site plan was reasonable.
Robert Lewis Barrows, Joseph M. Finley. . DECISION •
Leonard, Street and Deinard Professional
Association, Minneapolis, for appellant. A municipality's zoning decision on an issue of
fact or legislative policy-making is entitled to
Daniel B. Johnson, Eerie T. Anderson, Jr., judicial deference if it is not arbitrary, oppressive,
Meyer, Njus, Anderson, Johnson & Nettles, P.A., or unreasonable. See Frank's Nursery Sales, Inc. v.
Minneapolis, for respondent. City of Roseville, 295 N.W.2d 604, 608
(Minn.1980). Local zoning decisions on questions
Considered and decided by LANSING, P.J., and of law, however, including the interpretation of
RAN'DALL and NORTON,JJ. ordinances, do not bind the courts. Id. at 608
(regardless of reasonableness of city's
UNPUBLISHED OPINION • determination, court's interpretation of ordinance
ultimately controls). (FNI]
LANSING,Judge.
If a legislative body has expressly defined a term,
*1 Interpreting a minimum building size courts must assume that the definition is 'intended
requirement in its zoning ordinances, the City of in some measure to depart from the ordinary sense
Maple Grove denied site plan approval for an of that term" and may not substitute the term's
Amoco gas station_ The oil company appeals the literal meaning for the definition provided. United
summary judgment upholding the city's States Jaycees v, McClure, 305 N.W.2d 764, 766
interpretation, and we reverse. (Minn.1981). Judicial construction is inappropriate
unless the ordinance's terms are ambiguous.
FACTS Chanhassen Estates Residents Ass'n v. City of
Chanhassen. 342 N.W.2d 335, 339(Mien.1984).
Amoco Oil Corporation owns property in Maple
Grove zoned as a "mixed use district." Amoco The Maple Grove zoning ordinance defines
submitted a proposed site plan for a combination gas "building" as "[allay structure used or intended for
station/convenience store/car wash which included a supporting or sheltering any use or occupancy."
dilker=neat steel canopy designed to cover the Maple Grove. Minn., Ordinance 375:06, subd. 20
gasoline dispensing area. The canopy would be (1990). Subdivision 140 defines 'structure" as
attached to the car wash and convenience store,
forming a unitary structure. (anything which is built, constructed or erected;
Copr. ®West 1996 No claim to orig. U.S. govt. works
.
Not Reported in N.W.2d Page 2
(Cite as: 1991 WL 115114, =1 (IyMinn.App,)) •
* * * or any piece of work artificially built
up and/ their underlying policies. See, e.g., Amcon Corp.
or composed of parts joined together in some v. City of Eagan,343 N.W.2d 66, 72 (Mina.1984);
definite manner, whether temporary or permanent in Frank's Nursery, 295 N.W.2d at 609. However,
character. the relevancy of underlying policy considerations is
generally limited to interpreting ordinances which
Subdivision 142 defines "use" as have undefined or ambiguous terms. See, e.g.,
Amcon Corp., 348 N.W.2d at 70. When the words
ft]he purpose or activity for which the land or of a law in their application to an existing situation
building thereon is designated, arranged, or are unambiguous, "the letter of the Iaw shall not be
intended, or for which it is occupied, utilized or disregarded under the pretext of pursuing the spirit."
maintained** *• Minn.Stat. § 645.16(1990). '
*2 Only the term "sheltering" is undefined. We recognize that the mixed use district's primary
Focusing on this term, the city concluded that the purpose is to promote "large scale, multi-story -
canopy did not provide shelter because it was not buildings," and its minimum size requirement
fully enclosed and, therefore, could not be presumably is intended to effectuate this goal. But .
considered part of the proposed "building" when neither the city's zoning policy nor its definition of
determining square footage. building expressly requires large, multi-story
structures on all lots. Both the definition.and the
The city's interpretation, essentially adopted by permitted use of gas stations imply significant
the trial court, is unsupportably narrow. The flexibility is the physical design and proposed uses
unambiguous definition of building is nearly all- for buildings in the mixed use district. The Amoco
inclusive. It requires neither full enclosure, nor a station's nonconformity with the typical business
particular level or efficiency of shelter. The envisioned in this district does not warrant an0
structure must merely shelter any use. However unduly restrictive reading of the city's zoning
imperfectly, Amoco's canopy would shelter its policies or a limited construction of its own broadly
customers while they pumped gas. worded definition of building. .
Common definitions of"shelter" require a broader We reverse the award of summary judgment to the
reading. See, e.g., Webster's New Universal city. Because there are no disputed issues of
Unabridged. Dictionary 1672 2d ed. 1979) material fact and no remaining questions of law,
("something that covers, protects, or defends * * * Amoco is entitled to summary judgment as a matter
as from the elements, danger, etc."). In as of Iaw. See Farmington Township v. High PIains
analogous. case distinguishing between equipment Coop., 460 N.W.24 56, 59 (Minn.App:1990).
and buildings or structures for property tax
Although a [gas station] canopy has no walls, it FN1. In re Brine, 457 N.W.2d 268 (Minn.App.),
essentially serves the same shelter function as aird in part, rev'd in part, 460 N.W.2d 53
buildings and other structures to the extent that it (Minn.1990), to the extent not reversed by the
protects persons and items from forces of nature. supreme court, is distinguishable. Although Brine
involved an interpretational issue, the case
Crown CoCo, Inc. v. Commissioner of Revenue, fundamentally challenged a planning commission's
536 N.W.2.<1 272, 274 (Mina.1983). Applying this discrezon in changing zoning classifications and
reasoning to Amoco's canopy compels approval of issuing conditional use permits. The scope of the •
the gas station site plan, city's authority is not similarly implicated here .
because the site plan approval depends solely on the
The city argues that including the area under legal intespretarion of"building."
Amoco's canopy would circumvent the ordinance's •
basic policy of promoting large-scale development. END OF DOCUMENT
Minnesota courts have consistently recognized that
zoning ordinances must be considered in light of
Copr. a West 1996 No claim ro orig. U.S. govt. works
. APR 12 '96 15:41 KENNEDY & GRAVEN P•2
KENNEDY & GRAVEN
CHARTERED
Attorneys at Law -
470•Pillsbury Center.Minneapolis,Minnesota 55402
ROBERT A.ALSOP (612)337-9300
I BRUUCEM.BATTERSON and CORRINEH. j1[OMSON
RC/GLOM BA'TT'Y 700 Cmimerse Building,S East Fourth Street JAMES J. CI1oMSON,Ytt.
$'FEIG N J.gum Saint Paul,isllnnesota 53101
LARRY L Warn/Est
B.DEAN BONNIE L. 1L10Ns
(612)225- 935
DANIEL J.GREENSWEEIG Jog Y.YANG
DAM J.KENNEDY racsimlle(Rt3)337.9510 DAVID L.GRAVEN
CHARLES L.LEFEVERE (1929.1991
JOHN M.Lazne,is.
ROBOT J.LINDAI,1. OP COUNSEL
WRITNI S DIRECT DIAL ROBERT C.CARSON
Roma C.LONG
RoaL.DN
JAMES MSPROM$EN 337-9202 WELLINCTONALAw
FLOYD B.OLSON
Corns A.PlABsON
T.JAY SA.I.Mit
April T2, 1996
Joyce Pruitt
Interim Community Development Director
City of Mounds View
2401 Highway 10
Mounds View, MN 55112-1499
RE: Legal Opinion on Application of Non-Conforming Use and Hardship Standards
Relating to the Request to Construct a Gasoline Pump Canopy Requiring a 24-
1 Foot Setback Variance
• Our File No. MU125-45 :: ._..:
Dear Joyce:
You have asked me on behalf of the Planning Commission to provide a legal opinion
on two issues relating to the request of a gas station at the intersection of County
Road T and Adams Street to construct a new 24'x44' canopy over its gas pumps which
would require a 24-foot variance from the required 30-foot setback requirement
under the Mounds View Municipal Code (the "City Code"). The two issues you asked
for a legal opinion regarding are:
1. Would the construction of a new gas pump canopy be permitted under Chapter
1123 of the City Code relating to non-conforming uses?
2. How should the criteria for granting a variance under Chapter 1125.02 of the
City Code be applied to this application relating to whether an undue hardship
exists?
SUMMARY
Answer to Question No. 1 •
Applying a strict interpretation of Chapter 1123 of the City Code, the Planning
Commission and City Council could deny this application based on a finding that
adding a significant new structure, such as the gasoline pump canopy, would be an
• enlargement of the existing structure or use on that site and would thus be
prohibited under Section 1123.02, subd. 1 of the City Code. However, the Planning
Commission and City Council have the discretion to interpret the City Code in a
RCLlo3o25
111125-45
. APR 12 '96 15:41 KENNEDY & GRAVEN P.3
Joyce Pruitt •
April 12, 1996
Page 2
anmannerinterpretation that carries outand theconclusion intent of the City Code and protects the public interest
and could, within their discretion, interpret the City Code differently to permit the
construction of the proposed gas station pump canopy. The disadvantage to such
would be that it would appear to go against the
intent of Chapter 1123 which states that it is "the intent of this chapter that all non-
conforming uses shall be eventually brought under conformity." By allowing new
structures to be built in connection with a non-conforming use, it is more difficult
to bring that non-conforming use into conformity and may create some difficulty in
the future in making a distinction as to which types of new structures can be built
on a non-conforming use property and which types of new structures cannot be built
on a non-conforming use property.
Answer to Question No. 2
• By strictly applying the criteria for granting.variances under Chapter 1125.02,
subd. 2 of the City Code, the applicant would not appear under the facts to have a
case for an undue hardship exception justifying a variance. No exceptional or
extraordinary circumstances apply to the applicant's property which do not apply
generally to other properties in the same zone or vicinity since all of the properties
in the same zone or vicinity would have to abide by the same 30-foot setback
requirements of the City Code. Again, however, the Planning Commission and the •
City Council have discretion to grant a variance but would have to make a finding
that based on the testimony and evidence presented to the Planning Commission that
all of the criteria for granting a variance set forth in Section 1125.02, subd. 2 have
been met. The fact that Chapter 1104 of the City Code relating to setback
requirements was adopted in 1988 after the gas station was in operation would not by
itself be the basis for granting a variance or finding an undue hardship for the
applicant, since once again, exceptional or extraordinary circumstances would not
appear to apply only to the applicant's property since all of the other properties in
the same zone that would have been in existence prior to 1988 would also now be
bound by the same setback requirements.
