HomeMy Public PortalAbout09-13-2012MEDINA
PLANNING COMMISSION AGENDA
MONDAY, AUGUST 13, 2012
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 July 10, 2012 draft Planning Commission minutes.
6. Public Hearing — Ordinance Amendment to Chapter 8 of the
Medina City Code related to Wind Energy Conversion Systems,
solar panels, and geothermal heat sources.
7. Public Hearing — Ordinance Amendment to Chapter 8 of the
Medina City Code related to signs and outdoor lighting.
8. Council Meeting Schedule
9. Adjourn
REPOSTED IN CITY HALL August 10, 2012
MEMORANDUM
TO: Mayor Crosby and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: August 2, 2012
SUBJ: Planning Department Updates August 8, 2012 City Council Meeting
Ordinance Updates
A) Wind Turbine/Renewable Energy Ordinance — The City Council enacted a moratorium on
Wind Energy Conversion Systems (WECS) at the June 5 meeting and authorized a study on the
matter. Staff has studied the existing regulations and prepared a report and potential ordinance
amendment. The Planning Commission reviewed at their July 10 meeting and tabled the matter.
Commissioners expressed an interest in touring the location of area wind turbines before acting
on the ordinance amendment. The Commission is scheduled to discuss again at their August 13
meeting.
B) Sign Ordinance — The Planning Commission reviewed the ordinance at their October and
December meetings, provided staff with direction on a number of policy questions, and finalized
their review at the February Commission meeting. The Council reviewed at the March 6
meeting and requested additional changes. Staff is researching options for regulating emerging
lighting technologies, which have been discussed during the process for updating the ordinance
and also as a result of complaints from neighbors of a lighted sign. This may lead to additional
changes to the sign ordinance, and potentially the need to make changes to the lighting
ordinance.
Land Use Application Reviews
A) Cavanaugh Concept Plan — North of Hwy 55, East of Arrowhead — RPC, LLC has applied for a
concept plan review of a potential residential subdivision on 22 acres west of the Fields of
Medina plat. The property owner seeks feedback on the land use of this property and the
potential to develop the site at a lower density than the Medium Density Residential guiding of
the property would require. The Planning Commission reviewed at the July 10 meeting and
provided comments, which generally did not support flexibility based on the layouts shown.
The City Council reviewed at the July 17 meeting. The Park Commission reviewed on July 18
and recommended 2 acres for the park on the east side of the site and did not recommend
utilizing additional dedication for the wooded area in the northwest portion of the site. The City
Council will have another opportunity to provide comment at the August 8 meeting.
B) Lennar (Brockton Lane) Residential development — south of Hamel Legion Park, east of The
Enclave — The City Council granted preliminary approval at the July 17 meeting. The applicant
has indicated that they will be submitting for final plat approval in the near future.
C) Enclave at Medina (Hunter) 2"d Addition — Lennar has submitted a request for Final Plat for
the 2"a addition of the Enclave subdivision. This phase is proposed to include 50 single-family
homes. The City Council approved of the final plat at the July 17 meeting. Staff has been
working with the applicant to meet the terms and conditions of approval so that construction can
begin.
Planning Department Update
Page 1 of 2 August 8, 2012
City Council Meeting
D) Buckley Wind Energy Conversion System (WECS) CUP — 1582 Homestead Trail — Hanna
Buckley has applied for a CUP to construct a 189 -foot wind turbine on their property and the
application is incomplete for review at this time. The City Council has established a
moratorium on the review, approval and construction of WECS and authorized a study on the
City's regulations of this use. Review of the CUP cannot proceed until the moratorium expires.
Additional Projects
A) Park Ridge Acres — staff has been reviewing the development agreement of Park Ridge Acres
and discussing potential amendments requested by the Property Owner clarifying that
sewer/water fees are the responsibility of the owner of the lot at the time a building permit is
pulled, not of the initial Developer. Staff intends to present an amendment to the agreement for
Council review at the August 8 meeting.
B) Lake Minnetonka Cable Commission franchise discussion — staff took part in discussions
related to strategies to improve access to cable TV and high speed interne in the rural area of
the City.
C) Leawood Farms 2"d Addn driveway matter — staff researched the history of a matter related to a
driveway easement for two vacant lots in the Leawood Farms subdivision. Staff has contacted
the relevant owners to acquire easements which were intended to be executed back in 2006 but
are not showing up of record.
D) Drainage concern (Belle Terra) — staff has been working with Public Works to provide options
for a property owner who has indicated concern with subdivision drainage in Belle Terra.
E) Zoning Enforcement (unkept yards) — staff has sent and followed up on a number of
enforcement letters related to tall grass and weeds
F) Zoning Enforcement (Hamel Station tree removal) — The City received payment of
approximately $13,000 as was required by the agreement related to mitigating the tree loss for
this project. Staff conducted an inspection of the property, and it appears that the work directed
last year was not completed as required. Staff has sent a demand that the requirements be met
(some during July and others when weather cools in September).
Planning Department Update
Page 2 of 2 August 8, 2012
City Council Meeting
1 CITY OF MEDINA PLANNING COMMISSION
2 DRAFT Meeting Minutes
3 Tuesday, July 10, 2012
4
5
6 1. Call to Order: Commissioner Charles Nolan called the meeting to order at 7:00 p.m.
7
8 Present: Planning Commissioners Charles Nolan, Robin Reid, Randy Foote,
9 Kathleen Martin, Kent Williams and Victoria Reid.
10
11 Absent: John Anderson
12
13 Also Present: City Councilmember Elizabeth Weir and City Planner Dusty Finke.
14
15 2. Public Comments on items not on the agenda
16
17 No public comments.
18
19 3. Update from City Council proceedings
20
21 Weir updated the Commission on recent activities and decisions by the City Council.
22
23 4. Planning Department Report
24
25 Finke provided an update of upcoming Planning projects.
26
27 5. Approval of the June 12, 2012 Draft Planning Commission meeting minutes.
28
29 Motion by Martin, seconded by R. Reid, to approve the June 12, 2012 minutes with
30 noted corrections. Motion carried unanimously. (Absent: Anderson)
31
32
33 6. Public Hearing — Richard Cavanaugh requests a Concept Plan Review for a
34 potential residential subdivision on 22.86 acres located north of Highway 55 and
35 east of Arrowhead Drive.
36
37 Finke presented the application. He explained the applicant would prefer 75 foot
38 wide lots, which would equate to approximately 3.12 units per acre. He explained
39 that it would not meet the minimum density requirements per the Comprehensive
40 Plan. Finke reviewed the surrounding zoning and their standards with the
41 Commission. He explained the Comprehensive Plan mandates the City to maintain
42 an average of 3-5 units per acre for the MUSA.
43
44 Williams asked the applicant if they wanted to avoid a Planned Unit Development
45 (PUD). He further asked if the development would need a mix of housing when they
46 developed. Finke said yes.
1
1 Finke identified the area at the NW corner of the parcel and said it was heavily
2 wooded. He asked the Commission if putting this area into preservation would be
3 something they would be interested in doing. Finke suggested that maybe by placing
4 this area into preservation, in addition to the park land being dedicated; they could be
5 allowed to develop smaller lots.
6
7 Finke said the project will go to the Park Commission for feedback. He said the
8 applicant shows 2.2 acres dedicated to park. The same family owns additional land to
9 the south and they have stated they would be willing to discuss additional land to the
10 south to be dedicated. He said the Park Commission discussed this area in the past
11 for a possible ten acre park site.
12
13 Nolan asked Finke about how the Park Commission came to the decision of wanting a
14 10 acre park in this area. Finke said area calculations were done based on what the
15 Park Commission thought would be needed or wanted in that area. He said the Park
16 Commission had originally looked at this area and thought it needed broader area
17 amenities. More recently the Park Commission has been thinking they may need a lot
18 more than 10 acres for the type of amenities they were thinking for the area. V. Reid
19 said there are a lot of people within walking distance to this location that could utilize
20 a park in this location.
21
22 R. Reid asked what the implications would be for filling in a small wetland. Finke
23 said the applicant would have to go through the Conservation Wetland Act, which
24 would mean they would need to purchase wetland credits or mitigating. She said she
25 sees a large number of the lots having wetlands and hadn't recalled seeing that type of
26 layout before. Finke said with the Lennar project the City required most of the
27 wetland areas to be in an Outlot.
28
29 Foote asked about the conservation area staff was thinking for the NW corner of the
30 lot. Finke explained how in the Lennar project the City was able to save a 10 acre
31 area as a trade for change of density and lot sizes and thought that this could be
32 similar.
33
34 Martin asked what type of trees were on the property. Finke said he wasn't sure.
35 Martin asked if there was a creek bed running from the southeast corner of the lot.
36 Finke said there was and that delineation had been done, but that area wasn't
37 classified as a wetland under the wetland conservation act.
38
39 Applicant Joe Cavanaugh of 275 Lakeview Road in Medina spoke before the
40 Commission. He said they would like to stick with selling their property for single
41 family home construction. He said all the developers that have looked at the property
42 are not interested in constructing townhomes. He added that they would like to run
43 utilities south along the westerly property line to provide development opportunities
44 for property to the west and east. He said by running the utilities to the south rather
45 than the west it would reduce the impacts on large portions of wetlands along
46 Meander Drive. Cavanaugh said to go back and impact wetlands would be difficult
2
1 and said the biggest benefit for the City would be for the road connection to be made
2 from their property to Juberts to Arrowhead Road.
3
4 Nolan asked about connecting sewer to the south and Finke said tonight was the first
5 he had heard of their request. Foote asked if an 8" line was adequate and Finke said a
6 12" would be necessary to get west of Arrowhead Drive. Cavanaugh said he wanted
7 to connect utilities to the south to avoid the wetland, which would be a shorter
8 distance and provides future development potential to the south. He said if they
9 installed the utilities along Meander to Arrowhead Drive it would be for no other
10 purpose than for their development.
11
12 R. Reid asked if anyone had inquired why Meander was put there. Finke said it was
13 because of reduced road accesses along highway 55.
14
15 V. Reid asked if the applicant wanted a PUD when they came in for approval.
16 Cavanaugh said they weren't sure at this time. He said he is just looking for feedback
17 from the Commission so that he can guide interested buyers in the right direction as
18 to what the City is looking for development wise.
19
20 Dave Nash of 4610 Bluebell Trail South in Medina, representing the applicant, said
21 the only reason the property needed a PUD was for smaller lots. He said he could
22 probably figure out a design without a PUD.
23
24 Williams asked for clarification on what Nash considered a townhome. Joe
25 Cavanaugh said he wouldn't be the builder, since they are only the owners and want
26 to sell to a builder/developer. He said they have gotten consistent feedback that
27 single family homes are the only thing developers are interested in constructing.
28 Williams asked if they had done any exploring to do anything other than townhomes
29 such as twin homes, duplexes, or apartments. Nash said they haven't explored
30 anything other than single family since all builders have wanted absolutely nothing
31 other than single family homes. Cavanaugh said since the City is very high on the
32 SAC fees it makes developing townhomes or multiple family homes more difficult
33 due to the cost per unit. Nash said in Plymouth the SAC fees are charged per acre
34 rather than per unit, so that is why townhomes are being built there rather than in
35 Medina.
36
37 R. Reid asked about the proposed street design. Cavanaugh said they have not spent
38 any time on design, since a builder will want their own design and what they are
39 showing is only conceptual. Nash said the more flexibility the City gives them, the
40 more amenities and improvements they can incorporate into the project.
41
42 R. Reid said the City rezoned the subject property to a zoning classification that the
43 owners wanted and is trying to understand why now they needed flexibility.
44 Cavanaugh said he is just asking for some flexibility on the density, but still wants it
45 to be residential.
46
3
1 Martin asked what the applicant's objective was to make it work. She asked who
2 would be installing the infrastructure. She said it all seems premature. Cavanaugh
3 said they are before the Commission to get a feeling of what the Commission and
4 Council would consider. He said no one has been willing to purchase without
5 knowing what the City would like to see on the property.
6
7 Martin said she is hesitant to say anything about reduction of density without seeing
8 what the development would look like first.
9
10 R. Reid said she doesn't think the math works out right to get the number of units
11 they are looking to get.
12
13 The Commission discussed in general terms possible amenities that could benefit the
14 development and what would provide flexibility to the applicant. One of the ideas
15 would be to preserve the woodland area in the northwest corner of the lot.
16
17 Public Hearing opened at 8:00 p.m.
18
19 Public Hearing closed at 8:01p.m.
20
21 Nolan said when he thinks about the density he looks at it as a City wide issue. He
22 said in order for him to be in favor of reducing density he would have to see some
23 benefit to the City. He said if preservation of the woodland area was needed or made
24 sense then he would be supportive. Preservation of an area would be an incentive that
25 would compel him to make it worth dropping the density requirements.
26
27 Nolan said the Comprehensive Plan says we want to see a mix of housing types.
28 When he hears the townhome market isn't there now it's hard to have City policy
29 follow market trends. He said it's bad City policy to govern by the markets of today.
30 He said density is important and if an applicant wants flexibility they are open to it if
31 they can show what they can give/do for the City to make them an exception. The
32 conservation part of it is very high on the City's list, so the applicant needs to show
33 cause and how they would preserve the woods. He said if they needed a PUD to
34 accomplish preservation of the woods and reduced lot sizes then he would be
35 supportive of using a PUD process. He said the challenge is that the parcel is only 20
36 some aces with challenges such as wetlands and woods. Based on the current concept
37 plans he would have a hard time lowering density.
