HomeMy Public PortalAbout10-11-2011MEDINA
PLANNING COMMISSION AGENDA
TUESDAY, OCTOBER 11, 2011
7:00 P.M.
CITY HALL (2052 County Road 24)
1. Call to Order
2. Public Comments on items not on the agenda
3. Update from City Council proceedings
4. Planning Department Report
5. Approval of August 9, 2011 draft Planning Commission minutes.
6. Public Hearing — Text Amendment to Chapter 8 of the Medina
City Code related to regulations for signs.
7. November PC Meeting Date
8. City Council Meeting Schedule
9. Adjourn
POSTED IN CITY HALL October 7, 2011
PC Update from Liz Weir — August/September 2011
The Council:
Swore in and welcomed new administrator, Scott Johnson;
accepted Finance Director Jeanne Day's resignation, with regret and directed staff
to prepare a resolution honoring her service to Medina;
- approved a job description for a new finance director and preliminary interviews
are underway;
approved an Economic Development Authority to be available to help fund
workforce housing, Tax Increment Financed development and public facilities;
directed staff to begin setting up a CIP bond to fund public facilities;
- approved increasing impervious coverage up to 70 percent in Business Park
zoning, as recommended by the Planning Commission;
- awarded the contract preparing and wiring the bases for field lights at Hamel
Legion Park;
- approved a resolution to allow minor City purchases from Highway 55 Rental,
which is part owned by Council member, Jeff Pederson;
approved $25,000 for City Hall improvements, including stretching or replacing
the wrinkled carpet in chambers, removing the front brick planter, which is
crumbling, and replanting a ground level perennial bed and replacing the City
Hall sign;
- approved a preliminary tax levy with a 1.6 percent levy increase. Although the
budget has remained at virtually the same level for the last seven years, the State
shifted reimbursement for Homestead Credit to cities;
accepted a $28,000 donation from the Hamel Athletic Club to restore and improve
drainage of the two older ball fields in Hamel Legion Park and to make other
improvements;
- continues to research the most cost efficient way to meet the need for a new
Public Works Facility;
approved resolution calling for a Public Hearing on the intention to issue General
Obligation Capital Improvement Bonds and accepted a revised five-year Capital
Improvement Plan;
approved a resolution supporting a Minnesota Board of Water and Soil Resources
Clean Water Fund Grant application for the Loretto Ball fields to re -meander
Loretto Creek, create two catchment basins and restore a wetland in order to
remove some 140 pounds of phosphorous from flowing to Lake Sarah;
reviewed the Parking Ordinance and recommended that the City should not
attempt to limit the number of parked vehicles by number, but agreed that they
must be parked on hard driveway surfaces. Council also added changes regarding
long term parking of large recreational vehicles, such as boats and RVs and to
limit by axle weight overnight parking of work vehicles. With all the
recommendations of the PC, plus these changes, the Ordinance will return to
Council on the consent agenda;
discussed the Accessory Dwelling Unit Ordinance, accepting most of the PC's
recommendations. The Mayor noted that in his experience policing rentals was
near impossible and, therefore, he did not recommend eliminating the possibility
of rental. He also stated that with taxation and the limited size of ADUs, they
would not incentivize building for profit. Council asked staff to add language
regarding septic disposal for ADUs in the Ag Preserve and RR Districts and
language minimizing the visual impact to neighbors regarding fire escape/access
stairs to a second story. The Ordinance will be brought back to Council for further
review;
looked at the Pioneer/Sarah Watershed CIP that sets out a costly series of future
water quality improvement projects for Medina and other cities to meet; and
learned that the six -member cities of the watershed are statutorily required to
complete a Third Generation Plan, which involves an intense process that is
equivalent to a Comprehensive Plan rewrite for the watershed. This will have
budgetary implications. Council directed Administrator Johnson to become well
versed in TMDLs.
heard an update on the possible merger of Loretto and Hamel Fire Departments
that is collating data collected from the five cities the two departments serve. The
consultants will make recommendations next spring for possible merger and
future placement of fire stations;
appointed Peter Rechelbacher to represent Medina at the MCWD, with Ann Thies
as an alternate;
further discussed the storm water ordinance, having had one response from a
business owner who expressed some concern over the requirements of the
ordinance.
MEMORANDUM
TO: Mayor Crosby and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: September 29, 2011
SUBJ: Planning Department Updates October 4, 2011 City Council Meeting
Ordinance Updates
A) Stormwater/LID Ordinance - The City Council reviewed at the July 19 and September 20
meetings and requested additional information each time. Staff intends to provide the
information and the updated ordinance at the November 1 meeting.
B) Parking Regulations — The Planning Commission held a Public Hearing at their August
meeting, recommended a number of adjustments, and recommends approval. The City Council
reviewed on September 6 and directed staff to make a number of changes. Staff intends to
present the final draft at the October 18 meeting.
C) Accessory Dwelling Unit Regulations — The Planning Commission held a Public Hearing at
their August meeting recommended approval of the ordinance. The City Council reviewed at
the September 6, and requested some changes and directed staff to confer with the Metropolitan
Council on how ADUs impact the City's density calculations. The Met Council has indicated
that they do not have a policy and are going to set up a group to establish such a policy. Met
Council staff implied that the City may need to amend the Comprehensive Plan in order to allow
ADUs. Staff awaits better information from the Met Council, and hopes to present at the
October 18 meeting.
D) Sign Ordinance — Staff has begun work on the sign ordinance, which is the next ordinance
identified on the work plan. Initially, staff intended to only make clerical changes to the
ordinance in order to add the new zoning districts. Following the discussion of the Planning
Commission and City Council related to off -premise signage, however, staff intends to complete
a more comprehensive revision of the ordinance. The ordinance is tentatively scheduled for a
Public Hearing at the October Planning Commission meeting.
Land Use Application Reviews
A) Pemtom Stage II Plan — N of Highway 55 and W of CR 116 — The City Council approved the
Rezoning, Stage II, and Preliminary Plat at the August 16 meeting. Staff has prepared an
Agreement for City Council review at the September 6 meeting which will allow the developer
to grade the site prior to Final Plat approval. Staff anticipates the applicant will request Final
Plat approval in the fall, and the City will review final construction plans and prepare the main
Development Agreement at that time as well.
B) Marx Conservation Design Subdivision — 2700 and 2900 Parkview Drive — Wally Marx has
requested review of a CD-PUD Concept Plan for a subdivision which would allow a density
bonus (10 lots) and flexibility to lot size and setback requirements and place a portion of their
property into Conservation Easements. The Planning Commission held a Public Hearing at their
July 12 meeting and unanimously recommended denial of the request. The Park Commission
reviewed the matter at their August meeting. The applicant has requested more time prior to
presenting to the City Council to work with potential easement holders.
Planning Department Update
Page 1 of 2 October 4, 2011
City Council Meeting
C) J. Cavanaugh Plat — 805 Hamel Road — Joe Cavanaugh has requested subdivision of his
property into three single-family lots at the southwest corner of Hamel Road and Pinto Drive.
The Planning Commission tabled the Public Hearing at their January 11 meeting, requesting
more information related to drainage and stormwater management. The applicant has granted
an extension through the end of the year and intends to provide updated plans a number of
months in the future.
D) Fortuna Farms Plat — 1425 Tamarack Drive — the Council approved the preliminary plat
resolution on November 22, 2010, and staff awaits an application for final plat approval.
E) Holy Name Cemetery — The City Council approved the Site Plan Review and CUP at the April
19 meeting, and staff is working with the applicant on the conditions of approval.
F) Wrangler's Restaurant — 32 Hamel Road — the Council approved resolutions on July 21, 2009.
The City Council granted until February 7, 2012 for the applicant to final the plat.
Additional Projects
A) Economic Development — staff has been investigating opportunities for the City to potentially
take part in the "Open to Business" program, which the Council will discuss at the October 4
meeting.
B) Tower Drive Feasibility Report — staff is assisting with information for the Feasibility Report
and public information meeting for the Tower Drive project.
C) Budget/CIP — staff has been assisting with the process of making changes requested by the
Mayor and City Council.
D) Records Management — staff is researching options for improving the management of records
in the Planning and Building files of the City. Staff has identified this as a goal to improve the
information available to residents, to increase efficiencies at City Hall, to improve the use of
cramped storage facilities available, and to utilize electronic sources of records management
when it make sense.
E) Park Dedication Procedures — staff is reviewing the procedures by which Park Dedication
requirements are calculated for development projects. The calculations involve many variables
including market values, maximum/minimum fees, and different percentages of land vs. fees.
F) Parks/Trails/Open Space planning — the Park Commission created a committee to conduct a
needs analysis and master plans for the city's parks, trails, and open spaces. The Commission
feels this would be helpful when making decisions on capital improvements and budgetary
issues, as well as making recommendations on park dedication. Planning staff will assist with
the process.
G) Private Dog Kennels — staff has been assisting with the coordination of two requests for private
dog kennel licenses. One is a request for 7 dogs in a home at 1822 Morgan Road and the other
is a request for 12 small dogs in a home at 25 Hamel Road. Staff has requested that the
applicants inform the City on how they wish to proceed by the end of October, or the -City will
consider their requests withdrawn.
H) Zoning Enforcement (Hamel Station tree removal) — The City's ecologist has prepared
recommendations to replace the plants which have survived and to improve maintenance. The
developer intends to plant replacements this fall for the plants which did not survive. Staff will
inspect and make additional maintenance recommendations in the spring and an inspection
again in the fall of 2012.
Planning Department Update
Page 2 of 2 October 4, 2011
City Council Meeting
1 CITY OF MEDINA PLANNING COMMISSION
2 Draft Meeting Minutes
3 Tuesday, August 9, 2011
4
5
6 1. Call to Order: Commissioner Nolan called the meeting to order at 7:00 p.m.