ANALYSIS
Section 1123.02, subd. 1 of the City Code states that "any structure or use lawfully
existing prior to zoning use change will not be enlarged but may be continued at the
size and in the manner of operation existing upon such date except as hereinafter
specified or subsequently amended." Section 1123.01 of the City Code states that
"it is necessary and consistent with the establishment of these districts that non-
conforming buildings, structures and uses not be permitted to continue without
restriction . . ." and "it is the intent of this chapter that all non-conforming uses
shall be eventually brought into conformity."
Such non-conforming use requirements are typically interpreted very strictly
against allowing new structures to be built on a non-conforming use property. The
Planning Commission and City Council would certainly be acting within their proper
discretion to apply such a strict interpretation to carry out the intent of the City •
Code relating to non-conforming uses.
i .
RQ.I03015
)9)125-45
APR 12 '96 15:42 KENNEDY & GRAVEN P.4
Joyce Pruitt
April 12, 1996
Page 3
•
If the Planning Commission and City Council were to consider allowing the
construction of a 24'x44' gasoline pump canopy as requested by the applicant, the
Planning Commission should consider establishing criteria which would allow it to
distinguish this requested new structure on a non-conforming use property from
future requests to build new structures on other non-conforming use properties.
Section 1125.02, subd. 2 states that "a variance of the provisions of the zoning code
may be issued by the Board of Adjustment and Appeals (Planning Commission) to
provide relief to the landowner in those cases where the code imposes undue
hardship or practical difficulties to the property owner in the use of his land . .
A variance may be granted only in the event that the following circumstances exist:
a. Exceptional or extraordinary circumstances apply to the property which do
p Y
not apply generally to other properties in the same zone or vicinity.
b. The literal interpretation of the provisions of this Title would deprive
applicant of rights commonly enjoyed by other properties in the same district
under the terms of this Title.
I..
d. That
granting the variance requested will not comfier on the applicant any
• special privileges denied by the owners of other lands,_ structures or
buildings in the same district. . .
e. . . . Economic conditions alone shall not be considered a hardship."
In applying the criteria set forth in clauses a, b, d and e of Section 1125.02, subd.
2 of the City Code, it would not appear from the facts as they have been presented
that the applicant's circumstances would meet the criteria as stated. This is the case
primarily because all properties within R-1 through B-4 zones within the City of
Mounds View are all subject to a 30-foot front yard setback requirement as
established by Section 1104.01 of the City Code. These requirements of Section
1104.01 apply to all properties in those zones regardless of whether those properties
existed prior to the adoption of the setback requirements. Therefore, it cannot be
argued by the applicant that applying the same setback requirements to his property
would create an undue hardship in which exceptional or extraordinary circumstances
apply to the applicant's property which do not apply generally to all the other
properties in similar and other zones throughout the City that must comply with the
same 30-foot setback requirements. Applying the setback requirement of the City
Code would not deprive the applicant of any rights commonly enjoyed by other
properties in the same district since all of the other properties in the same and
similar zones would have to abide by the same 30-foot setback requirement. In fact,
granting the variance to the applicant may arguably confer on the applicant a special
privilege that is in fact denied to other owners of properties in the same zone or
similar zones which must abide by the the 30-foot setback requirement.
In addition, even if some argument could be made in favor of granting a variance of
• a lesser nature, a 24-foot variance on a 30-foot setback requirement would appear
to be an extraordinary variance request. The Planning Commission and City Council
Ita.103025
MU123-45
APR 12 '96 15:43 KENNEDY & GRAVEN P.5
•
fr
Joyce Pruitt •
April 12, 1996
Page 4
would certainly be within their discretion to deny such a variance request based on
the criteria set forth in Section 1125.02 of the City Code.
CONCLUSION
While the Planning Commission and City Council certainly have the discretion to
interpret the non-conforming use provisions and the criteria for granting a variance
from the setback requirements of the City Code based on the facts and evidence
presented to them by the applicant, it would appear from the facts as they have been
presented at this point, that the applicant's request to construct and 24'x44' gas
pump canopy on the property could be denied based upon either the non-conforming
use provisions of Chapter 1123 or the criteria for granting a variance under Chapter
1125 of the City Code. The Planning Commission and City Council would be certainly
within their discretion to deny the applicant's request based on the requirements set
forth in either of those Chapters of the City Code. The decision should be upheld
against any possible court challenge that may be brought by the applicant.
If you have any questions, please feel free to contact me. I am planning to attend
the Planning Commission meeting on April 17 as you have requested unless I hear
from you otherwise.
S..cerely, •
k.
( Robert . Long
RCL:jes
•
RCL1a3o15
1W125-45
CITY OF MOUNDS VIEW
PLANNING APPLICATION
APPUCANT: •r ot.k\(k.5 t't'e w r v. Phone 78q- gq6 -,.
• ADDRESS: A %gO W . C -Kt . Ra. . 1 M o 1.444s vi1, y % i .
Street Address, City, State, and Zip Code o w n t rS SS!/Z--
Interest in Property (check appropriate box): To rw. MP%fe-J2.. 636-587 L
®' OwnerSof Property —
.o l` aOki
*'ev KR, - .
❑ Contract for Deed Owner SI t X31
❑ Lessee, Operator, Manager `� 3 X550
❑ Agreement to Purchase Lem- 11-o-z-r
❑ Other (explain) i r.So �a n.�,Qe r ie o-a►
5kore✓ie44/ ss
Documentary evidence of applicant's interest in the property may be required before final City action of this request.
PROPERTY INVOLVED: '
Address/General Location %Z ago • (Al . C---(17 . /Z4
Mo t,t,r.c S iii e4.0 J F'1 t l.1 mitt 1-.--
Legal Description or Property Identification Number CF-< ,•, -,33 -) - 00
_i_ z �� ,‘!-ic,41 r_h '5 .tea- c--0 5 4q- fix /to ' /
Legal Owner: Name/Address ,. '=Jc .k? t„,,,o-„, ,u<:c.6',/4,Zt {Z , / .tk; // Ott/,-)1,-y)�; j�c
i n •y'n,.. /,'I --)a-74i 7. W-� ,_Ui1'L121-1.I �/i 0%)(IA/.IM/'i PA MA 4)
Present Use (check appropriate box): ="- "-7.` 1-,t.t,D -/-) 5S/-2(.,-
❑ UndevelopedNacant
0 Single Family Dwelling
•
❑ Duplex/Two Family Dwelling
❑ Multi-Family (No. of Units )
z Business/Commercial Establishment
❑ Industrial Establishment
❑ Other (explain)
Property Classification: 0 Abstract 0 Torrens
REQUEST: 14 c2 -
*Please note: Applicant may be responsible for additional fees associated with the review of this request
61 yvt
I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. c- _
Signature
Rezo. a, $200/acre.minimum$200,maximum $1,000 Park Fund Dedication Fee
R-1 to R-2-$75,all others$200 Date Paid
• • -• Use Permit R-1 to R-2-$75.ail others 5200 Receipt Number
Code Appeal $75
Develop./Site Plan Review 3100/acre,minimum 100.maximum $500 Total Fees Paid 3_i)Q
Minor Subdivision $150 Date Paid ;-)I- Ci/r‘
Maior Subdivision $250 plus$250 deposit Receipt Number 7 7 i
Comp. Plan Amendment $200
• Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid
Wetland Buffer Permit $10 Date Paid
Planning Sign $50 Receipt Number
PUD $350
PUD Amendment $150 Date of final action
�/ APPROVED ❑ DENIED ❑ TABLED 0
Date 317 / 1C r. Planning Case No. I/ '• ” /4 Admin.Account No. n i 1
•
Dear Planning Commission:
We would like to add a canopy with 15 lites on the property we own at 2180 W. Cty. Rd. I. The
reason we would like to do this is, one, to provide weather protection to our customers, two, to
provide security to them at night with much better lighting when they are fueling their
automobiles. The canopy needs to be put in the location chosen because it would be positioned
directly in front of the building for easier customer access to the building and better site lines for
the employees working.
At the same time we would also like to remove the existing underground tanks and product
piping, and replace them with new tanks and fiberglass piping. The island will be replaced
with 3 new ones, 2 with gasoline equipment. All the asphalt will be replaced and all concrete •
above tanks and gasoline fueling area will be new. A new sidewalk in front of the building will be
put in with handicap ramps. The existing building will stay the same with a remodel of the
interior and exterior.
The existing recovery system that is on the property is going to be replaced with a new system
called sparging.We are having the property anaylized by Dahl&Asssoc. to submit to the the
Minnesota Pollution Control Agency some soil results so that they can officially authorized this
system. The sparging system should shorten the clean up time down to one to two years. The
present system could take from 8 to 10 years. Attached is a letter from Dahl &Assoc. outlining
what we are planning to do. This system would be put in place during the remodeling of the
location.
Thank You.
Tom Manke
Leon Theis
•
•
DAF—IL
• & ASSOCIATES, INC.
Environmental Consultants,Contractors&Engineers
February 28, 1996
Mr. Tom Manke
ZAHL Equipment,Inc.
3101 Spring Street,N.E.
Minneapolis, MN 55413
Dear Tom:
RE: Proposed Soil Ventilation and Air Sparging Pilot Test at the Former People's
Plus Station Located at 2280 West County Road I,Moundsview, MN.
Attached for your review please find a proposed pilot study layout. Please review the layout and
provide me with any comments that you may have.
• To conduct a pilot test, DAHL has proposed the installation of two soil vapor vents, three soil
vapor probes, and one sparge point. All of the structures will be completed flush with the
ground. Drilling of these structures can be completed in approximately two days. The locations
of the structures are designed to give us the information we need, as well as not to interfere with
your business traffic.