38
39 Cavanaugh said in order to meet density they could put in eight townhomes and
40 wouldn't be saving the trees. Nolan said it's up to the developer to come up with a
41 design showing why the City should lower the density.
42
43 Cavanaugh asked if they could preserve the trees rather than add to the park to the
44 east. Nolan said it has to be a benefit to the City to justify the flexibility. "Best
45 advice is to look at the Comp Plan and explain what City objectives you've
46 accomplished within your development proposal."
4
1 No action needed by the Commission.
2
3 7. Public Hearing — Ordinance Amendment to Chapter 8 of the Medina City Code
4 related to Wind Energy Conversion Systems, solar panels, and geothermal heat
5 sources.
6
7 Finke provided background as to why the ordinance was before them. He said the
8 Council had enacted a moratorium and directed staff to study existing regulations on
9 June 5, 2012. As a result staff drafted an ordinance for the Commission and Council
10 to review.
11
12 Finke explained what other communities allowed with varied. He said the one
13 consistency with researching other communities was the issue of "noise" and where
14 the sound comes from. He explained the studies he'd reviewed and touched on topics
15 such as shadow flicker, visual impacts and wildlife impacts. He said it was difficult
16 to quantify impacts.
17
18 Finke requested direction from the Commission on Policy Questions such as:
19
20 • Types of WECS — allow only large turbines; allow only smaller turbines
21 • Where to allow — Rural and Commercial areas
22 • Noise — State Rules, setbacks, "New Standard"
23
24 Finke said the ordinance recommended a more inclusive ordinance so that zoning
25 districts could be deleted if the Commission felt it wouldn't be appropriate in a
26 particular district. Incorporating height of WECS based on acreage of property and a
27 setback formula based on height of the wind turbine. He also reviewed noise and
28 design limitations.
29
30 Williams asked when the Orono or Corcoran ordinances were adopted. Finke said he
31 wasn't sure when their ordinances were adopted. The Commission asked Finke if he
32 was aware that they didn't allow wind turbines and Finke said he wasn't. Weir said
33 Orono had a person build a monopole and a cease and desist order was given and the
34 property owners were asked to remove the monopole.
35
36 Public Hearing opened at 8:40 p.m.
37
38 Clarkson Lindley of 1588 Homestead Trail said his wife Nancy and I chose the lot
39 because it had very little height intrusion and from their home they see no other
40 homes from 360 degrees. He said he likes the six decibel over the ambient noise rule.
41 He said their home was very quiet and suggested Medina not allow wind turbines at
42 all.
43
44 Dusty has names) - they represent small wind customers. He said he's heard a lot of
45 concern about noise. He said they now have a new air foil design which has a lot
46 higher efficiency than previous. He said the noise from the Council Chambers clock
5
1 is the only noise their wind turbine would make if it was a 160 feet in height turbine.
2 Second guy said the wind turbine they produce would be like an air conditioner on a
3 monopole. Nolan asked if they felt the ordinance should be modified to separate
4 residential and commercial regulations. 3rd guy said they would like to see the city
5 use the model ordinance.
6
7 Nolan said a lot of towers are under 200 feet in height. 3rd guy He said a lot of
8 providers try and sell 80-100 foot in height turbines but have issues in communities
9 with a lot of trees at that height range which then pushes the height up higher in
10 communities like Medina. Nolan asked how the height was measured and 3rd guy
11 said the height is to the tip of the blade.
12
13 Finke explained the various ways the model ordinance worked as it related to
14 setbacks. He said the model ordinance would require properties to have a minimum
15 of nine acres and would need certain width requirements which would more than
16 likely require the turbine to be in the middle of the lot. Martin asked if there was any
17 correlation between the height and noise. Applicant representative said the higher the
18 wind turbine is the quieter it would be.
19
20 Applicant said their product doesn't produce flicker with three blades and allows
21 lower RPM's. He said Carver County has a wind turbine they could take a look at for
22 comparison to what they are proposing for their client on Homestead Trail. Martin
23 asked for directions to the wind turbine in Carver. V. Reid asked about how long it
24 takes for a payoff of a turbine. Said it typically takes 10 years. Martin asked for
25 useful life and they said 20 years would be fairly conservative and it comes with a 5
26 year warranty and they also offer extended warranties.
27
28 R. Reid asked xxx if they could live with the proposed regulations. Representative
29 said an air conditioner at 100 feet is generally a minimum of 50 decibels.
30
31 Repr said the technology has changed and this technology is real. They ask for some
32 sort of clear measurement.
33
34 R. Reid asked if proposed ordinance would limit other companies from applying.
35 Representative said the current ordinance satisfies it today because of requiring a
36 certified engineer. He said their tower design consists of 160 foot lattice tower for
37 the skyline visual since it reduces the visual mass. They said the visual impact and
38 blend ability of the lattice tower is what attracted them to the lattice style versus the
39 monopole style. They pointed out that if the City require it to have a specific color
40 and has to be painted, it would be difficult to repaint.
41
42 Nolan said maintenance should be required to prevent the sound from increasing.
43
44 Public Hearing closed at 9:18 p.m.
45
6
1 Martin said trouble weighing the nuisance of the noise versus the wind energy it
2 provides. Williams said he feels similar to Martin and would have to see one. He
3 feels to disallow and two neighbors to the north disallow. Foote doesn't see the need
4 in the rural residential areas. Possibly in commercial areas. Williams said and if we
5 want to keep our more rural character. Concerned with maintenance of wind tower
6 and implications of expense and future development of the parcel. Nolan said it's
7 really the noise
8
9 Nolan said almost have to determine if there is a nuisance. Williams said there are
10 two different types of nuisances such as visual and noise.
11
12 R. Reid asked how large the tower was in Maple Grove. Representative said 300 feet
13 and Finke said lower 200 feet... unknown. R. Reid to make differentiation between
14 residential and commercial.
15
16 V. Reid said when Hennepin county application came up and saw turbine in
17 Northfield and was located suburban homes and people. She feels it's a good public
18 policy issue to allow it somewhere. She said she lives within approx. a mile and a
19 half from the railroad and highway 55. She said now people would be upset and no
20 idea what the ambient noise is from them but feels the city shouldn't be afraid of
21 something new. She could really see the lattice style to fit on a farm. Require some
22 sort of yearly maintenance and doesn't see it as intrusive in terms of noise.
23
24 Nolan said that the Commission should visit the Carver County site and other
25 residential sites before a decision is decided. Finke said a van could be
26
27 Motion to table by Martin then Williams.
28
29
30
31
32 Motion by, seconded by, to recommend of the application based on the findings
33 described in the staff report.
34 Motion carried unanimously. (Absent: None)
35
36
37
38
39
40
41 9. Public Hearing — Ordinance Amendment to Chapter 8 of the Medina City Code
42 related to uses permitted in commercial zoning districts.
43
44 Finke presented application explaining how motels and hotels are only allowed in the
45 business districts and that we have a motel in the commercial highway district, which
46 isn't allowed there. The motel is for sale and the owners have an interested party that
7
1 would like to expand it. He said he's not sure if it was an oversight during the zoning
2 changes, but he didn't think not allowing motels in that district was the intent.
3 He also explained that daycare was allowed in all residential districts and in all
4 business districts yet not allowed in the commercial districts, and he wasn't sure if
5 they were meant to be excluded. The Commission discussed and they determined
6 they didn't want to allow daycare in the commercial zoning districts.
7
8 Martin said she always thought religious institutions were only permitted
9 conditionally. She asked why religious institutions wouldn't be a permitted use rather
10 than a conditional use. Finke explained they are more commonly in residential
11 districts which would require conditions. Martin said she doesn't see them any
12 different than a big box user.
13
14 Public Hearing opened at 9:49 p.m.
15
16 Public Hearing closed at 9:50 p.m.
17
18 Motion by V. Reid, seconded by Foote, to recommend approval of the ordinance
19 amendment, with the exception of excluding daycare uses from the commercial
20 district. Nays — Martin. Martin said she voted against the ordinance amendment
21 because she doesn't see a reason why a daycare facility couldn't be in a commercial
22 zoning district. (Absent: Anderson)
23
24 10. Council Meeting Schedule
25 Commission discussed the monthly updates to the Council and if there is only a need
26
27
28 Next Tuesday Williams.
29
30 11. Adjourn
31
32 Motion by R. Reid, seconded by V. Reid, to adjourn at 9:56 p.m. Motion carried
33 unanimously. (Absent: None)
8
Agenda Item: 6
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: August 10, 2012
MEETING: August 13, 2012 Planning Commission
SUBJ: Wind Energy Conversion System (WECS) Regulation Study Public Hearing
Background
The Planning Commission reviewed a report and ordinance amendment related to WECS at the
July 10 meeting. Commissioners requested time to visit sites where wind turbines are operating
before discussing the ordinance amendment further.
Staff suggested various locations to visit. Turbines varied greatly in capacity, size, and height,
which was important since the attached ordinance applies to all types of turbines.
New large, utility -scaled turbines were suggested in Northfield, near the campuses of Carleton
and St. Olaf.
Older, but still utility -scaled turbines were also suggested at the Great River Energy office in
Maple Grove and north of Elk River on Highway 169.
Additionally, a "small wind" installation was suggested at the Mustard Seed Nursery near
Chaska.
The staff report and ordinance presented at the July 10 meeting is attached for reference. The
Department of Health study which was attached to the previous staff report is available to email,
but staff did not want to print out the entire document again. It is available at:
http://www.health.state.mn.us/divs/eh/hazardous/topics/windturbines.pdf
Attachments
1. Staff report from July 10 meeting
2. DRAFT ordinance
3. Summary of Regulations in other communities
Wind Energy Conversion Systems
Page 1 of 1 August 13, 2012
Ordinance Analysis/Amendment Planning Commission Meeting
Agenda Item: 7
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: July 3, 2012
MEETING: July 10, 2012 Planning Commission
SUBJ: Wind Energy Conversion System (WECS) Regulation Study Public Hearing
Background
The City Council directed staff to study the City's existing regulations related to WECS at the
June 5, 2012 meeting and also established a moratorium on the approval and construction of
WECS until the study is complete and any amendments deemed necessary by the Planning
Commission and City Council have been enacted.
This staff report summarizes the information studied by staff and raises a number of questions
for the Planning Commission and City Council to discuss. The attached ordinance includes a
number of potential changes to the City's existing regulations based on the information
reviewed.
Existing City Regulations
WECS are currently permitted conditionally in the Rural Residential, Agricultural Preserve,
Rural Residential -Urban Reserve, Rural Residential 1, Rural Residential 2, and Suburban
Residential districts. WECS are not currently permitted in any of the commercial, business, or
industrial districts.
In the residential districts in which they are allowed with a CUP, the following standards are
established for WECS:
(i) minimum set back from the nearest property line 150 feet or a distance equal to the height
of the tower plus one-half the diameter of the rotor, whichever is greater;
(ii) certified by a professional engineer as being of a design adequate for the atmospheric
conditions of the Twin Cities;
(iii) equipped with overspeed or similar controls designed to prevent disintegration of the
rotor in high winds;
(iv) compliance with all building and electrical code requirements of the city, the noise
regulations of the Minnesota pollution control agency and the rules and regulations of the
federal communications commission and federal aviation administration;
(v) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential character of the
neighborhood.
(vi) the maximum capacity or size of the WECS generator shall be 100 kilowatts or less;
(vii) the city hereby reserves the right upon issuing any WECS conditional use permit to
inspect the premises on which the WECS is located. If a WECS is not maintained in
operational condition or poses a potential safety hazard, the owner shall take expeditious
action to correct the situation; and
Wind Energy Conversion Systems
Page 1 of 6 July 10, 2012
Ordinance Analysis/Amendment Planning Commission Meeting
(viii) any WECS or tower which is not used for six successive months shall be deemed
abandoned and shall be dismantled and removed from the property at the expense of the
property owner.
Regulations in other Area Communities
Regulations for WECS vary a great deal in nearby developing and rural communities. The
attached table attempts to summarize the common regulations, including in which areas
(districts) WECS are permitted, what types of WECS (private vs. utility) are allowed, setback
requirements, maximum height, etc.
Setback requirements are commonly 1.1x the height of the WECS, and some of additional
minimum standards (for example, 1.1x the height, but no less than 300 feet). The districts in
which WECS are permitted and which types of WECS are permitted vary by City. In fact, some
communities do not allow WECS at all.
Also attached is the "Minnesota Model Wind Ordinance. It should be noted that the model
ordinance was put together in 2005 by a number of zoning/community development
professionals from rural counties (Pipestone, Lyon, Nicollet) in southwest Minnesota.
Public Safety Considerations
Safety should be the primary concern of the regulations. Setback requirements are one of the
most important considerations for this factor. In addition to protecting the "fall zone" of the
tower (it needs to be noted that a collapse of the tower structure is exceedingly rare), the setback
provides protection for potential for the rotor falling (still very rare, but less so than a tower
collapse. One case has been reported in Minnesota), and ice falling from the blades.
Ordinances include the requirement for both an automatic braking system as well as a manual
braking system in order to prevent the rotor from operating in high winds. Ordinances reviewed
include many requirements that licensed professionals certify to the design of a WECS, including
things such as the footing of the tower, the tower structure, protection from lightning, etc. Staff
has included all of these requirements found in other ordinances as part of the attached draft
ordinance.