7
8 Present: Planning Commissioners Kathleen Martin, Victoria Reid, Kent Williams,
9 Charles Nolan, Beth Nielsen and Robin Reid
10
11 Absent: John Anderson
12
13 Also Present: City Council member Elizabeth Weir, City Planner Dusty Finke, Debra
14 Peterson -Dufresne, and Associate Planner Dale Cooney
15
16 2. Public Comments on items not on the agenda
17
18 No public comments.
19
20 3. Update from City Council proceedings
21
22 Council member Elizabeth Weir presented a report of recent activities and decisions
23 by the City Council.
24
25 4. Planning Department Report
26
27 Finke provided an update of upcoming Planning projects.
28
29 5. Approval of the July 12, 2011 Draft Planning Commission meeting minutes.
30
31 Motion by Martin, seconded by Williams, to approve the July 12, 2011 minutes
32 with the recommended changes. Motion carried unanimously. (Absent: Anderson)
33
34 6. Public Hearing — Loram — Text Amendment to Chapter 8, Section 833 of the
35 Medina City Code to increase the Maximum Impervious Coverage in the
36 Industrial Park District.
37
38 Cooney presented the text amendment request and informed the Commission that the
39 applicant, Loram Maintenance of Way, Inc., was initiating the request rather than the
40 City. The text amendment request was to increase the impervious coverage from
41 50% to 60% within the IP, Industrial Park zoning district.
42
43
44 V. Reid asked if it's 50% of all Industrial Park land and Cooney concurred.
45
1
1 Tim Heisel, Loram Maintenance of Way, informed the Commission that his parking
2 lot expansion was just over 50 percent. Nolan explained that although Loram was the
3 applicant for the text amendment, the Commission has to look at the application more
4 globally.
5
6 Public hearing opened at 7:20 p.m.
7
8 Finke informed the Commission that a company near Loram had raised concern to
9 him with the current 50 percent maximum hardcover, since their property was nearing
10 the maximum and wouldn't be allowed to expand if the hardcover maximum wasn't
11 increased.
12
13 Public Hearing closed at 7:23 p.m.
14
15 Nolan said the Commission would need to weigh out hardcover and the intensity of
16 the use. He said his experience had been that 70% is more the norm or higher for
17 hardcover in the Industrial zoned districts. He said every city he can think of is
18 higher than what staff is recommending. He felt 60% was even low and as it related
19 to stormwater run-off, he thought the city was looking at it in a separate ordinance.
20 He said as it related to intensity and use, the city could look at setbacks and screening.
21
22 Martin asked Nolan if he was suggesting a 70% maximum impervious coverage
23 rather than staff's recommended 60 percent. Nolan said he wouldn't be opposed to
24 70%, but it would be difficult for a developer to get to the 70% with all the other
25 regulations sites are challenged to comply with.
26
27 Williams said he felt comfortable with the increase, since the city had regulations on
28 stormwater and screening. Nielsen asked about the other industrial user that wanted
29 to increase the percentage. Finke said the other industrial user was in favor of the
30 increase since their property wouldn't allow for an addition without the hardcover
31 being increased.
32
33 Martin recommended approval of the text amendment with a change to staff's
34 recommendation from 60 percent to 70 percent.
35
36 Motion by Martin, seconded by Nielsen, to recommend approval of the Text
37 Amendment with the change to the maximum impervious coverage from 50 percent
38 to 70 percent. Motion carried unanimously. (Absent: Anderson)
39
40
41 7. Public Hearing — Text Amendment to Chapter 8 of the Medina City Code to
42 modify the Parking regulations.
43
44
45 Martin asked if "parking" and "off-street parking" references were meant to mean the
46 same thing. Cooney said yes it refers to off-street parking.
2
1
2 R. Reid commented that the Target parking lot is never full and she felt it had too
3 many parking spaces.
4
5 Martin said Target corporate had their requirements of five parking spaces per 1000
6 square feet of floor area.
7
8 Finke added that Target may have certain regulations that may focus on having
9 sufficient spaces for the peak holidays which could exceed City requirements.
10
11 Public Hearing opened at 7:37 p.m.
12
13 Public Hearing closed at 7:38 p.m.
14
15 R. Reid said it would be foolish to reduce the size of the parking spaces based on all
16 the larger vehicles nowadays. She said she is opposed to reducing the width of the
17 parking spaces.
18
19 Williams said he didn't think the width should be reduced, but would be alright with
20 the proposed length. V. Reid said if the length of the parking spaces were reduced, it
21 would make it more difficult to back out of a space. Cooney informed the
22 Commission that other Cities keep the two-way drive aisle width to the 24 feet and
23 reduce the stall length. Cooney said it may be the overall width of drive aisle and
24 stall length that would need to be considered.
25
26 Nolan said backing into a 20 foot drive aisle is challengeable.
27
28 V. Reid asked what size Target had for their parking spaces and drive aisle width.
29 Cooney said Target had 24 foot drive aisles and a 19 foot depth for each parking
30 space. Nolan said he would rather have the length be in the drive aisle. V. Reid said
31 when you think of a Target store you want some space for pedestrians, and she would
32 prefer the 24 foot drive aisle and 19 foot parking space length. R. Reid said she
33 agreed with staff's recommendation. V. Reid said she would advocate for the 24 foot
34 drive aisle width for both primary and secondary drive aisles.
35
36 The Commission concluded to not reduce the width of the parking spaces, but to
37 require a 24 foot drive aisle width for primary aisles. The Commission also
38 concurred with 22 foot drive aisles for secondary drive aisles, except for V. Reid.
39
40 Williams reminded the Commission that the widths are minimums.
41
42 Fire lanes — Cooney informed the Commission that the Fire Marshal recommended 24
43 foot drive aisle lanes.
44
3
1 Retail Parking Spaces — Nolan said one space per 250 square feet of retail space is a
2 common number and often times 10% is taken off the total for utility areas and
3 stairways.
4
5 Multi -Family Guest Parking — Martin said requiring one half space per unit seemed to
6 be a lot for guest parking, especially if the development had a lot of units. It was
7 concluded that a minimum number of guest parking spaces be provided for multiple
8 family, but two-family and single family would have their own requirements.
9
10 Religious Institutions/Theaters — Martin thought one space for every four seats
11 seemed insufficient. She felt people attended religious institutions and theaters in
12 pairs.
13
14 V. Reid asked if the goal was to achieve enough parking for holiday parking. Finke
15 said it would be a policy question of the Commission. Nolan said Theater parking
16 may be more related to what is showing. He further said when a developer looks at
17 any project, parking is the most important. He said the less parking you have allows
18 for more building size. When a developer looks at a parcel of land and looks at the
19 lot size, setbacks, parking requirements, and other restrictions, it is what's left that
20 determines the size of the building.
21
22 Williams asked if the developer would want sufficient parking. Nolan explained that
23 the developer would construct the minimum amount of parking to achieve larger
24 building sizes.
25
26 The Commission concluded that they agreed with staff's recommendation.
27
28 Business and Professional Offices - The Commission concluded that Business and
29 Professional Offices would be adjusted to require 1/250 square feet of gross floor area
30 per parking space.
31
32 Schools — It was recommended to remove High Schools from the
33 Vocational/Business Schools parking section. The Commission said High Schools
34 would have different parking needs than Vocational/Business schools.
35
36 Martin said each school could decide the amount of parking they would want to
37 provide. She said some schools charge to park their car if students choose to drive to
38 school. She said the school could regulate the number of parking spaces and the
39 number of students permitted to park. V. Reid said she would be concerned with the
40 spill -over impacts on the neighborhood streets.
41
42 V. Reid explained how Minnetonka schools had a huge problem with overflow
43 parking, which then spills out into the neighborhoods and business areas.
44
45 The Commission agreed with staff's recommendation to separate High schools from
46 the Vocational/Business schools.
4
1 Vocational and Business Schools — The Commission suggested staff do additional
2 research and provide information to the Council for discussion.
3
4 Bowling Alleys — Agreed with staff's recommendation.
5
6 Auto service stations — Agreed with staff's recommendation.
7
8 Hospitals — The Commission requested staff to further study and provide data to the
9 City Council.
10
11 Restaurants - Agreed with staff's recommendation.
12
13 Retail (Strip Center) — The Commission suggested granting more flexibility to strip
14 centers that have multiple tenants, especially if a variety of open for business hours
15 exist.
16
17 Proof of Parking — Martin requested proof of parking not be allowed over public
18 easements.
19
20 Martin suggested adding perpetual easements to properties that are under separate fee
21 titles, but share parking and drive aisle areas.
22
23 Single Family Homes — The Commission discussed parking in driveways and to not
24 allow more than four vehicles parked outside visible from the street, or one per
25 licensed driver. The Commission requested more investigation be done with the
26 Police Chief regarding enforcement of such requirements within residential
27 neighborhoods.
28
29 Motion by Martin, seconded R. Reid, to recommend approval of the Text
30 Amendment to modify the parking regulations conditioned on staff doing additional
31 research on uses listed above and to also incorporate perpetual easements. Motion
32 carried unanimously. (Absent: Anderson)
33
34
35 8. Public Hearing — Text Amendment to Chapter 8 of the Medina City Code to add
36 Accessory Dwelling Unit regulations within residential zoned districts.
37
38 Finke presented and explained that the City Council had talked about mother-in-law
39 apartments in the past and wanted staff to draft an ordinance. He further explained
40 the ordinance was moved up the priority list since staff had been getting a number of
41 requests by homeowners in the City for in-law arrangements.
42
43 Finke asked the Commission to discuss what they felt were to be the objectives of
44 allowing accessory dwelling units within the zoning ordinance. He suggested the
45 Commission discuss the following:
46
5
1 1. Allowing a detached accessory dwelling unit in addition to the principal home
2 structure on one parcel;
3 2. Allowing a second dwelling unit within the principal structure;
4 3. Providing housing for employees on -site;
5 4. Should the City respond to demographic changes;
6 5. Diversity of housing.
7
8 Finke explained the draft ordinance required accessory dwelling units to be
9 Conditional Use Permits (CUP), and further reviewed the recommended conditions.
10
11 Martin asked about the term lodging room and asked if it was defined in the
12 ordinance. Finke said it was defined and explained that lodging rooms didn't allow
13 kitchens.