The pilot test itself will take approximately three days to complete. During the three day pilot
test a DAHL technician will be collecting data from each of the pilot structures and from some of
the existing monitoring wells. I don't anticipate causing any disruption to your business during
the pilot test.
If you have questions regarding the work, don't hesitate to call me, I'll be glad to answer any of
your questions.
Sincerely,
DAHL & ASSOCIATES, INC.
•
Je Ryan
Project Manager
• JJr
Enclosure: 1). Pilot Test Layout Map
4390 McMenemy Road•Saint Paul,Minnesota 55127•(612)490-2905•FAX(612)490-3777
�1 PRINTER WlTIli
DAI—IL.. •
& ASSOCIATES, INC.
Environmental Consultants,Contractors&Engineers
March 6, 1996
City of Moundsview
2401 Highway 10
Moundsview, MN 55112
Dear Sir/Madame:
RE: The Former Peoples Plus Service Station Located at 2280 West County Road I,
Moundsview,MN.
The purpose of the following letter is to briefly summarize the petroleum hydrocarbon
remediation work being conducted at the above-referenced site.
DAHL and Associates,Inc. was retained by Kunz Oil Company in 1990 to provide
environmental consulting services for the site. At that time, test drilling at the site
revealed the presence of petroleum hydrocarbon contamination in the soil and III
groundwater beneath the site. The Minnesota Pollution Control Agency(MPCA) is the
State regulatory authority that reviews the data and site recommendations provided by
DAHL.
In 1991, DAHL installed a groundwater remediation system at the site. The purpose of
the remedial system is to remediate groundwater and collect free phase product from
the surface of the water table. Petroleum contaminated groundwater is recovered,
treated by the remedial system,and discharged to the sanitary sewer system. This
system has been successful at providing some remediation of the site, however the
remediation process has been slow and the system is fairly costly to operate and
maintain.
DAHL is currently in the process of evaluating soil vapor extraction and air sparging as
more aggressive remedial technologies for the site. To determine the effectiveness of
these technologies at this site, DAHL is planning to conduct a pilot test. Data collected
during the pilot test will determine the effectiveness of these technologies, and if
successful will provide the information necessary to install a full scale system.
If the pilot test is successful, DAHL will present the data to the MPCA, and will
recommend the installation of a full scale system. At this time, DAHL will also
recommend that the existing system be dismantled. MPCA approval of DAHL's •
recommendations will be required before any modifications to the existing system are
made.
4390 McMenemy Road•Saint Paul,Minnesota 55127•(612)490-2905•FAX(612)490-3777
+ I ' IPNINTEO WITNI
• City of Moundsview
March 6, 1996
Page 2
If you have questions or need additional information,feel free to contact me at
(612)490-3789. The MPCA project manager for this site is Mr. Gary Zarling. He can be
reached at(612)297-8598.
•
Sincerely,
DAHL &ASSOCIATES,INC.
Jieldf
Project Manager
jjr
cc: Tom Manke
•
•
•
MEMO
To: Planning Commission
From: Joyce Pruitt
Subject: Sign Code Revisions
Date: April 26, 1996
The Planning Commission is in the process of revising the sign code. For considering the
revisions to be undertaken, a"Sign Code Issues" list had been developed in the past by the
Planning Commission. The Planning Commission has referred to this list in order to guide the
revision process.
Earlier, the Planning Commission had divided up the issue questions among each of the Planning
Commission members so that each member could research several different municipal codes for
specific questions. With the change over in the Planning Commission, it may be necessary to
assign some issues to new members for research in the future. Staff notes and commissioner
notes on some of the items on the issues list are included for your review.
Thus far, the Planning Commission has addressed#1, #2, #4, #5 under General/Misc. on the Sign
• Code Issues list. As staff notes indicate, it was planned to discuss#1 and#2 , under Permanent
Signs, on the Sign Code Issues list, with Commissioner Miller's notes, next.
Attached for your review and consideration are the following items:
1. Sign Code Issues List
2. Staff research on some of items on the issues list.
3. Previous Commissioner Colleen's research on some of the items on the issues list.
4. Commissioner Miller's research on some of the items on the issues list.
5. Notes from a meeting with staff and Mounds View businesses relating to sign code
revisions.
6. A letter dated January 25, 1994 from the Saint Paul Association of Realtors relating to
sign code revisions. Mr. John Periard from the Saint Paul Association of Realtors is
interested in meeting with the Planning Commission when the section on realty signs is
discussed.
7. The New Hope Business Link publication regarding amendments to the City of New
Hope's Shopping Center ground sign standards.
8. A draft copy of the sign code, which includes the revisions the Planning Commission has
previously discussed.
• Commissioners Brasaemle, Brooks and Obert:
In a separate manilla envelope you will find the following municipal sign ordinances:
* City of Mounds View Sign Ordinance
Planning Commission •
Page 2
April 26, 1996
* City of Fridley Sign Ordinance
* City of Wayzata Sign Ordinance
* City of Apple Valley Sign Ordinance
* City of Eagan sign Ordinance
* City of Minnetonka Sign Ordinance
* City of New Brighton Sign Ordinance
(These ordinances have been received by the other Planning Commission members.)
If you have any questions or require additional information, please call me at 784-3055.
•
•
• Sign Code Issues
General/Misc.
1. Write a provision which deals with removal of abandoned and/or illegal
signs. Must address removal and storage conditions.
2. Personal expression signs -"Lower Taxes Now!" etc. Size, number
allowed, etc.
3. Do we want to place in the code provision for amortization?
4. Statement that all signs must be installed according to the provisions of
the Uniform Building Code.
5. Statement of how to go about deviating from the code (variance, code
appeal, etc.), particularly when request goes through Planning
Commission and when it goes straight to the Council.
Permanent Signs
• 1. Allowable signable area needs to be increased in some residential areas,
especially R-4 apartment buildings and R-1 churches.
2. Scrolling readerboards are not addressed in area of the sign code.
Specify in which districts they are allowed, size, and allowable
illumination.
3. Flags are not addressed in the current code. May want to address height
and location of flag poles and flags used as an integral part of the
. .. - . .. ..
4. Are signs places inside of glass a part of permanent or temporary signage
(or neither?)
5. Address the allowability of off-site directional signage ("Messiah Lutheran
• Church two blocks ahead").
6. Address the allowability of billboards.
7. Strike the language that allows wall signs to be exempt from permit fees.
• 8. Add language defining the required setbacks for signs.
,Page Two of Three /Sign Code Issues •
Temporary Signs
1. Decide if pennants and fringe are to be considered temporary signs. If
they are, how much fringe/pennant should be allowed per property? How
should we enforce this?
2. Are large inflatable objects considered temporary signs? if so, what will
be the size, height, setback requirements?
3. Add language allowing signage by construction companies while a project
is in progress.
4. Add language regulating placement and time limits of garage sale signs.
(This also should be addressed under zoning - at what point does a
garage sale become a home business?)
5. Do we allow "advertising" signage in the front or side yard, i.e., a sofa in
the front yard with "For Sale" written on it (the actual sale activity should
be addressed in zoning code). Also "Free Puppies."
6. Setback requirements for temporary signs allowed- the right-of-way?
7. Temporary signs for charitable and civic events - are they subject to
temporary sign ordinances? What is "charitable" or"civic" event?
8. Write in language specifically allowing "For Lease" and "For Sale"
banners in excess of 10 square feet at apartment and business
properties. Specifically state that banners of this type are not subject to
the 3 temp signs per year rule.
9. Set regulations pertaining to the use of search lights (or should this be
covered in the zoning code?)
10. Is the city responsible for temporary signs erected in utility poles (garage
sales, etc.)
11. Must clarify temporary sign portion - three permits per property or three
permits per business? Mounds View Square, for example, has a number
of businesses on one piece of property are they allowed only three signs
per year?
12. Change code to read "three permits per calendar year," rather than just •
. Page Three of Three /Sign Code Issues
three per year (requires less paperwork).
13. Should the City require a deposit on temporary signs to ensure prompt
removal?
14. Clarification: are temporary signs allowed in residential districts? Should
residents be held to the 3 permit restriction and/or have to pay the fee?
What type of temporary signs would require a permit?
15. Clarify policies on illumination -when and where it's allowed, intensity
allowed, whether and where flashing is allowed.
16. What types of signage is allowed with outdoor merchandising, when
outdoor merchandising is specifically allowed by Conditional Use (Super
America and Amoco, for example)?
17. Real Estate/Open House/House for Sale signs (off-site directional) -
placement, allowed placement time.
• 18. Signage for transient merchants/peddlers (will also have to change
Chapter 110).
Election Siqns (per conversation with Michele)
1. , State that candidate must have permission of property owners before
erecting sign.
2. One sign per property frontage a p er candidate!
3. Clarify setbacks and right-of-way allowability.
4. Specifically state the maximum size allowed at particular setbacks.
5. Specifically state the City's position with respect to signs placed in County
and State lands (City's ability to pull if causing a hazard - check state
statutes)
6. Policy regarding pulling and impounding of illegally placed signs.
• SIGNS (Staff issues for Code Revision)
• Write a provision which deals with removal of abandoned and/or illegal signs. Must
address removal and storage conditions.
(Blaine's) -Removal: (a) The Zoning Administrator may order the removal of any sign
erected or maintained in violation of this ordinance. Ten(10) days notice in writing shall
be given to the owners of such sign, or the owner of the building, structure or premises on
which such sign is located, to either bring the sign into compliance with this ordinance, or
effect its removal. Upon failure to remove the sign or to comply with this notice, the
Zoning Administrator shall remove the sign. The Zoning Administrator shall remove the
sign immediately and without notice if it reasonably appears that the condition of the sign
is such as to present an immediate threat to the safety of the public. Any cost of removal
incurred by the City shall be assessed to the owner of the property on which such sign is
located or may be collected in appropriate legal proceedings.
(b) Signs in violation of this ordinance placed on public property or in the public right-of-
way are subject to immediate removal.