Noise
Beyond public safety, staff believes that the most important thing to consider is noise. As a
result, staff reviewed a number of studies and other information about noise impacts of wind
turbines.
WECS produce sound in two ways. The equipment itself produces sound when operating,
although new technologies are trending towards magnetic drives which produce less sound than
the traditional gearboxes. Perhaps more important than the mechanical noise, the rotor blades
produce aerodynamic sound as a result of their interaction with the wind. While mechanical
sound is relatively easy to mitigate through the use of insulation, aerodynamic sound is much
more difficult. As technology continues to evolve, rotor blades are being designed to produce
less sound. In terms of decibels (dB), generally, an increase of 3 dB is difficult to notice, while
an increase of 5-6 dB is noticeable, and an increase of 10 dB is generally perceived as twice as
loud.
Wind Energy Conversion Systems
Page 2 of 6 July 10, 2012
Ordinance Analysis/Amendment Planning Commission Meeting
S
One example of a private turbine of 39.9 kW with a magnetic drive is spec'ed to produce "50-55
dB at...100 feet." Decibels reduce with increased distance, generally 6dB each time the distance
is doubled. At a distance of 200 feet (a likely minimum setback for this scale of turbine), the
turbine would be producing 49 dB according to its specs. Larger turbines can produce around
100 dB of sound
The State of Minnesota has determined that it is considered noise pollution (for all uses, not just
wind turbines) for more than 50 dB to occur at residential property for more than 50% of any
given hour. While almost every ordinance reviewed requires that a WECS meets the state's
noise pollution standards, staff questions if this standard is sufficient, especially in residential
settings. For example, the WECS described in the previous paragraph is 1 dB below and would
meet state law. However, the noise from the WECS will occur more often. The Planning
Commission and Council should discuss if relying on the state noise regulations are sufficient.
Aerodynamic sound from wind turbines are at a low frequency which are not attenuated as well
by windows and walls. A study from the Minnesota Department of Health states that the low
frequency sound from turbines may be amplified by resonance and be accompanied by more
vibration which lowers tolerance when compared to higher frequency sound of similar intensity.
The Department of Health report summarizes two studies from Europe which concluded that
approximately 25% of residents reported annoyance when sound from wind turbines were
measured at 35-40 dB (in one study) or 40-45 dB (in another study). It should be noted that
these studies were conducted in locations with numerous wind turbines. Reported "annoyance"
from wind turbine was more likely at lower dB when compared to other sounds.
Annoyance associated with exposure to different environmental noises
50
45
v. 40 Wind turbines Aircraft
>. 35 •
o
30
a. 25 1 Road traffic
Zoo 20 se
i 15 ., Railways
a 10 •#
5 i.
0 r
32 34 36 38 40 42 44 46 48 50 52 54 56 58 60 62 64 66 68 70
Sound exposure (dBA)
Pedersen, E. and K.P. Waye (2004). Perception and annoyance due to wind
turbine noise —a dose -response relationship. The Journal of the Acoustical
Society of America 116: 3460. Copyright 2004, Acoustical Society of America.
Wind Energy Conversion Systems Page 3 of 6 July 10, 2012
Ordinance Analysis/Amendment Planning Commission Meeting
AO
The Department of Health study concluded that the Minnesota 50dB nighttime standard "appears
to underweight the penetration of low frequency sound into residences" and suggest that a more
in-depth analysis of sound is necessary for turbines.
The World Health Organization recommends that ambient noise levels should be below 35 dB
for optimum sleeping conditions.
The model wind ordinance suggests a minimum setback of 750 feet from residences for any
commercial WECS (40 kW+), and the Minnesota Public Utilities Commission requires 750 feet
setback for larger commercial turbines (over 5000 kW), primarily because of noise. While the
assumption may be that larger turbine produce more noise, this is not necessarily the case
because smaller turbines tend to operate at higher RPMs. The example turbine described above
would be reduced to 37.5 dB at 750 feet. Obviously, setbacks of 750 feet (or larger) would
greatly reduce the locations in Medina where a WECS could be located. Some regulations allow
this setback to be reduced through contractual agreements with neighboring properties,
essentially easements where the neighboring property owner agrees to the impacts occurring on
the property.
Other states and countries have adopted different types of requirements related to noise. New
York, for example, requires that a wind turbine does not increase the sound by more than 6 dB
above the measured average ambient nighttime sound. Oregon limits the sound of wind turbines
to 10 dB above the ambient level. These types of regulation requires a lot of modeling. Limits
for European countries range from 35 dB to 45 dB at a "non -consenting" property line.
Shadow Flicker
Shadow flicker is another potential impact of WECS. The rotating blades rhythmically block the
sun at locations fairly distance from the WECS, especially in the morning and evening when the
angle of the sun is lower. The flicker can be annoying for neighboring property owners. The
State of Michigan requires larger setbacks from roadways so that shadow flicker does not create
a distraction. For larger turbines, a common recommendation is that turbines be setback a
minimum of 10 times the rotational diameter of the rotor in order to reduce the impacts of
flicker.
One of the local ordinances reviewed by staff includes a requirement that a "flicker study" be
conducted as part of the CUP process in order to analyze the potential impact of shadow flicker.
Computer software exists in the wind energy industry which makes this type of study fairly easy
to accomplish.
Visual Impacts
In order to access the amount of wind necessary to effectively produce electricity, WECS are
required to be taller than surrounding landscapes and tend to be located on higher topographical
locations. As a result, the turbines will be very apparent and may cause visual impacts. Such
impacts are fairly subjective, and are very difficult to quantify or qualify. Certain design aspects
may minimize the visual impacts such as: non -reflective finishes, monopole vs. lattice tower
design, and muted color requirements.
Wind Energy Conversion Systems Page 4 of 6 July 10, 2012
Ordinance Analysis/Amendment Planning Commission Meeting
Wildlife Impacts
Concern is often raised of the likelihood of WECS striking and killing birds and bats, which does
occur. Generally, studies have shown (including studies at Buffalo Ridge in Minnesota, which
showed bats were of more concern than birds) that mortality rates are not generally high enough
to cause concern, especially when compared to other hazards which kill birds on a daily basis,
especially natural predators.
Types of WECS
Some local ordinances regulate non-commercial and commercial WECS differently. Anoka, for
example, only permits larger -scale commercial WECS. Other communities prohibit WECS over
a certain capacity.
Draft Ordinance Amendment
The attached ordinance includes many of the regulations discussed in this report.
Districts Allowed
In terms of the districts in which WECS are permitted, staff included the most inclusive list as a
starting point. This will allow the Planning Commission and City Council to remove the use
from any of the districts if they see fit. As drafted, WECS would continue to be allowed in the
RR, RR -1, RR -2, RR-UR as they are already. The amendment removes WECS from the
Suburban Residential zoning district, but adds the use to the Business, Business Park,
Commercial -Highway, Commercial Highway -Railroad, Commercial -General, Rural Business
Holding and Rural Commercial Holding districts.
Minimum Lot Size
The ordinance requires a minimum lot size of 2 acres for any WECS. A WECS over 50 feet in
height requires a lot size of 10 acres or greater and a WECS over 120 feet in height requires a lot
size of 30 acres or greater.
Setback Requirements
The draft ordinance requires a minimum setback of 300 feet or 1.25x the height of the WECS,
whichever is greater. Additional setback may be necessary in order to meet the noise limitation
at the property line which is discussed later. The Planning Commission and City Council may
wish to discuss removing the 300 foot minimum setback for smaller WECS (vertical axis
turbines under 50 feet in height, for example).
Maximum Height
The draft ordinance does not establish a maximum height for a WECS. As mentioned above,
larger lots are required for turbines over 120 feet.
Tower Design
The draft ordinance requires all WECS towers to be of monopole design. It is suggested that this
design reduces the visual impact of the tower and also the potential for impacting birdlife.
Noise
As mentioned above, staff's research has suggested that Minnesota's noise pollution standard
may not adequately protect neighboring property owners from noise impacts. Consistent with
Wind Energy Conversion Systems Page 5 of 6 July 10, 2012
Ordinance Analysis/Amendment Planning Commission Meeting
the studies referenced, staff believes it would be best to prevent noise in excess of 35 dB from
impacting neighboring properties. This is especially true for residential property. The draft
ordinance includes language for situations where greater ambient noise is already present, which
would allow more than 35 dB of noise, but no more that 6 dB additional.
Technical Design Requirements
As referenced earlier in the report, the draft ordinance includes the requirements for professional
certifications and references to other relevant codes which were found in most other local codes.
Attachments
1. DRAFT ordinance
2. Minnesota Model Wind Ordinance
3. Study from Minnesota Department of Health
4. Summary of Regulations in other communities
Wind Energy Conversion Systems
Page 6 of 6 July 10, 2012
Ordinance Analysis/Amendment Planning Commission Meeting
CITY OF MEDINA
ORDINANCE NO.
AN ORDINANCE REGARDING REGULATIONS OF WIND ENERGY CONVERSION
SYSTEMS; ADDING SECTION 828.##; AMENDING SECTIONS 826.26.4, 826.98,
832.1.03, 832.2.03, 832.3.09, 833.03, 833.07, 838.1.03, 838.2.03, 838.3.03, AND 838.5.08.
The City Council of the City of Medina ordains as follows:
SECTION I. Section 826.26.4, Subd. 8 of the code of ordinances of the city of Medina is
amended by adding the underlined language and deleting the :.tricken language as follows:
Section 826.26.4. (SR) Conditional Uses. Within the Suburban Residential district, no structure or
land shall be used for the following uses except by conditional use permit:
Subd. 8. Windmills or wind energy conservation systems. RESERVED
SECTION II. Section 826.98, Subd. 2(e) of the code of ordinances of the city of Medina is
amended by adding the underlined language and deleting the stricken language as follows:
Section 826.98. Conditional Use Permit Standards for Agricultural Preservation and
Residential Districts.
Subd. 2. Specific Standards. In addition to the general standards specified in section 825.39
of this ordinance, no conditional use permit shall be granted unless the city council
determines that all of the specific standards contained in this subdivision will be met:
(e) private use of windmills or Wind Energy Conversion Systems (WECS): windmills and
WECS shall he regulated as per Section 828.XX of the Medina code of ordinances.
(i) minimum se hack from the nearest property line 150 feet or a distance equal to the
hei ght ofthe tov er pl .s e half the diameter ofthe rotor, whichever is greater;
(ii) eei ified e ofessional engineer as being f a design adequate for the
atmospheric conditions of the Twin Cities;
(4) ed . -i41, . ed „ ,-.filar a ..4rols designed top ..t di,' h ti f
the rotor in high winds;
1
(iv) compliance with all building and electrical code requirements of the city, the noise
regulations of the Minnesota pollution control agency and the rules and regulations
of the federal communications commission and federal aviation administration; and
(v) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential character of
the neighborhood.
SECTION III. New Code Section 828.XX is added as follows:
Section 828.XX Wind Energy Conversion Systems (WECS)
Subd. 1. Purpose. The purpose of this ordinance is to establish standards and procedures for
Wind Energy Conversion Systems (WECS) through a conditional use permit in order to
harness clean, renewable wind energy while at the same time protecting_ ublic health safet
and welfare.
Subd. 2. Definitions. The following words and terms. wherever they appear within this
ordinance, are defined as follows:
(1) WECS height — the distance measured from the rade of the WECS to the hi_hest oint
of the rotor blade. For WECS which are attached to a structure the height shall be
measured from the lowest grade of the structure on which the WECS is attached.
Subd. 3. Location Requirements. The following shall apply to all WECS:
(a) Minimum lot size: Two' acres. Notwithstanding this requirement. a WECS greater than
50 feet in height shall only be permitted if a lot is 10 acres in size or ,reater and a WECS
greater than 120 feet in height shall only be permitted if a lot is 30 acres in size or
greater.
(b) Maximum WECS density: 1 per lot
(c) Setback from all property lines and/or public right-of-ways: 300 feet or 1.25 times the
height of the WECS, whichever is greater.
(d) Setback from all structures: A distance equal to the height of the WECS. This provision
shall not apply to structures related to the operation of the WECS, nor if the WECS is
attached to a structure.
(e) No WECS shall be allowed within the Shoreland Overlay District or a floodplain.
(i) No portion of the WECS, including the full arc area created by the blades, shall extend
over above- round ower lines or into any drainaoe and utility easement.
(g) For pole -mounted WECS, the full arc area created by the blades shall have 30 feet of
clearance from any accessory structure or tree.
Subd. 4. WECS Standards. The following shall apply to all WECS:
(a) Maximum WECS height:
Comment [dfl]: Could set a maximum allowed
capacity (5 megawatts,
Comment [df2]: Or 5 acres
{ Comment [df3]: Or 1.1
Comment [df4]: Or 300 feet, whichever is
greater
Comment [DF5]: Option: Maximum height even
for large lots. Option: Maximum rotor diameter?
Option: differentiate between residential and
commercial property for larger turbines
(1) WECS on property less than 10 acres in size: A WECS located on a property less
than 10 acres in size shall not exceed 50 feet in height.
(2) WECS on property less than 30 acres in size: A WECS located on a property less
than 30 acres in size shall not exceed 120 feet in height.
(b) Tower Design: WECS shall be constructed in a monopole design and shall be self-
supporting without the use of guy wires or similar features.
(c) Tower Appearance: the following provisions shall apply to WECS unless otherwise
required by FAA regulations:
(1) Towers shall he unobtrusive in color such as pale gray or white or a color consistent
with the surrounding area.