14
15 Martin said the current ordinance only allows a certain number of accessory
16 structures on a lot and a maximum square footage per lot. She said the current
17 regulations could potentially impact a property owner from being allowed an
18 accessory dwelling unit.
19
20 Public Hearing opened at 8:58 p.m.
21
22 Public Hearing closed at 8:59 p.m.
23
24 Nolan said he lumps guest homes, caretaker homes and in-law units together. He
25 asked the Commission if they agreed with allowing them. The Commission agreed.
26
27 Williams said rental housing is acceptable to him, since the draft regulation requires
28 the owner to reside in one of the dwelling units.
29
30 R. Reid had concern with allowing rental units if the renters were unrelated and
31 Martin concurred.
32
33 Finke said the draft ordinance allows for rental units.
34
35 Martin explained that allowing rental housing would make the property more of a
36 multi -family zoned property than a single family zoned. R. Reid and Nolan agreed
37 with Martin.
38
39 Williams said he doesn't see people rushing off to build units to rent them out. He
40 said with the owner living in one of the units, it makes a more palatable arrangement.
41 He said he doesn't like the idea of saying "no renting" when we think people are
42 going to do it anyway. If we know it's going to happen anyway, we should allow it
43 rather than doing it underhanded. He said if the city thinks renting is going to happen
44 anyway, he thinks the tenants would be better protected if we allowed it. He felt if
45 renting ends up all under the table, it wouldn't be fair. Martin explained and
6
1 Williams concurred that tenants would have all the same rights under MN law if
2 residing on a property.
3
4 V. Reid asked if renting is not allowed, but someone has a son living in their guest
5 house, could they rent to him.
6
7 R. Reid, Martin, and Nolan all felt that rental of accessory dwelling units shouldn't be
8 allowed unless they are family.
9
10 The Commission was in favor of detached accessory dwelling units in the Rural
11 Residential districts.
12
13 The Commission said a two bedroom unit could be allowed in the rural districts
14 within a detached structure, and a one bedroom for attached accessory dwelling units.
15
16 The Commission discussed what the maximum sizes should be for one and two
17 bedroom units and concluded that one bedroom units should not be larger than 750
18 square feet and two bedroom units no larger than 1000 square feet. The Commission
19 felt strongly that a limit on a maximum square footage was necessary. V. Reid felt an
20 exception should be made for converting existing habitable space, rather than newly
21 created space.
22
23 Martin said she doesn't see the need for an additional enclosed garage space for the
24 attached accessory.
25
26 Nolan said he was sensitive to allowing multi -family in a single family zone.
27
28 The Commission concurred all districts should be allowed an accessory dwelling unit
29 within the principal structure.
30
31 V. Reid said she was fine with attached accessory dwelling units being rented out, but
32 not if the accessory dwelling unit was detached from the principal structure. Nolan
33 said renting out of attached accessory dwellings units would be more of a nuisance
34 than detached accessory dwelling units.
35
36 The Commission concurred that a CUP would be required for detached accessory
37 dwelling units.
38
39 Nolan said the Commission agreed with everything except for the issue of renting.
40 V. Reid said she is fine with renting if its attached, but not renting if detached, since
41 she felt the owners would pay more attention to who is renting if attached to the
42 home.
43
44 Nolan said it's more of a nuisance if it is attached, since it could impact neighbors
45 with parking if houses are close together.
46
7
1 Motion by Williams, seconded by Nielsen, recommending adoption to City Council
2 of ordinance amendment with the recommended changes that were discussed and to
3 allow renting. V. Reid made friendly amendment to allow renting, but only in
4 attached units, Williams seconded. Ayes, Williams and V. Reid. Nays Martin,
5 Nolan, Nielsen, and R. Reid (Motion failed 4/2). (Absent: Anderson)
6
7
8 Vote on original motion — Motion by Williams, seconded by Nielsen, to allow rental
9 across the board. Ayes - Williams and Nielsen. Nays — Martin, V. Reid, R. Reid,
10 Nolan. Motion Failed 4/2. (Absent: Anderson)
11
12
13 Motion by R. Reid, seconded by Martin, to approve the recommended changes to
14 the ordinance, but exclude renting. Ayes - Martin, Nolan, and R. Reid. Nays — V.
15 Reid, Nielsen, and Williams. Motion Failed 3/3. (Absent: Anderson)
16
17
18 Finke suggested that someone make a motion to recommend the ordinance without a
19 recommendation related to rentals if the Commission was supportive of all of the
20 other decisions in the ordinance.
21
22 Motion by Nielsen, seconded by V. Reid, to approve the ordinance with the
23 recommended discussion, but exclude the issue of renting since the Commission was
24 divided on its decision of rental. Motion carried unanimously. (Absent: Anderson)
25
26 9. City Council Meeting Schedule
27
28 August 16, 2011 — Williams
29 September 20, 2011 — R. Reid
30 October 18, 2011 — V. Reid
31 November 15, 2011 - Nielsen
32
33 10. Adjourn
34
35 Motion by R. Reid, seconded by Williams, to adjourn the meeting at 9:48 p.m.
36 Motion carried unanimously. (Absent: Anderson)
8
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: October 6, 2011
MEETING: October 11, 2011 Planning Commission
SUBJ: Ordinance Amendment: Sign Ordinance
Background
During late 2010/early 2011, the Planning Commission and City Council decided on certain
projects to tackle during 2011. One of these projects was to update the City's sign ordinance,
primarily because the ordinance sets regulations based on zoning districts and because the City
has created a number of new zoning districts over the past few years which are not mentioned in
the ordinance.
Originally, the Planning Commission and City Council had discussed limiting the scope of the
changes to the sign regulations and to only add the new zoning districts. A few months ago, the
Planning Commission and City Council also directed staff to update the ordinance in order to
remove the prohibition against off -premise signage so that neighboring property owners could
share signage. The attached ordinance addresses this primary concern, and also makes a few
other adjustments which staff has noted during the past five years of implementing the sign
ordinance.
Staff has noted a number of broader policy questions and wishes to present these to the
Commission as well.
Changes in Attached Ordinance
Zoning Districts Addressed
The current ordinance includes three separate sets of regulations for the Urban Commercial,
Business Park, and Industrial Park zoning districts. When comparing the regulations of these
districts, the differences are fairly minor. The attached tables summarizes the regulations of each
of these districts, in addition to regulations in other suburban cities.
Generally, the maximum allowed signage is lower in the Urban Commercial district than the
Industrial Park or Business Park districts, especially for lots under an acre. It should be noted
that the Urban Commercial district required a minimum lot size of an acre, so the lots to which
the most restricted sign regulations would apply was relatively limited.
Because the changes are relatively minor, staff recommends that the regulations be made
consistent across these zoning districts (and the new zoning districts). As an alternative, separate
regulations could be maintained for all of the zoning districts, and new sections could be added
for the new districts which have been created.
Ordinance Amendment Page 1 of 4 October 11, 2011
Sign Ordinance Planning Commission Meeting
Off -Premise Signage
Off -premise Signs were removed from the list of signs which are prohibited.
Inconsistencies/Interpretation Concerns
Over the past five years, staff has noted a number of inconsistencies and interpretation questions
within the ordinance. Staff included changes to these sections within the draft ordinance as well.
Changes include:
1) Inconsistencies related to Temporary Signs updated
2) Definition of "Sign Area" clarified
3) Language related to "bonus" pylon signage for gas stations clarified
4) Definition of "Roof Signs" clarified for signs which are affixed to the top of awnings and
not the roof of a building.
5) Setback and maximum size requirements added for temporary signs
6) Deleted reference to legal process to challenge City decisions
Broader Policy Questions
As staff was discussing the ordinance and preparing the changes described above, a number of
other questions related to the regulations came up. Although the original intent was not to bore
too deeply into the ordinance, staff believes that it may be worth discussing a few points and re-
evaluating if additional changes should be made. Depending on the feedback from the Planning
Commission, it might be worth preparing a more inclusive amendment to the sign ordinance
since changes are already being made. If so, staff would return with such amendment at a future
meeting, and recommend that property owners be invited to a public hearing to discuss the
amendment.
Maximum Sign Area Based on Lot Size
The City's current sign ordinance limits the aggregate amount of signage allowed on a site based
on the area of the property. Staff did not find another community which limits signage in this
way, although some do limit by lot frontage. On the other hand, many cities limit the size of a
particular sign by lot frontage, building size, or other similar measures.
Staff believes this type of limitation makes it difficult to compare Medina's limitations to that of
other communities, and the current regulations also appear to limit signage significantly on larger
sites.
Allowed Signage Generally Lower than Other Communities
As mentioned above, the City's regulations are difficult to compare to other communities,
although the attached table summarizes Medina's regulations and those of some other cities.
Because the regulations themselves are difficult to compare, staff thought it may be helpful to
apply the regulations of all of the cities to a few hypothetical situations. This was very helpful in
order to see how the rules played out in reality. These comparisons are attached for reference.
Generally, Medina's regulations allow less signage than the other cities compared.
Ordinance Amendment Page 2 of 4 October 11, 2011
Sign Ordinance Planning Commission Meeting
Window Signs
The current ordinance allows window signage in certain districts, but prohibits painted messages.
Additionally, window signage is only allowed for special events in Uptown Hamel. Staff was
curious if the Commission saw the distinction between painted signs and poster signs as
important. Also, window signage requires a permit under current regulations and staff suggests
that this might be worth reconsidering.
Freestanding Signs (vs. Monument/Pylon)
The City's current regulations include separate requirements for pylon signs than monument
signs. Most other communities treat these signs the same and call them "freestanding signs."
Ironically, Medina's ordinance references freestanding signs at a few points, presumably
meaning to apply to both monument and pylon signs.
Staff believes the intention of separating the two may have been to encourage monument signs as
preferable to pylon signs. This is the case in the institutional and residential zoning districts,
where more sign area is allowed for monument signs. However, within the commercial districts,
the opposite is the case. Pylon signs are allowed to be taller, which acts as a disincentive to
construct monument signs. Unless pylon signs are intended to be treated preferentially, staff
would recommend that the distinction between the two be removed. If monument signs are
intended to be treated preferentially, the regulations should be adjusted to encourage them.