DEFINITION OF ABANDONED SIGNS:
Any sign which identifies a use that has discontinued operation for a period of more than
three (3) months or any sign which pertains to a time, event or purpose which no longer ,
applies, shall be deemed to have been abandoned. Permanent signs applicable to a
• business temporarily suspended because of a change of ownership or management shall
not be deemed abandoned unless the property remains vacant for a period of more than
three (3) months. An abandoned sign is prohibited and shall be removed by the owner of
the sign or the property owner. Any sign found to be abandoned shall be taken down and
removed by the owner, agent or person having the beneficial use of the building or
structure upon which sign may be found within 30 days after written notice from the City-
Clerk Administrator or his/her designee. Upon failure to comply with such notice within
the time specified in such order, the City-Clerk Administrator or his/her designee, may
declare the sign to be a public nuisance, remove it and assess the cost of removal to the
property owner.
IMPOUNDMENT OF SIGNS ON PUBLIC PROPERTY OR WITHIN PUBLIC
RIGHT-OF-WAY:
The City may, at any time and without notice, order the impoundment of signs which have
been installed on public property, within a public right-of-way or within a public easement.
The sign owner may retrieve an impounded sign according to the following rules:
(1) Payment of an Impoundment Release Fee. Any subsequent impoundments(s),
within one calendar year, for a particular property will require payment of double
the initial impoundment release fee.
•
Page 2 of 6 •
Staff Issues for Code Revision
(2) Any impounded sign must be retrieved from the impound area within 30 days of
the impoundment or the City will dispose of it. Any cost incurred by the City for
disposal of an impounded sign shall be assessed to the property owner.
(3) The city shall have no obligation to notify a a property owner that it has an
impounded sign.
(4) The City may not be held liable for any damage to an impounded sign.
(Shoreview's) (F) (5) Impoundment of signs on Public Property or Within Public Right-Of
Way: The City may, at any time, and without notice, order the impoundment of signs
which have been installed on public property, within a public right-of-way or within a
public easement. The sign owner may retrieve an impounded sign according to the
following rules:
(a) Payment of an Impoundment Release Fee. Any subsequent impoundment(s),
within one calendar year, for a particular property will require payment of double
the initial impoundment release fee.
(b) Any impounded sign must be retrieved from the impound area within 30 days,of••
the impoundment or the City will dispose if it. Any cost incurred by the City
during disposal of an impounded sign shall be assessed to the property owner.
(c) The city shall have no obligation to notify a property owner that it has impounded
a sign.
(d) The City may not be held liable for any damage to an impounded sign.
• Statement that all signs must be installed according to the provisions of the Uniform
Building Code.
All structural engineering and design provisions for sign installation and construction shall
be in conformance with the requirements of the Uniform Building Code.
(Minnetonka's) Subd. 11: Construction Specifications. All signs shall be constructed in
accordance with the following:
1) The Minnesota State Building Code;
2) all electric signs shall be approved and labeled a , .orming to the standards of
the Underwriters' Laboratories, Inc., the Unite d : Bureau of standards or
other similar institutions of recognized standin .. • illuminating elements shall be
kept in satisfactory working condition or immediately repaired or replaced. Signs •
that are partly illuminated shall meet all electrical requirements for that portion
• Page 3 of 6
Staff Issues for Code Revision
which is illuminated;
3) all permanent freestanding signs shall have self-supporting structures erected on
and permanently attached to concrete foundations;
4) for wall signs, the wall must be designed for and have sufficient strength to support
the sign; and
5) signs shall be constructed to withstand the following wind loads:
a. for solid signs, 30 pounds per square foot on one face of the sign; and
b. for other signs, 36 pounds per square foot of the total surface, or 10
pounds per square foot of the gross area of the sign as determined by the
overall dimensions of the sign, whichever is greater.
• Strike the language that allows wall signs to be exempt from permit fees.
Strike Subd. 2d from the City Code
• • Setback requirements for temporary signs- allowed the right-of-way? —.
(Apple Valley)Temporary signs shall not be placed on the following described street
rights-of-way, easements, roadway surface, sidewalks, medians, and decorative surfaces.
Any sign so placed is hereby determined to be in violation if the sign regulations, a
nuisance and a traffic hazard:
(list streets)
(Blaine)- General requirements-(1)Freestanding sign- 10 foot setback from the property
line. (2)No signs are permitted in the public right-of-way.
(Bloomingion)General Standards pertaining to all districts: (5)No signs shall be posted,
painted or otherwise affixed to any rock, trash can, tree or other perennial plant or public
utility pole. No sign shall be painted on the outside of any fence or on the inside of fences
that do not enclose recreational areas.
(Coon Rapids) (1) All permanent ground signs shall be set back at least 18 feet from a
street right-of-way or ten(10) feet from any other property line, except that ground signs
along a Class I highway shall be set back at least 50 feet from a right-of-way unless there
is a frontage road between the property and the highway. If there is a frontage road, the
setback shall be 18 feet from the right-of-way. (2) Temporary signs shall be set back at
least one foot from a public sidewalk or 18 feet from the street pavement if there is no
sidewalk. In no case, however, shall a sign be located within a public right-of-way or
within ten (10) feet from any other property line. (3) A sign(including supporting
Page4of6 •
Staff Issues for Code Revision
structure)within the sight triangle shall either have maximum height of two and one half
feet or a minimum clearance of ten(10) feet above the center line grade of the intersecting
streets. The sight triangle shall be defined as a triangle located along the curb line or
gutter line of streets without curb and gutter of the intersecting streets and shall be fifty
(50) feet in length. The third side shall be a straight line joining the end points of the
adjacent sides.
•
(Fridley) See setbacks per each zoning district
(Minnetonka's) Subdivision 9 (e): All signs unless specifically noted otherwise shall
maintain a 10' setback from all lot lines....
(New Brighton) Section 9-040 c8: No sign provided for in this paragraph [temporary
signs] may be located closer than seven(7) feet to the paved portion of the street.
(Shoreview)260.081 Section D: Said signs shall be setback at least 9 feet from the edge of
any roadway or back of curb and at least 2 feet from the edge of a sidewalk or trail,
whichever is the greater.
• Must clarify the temporary sign portion-three permits per property or three _
permits per business? Mounds View Square, for example, has a number of
businesses on one piece of property- are they allowed only three signs per year?
(Coon Rapids) Section 11-2106 (b): Permits for portable for signs, banners, streamers,
spinners and other exterior temporary signs shall not be issued in conjunction with the
same business activity for more than thirty (30) days in any calendar year. [Applies to all
districts.]
(Eagan) J: Temporary signs for special business sales. There shall be no more than three
such signs on any lot, with a combined area of less than 25 square feet. Temporary
business signs shall be limited to a period of ten days out of any calendar month. The ten
days are counted sequentially from the day of installation of the first temporary sign to the
removal of all temporary signs.
(Fridley) See per zoning district. For example: C-1, C-2, C-3: Section 214.11, Subd. 6:
The number of permits issued per year for single and multiple use buildings/shopping
centers shall be based upon the number of businesses within said building as follows:
Number of Businesses Max. #of Permits Allowed
1-5 2
6-10 3
11-15 4 •
16+ 5
• Page 5 of 6
Staff Issues for Code Revision
(Minnetonka's) Subdivision 8 (d): Banners not to exceed 30 square feet according to the
following:
a. Maximum 30 day display period to coincide with the grand opening of a business;
b. A business may display a banner on two occasions per calendar year with a
maximum 10 day display period for each occasion.
(New Brighton's) 9-140 (d)businesses not located in multiple occupancy buildings which
has an established readerboard signs shall not be permitted temporary signing.
(Shoreview's) DO (6)(d)No temporary business signs shall be allowed for a business in a
building located on property which has a readerboard sign, except for authorized
temporary promotional sales.
(Wayzata's) 801.27.05 (0): The use of temporary and portable signs shall be limited only
to charitable, non-profit or civic organizations and shall require a temporary permit not to
exceed a period of ten(10) days. This permit may be granted by the City Manager, or
designee, no more than three (3)times during any twelve (12) month period per
organization. Portable and temporary signs may not exceed thirty(32) square feet in area
• unless first approved by Council and shall not be illuminated with any flashing device.
• Change code to read "three permits per calendar year," rather than just three per
year (requires less paperwork)
(Blaine's) Temporary signage/Promotional Events. Permits are allowed for a period not
to exceed fourteen(14) days. Four(4) permits may be issued per calendar year per
complex. This includes all banners, sidewalk sales, tent sales, and portable signage that is
displayed outside of the building.
(Bloomington) (d)(3): Banners and stringers may be used for special occasions. There
shall be no more than four such occasions per year, each occasion shall not exceed ten
days. Community festivals or other similar events may be exempted from the provisions
of this section with the approval of the City Council.
(Coon Rapids) 11-2106 (5)(b): Permits for portable signs, banners streamers, spinners and
other exterior temporary signs shall not be issued in conjunction with the same business
activity for more than thirty(3) days in any calendar year.
(New Brighton) 9-140 (b): Each business or lot may be issued two (2)temporary sign
permits any calendar year. Such temporary signs shall not be on display more than thirty
(30) days and there shall be at least a ninety(90) day period between permit effective
dates.
•
(Shoreview's) D)(6) (b): No more than two temporary business signs shall be allowed per
Page 6 of 6 •
Staff Issues for Code Revision
calendar year, per building, and permits for such signs shall not exceed five (5) days each
unless associated with a temporary promotion sale). In the case of a temporary
promotion sale, a temporary business sign may be displayed for up to 14 days and search
lights and inflatable deices my be used/displayed for up to three(3) days. All such signs or
devices shall be removed from the premises no more than one working day following the
expiration of the permit.
• Should the City require a deposit on temporary signs to ensure prompt removal?
Other cities do not address such deposit
• Clarification: are temporary signs allowed in residential districts? Should residents
be held to the 3 permit restriction and/or have to pay the fee? What types of
temporary signs would require a permit?
(Coon Rapids): 11-2106 95) (a) The Zoning Administrator may issue permits for the use
of portable signs, banners, streamers, spinners, revolving beacons, search lights or other
exterior temporary signs in commercial and industrial districts, as well as for institutional
uses in residential districts.
(New Brighton) 9-050 (c) Temporary signs . Temporary signs are permitted for churches; - -•
0
schools and public facilities only [in R-1 districts.]