(2) Towers shall he non -reflective and/or galvanized finish to reduce visual impact.
(d) Tower Access: WECS shall be designed to prevent climbing from within 12 feet of the
ground.
(e) Controls and Brakes: WECS shall be equipped with both a manual braking device as
well as an automatic device capable of stopping the WECS operation in winds in excess
of40 MPH.
(f) Lighting: No lighting, reflectors. flashers, or other illumination shall be affixed to the
WECS except as required by FAA regulations. All other on -site lighting shall he
consistent with the Medina Lighting Ordinance.
(g) All power lines and wires serving the WECS shall he buried.
(h) Electromagnetic Interference: WECS shall he filtered, shielded, or otherwise designed
and constructed so as not to cause communication signal interference. The applicant
shall notify all communication tower operators within two miles of the proposed WECS
location prior to application to the City for conditional use permit approval. The City
may require a study of the signal prior to construction in order to provide a baseline.
(i) WECS foundations shall he designed to resist two times the wind uplift calculated
pursuant to the Uniform Building Code.
(j) Noise: The WECS shall he designed and located in such a way that no more than 35
dB(A) of noise is apparent at the property line. Notwithstanding the above. the apparent
noise from the WECS may exceed 35 dB(A) at a property line if the applicant can
demonstrate that the amount of noise when the WECS is operating will not exceed the
average nighttime ambient noise by more than 6 dB(A).
(k) Manufacturer Warranty: The applicant shall provide documentation from the
manufacturer that the WECS equipment proposed has been successfully operated in
atmospheric conditions similar to those within the City. The WECS shall be warranted
a°ainst any system failures reasonably expected in severe weather conditions.
(I) Certification:
(I) Equipment shall be certified by the manufacturer that it is in conformance to
applicable industry standards for wind turbine design and standards adopted by the
American Standards Institute (ANSI).
(2) An engineer registered with the State of Minnesota shall certify that the design
construction and operation of the tower and foundation are compatible with and
appropriate for the turbine to be installed given the soil and climate conditions of
the proposed location.
3
(m)Compliance with Codes: all WECS equipment shall be certified by relevant
professionals that it is in compliance with all applicable local. state. and federal
regulatory standards,includine but not limited to:
(1) The relevant standards of the City Code:
(2) Uniform Building Code as adopted by the State of Minnesota.
(3) The National Electrical Code as adopted by the State of Minnesota:
(4) The National Electric Safety Code.
(5) Federal Aviation Administration and Minnesota Department of Transportation
requirements; and
(6) Minnesota Pollution Control Agency and Environmental Protection Anencv
regulations.
Subd. 5. Additional Submittal Requirements. In addition to the information required
elsewhere in the City Code, applications for WECS shall include the following information:
(I) A copy of the review response from the FAA concerning the development application
and FAA requirements for warning devices. height restrictions. etc.
(2) Technical specifications of the WECS including, but not limited to: type, height. blade
length. operating parameters. anticipated noise level at property lines. lightening
protection. manufacturer's certification as required by this sectionand en°ineer's
certification as required by this section.
(3) A shadow flicker report summarizing the amount of time which shadow flicker will
impact neighboring property.
(4) A Decommissioning Plan as required by this section shall be submitted for review and
approval of the City.
Subd. 6. Decommissioning. AWECS shall be considered a discontinued use after six months
without energy production. A discontinued WECS must be dismantled and removed, at the
property owner's expense, within 90 days of discontinuation. The decommissioning plan
shall be reviewed and approved by the City to ensure the safe. rapid, and complete removal
of the WECS. The ,lan shall identify the financial resources which will be available to pay
for the implementation of the decommissioning elan A discontinued WECS which is not
dismantled and removed within 180 days shall be considered a ublic nuisance sub'Let
abatement as described in the City Code and Minnesota law.
Subd. 7. Record Keeping. The party responsible for operating the WECS consistent with the
conditional use permit and other relevant operating standards shall measure the energy
produced by the WECS and be prepared to report the production upon request of the City. If
records of energy production are not provided when requested. the WECS shall he
considered to not be producing energy and subject to the requirement of being
decommissioned.
Subd. 8. Inspection. The City reserves the right. upon issuance of a conditional use permit. to
inspect the premises on which the WECS is located for compliance with this ordinance, the
conditions set forth on the conditional use permit. and other relevant requirements. If a
WECS is not maintained in operational condition or poses a potential safety hazard. the
4
owner shall be required to take expeditious action to correct the situation upon written notice
from the City.
Subd 9. Enforcement. Operation of a WECS in violation of the requirements of this ordinance.
of the terms of the conditional use permit, or of other relevant requirements shall he a
violation of this ordinance and subject to prosecution. Additionally, such operation shall
constitute a public nuisance, subject to abatement as described in the City Code and
Minnesota law.
SECTION IV. Section 832.1.03 (11) of the code of ordinances for the City of Medina shall be
added by adding the underlined material as follows:
Section 832.1.03. (BP) Conditional Uses. Within the Business Park District, no structure or
land shall be used for the following uses except by conditional use permit, the specific
requirements established in Section 832.3.09, and other applicable provisions of the city code:
(11) Wind Enercy° Conversion Systems (WECS)
SECTION V. Section 832.2.03 (18) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 832.2.03. (B) Conditional Uses. The following shall be permitted uses within the B
district, subject to conditional use permit approval, the specific requirements established in
Section 832.3.09, and other applicable provisions of the city code:
(18) Wind E.nerev Conversion Systems (WECS)
SECTION VI. Section 832.3.09, Subd. 25 of the code of ordinances of the City of Medina shall
be added by adding the underlined material as follows:
Section 832.3.09. Supplemental Requirements for Specific Uses within the Business Park and
Business Districts.
Subd. 25. Wind Energy Conversion Systems (WECS) - shall meet the requirements set
girth is Section 828.## of this code.
SECTION VII. Section 833.03 (17) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 833.03. Conditional Uses. Within the Industrial Park District, no structure or land shall
be used for the following uses except by conditional use permit.
5
(17 Wind Energy Conversion Systems (WECS.
SECTION VIII. Section 833.07 Subd. 3 (q) of the code of ordinances of the City of Medina
shall be added by adding the underlined material as follows:
Section 833.07. Design and Development Standards. Design and development standards are
established for this district to achieve a high standard of development by providing assurance
that land uses, buildings, and functions are compatible within the district and with adjacent
districts. The plans and the proposed use of a property shall conform to the design and
development standards prior to approval of any permit. The applicant or owner shall supply
plans and data necessary to demonstrate such conformance.
Subd. 3. Design and development standards — conditional uses: The following design
and development standards are identified for the uses listed below. Additional standards
may be identified during the review and approval process, due to the particular
characteristics of each site, the proposed development of the site, and the uses on adjacent
property.
(q) Wind Energy Conversion Systems (WECS) - shall meet the requirements set forth
is Section 828.## of this code.
SECTION IX. Section 838.1.03(11) of the code of ordinances of the City of Medina shall be
amended by adding the underlined material as follows:
Section 838.1.03. (CH) Conditional Uses. The following shall be permitted within the CH
district, subject to conditional use permit approval, the specific requirements established in
Section 838.5.08, and other applicable provisions of the city code:
(1 I) Wind Inerev Conversion Systems WECS
SECTION X. Section 838.2.03 (11) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 838.2.03. (CH -RR) Conditional Uses. The following shall be permitted within the CH -
RR district, subject to conditional use permit approval, the specific requirements established in
Section 838.5.08, and other applicable provisions of the city code:
al Wind Energy Conversion Systems (WECS)
SECTION XI. Section 838.3.03 (10) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
6
Section 838.3.03. (CG) Conditional Uses. The following shall be permitted uses within the CG
district, subject to conditional use permit approval, the specific requirements established in
Section 838.5.08, and other applicable provisions of the city code:
(10) Wind Enemy Conversion Systems (WECS)
SECTION XII. Section 838.5.08, Subd. 20 of the code of ordinances of the City of Medina shall
be added by adding the underlined material as follows:
Section 838.5.08. Supplemental Requirements for Specific Uses within Commercial Zoning
Districts. In addition to the general standards specified for conditional uses in section 825.39 of
the City Code and other requirements of this ordinance, the following uses shall not be permitted
unless the city council determines that all of the specific standards contained in this subdivision
will be met:
Subd. 20. Wind Energy Conversion Systems (WECS) - shall meet the requirements set
forth is Section 828.## of this code.
SECTION XIII. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this _ day of , 2012.
T.M. Crosby, Jr., Mayor
Attest:
Scott T. Johnson, City Administrator -Clerk
Published in the South Crow River on the _ day of . 2012.
7
Districts All owed
Minimum Lot
Size
Maximum
Height
Setbacks
Maximum R ot or
Density
P ole
Maple Grove
Residential (under 2 acres)
None
Height
Attached to building only
Residential (2-20 acres)
2 acres
100 feet
Height
Monop ole
Residential (20+ acres)
20 acres
None
Height plus 0 .5 foot per foot over 100
Monopole
Nonresidential
None
Height plus 0.5 foot per f oot over 100
No limit on roof -mounted;
Monopole
Plymouth
Rural, Public/Institutional
300 feet or height, whichever is greater .
Measured from property lines and structures
on the same parcel
1 per lot
Monopole
Chanhassen
Agricultural, Commercial, Indust
2.5 acres
175 feet
Height
26 feet
Shakopee
Non-commercial (<40 kw)
All districts
60 feet
1.1 x height + 10 feet (building mounted = 10
feet)
1 per lot
Mon opole
Commercial (>40 kw)
All districts
175 feet
1 .1 x height + 10 feet (1.25 x height fr om
neighboring structures
1 per lot
Monopole
Anoka
All districts (>40 kw only)
150 feet
1.1 x height + 10 feet (1.25x height from
neighboring structures)
Monopole
Minnetrista
Public/Institutional
10 acres
150 feet
Height + 50 feet
1 per lot
Monopole or lattice
Orono
NO WECS ALLOWED
Corcoarn
NO WECS ALLOWED
Independence
Agricultural
No standards
AGENDA ITEM :
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: August 10, 2012
MEETING: August 13, 2012 Planning Commission
SUBJ: Ordinance Amendment: Sign Ordinance and Lighting Ordinance
Background
Over the past few years, the City has created a number of new zoning districts consistent with the
updated Comp Plan. The City's sign ordinance establishes regulations for signage based on
zoning district. As a result, it is necessary to make changes to the sign ordinance in order to
regulate signs in the new district. The Planning Commission and City Council have discussed
this issue and series of broad policy questions.
The original intent was to make a few technical changes to the ordinance in order to address the
new zoning districts, and also to discuss the matter of "off -premise signage" in relation to a
property owner's request to be able to advertise for their multi -tenant retail building on the sign
of an adjoining property. As the ordinance was being discussed, the scope of the ordinance
expanded and it ended up being a fairly comprehensive review and amendment of the entire
ordinance.
The Planning Commission reviewed the matter at their October, December, and February
meeting and recommended adoption of the ordinance. The City Council reviewed at the March 6
meeting and directed staff to conduct more research on LED "light bands" which are being
installed on businesses around signs and along building facades, and also requested additional
information related to shared off -premise signage.
Off -Premise Signage
The draft ordinance removes the prohibition against off -premise signage. This would permit a
property owner to allow signage from a business on another property on their signs. This change
was in response to a property owner on County Road 29 looking for options to locate signage
along the frontage of Highway 12. The property owner has expressed concern that the draft
ordinance does not allow "extra" signage on the neighboring property and that this may reduce
the likelihood of the neighbor allowing the signage of others on their property (instead, they may
increase the size of their own signs).
The City Council requested options which could address the property owner's concerns. The
attached draft ordinance does not include these provisions, but if the City is interested in
providing extra signage on a property in order to accommodate signs from another property, staff
would suggest the following possible limitations:
• Maximum additional signage — staff would not recommend more than 25% additional
signage. The maximum area of a freestanding sign in the draft ordinance is proposed as
Ordinance Amendment Page 1 of 3 August 13, 2012
Sign and Lighting Ordinances Planning Commission Meeting
80 square feet, which means 25% additional signage would be an additional 20 square
feet
• Transferring Sign Area — Staff NAould recommend that any additional signage allowed on
one property should be decreased from the property where the business is located. In
fact, if the City is interested, the ordinance could require a reduction in the overall
signage as a result of transferring to the other property. For example, the ordinance could
require the maximum size of a freestanding sign on the benefitted property to be reduced
by 2x the area of the sign added to the other property.
• Documentation — staff recommends that if additional signage is granted in the way being
described, a legal document should be recorded against the property that describes the
limitations (must be used for the benefit of another property, etc.).
Regulations related to "Electronic Message Centers" and Dynamic Signs
The Planning Commission discussed Electronic Message Centers quite a bit during their earlier
review of the ordinance. The City Council directed staff to implement additional limitations
which were discussed by the Commission (maximum height, requirements for minimum street
frontage) and discussed the matter of brightness. Staff made a few changes which can be found
on pages 21-23.
The brightness of Dynamic signs is regulated in two ways:
• Limited to 0.3 Footcandles above ambient light — Dynamic displays are required to
include an ambient light sensor and an automatic dimmer. Staff updated the 0.3 FC
limitation with regards to the distance at which the reading is measured.
• Limited to 300 nits at night and 5000 nits in the day — Nits are a measure of light output.
