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HomeMy WebLinkAbout07-24-2013 PLANNING COMMISSION REGULAR MEETING AGENDA July 24, 2013 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business A. Recognition of Holly Smith for Her Years of Service on the Planning Commission 4. Approval of Minutes: June 19, 2013 5. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, give your full name and address for the record.) 6. Planning Cases None 7. Other Planning Activity A. Renewable Energy Code Amendment B. County Road 10 Corridor Discussion 8. Next Planning Commission Meetings: A. Wednesday, August 7, 2013 B. Wednesday, August 21, 2013 9. Review Minutes: A. July 9, 2013 10. Staff Reports A. Upcoming Planning Cases 11. Chairperson and Planning Commissioner’s Reports 12. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 9, 2013 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Vice Chair Schiltgen at 7:22 p.m. for July 9, 2013. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Elofson, Love, Rundle, Schiltgen, and Stevenson (arrived at 7:25 p.m.). Absent and Excused: Commissioner Carvelli-Yu and Smith. Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 Renewable Energy Code Amendment 2 _____________________________________________________________________________ 3. Approval of Minutes June 5, 2013. MOTION/SECOND: Commissioner Rundle/Commissioner Elofson. To approve the Minutes of the June 5, 2013 regular Planning Commission meeting as slightly amended. Ayes – 4 Nays – 0 Motion carried. Mounds View Planning Commission July 9, 2013 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases None. ______________________________________________________________________________ 6. Other Planning Activity A. Renewable Energy Code Amendment Planning Associate Heller commented the Commission started discussion on the Zoning Code in regards to renewable energy system installations, such as solar energy, wind generators or geothermal systems. She reviewed the language that has been pulled together for the ordinance and recommended wind turbines proceed as a conditional use. She requested further comment from the Commission. Chair Stevenson supported having wind turbines as a conditional use due to the fact a neighborhood would be affected by its installation. Discussion ensured regarding a solar system currently installed in Mounds View. The Commission was in favor of having solar panels not exceed the roof peak by more than three feet in the R-1 zoning district. Commissioner Love did not object to the visual appearance of solar panels. She questioned how large solar panels could be. She recommended the City invite a solar panel vendor to speak to the Commission at a future meeting. Chair Stevenson asked what qualified as a ‘large’ or ‘small’ wind turbine. Associate Heller stated there could be industry standards for these terms and she would look into this further and report back to the Commission. Commissioner Love inquired if two homeowners could share a wind turbine. Associate Heller indicated this could only be completed if all setback requirements within the ordinance were met. She stated requests may come before the City in the future and a variance could be considered by the Planning Commission. Discussion ensued regarding tree replacement plans and the criteria for approval for wind turbines. Mounds View Planning Commission July 9, 2013 Regular Meeting Page 3 ________________________________________________________________________ Associate Heller commented she would continue to revise the language on the Code and bring it back before the Commission at a future meeting. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. July 24, 2013 (Note week change) B. August 7, 2013 ______________________________________________________________________________ 8. Review Minutes: A. June 19, 2013 The Commission discussed the June 19, 2013 meeting minutes and noted a couple of changes. 9. Staff Updates A. Upcoming Planning Cases Planning Associate Heller discussed upcoming planning cases. She noted the City recently purchased the Taiko Restaurant and was hoping to purchase Robert’s Sports Bar in the near future. These properties could then be combined with the city-owned Premium Stop site for a future redevelopment. Associate Heller noted the Apple Tree Dental financing was approved last night by the Council and hoped to close on the property in mid-August. She indicated the Northwoods Outdoor business was open for business and would holding a ribbon cutting ceremony in the near future. 10. Chairperson and Planning Commissioners Reports Commissioner Love encouraged the Commission members to read a book called Vision for Better Communities. She found the information in this book to be current and progressive when addressing planning activities. Associate Heller commented the Commission had funds available for training and could possibly use it to purchase these books. Mounds View Planning Commission July 9, 2013 Regular Meeting Page 4 ________________________________________________________________________ 11. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:22 p.m. ______________________________________________________________________________ Respectfully submitted, Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 7A Meeting Date: July 24, 2013 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Renewable Energy Code Amendment The Planning Commission has been reviewing the Zoning Code in regards to renewable energy system installations, such as solar energy, wind generators or geothermal systems. The City should update the City Code to help promote renewable energy systems and not hinder or make it difficult for a property owner to install a system. There is now a lot of information available about these systems, and the City can make better decisions about how and where renewable energy system installations are done. DISCUSS: The Planning Commission has discussed what regulations to include when creating a new ordinance for the three different types of renewable energy: solar energy systems (SES), geothermal systems (GSHPS) and wind energy conversion systems (WECS). Staff has put together ordinance language that includes these three systems for the Planning Commission to review. The Planning Commission discussed the proposed ordinance at the July 9, 2013 meeting and suggested a few details to include. Staff has added a definition for large and small WECS (wind energy conversion systems). Other ordinances defined large and small WECS by either size or electrical capacity. Since the proposed language already specified height limitations for the large and small WECS, staff defined them by electrical capacity. Staff also specified a two acre minimum lot size required for large WECS in Chapter 1128.05 Subd. 2a1. RECOMMENDATION: The Planning Commission should review and discuss the proposed language for new Chapter 1128, Renewable Energy Systems. Resolution 986-13 is included if the Commission is satisfied with the language and ready to pass the amendment on to the City Council. Sincerely, Heidi Heller Planning Associate Attachments: 1. Resolution 986-13 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 986-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO THE CITY CODE TITLE 1100 FOR RENEWABLE ENERGY SYSTEMS; SPECIAL PLANNING CASE 188-13 WHEREAS, the City of Mounds View promotes safe, effective and efficient use of alternative energy sources and systems as the technology becomes available; and, WHEREAS, City Staff has recommended that a new renewable energy ordinance be added to the City Code and the old language removed; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to encourage renewable energy systems that have a positive impact in energy conservation, with limited adverse impact on the community; and, WHEREAS, City staff has amended Chapter 1103.04 and 1103.05 of the Mounds View Zoning Code by deleting the stricken language text as follows: 1103.04: SOLAR ENERGY SYSTEMS AND STRUCTURES: Subd. 1. Qualification: To qualify as a solar energy system, the system must be permanently located for not less than ninety (90) days in any calendar year beginning with the first calendar year after completion of construction. Passive solar energy systems are included but not to the extent that they fulfill only recreational uses. Subd. 2. Conditional Use: Solar energy systems and solar structures shall be permitted by conditional use in all districts; provided, that the system and/or structure is in compliance with minimum lot requirements and setbacks and meets the requirements of subdivision 1125.01(3) of this Title, but in no event shall a conditional use permit be granted for a solar energy system or structure which, when installed, would prevent abutting properties from being developed in conformance with all applicable codes or regulations. Resolution 986-13 Page 2 Subd. 3. Casting of Shadows: No owner, occupier or person in control of property shall allow vegetation or structures to be placed so as to cast a shadow on a solar energy system which is greater than the shadow cast by a hypothetical wall ten feet (10') high located along the boundary of said property between the hours of nine thirty o'clock (9:30) A.M. and two thirty o'clock (2:30) P.M. Central Standard Time on December 21; provided, however, this standard shall not apply to vegetation or structures which cast a shadow upon the solar energy system at the time of installation of said solar energy system or to vegetation existing at the time of installation of said solar energy system. Subd. 4. Violation Declared Nuisance: Violation of this standard shall constitute a private nuisance, and any owner or occupant whose solar energy system is shaded because of such violation so that performance of the system is impaired may have in tort for the damages sustained thereby and may have such nuisance abated. (1988 Code §40.04) 1103.05: WIND GENERATOR SYSTEMS: Subd. 1. Height: The height of a wind generator system shall not exceed thirty feet (30') above the height of the principal structure. Subd. 2. Anchorage: Anchorage of the system's tower shall not be located within ten feet (10') of the property line. Subd. 3. Protection from Climbing: The tower or support for the system shall be of climbproof design or protected by fencing. Subd. 4. Compliance with Other Laws: Location and height must be in accordance with all other governing jurisdictions and laws as they exist and are amended. Subd. 5. Noise: The system shall have a silent operation and be subject to the requirements of Chapter 604, Nuisances, of this Code. Subd. 6. Plans and Specifications: All systems will require plans, specifications and a site plan approved by a registered engineer or architect if deemed necessary by the City. (1988 Code §40.04) Resolution 986-13 Page 3 WHEREAS, City staff has added Chapter 1128 of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: CHAPTER 1128 RENEWABLE ENERGY SYSTEMS 1128.01: PURPOSE: The purpose of this chapter is to promote safe, effective and efficient use of alternative energy sources and systems as the technology becomes available. The intent is also to establish standards and procedures by which the installation and operation of these renewable energy systems shall be governed within the City. 1128.02: DEFINITIONS: When used in this Chapter, the following words and phrases shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: ACTIVE SOLAR ENERGY SYSTEM: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. BUILDING-INTEGRATED SOLAR SYSTEM: An active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, and awnings. CLOSED LOOP GROUND SOURCE HEAT PUMP SYSTEM: A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. FEEDER LINE: Any power line that carries electrical power from one or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS. Resolution 986-13 Page 4 GEOTHERMAL ENERGY: Renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes. GROUND MOUNTED PANELS: Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. GROUND MOUNTED WECS: Freestanding WECS mounted to the ground with footings or other apparatus. GROUND