(Shoreview's) D) (4) Seasonal Residential Sales Events: Limits hours of display but not
duration or how many per year. [garage sales]
(Wayzata's) 801.27.05 (0): Temporary and portable signs shall not be permitted in any
residential district.
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NOTES ON THE SIGN CODE REVISION DISCUSSION
FRIDAY, OCTOBER 06, 1995
•
Present:
Ron Schmidt, AMOCO
Marre Jo Sager, US Services Geological Survey
Steven Schack, Rent-All MN
Cindy Carlson, Western Bank
Sandy Huebener, Bud et Conceits
Steve Briggs, 6-Se e `tiaetVompany
Mrs. &Mrs. Morin, Concepts in Upholestry
Hany Atchan, EDU K TOYS
Stan Murzyn Jr., Murzyn Liquor
Cathy Bennett, Economic Development Coordinator
Paul Harrington, Community Development Coordinator
• Joyce Pruitt, Planning Associate
On October 06, 1995, the City of Mounds View invited community businesses to
attend a luncheon meeting in order to provide direction for future sign code revisions.
Revising the sign ordinance is an attempt to reevaluate regulations in an effort to
assist the business community, as well as maintain community aesthetics. The City
of Mounds View would like to thank each of you who were able to attend the
October 6, 1995 meeting. In addition, the suggested desired changes for future sign
code revision provides the City with the issues facing the business community.
From the meeting, areas discussed included the following:
• Outline the overall reasons for a sign ordinance. Create consistency within the
ordinance.
• Allow for a different set of standards/restrictions for stand alone business verses
the strip centers.
• Exempt employment signs for businesses from temporary sign permit
requirements. Size limitations could apply.
• Consider exceptions for Highway 10 businesses.
• • Review the requirements for the use of flags.
• Consider whether window painting advertisements should be regulated through
the sign code.
•
SIGNAGE MEETING NOTES •
PAGE TWO OF TWO
• Consider dropping the number of temporary sign permits. Instead, regulate
duration and standard of signs in place.
• Control maintenance standards for temporary sign permits with language such
as no rips, tears, bleached out signs, holes, etc. for any temporary or permanent
ns.
• Rsigegulate quality and maintenance of real estate and billboard signs.
• With new standards and revised ordinance in place, only allow two days for
compliance, then issue tickets to offenders.
• Open up signage for residentially-based businesses.
• Encourage creativity and quality in temporary signs.
• Define portable signage verses temporary signage.
• Allow towable signs with flashing arrow signs, as long as arrows would not be
illuminated.
The Planning Commission will be taking into consideration your comments during •
the November 15, 1995 Agenda meeting. Again, thank you for your attendance and
your suggestions. If you have further concerns or suggestions, please do not hesitate
to contact the City of Mounds View at 784-3055.
•
:;^:r{-23-:`4 4E 1 10: 16 ST PAUL ASSOC OF REALTOR FAX NC. 8127741177 P. 02
p.t {-
illint Paul Area Association. of TRI:-.-AT nr,_51,
rid. MULTIPLE LISTING SERVICE Associat _. .
' 325 East Raselawn Avenue • Saint Paul • VLN 55117
Ph:onc: 612/774-5206 • F.4 X: 61/;774-1177 - `
January 25,1994 .
1994 CfFcars
P.;slo>~`r Carla .Asleson
Dean Trar:or,GRI
?rte Planning Division
MkccyStapiesrtompwn City of Mounds View
Sccnfir.RY 2401 Highway 10
Henry Bra.•:d'is•cizi Mounds View,MN 5.112-1499
i'1tr:ck leo
N 'Er. — .'sr n.
' ,,.,ZN Dear Carla,
Michael Wood.Cal
1994 Directors As per our recut conversation regarding proposed changes to the Mounds View sigh
Islani,e 90yd,CRL CRS ordinance, I am writing to share with you language other municipalities have
Sh 4Caven.Gal g �g
Karhtcen DLfley,CRI incorporated into their ordinances. To date we have worked with the cities of
Daniel Frid.CM Cottage Grove, Mahtomedi, Roseville, and Shoreview ono defines that provide
i-:m•riar^s,CR3
1c:3ara;ardr:c.::iS consistency,cone Bence,and public safety considerations to communities. Our
'ate fixineal+ language is specific to placement of residential For Sale and Open House signs.
Nelson.Ga.
paps!
zy lane Rohde.C7:1 Our recommendations for consideration are:
Schmidt
int (1) On-Site Residential For Sale signs should have a set-back of 6 feet from the
Sieorrr.Tuvrticy,CPI edge of any roadway, and at least two feet from the edge of a sidewalk or trail.
Sher:7.7pdyke,dal
Noticnci Director . (2.)Off-site Open House sips could be displayed from 7:00 a.rn.-8:00 p.m.on a
3ewcriySchow,ci z weekday and from Saturday 6:00 a.m.to 8:00 p.m.on the last day of the weekend.
Stere Directors .
s:ter tCzaven.G:.I The ability to place a sign based on a readily visible standard such as the edge of a
Nztny stacore,'.irir,C1-,s roadway is citicaily important to us. Set-back based on a public r.'gnt-of-way:.as
Data Sullivan.'::u
Missy Staple*711e,= on little practical meaning to homeowners or to sign post companies because these
standards vary within a city and they vary greatly from city-to-city. Therefore,
`ice?re4Cenr an easily verifiable standard such as a road or sidewalk will provide the most
Henry?bandit.c..: consistency for sign placement .
cs -urive vice?re carr -
<eith o.::cict We ask that the Mounds View planning commission and city council include the St
Paul Area Association of Realtors(in their discussion as they consider sign
ordinance amendments related to the real estate industry.
Thank you for your wsili.ngess to hear our concerns.
Sincerely
I
...----- iy,
2$
- . - en Christofferson y
Govemmerlt Affairs Director
cc St.Paul Area Association of Reaitorst)Board of Directors and Government
Affairs Committee
FEB-20-96 TUE 13:49 ST PAUL ASSOC OF REALTOR FAX NO. 6127741177 P. 02
•T 4. 71 ca vi! ur :.1 :. R: GROW FAX E. s? 332
iQct NO: 561 P.
ia `
(b) Any combination oX signe or lighLe which cast •
light on property zoned for residential use
Shall not exceed 0. 4 feet (foot candle meter
reading; as measured from any property line
of such realdential property.
Co) In no instance shall expei.ed light bulbs be
utilized to light a.igns, property or
• mrrcnanalve far sole or rant. The lights shall
be hooded or controlled in acme manner so as
Lo direct light away .from public etreete or
adjacent or neorbY property.
(d) The illumination *source !hall not De placed so
to cause con:uelon or hazard to traffic, or to
Conflict with traffic control signs or lights.
<3; Holiday lights and decorations shall be permitted.
(D. Real Estate Sianac.
( 1) signs for the purpose of selling or leasing individual
lots or building shall be permitted( provided, that:
(a) Such signs shall not exceed nine square feet
for residential property and thirty-tvo square
feet for non-residential property. •
(D) Only cne aura sign is permitted-per street
frontage upon which the property stmts.
(c) Such sign shall be removed within seven days
following the lease or real vatete closing.
• (d) No part of such sign shall be eleeer than six Soot
from the back of the curb. IS there is a
lZCeyalk, no part of any sign !?tall be located
closer than two feet from the edge of the
sidewalk. •
(a) 'Temporary real estate directionsl signs may not
exceed 1S" X 24'. Said temporary sign may be
placed on public right-ef-way, but only between
the hogs of 12 o'clock noon until 8:00 P.X. on
yeekdays and from 6:00 A. M. Saturday until 8100
P.N. on the haat day of the weekend.
(2) Developer: Directional Sign Poste
ta) Developers Directional Sign Posts may be on public
or private property. In either case, abutting
property owner(s) !suet give written Consent in
alloying such sign on or in the front of their
property.
III IIIII
New Business link
IIINOffe
Winter1996 A Quarterly Publication of the City of New Nope,MN
Wedding Chapel SPOTLIGHT- Olson General Contractors
to Expand
Olson General Contractors,
The New Hope Plan- located at 5010 Hillsboro Avenue - — : :
ning Commission and City North,has been located in the GENERAL
Council have approved community for the past 26 years. Ett.,'1-
i , CONTRACTORS
expansion plans for the "
ESTABLISHED 1909
Olson General Contractors
Wedding Chapel,Inc.,
located at 7201 Bass Lake began in 1909 in South Minneapolis .. r
Road. Business owners as one of the Twin Cities early block ' I � I'- `1
manufacturers. As the company ,
_ �
Scott and Diana Ellingson — ! 1 � _ f—�. r _
--t1will add a 2,416 square grew it became a major concrete! �� � ,„ �.. Y�' s�
q masonry subcontractor for the metro 4a .0-:-.
t
foot addition along the area. The company moved to New -.ate-- - _ N==
south and east sides of the
Bob Olson and Ed Anderson, P.E, Olson General Contractors
existing 4,638 square foot SPOTLIGHT(con't on page 4)
building. The addition will
• add dressing rooms,a Changes to the Sign Code
ent preparation room
' id a receiving area. The
In November the New Hope Planning Commission and City Council approved
addition will bring the total amendments to the Sign Code requirements for shopping center ground signs to allow
building size to 7,054 greater flexibility for both owners and tenants.The code change was initiated by an
square feet and will include application from Winnetka Shopping Center to replace their existing pylon sign.
building materials consisting Winnetka Shopping Center wanted to identify more tenants on the ground sign and allow
of horizontal lap siding, the use of business logos,which were prohibited by City Code.
cedar trim,and stucco
A study completed by a subcommittee of the Planning Commission found that the
Wedding Chapel(con't on page 2) City was more restrictive than neighboring cities in regards to the content and tenant
directory portions ofthe shopping center sign requirements. It found that most cities
��/dam This rather
sign size
rather than content or
Issue presentation. As a sNoPP(NG CENTER GROUNT SIGN CHANGES
result,the Council REQUIREMENTS I OLD I NEW
?996. Goals and approved several
Objectives significant changes to Size 200 so.ft. 200 so.ft.
the sign code regard- Height 30 ft. 30 ft.