Maximum number of Freestanding Signs
While Medina's regulations tend to be more strict in terms of the aggregate amount of signage
allowed, the ordinance does not limit the number of pylon and monument signs which can be
constructed on a property. Such limitation is very common in other communities, which tend to
limit signage to one freestanding sign per property or one freestanding sign per street frontage.
With the change to allow off -premise signage, staff recommends that the ordinance be amended
to limit the number of freestanding signs to one per street frontage.
Garage Sale/Open House signs
The existing sign ordinance prohibits all signage within rights -of -way. This would include signs
for garage sales and open houses. This type of limitation is common in other communities,
although some do allow short-term (less than three days) posting of such signs. Enforcement of
this limitation is fairly difficult, especially on weekends. As a result, signs tend to be posted
despite the prohibition. The Planning Commission may wish to discuss allowing signs under
certain conditions, which may lead people to place the signs in a way approved by the City.
Incidental Signs and other interior parking lot signs
The existing sign ordinance exempts Handicap signage and signage related to hours of operation,
but does not discuss other signs which are more interior in nature such as fire lanes, employee of
the month parking signs, etc. Staff recommends that an exemption be added for signage under a
certain square footage that is a certain distance from the property line which is intended for
interior purposes.
Ordinance Amendment Page 3 of 4 October 11, 2011
Sign Ordinance Planning Commission Meeting
Separate regulations for Temporary and Portable signs
The current ordinance includes separate regulations for Temporary and Portable signs.
Temporary signs are allowed 3 times per year for 21 -days at a time and Portable signs are
allowed 4 times per year for 14 -days at a time. Staff is curious if there is a reason to treat these
separately, or if it would make as much sense to allow 6 temporary/portable signs per year for
21 -days at a time. Staff has also received complaints from multi -tenant retail buildings that
certain tenants utilize all of the temporary signage for a property early in a year and other tenants
don't have the opportunity to use temporary signs.
Inflatable Signs, Streamers
Some communities prohibit or otherwise regulate things such as inflatable signs (ie. wacky -
waving -inflatable -tube -people) and streamers of flags. The current ordinance treats inflatable
signs as any other temporary sign. Streamers of flags are not addressed, and would presumably
be allowed.
Lighting regulations — white background
The City's lighting code is referenced in the sign ordinance. One of the requirements of the
lighting ordinance is as follows:
"Outdoor internally -illuminated signs must either be constructed with an opaque background and
translucent text and symbols, or with a colored (not white, off-white, light gray, cream or yellow)
background and generally lighter text and symbols."
Staff believes this limitation was created because white lighted surfaces tend to seem brighter
than darker surfaces. The prohibition of white backgrounds for lighted signs has been
inconsistently enforced since enacting the lighting code. Staff has also received a few
complaints from property owners applying for permits when staff has requested that they use a
different color background for signs.
Staff Recommendations
Staff recommends that the Commission review the attached ordinance, and also discuss the
policy questions raised above. If the Commission believes that additional changes to sign
ordinance are necessary, staff would seek direction on some of the question and prepare a
broader amendment for a future meeting.
If the Commission wishes to make significant changes in the ordinance, staff would suggest that
it might be worthwhile to notify commercial property owners because they tend to have a lot of
interest in sign regulations. Staff could do so for the November 9 Planning Commission meeting
if the Commission concurred.
Attachments
1. DRAFT Ordinance amending Section 815 of the City Code related to Signs
2. Table summarizing sign regulations in Medina and other cities
3. Hypothetical examples applying the regulations of Medina and other cities
Ordinance Amendment Page 4 of 4 October 11, 2011
Sign Ordinance Planning Commission Meeting
CITY OF MEDINA
ORDINANCE NO. ###
An Ordinance Amending Section 815 of the
Code of Ordinances Regarding Signs
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 815 is amended by adding the underlined material and deleting
the stricken material as follows:
Section 815.01. Purpose. It is hereby declared by the city council that the aesthetic and safety
interests of the city are reasonably promoted by the provisions of this ordinance. Accordingly, it
is the intent and purpose of this ordinance to provide for the orderly and harmonious display of
signs within the city; to aid in the identification of properties and enterprises for the convenience
of the public; to avoid the erection of displays which produce deleterious and injurious effects to
adjacent properties and to the natural beauty of the environment; to provide for the safety of the
traveling public by limiting the distractions, hazards, and obstructions; to minimize visual clutter
and encourage a positive visual environment; and to promote the mental and physical health,
safety and welfare of the public.
815.03. Definitions. The following words and terms, wherever they occur in this ordinance, are
defined as follows:
Subd. 1. "Abandoned Sign" is a sign located on a property which is vacant and/or
unoccupied for a period of ninety (90) days; or a sign which is damaged, in disrepair, or
vandalized and not repaired within ninety (90) days.
Subd. 2. "Address Sign" is a sign which indicates the address, number and/or the name of
occupants of the premises. An Address Sign shall not exceed two (2) square feet in area
per side for a residential single family property, eight (8) square feet for a multi -family
dwelling building and twelve (12) square feet for a commercial unit building, and shall
not include any other messages.
Subd. 3. "Billboard" is any structure or portion thereof on which lettered, figured, or
pictorial matter is displayed that has an area of one hundred (100) square feet or more.
Subd. 4. "Directional Sign" is a sign which is erected for the purpose of guiding vehicles
and pedestrian traffic in finding locations on the property where the sign is located. The
Directional Sign shall be less than four (4) square feet in surface area, consist of only two
surfaces and contain no illumination or additional messages.
Subd. 5. "Dynamic Display" is any characteristic of a Sign that appears to have movement
or that appears to change, caused by any method other than physically removing and
Ordinance No. ### 1
DATE
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. 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 of
technology that allows the Sign face to present a series of images or displays.
Subd. #. "Freestanding Sign" is a Monument Sign or Pylon Sign as defined herein.
Subd. 6. "Historic Sign" is a sign that memorializes an important historic place, event or
person and that is recognized by a governmental entity.
Subd. 7. "Illuminated Sign" is a sign which is illuminated by an artificial light source.
Subd. 8. "Incidental Sign" is a small sign, emblem or decal informing the public of goods,
facilities or services available on the premises (e.g. a credit card sign or a sign indicating
hours of business) and that does not exceed two (2) square feet.
Subd. 9. "Monument Sign" is a freestanding sign that is attached to the ground by means
of a freestanding support structure, solid from grade to the top of the sign structure and is
typically encased or supported by masonry materials.
Subd. 10. "Off -premises Sign" is a commercial speech sign which directs the attention of
the public to a business that is not on the same premises where such business sign is
located.
Subd. 11. "Portable Sign" is a sign so designed as to be movable from one location to
another and which is not permanently attached to the ground or any structure, including
those on wheels. Portable Signs shall not include any flashing lights.
Subd. 12. "Projecting Sign" is a sign in which all or any part of it extends perpendicular to
and projects from a building face, wall or structure and which its primary purpose is other
than the support of the sign.
Subd. 13. "Pylon Sign" is a sign erected on a post or posts, or freestanding shafts, walls or
piers which is solidly affixed to the ground and not attached to a building.
Subd. 14. "Roof Sign" is a sign erected upon the roof of a structure to which it is affixed or
a sign painted on the roof of a structure. A sign located on acanoply,awning. or porch
shall not be considered a Roof Sign if the top of such sign does not exceed the heiciht of
the adjacent wall of the structure to which the canopy, awning, or porch is attached.
Subd. 15. "Sign" is any letter, word, symbol, device, poster, picture, statuary, reading
matter, or representation in the nature of an advertisement, announcement, message, or
visual communication, whether painted, posted, printed, affixed, or constructed which is
displayed outdoors for informational or communicative purposes.
Ordinance No. ### 2
DATE
Subd. 16. "Sign Area" is that area within the marginal lines of the sign 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 or wall, that area which is
included in the smallest rectangle which can be made to circumscribe all letters, the
figures, or symbols displayed thereon. The maximum Sign Area for a free standing sign
refers to a single surface. For a two-sided freestanding sign, only a single surface shall be
counted when measuring the total and maximum Sign Area.
Subd. 16.1. "Sign Surface Area" is the total surface area of a Pylon Sign, calculated by
multiplying the vertical width of the surface of the Sign times the horizontal height of the
surface of the Sign. Sign Surface Area shall not include the area of the post(s), shaft(s),
or pier(s) on which the Pylon Sign is erected.
Sign Area = A x B
Sign Surface Area `= C x I)
Subd. 17. "Temporary Sign" is a sign which is erected or displayed for a limited period of
time, is not illuminated and not of a permanent nature, including banners, inflatable
devices or sandwich boards.
Subd. 18. "Vehicle Sign" is any sign that is attached, painted on or placed onto or inside a
parked vehicle that is used primarily for any purpose other than the sale or rental of the
vehicle itself. Vehicle Signs shall not include signs on trailers, buses, trucks, taxis or
other vehicles parked on the vehicle owner's own premise while in the course of business
provided that the primary use of the vehicle is not for purposes outside of the premise's
business.
Subd. 19. "Wall Sign" is a sign affixed to the exterior wall, awning or canopy 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 (12) inches from the surface to which it is
attached.
Subd. 20. "Window Sign" is a sign that is affixed to and not painted on the interior or
exterior of a window or glass door or inside a building within three (3) feet back from the
building's window or glass door with its message intended to be visible to and readable
by the public.
Ordinance No. ### 3
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Subd. 21. "Zoning Administrator" is the officer or other person at the city charged with
the administration and enforcement of this ordinance, or his or her duly authorized
deputy.
815.05. Sign Permit Required; Exceptions; Sign Prohibitions.
Subd. 1. Permit Required. It is unlawful to install, construct, erect, alter, revise,
reconstruct or relocate any Sign as defined in this ordinance in the city without first
obtaining a permit therefore as required by this ordinance, except as provided in
subdivision 2 of this Section.