SOURCE HEAT PUMP SYSTEM (GSHPS): A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on-site. HEAT TRANSFER FLUID: A non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed twenty percent (20%) by weight or aqueous solutions of potassium acetate not to exceed twenty percent (20%) by weight. PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly into electricity. RENEWABLE ENERGY SYSTEM: A solar energy or wind energy system. Renewable energy systems do not include passive systems that serve a dual function, such as a greenhouse or window. ROOF OR BUILDING MOUNTED SES: Solar energy system (panels) that are mounted to the roof or building using brackets, stands or other apparatus. ROOF PITCH: The final exterior slope of a building roof calculated by the rise over the run, typically, but not exclusively, expressed in twelfths such as 3/12, 9/12, 12/12. SOLAR ACCESS: A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard Time on any day of the year. SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Resolution 986-13 Page 5 SOLAR COLLECTOR SURFACE: Any part of a solar collector that absorbs solar energy for use in the collector’s energy transformation process. Collector surface does not include frames, supports and mounting hardware. SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. SOLAR ENERGY EASEMENT: An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land. SOLAR ENERGY SYSTEM (SES): An active solar energy system that collects or stores solar energy and transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means. SOLAR HOT WATER SYSTEM: A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial purposes. SOLAR MOUNTING DEVICES: Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground. WECS: A Wind Energy Conversion System which is an electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to, power lines, transformers, substations and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy must be used on-site with excess energy distributed into the electrical grid. WECS, Large: A Wind Energy Conversion System with a capacity of up to 100 kW. WECS, Small: A Wind Energy Conversion System with a capacity over 100 kW. WIND ENERGY SYSTEM: Kinetic energy present in wind motion that can be converted into electrical energy. Resolution 986-13 Page 6 1128.03: SOLAR ENERGY SOURCES AND SYSTEMS Subd. 1. Districts: Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts. Subd. 2. General Standards: a. Height: 1. Roof or building mounted SES in residential districts shall extend no more than three (3) feet above the highest surface of the roof, and shall be setback at least one (1) foot from the exterior perimeter. 2. Roof or building mounted SES in commercial or industrial districts shall not exceed the maximum allowed height in that zoning district. For purposes for height measurement, solar systems other than building- integrated solar systems shall be considered to be mechanical equipment and are restricted consistent with other building-mounted mechanical devices. 3. Ground mounted SES shall not exceed the height of an allowed accessory structure within the zoning district when oriented at maximum tilt. b. Placement: 1. Ground mounted SES shall be treated as accessory buildings for the purpose of maximum height, maximum lot area coverage, location and setback requirements. 2. Ground mounted SES shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping. c. Notification. Prior to the installation of a SES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer’s intent to install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this requirement. d. Feeder lines. Any lines accompanying a SES, other than those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying an SES can be attached. Resolution 986-13 Page 7 e. Commercial. All SES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator’s regular electrical service provider in accordance with any agreement provided by the same or applicable legislation. f. Restrictions on SES Limited. No homeowners’ agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of Mounds View shall restrict or limit solar systems to a great extent that Mounds View’s renewable energy ordinance. g. Mounds View encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with Minnesota Statutes. Any solar easements filed, must be consistent with Minnesota Statutes, Chapter 500, Section 30. Subd. 3. Abandonment: A SES that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the City, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. 1128.04: GEOTHERMAL ENERGY SOURCES AND SYSTEMS Subd. 1. Districts: Ground source heat pump systems (GSHPS) shall be allowed as an accessory use in all zoning districts. Subd. 2. General Standards: a. All components of GSHPS including pumps, borings and loops shall be setback at least five (5) feet from all lot lines. b. Easements. All components of GSHPS shall not encroach on easements. c. GSHPS are prohibited in surface waters and wetlands. d. Only closed loop GSHPS utilizing Minnesota Department of Health approved heat transfer fluids are permitted. Resolution 986-13 Page 8 Subd. 3. Abandonment: A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the City, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. 1128.05: WIND ENERGY CONVERSION SYSTEMS Subd. 1. Districts: Wind Energy Conversion Systems (WECS) shall be allowed with approval of a conditional use permit in the following zoning districts and land use designations: a. Industrial, I-1, or Office or Industrial PUD. b. In all properties guided as Institutional in the City’s Land Use Designations of the Comprehensive Plan. Subd. 2. Ground Mounted WECS: a. Number: 1. Large WECS. One (1) large WECS shall be permitted on a lot of at least two (2) acres in size. 2. Small WECS. One (1) small WECS shall be allowed on a single lot of one (1) to five (5) acres. All other larger parcels will be limited to one (1) small WECS per five (5) acres of land area. b. Height: 1. Large WECS shall have a total height, including tower and blade to its highest point of travel, of no more than one-hundred twenty five (125) feet. 2. Small WECS shall have a total height, including tower and blade to its highest point of travel, of no more than sixty (60) feet. Resolution 986-13 Page 9 c. Setbacks: 1. Have a minimum setback distance from the base of the monopole of one (1) times the height from any property line, transmission line, electric substation, or other WECS. This setback requirement from a property line may be reduced if written permission is granted from the affected property owner. 2. Have a minimum setback distance from the base of the monopole of 500 feet from any residential zoned property. d. Shall not be located between a principal structure and a public street, unless the City determines that such a location would lessen the negative impacts of such a WECS on nearby properties. Subd. 3. Roof Mounted WECS: a. Number: 1. Large Roof Mounted WECS. The maximum number of large roof mounted WECS shall be approved through the conditional use permit process in accordance with Chapter 1125.01 Subd. 3. 2. Small Roof Mounted WECS. No more than three (3) roof mounted small WECS shall be installed on any rooftop. b. Height: 1. Large Roof Mounted WECS: Total height of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at its highest point of travel. 2. Small Roof Mounted WECS: Total height of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at its highest point of travel. c. Placement: Roof mounted WECS must be erected above the roof of a building or structure. The mounts associated with the WECS may extend onto the side of the building or structure. Resolution 986-13 Page 10 Subd. 4. General Standards. The following provisions will apply to all WECS erected under the provisions of this ordinance: a. Rotor Clearance. Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any structure or tree within a two hundred (200) foot radius, and maintain at least twenty (20) feet of clearance between their lowest point and the ground. b. Rotor Safety. Each WECS shall be equipped with both a manual and automatic over speed controls to limit the blade rotation within design specifications. c. Color and Finish. All wind turbines and towers shall be white, gray, or other non-obtrusive color. Finishes shall be matte or non-reflective. d. Tower Access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions: 1. Tower climbing apparatus shall not be located within twelve (12) feet of the ground. 2. A locked anti-climb device shall be installed on the tower. 3. Towers capable of being climbed shall be enclosed by a locked, protective fence at least six (6) feet high. e. Signs. The place of any signs, postings or advertisements shall be prohibited. WECS shall have a sign posted at the base of the tower and said shall contain the following information: Warning high voltage, Manufacturer’s name, Emergency phone number, Emergency shutdown procedures. f. Lighting. WECS shall not have no installed or accessory lighting, unless required by federal or state regulations. g. Electromagnetic Interference. WECS shall be designed and constructed so as not to cause radio and television interference. h. Noise Emission. Have a maximum noise production rating of fifty-five (55) dB fifty (50) dBA and shall conform to this standard under normal operating conditions as measured at any property line. Resolution 986-13 Page 11 i. Utility Company Interconnection. Prior to the installation or erection of a WECS, the operator must provide evidence showing their regular electrical service provider has been informed of the customer’s intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement. All connections shall be underground. j. Compliance with State Building Code. A standard drawing of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering date and calculations to demonstrate compliance with the structural design provisions of the State Building Code. Drawings and engineering calculations shall be certified by a registered engineer. k. Compliance with National Electrical Code. WECS electrical equipment and connection shall be designed and installed in adherence to the National Electrical Code. l. Inspection. The City hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational conditions and poses a potential safety hazard, the owner shall take expeditious action to correct the situation. Subd. 5. Submittal Requirements. a. Site Plan Drawing. All applications for a WECS Conditional Use Permit shall be accompanied by a detailed certified survey/site plan drawn to scale and dimensioned, displaying the following information: 1. Lot lines and dimensions. 2. Location and height of all buildings, structures, aboveground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors. 3. Location and height of all adjacent buildings, structures and aboveground utilities and trees located within three hundred fifty (350) feet of the exterior boundaries of the property in question. 4. An elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots. Resolution 986-13 Page 12 5. Existing and proposed setbacks of all structures located on the property in question. b. Additional Submittal Requirements. In addition to the information required elsewhere in this ordinance, development applications for WECS shall include the following supplemental information: 1. A significant tree plan in conformance with Chapter 1127.04, Subd. 1, showing the loss of significant trees within the construction area for the WECS; 2. A letter or copy of the review response from the Federal Aviation Administration concerning the development application and their requirements for warning devices, height restrictions, etc; 3. The technical specifications for the WECS including, but not limited to, the type, height, blade length, operating parameters, the anticipated sound level and the property line, and lighting protection; and 4. Clearance distance between the farthest extensions of the WECS blades to the property lines. Subd. 6. Criteria for Approval. a. Declaration of Conditions. The Planning Commission may recommend and the City Council may impose such conditions on the granting of a WECS conditional use permit as may be necessary to carry out the purpose and provisions of this Subdivision. The Council must consider the following criteria in determining whether to grant or deny a conditional use permit for a Wind Energy Conversion System (WECS): 1. The proposed WECS compliance with the standards described in this subdivision; 2. The potential for the WECS to cause a condition that may pose an unreasonable threat or cause unreasonable damage to any other property or person; and 3. The proposed WECS impact on the environment and on the visual image of the surrounding area. Resolution 986-13 Page 13 Subd. 7. Abandonment: A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the City, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. WHEREAS, amending the City Code to add new language for renewable energy systems would better serve the public and would clarify the zoning requirements; and, WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of amendments to Chapters 1103 and 1128 of the Mounds View City Code to remove and add regulations as defined herein. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 24th day of July, 2013. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 7B Meeting Date: July 24, 2013 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: County Road 10 Corridor Discussion The corridor is the City Council’s priority this year and the Planning Commission has been asked to review the Zoning Code in order to better promote and accommodate development along County Road 10. The Commission has started by focusing on creating a PUD Corridor Overlay District and reducing the acreage size requirements for the projects on the corridor. Staff has put together language for a PUD overlay district for the Commission to review and discuss. The Planning Commission has talked about changing the style and height allowances of the signage that is along the Corridor to only allow monument style signs, and to reduce the 15 foot setback amount. The Commission may opt to amend the sign code rather than having different requirements for the corridor. The majority of the commercial signage is along the corridor so it may make more sense to have the sign code be consistent for the whole City. Chapter 1008, Signs and Billboards is attached for the Commission to discuss possible amendments. Chapter 1008.09 Subd. 2 and Subd. 3, and 1008.10 Subd. 1 are the sections of the code for height and setback. Recommendation Continue the discussion about County Road 10 Corridor District amendments that would promote and support development on the corridor. Sincerely, Heidi Heller, Planning Associate Attachments: 1. Proposed PUD language for County Road 10 Corridor Overlay District 2. Chapter 1008, Signs and Billboards PROPOSED LANGUAGE FOR COUNTY ROAD 10 OVERLAY DISTRICT 1120.03 Subd. 4. County Road 10 Corridor Overlay District a. Purpose: The PUD District is an overlay zoning technique, whereby the basic underlying zoning district establishes the basic allowable uses and the general standards for development and the approved PUD plan establishes the specific regulations for development and shall govern and take precedence over the underlying Zoning District regulations. If a zoning change is required to accommodate the uses or general intensity of development in the PUD, an application for a Rezoning shall be made concurrently with the PUD application and, if approved, the Zoning Map shall be changed both as to the underlying zoning district and designation as a PUD district. b. Special Requirements for the County Road 10 Corridor District: The County Road 10 Corridor District is the primary gateway through the City. The aesthetic impacts from new developments and redevelopments must be evaluated to help ensure the long-term viability and success of the District. Accomplishing the purpose of the County Road 10 Corridor District requires particular concern for the site layout, building materials, site features (such as landscaping, lighting and signage) and other related design elements. To that end, new development and redevelopment shall conform to the standards in this and related zoning requirements. In reviewing and approving land use applications, the City Council shall make the final determination in the compatibility and consistency with all provisions in this and related sections of the Zoning Ordinance. (1) Procedure. To further accomplish the stated purpose of the County Road 10 Corridor District, the following procedures shall be used: (a) Proposals for new construction, redevelopment of a site and significant modifications to existing sites shall use the Planned Unit Development (PUD) process. The PUD proposal shall identify any requested modifications from the applicable zoning requirements and from the County Road 10 Corridor Overlay District guidelines as well as the reasons why the modifications would be in the public interest and would be consistent with the purpose of the County Road 10 Corridor District. Modifications to these requirements may be granted by the City without a variance through the PUD process. Conditional Use Permits may also be required for the uses listed in each zoning district. (b) Conditional Use Permits, Site Plans, and other development agreements that were approved for development before ______________, 2013, shall remain in effect but shall use the PUD process for future site amendments. (c) The following items shall not be considered significant modifications to an existing site and shall be exempt from the PUD process but shall be subject to administrative review and approval: 1. Internal alterations to buildings that do not result in a change to the building height, roof line, or footprint unless the changes will have a notable increase in traffic and/or parking needs as determined by the City Administrator or their designee; 2. Replacement, maintenance, or repair of existing materials, including exterior finishes, signage, landscaping, and parking lots. 3. Minor modifications to the exterior of a building or site as determined by the City Administrator or their designee. c. District Area: The following area is hereby established as being within the County Road 10 Corridor Overlay District: (1) All parcels that have frontage on County Road 10, (2) All parcels that are within 200 feet of the County Road 10 right-of-way, (3) The City may determine that a specific development area will not benefit from the PUD process and can exclude that project area from the PUD requirement. d. Minimum Project Size: The tract of land for which a planned unit development, County Road 10 Corridor District is proposed and permit requested shall contain not less than two (2) acres of land. e. The City encourages buildings and/or parking lots to have very minimal setbacks from the corridor. Reduced parking requirements will be considered. f. The City encourages shared parking and stormwater management systems when possible. 1008.005 1008.01 (Rev. 1/09) CHAPTER 1008 SIGNS AND BILLBOARDS SECTION: 1008.005: General Intent 1008.01: Purpose 1008.011: Scope of Regulations 1008.012: Severability 1008.013: Substitution Provision 1008.02: Definitions 1008.03: Building Permit Required; Exceptions 1008.04: Application for Permit 1008.05: Permit Fees; Waiver 1008.06: Issuance of Permit; Review Process and Conditions 1008.07: Sign Installer's License Provisions 1008.08: Maintenance of Premises 1008.081: Sign Maintenance, Repair, Permits and Inspections 1008.09: General Location, Design and Construction Standards 1008.10: Specific Sign Type Standards and Requirements 1008.11: Miscellaneous Signage Requirements and Provisions 1008.12: Prohibited Signs 1008.13: Nonconforming Signs 1008.14: Abrogation and Greater Restriction 1008.15: Violation of Provisions 1008.16: Sign Variances (Ord. 644, 12-13-99; Ord. 679, 5-29-01; Ord. 816, 1-22-09) 1008.005: GENERAL INTENT: In order to preserve Mounds View as a desirable City to live and to do business in, having a pleasing and visually attractive urban environment is important. The regulation of signs is an important means to help achieve the desired results of the City. As such, the City has prepared these sign regulations to enhance the urban environment and to promote the well-being of the City. (Added, Ord. 816, 1-22-09) 1008.01: PURPOSE: This Chapter is intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective communications including business identification. The City of Mounds View finds it is necessary for the promotion and preservation of the public health, safety, welfare, image and aesthetics of the community that the construction, location, size and maintenance of signs be controlled. Further, the City finds that: (Ord. 679, 5-29-01; Ord. 816, 1-22- 09) 1008.01 1008.01 (Rev. 1/09) a. Permanent and temporary signs have a direct impact on and relationship to the image and aesthetics of the City; (Ord. 679, 5-29-01; Ord. 816, 1-22-09) b. The manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the City; (Ord. 679, 5-29-01; Ord. 816, 1-22-09) c. an opportunity for viable identification of residences, businesses and institutions in the City must be established; (Ord. 679, 5-29-01; Ord. 816, 1-22-09) d. the safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that create hazards for drivers and unduly divert the attention of drivers; (Ord. 679, 5-29-01; Ord. 816, 1-22-09) e. installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective fire-fighting and other emergency service; (Ord. 679, 5-29-01) f. uncontrolled and unlimited signs and sign types, particularly moving signs and signs with dynamic displays, adversely impact the image and aesthetic attractiveness of the City and thereby undermine economic value and growth; (Ord. 679, 5-29-01; Ord. 816, 1- 22-09) g. uncontrolled and unlimited signs, particularly temporary signs which are commonly located within or adjacent to public right-of-way or are located at driveway/street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information; (Ord. 679, 5-29-01) h. signs are generally incompatible with residential uses and should be strictly limited in residential zoning districts; and (Ord. 679, 5-29-01; Ord. 769, 5-8-06) i. the right to express opinions in any zoning district must be protected, subject to reasonable restrictions on size, height, location and number. (Ord. 679, 5-29-01; Ord. 5-8-06) j. the City does not intend to nor does it propose to regulate the message on any sign. (Added, Ord. 816, 1-22-09) k. the City intends to protect the public from the dangers of unsafe signs. (Added, Ord. 816, 1-22-09) 1008.011 1008.02 (Rev. 1/09) 1008.011: SCOPE OF REGULATIONS: The sign regulations established in this Chapter shall apply to all structures and all land uses. This Chapter describes the sign standards for all the zoning districts of the City. The City establishes specific additional regulations for signs that are unique in purpose and not easily addressed by district regulations. No person, property owner or lessee shall place, erect, alter, modify, enhance or change a sign in any way that does not meet the requirements of this Chapter and other applicable regulations. (Added, Ord. 816, 1-22-09) 1008.012: SEVERABILITY: If any section, subsection, sentence, clause, phrase or other part of this Chapter is held to be invalid, such invalidity shall not affect the validity or enforceability of the rest of this Chapter. The City Council hereby declares that it would have adopted the Chapter in each section, subsection, sentence or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases are declared invalid. (Added, Ord. 816, 1-22- 09) 1008.013: SUBSTITUTION PROVISION: The owner or operator of any sign that this Chapter would otherwise allow may substitute a non-commercial sign in lieu of any other commercial or non-commercial sign. The owner may make this substitution without any additional City approval or permit. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or the favoring of any particular non-commercial message over any other non-commercial message. This provision shall prevail over any more specific provision to the contrary. (Added, Ord. 816, 1-22-09) 1008.02: DEFINITIONS: The following terms have the meanings ascribed to them in this Section: (Ord. 679, 5-29-01) ABANDONED SIGN: A sign that becomes vacant, unoccupied or unused; or a sign promoting a business or activity no longer in operation or incorrectly or inaccurately conveying a message, or a sign promoting an obsolete message or sign copy, for a period in excess of one (1) month. (Ord. 679, 5-29-01) ANIMATED SIGN: A sign that has any moving or rotating part; or uses movement or change of lighting to depict action or create a special effect or scene, but is not a dynamic display sign. Refer also to electronic scrolling message or marquee signs. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) AREA IDENTIFICATION SIGN: A freestanding sign which identifies the name of a community, neighborhood, a residential subdivision, a multi-family residential complex consisting of three (3) or more structures, a planned unit development, or any combination of the above located on contiguous properties. (Ord. 679, 5-29-01) AWNING SIGN: A sign displayed on or attached flat against the surface or surfaces of an awning attached to or extending from a building. (Ord. 679, 5-29-01) BANNER: Any sign of lightweight, flexible material affixed to a building, poles, vehicle or other supporting structures upon which a message, slogan, design or logo is displayed. National, state, or municipal flags shall not be considered a banner. (Ord. 679, 5-29-01) 1008.02 1008.02 (Rev. 1/09) BEACON: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source; also, any light with one (1) or more beams that rotate or move. Otherwise known as searchlights. For the purposes of this Section, beacons or searchlights shall be considered temporary signs. (Ord. 679, 5-29-01) BENCH SIGNS: A sign which is affixed to a bench or shelter at a bus stop. (Ord. 679, 5-29-01) BILLBOARD: A large, outdoor advertising structure typically mounted on one (1) or more poles, located off the site or premises where the advertised product is sold , available or offered. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) 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. (Ord. 679, 5-29-01) CAMPAIGN SIGN: A temporary sign promoting the candidacy of a person running for a government office, or promoting an issue to be voted on at the next election. (Ord. 679, 5-29-01) CANOPY SIGN: A sign affixed to the visible surface of an attached or freestanding canopy structure, often backlit to provide internal illumination. For the purposes of sign area computation, canopy signs shall be treated as a wall sign. (Ord. 679, 5-29-01) CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged electronically or manually without altering the face or the surface of the sign but is not a dynamic display. A sign on which the message changes more than eight (8) times a day shall be considered an animated sign for the purposes of this Section. That portion of a sign on which the only copy that changes is an indication of the time and temperature shall be considered a public informational sign. Portable or non-permanent changeable copy signs shall, for the purposes of this Section, be considered temporary signs. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) COMMERCIAL SIGN: A sign advertising a business, profession, commodity, service or entertainment. (Added, Ord. 816, 1-22-09) CONSTRUCTION SIGN: A sign placed at a construction site identifying the project and/or names of the architect, engineers, developers, contractors or other individuals or firms associated with the project. (Ord. 679, 5-29-01) DIRECTIONAL SIGN: 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 the property where the sign is located. Such signs may be located within street right-of-ways subject to approval of the City and appropriate governmental agency. (Ord. 679, 5-29-01) 1008.02 1008.02 (Rev. 1/09) DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. Such technologies or methods may include, but are not limited to, cathode-ray tube (CRT), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD) or other technologies used in commercially available televisions or in computer or video monitors. This also includes any rotating, revolving, moving, flashing, blinking, or animated display or structural element and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays. Signs with this technology that a government or public agency installs for directing or regulating pedestrian or motor vehicle movement are exempt from this definition. (Added, Ord. 801, 1-7-08; Amended, Ord. 816, 1-22-09) FLAG OR PENNANT STRINGERS: A series of flags, pennants or streamers connected by a string or a rope. Such stringers shall be considered temporary signs for the purpose of this Section. (Ord. 679, 5-29-01) FLASHING SIGN: A sign or portion thereof whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non- illumination. For the purposes of this Section, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four (4) seconds. (Ord. 679, 5-29-01) FREESTANDING SIGN: A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one (1) or more columns, poles or braces placed in or upon the ground. Also referred to as a Ground Sign. (Ord. 679, 5-29-01) GOVERNMENT OR REGULATORY SIGN: A sign which is erected by a governmental unit for identification, traffic control or other regulatory purposes. Such signs are often located within street right-of-ways. (Ord. 679, 5-29-01) GRAND OPENING: The commencement of operation of a new business. For purposes of this Section and Chapter, the City considers a grand opening to occur if there is a business name change or if there is a change in the type of business or activity. (Added, Ord. 816, 1-22-09) GRAPHIC SIGN: A sculpture attached to or sign painted directly on a wall that is primarily symbolic or representational in nature and not alpha or numeric in content or copy. (Added, Ord. 816, 1-22-09) GROUND SIGN: A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one (1) or more columns, poles or braces placed in or upon the ground. Also referred to as a Freestanding Sign. (Ord. 679, 5-29-01) 1008.02 1008.02 (Rev. 1/09) HOME OCCUPATION SIGN: A sign erected upon a residential property to advertise a home based business or occupation taking place at that location. (Ord. 679, 5-29-01) IDENTIFICATION SIGN: 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 to which such sign is affixed. Signs identifying commercial uses may call attention 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. (Ord. 679, 5-29-01) ILLEGAL SIGN: A sign erected without a permit or in violation of this Section. Such signs shall be subject to removal upon written notice by the City. (Ord. 679, 5-29-01) ILLUMINATED SIGN: Any sign that has characters, letters, figures, designs or outlines that an artificial light source illuminates. (Added, Ord. 816, 1-22-09) INCIDENTAL SIGN: A sign, generally informational, that has a purpose secondary to the uses on the property on which it is located. Such signs might include, but are not limited to, “No Parking,” "Entrance," "Exit," "ATM," or "Payphone." No sign with a message legible off the premises shall be considered incidental. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) INFLATABLE SIGN: A portable device inflated with air or helium used to draw attention to an activity or business upon which the device is attached. Such object may or may not display advertising copy. For the purposes of this Section, inflatable devices shall be considered a temporary sign. (Ord. 679, 5-29-01) MONUMENT SIGN: A freestanding sign attached to the ground by means of a freestanding support structure, solid from grade to the top of the sign structure, typically encased or supported by masonry materials. (Ord. 679, 5-29-01) NON-COMMERCIAL SIGN: A sign disseminating messages not classified as commercial that include, but are not limited to, messages about political, religious, social, ideological, public service and information topics. (Added, Ord. 816, 1-22-09) NUISANCE SIGN: A sign in a state of disrepair, deterioration or damage whereupon one fourth (1/4) or more of the sign surface is no longer clearly legible or recognizable at a distance of forty feet (40'). Also, any sign in violation of the provisions of this Chapter shall be considered a nuisance sign except for legal nonconforming signs. (Ord. 679, 5-29-01) ON-PREMISE SIGN: A sign related to the property or activity and use occurring on the property on which the sign is located. On-premise signs include multi-tenant identification signs that may advertise tenants on a different property provided such tenants are in the same PUD and the properties share parking and access. (Added, Ord. 816, 1-22-09) 1008.02 1008.02 (Rev. 1/09) POLE SIGN: A freestanding sign supported by or erected upon one (1) or more narrow columns, shafts or poles. Also referred to as a Pylon sign. (Ord. 679, 5-29-01) PORTABLE SIGN: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs on wheels, signs converted to "A" or "T" frames, menu and sandwich boards, inflatable devises, advertising umbrellas, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. (Ord. 679, 5-29-01) PROJECTING SIGN: A sign other than a wall sign which is perpendicular to and projects more than eighteen inches (18") from a building face or wall or from a structure whose primary purpose is other than the support of the sign. (Ord. 679, 5-29-01) PUBLIC SIGN: A traffic control sign in Minnesota State Statutes; any identification sign installed in a public park by a public agency or authority; and any other identification, regulatory or warning sign approved by the City for installation on public land. (Added, Ord. 816, 1-22-09) PYLON SIGN: A freestanding sign supported by or erected upon one (1) or more narrow columns, shafts or poles. Also referred to as a Pole sign. (Ord. 679, 5-29-01) REAL ESTATE SIGN: A sign advertising the sale, lease or rental of the property or premises upon which the sign is located. (Ord. 679, 5-29-01) REFACING: The process of replacing the sign copy, message, logo or graphic on a sign without altering or moving the structure to which the sign face is attached. (Added, Ord. 816, 1-22-09) ROOF SIGN: A sign erected, constructed, mounted or attached wholly or in part upon any roof or over the highest roofline of a building. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) ROTATING SIGN: A sign or a portion of a sign where the sign or the sign structure moves in a rotating, oscillating or similar manner other than changing signs. (Added, Ord. 816, 1-22-09) SECURITY SIGN: A small, incidental sign identifying the presence of a security system. (Ord. 679, 5-29-01) SIGHT TRIANGLE: A triangle formed at a property corner abutting two (2) street right-of-ways where two (2) triangle legs are thirty feet (30') long with the third leg traversing the property to connect the other two (2) legs. (Refer to the graphic in Section 1008.09, Subdivision 1b) (Ord. 679, 5-29-01) SIGN: Any written message, pictorial presentation, number, illustration, decoration, banner or other device that is used to announce, direct attention to, identify or advertise a product, service or activity or otherwise make anything known. For purpose of maintenance or removal, the term “sign” also shall include frames and support structures. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) 1008.02 1008.03 (Rev. 1/09) 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 all letters, figures or symbols displayed thereon. (Ord. 679, 5-29-01) SIGN COPY: The letters, numbers, figures, symbols, logos, and graphical elements comprising the content or message of the sign. (Ord. 679, 5-29-01) SIGN HEIGHT: The distance measured perpendicular from the highest point of the sign structure to the average elevation of the ground or grade adjacent to the base of the sign. (Added, Ord. 816, 1-22-09) TEMPORARY SIGN: Any sign displaying a message erected or maintained for a limited period of time and not of a permanent nature and that is not permanently affixed to the land or to a structure. Such signs shall include banners, inflatable signs or devices, sandwich boards, portable changeable copy signs or any other device intended to attract attention. (Ord. 679, 5-29-01; Ord. 769, 5-8-06; Ord. 816, 1-22-09) TRANSIT ENCLOSURE SIGN: Commercial advertising located within a transit enclosure or shelter. Such signage shall not include route schedules, service announcements or other similar notices. (Ord. 679, 5-29-01) WALL SIGN: A sign attached to or erected against the exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall, not to project more than twelve inches (12") from the surface to which it is attached. (Ord. 679, 5-29-01) WINDOW SIGN: A sign affixed to the interior or exterior of a window or inside the building within three feet (3') of the window with its message intended to be visible to and readable by the public from the outside of the building. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) 1008.03: PERMITS REQUIRED; EXCEPTIONS: (Ord. 679, 5-29-01; Ord. 816, 1-22-09) Subd. 1. Permit Required: It is unlawful to install, construct, erect, alter, revise, reconstruct or relocate any outdoor sign or structure, as defined in Section 1008.02 of this Chapter, in the City without first obtaining a permit therefor as required by this Chapter, except as provided in subdivision 2 of this Section (below). (1988 Code §39.02) (Ord. 679, 5-29-01; Ord. 816, 1-22-09) Subd. 2. Exceptions: Permits need not be obtained for any sign less than or equal to eight (8) square feet in area (excluding temporary signs), or for the specific signs addressed below, provided all other requirements of this Section and Chapter are satisfied: (Ord. 679, 5-29-01; Ord. 816, 1-22-09) a. A sign pertaining only to the sale, rental or lease of the premises upon which displayed. (Ord. 679, 5-29-01) 1008.03 1008.04 (Rev. 10/10) b. A sign on residential property stating only the name or identity of the occupant. (Ord. 679, 5-29-01) c. Construction sign or sign belonging to a contractor performing work upon a property. Such sign shall be removed immediately upon completion of the work. (Ord. 679, 5-29-01) d. A campaign sign as provided for in Section 1008.10, Subdivision 7 of this Chapter. (1988 Code §39.03; 1993 Code; Ord. 607, 5-11-98) (Ord. 679, 5-29-01) e. Home occupation signs and incidental residential signs. (Ord. 679, 5-29-01) f. National, state, regional, local, institutional or cultural flags. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) g. Advertising on a transit bench or within a transit shelter or enclosure. (Ord. 679, 5-29-01) h. Official notices authorized by a court, public body or public safety official. (Ord. 679, 5-29-01) i. Government signs. All governmental signs, including but not limited to traffic control and other regulatory purpose signs, street signs, identification signs, informational signs, danger signs and signs for official City events. (Added, Ord. 847, 10-21-10) j. Flag or pennant stringers. (Added, Ord. 847, 10-21-10) k. Sandwich boards not exceeding eight (8) square feet and ground signs not exceeding four (4) square feet that are located within fifteen (15) feet of business advertised on sign. (Added, Ord. 847, 10-21-10) l. Noncommercial sign. For all types of property, the City allows one (1) sign that expresses an opinion or a viewpoint of a non-commercial nature. The noncommercial sign shall not be illuminated or exceed nine (9) square feet. For multiple unit residential properties, the sign must be attached to the dwelling unit or placed in a location that clearly indicates ownership and does not represent the opinions of other residents in the area who have not agreed to the sign. (Added, Ord. 847, 10-21-10) 1008.04: APPLICATION FOR PERMIT: Application for sign permits shall be made upon forms provided by the City and shall include the following information, unless waived by the City Administrator or their designee. The City will consider a sign application incomplete and will not process the sign application if the applicant has not supplied all the required information: (Ord. 679, 5-29-01; Ord. 816, 1/22-09; Amended, Ord. 844, 5-20-10) Subd. 1. The name, address and telephone number of the applicant. 1008.04 1008.05 (Rev. 10/10) Subd. 2. The location, address and parcel identification number (PIN) of the building, structure or lot to which or upon which the sign is to be placed. (Amended, Ord. 816, 1-22-09) Subd. 3. Complete and detailed plans showing the position of the sign or other advertising structure in relation to nearby buildings, structures and streets or highways, and to the nearest property lines. (Amended, Ord. 816, 1-22-09) Subd. 4. Two (2) complete and detailed blueprints or ink drawings of the plans, including elevations, distances, size and details, and specifications and method of construction and attachment to the building or to the ground. Such plans shall fully and clearly represent the proposed sign and the construction. (Amended, Ord. 816, 1-22-09) 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. Subd. 6. The name of the person or company 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. (Amended, Ord. 816, 1-22-09) 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) Subd. 13. A statement as to whether the sign would have any dynamic display and if so, the specifics in area and style of the dynamic display. (Added, Ord. 816, 1-22-09) 1008.05: PERMIT FEES; WAIVER: (Ord. 679, 5-29-01) 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. The City shall charge a double fee if a sign is erected without first obtaining a permit for such sign. (1988 Code §39.10) (Amended, Ord. 847, 10-21-10) 1008.05 1008.07 (Rev. 5/10) Subd. 2. Waiver: Temporary sign permit fees shall be waived for civic or religious organizations. (1988 Code §39.11) (Ord. 679, 5-29-01; Ord. 769, 5-8-06) 1008.06: ISSUANCE OF PERMIT; REVIEW PROCESS AND CONDITIONS: (Ord. 679, 5-29-01; Amended, Ord. 816, 1-22-09) Subd. 1. Review Process: The City Administrator or his or her designee shall approve or deny the sign permit application in an expedited manner from the receipt of the completed application, including all plans, specifications and applicable fees. The City will notify all applicants in writing if the City denies the sign application. Such notification shall include the reasons the City denied the proposed sign. (Ord. 679, 5-29-01; Ord. 816, 1/22/09; Amended, Ord. 844, 5-20-10) Subd. 2. Variances: In the event an application is made for a sign which does not conform to the requirements of this Section, the City will deny the application or the applicant shall either modify the application or apply to the City for a variance according to the provisions established in Chapter 1125 of the Zoning Code. No permit for a non-conforming sign shall be issued without evidence of an approved variance. (1988 Code §39.14) (Ord. 679, 5-29- 01; Ord. 816, 1-22-09) 1008.07: SIGN INSTALLER'S LICENSE PROVISIONS: (Ord. 679, 5-29-01) 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 first licensed by the City to do so. (1988 Code §34.04) (Amended, Ord. 816, 1-22-09) Subd. 2. Application and Fee: A license may be granted by the Council upon written application to the City Administrator on such form as required by the City Administrator and accompanied by an annual license fee as established by resolution of the City Council. (1988 Code §34.05) (Amended, Ord. 844, 5-20-10) Subd. 3. Liability Insurance: Any person holding a license shall file with the City 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 cancelled 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 (1) person and subject to the same limit for each person in an amount not less than three hundred thousand dollars ($300,000.00) on account of any one (1) accident, and property insurance in the amount of not less than fifty thousand dollars ($50,000.00). (1988 Code §39.07) (Amended, Ord. 844, 5-20-10) Subd. 4. Expiration: Licenses shall be issued on an annual basis, with the license year running from January 1 through the following December 31. (1988 Code §39.08) (Ord. 679, 5-29- 01) 1008.07 1008.081 (Rev. 5/10) Subd. 5. Revocation: A license may be terminated and renewal thereof may be denied by the Council for violations of this Chapter or other applicable ordinances. (1988 Code §34.06) (Ord. 679, 5-8-06) 1008.08: 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 permit. (1988 Code §39.12) (Ord. 679, 5-29-01) 1008.081: SIGN MAINTENANCE, REPAIR, PERMITS AND INSPECTIONS: (Added, Ord. 816, 1-22-09) Subd. 1. All owners and property managers shall keep signs in good condition and repair and free from peeling paint, rust, damaged or rotted support, framework or other materials, broken or missing faces or missing letters. When any sign becomes insecure, in danger of falling, or is otherwise deemed unsafe or a nuisance by a City Inspector, or if any sign shall have been unlawfully installed, erected or maintained in violation of any of the provisions of this Section and Chapter, the owner or firm using such sign shall, upon written notice by the City Inspector, make such sign conform to the provisions of this Section and Chapter or shall remove the sign within ten (10) days. If the sign owner, user or responsible party has not corrected such violation within ten (10) days, the City Inspector may remove or cause such sign to be removed at the expense of the owner or user of the sign. (Added, Ord. 816, 1-22- 09) Subd. 2. Obsolete Sign Copy: The owner or user of any property or sign that has any sign copy that no longer advertises or identifies a use conducted on the property on which the sign is located must cover or remove the sign copy within thirty (30) days after written notification from the City Inspector. The City considers such a sign to be a nuisance sign. (Added, Ord. 816, 1-22-09) Subd. 3. The owner or user of any structure from which they have moved or removed a sign shall repair and/or paint the structure with colors and materials to match the existing background. (Added, Ord. 816, 1-22-09) Subd. 4. Sign Permit Not Required: Activities considered to be normal maintenance and repair shall not require a sign or building permit from the City. Such activities shall include replacing or repairing lamps, ballasts, transformers, trim, sign fasteners, nuts or washers; painting the pole or supports of freestanding signs; and painting the cabinet of the freestanding signs or building signs. (Added, Ord. 816, 1-22-09) Subd. 5. Sign Permit Required: For any sign that initially required a permit, the City requires a permit for all of the following additional activities (the City does not consider such activities as normal maintenance): (Added, Ord. 816, 1-22-09) 1008.081 1008.081 (Rev. 5/10) a. Refacing a sign, except for the text on a manual changeable message sign. (Added, Ord. 816, 1-22-09) b. Removing the sign for the repair of the cabinet or any part thereof. (Added, Ord. 816, 1- 22-09) c. Changes made to a sign’s size, illumination or electrical service, including, but not limited to, height, width, weight, area, adding or removing illumination. (Added, Ord. 816, 1-22-09) d. Changes to poles, structural supports, bases or shrouds, footings or anchor bolts, moving the sign to a new location, or replacement of the interior or exterior cabinet frame, except the sign face. (Added, Ord. 816, 1-22-09) Subd. 6. Building Permit: The City also will require a building permit for signs or sign repair that involves the construction of, or changes to, a sign, a sign structure, billboards and/or electrical connections. All signs using electricity shall be subject to the State’s current electrical code. The contractor shall bury or conceal all electrical wiring for such signs. (Added, Ord. 816, 1-22-09) Subd. 7. Inspection Authority: All signs are subject to inspection by the Building Official or his or her designee, who the City authorizes to enter any property or premise to determine if the provisions of this Chapter are being met. The inspector or City staff person shall make such an entrance or inspection during regular business hours, unless there is an emergency. (Added, Ord. 816, 1-22-09) Subd. 8. Signs in Disrepair: The Building Official or their designee