Staff has conducted research on this matter and found the communities limit nighttime
output to 250-500 nits. Most cities in Minnesota use the 500 nits standard, but staffs
research has suggested that this could be quite bright. Additional brightness during the
day is necessary in order for the signs to be legible in the sunlight. Most cities in
Minnesota allow up to 5000 Nits in the daytime, although it should be noted that the City
of Pittsburgh, PA conducted a study in which they recommended daytime brightness no
greater than 2000 nits.
Lighting Regulations
Concerns have been raised related to LED "light bands" being installed along signs in the City.
The City Council directed staff to look more into this matter. Because LED technology is
emerging very quickly, information was very hard to come by, and that which was available was
very technical in nature. The City consulted with a lighting engineer for additional information.
The engineer could provide no guidance on regulations related to the brightness of these lights.
It appears that larger communities (Pittsburgh, PA and Arlington County, VA) have spent
significant resources to study the subject. Portions of Arlington County's research is attached for
reference. The literature review notes were especially helpful.
Existing regulations limit unshielded light to 2000 lumens. Staffs research has shown that most
LED light sources should be rated in such a way which makes approximating lumens possible,
based on the amount of energy being put into the LEDs. Staff intends to enforce existing
Ordinance Amendment Page 2 of 3 August 13, 2012
Sign and Lighting Ordinances Planning Commission Meeting
regulations, and if a property owner cannot provide data to calculate approximate lumens, the
lights will violate the lighting ordinance.
Attachments
1. DRAFT Ordinance amending Chaper 8 of the City Code related to Signs and Lighting
2. Research from Arlington County, Virginia
Ordinance Amendment Page 3 of 3 August 13, 2012
Sign and Lighting Ordinances Planning Commission Meeting
CITY OF MEDINA
ORDINANCE NO. ###
An Ordinance Amending Chapter 8 of the Code of Ordinances
Regarding Signs and Exterior Lighting
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. It is not the intent of this ordinance to regulate signage on the
basis of content.
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 (903 days; or a sign which is damaged, in disrepair, or
vandalized and not repaired within ninety (904days.
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 () 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. 3.1. "Clear Vision Triangle" is the area to be left clear of signs and other
obstructions so as not to interfere with sightlines at intersections. The Clear Vision
Triangle is created by measuring 50 linear feet along the edge of each street or access
drive as depicted below.
•
Ordinance No. ### 1
DATE
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, such
as the shipping/receiving area, and is intended to be viewed from the right-of-way. The
Directional Sign shall be less than four f4} 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
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. 5.1. "Event Sign" is a Sign posted on a temporary basis meant to inform the public
of or guide the public to short term events such as garage/rummage sales or real estate
open houses.
Subd. 5.2. "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 ( square feet.
Subd. 8.1. "Internal Site Sign" is a sign which is not intended to be viewed from
neighboring property or the right-of-way and which does not exceed two square feet.
This include signs which guide internal site navigation and which identify handicap
parking areas, fire lanes, upland buffer zones, and similar site features.
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.
Ordinance No. ### 2
DATE
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 a canopy, awning, or porch
shall not be considered a Roof Sign if the top of such sign does not exceed the height of
the adjacent wall of the structure to which the canoav, 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.
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.
A Si \A -E.,. NA
l; i477+,
PPIPIPit
I)
Sign Area = A x B
Sign Surface Area = C x D
Ordinance No. ###
DATE
3
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. 17.1. "Temporary Sign, Attached" is a Temporary Sign which is either attached to
a building or is located within the dimensional extent of an existing Freestanding Sign as
displayed below:
} FOR. LEASE
SHOPPING
CEMTEg.
dit Sitknf:(i tsznliajlSit .ode
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 net or painted on the interior or
exterior of a window or glass door or otherwise displayed inside a building within three
(4 feet back from the building's window or glass door with its message intended to be
visible from rights -of -way or neighboring properties to and readable by the public.
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; ce sExemptions; &�} e#ibitio s Prohibited Signs.
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:
Ordinance No. ### 4
DATE
(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 (103 square feet in area. No single
property shall fly more than three (-3 flags at one time. Flagpoles shall not
exceed forty (10) feet in height. If the total area of the flags exceeds ;cvcnty two
723 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 (203 square feet in area; and
(g)
Internal Site Signs Handicapped parking Signs.;
(h) Window Signs;
(i) Attached Temporary Signs posted consistent with Section 815.07 Subd. 3 below;
(j) Event Signs posted consistent with Section 815.07 Subd. 4 below: and
(k) Noncommercial speech signs exempted by Minnesota Statute 211B.045.
Subd. 3. Prohibited Signs. The following signs are prohibited in all zoning districts.
(a) Abandoned Signs;
(b) Billboards;
(c) Roof Signs;
(d) Off premises SignsMvlar 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.
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;
Ordinance No. ### 5
DATE
shall be set back ten {-f8) feet from the right-of-way; and shall be removed upon
completion of the construction site improvements and release of the financial guarantee.
No permit shall be required for these signs if posted consistent with the requirements of
this section.
Subd. 2. Temporary Signs and Portable Signs.
(aj Duration of permits. No Sign permit shall be issued by the city for a Temporary or
Portable Sign for a duration of more than twenty one (21) 14 days at one time, Of
till Permits per year. Sign permits for a Temporary or Portable Sign shall not be issued
for more than three (3) six twenty one day periods in any calendar year. Permit
periods may run consecutively without interruption if approved by the city.
Number of signs per lot. Only one 0-) Temporary or Portable Sign shall be allowed
on a property at one time. In cases of properties with multiple tenants, one (l-)
Temporary Sign per tenant shall be allowed at one time. but only one Portable Sian
shall be allowed on a property at one time.
d Maximum size. Temporary and Portable Signs shall not exceed 32 square feet in
Sign Area.
Lej Setbacks. Temporary and Portable Signs shall be set back a minimum of 10 feet
from all property lines and shall not be located within a Clear Vision Triangle of an
intersection.
fl Illumination. Portable Signs may be illuminated, provided Freestanding Signs are
permitted to be illuminated in the zoning district in which the Portable Sign is
located and 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 are prohibited.
Inflatable Signs shall be considered Temporary Signs, shall not exceed the height of
the structure on the property, and shall be securely tethered and attached to the
ground or building.
al 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 (11) days at one time and no more than one time per
quarter of a calendar year.
Subd. 3, Attached Temporary Signs
(a) No permit required. Attached Temporary Signs posted consistent with this section
shall not require a sign permit.
(b) Duration of posting. Attached Temporary Signs shall only be posted during the
timeframe when the message is pertinent.
(c) Maximum size. No Attached Temporary Sign shall exceed 32 square feet in Sign
Area.
(d) Location. Attached Temporary Signs shall be attached to a building or within the
dimensional extent of an existing= Freestanding sign on the property as described in
Subd. 17.1 of Section 815.03 above.
Subd. 4. Event Signs.
Ordinance No. ### 6
DATE
(a) No permit required. Event Signs posted consistent with this section may be posted
without obtaining a sign permit.
(b) Duration of posting. Event Signs shall not be posted more than two days prior to an
event and shall be removed no more than one day following an event, but in no case
shall an Event Sign be posted for more than five days.
(c) Location. Event Signs may be posted within the right-of-way, but shall not be
located in a way which may interfere with traffic visibility or pedestrian circulation.
(d) Maximum size. Event Signs shall not exceed four square feet in Sign Area.
(e) Maximum height. Event Signs shall not exceed three feet in heir
(f) Required Information. The Event Sign shall state the dav(s) of the event and also the
location of the event.
(g) Limit of one sign per intersection. No more than one Event Sign per event shall be
posted at a single intersection and no Event Sign shall be identical to another at a
single intersection.
(h) Responsibility for removal. The person posting the Event Sign shall ensure it is
removed within the timeframe described by this section. An Event Sign which
violates any provision of this ordinance may be removed and disposed of at any time
and without notice
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 in Sign Area and 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. 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 slha-Il may 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
Ordinance No. ### 7
DATE
(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.
C t' 41 C 11 Urb.,.. .,.,d Rural Co..,mercialDistr. t Sign
Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the
following Signs are permitted in Urban and Rural CommercialDistricts. A Sign permit is
required for each Sign. All Signs in Urban and Rural Commercial Districts shall be
Subd. 2. Maximum Sign Area. The Signs on an Urban and Rural Commercial District
Signs shat► .,ot eed the feilew g t„tal Sign Area:
Lot Size (Acres) Maximum Total Sign Ara
1 Acre 100 Square Feet
1 .1 5 Acres 150 Square Feet
5.1 20 Acres 200 Square Feet
sides or provide customer access from opposite sides. Buildings on typical corner lots or
which admit customers on two adjacent sip ' ^t ^ al ' additional bsent
additional unique site characteristics. Four sided architecture melns architecture of the
quality generally associated with the' front facade being used ^n "" sides of a '"'r`''ing.
Additional signage under this provision is allowable only upon submis-lion of a master
signage plan for th i* a ► t►, it, ,a b^ stalled ►y as to be
facing the other street front.
Subd. 3. Permitted Signs. The following additional types + Signs a e n+itte 1 in Urban
and Rural Commercial 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 I ast 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.
Ordinance No. ### 8
DATE
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(f) Wall Signs. No Wall Sign shall exceed sixty four (61) square feet in total Sign
Area. The Wall Sign shall be centered on the wall to which it is attached; 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 815.11. Commercial Highway (CH), Commercial Highway -Railroad (CH -RR), and
Business (B) District Signs.
Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07. the
following Signs are permitted in Commercial Highway (CH), Commercial Highway -
Railroad (CH -RR). and Business (B) Districts. 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.
(a) Freestanding Signs.
(1) Maximum number. One freestanding sign is permitted per lot, except a second
sign shall be permitted if the lot has frontage on more than one street. The
second freestanding sign may not be located along the same street frontage as
the first freestanding sign.
(2) Maximum size. No freestanding sign shall exceed 80 square feet of Sign Area.
(3 Maximum height No freestanding sign shall exceed 20 feet in height.
(4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all
property lines and shall not encroach within a Clear Vision Triangle of an
intersection.
(5) Landscaping. The Freestanding 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 Sign base.
(b) Wall Signs.
(1) Maximum size. The maximum total Sign Area of Wall Signs shall be based
upon the area of the wall on which they are attached as described in the table
below. Additionally, no individual Wall Sign shall exceed 200 square feet of
Sign Area. For the purposes of a multi -tenant building. the maximum Sign Area
for Wall Signs shall be based on the frontage of the space leased or owned.
Area of Wall
Maximum Total Sign Area on Wall
1000 sc uare feet or less
8% of the area of the wall
Greater than 1000 square feet and less
80 square feet + 4% of the area of the
than 5000 square feet
wall in excess of 1000 square feet
5000 square feet or greater
240 square feet + 2% of the area of the
wall in excess of 5000 square feet
(2) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches
from the surface of a building face. wall. or surface.
Ordinance No. ###
DATE
10
(c) Window Signs.
(1) Maximum number. Only one Window Sign shall be permitted per structure.
except for multi -tenant buildings where one Window Sign shall be permitted per
tenant space.
(2) Maximum size. The Window Sign shall be limited to 50 percent of the window
in which it is located.
(3) No permit required. No permit shall be required for a Window Sign. but such
Sign shall meet relevant requirements of this ordinance.
(d) Directional Signs.
(1) Directional Sins shall be onl ermitted for ro erties utilizing a drive-thru or
that have loading or staging areas.
(2) Maximum number. Two Directional Sins are •ermitted for each •ro•ert .
(3) Location. The Directional Signs shall be set back at least five (5) feet from the
curb or right-of-way.
Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary
requirements set forth in Section 829 of the city's ordinances.
Section 815.13.Commercial General (CG), Business Park and Industrial Park District
Sian
Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the
following Signs are permitted in Commercial General (CG) District. 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.
(a) Freestanding Signs.
(1) Maximum number. One freestanding sign is permitted per lot, except a second
sign shall be permitted if the lot has frontage on more than one street. The
second freestanding sign may not be located along the same street frontage as
the first freestanding sign.
(2) Maximum size. No freestanding sign shall exceed 64 square feet of Sign Area.
(3) Maximum height. No freestanding sign shall exceed 10 feet in height.
(4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all
property lines and shall not encroach within a Clear Vision Triangle of an
intersection.
(5) Limitation on internal illumination. Freestanding Signs shall not be internally
illuminated unless they are located along the frontage of a state highway.
External illumination shall conform with Section 829 of the City Code.
(6) Landscaping, The Freestanding 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 Sign base.
(b) Wall Signs.
1) Maximum size. The maximum total Sign Area of Wall Signs shall be based
upon the area of the wall on which they are attached as described in the table
Ordinance No. ### 11
DATE
below. Additionally, no individual Wall Sign shall exceed 200 square feet of
Sign Area. For the purposes of a multi -tenant building, the maximum Sign Area
for Wall Signs shall be based on the frontage of the space leased or owned.
Area of Wall
Maximum Total Sign Area on Wall
1000 square feet or less
8% of the area of the wall
Greater than 1000 square feet and less
80 square feet + 4% of the area of the
than 5000 square feet
wall in excess of 1000 square feet
5000 square feet or greater
240 square feet + 2% of the area of the
wall in excess of 5000 square feet
(2) Wall Signs limited to one wall per street frontage. Wall signs shall only be
located on one building wall, except lots with frontage on two or more streets
may have Wall Signs on one wall per street frontage.
(3) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches
from the surface of a building face, wall. or surface.
(c) Window Signs.