Subd. 2. Exemptions. A Sign permit need not be obtained for the following Signs,
provided that all other applicable requirements of this ordinance are met:
(a) One Sign smaller than five square feet in area (excluding temporary signs) may be
posted on any parcel of land, except that such Sign may not be an Off -Premise
Sign;
(b) Signs posted by authorized government officials on public land or right-of-way;
(c) Signs within a business, office, mall or other enclosed area that cannot be seen from
the outside;
(d) Up to two Address Signs per property;
(e) Incidental Signs;
(f) Flags. No flag on a flagpole shall exceed forty (40) square feet in area. No single
property shall fly more than three (3) flags at one time. Flagpoles shall not
exceed forty (40) feet in height. If the total area of the flags exceeds seventy two
(72) square feet, the excess area shall be included in any Sign Area calculations
for the property. Wall -mounted flags shall be limited to one flag per property and
shall not exceed twenty (20) square feet in area; and
(g)
Handicapped parking Signs.
Subd. 3. Prohibited Signs. The following signs are prohibited in all zoning districts.
(a) Abandoned Signs;
(b) Billboards;
(c) Roof Signs;
(d) Off premises Signs Mylar or metallic balloons displayed or flown outside;
(e) Vehicle Signs; and
(g) Signs posted within the public right-of-ways and public property, excluding
Directional Signs and Signs expressly allowed herein and by other governmental
agencies.
Ordinance No. ### 4
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Section 815.07. Permitted Signs in all Zoning Districts. The following Signs are permitted in
all zoning districts. A Sign permit is required for each Sign.
Subd. 1. Signs on Construction Sites. Two Signs shall be permitted upon a construction
site in any zoning district. Each Sign shall not exceed 32 square feet in area per surface;
shall be limited to a single surface; shall be located upon the subject construction site;
shall be set back ten (10) feet from the right-of-way; and shall be removed upon
completion of the construction site improvements and release of the financial guarantee.
Subd. 2. Temporary Signs. No Sign permit shall be issued by the city for a Temporary
Sign for a duration of more than twenty-one (21) days at one time or for more than three
(3) twenty-one day periods in any calendar year. Permit periods may run consecutively
without interruption if approved by the city. Only one (1) Temporary Sign shall be
allowed on a property at one time. In cases of properties with multiple tenants, one (1)
Temporary Sign per tenant shall be allowed at one time. Temporary Signs shall be set
back a minimum of 10 feet from property lines and shall not exceed 32 square feet in
Sign Area. Inflatable Signs shall be considered Temporary Signs and shall be securely
tethered and attached to the ground or building=. No Mylar or metallic balloons shall be
permitted to be displayed or flown outside
Subd. 3. Portable Signs. No Sign permit shall be issued by the city for a Portable Sign for
a duration of more than fourteen (14) days at one time and no more than one time per
quarter of a calendar year. Portable Signs shall be set back a minimum of 10 feet from
property lines and shall not exceed 32 square feet in Sian Area. Portable Signs shall not
obscure motorist or pedestrian vision and shall not block or otherwise interfere with a
public or private sidewalk or trail. Such Signs may be illuminated provided said
illumination is not a nuisance to motorists or to adjoining properties. Flashing lights,
strobe lights or lights which could be confused with an emergency vehicle shall be
prohibited.
Section 815.09. Residential District Signs.
Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the
following Signs are permitted in Residential Districts. A Sign permit is required for each
Sign. No Sign in a Residential District shall exceed six (6) feet in height. If illuminated,
the Sign shall meet the applicable luminary requirements set forth in Section 829 of the
city's ordinances.
Subd. 2. Permitted Signs. The following additional types of Signs are permitted in
Residential Districts:
(a) Directional Signs. One (1) Directional Sign is permitted for each property;
(b) Monument Signs. Monument Signs are permitted at the entrances of a residential
subdivision, institutional use or park, but shall be no greater than thirty (30)
square feet and be landscaped around the perimeter of the base of the Sign. The
Ordinance No. ### 5
DATE
landscaping shall cover at least two (2) times the total area of the Monument Sign
base. The Monument Sign shall be set back at least ten (10) feet from the curb or
right-of-way;
(c) Home Occupation Signs. Home occupation Signs shall be approved by the city
council in conjunction with a conditional use permit for the home occupation.
The home occupation Sign shall be no greater than eight (8) square feet, have
only one (1) side, be set back at least ten (10) feet from the right-of-way. The
home occupation Sign shall be landscaped around the perimeter of the base of the
Sign. The landscaping shall cover at least two (2) times the total area of the home
occupation Sign base; and
(d) Pylon Signs. Pylon Signs are permitted at the entrance(s) of a residential
subdivision, institutional use or park, but shall not exceed 15 square feet in Sign
Area nor exceed 20 square feet in Sign Surface Area. The Pylon Sign shall be
landscaped around the perimeter of the base of the Sign. The landscaping shall
cover an area equivalent to the width of the sign surface multiplied by two. The
Pylon Sign shall be set back at least ten feet from the curb or right-of-way. The
Pylon Sign shall be designed to have a natural appearance, and the post(s),
shaft(s) or pier(s) on which the sign is erected shall have a combined width which
is at least 10 percent of the width of the Sign.
Section 815.11. Commercial Business a d Ind trial District Si. ns.
Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the
following Signs are permitted in Urban and Rural Commercial, Business. and Industrial
Districts. A Sign permit is required for each Sign. All Signs in Urban and Rural
Commercial District) shall be integrated with the design and architecture of any buildings
or structures on the property in terms of materials, style, color and placement. If the Sign
is illuminated, it shall meet the applicable luminary requirements set forth in Section 829
of the city's ordinances.
Subd. 2. Maximum Sign Area. The Signs on an Urban and Rural Commercial, Business.
or Industrial District Property may consist of any of the types of Signs permitted by this
Ordinance, but the Signs shall not exceed the following total Sign Area:
Lot Size (Acres) Maximum Total Sign Area
1 Acre 100 Square Feet
1.1 < 5 Acres -1-50 175 Square Feet
5.1 - 20 10 Acres 200 Square Feet
10.1 - 15 Acres 250 Square Feet
> 15.1 Acres 275 Square Feet
The maximum total sign area may be increased by 25 percent in the case of buildings
which are constructed with four-sided architecture, have exposure to traffic on opposite
sides or provide customer access from opposite sides. Buildings on typical corner lots or
which admit customers on two adjacent sides do not qualify for additional signage absent
Ordinance No. ### 6
DATE
additional unique site characteristics. Four-sided architecture means architecture of the
quality generally associated with the front facade being used on all sides of a building.
Additional signage under this provision is allowable only upon submission of a master
signage plan for the site and approval by the city and may be installed only so as to be
facing the other street front.
Subd. 3. Permitted Signs. The following additional types of Signs are permitted in Urban
and- ur-al Commercial. Business, and Industrial Districts:
(a) Directional Signs. Directional Signs shall be only permitted for properties utilizing a
drive-thru or that have loading or staging areas. Two (2) Directional Signs are
permitted for each property. The Directional Signs shall be set back at least five
(5) feet from the curb or right-of-way;
(b) Monument Signs. A Monument Sign shall not be greater than ten (10) feet in height.
The Monument Sign's height shall be calculated by averaging the measurements
of the final grade in elevation around the perimeter of the bottom of the Sign to
the top of the Sign, with measurements in at least four (4) different places around
the Sign required. The Monument Sign shall be landscaped around the perimeter
of the base of the Sign. The landscaping shall cover at least two (2) times the
total area of the Monument Sign base. A Monument Sign shall be set back at
least twenty (20) feet from all lot lines of the property, with the exception that the
Monument Sign may be set back only ten (10) feet from the front lot line of the
property if it is located at least twenty-five (25) feet from the side lot lines. If the
Monument Sign includes a Dynamic Display, it shall meet the applicable
Dynamic Display requirements as set forth in Section 815.21 of the city's
ordinance;
(c) Multi -Tenant Wall Signs. A Multi -Tenant Wall Sign shall not be larger than eight
(8) percent of the area of the wall on which it is located or the square feet
specified above, whichever is less. The Sign shall be centered on the wall;
(d) Projecting Signs. A Projecting Sign shall not extend any more than twelve (12)
inches away from the surface of a building face, wall or surface. All Projecting
Sign surfaces shall count toward the total Sign Area allowed by this Section. No
Projecting Signs shall exceed three (3) feet in height;
(e) Pylon Signs. No Pylon Sign shall exceed fifteen (15) feet in height. The Pylon
Sign's height shall be calculated by averaging the measurements of the final grade
in elevation around the perimeter of the bottom of the Sign to the top of the Sign,
with measurements in at least four different places around the Sign required. The
Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The
landscaping shall cover at least two (2) times the total area of the Pylon Sign base.
A Pylon Sign shall be set back at least twenty (20) feet from all lot lines of the
property, with the exception that the Pylon Sign may be set back only ten (10) feet
from the front lot line of the property if it is located at least twenty-five (25) feet
Ordinance No. ### 7
DATE
from the side lot lines. If the Pylon Sign includes a Dynamic Display, it shall
meet the applicable Dynamic Display requirements as set forth in Section 815.21
of the city's ordinances;
One (1) Pylon Sign is permitted for each gasoline service station, provided that
said Sign does not exceed thirty (30) feet in height, is no more than sixty-four
(64) square feet in Sign Area and maintains a minimum setback of ten (10) feet
from any public right-of-way. Said gasoline service station Pylon Sign shall be
allowed in addition to all other permitted Signs. As an alternative, the gasoline
service station may have up to three (3) Signs totaling eighty (80) square feet of
Sign Area if one surface is used and one hundred and sixty (160) square feet if
two surfaces are used, provided that all such Signs are attached to the same post
or other structure, provided however, that such Signs shall „ot be internally
illuminated, shall not exceed six (6) square feet in Sign Area per surface and may
be placed at a zero (0) foot setback;
(f) Wall Signs. No Wall Sign shall exceed sixty four (64) square feet in total Sign
Area. The Wall Sign shall be centered on the wall to which it is attached. No
Wall Sign shall extend more than 12 inches from the surface of a building face,
wall, or surface; and
(g) Window Signs. Window Signs shall be limited to one per property or establishment.