may order the removal of any sign that the owner or the responsible party is not maintaining according to the provisions of this Chapter. Upon failure to meet the requirements of a correction notice in the specified time in such an order, the City Council may declare the sign to be a public nuisance, may have it removed and impounded and assess the cost of the removal to the sign owner or to the property owner. (Added, Ord. 816, 1-22-09) Subd. 9. Impoundment of Signs on Public Property or Within Public Right-of-way: The Cit y Administrator or their designee may, at any time and without notice, remove and impound signs that have been installed on public property, within a public right-of-way, or within a public easement that are in violation of this Chapter. The sign owner or their agent may retrieve an impounded sign subject to the following rules: (Added, Ord. 847, 10-21-10) a. Any impounded sign may be retrieved from the impound area within five (5) business days of the impoundment or the City Administrator or their designee may dispose of it. The impound area can be located by contacting City Hall. Any cost incurred by the City for disposal of an impounded sign may be assessed to the sign owner or the sign owner's agent. (Added, Ord. 847, 10-21-10) 1008.081 1008.09 (10/10) b. The City shall have no obligation to notify a property owner or sign owner or their agent that it has impounded a sign. (Added, Ord. 847, 10-21-10) c. The City shall not be held liable for any damage to an impounded sign. (Added, Ord. 847, 10-21-10) 1008.09: GENERAL LOCATION, DESIGN AND CONSTRUCTION STANDARDS: (Ord. 679, 5-29-01) Subd. 1. General Standards: Every sign shall conform to the standards of this Section and Chapter whether or not a permit 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 followed and met: (Ord. 679, 5-29-01; Ord. 816, 1-22-09) a. Each sign shall be securely built, constructed and erected on the building or ground. Temporary signs shall be so designed that they are not readily overturned. (Ord. 679, 5-29-01) b. 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. c. 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. (Ord. 679, 5-29-01) d. No swinging sign shall hereafter be erected or hung on or attached to any building within the City, 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 changed to conform with the requirements of this Chapter when so ordered by the Building Inspector. (Amended, Ord. 816, 1-22-09) e. Where portions of a sign are subject to a different classification, each portion shall meet the requirements of its classification. f. All illuminated signs shall have a shielded light source. The City does not permit signs that have light sources directly visible to pedestrians or to the operators of motor vehicles. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) 1008.09 1008.09 (Rev. 10/10) g. No sign shall display matter that has been deemed obscene by a court of competent jurisdiction. (Ord. 679, 5-29-01) h. No sign shall have moving sections or intermittent, blinking or flashing lights, except for government signs and signs with dynamic displays as allowed in subdivision 1008.10(9) of this Chapter. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) i. Each sign shall be used and maintained only in the manner permitted and subject to the conditions imposed at the time the permit therefor was granted. (Ord. 679, 5-29-01) j. 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. (Ord. 679, 5-29-01) k. Signs Along Freeways: Except as otherwise provided in this Chapter and subject to State and federal laws, signs located on property adjacent to any freeway within the municipality (including Interstate Highway 35W and US Highway 10) shall be business signs advertising businesses being conducted on the premises on which the signs are located. No changeable copy signs shall be located to face any freeway or be visible from the freeway. The provisions of this subdivision and Chapter, however, shall not be construed to render illegal or nonconforming any signs that are legally located along any such freeway at the effective date herein. (Ord. 644, 12-13-99; Ord. 679, 5-29-01; Ord. 816, 1-22-09) 1008.09 1008.09 (Rev. 10/10) Subd. 2. Signs Allowed by District: The following table represents the allowable signage and area requirements (in square feet) by zoning district: (Ord. 679, 5-29-01; Ord. 769, 5-8-06; Ord. 816, 1-22-09; Ord. 829, 9-3-09; Ord. 847, 10-21-10) Sign Type R-1 R-2 R-3 R-4 R-5 B-1 B-2 B-3 B-4 I-1 CRP PUD Ground No No 32 32 32 100 200 200 200 200 100 * Wall No No 64 64 No 100 100 100 100 100 * Projection No No No No No 8 24 24 24 No * Window No No No No No Yes Yes Yes Yes No No * Identification 2 2 2 2 2 4 4 8 8 8 4 * Temporary Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Real Estate 10 10 32 32 10 32 32 32 32 64 32 32 Home Occupation 1 1 No No 1 No No No No No No No Campaign Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Billboards No No No No No No No No No No No No Directional No** No** 4 4 4 4 4 8 8 8 8 8 Construction 8 8 8 8 8 32 32 32 32 32 32 32 Incidental 1 1 1 1 1 1 1 1 1 1 1 1 Noncommercial 6 6 6 9 9 9 9 9 9 9 9 9 * Signage requirements within a PUD shall be as allowed by the PUD Narrative document. If no such document exists, signage shall be as permitted for a B-3 zoning district. ** Directional signs may be allowed within right of ways upon written approval of the City, the appropriate governmental agency having jurisdiction over the road way (if not the City) and the owner of the property directly abutting said sign. Subd. 3. Ground Sign Height, by District: The following table represents the maximum height allowed for ground signs in each zoning district. (Amended, Ord. 829, 9-3-09) R-1 R-2 R-3 R-4 R-5 B-1 B-2 B-3 B-4 I-1 CRP PUD (1) (1) 8 8 8 20 20(3) 35(3) 35 35(3) 35(3) (2) (3) (1) No ground sign, other than home occupation, campaign, real estate, incidental and temporary signs shall be allowed in these districts. (2) Signage requirements within a PUD shall be as indicated by the PUD Narrative document. If no such document exists, signage shall be as allowed for a B-3 zoning District. (Ord. 679, 5-29-01) (3) Maximum billboard sign height in some locations is 45 feet. Refer to Section 1008.10, Subdivision 6 of this Code. (Ord. 769, 5-8-06). 1008.10 1008.10 (Rev. 10/10) 1008.10: SPECIFIC SIGN TYPE STANDARDS AND REQUIREMENTS: Subd. 1. Ground Signs: The following standards shall be maintained for all ground signs, excluding incidental, temporary, home occupation, campaign, identification and real estate signs: (Ord. 679, 5-29-01) a. No part of a ground sign shall be nearer than three feet (3') to any building unless such sign is placed parallel to the side of the building. (Ord. 679, 5-29-01) b. No part of a ground sign shall be nearer than 15 feet (15') to any perimeter lot line nor located within a thirty (30)-foot sight triangle on any property abutting two (2) intersecting street right of ways. (Refer to the graphic below.) (Ord. 679, 5-29-01) c. The owner, lessee or occupant of the land on which the ground sign 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. (Ord. 679, 5-29-01) d. 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. (Ord. 679, 5-29-01) e. 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. (Ord. 679, 5-29-01) County Road X Right of Way County Road Y Right of Way 30 ft 30 ft Sign is set back 15 feet from both front and side property lines Business Sign cannot be located within sight triangle. Sight Triangle* Property Lines * The sight triangle is formed by connecting the two end points of 30-foot lines extending in both directions from the intersection of two property lines abutting a street or highway. 1008.10 1008.10 (Rev. 10/10) f. Notwithstanding the provisions of subdivision 6 of this Section (1008.10, subdivision 6), no more than one (1) pole or pylon sign shall be allowed per lot. However, the ground sign area allowance may be divided between one (1) pole or pylon sign and a monument sign or between multiple monument signs, subject to the requirements herein, provided that one (1) or more of the following conditions are applicable: (Ord. 679, 5-29-01; Ord. 769, 5-8-06; Ord. 816, 1-22-09) (1) The lot abuts multiple street right-of-ways, in which case a sign may be located along each frontage. (Ord. 679, 5-29-01) (2) There are multiple curb cuts or driveways accessing the property, in which case a sign may be located near each access point or driveway, provided the signs are separated by no less than two hundred feet (200'). (Ord. 679, 5-29-01) (3) The width of the lot, as measured along its longest street frontage, exceeds two hundred and fifty feet (250'), in which case multiple signs may be located along the long frontage provided such signs are separated by no less than two hundred feet (200'). (Ord. 679, 5-29-01) (4) The property or properties are within an approved Planned Unit Development (PUD). (Ord. 679, 5-29-01) Subd. 2. Wall Signs: The following standards shall be maintained for all wall signs: (Ord. 679, 5-29-01) a. No wall sign shall have a projection over a private sidewalk or an established building line of more than twelve inches (12"). (Ord. 679, 5-29-01) b. The wall sign area allowances as indicated in Section 1008.08, Subdivision 2 for B-2, B- 3, B-4 and I-1 zoning districts are per building occupant. (Ord. 679, 5-29-01) c. The wall sign area allowances as indicated in Section 1008.08, Subdivision 2 for the R-3, R-4, PF and CRP zoning districts are per building. (Ord. 679, 5-29-01) d. In the B-1 zoning district, the area allowance, as indicated in Section 1008.08, subdivision 2, reflects the combined area for all wall, ground and projection signage on that lot. (Ord. 679, 5-29-01; Ord. 829, 9-3-09) Subd. 3. Projection Signs: The following standards shall be maintained for all projection signs: (Ord. 679, 5-29-01) a. All portions of projection signs shall be designed for a wind pressure of not less than thirty (30) pounds per square foot. (Ord. 679, 5-29-01) 1008.10 1008.10 (Rev. 10/10) b. Such signs shall not project over public street right-of-way but may project over private sidewalks. No such sign shall be less than twelve feet (12') above the level of the sidewalk; except 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 more than eight feet (8') over any private sidewalk. (Ord. 679, 5-29-01) 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 feet (8') from the face of the wall. (Ord. 679, 5-29-01) 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 the wind load added by the attached sign. (Ord. 679, 5-29-01) e. All such signs shall be of noncombustible materials or of not less than one (1) hour fire-resistive construction. (Ord. 679, 5-29-01) f. Such signs shall be securely fixed in place and shall not be able to swing or sway. (Ord. 679, 5-29-01) Subd. 4. Temporary Signs: All temporary signs shall comply with the provisions of this Section and with this Chapter. The following general and specific standards shall be observed for all types of temporary and portable signs: (Ord. 679, 5-29-01; Ord. 816, 1-22-09) a. General Provisions: (1) Except as provided herein, no temporary sign shall be located on any property in the City without first obtaining a permit from the City. If the City determines to approve a permit for any such temporary sign it may impose conditions upon the granting thereof, and it shall be unlawful to locate or maintain any such sign for a longer period or in a different manner than that specified in the permit. No permit for a temporary sign shall be issued if prohibited by other provisions of this Code. (Ord. 679, 5-29-01) (2) Temporary signs shall not be hung or installed to cover, either partially or completely, any door, window or opening required for ventilation. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) (3) No temporary sign for which a permit is required 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 calendar year. A fifth (5th) temporary sign permit is allowed for a banner only. Permit periods may run consecutively without interruption if so approved. Except as provided in Subdivision 4g of this Section, only one (1) temporary sign shall be allowed on a property at a time. (Ord. 679, 5-29-01; Amended, Ord. 847, 10-21-10) 1008.10 1008.10 (Rev. 10/10) (4) The City prohibits temporary signs with blinking, flashing or fluttering lights or with dynamic displays. (Added, Ord. 816, 1-22-09) b. Banners: (1) Banners shall be strongly constructed and shall be securely attached to their supports. They shall be repaired or removed (including all framework and supports) as soon as damaged or torn and immediately upon expiration of the permit. (Ord. 679, 5-29-01) (2) Banners shall not exceed one hundred twenty (120) square feet or twenty percent (20%) of the surface area of the building face or front upon which the banner is attached, whichever is less. (Ord. 679, 5-29-01; Amended, Ord. 847, 10-21-10) c. (Deleted, Ord. 847, 10-21-10) d. Changeable Copy Signs: (1) Portable and temporary changeable copy signs shall not exceed forty eight (48) square feet on each side and the entirety of the sign copy shall be maintained within the forty eight (48) square foot area. (Ord. 679, 5-29-01) (2) No part of such sign shall extend into or encroach onto public right-of-way. (Ord. 679, 5-29-01) (3) Such sign shall not obscure motorist or pedestrian vision and shall not block or otherwise interfere with a public or private sidewalk or trailway. (Ord. 679, 5-29-01) (4) Such sign may be lighted provided said lighting is not a nuisance to motorists or to adjoining properties. Flashing lights, strobe lights or lights which could be confused for that of an emergency vehicle shall be prohibited. (Ord. 679, 5-29-01) e. Inflatable Signs: (Amended, Ord. 816, 1-22-09) (1) Inflatable signs and devices shall be securely tethered and attached to the ground. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) (2) The City prohibits the installation or placement of inflatable signs and devices or balloons on building roofs. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) (3) Balloons less than two (2) feet in diameter are excluded from the permit provisions of this Section. (Ord. 679, 5-29-01) (4) No Mylar or metallic balloons shall be permitted to be displayed or flown outside. (Ord. 679, 5-29-01) 1008.10 1008.10 (Rev. 10/10) f. (Deleted, Ord. 847, 10-21-10) g. Grand Openings and Other Events: Subject to all other requirements of this subdivision and Chapter, a permit may be issued for a grand opening or other special event that would utilize a combination of temporary signs at any one (1) principal location. No more than one (1) special event permit shall be allowed per business in a calendar year. (Ord. 679, 5- 29-01; Ord. 816, 1-22-09) Subd. 5. Window Signs: In the interest of public safety, the City requires that commercial or retail businesses operating in the B-1, B-2, B-3 or B-4 zoning districts meet the following regulations and requirements governing signs placed upon window interiors. (Ord. 679, 5- 29-01; Ord. 816, 1-22-09) a. No business shall obscure more than fifty percent (50%) of any window section or pane. (Ord. 679, 5-29-01; Amended, Ord. 847, 10-21-10) b. Such window signage shall not obscure or block from view that area of a window or door between four feet (4') and seven feet (7') from the interior floor level, unless such area does not offer any visibility to interior public space. (Ord. 679, 5-29-01) c. Window signs as allowed herein shall be exempt from any permit requirements. (Ord. 679, 5-29-01; Amended, Ord. 847, 10-21-10) Subd. 6. Billboards: A new or renewed interim use permit shall not be issued for any new or currently existing billboard within the City: (Ord. 644, 12-13-99; Ord. 656, 3-27-00; Ord. 679, 5-29-01; Ord. 801, 1-7-08) a. Interim Use Permit: Any IUP issued for an interim use billboard shall automatically expire no later than July 1, 2037 or earlier if so indicated in the resolution approving the IUP. (Ord. 644, 12-13-99; Ord. 656, 3-27-00; Ord. 679, 5-29-01; Ord. 708, 12-30-02; Ord. 769, 5-8-06; Ord. 801, 1-7-08) b. Maximum Sign Area: The maximum gross surface display area of the sign cannot exceed seven hundred (700) square feet per side except that any rectangular billboard may contain temporary extensions, cutouts, or top lettering which occupy a total area not in excess of twenty five percent (25%) of the area of the basic billboard and form an integral part of the design thereof. No such temporary extension, cut out, or top lettering may project more than six feet (6') from the top, eighteen inches (18") from either side or fifteen inches (15") from the bottom of the basic rectangular advertising message. The area of an extension, cutout, or top lettering shall be deemed to be the area of the smallest rectangle into which such extension, cutout, or top lettering will fit. (Ord. 644, 12-13-99; Ord. 679, 5-29-01; Ord. 816, 1-22-09) 1008.10 1008.10 (Rev. 10/10) c. Orientation of Sign Faces: Billboards may have no more than two (2) sign faces. Sign faces must be back-to-back with sign faces parallel or angled. All billboards with their faces back-to-back and parallel shall have no greater distance than eight feet (8') between the faces. All billboards with faces at an angle shall have no greater angle than thirty-five degrees (35°). (Ord. 644, 12-13-99; Ord. 679, 5-29-01; Ord. 816, 1-22-09) d. Maximum Sign Height: The maximum allowable height of billboards shall be forty-five feet (45'), except for billboards located on County Road 10 or on Interstate 35W between County Road H2 and County Road I, in which cases the height shall be limited to thirty-five feet (35’). The height shall be measured from the grade at the base of the sign or from the surface of the roadway whichever is higher. (Ord. 644, 12-13-99; Ord. 679, 5-29-01; Ord. 769, 5-8-06; Ord. 816, 1-22-09) e. Obstruction: No billboard may be located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic. (Ord. 644, 12-13-99; Ord. 679, 5-29-01; Ord. 816, 1-22-09) f. Dynamic Displays: All billboards with dynamic displays shall meet all the requirements of Section 1008.10, subdivision 9 of this Chapter. (Added, Ord. 816, 1-22-09) Subd. 7. Campaign Signs: Subject to Minnesota Statutes, the following regulations shall apply to all campaign signs for political candidates or issues: (Ord. 679, 5-29-01) a. No more than one (1) sign shall be erected per candidate or issue along each street frontage of any parcel of land. Campaign signs shall not be allowed on public property. (Ord. 679, 5-29-01) 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 than 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'). (Ord. 679, 5-29-01) c. For local regular elections and referendums, campaign signs may be posted from forty- six days before the local general election or referendum until ten (10) days following the election or referendum. (Added, Ord. 847, 10-21-10) d. For local special elections and referendums, campaign signs may be posted from the date of filing until ten (10) days following the special election or referendum. (Added, Ord. 847, 10-21-10) e. All campaign signs must be removed no later than the (10) 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) (Ord. 679, 5-29-01; Amended, Ord. 847, 10-21-10) 1008.10 1008.10 (Rev. 11/11) Subd. 8. Home Occupation Signs: In the R-1, R-2 and R-5 residential zoning districts, a sign not to exceed one (1) square foot is allowed to be displayed provided such sign is attached to the house or garage of the property on which the home occupation takes place. (Ord. 679, 5-29-01) Subd. 9. Dynamic Display Signs: (Added, Ord. 816, 1-22-09) a. The City allows noncommercial dynamic display signs wherever the City allows commercial dynamic display signs. Such signs are subject to the same standards and total maximum allowances per site or building of each sign type specified in this Chapter. (Added, Ord. 816, 1-22-09, Amended Ord. 864, 11-3-11) b. Standards for all dynamic display signs: (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11) (1) The images and messages displayed on the sign must be static, complete in themselves, without continuation in content to any other sign. The messages, content and images on all such displays shall not flash, blink, or move and shall not include any video images or content. (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11) (2) No person or contractor shall install a dynamic display sign that because of its position, shape, movement or color, interferes with the proper functioning of a traffic sign, signal or that constitutes a traffic hazard. (Added, Ord. 816, 1-22-09) (3) All dynamic display signs shall have ambient light monitors and shall, at all times, allow such monitors to automatically adjust the brightness level of the sign based on light conditions. (Added, Ord. 816, 1-22-09) (4) The manufacturers, owners and operators of dynamic display signs must design and equip such signs with a fully functional monitoring off switch system that automatically shuts the sign off or will freeze the device or sign in one (1) position; if a malfunction occurs. The signs and displays also must be equipped with a means to shut off or discontinue the display if it malfunctions. The sign owner or operator must stop or shut off the dynamic display within one (1) hour or as soon as reasonably possible of the City notification that the sign is not meeting the standards of this Section of Chapter. (Added, Ord. 816, 1-22-09) 1008.10 1008.10 (Rev. 11/11) (5) Any dynamic display sign capable of accessing and utilizing MN Amber Alert technology shall display such messages as they are made available by the MN Dept. of Public Safety or other responsible agency. (Added, Ord. 864, 11-3-11) (6) All dynamic display signs shall meet the following brightness standards: (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11) (a) No sign shall be brighter than is necessary for clear and adequate visibility and no sign shall exceed 500 Nits (candelas per square meter) at night and 7,500 Nits (candelas per square meter) during the day. (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11) (b) No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight nor shall such a sign interfere with the driver’s operation of a motor vehicle in any way or manner. (Added, Ord. 816, 1-22-09) (c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (Added, Ord. 816, 1-22-09) (d) The person owning or controlling a sign with a dynamic display shall adjust the sign to meet the brightness standards according to the City’s instructions. The sign owner or operator shall adjust the sign within one (1) hour or as soon as reasonably possible upon notice of non-compliance from the City. (Added, Ord. 816, 1-22-09) (e) All dynamic display signs installed after December 31, 2008, shall be equipped and operated with an ambient light monitor or a mechanism that automatically adjusts the brightness level of the sign in response to light conditions. These signs also shall be equipped with a means to turn off immediately the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one (1) hour or as soon as reasonably possible after the City notifies the owner or operator that the sign is not meeting the standards of this Section or Chapter. (Added, Ord. 816, 1-22-09) 1008.10 1008.10 (Rev. 6/12) (f) Subsequent to November 1, 2011, no dynamic display sign shall have the capacity to operate in excess of 7,500 Nits (candelas per square meter). The lamp wattage and luminance level in Nits (candelas per square meter) shall be provided at the time of permit application. Dynamic display sign permit applications must also include a certification from the owner or operator of the sign stating that the sign shall at all times be operated in accordance with City codes. (Added, Ord. 864, 11-3-11) (g) In addition to the brightness standards required above, dynamic display signs shall meet the City’s lighting requirements as listed in Section 1103.09 (Glare) of the City Code. (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11) c. In addition to all other standards of this chapter, the City allows on-site dynamic display signs subject to the following additional conditions: (Added, Ord. 816, 1-22-09, Amended