-Wedding Chapel Setback 20 ft. 20 ft.
ing shopping center
Expansion Sh000ing Center Name ID 30%of sign area 15%of sign area
signs and these
Sign Code Changes changes are outlined Tenant Directory I 70%of sign area No Reouirement
Funeral Chapel in the adjacent chart. Tenant ID • Not to exceed 28 sq.ft. No Requirement
'Qevelopment If you have any Tenant Directory Not to exceed 5 businesses No Requirement
Presentation Uniform style,letter.font,color No Requirement
questions.please
Newsletter Survey contact the City staff Business Logos Not Permitted I No Requirement
at 531-5100. E Reader Boards Prohibited Allowed
. Chapter 1008
SIGNS AND BILLBOARDS
SECTION:
1008.00: Purpose
1008.01: Definitions
1008.02: Building Permit Required;Exceptions
1008.03: Application for Permit
1008.04: Permit Fees; Waiver
1008.05: Issuance of Permit; Conditions
1008.09: Location, Design and Construction Standards
1008.10: Violation of Provisions
1008.00 PURPOSE:It is the intent of this chapter to permit use of signs whic are compatible
with their surroundings and are legible whicle at the same time assuring that the
public is not endangered or distracted by the unsafe or indiscriminate use of such
signs.
Subd 1 The Council has determined that the regulations set forth in this chapter are
necessary for the following reasons, among others: to preserve the residential
• character or residential neighborhoods; to preserve order and cleanliness; to avoid
the appearance of clutter; to protect property values; to avoid litter and the growth of
weeds around signs; to reduce the traffic hazard caused by distractions to motorists
and the impairments of sight lines; to ensure that the City remains an attractive place
to live and work; to reduce administrative burdens; and to protect the health, safety,
welfare, morals and convenience and comfort of the public.
1008.01: DEFINITIONS: The following terms have the meanings ascribed to them in this
Section:
Subd-1: ABANDONED SIG• _ • • • •• • '_ ••
operation for a period of more than three (3) months or any sign which pertains to a
time, event or purpose which no longer applies, shall be deemed to have been
abandoned Permanent signs applicable to a business temporarily suspended
because of a change of ownership or management shall not be deemed abandoned
unless the property remains vacant for a period of more than three (3) months.
Subd. 2. BANNER: An attention-getting device, the materials of which consist of paper,
cloth or of other man-made materials and which are of a temporary nature.
Subd. 3. BILLBOARD: An advertising sign located off the premises where the advertised
• product is sold or offered. It is usually, but not necessarily, owned by an
advertising company.
2 .
Subd.4. BUSINESS OCCUPANT: An individual or group of individuals owning, renting
or leasing a building or part thereof to conduct a business separate of others.
Subd. 5. BUSINESS SIGN: A sign that states the proper name of the business,
organization or institution located on the premises on which the sign is located.
Subd. 6. GROUND SIGN: A detached sign erected upon or supported by the ground and
not attached to any building.
Subd 7. NON-COMMERCIAL OPINION SIGNAGE:A sign which expresses an opinion or
feeling of an individual or group and which its principal purpose is not forhte
promotion of any good or service.
Subd. 8. PEDESTAL SIGN: A ground sign erected upon a single post or shaft or upon two (2)
posts to shafts that merge or touch at the base or which are not more than fifteen(15')
apart, center of shaft to center of shaft, with the display portion mounted on top
thereof at least seven feet(7') above the surface of the street adjacent to the property
on which the sign is located. No such sign shall have a sign area of more than three
hundred forty(340) square feet on each side. No business property shall have more
than one pedestal sign adjacent to each street upon which such business property
abuts; provided, that on each street frontage of more than one hundred feet (100'); one — ID
additional pedestal sign may be established and maintained on such street frontage if
such additional pedestal sign a) is located on a single pole, b) does not exceed twenty-
eight (28) square feet in any area on any side and does not have more than two (2)
sides, c) is not more than four feet (4') in width or seven(7') above the surface of the
street. In lieu of one additional pedestal sign, two (2) separate signs may be located
on the same pole, but such two (2) signs combined shall not exceed, in any area or
dimensions, the limitations applicable to a single additional pedestal sign. No pedestal
sign shall be so designed as to have both a) moving parts, and b) moving or blinking
lights. In addition to the pedestal signs permitted by the forgoing provisions of this
subdivision, a sign advertising a public telephone may be located in the area ahead of
the building setback line on the structure in which such public telephone is located.
Subd. 9. PORTABLE SIGN: A back to back, mobile advertising device which may be
e
mounted on wheels and used for commercial as well as civic promotions.
Subd. 10. PROJECTING SIGN: A sign other than a wall sign suspended from or supported
by a building or structure and projecting out therefrom.
Subd. 11. ROOF SIGN: A sign erected upon or above the roof or parapet wall of a building
or structure:
•
Subd. 12. SIGN: A sign, the primary function of which is to direct attention to a product,
• 3
service or activity that is sold or offered either elsewhere or upon the premises
where such sign is located or to which it is affixed.
Subd.13. SIGN, ADVERTISING: A sign, the primary function of which is to direct
attention to a product, service or activity that is sold or offered either elsewhere or
upon the premises where such sign is located or to which it is affixed.
Subd. 14. SIGN AREA: That area of a sign within the marginal lines of the surface, which
bears the announcement, name, advertisement or other message or, in the case of
letters, figures or symbols, attached directly to any part of a building, the area
which is included in the smallest rectangle which can be made to circumscribe each
letter, figure or symbol displayed thereon.
Subd. 15. SIGN, DIRECTIONAL: A sign for the purpose of making specific commercial,
industrial or public and semi-public locations known and to assist in finding these
locations on theproperty on which the sign is located.
Subd. 16. SIGN, FLASHING: Any illuminated sign on which the artificial light is not
maintained stationary and/or constant in intensity and color at all time when such
sign is in use.
Subd. 17. SIGN, IDENTIFICATION: A sign, the primary function of which is to identify a
residential, commercial, industrial or public or semi-public use located upon the
premises where such sign is located or which to the product, service or activity
that is sold or offered upon the premises. Signs identifying industrial uses may call
attention to the product, goods, or material which is produced, processed
assembled or stored upon the premises.
Subd. 18. SIGN, ILLUMINATED: Any illuminated sign on which the artificial light is
maintained stationary and/or constant in intensity and color at all times when such
sign is in use.
Subd. 19. TEMPORARY SIGN: A sign so designed as to be movable from one location to
another and which is not permanently attached to the ground, a sign structure or a
building. -
Subd. 20. WALL SIGN: A sign attached to or erected against the wall of a building or
structure with the exposed face of the sign in a plane approximately parallel to the
face of said wall.
1008.02 BUILDING PERMIT REQUIRED; EXCEPTIONS:
•
Subd. 1 Permit Required: It is unlawful to install, construct, erect, alter, revise, reconstruct or
4 •
relocate an outdoor sign or structure, as defined in Section 1008.01 of this Chapter, in
the Municipality without first obtaining a permit therefor as required.by this Chapter,
except as provided in subdivision 2 of this Section. (1988 Code §§ 39.02)
Subd. 2 Exceptions: Permits need not be obtained, but the other provisions of this Chapter
shall be observed, for the following types of signs:
a. A sign not exceeding ten(10) square feet in area, pertaining only to the sale,
rental or lease of the premises, upon which displayed.
b. A sign on residential property stating only the name of the occupant, which sign
shall not exceed two (2) square feet in area.
c. A sign on property on which a public, charitable or religious institution is located,
stating the name and nature or the occupant and information as to the conditions
of use or occupancy or a sign on such property used by the institution as a bulletin
board, which sign shall not exceed ten (10) square feet in area. •
d. A wall sign advertising the business located in the building upon which
displayed, where such sign is erected by the owner or proprietor of the business •
• located therein.
e. A campaign sign as provided for in subdivision 1008.08 (12) of this Chapter
(1988 Code §§39.03; 1993 Code)
1008.03: 'APPLICATION FOR PERMIT: Application for permits shall be made upon forms
provided by the Clerk-Administrator and shall include the following information:
Subd.1 The name, address and telephone number of the applicant.
Subd. 2 The location of the building, structure or lot to which or upon which the sign is
to be placed.
Subd. 3 The position of the sign or other advertising structure in relation to nearby
buildings, structures and streets or highways, if necessary.
Subd. 4 Two (2) blueprints or ink drawings of the plans and specifications and
methods of construction and attachment to the building ground.
• Subd. 5 A copy of the stress sheets and calculations may be required by the Inspector,
on larger signs, showing that the structure is designed for dead load and wind •
pressure in any direction in the amount required by this Chapter and any other
applicable law.
• 5
Subd. 6 The name of the person erecting the structure, if not the applicant, or the name
of the person on whose property the structure is to be located, if not the
applicant.
Subd. 7 The written consent of the owner of the property, if not the applicant.
Subd. 8 A statement as to whether the sign will be illuminated or not.
Subd. 9 A statement as to whether any electric lights on the sign will be"moving" or
blinking.
•
Subd. 10 A statement as to whether the sign will be single-faced, double-faced or multi-
•
faced.
Subd. 11 A statement as to whether or not the copy on the sign will be changeable
Subd. 12. A statement as to whether or not the copy on the sign will relate only to the
business or activity conducted on the premises on which the sign is to be located.
(1988 Code 39.09)
• 1008.04 PERMIT FEES; WAIVER
Subd. 1. Fee: The application for a permit shall be accompanied by the required permit
fee. The permit fee shall be established by resolution of the City Council.
(1988 Code §§39.10)
Subd. 2. Waiver: the Council may, in its discretion, waive the fee required by the Section
where the signs are to be erected by civic or religious organizations. (1988
Code §§ 39.11)
1008.05: ISSUANCE OF PERMIT; CONDITIONS;
Subd. 1. Issuance: Upon presentation of application, permit fee, plans and specifications
and other required information, the sign construction permit shall be issued by
the Clerk-Administrator, except as provided in Subdivision'2 of this Section.