All Window Signs shall not exceed fifty (50) percent of the window on which it is
placed.
Section 815.13. Mixed Use District Signs. Business Par District Signs
Signs within the Mixed Use zoning district shall be regulated based on the land use of the
property on which they are located. Signs which are part of Commercial development within the
Mixed Use district shall meet the requirements of the Commercial, Business, and Industrial
zoning districts. Signs which are part of Residential development within the Mixed Use district
shall meet the requirements of Residential districts.
each Sign. All Signs in Business Park Districts shall be integrated with the design and
architecture of any buildings or structures on the property in terms of materials, style,
color, and placement and the requirements set forth in Section 832 of the city's
set forth in Section 829 of the city's ordinances.
Subd. 2. Maximum Sign Area. The Signs on a Business Park District property may
consist of any of the types of Signs permitted by this ordinance t the gns sha of
exceed the following total Sign Area:
Lot Size (Acres) Maximum Total Sign Area
5.1 10 Acres 175 Square Feet
10.1 15 Acres 250 Square Feet
Ordinance No. ### 8
DATE
> 15.1 Acres 275 Square Feet
Subd. 3. Permitted Signs. The following additional types of Signs are permitted in th
Business Park District:
(a) Directional Signs. Directional Signs shall be only permitted for properties that
utilize a shared private driveway or private road. Three (3) Directional Signs are
permitted for each property. The Directional Signs shall be set back at least five
(5) feet from the curb or right of way;
The Monument Sign's height shall be calculated by averaging the measurement:,
of the final grade in elevation around the perimeter of the bottom of the Sign to
the top of the Sign, with measurements in at least four (1) different places around
the Sign required. The Monument Sign shall be landscaped around the perimeter
of the base of the Sign. The landscaping shall cover at least two (2) times the
total area of the Monument Sign base. A Monument Sign shall be set back at
least twenty (20) feet from all lot lines of the property, with the exception that the
Monument Sign may be set back only ten (10) feet from the front lot line of the
property if it is located at least twenty five feet from the side lot lines. If the
Monument Sign includes a Dynamic Display, it shall meet the applicable
Dynamic Display requirements as set forth in Section 815.21 of the city's
ordinances;
(c) Multi Tenant Wall Sign. A Multi Tenant Wall Sign shall not be larger than eight (8)
percent of the area of the wall on which it is located or the square feet specified
above, whichever is less. The Sign shall be centered on the wall;
(e) Pylon Sign. No Pylon Sign shall exceed fifteen (15) feet in height. The Pylon
Sign's height shall be calculated by averaging the measurements of the final grade
in elevation around the perimeter of the bottom of the Sign to the top of the Sign,
with measurements' in at least four different places around the Sign required. The
landscaping shall cover at least two (2) times the total area of the Pylon Sign base.
A Pylon Sign shall be set back at least twenty (20) feet from all lot lines of the
property, with the exception that the Pylon Sign may be set back only ten (10) feet
from the front lot line of the property if it is located at least twenty five (25) feet
from the side lot lines. If the Pylon Sign includes a Dynamic Display, it shall
meet the applicable Dynamic Display' requirements as set forth in Section 815.21
of the city's ordinances;
One (1) Pylon Sign is permitted for each gasoline service station, provided that
said Sign does not exceed thirty (30) feet in height, is no more than sixty four
(64) square feet in Sign Area and maintains a minimum setback of ten (10) feet
from any public right of way. Said gasoline service station Pylon Sign shall be
allowed in addition to all other permitted Signs. As an alternative, the gasoline
service station may have up to three (3) Signs totaling eighty (80) square feet of
Ordinance No. ### 9
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Sign Area if one surface is used and one hundred and sixty (160) square feet if
two surfaces are used, provided that all such Signs are attached to the same post
illuminated, shall not exceed six (6) square f et i , Sign re^ rf ce and
be placed at a zero (0) foot setback; and
(f) Wall Signs. No Wall Sign shall exceed one hundred (100) square feet in total Sign
Area. The Wall Sign shall be centered on the wall to which it is attached.
Section 815.15. Reserved industrial Park District Signs.
Subd. 1. Cencral Provisions. In addition to the Signs allowed in Section 815.07, the
following Signs are permitted in Industrial Park Districts. A Sign permit is required for
each Sign. All Signs in the Industrial Park District shall be integrated with the design and
architecture of any buildings or structures on the property in terms of materials, style,
requirements set forth in Section 833 of the city's
ordinances. If the Sign is illuminated, it shall meet the applicable luminary requirements
set forth in Section 829 of the city's ordinances.
exceed the following total Sign Area:
Lot Size (Acres)
5.1 10 Acres
10.1 15 Acres
> 15.1 Acres
Maximum Total Sign Area
175 Square Feet
250 Square Feet
275 Square Feet
Dvrstri is
have loading and staging areas or that utilize a shared private driveway or private
road. Three (3) Directional Signs are permitted for ach Property. The
way;
(b) Monument Signs. A Monument Sign shall not be greater than ten (10) feet in
height. The Monument Sign's height shall be calculated by averaging the
measurements of the final grade in elevation around the perimeter of the bottom
of the Sign to the top of the Sign, with measurements in at least four (4) different
places around the Sign required. The Monument Sign shall be landscaped around
the perimeter of the base of the Sign. The landscaping shall cover at least two (2)
times the total area of the Monument Sign base. ^ Monument Sign shall be set
back at least twenty (20) feet from all lot lines of the property, with the exception
that the Monum nt C I' set back only ten (10) feet om the ont lot I „e
of the property if it is located at least twenty five feet from the side lot lines. If
the Monument Sign includes a Dynamic Display, it shall meet the applicable
Dynamic Display requirements as set forth in Section 815.21 of the city's
ordinances;
Ordinance No. ### 10
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(c) Multi Tenant Wall Sign. A Multi Tenant Wall Sign shall not be larger than eight
(8) percent of the area of the wall on which it is located or the square feet
specified above, whichever is less. The sign shall be centered on the wall; and
(d) Wall Sign. No Wall Sign shall exceed one hundred (100) square feet in total Sign
Area. The Wall Sign shall be centered on the wall to which it is attached.
Section 815.17. Uptown Hamel District Signs.
Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the
following signs are permitted in the Uptown Hamel District. A Sign permit is required
for each Sign. All Signs in the Uptown Hamel District shall be integrated with the design
and architecture of any buildings or structures on the property in terms of materials, style,
color, and placement and the requirements set forth in Section 834 of the city's
ordinances. If the Sign is illuminated, it shall meet the applicable luminary requirements
set forth in Section 829 of the city's ordinances.
Subd. 2. Maximum Sign Area. The Signs on an Uptown Hamel District Property may
consist of any of the types of Signs permitted by this Ordinance, but the Signs shall not
exceed the following total Sign Area:
Subd. 3. Permitted Signs. The following additional types of Signs are permitted in the
Uptown Hamel District:
(a) Porch Signs. No more than one (1) porch Sign shall be permitted for each property.
Porch signs shall include signs within or on overhangs, canopies or arcades. All
porch Signs larger than two (2) square feet in Sign Area shall be located on the
outside portion of the porch;
(b) Monument Signs. The Monument Sign shall be landscaped around the perimeter of
the base of the Sign. The landscaping shall cover at least two (2) times the total
area of the Monument Sign base;
(c) Wall Signs. No Wall Sign shall be greater than ten (10) percent of the area of the
wall on which it is located. A Wall Sign shall be centered on the wall to which it
Ordinance No. ### 11
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is attached. If the Wall Sign extends more than six inches back from the building
face, wall or surface, the Sign shall provide a height clearance underneath it of at
least seven and one-half (7.5) feet. No Wall Si_gThshall extend anymore than
twelve (12) inches back from the surface of a building face, wall or surface.
(d) Multi -Tenant Wall Sign. A Multi -Tenant Wall Sign shall not be greater than eight
(8) percent of the area of the wall on which it is located or the square feet
specified above, whichever is less. The Sign shall be centered on the wall;
(e) Historic Signs. Historic Signs shall not be counted in the total Sign Area for the
property if the Historic Sign is less than five (5) square feet in Sign Area;
(f) Projecting Signs. A Projecting Sign shall not extend any more than twelve (12)
inches back from the surface of a building face, wall or s„rf If the nr ting
Sign extends more than six (6) inches beck from the building face, wall or
surface. the Sign shall provide a height clearance underneath it of at least seven
and one half (7.5) feet.. No Projecting Sign shall exceed three (3) feet in height;
and
Window Signs. Window Signs shall only be permitted for special occasions and
shall be subject to the same restrictions as Temporary Signs.
(g)
Section 815.19. Public -Semi Public and Rural Public/Semi-Public Districts Signs.
Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the
following Signs are permitted in Public -Semi Public and Rural Public/Semi-Public
Districts. A Sign permit is required for each Sign. All Signs shall be integrated with the
design and architecture of any buildings or structures on the property in terms of
materials, style, color, and placement. If the Sign is illuminated, it shall meet the
applicable luminary requirements set forth in Section 829 of the city's ordinances.
Subd. 2. Maximum Sign Area. The Signs on a Public -Semi Public or Rural Public/Semi-
Public District property may consist of any of the types of Signs permitted by this
Ordinance, but the Signs shall not exceed the following total Sign Area:
Lot Size (Acres)
< 1 Acre
1.1 — 5 Acres
5.1 — 20 Acres
Maximum Total Sign Area
50 Square Feet
75 Square Feet
100 Square Feet
Subd. 3. Permitted Signs. The following additional types of Signs are permitted in Public -
Semi Public and Rural Public/Semi-Public Districts:
(a) Monument Signs. A Monument Sign shall not consist of more than fifty (50) square
feet of Sign Area. A Monument Sign shall not be greater than ten (10) feet in
height. The Monument Sign's height shall be calculated by averaging the
measurements of the final grade in elevation around the perimeter of the bottom
of the Sign to the top of the Sign, with measurements in at least four (4) different
places around the Sign required. The Monument Sign shall be landscaped around
the perimeter of the base of the Sign. The landscaping shall cover at least two (2)
times the total area of the Monument Sign base. A Monument Sign shall be set
Ordinance No. ### 12
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back at least twenty (20) feet from all lot lines of the property, with the exception
that the Monument Sign may be set back only ten (10) feet from the front lot line
of the property if it is located at least twenty-five feet from the side lot lines;
(b) Wall Sign. No wall sign shall exceed thirty-two (32) square feet in total Sign Area.