(1) Maximum number. Only one Window Sign shall be permitted along each
frontage of a structure, except for multi -tenant buildings where one Window
Sign shall be permitted per tenant space.
X21 Maximum size. The Window Sign shall be limited to 50 percent of the window
in which it is located.
(3) No permit required. No permit shall be required for a Window Sign, but such
Sign shall meet relevant requirements of this ordinance.
(d) Directional Signs.
(1) Directional Signs shall be only permitted for properties utilizing a drive-thru or
that have loading or staging areas.
(2) Maximum number. Two Directional Signs are permitted for each property.
(3) Location. The Directional Signs shall be set back at least five (5) feet from the
curb or right-of-way.
Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary
requirements set forth in Section 829 of the city's ordinances.Freestanding Signs shall not
be internally illuminated unless they are located along the frontage of a state highway.
Section 815,15.Commercial Neighborhood (CN) District Signs.
Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the
following Signs are permitted in Commercial Neighborhood (CN) District. 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.
(a) Freestanding Signs.
(1) Maximum number. One freestanding sign is permitted per lot, except a second
sign shall be permitted if the lot has frontage on more than one street.
(2) Maximum size. No freestanding sign shall exceed 40 square feet of Skm Area
Ordinance No. ### 12
DATE
(4)
(5)
(5)
Maximum heizht. No freestanding sign shall exceed 10 feet in heir
Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all
property lines and shall not encroach within a Clear Vision Triangle of an
intersection.
Limitation on internal illumination. Freestanding Signs shall not be internally
illuminated unless they are located along the frontage of a state highway.
External illumination shall conform with Section 829 of the City Code.
Landscaping. The Freestanding 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 Sign base.
(b) Wall Signs.
(1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight
percent of the area of the wall to which they are attached. For the purposes of a
multi -tenant building the maximum Sian Area for Wall Signs shall be based on
the frontage of the space leased or owned. Additionally. no individual Wall
Sign shall exceed 64 square feet of Sign Area.
(2) Wall Signs limited to one wall per street frontage. Wall signs shall only be
located on one building wall, except lots with frontage on two or more streets
may have Wall Signs on one wall per street frontage
(3) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches
from the surface of a building face, wall, or surface.
(c) Window Signs.
(1) Maximum number. Only one Window Sign shall be permitted along each
frontage of a structure, except for multi -tenant buildings where one Window
Sign shall be permitted per tenant space.
(2) Maximum size. The Window Sign shall be limited to 50 percent of the window
in which it is located.
(3) No permit required. No permit shall be required for a Window Sign, but such
Sign shall meet relevant requirements of this ordinance.
(d) Directional Signs.
(1) Directional Signs shall be only permitted for properties utilizing a drive-thru or
that have loading or staging areas.
(2) Maximum number. Two Directional Signs are permitted for each property.
(3) Location. The Directional Signs shall be set back at least five (5) feet from the
curb or right-of-way.
Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary
requirements set forth in Section 829 of the city's ordinances.Freestanding Signs shall not
be internally illuminated unless they are located along the frontage of a state highway.
Subd. Gene l Pro r s. In addit-ie-n to the Signs allowed in Section 815.07. the
Ordinance No. ### 13
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(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
of the Sign to the top of the Sign, with measurements gt least f ur (1) different
places around the Sign required. The M nument 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 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) nt + the o of the . „n which it is located or the e f et
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 815.16.Mixed Use 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 Highway zoning district.
Signs which are part of Residential development within the Mixed Use district shall meet the
requirements of Residential districts.
Section 8 c i � Uptown u.,mcl District Sign
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 Districtshall be integrated with the design
color, and placement and the requirements set forth in Section 831 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:
Ordinance No. ### 16
DATE
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Section 815.17. Uptown Hamel (UH-1 and UH-2) District Signs.
Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the
following Signs are permitted in Uptown Hamel -1 and Uptown Hamel -2 Districts. 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.
(a) Monument Signs.
(I) Maximum number. One Monument Sign is permitted per lot.
(2) Maximum size. No Monument Sign shall exceed 40 square feet of Sign Area.
(3) Maximum height. No Monument Sign shall exceed 10 feet in height.
(4) Setbacks. Monument Signs shall be set back a minimum of 10 feet from all
property lines and shall not encroach within a Clear Vision Triangle of an
intersection.
(5) Limitation on internal illumination. Monument Signs shall not be internally
illuminated unless they are located along the frontage of a state highway.
External illumination shall conform with Section 829 of the City Code.
(5) Landscaping, The Monument Sign shall be landscaped around the perimeter of
the base of the Sign. The landscaping shall cover at least two times the total
area of the Sign base.
(b) Wall Signs.
(1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight
percent of the area of the wall to which they are attached. For the purposes of a
multi -tenant building. the maximum Sign Area for Wall Signs shall be based on
the frontage of the space leased or owned. Additionally. no individual Wall
Sign shall exceed 64 square feet of Sign Area.
(2) Wall Signs limited to one wall per street frontage. Wall signs shall only be
located on one building wall, except lots with frontage on two or more streets
may have Wall Signs on one wall per street frontage
(3) Clearance: Projecting Signs prohibited. 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 feet. No Wall Sign
shall extend any more than 12 inches back from the surface of a building face,
wall or surface.
(c) Window Signs.
(1) Maximum number. Only one Window Sign shall be permitted along each
frontage of a structure. except for multi -tenant buildings where one Window
Sign shall be permitted per tenant space.
(2) Maximum size. The Window Sign shall be limited to 50 percent of the window
in which it is located.
(3) No permit required. No permit shall be required for a Window Sign. but such
Sign shall meet relevant requirements of this ordinance.
(d) Directional Signs.
(1) Directional Signs shall be only permitted for properties utilizing a drive-thru or
Ordinance No. ### 18
DATE
that have loading or staging areas.
(2) Maximum number. Two Directional Signs are permitted for each property.
(3) Location. The Directional Signs shall be set back at least five feet from the curb
or right-of-way.
(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 square feet in Sign Area.
(f) Porch Signs. No more than one 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 square feet in Sign Area shall be located on the
outside portion of the porch.
Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary
requirements set forth in Section 829 of the city's ordinances. Freestanding Signs shall
not be internally illuminated unless they are located along the frontage of a state
highway.
Section 815.19. Public Semi 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/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) Maximum Total Sign Area
< 1 Acre 50 Square Feet
1.1 5 Acres 75 Square Feet
5.1 20 Acres 100 Square Feet
Subd. a 2. Permitted Signs. The following additional types of Signs are permitted in
Public Semi 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 (1) different
places around the Sign required. The Monument Sign shall be landscaped around
times the total area of the Monument Sign base. ^ Monumen-t—SFg., e set
back at least twenty (20) feet from all lot lines of the property, with the exception
Ordinance No. ### 19
DATE
that the Monument Sign may be set back only ten (10) feet from the front lot line
f the property if it is located at least twenty five feet from the side lot lines;
(a) Monument Signs.
(5)
(5)
Maximum number. One Monument Sign is permitted per lot.
Maximum size. No Monument Sign shall exceed 50 square feet of Sign Area.
Maximum height. No Monument Sign shall exceed 10 feet in height.
Setbacks. Monument Signs shall be set back a minimum of 10 feet from all
property lines and shall not encroach within a Clear Vision Triangle of an
intersection.
Limitation on internal illumination. Monument Signs shall not be internally
illuminated unless they are located along the frontage of a state highway.
External illumination shall conform with Section 829 of the City Code.
Landscaping, 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 Sign base.
( 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.
(b) Wall Sign. No wall sign shall exceed thirty two (32) e f et iF total Sign n re^
TThe si-g•-rrshall be centered on-the-walrcnr -ie-h rt-is-attached; and
(c) Wall Signs.
(1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight
percent of the area of the wall to which they are attached. For the purposes of a
multi -tenant building. the maximum Sign Area for Wall Signs shall be based on
the frontage of the space leased or owned. Additionally, no individual Wall
Sign shall exceed 64 square feet of Sign Area.
(2) Wall Signs limited to one wall per street frontage. Wall signs shall only be
located on one building wall, except lots with frontage on two or more streets
may have Wall Signs on one wall per street frontage.
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
Ordinance No. ### 20
DATE
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, except as explicitly permitted herein. 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.
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. No Dynamic
Display shall be permitted on a parcel with less than 400 feet of frontage upon a
public right-of-way. For the purpose of this requirement. the aggregate of all
frontages shall be calculated. including frontages on which the Dynamic Display
is not located. 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
Ordinance No. ### 21
DATE
(b) No more than one contiguous Dynamic Display shall be located upon a single parcel.
except as described in clause (e) below. A two-sided Dynamic Display shall be
considered a single Dynamic Display for the purposes of this section.
(c) No Dynamic Display may exceed 32 square feet in area on a single Sign face and
shall not occupy more than 50 percent of the actual copy and graphic area of the
Sign face.
(d) No portion of the Dynamic Display shall be located more than 10 feet from the
ground, except as described in clause (e) below
) Notwithstanding the limitations in clause (b). (c). and (d), an additional alpha-
numeric. monochrome Dynamic Display element may be included on a Sign face
provided that it can display no more than four characters and is no more than 16
square feet in area. This Dynamic Display element may be located higher than 10
feet above the ground.
A Dynamic Display must not change or move more often than once every five (5)
minutes 60 seconds, 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 inf rmation 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;
(4)j 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;
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 3.5 to 4 miles per hour
twelve (12) inches if the r ad has a speed limit of 15 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;
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
Ordinance No. ### 22
DATE
must immediately stop the Dynamic Display when notified by the city that it is
not complying with the standards of this ordinance;
fg`) Dynamic Displays must comply with the brightness standards contained in this
ordinance Dynamic Display Brightness Standards.
(1) The illumination from a Dynamic Sign shall not exceed 0.3
footcandles above the ambient light level when measured at the
closest of the following points: i) a distance equal to
:\/ Area of Sign Sq. Ft. x 100
; or ii) the property line parallel with the
sign face. The Dynamic Display shall be equipped so that it can be
extinguished immediately at any time during operation upon the
request of the City to measure ambient light levels in order to
verify compliance.
(2) In no case shall the luminance from a Dynamic Display exceed 300
NITS between sunset and sunrise and 5,000 NITS between sunrise
and sunset.
(3) All signs with Dynamic Displays shall be equipped with an ambient
light sensor and an automatic dimmer control that automatically
controls the brightness to comply with these requirements.
(4) In addition to these requirements, all lighting on the property shall
abide by maximum illumination requirements at property line as
described in Section 829. However, Dynamic Displays which
meet the standards of this section shall be exempt from the light
output and shielding requirements of Section 829; and
(h (I)
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 J 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 shall meet the applicable luminary
requirements set forth in Section 829 of the city's ordinances, unless otherwise
exempted by this section.
(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
Ordinance No. ### 23
DATE
conditions. These Signs must al -se 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.T . To Si s►all bed ea that P
either partially or completely, any door, window or opening required for ventilation.
They shall be repaired or removed as soon as they are damaged or torn.
mi-�c�r-err--vrrrer'I�:rc-�rrrE'fre�e-��cir-t'�3„ �e-S-E�'�h'o' �6rt�Tr—�cicrr y
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.
(--b--) 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;
Ordinance No. ### 24
DATE
(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�r€ y
f50j 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;
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 Official 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 ordinance 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 Official shall inspect
the property for which a Sign permit is issued on or before six ( months from the date
Ordinance No. ### 25
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 (304 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.
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. Signs posted within the right-of-
way or on public property which violate any provision of this ordinance may be removed
and disposed of at any time and without 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 (303 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 writ of certiorari.
Ordinance No. ### 26
DATE
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 regulated by
relevant City Code and statutory provisions regarding, nonconformities. considered a legal
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 desicn.
S> bd. 1. Nothing this ordinance shall e ent tho et. fe nditi „f.
structure that has been declared unsafe by the Building Inspector.
with the provisions of this ordinance.
feplaeed,-ef-Fetyu-i-It-i-f-i-t-i-s-datilaged 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
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
determination, the Building Inspector shall consider the market- ;ae-of the entire Sig ,--at
the time prior to the destruction and the replacement value of the existing Sign. In the
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.
Sign or to a more restrictive Nonconforming Sign.
Section 815.31 Variances. Variances from the provisions of this ordinance shall be reviewed
b ty he provisions of the City Code related to zoning variances Upon application by the property
the requirements of this ordinance in instances where the applicant for a variance has
demonstrated that all ef'the fo11 standa.,1s h h t•
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
lyed ., hardship to the ., plicant . uld ult if'the strict I tt f'th
ordinance was carried out;
Ordinance No. ### 27
DATE
(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;
to other property or improvements in the area in which the property is located;
and
by this ordinance.
may impose conditions and restrictions consistent with the spirit and intent of this
ordinance or any other applicable ordinance. '" a" instances the applicant shallbe
denied by the city council in writing accompanied by specific findings of fact as to the
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: Medina Code Section 829.03 is amended by adding the underlined material and as
follows:
Section 829.03. Applicability.
Subd. 1. New Uses, Buildings and Major Additions or Modifications on Non -Residential
Property. For all proposed new land uses, developments, buildings, and structures on non-
residential property that require a permit, all outdoor lighting fixtures shall meet the
requirements of this ordinance. All building additions of 25 percent or more in terms of
additional dwelling units, gross floor area, or parking spaces, either with a single addition or
Ordinance No. ### 28
DATE
with cumulative additions subsequent to the effective date of this ordinance, shall invoke the
requirements of this ordinance for the entire property, including previously installed and any
new outdoor lighting. Cumulative modification or replacement of outdoor lighting
constituting 25 percent or more of the lighted area for the parcel, no matter the actual amount
of lighting already on a non -conforming site, shall constitute a major addition for purposes of
this section.