Subd. 2. Special Approval from Council: In the case of an application for a sign
requiring a special permit or which will be illuminated or moving or of unusual
height, size, design, or location, the Clerk-Administrator shall refer such sign
to the Council for approval. No permits for any such sign so referred, shall be
issued without first obtaining the approval of the Council. (1988 Code §§ 39.14)
• 1008.06: SIGN INSTALLER'S LICENSE PROVISIONS:
6 •
•
Subd. 1. License Required: No person shall engage in the business of installing signs nor
shall be entitled to receive a permit to install a sign in connection with such
business unless he first is licensed by the Municipality to do so.
Subd. 2. Application and Fee: A license may be granted by the Council upon written
application to the Clerk-Administrator and accompanied by an annual license
fee as established by resolution of the City Council. (1988 Code §§ 34.05)
Subd. 3 Liability Insurance: Any person holding a licensee shall file with the Clerk-
Administrator policies of public liability and property damage insurance which
shall remain and be in force and effect during the entire term of said license and
which shall contain a provision that they shall not be canceled without ten(10)
days' written notice to the Municipality. Public liability insurance should not
be less than one hundred thousand dollars($100,000.00) for injuries, including
accidental death to any one person and subject to the same limit for each
person in an amount not less than three thousand dollars ($300,000.00) on
account of anyone accident, and property insurance in the amount of
not less than fifty thousand dollars ($50,000.00) (1988 Code §§ 39.07)
Subd.4. Expiration: Licenses shall be issued on an annual basis, with the license year
running from July 1 through the following June 30. (1988 Code §§ 39.08) 1111
Subd.5 Revocation: A license may be terminated and renewal thereof may be denied by
the Council for cause after notice to the licensee and reasonable opportunity
for the licensee to be heard on the question of such termination. Cause shall
include any repeated or persistent violation of the requirements of this Chapter
(1988 Code§§$ 34.06)
1008.07: MAINTENANCE OF PREMISES:
Premises on which ground signs are located shall be maintained free of weeds and
debris, and where landscaping was part of the original sign permit, such landscaping
shall be maintained in the manner provided in such permits.
1008.08: LOCATION,DESIGN AND CONSTRUCTION STANDARDS:
Subd. 1. General Standards: Every sign shall conform to the standards of this Section
whether or not a permit therefor is required, and nothing contained herein shall
be construed as modifying or repealing any of the provisions of this Code relating to
zoning. No sign shall be so located as to obscure or tend to obscure any existing sign.
The following additional requirements are to be observed:
a. All signs shall be constructed in accordance with the Minnesota State Building •
Code.
• 7
b. All electric signs shall be approved and labeled as conforming to the standards of
the Underwriters'Laboratories, Inc. the United States Bureau of Standards or
other similar institutions of recognized standing. All illuminating elements shall
be kept in satisfactory working condition or immediately repaired or replaced
Signs that are partly illuminated shall meet all electrical requirements for that
portion which is illuminated
c. All permanent freestanding signs shall have self-supporting structures erected on
and permanently attached to concrete foundations.
d For wall signs, the wall must be designed for and have sufficient strength to
support the sign.
e. Signs shall be constructed to withstand the following wind loads:
1. for solid signs, 30 pounds per square foot on one face of the sign; and
2. for other signs, 36 pounds per square foot of the total surface, or 10 pounds
per square foot of the gross area of the sign as determined by the overall
dimensions of the sign, whichever is greater.
• f. Each ground sign shall be securely built, constructed and erected on the - - -
ground. Temporary signs shall be so designed that they are not readily
overturned.
g. No sign structure shall be attached or placed upon any building in such a
manner as to obstruct any fire escape or any window or door nor shall any
sign structure be attached to a fire escape.
h. No sign erected before the effective date hereof shall be rebuilt, altered or
removed to a new location without being brought into compliance with the
requirements hereof.
i. No swinging sign shall hereafter be erected or hung on or attached to any
building within the Municipality, and every such sign so erected. Hung or
attached prior to the effective date hereof which is deemed unsafe by the
Building Inspector shall be immediately removed by the owner thereof or
changes to conform with the requirements of this Chapter when so ordered
by the Building Inspector.
j. Where portions of a sign are subject to a different classification, each
portion shall meet the requirements of a classification.
•
k. Each sign requiring aP ermit shall have an identifying number to be
8 •
provided by the Inspector, which number shall be posted on the exterior
surface of the sign structure in a location where such information will be
readily visible after the sign is constructed.
1. All signs and sign structures shall be maintained in a safe condition and in a
state of good repair at all times. No sign shall display matter that has been
deemed.obscene by a court of competent jurisdiction.
m. Each sign shall be used and maintained only in the manner permitted and
subject to the conditions imposed at the time the permit was granted.
n. The following additional conditions shall be observed:
(1)No ground sign(except temporary signs, portable signs or banners), signboard
or billboard shall approach at any point nearer than three feet (3') to any
building unless such sign is placed parallel to the side of the building, nor shall
any such sign be placed within six feet (6') of the side of any lot nor nearer that
fifteen(15') to any street line where there is no established or customary
building line nor within twenty five feet (25') of any street corner right of way.
Whenever the established or customary uniform building line upon the street
where such ground sign is to be erected is more than fifteen feet(15')from the •
street or property line, then such sign shall not approach nearer the street than
the established uniform building line'.
(2)The owner, lessee or occupant of the land on which the ground is located and
the owner of the sign shall keep the property on which the sign is located free
of long grass, weeds or other rank growth, rubbish or debris.
(3) All parts of ground signs shall be designed for wind pressure of not less than
thirty (30) pounds per square foot, and ground signs of wood construction
shall have all members which extend into the ground protected from decay by
treatment with a preservative approved by the Building Inspector.
(4)No permit shall be granted for the location of any ground sign having a sign
area of more than forty (40) square feet within one hundred feet (100') of any
single family residence; provided that the Council may grant a special permit
therefor if the owner of such residence gives his written consent thereto.
(5)Pedestal signs permitted by the zoning regulations of the Municipality' and
by this Chapter may be located adjacent to the right of way of a street or
highway, but no part thereof shall extend over such right of way.
•
See Title 1100 of this Code.
• 9
(6)No sign shall exceed thirty five feet (35') in height(1988 Code §§ 39.14)
Subd. 2 Signs allowed by District: The following requirements are for allowable signs
as they pertain to zoned districts:
a. R-1 Single Family Residential Districts
(1) A name on residential property stating only the name or address of the
occupant not exceeding two (2) square feet in size.
(2) A sign not exceeding ten(10) square feet in area pertaining only to the sale,
rental or leasing of the premises upon which displayed.
(3) A sign, as allowed in subdivision 1106.03 (3) of this Code, pertaining
to home occupations.
(4) One Non-Commerical Opinion sign on private property only. This sign may
be placed only upon approval of the proeprty owner, and may not exceed
three (3) square feet in area and four (4)feet in height. This sign must be a
minimum distance of ten (10)feet from a street curb and ten (10)feet from a
. driveway. _
(5) Signs as allowed in subdivision 11 of this Section.
b. R-2 Single and Two-Family Residential District:Signs as allowed in Subdivision
2a hereof.
c. R-3 Medium Density Residential District: Signs as allowed in Subdivision 2a
hereof.
d. R-4 High Density Residential District:
(1) Signs as allowed in subdivision 2a hereof.
(2) Direction signs for office, model, apartments, etc., locations not exceeding five
(5) square feet.
e. R-O Residential-Office District: Signs as allowed in subdivision 2d hereof.
f. B-1 Neighborhood Business District:
• (1) Signs not exceeding one hundred (100) square feet total area combined. This
includes all types of permanent signs, as defined in Section 1008.01 of this
10 •
Chapter.
(2) Temporary signs, as allowed in subdivision 9e if this Section.
(3) Any single sign or signable area permitted on a site which is dvoted to any
commerical or industrial use (whether as a permitted use, accessory use,
conditional use or non-conforming use) may be used, in lieu or other signage
permitted under this Chapter, as a Non-Commerical Opinion Sign.
g. B-2 Limited Business District:
(1) Signs not exceeding one hundred(100) square feet per business occupant.
This includes all types of permanent signs, as defined in Section 1008.01 of this
Chapter.
(2) Temporary signs, as allowed in Subdivision 9e of this Section.
(3) Any single sign or signable area permitted on a site which is dvoted to any
commerical or industrial use (whether as a permitted use, accessory use,
conditional use or non-conforming use) may be used, in lieu or other signage
permitted under this Chapter, as a Non-Commerical Opinion Sign. • .
h. B-3 highway Business District: Signs as allowed in subdivision 2g hereof.
i. B-4 Regional Business District: Signs as allowed in subdivision 2g hereof.
j. I-1 Light Industrial District: Signs as allowed in subdivision 2g hereof.
k. Other Signs Allowed in Certain Districts: B-3 Highway Business District, B-4
Regional Business District and I-1 Light Industrial District may have, besides the
one hundred (100) square feet signage per business occupant, one general pedestal
sign not exceeding three hundred forty (340) square feet. Only one pedestal sign is
allowed per property.
Subd. 3 Traffic-Control Related Sign Regulations: Compliance with the following regulations
relative to traffic control is required:
a. No moving or flashing sign shall be located or maintained within fifty feet (50') of
an intersection at which traffic semaphores are located.
b. No sign shall be designed, located or maintained so as to be likely to obscure or .
conceal or cause confusion as to any traffic-control sign or device.
•
• 11
c. No sign shall be located or maintained on or over any public street or highway
right of way unless specifically permitted by the zoning regulations of the
Municipality.'
d. There shall be no use of revolving beacons, zip flashers, flashing signs or similar
devices that would distract automobile traffic as to constitute a safety hazard. The
illumination of any sign located near a residential district shall be defused or
indirect and located so as not to direct light on residences.' No flashing sign shall
be located in such close proximity to residencies or residential property as to
constitute a nuisance to persons residing on the property by reason of flashing of
the lights in such sign.
e. The sign shall be located or maintained so as not to interfere with the ability of
drivers or pedestrians to see any crossroad or crosswalk.4
Subd. 4 Clearance of Signs from Conductors: the minimum clearance of any sign from
unprotected electrical conductors (whether poles or other installations) shall not be
less than thirty six inches (36") for conductors carrying not over six hundred (600)
volts and forty eight inches (48") for conductors carrying more than six hundred
• (600) volts.