The sign shall be centered on the wall to which it is attached; and
(c) Pylon Signs. No Pylon Sign shall be greater than 15 square feet in Sign Area nor
exceed 20 square feet in Sign Surface Area. No Pylon Sign shall exceed eight
feet in height. The Pylon Sign shall be landscaped around the perimeter of the
base of the Sign. The landscaping shall cover an area equivalent to the width of
the sign surface multiplied by two. A Pylon Sign shall be set back at least 20 feet
from all lot lines of the property, with the exception that the Sign may be set back
only ten feet from the front lot line of the property if it is located at least 25 feet
from the side lot lines. The Pylon Sign shall be designed to have a natural
appearance, and the post(s), shaft(s) or pier(s) on which the sign is erected shall
have a combined width which is at least 10 percent of the width of the Sign.
Section 815.21. General Sign Location, Design and Construction Requirements.
Subd. 1. General Requirements. All Signs shall conform to the requirements of this
Section whether or not a Sign permit is required. All Signs shall be constructed in such a
manner and of such material that they shall be safe and substantial. All Signs shall be
properly secured, supported and braced and shall be kept in good repair so that public
safety and traffic safety are not compromised. Signs visible from a street shall be
designed to be highly legible so as not to distract drivers. Attention should be paid to font
type, font size, and contrasts between the message and background.
Subd. 2. Maintenance. The area on the property around the Sign, including required
landscaping areas, shall be properly maintained and clear of brush, weeds, debris, rubbish
and other obstacles. All burned -out light bulbs or damaged panels on a Sign shall be
immediately replaced.
Subd. 3. Sign Copy. All Sign copy shall be fastened securely to the Sign face and
maintained on a regular basis. Any missing Sign copy shall be replaced immediately.
Any Sign copy that is outdated must be removed within thirty (30) days.
Subd. 4. Location. No Sign shall be located so as to obscure any existing Sign. No sign
other than a governmental sign shall be erected or temporarily placed within any street
right-of-way or upon any public easement. No Sign shall be attached or placed upon any
building in such a manner as to obstruct any window or door or fire escape or be attached
to any fire escape. The minimum clearance of any Sign from unprotected electrical
conductors shall be not less than thirty-six (36) inches for conductors carrying not over
six hundred (600) volts and forty-eight (48) inches for conductors carrying more than six
hundred (600) volts.
Subd. 5. Reserved.
Ordinance No. ### 13
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Subd. 6. Interference with Traffic. A Sign shall not be located within fifty (50) feet of
any street, traffic sign or signal, intersection, driveway or crosswalk. A Sign may be
located closer than fifty (50) feet if it can be shown that the Sign will not interfere with
the ability of drivers and pedestrians to see the traffic sign or signal, intersection,
driveway or crosswalk, and the Sign will not distract drivers nor cause any interference
with such traffic sign or signal.
Subd. 7. Illumination. Illuminated signs shall be subject to the electrical requirements of
the electrical code of the State of Minnesota. Illuminated signs shall also be subject to
the requirements of Section 829 of the city's ordinances.
Subd. 8. Dynamic Displays. Dynamic Displays on Signs are allowed subject to the
following conditions:
(a) Dynamic Displays are allowed only on Monument and Pylon Signs. Dynamic
Displays may occupy no more than thirty-five (35) percent of the actual copy and
graphic area of the Sign. The remainder of the Sign must not have the capability
to have a Dynamic Display even if it is not being used. Only one (1) contiguous
Dynamic Display area is allowed on a Sign face;
(b) A Dynamic Display must not change or move more often than once every five (5)
minutes, except for changes that are necessary to correct hour and minute, date,
time or temperature information. Time, date or temperature information is
considered to be one (1) Dynamic Display and may not be included as component
of any other Dynamic Display. A display of time, date or temperature must
remain for at least five (5) minutes before changing to a different display, but the
time, date or temperature information itself may change no more often than once
every three seconds;
(c) The images and messages displayed on a Dynamic Display must be static, and the
transition from one static display to another must be instantaneous and without
any special effects;
(d) The images and messages displayed on a Dynamic Display must be complete in
themselves, without continuation in content to the next image or message or to
any other Sign;
(e) Every line of copy and graphics on a Dynamic Sign visible from a road must be at
least seven (7) inches in height if the road has a speed limit of 25 to 34 miles per
hour, nine (9) inches if the road has a speed limit of 35 to 44 miles per hour,
twelve (12) inches if the road has a speed limit of 45 to 54 miles per hour, and
fifteen (15) inches if the road has a speed limit of 55 miles per hour or more. If
there is insufficient room for copy and graphics meeting these requirements, then
no Dynamic Display is permitted;
Ordinance No. ### 14
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(f) Dynamic Displays must be designed and equipped to freeze the device in one
position if a malfunction occurs. The display must also be equipped with a means
to immediately discontinue the display if it malfunctions, and the Sign owner
must immediately stop the Dynamic Display when notified by the city that it is
not complying with the standards of this ordinance;
(g)
Dynamic Displays must comply with the brightness standards contained in this
ordinance; and
(h) Dynamic Displays existing on the effective date of this ordinance that do not meet
the structural requirements or operational standards above may continue as a Non -
Conforming Sign subject to Section 815.29. An existing Dynamic Display that
cannot meet minimum font size requirements as stated in subdivision 5 above
must use the largest size possible for one line of copy to fit in the available space.
Subd. 9. Brightness Standards.
(a) All Signs that include Dynamic Displays must meet the applicable luminary
requirements set forth in Section 829 of the city's ordinances.
(b) The person owning or controlling the Sign must adjust the Sign to meet the
brightness standards in accordance with the city's instructions. The adjustment
must be made immediately upon notice of non-compliance from the city. The
person owning or controlling the Sign may appeal the city's determination
through the appeal procedure as set forth in Section 815.27 of this code.
(c) All Signs installed after the effective date of this ordinance that will have
illumination by a means other than natural light must be equipped with a
mechanism that automatically adjusts the brightness in response to ambient
conditions. These Signs must also be equipped with a means to immediately turn
off the display or lighting if it malfunctions, and the Sign owner or operator must
immediately turn off the Sign or lighting when notified by the city that it is not
complying with the standards of this section.
Subd. 10. Reserved.�e e r Signs. emp ,. r., Signs shall he esigned t at they
are not readily overturned. Temporary Signs shall not be hung or installed so as to cover,
(a) Banners shall be strongly constructed and be securely attached to their supports.
They shall be repaired or removed as soon as they are damaged or torn.
(b) Changeable copy Signs shall not obscure motorist or pedestrian vision and shall not
block or otherwise interfere with a public or private sidewalk or trail. Such Signs
may be illuminated provided said illumination is not a nuisance to motorists or to
adjoining properties. Flashing lights, strobe lights or lights which could be
confused with an emergency vehicle shall be prohibited.
Ordinance No. ### 15
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Inflatable Devices shall be securely tethered and attached to the ground or building.
No Mylar or metallic balloons shall be permitted to be displayed or flown outside.
Subd. 11. Non -Commercial Speech Signs. The owner of any Sign which is otherwise
allowed by this ordinance may substitute non-commercial copy in lieu of any other
commercial or non-commercial copy. This substitution of copy may be made without
any additional approval or permitting by the city. The purpose of this provision is to
prevent any inadvertent favoring of commercial speech over non-commercial speech, or
favoring of any particular non-commercial message over any other non-commercial
message. This provision prevails over any other more specific provision to the contrary.
Section 815.23. Sign Permit Applications. The owner or occupant of the property on which a
Sign is to be erected, or the owner or installer of such Sign, shall file an application with the city
Zoning Administrator for a Sign permit. Sign permits must be acquired for all new, relocated,
modified, or redesigned Signs except those specifically excepted in this ordinance.
Subd. 1. Required Information. An application for a Sign permit shall include the
following information:
(a) The name, address and telephone number of the applicant;
(b) The legal description and address of the property to which the Sign is to be placed;
(c) A site plan complete with the description of the Sign, a scaled drawing showing the
Sign's size, location, manner of construction, landscaping, color, construction
materials and lighting details;
(d) A blueprint or ink drawing of the plans and specifications and the method of
construction and attachment of the Sign;
(e) A certified survey with the existing and proposed grading of the site location for
which the Sign will be placed if the Sign construction will disturb more than fifty
(50) cubic yards of earth. The certified survey shall show the existing and
proposed site elevations in two (2) foot contours, drainage patterns and silt fence
location for erosion control for the proposed site;
(f) The name of the person or entity erecting the Sign, if not the applicant, or the name
of the person on whose property the Sign is to be located, if not the applicant;
The written consent of the owner of the property, if not the applicant;
A statement as to whether the Sign will be illuminated or not;
A statement as to whether the Sign will contain any type of Dynamic Display;
Ordinance No. ### 16
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(j) A statement as to whether the Sign will be single faced, double-faced or multi -faced;
and
(k) Such other information as shall be required by the Building Inspector and/or the
Zoning Administrator.
Subd. 2. Permit Fees. The application for a Sign permit shall be accompanied by the
required Sign permit fee and any applicable building permit fee. The Sign permit and
building permit fees shall be established by resolution of the city council.
Subd. 3. Master Signage Plan. A master signage plan shall be included for any Sign
permit applications that involve any residential, mixed -use, commercial, business park
and industrial planned unit developments that include multiple structures and/or
substantial site area and/or mixed uses. The master signage plan must address the
visibility needs of the entire development area, while remaining consistent with the intent
of this ordinance to require high quality signage. The master signage plan shall also
include permanent Sign covenants which can be enforced by the city.