Subd. 2. Minor Additions on Non -Residential Property. Additions or modifications to
existing land uses, developments, buildings and structures on non-residential property of less
than 25 percent that require a permit shall require the submission of a complete inventory and
site plan detailing all existing and proposed new outdoor lighting. New lighting on the site
shall meet the requirements of this ordinance with regard to shielding and lamp type.
Subd. 3. Time For Compliance. Notwithstanding anything herein to the contrary, all land uses,
developments, buildings and structures on non-residential properties must be brought into
compliance with this ordinance within two years of its effective date if adjacent to residential
property or within five years in all other cases.
Subd. 4. Resumption After Abandonment of Use. If a property or use with non -conforming
lighting is abandoned as defined in Section 829.02, subd.31, all outdoor lighting shall be
reviewed and brought into compliance with this ordinance before the use is resumed.
Subd. 5. Roadways. Lighting for public or private roadways shall meet the requirements of this
ordinance with regard to shielding and lamp type.
Subd. 6. Sign Lighting. Notwithstanding anything herein to the contrary, the regulations of
Section 829.05 related to Sign Lighting shall apply to all residential and Non -Residential
Property in the City.
SECTION III: Medina Code Section 829.05 is amended by adding the underlined material and
deleting the stricken material as follows:
Section 829.05. Lighting for Signs.
Subd. 1. External illumination for signs shall conform to all provisions of this ordinance. In
particular, such lighting shall be treated as Class 1 lighting and shall conform to the lamp
source, shielding restrictions and light levels of Section 829.04. All upward -directed sign
lighting is prohibited, unless shielding is provided to eliminate light trespass which extends
beyond the area of the sign in any direction.
Subd. 2. Internally illuminated a n signs.
(a) Portions of a Sign which do not include a logo or message shall be Outdoor internally
illuminated signs must either be constructed with an opaque background and
translucent text and symbols, or, if lighted, shall be constructed with a colored (not
white, off-white, light gray, cream or yellow) background and generally lighter text
and symbols.
(b) Neon signs. Light Emitting Diode (LED) signs, and other similar devices shall be treated
as internally illuminated signs for the purposes of this ordinance and shall conform to
all provisions of this ordinance. In particular, such lighting shall be treated as Class 3
lighting, shall not exceed 2000 Lumens of Initial Light Output, and shall conform to
the light levels of Table 2.
Ordinance No. ### 29
DATE
(c) Other internally -illuminated panels or decorations not considered to be signs according
to the sign ordinance, such as illuminated canopy margins or building faces and
neon/LED banding, shall be considered Class 3 lighting, and shall be subject to the
standards applicable to such lighting, including but not limited to the lamp source,
shielding standards and light level requirements of Section 829.04.
Subd. 3. Curfews. Illumination for neon signs and; glass enclosed areas, externally and
internally illuminated business signs shall be turned off at 10 PM or when the business
closes, whichever is later. Illumination for neon signs and; glass enclosed areas, externally
and internally illuminated business signs shall not be turned on until 6 AM or when the
business opens, whichever is later. Signs subject to curfews are required to have functioning
and properly adjusted automatic shut-off timers. Light background (white, off-white, light
gray, cream or yellow) internally illuminated signs, installed legally before enactment of this
ordinance, shall be considered Type C non -conformities but may continue to be used and
illuminated so long as their use conforms to the curfews as indicated. Notwithstanding the
above, signs with light backgrounds must be brought into compliance with this ordinance
within the time periods specified in section 829.03, subd. 3 hereof.
Subd. 4. Internally illuminated Signs wi h colored backgrounds or light backgrounds are not
permitted in El Lighting Zones.
SECTION IV: 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 , 2012.
T.M. Crosby, Jr., Mayor
Ordinance No. ### 30
DATE
day of , 2012.
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Arlington County Sign Lighting Study
Precedence Research and Existing Installation Tour — Final Report REV1
12 April 2012
Prepared by: Matt Latchford, PE, IALD, MIES, LC, LEED AP BD+C
Introduction:
The following report is a compilation of the information that will be used to formulate a sign lighting
standard for Arlington County, Virginia.
Part 1 of this report reviews the methods and summarizes the findings of the tour around Arlington
County to review existing exterior sign installations. The data collected will be used in preparing the
draft sign lighting standard.
Part 2 of this report summarizes and reviews and some of the existing sign lighting ordinance
provisions, research, and position papers currently available. These precedents will be referenced
when preparing the new sign lighting ordinance for Arlington County.
Executive Summary:
Part 1
The survey was carried out on the evening of March 22"d, 2012. Matt Latchford and a group of four
Arlington County representatives toured several commercial and residential neighborhoods to sample a
variety of signs. Because human perception of brightness is relative and somewhat subjective, the
intensity of light and signage on various buildings was measured to establish a quantifiable scale.
The survey measurements (samples) were taken using a Konica Minolta LS -100 Luminance meter. The
meter, pictured below, left, is a camera -like device with a view finder, focus adjustment, and trigger.
Luminance measurements are taken by aiming the meter at an object, focusing, and pulling the
trigger. The viewfinder, pictured below, right, shows a 1 degree circular `target' the center, in which
the measurement is taken. The Luminance meter does account for the natural sensitivity of our eyes.
LS -100
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3 -Apr -12
Page 2 of 62
The metric, Luminance, is the amount of light leaving a surface (in this case, the sign) in a specific
direction, per unit area, expressed as candela per square meter (cd/m^2), an SI unit. Luminance is a
recognized, commonly used term in the lighting and sign industry. The sign industry may use the term
Nits as an alternate unit, where 1 cd/m^2 = 1 Nit.
Two factors affect what the meter reads: the Luminance of the light source in the viewfinder target
area and the total area of the viewfinder target that is taken up by the light source. Our eyes work in
much the same way. If we see an illuminated sign at a great distance, it may not appear that bright.
But, if we get closer to that sign, it takes up more of our field of view and 'appears' brighter, even
though the sign output hasn't changed. Since these two factors affect the reading, it is possible to get
two identical reading from the meter even if one sign puts out twice as much light as another or if one
sign is half the size. For example, if the viewfinder target area is completely filled by a lit surface
emitting X candela, and another sign that fills only half the viewfinder target area and emits 2X candela
in the same direction, the Luminance of each sign will be identical.
An additional note was taken during the survey regarding the relative brightness of the surrounding
environment for each sign, simply 'Light' or 'Dark'. Although this metric is also subjective and relative,
it was noted to provide some context in which each sign is being viewed in. This factor will not be
taken into account when determining Luminance limits for the standard.
Color also plays a role in how we perceive a sign. Our eyes are most sensitive to blue-green to yellow -
green wavelengths of light (the photopic, black, curve below). Signs that use those colors may be
more likely to be perceived as 'bright' than signs that use red, dark blue, purple. Fortunately, the
Luminance meter takes this into account.
1
0.9
0.8
0.7
0.6
0.5
0.4
0.3
0.2
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400
450
500
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Data Summary
A review of the tour data provided useful information. Some trends are more apparent than others but
we feel as though we can proceed with making recommendations for sign lighting standard limits. The
data is organized in different ways to inform the best format for the standards. Viewing angle,
distance to the sign, and the luminance of the sign are all important considerations that affect the
perceived brightness of a sign, in addition to the context that the sign is viewed in. We may
recommend incorporating them into the standard in the following way:
Residential Neighborhoods
Maximum Allowable Luminance (cd/mA2)
Low -Angle
(0-30 degrees)
High -Angle
(30-90 degrees)
Near (0-199 ft)
Far (200 ft +)
Mixed -Use Neighborhoods
Maximum Allowable Luminance (cd/m^2)
Low -Angle
(0-30 degrees)
High -Angle
(30-90 degrees)
Near (0-199 ft)
Far (200 ft +)
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Page 4 of 62
The following graphs show the distribution of the various samples, broken out by viewing angle
category, low and high, where:
Low -Angle: 0-30 degrees above horizontal (in your main field of view)
High -Angle: 30-90 degrees (well above your main field of view)
You'll note the following trends:
• Most low -angle signs were measured at < 199' away and had a luminance < 450 cd/m^2
• Most high -angle signs were measured at > 200' away and had a luminance < 100 cd/m^2
The low- or high -angle data sets help to inform what distance categories may be selected and what
luminance limits may be set for the standard. The complete data set is graphed below.
All Signs (All Viewing Angles)
1800
1600
1400
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• 800
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• 600
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0 100 200 300 400 500 600 700 800 900
Luminance (cd/m^2)
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Page 5 of 62
Low Viewing Angle
Measurement Distance (ft)
700
600
500
400
300
200
100
0
-100
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•
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♦
♦
100 200
300
400
500
600
700
800
9C
Luminance (cd/m^2)
0
1800
1600
1400
c 1200
ry
p ▪ 1000
g 800
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N 600
as
i 400
200
High Viewing Angle
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Luminance (cd/m^2)
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Part 2
A literature review of some existing standards and references did not provide a substantial base from
which to build a sign lighting ordinance. Two of the references were produced for the sign industry
and are neither consistent with each other nor unbiased. The recommended luminance limits that
these sources put forth far exceed the average sign luminance levels that were measured in Arlington
Co. Two more references, produced by academic institutions, are much more reputable and
scientifically based, with proposed limits in line with the Arlington Co. tour measurements. The
remainders of the references are marginally useful. Here is a short summary list of the take -away
from that literature review.
Literature Review Summary Points:
• Luminance is the best method to use for regulating brightness
• Auto -on, auto -off is recommended (utilizing photocells or astronomic time switch)
• Dimmability is recommended for all sign components (animated and static)
• Electronic signs must have a minimum of one high and one low setting for daytime and
nighttime use, two nighttime settings may be appropriate as well.
• Light trespass regulations, although most applicable for general lighting ordinances, may be
useful in mitigating excess light from signs onto neighboring properties.
• 40 cd/m^2 to 230 cd/m^2 is a possible maximum range to deal with. 150 cd/m^2 may also
be a possible upper limit.
• Limits on motion and changeability for LED billboard style signs.
• Include illuminated canopy and awning signage.
• Keep it as simple as possible; include graphics if necessary to help explain the concepts of the
standard.
• Address neighborhood adjacencies.
• Use amortization to eliminate non -conforming signs.
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3 -Apr -12
Page 55 of 62
Appendix 2 — Literature Review
1. Reference: United States Sian Council: Model On -Premise Sign Code; Andrew D. Bertucci,
Richard B. Crawford, Esq., (2011)
a. http://law.wustl.edu/landuselaw/Ordinances/USSCModelOn-PremiseSignCode.pdf
b. Summary:
i. This is a 68 page document that has been produced by the United States Sign
Council (sign manufacturers) as a recommended model code for states and
municipalities to adopt.
ii. The document discusses a variety of topics, including types of signs, areas,
heights, standards by land -use zones, sign illumination, constitutional issues of
free speech, and recommended methods of enforcement.
iii. Recommendations in this document are biased to favor the Sign Council's
interests and do not necessarily coincide with the County's interests.
c. Sign Lighting Specific References:
i. Section 20: Electronic Message Centers (EMC) Highlights
1. All EMC's must have automatic dimming controls to reduce brightness
at night, either by photocell or software settings (clock).
2. EMC's are generally prohibited in residential zones unless allowed by
special permit.
3. There are specific EMC display transition time restrictions, with
additional restriction for flashing, blinking, and scrolling, where the
signs are permitted, varying by zone.
4. Sign Code Author's notes on this subject (boxed section in the paper):
a. They discuss how outright bans may be more costly to legally
defend in lieu of controlling the use of them.
b. They assert that there is no correlation between sign
brightness and motion in relation to traffic safety or accidents,
stating that diving performance is not affected by looking at
EMC's.
c. They accept that the Authority Having Jurisdiction (AHJ), may
want to restrict what type of messages are displayed (simple
words versus full video).
ii. Section 21: Sign Illumination Standards Highlights
1. A sign in any district may be illuminated at night and the maximum
Luminance (L) may not exceed 750 cd/m^2 (Nits, 1 cd/m^2 = 1 Nit),
regardless of method of illumination.
2. External illumination, where light fixtures are pointed at the signs,
shall use fully shielded light fixtures (luminaires).
3. The maximum luminance limit must be adhered to between 1/2 hour
before Apparent Sunset and Apparent Sunrise (per NOAA).
4. Illuminated signs don't count as exterior lighting and are not subject
to any exterior lighting restrictions.
5. Sign Code Author's notes on this subject:
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a. The brightness of the sign is based on the intention that it can
be detected and read by a motorist.
b. They recommend signs be measured prior to installation or
after installation but recommend against the latter as ambient
lighting may be hard to account for on site.
c. They assert that sign lighting does not contribute to light
trespass or light spillage, distinguishing between the ability to
read a sign at a distance and the amount of light that emitted
into the surrounding neighborhood.
d. They draw a parallel between proper sign lighting and public
safety, assuming they mean traffic signs?
d. Discussion:
i. The requirement for automatic dimming for EMC's is a necessity but it may
also have merit for other types of signs as well.
ii. If the intention of EMC's and other road- or street -side signs is to draw a
motorists attention away from the road, then the very nature of the sign is
itself a distraction. With the exception of signs which provide wayfinding, as
provided by the AHJ, roadway signs should generally provide no distractions to
motorists at all, either as a matter of existence or levels of nighttime
brightness. The assertion that signs do not cause distractions is not supported
in this document and abetter -safe -than -sorry' approach when dealing with
driver visible signs is recommended.
iii. The proposed limit of 750 cd/m^2 is exceptionally high for any zone. By
comparison, almost all the signs metered during the Arlington Co. tour were
well below this limit. Setting a limit this high may actually have the opposite
of the intended effect, as sign -users may seek to increase their advertising
potential by maxing out the code allowable limits.