•
Subd. 5 Signs Along Freeways: Except as otherwise provided in this Chapter, signs located on
property adjacent to any freeway within the Municipality (including Interstate
Highway 35W) shall be business signs advertising business being conducted in the
premises on which the signs are located. No "traveling" or changing-message signs
shall be located so as to face any freeway or be visible from the freeway. The
provisions of this subdivision, however, shall not be construed to render illegal or
nonconforming any signs which are legally located along any such freeway at the
effective date herein. Any billboard legally located along any such freeway at the
effective date hereof may be replaced, subject to compliance with the other provisions
of this Chapter, either in the same location or at another location along any such
freeway; provided that such alternate location is first approved by the Council.
Subd. 6 Projection Signs': the following standards shall be maintained for all projections signs:
2 See Title 1100 of this Code; see also subdivision 604.03 (3) n of this Code.
3 See Section 1103.09 of this Code.
• 4 See also Subdivision 604.03 (3)b of this Code.
•
12 •
a. All portions of projection signs shall be designed for a wind pressure of not
less than thirty(30) pounds per square foot.
b. Such signs shall not project over public street right of way but may project
over sidewalks located on private walks. No such sign shall be less than twelve
feet (12') above the level of the sidewalk; provided that such signs which do not
exceed four(4) square feet and which do not project more than two feet (2') over
the sidewalk may be eight feet(8') or more above the sidewalk. No projection sign
shall project beyond a curb line nor project more than eight feet (8') over any
private sidewalk.
c. There shall be no more than two feet (2') of space between the inner edge
of any such sign and the face of the wall from which it projects, nor shall
the outer edge of the sign be more than eight (8') from the face of the wall.
d. The building or structure from which any such sign projects and all
attachments or fastenings must be so constructed as to safely resist the
dead load and wind load added by the attached sign.
e. All such signs shall be of noncombustible materials or of not less than one
hour of fire-resistive construction..:
Subd. 7 Roof Signs: The following standards shall be maintained for all roof signs:
a. No roof sign shall be located nearer than five feet (5')for the outside wall toward
which it faces nor exceed twenty five feet (35') in height above the roof level of
the building unless constructed integral with the building or structure, nor shall it
project beyond the edge of said roof in any direction.
b. Every such sign shall be either metal, metal clad, incombustible, open wire or open
metal sign; except, that such sign may have letters, figures, characters or borders
of wood if such borders do not exceed four inches (4") in width and such wooden
letters, figures, or characters do not cover more than twenty five percent (25%) of
the area of such sign; provided, that in place of sheet metal, substitution may be
made of the following materials; tempered pressed wood or other similar materials
approved by the Building Inspector, having equal properties as to strength, fire and
moisture resistance.
c. No such sign shall be so placed as to prevent passage of persons from one
part of the roof to another.
d. The building or structure upon which such sign is placed and all •
attachments or fastenings must be so constructed as to safely resist the dead load
• 13
and the wind load added by the attached sign and in such a manner as not to cause
damage to the building or structure on which such sign is placed.
e. No roof sign shall be more than sixty five (65') in length, nor shall it extend more
than twenty five feet(25') above the surface of the roof of the building on which it
is located. No roof sign shall extend more than forty five feet (45') above the
average ground level of that part of the street toward which it faces.
Subd. 8 Wall Signs: The following standards must be maintained for all wall signs:
a. No wall sign shall have a projection over a private sidewalk or an established
building line of more than twelve inches (12").
b. The materials, construction and attachment of any such sign shall meet the same
standards and requirements as roof signs.
Subd. 9 Banners, Temporary or Portable Signs: Temporary signs, as defined in Section
1008.01 of this Chapter shall comply with the provisions of hereof. The following
standards shall be maintained for all banners, temporary or portable signs:
• a. Temporary signs and banners attached to any building constructed of canvass,
plastic material, cloth or other material with or without framework, shall be
strongly constructed and shall be securely attached to their supports. They shall be
removed (including all framework and supports) as soon as damaged or torn and
in no case later than twenty one(21) days after erection.
b. Banners and temporary signs shall not be larger than one hundred twenty(120)
square feet in area for each twenty feet (20') of building frontage. There shall not
be more than one temporary sign on any building frontage.
c. No banner or temporary signs shall project over public property or nght of way
but may extend a maximum of six inches (6") from the face of the building.
d. Banners and temporary signs shall not be hung do as to cover, either partially or
completely, any door, window or opening required for ventilation.
e. No temporary sign, banner or portable sign shall be located on any multiple
residence, commercial or industrial property in the City without first obtaining a
permit therefor form the City. If the City determines to grant an application for a
permit for any such temporary sign, banner or portable sign, it may impose
conditions upon the granting thereof, and it shall be unlawful to locate or maintain
• any such sign or bannering for a longer period or in a different manner than
specified in the permit. No such permit shall be granted, however, where such
14 •
temporary signs, banners or portable signs are prohibited by other provisions of
this Code.
f. No portable sign or temporary sign shall exceed thirty two (32) square feet on
each side.
g. No portable sign, temporary sign or banner shall be located on any property in the
City for more than twenty one (21) days at one time or for more than three (3)
twenty one (21) day periods in any one year.
h. The Council may allow administrative approval of sign installation for signs of
identical design being installed by a business or individual. Once Council approval
has been obtained for a particular sign design, the applicant may receive
administrative permits for the installation of such sign from the Clerk-
Administrator following submittal of all relevant information as outlined in Section
1008.03 of this.Chapter and receipt of applicable fees.
Subd. 10 Billboards: A permit shall not be issued for any new billboard or advertising sign
located off the premises where the advertised product is sold if such billboard or sign
would be within three hundred feet (300') of any other such billboard or sign already in
existence. Any billboard destroyed by an act of God may be rebuilt within thirty(30) .. -11-
days if the construction of same would comply with this subdivision.
Subd. 11 Campaign Signs: the following regulations shall apply to all campaign signs for
political candidates or issues:
a. No more than one sign shall be erected per candidate or issue along each street
frontage of any parcel of land.
b. Campaign signs shall not exceed twelve (12) square feet and not exceed four feet
(4') in height above the ground; except, where such signs are located no closer that
one hundred fifty feet (150')to the property line of a residential dwelling, the
maximum size shall be thirty two (32)square feet, and the maximum height above
the ground shall be six feet (6').
c. Campaign signs may be displayed from the last day of candidacy filing or thirty
(30) days before an election, whichever is earlier.
d. All campaign signs must be removed no later than five (5) days after an election;
except, that after a primary election, signs for the winning primary candidates need
not be removed until after the ensuing general election (1988 Code §§ 39.14; 1993
Code)
• 15
1008.09 VARIANCE
Subd 1 It is recognized that regulations provided in this ordinance cannot sensitively handle
all the sign situations in the City of Mounds View. Therefore, the City may approve a
variance for a sign otherwise not permitted by these regulations where such
exception would not be inconsistent with the intent of the sign regulations.
Subd 2 Conditions to granting a sign variance. No variance shall be granted unless the City
shall find that either condition (1) or (2) hereinafter set forth exists:
(1) All of the following requirements must be met:
a. Special conditions exist which are peculiar to the land, structure, building
involved and which are not applicable to other lands, structures, or buildings
in the same district; and,
b. That the special conditions and circumstances do not result from the action of
of the applicant; and
c. That literal interpretation of the provisions of these regulations would deprive
411 the applicant of rights commonly enjoyed by other properties in the same
district and the terms of these sign regulations; and
d That granting the variance requested would not confer on the applicant any
special privilege for a use not common to other lands, structures, or buildings
in the same district; and
e. The proposed use of the property shall have an appearance that will not have
an adverse effect upon adjacent properties and there will be no deterrence to
development of land
(2) Any proposed signage beyond the maximum square footage permitted would have
the primary function of providing a public service.
Subd 3Variance requests,fees. All requests shall be made in writing on the form
provided by the-city and the request shall include the fee specified in the City's Fee
Charges. All information required when applying for a sign permit, as outlined in
Section 1008.03 shall be required before the request for a variance is considered
1008.09: ABROGATION AND GREATER RESTRICTION:
• Where the conditions imposed by any provisions of this Chapter are either more or
less than comparable conditions imposed by any other code, rule or regulations of the
16 •
City, the code, rule or regulation which imposes the more restrictive condition,
standard or requirement shall prevail. (1988 Code §§ 39.14)
1008.10 VIOLATION OF PROVISIONS:
a. Any person found violating any of the provisions of this Chapter shall be guilty of
a misdemeanor. (1988 Code §§ 39.15)
b. REMOVAL OF ABANDONED OR ILLEGAL SIGNS:
1. The City Clerk-Administrator, or his/her designee, may order the removal of
any sign erected or maintained in violation of this ordinance. Ten (10) days
notice in writing shall be given to the owners of such sign, or the owner of the
building, structure or premises on which such sign is located, to either bring
the sign into compliance with this ordinance, or effect its removal. Upon
failure to remove the sign or to comply with this notice, the City Clerk-
Administrator, or his/her designee, shall remove the sign. The City may not
be held liable for any damage to an impounded sign. The City shall remove
the signs immediately and without notice if it reasonably appears that the
condition of the sign is such as to present an immediate threat to the safety of
the public. Any cost of removal incurred by the City shall be assessed to the •
owner of the property on which such sign is located or may be collected in
appropriate legal proceedings.
2. The City, at any time and without notice, may order the immediate
impoundment of signs which have been installed on public property, within a
public right-of-way or within a public easement.
3. The City shall have no obligation to notify a property owner that it has an
impounded temporary sign.
4. Payment of Impoundment Release Fee. Any subsequent impoundments(s),
within one calendar year,for a particular property will require payment of
double the initial impoundment fee.
5. Any impounded sign must be retrieved from the impound areas within 30 days
of the impoundment or the City will dispose of it.
•