Subd. 4. Sign Permit Issuance/Denial. Provided that the Sign permit application is
complete and approved by the Zoning Administrator, all fees have been paid, and the
proposed Sign and the property upon which the Sign is to be placed are within the
requirements of the ordinance and all other ordinances, statutes and regulations, the
Zoning Administrator shall then issue the Sign permit. In the event that the Zoning
Administrator determines that all requirements for approval have not been met, he or she
shall promptly notify the applicant of such fact and shall automatically deny the Sign
permit. Notice shall be made in writing and sent to the applicant's address listed on the
Sign permit application.
Subd. 5. Inspection. The Zoning Administrator or Building Inspector shall inspect the
property for which a Sign permit is issued on or before six (6) months from the date of
issuance of the Sign permit. If the Sign construction is not substantially complete within
six (6) months from the date of issuance, the Sign permit shall be revoked. If the
construction is substantially complete, but not in full compliance with this ordinance,
other ordinances and applicable codes, the Zoning Administrator shall give the applicant
notice of the deficiencies and shall allow an additional thirty (30) days from the date of
the inspection for the deficiencies to be corrected. If the deficiencies are not corrected by
such date, the Sign permit shall be revoked.
Subd. 6. Sign Permit Expiration. A Sign permit shall become null and void if the Sign
for which the Sign permit was issued has not been completed and installed within six (6)
months after the date of issuance. No refunds shall be made for permit fees paid for Sign
permits that expired due to failure to erect a permitted Sign. If later an individual decides
to erect a Sign at the same location, a new Sign permit application must be processed and
another permit fee shall be paid in accordance with the fee schedule applicable at such
time.
Ordinance No. ### 17
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Subd. 7. Revocation. Should it be determined by the city that a Sign permit was issued
pursuant to an incomplete application or an application containing a false material
statement, or that the Sign permit has been erroneously issued in violation of this
ordinance, the Zoning Administrator shall revoke the Sign permit.
Section 815.25. Enforcement.
Subd. 1. Notice. Any person who violates any provision of this ordinance shall receive a
notice of the violation by hand delivery or mail indicating that he or she must correct the
violation within seven (7) days of the date of the notice.
Subd. 2. Penalties. Any person convicted of violating this ordinance shall be guilty of a
misdemeanor and shall be subject to a fine or imprisonment as specified by state statute.
Each day in which the violation continues to occur shall constitute a separate offense.
Violation of any provision of this ordinance shall also be grounds for revocation of a Sign
permit by the city.
Section 815.27. Appeal. An applicant whose Sign permit has been denied or a permitee whose
Sign permit has been revoked may appeal the decision of the Zoning Administrator to the city
council provided he or she files written notice of an appeal with the Zoning Administrator within
fifteen (15) business days of notice of the Zoning Administrator's decision. Such appeal shall be
considered by the city council at its next regularly scheduled meeting held after the city's receipt
of the written notice of appeal, provided that the notice of appeal is received by the city a
minimum of five (5) full business days before the meeting. The city council shall conduct an
appeal hearing and allow the applicant and any of his or her witnesses to address the council and
to submit additional information. The city council shall make its final determination on the
appeal no more than thirty (30) business days after the appeal hearing. The city council shall
notify the applicant of its decision and provide reasons for that decision. The applicant may
appeal the city council's decision to the court of appeals by vrit of certiorari.
Section 815.29. Nonconforming Signs. Any Sign 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 through repair, replacement, restoration,
maintenance, or improvement but not including expansion. "Expansion" shall be defined as any
structural alteration, change or addition that is made outside of the original Sign structure, Sign
Area or design.
Subd. 1. Nothing in this ordinance shall prevent the return to a safe condition of a sign
structure that has been declared unsafe by the Building Inspector.
Subd. 2. When any legal Nonconforming Sign is discontinued for a period of more than
one (1) year, or is changed to a conforming Sign, any future Sign shall be in conformity
with the provisions of this ordinance.
Subd. 3. Any legal Nonconforming Sign shall be removed and shall not be repaired,
replaced, or rebuilt if it is damaged by fire or other similar peril to the extent of greater
than fifty (50) percent 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 and eighty (180)
Ordinance No. ### 18
DATE
days of the date of destruction. The city's Building Inspector shall be responsible for
making the determination whether a Nonconforming Sign has been destroyed greater
than fifty (50) percent of its market value at the time of destruction. In making the
determination, the Building Inspector 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 and eighty (180) days of the
date of destruction and the Sign did not withstand damage greater than fifty (50) percent
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.
Subd. 4. A lawful Nonconforming Sign shall not be changed to a similar Nonconforming
Sign or to a more restrictive Nonconforming Sign.
Section 815.31 Variances. Upon application by the property owner, the planning commission
may recommend and the city council may grant a variance from the requirements of this
ordinance in instances where the applicant for a variance has demonstrated that all of the
following standards have been met:
Subd. 1. Variance Standards. A request for a variance must meet all of the following
conditions:
(a) Because of the physical surroundings, shape, topography or condition of the property
involved, a hardship to the applicant would result if the strict letter of the
ordinance was carried out;
(b) The conditions upon which the variance is based are unique to the applicant's
property and not generally applicable to the other property within the same zoning
district;
(c) The hardship arises from the requirements of this ordinance and has not been created
by persons presently or formerly having any interest in the property;
(d) A granting of the variance will not be detrimental to the public welfare or injurious
to other property or improvements in the area in which the property is located;
and
(e) The variance is not a request to permit a type of Sign which otherwise is prohibited
by this ordinance.
Subd. 2. Conditions and Restrictions. Upon the granting of a variance, the city council
may impose conditions and restrictions consistent with the spirit and intent of this
ordinance or any other applicable ordinances. In all instances, the applicant shall be
solely responsible for any applicable costs and fees incurred by the city for review of the
variance request by the city staff and any consultants. A variance shall be granted or
denied by the city council in writing accompanied by specific findings of fact as to the
Ordinance No. ### 19
DATE
necessity for the granting or denial of the variance and any specific conditions and
restrictions.
Section 815.33. Severability and Conflict. This ordinance and its parts are declared to be
severable. If any section, subsection, clause, sentence, word, provision, or portion of this
ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, this
decision shall not affect the validity of the ordinance as a whole. All parts of this ordinance not
declared invalid or unconstitutional shall remain in full force and effect as if such portion so
declared or adjudged unconstitutional or invalid were not originally part of this section, even if
the surviving parts of the ordinance result in greater restrictions after any unconstitutional or
invalid provisions are stricken. The city council declares that it would have enacted the
remaining parts of the section if it had known that such portion thereof would be declared or
adjudged unconstitutional or invalid. If any part of this ordinance is found to be in conflict with
any other ordinance or with any part of this ordinance, the most restrictive or highest standard
shall prevail. If any part of this ordinance is explicitly prohibited by federal or state statute, that
part shall not be enforced.
SECTION II: The ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this
ATTEST:
Scott T. Johnson, City Administrator -Clerk
Published in the South Crow River News this
day of , 2011.
T.M. Crosby, Jr., Mayor
Ordinance No. ### 20
DATE
day of , 2011.
Hypothetical Application of Sign Codes
Scenario 1:
4 acre commercial site
Building —15,000 square feet (200'x75') multi -tenant retail (5 tenant spaces)
Single frontage
Medina = 150 sq. ft. signage total
Maple Grove = 250 total sq. ft. — (50 sq. ft. freestanding; 40 sq. ft. wall signs x 5 spaces)
Plymouth = 500 total sq. ft. — (100 sq. ft. freestanding; 80 sq. ft. wall signs x 5 spaces)
Minnetonka = 440 total sq. ft. — (80 sq. ft. freestanding; 72 sq. ft. wall signs x 5 spaces)
Rogers = 460 total sq. ft. — (60 sq. ft. freestanding; 80 sq. ft. wall signs x 5 spaces)
Eden Prairie — 280 total sq. ft. — (80 sq. ft. freestanding; 40 sq. ft. wall signs x 5 spaces)
Scenario 2:
15 acre commercial site
Building —135,000 square feet (475'x275') big -box retail
Frontage and entrances on two streets
Medina = 200 sq. ft. signage total
Maple Grove = 1060 total sq. ft. — (50 sq. ft. freestanding; 640 sq. ft. wall sign; 370 sq. ft. wall sign)
Plymouth = 2084 total sq. ft. — (64 sq. ft. freestanding; 1280 sq. ft. wall sign; 740 sq. ft. wall sign)
Minnetonka = 500 total sq. ft. — (100 sq. ft. freestanding x 2 frontage; 300 sq. ft. wall signs)
Rogers = 320 total sq. ft. — (60 sq. ft. freestanding x 2 frontages; 100 sq. ft. wall sign x 2 frontages)
Eden Prairie = 716 total sq. ft. — (80 sq. ft. freestanding; 36 sq. ft. freestanding; 300 sq. ft. wall sign x 2)
For context:
Target in Medina = 354 total sq. ft. — (68 sq. ft. freestanding; 186 sq. ft., 36 sq. ft., 64 sq. ft. wall signs)
Scenario 3:
1.5 acre site
6000 sq. ft. (80'x75') gas station and car wash
Frontage and entrances on two streets
Medina = 214 square feet — (150 sq. ft. + 64 sq. ft. "bonus" pylon for gas stations)
Maple Grove = 255 total sq. ft. — (50 sq. ft. freestanding x 2; 75 sq. ft. wall sign; 80 sq. ft. wall sign)
Plymouth = 410 total sq. ft. — (100 sq. ft. freestanding; 150 sq. ft. wall sign; 160 sq. ft. wall sign)
Minnetonka = 380 total sq. ft. — (80 sq. ft. freestandingx2; 150 sq. ft. wall signs x2)
Rogers = 260 total sq. ft. — (60 sq. ft. freestanding; 100 sq. ft. wall sign x 2)
Eden Prairie = 371 total sq. ft. — (80 and 36 sq. ft. freestanding signs; 125 sq. ft. wall; 130 sq. ft. wall)