Ord. 864, 11-3-11, Ord. 872, 6-7-12) (1) Such signs may be located only in the Limited Business (B-2), Highway Business (B-3), Regional Business (B-4) or Commercial Planned Unit Developments (PUD’s) zoning districts. (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11) (2) Notwithstanding subsection 1 above, such signs may be located on the sites of schools, churches, places or worship or other institutional land uses, subject to the following additional conditions: (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11, Ord. 872, 6-7-12) (a) City Council approval of a conditional use permit (CUP) as outlined in Section 1106.04 and Section 1125.01, subdivision 3 of the City Code. (Added, Ord. 816, 1-22-09) (b) Dynamic display signs in residentially zoned districts must utilize amber color lights. (Added, Ord. 864, 11-3-11) (c) Such signs shall not cause glare, disturbance or other problems to any residential properties or land uses. (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11) (3) The owner or operator of a dynamic display sign shall control and display the primary or background images and messages on the sign so they maintain each display for a minimum of four (4) seconds. (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11, Ord. 872, 6-7-12) 1008.10 1008.10 (Rev. 6/12) (4) Dyn amic display signage shall not exceed fifty (50) square feet of the sign area or fifty percent (50%) of the total square footage of said sign face, whichever is less. (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11, Ord. 872, 6-7-12) (5) Such signs may only display and advertise information about products, events, persons, institutions, activities, businesses, services, or subjects that are located on the premises or on the site or only to provide public service or community service information. (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11) (6) Such signs must meet all other City location and setback requirements. (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11) d. The City allows off-site dynamic display signs subject to Section 1008.10, subdivision 6 (Billboards) of the City’s Code, the above-mentioned standards for all dynamic display signs, and the following operational standards and additional conditions: (Added, Ord. 816, 1-22-09, Amended Ord. 864, 11-3-11) (1) The images and messages displayed on the billboard must be static and each display must be maintained for a minimum of eight (8) seconds. The transition from one (1) static display to another must be instantaneous and without any special effects or videos. (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11) (2) Only billboard faces located adjacent to Interstate 35W and more than 1,000 feet from any residentially zoned property in the City of Mounds View may be retrofit to a dynamic display, and only subsequent to a building permit issued by the City. One hundred percent (100%) of the sign face may be used for dynamic display. (Added, Ord. 816, 1-22- 09, Amended, Ord. 864, 11-3-11) (3) Public Safety. If City staff determines that a dynamic display sign is not being operated pursuant to this Chapter due to its location or display capabilities, City staff can require the sign owner or operator to modify the sign after the City notifies the property owner or operator about the operational issues. (Added, Ord. 816, 1-22-09, Amended, Ord. 864, 11-3-11) 1008.11 1008.11 (Rev. 11/11) 1008.11 MISCELLANEOUS SIGNAGE REQUIREMENTS AND PROVISIONS Subd. 1. Signage Allowances for Specific Land Uses: Public or semi public recreational buildings and neighborhood and community centers; public and private education institutions limited to elementary, middle and senior high schools; religious institutions, such as churches, chapels, temples, synagogues; nursing homes, senior assisted living facilities and commercial day care facilities; may be allowed the following signage: (Ord. 679, 5-29-01) a. Wall signage not to exceed 100 square feet per principal building. (Ord. 679, 5-29-01) b. Ground signage not to exceed 100 square feet, subject to Section 1008.10, Subdivision 1e. (Ord. 679, 5-29-01) Subd. 2. Traffic-Control Related Sign Regulations: Compliance with the following regulations relative to traffic control is required: (Ord. 679, 5-29-01) a. No animated or moving sign shall be located or maintained within fifty feet (50') of an intersection at which traffic semaphores are located. (Ord. 679, 5-29-01) b. No sign shall be designed, located or maintained to obscure or conceal or cause confusion as to any traffic-control sign or device. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) c. No sign shall be located or maintained on or over any public street or highway right-of- way unless specifically permitted herein. (Ord. 679, 5-29-01) d. There shall be no use of revolving beacons, zip flashers, flashing signs or similar devices that would distract automobile or motor vehicle traffic to constitute a safety hazard. (Ord. 679, 5-29-01; Ord. 816, 1-22-09) 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. (1988 Code §39.13) (Ord. 679, 5-29-01) Subd. 3. (Reserved) 1008.11 1008.12 (Rev. 10/10) Subd. 4. Area Identification Signs: The City Council at its discretion may allow for the placement of an Area Identification Sign to define a neighborhood, community, development, subdivision or multi-family complex and may require that: (Ord. 679, 5-29-01) a. The applicant is a duly noted representative of the appropriate group or organization. (Ord. 679, 5-29-01) b. The land upon which the sign is located has been dedicated for such a use by easement, plat or other legal and recordable instrument unless such sign would otherwise be permitted herein. (Ord. 679, 5-29-01) c. A maintenance agreement be recorded which among other things would provide for the long term responsibility, care and maintenance of such sign. (Ord. 679, 5-29-01) Subd. 5. Off-Site Directional Signs: Off-Site Directional signs may be permitted within a public right-of-way subject to approval of the City, written approval of the appropriate governmental agency having jurisdiction over the roadway (if not the City) and the written approval of the owner of the property to which the sign may be adjacent, if applicable. (Ord. 679, 5-29-01) 1008.12: PROHIBITED SIGNS: The following signs and sign types are prohibited in the City of Mounds View: (Ord. 679, 5-29-01) Subd. 1. Flashing signs. (Ord. 679, 5-29-01; Ord. 816, 1-22-9) Subd. 2. Signs, or lights attached to signs, which mimic or have an appearance similar to those on an emergency vehicle or a traffic control light. (Ord. 679, 5-29-01) Subd. 3. Roof signs, unless integrally incorporated into the roof design, then such sign shall be considered a wall sign. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) Subd. 4. Temporary or permanent signs posted within public right-of-ways, excluding directional signs and signs expressly allowed herein and by other governmental agencies. (Ord. 679, 5-29-01; Ord. 769, 5-8-06) Subd. 5. Vehicles Used as Signs: Vehicles or trailers that display advertising and are parked in such a way as to attract public attention shall be prohibited, except for signs on vehicles or trailers which are magnetic, decals or permanently painted upon the surface of the vehicle without obscuring any vehicle window area. Such sign shall not alter the profile or silhouette of the vehicle. (Ord. 679, 5-29-01) Subd. 6. Nuisance Signs: Any sign considered a nuisance as defined herein shall be prohibited. The property owner of the land upon which the sign is located or the owner of the sign shall act to remove the sign or bring the sign into compliance upon notification of the City Inspector. (Ord. 679, 5-29-01) 1008.12 1008.13 (Rev. 10/10) Subd. 7. Signs that have blinking, flashing or fluttering lights. (Added, Ord. 801, 1-7-08; Ord. 816, 1-22-09) Subd. 8. Billboards, except as otherwise provided in this Chapter or Code. (Added, Ord. 801, 1-7- 08; Ord. 816, 1-22-09) Subd. 9. Beacons and searchlights. (Added, Ord. 847, 10-21-10) 1008.13 NONCONFORMING SIGNS: It is the intent of the City with this Chapter that nonconforming signs shall not be enlarged or expanded, nor should a person use this Chapter as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of the City with this Chapter to permit legal nonconforming signs to remain if such signs are safe, maintained in good condition and if such signs have not been abandoned, moved or removed. Any sign, including a billboard, legally existing at the time of the passage of this Ordinance that does not conform to the provisions of this ordinance shall be considered a legal nonconforming sign and may be continued including through repair, replacement, restoration, maintenance, or improvement but not including the moving, enlargement or expansion of the sign. “Expansion” shall be defined as any structural alteration, change or addition that is made outside of the original sign structure or design. (Ord. 679, 5-29-01; Ord. 769, 5-8-06; Ord. 816, 1-22-09) Subd. 1. Nothing in this Ordinance shall prevent the return or repair of a sign structure that has been declared unsafe by the Building Official to a safe condition. (Ord. 679, 5-29-01; Ord. 769, 5- 8-06; Ord. 816, 1-22-09) Subd. 2. When any lawful nonconforming sign is discontinued for more than one (1) year, or is changed to a conforming sign, any future sign or sign structure shall meet the provisions of this Chapter. (Ord. 679, 5-29-01; Ord. 769, 5-8-06; Ord. 816, 1-22-09) Subd. 3. Any legal, nonconforming sign shall be removed and shall not be repaired, replaced, restored, or rebuilt if it is damaged by fire or other similar peril to the extent of greater than fifty percent (50%) of its market value at the time of destruction and no sign permit or building permit (if applicable) has been applied for within one hundred eighty (180) days of the date of destruction. The City’s Building Official shall be responsible for making the determination whether a nonconforming sign has been destroyed greater than fifty percent (50%) of its market value at the time of destruction. In making this determination, the Building Official shall consider the market value of the entire sign at the time prior to the destruction and the replacement value of the existing sign. In the event a building permit is applied for within one hundred eighty (180) days of the date of the damage or destruction and the sign did not withstand damage greater than fifty percent (50%) of its market value at the time of destruction, the City may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent properties. (Ord. 679, 5-29-01; Ord. 769, 5-8-06; Ord. 816, 1-22-09) 1008.13 1008.16 (Rev. 9/11) Subd. 4. A lawful nonconforming sign shall not be changed to a similar nonconforming sign or to a more restrictive nonconforming sign. (Ord. 769, 5-8-06) Subd. 5. Sign Regulation Conformance. Should a sign owner, operator or contractor permanently move a nonconforming sign or a nonconforming sign structure for any reason for any distance, it shall thereafter conform to the regulations of this Chapter and with the zoning district standards that it is in after the owner or contractor moves it. (Added, Ord. 816, 1-22- 09) 1008.14: 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 regulation of the City, the code, rule or regulation which imposes the more restrictive condition, standard or requirement shall prevail. (1988 Code §39.14) (Ord. 679, 5-29-01) 1008.15: VIOLATION OF PROVISIONS: Any person found violating any of the provisions of this Chapter shall be guilty of a misdemeanor. (1988 Code §39.15)(Ord. 679, 5-29-01) 1008.16: SIGN VARIANCES: (Ord. 644, 12-13-99; Ord. 679, 5-29-01) Subd. 1. A variance to the provisions of Chapter 1008 may be considered by the Board of Adjustment and Appeals to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner. Applications shall be submitted and reviewed in the same manner as indicated in Chapter 1125 of the Mounds View Zoning Code. (Ord. 644, 12-13-99; Ord. 679, 5-29-01; Ord. 816, 1-22-09, Ord. 861, 9-22-11) Subd. 2. Variance 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. (Ord. 585, 7-15-96)