2. Reference: Digital Billboard Recommendations and Comparisons to Conventional Billboards;
Ian Lewin Ph.D., FIES, L.C. of Lighting Sciences Inc., (2009)
a. http://www.polcouncil.org/oolc2/DigitalBillboardsIanLewin.odf
b. Summary:
i. This is a 25 page research paper discussing, and proposing standard for,
digital billboard luminance. It also compares the luminances of conventional
billboards and electronic digital billboards. Finally, it addresses the
contribution of each type of sign to the surrounding 'sky glow', or light
pollution.
ii. They present a proposed method for measuring sign brightness using an
illuminance meter and is based on the Illuminating Engineering Society
method for measuring light trespass.
iii. The paper has been prepared for the Outdoor Advertising Association of
America (OAAA) (sign industry).
iv. The proposed luminance range is from 300-350 cd/m^2.
v. The maximum possible luminance limit (converted by using the provided
equation) can be as high as 8170 cd/m^2.
c. Sign Lighting Specific References:
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Precedence Research and Existing Installation Tour Report
3 -Apr -12
Page 57 of 62
i. Sign (billboard is this paper) lighting contributes 2 to 4% of the total lumens
that produce sky glow. The majority of the light pollution comes from
traditional street and parking lot lighting systems.
ii. Recommendations are based on driver glare (IES RP -8-00) and are based on
illuminance limits in lieu of luminance limits, citing an exceedingly complex
methodology for regulating luminance.
iii. Limits are proposed for a set distance from sign to viewer, and varied by the
amount of ambient illumination in the area.
iv. An equation has been provided to convert the proposed illuminance limits into
luminance. Using the authors example, a maximum possible luminance limit
could be as high as 8170 cd/m^2 in high ambient areas.
v. Short discussion of monochromatic displays.
vi. This paper cites a study by the Lighting Research Center of Rensselaer
Polytechnic Institute, sponsored by the NY State Department of
Transportation. They note that 280 cd/m^2 is a reasonable expectation for
maximum brightness of a conventional billboard.
vii. Calculated that digital billboards emit only about 8% of the light pollution
lumens that traditional billboards do.
d. Discussion:
i. The method for presenting billboard light pollution contribution compares the
light output from billboards to light pollution to from traditional sources which,
while it may be presented correctly, draws attention away from the fact that
these signs do contribute to light pollution.
ii. The paper assumes that there is no possibility that a sign may be viewed at
any other distance other than those set forth, and that the sign size is tied to
that distance. This methodology is not appropriate for the Arlington Co. study.
The equation proposed to convert the illuminance limits to luminance reveals a
maximum possible luminance of 8170 cd/m^2, a potentially blinding amount
of light at night.
3. Reference: Luminance Requirements for Lighted Signage; Jean Paul Freyssinier, Nadarajah
Narendran, and John D. Bullough, (2006).
a. http://www.lrc.roi.edu/programs/solidstate/odf/Freyssinier-SPIE6337-52.0df
b. Summary:
i. This is an 8 -page research paper with a very specific methodology in which
human subjects were asked to evaluate red channel letter signage under a
variety of conditions including: sign luminance, background luminance,
daytime -nighttime conditions, distances, and presence of adjacent signage.
The study was geared at determining how effective the signage was, looking
at readability, brightness, and acceptability. The study was subjective and the
sampling was small.
ii. While most to the conditions yielded 'readable' signs, brighter signs tended to
have a higher rate of success.
iii. Sign brightness for 'Just Right' varied between 40 cd/m^2 and 300 cd/m^2,
varying with distance (shorter to longer).
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iv. Adjacent signage had only a slight impact on the results, as it increases the
ambient brightness of the surrounding area.
v. Recommended values are as follows:
1. 40 cd/m^2 to 230 cd/m^2 for a variable, corresponding background
brightness range of 1 cd/m^2 to 1000 cd/m^2.
c. Discussion:
i. Although the paper's scope is limited, it provides the most scientifically based
resource, amongst the other literature, for creating a limit and range for the
conceived standard.
ii. Addressing the subjective nature of readability and brightness acceptability of
the signage in statistical terms is very informative. These results provide
insight on what would be acceptable to the general public.
4. Reference: Illinois Coalition for Responsible Outdoor Lighting (May 2011— Website,
Community Action Group)
a. httD://www.illinoislighting.org/billboards.html
b. Summary:
i. Addresses and discusses electronic billboards as compared to traditional
billboards, in terms of safety and aesthetics.
ii. Energy requirements and light pollution and trespass are also discussed.
iii. Advocates that drivers should not be distracted by any 'advertising or anything
else not related to safe driving.'
iv. Maximum daytime limits should be no higher than the brightness of a
traditional sign illuminated by direct sunlight, or the surrounding landscape,
assumed to be 5000 cd/m^2.
v. References a 2009 survey of traditional Arizona billboards which found that, of
565 signs measured, 98% had a luminance of less than 150 cd/m^2, with
83% below 100 cd/m^2. Also cites a similar study in New York State that
found an average luminance of 124 cd/m^2 for traditional billboards.
vi. Discusses the Lewin paper, referenced above and finds restrictions with the
illuminance method. They also note that the term `light trespass' in Lewin's
paper is not being used in terms of property boundaries, as is commonly done.
vii. They assert that signage, billboards in this case should not be allowed to light
an adjacent property (light trespass) any more than any other traditional light
source is allowed to.
viii. Also discussed the political issues associated with allowing signage and
grandfathering in signs after regulations are put in place.
ix. Proposes that any electronic billboard images along roadways must remain
static for 10 second to reduce motion -related distractions, daytime and
nighttime luminance limits should be set, luminance should be used as a
justifiable metric, and signage must also comply with light trespass
requirements.
c. Discussion:
i. Although this coalition provides an unsubstantiated resource, they do a fair job
of summarizing the different issues associated with this topic.
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5. Reference: Outdoor Lighting Ordinance Guide; Eatontown, NJ, (2006)
a. htto://www.state.nj.us/dep/oosc/docs/Sample Lighting Ordinance.PDF
b. Summary:
i. This ordinance guide mainly deals with general and traditional lighting
(streets, parking lots, light levels, lamps, recreational lighting, etc. but there is
a small section addressing sign lighting.
ii. The only reference to any control of sign lighting relates to keeping the
lighting constricted to the sign itself (in very loose terms).
c. Discussion:
i. Municipalities that have sign lighting ordinances probably have something to
this effect — loose language but nothing specific or measurable.
6. Reference: Marquette City Sign Ordinance Revision Committee Findings and
Recommendations; Marquette City, Presentation, (2009)
a. htto://www.matctv.org/Departments/Planning/Files/sign committee recommendations
.pdf
b. Summary:
i. Recommendations include (amongst others):
1. Simple code language, graphics
2. Control flashing signs
3. Include vending machines
4. Eliminate non -conforming signs through amortization
5. Prohibit off -premise advertising
6. Lighting of Signs
a. Internally backlit signs should light the message, not the
entire sign.
b. Require opaque backgrounds for internally lit signs.
c. External lighting should only light the sign and be directed
downward, not to leave the premises.
d. Avoid bare bulbs and unshielded flood lamps.
7. Canopy and awning lighting should be regulated
c. Discussion:
i. The guidelines are broad and high-level but they include no specific details,
recommendations, metrics, etc.
7. Reference: Digital LED Billboard Luminance Recommendations: How Bright is Bright Enough?,
Christian B. Luginbuhi, Howard Israel, Paul Scowen, Jennifer Polakis, and Tom Polakis, (2010,
Draft).
a. http://www.illinoislighting.org/resources/DigitalBillboardLuminanceRecommendation v
er7.odf
b. Summary:
i. This paper summarizes the results of a billboard brightness survey, measured
in luminance (nits).
ii. Asserts that brightness for drivers should not be greater that 10-40x the
brightness of the roadway, illuminated by headlights. If headlight reflect back
to the driver with a brightness of 1 nit (off the roadway surface) then a sign
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3 -Apr -12
Page 60 of 62
should be no more than 40 nits, maximum. If standard billboard lighting does
not exceed 60-100 nits, then the LED billboards should also not exceed 100
nits.
iii. The paper deals only with roadway conditions.
iv. Discusses the OAAA paper, previously referenced, and its shortcomings.
c. Discussion:
i. This paper provides useful data to add to the Arlington Co. data.
8. Reference: Sign Control on Rural Corridors: Model Provisions and Guidance; University of
Georgia Land Use Clinic, School of Law and College of Environment & Design, (2003)
a. http://www.dca.state.ga.us/development/planningoualitygrowth/programs/downloads/
SionProvisionsGuidance.odf
b. Summary:
i. Discusses roadway safety issues, related to illuminated signage.
ii. Discusses how signage restrictions may be dealt with in Scenic Districts.
iii. Discussed first amendment issues and strategies for dealing with this claim.
iv. Nothing specific about lighting but excellent resource for code application
language.
9. Reference: IES-IDA Model Lighting Ordinance; IES, IDA (2011)
a. http://docs.darkskv.orq/MLO/MLO Approved with Annex A revisions January2012.r
df
b. Summary:
i. Identifies lighting zones
ii. Exempts sign lighting from this ordinance and instead references a theoretical
'Sign Ordinance'
iii. Addresses light trespass, controls.
iv. Limits maximum illuminances at property lines.
c. Discussion.
i. There is nothing specifically related to signs in this document, but it could be
referenced in relation to limiting light trespass from signs.
10. Reference: Smyrna Municipal Code: Sign Ordinance; (2001)
a. http://townofsmyrna.orq/planning/pdffiles/98SIGNOR.pdf
b. Summary:
i. Generally notes that sign lighting should not adversely affect drivers.
ii. Limits sign illuminance in residential districts to 50 footcandles of indirect
illuminance (assuming the mean on the surface of the sign).
iii. Limits sign luminance in residential districts to 90 footlamberts (308 cd/m^2)
for self -illuminated signs.
iv. Limits light trespass illuminance at the property line to 1 footcandle.
c. Discussion:
i. This is one of the more specific requirements in code language but the limits
are rather high for residential areas.
11. Reference: Pittsburgh Electronic Sign Code Review: Public Hearing Draft; (2001)
a. http://www.citv.pittsburgh.oa.us/co/assets/signage/legislation summary 2-22-11.odf
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Arlington County Sign Lighting Study
Precedence Research and Existing Installation Tour Report
3 -Apr -12
Page 61 of 62
b. Summary:
i. This code language deals specifically with electronic signs.
ii. Addresses a maximum absolute brightness, as well as motion, dwell time, and
location.
iii. 1250-2000 Nits during the day and 250 Nits at night for electronic displays,
maximum limits.
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3 -Apr -12
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Appendix 3 — Side Notes
During the tour, we visited several known sign installations that the County has received complaints
about in the past. Upon inspection of those sites, it was determined that sign brightness alone is likely
not the main factor that is causing the complaints. The following observations were made:
• BAE
o This sign was not measured to have a particularly high luminance. It is however
situated on a dark building against a dark sky, in a neighborhood that has few other
rooftop signs. In other words, it sticks out. This sign's position also puts it directly in
line with the National Mall. It is possible that an objection to this sign is a matter of its
singularity and its relation to the Mall. During the day, it is not as visible as it blends
into the daylit landscape. But, at night it's one of the only elements lit in that same
scene, so it naturally draws attention to itself.
• John David Salon
o This sign installation is also not particularly bright (does not have a very high
measured luminance). There is however, an excessive amount of light coming from
the various street and building mounted light fixtures. As viewed by the tour group,
the amount of light from all these sources that hits the side of the building across the
street is very high. Control of these light sources will likely address the citizen's
concerns.
• Street lighting
o Street lighting should not be discounted when addressing issues of glare on city
streets. A typical high pressure sodium street lights in Clarendon was measured at
12,000 cd/m^2. That's 15 times more luminous than the brightest sign measured
during the tour. The light from a high pressure sodium lamp is somewhat orange and
narrow spectrum, so we're not as sensitive to it as we would be to a whiter light of the
same intensity. Most people are probably used to that color of light, so we may not
notice it as much either.
o The new LED lamps in Clarendon were also measured. Depending on how close you
are to them, as they use refractor lenses, they were up to 4.5 times brighter than the
brightest sign. These signs actually appeared to produce more glare than the high
pressure sodium fixtures since they were mounted lower and use whiter light.
o LED traffic signals are also significant sources of glare, especially when driving, and
especially when it's raining. Glare from overly bright traffic signals may cause a
driving hazard.
o We recommend considering a comprehensive county -wide general lighting standard or
ordinance to address some of these particular issues. The Model Lighting Ordinance,
produced by the IDA and IES is a good place to start.
• Building Interior Lighting
o Interior lighting that is visible through the exterior glazing of buildings also contributes
significantly to the perception of brightness. Most interior lighting system will appear
significantly brighter than the sign on the outside of the same building. One good
example from this tour is the Waterview building.
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