Staff Reports Staff Reports
trio CITY OF SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 •952-960-7900
www.ci.shorewood.mn.us•cityhall@ci.shorewood.mn.us
TO: Planning Commission
FROM: Marie Darling, Planning Director
MEETING DATE: November 17, 2020
RE: Update of Zoning Ordinance—Miscellaneous Text Amendments
Attached are amendments to the zoning, subdivision and nuisance regulations. The amendments are split
into two groups—Housekeeping(H) or Substantive(S). Housekeeping regulations are self-explanatory;
they provide clarification or correct references, grammar, spelling, spacing, etc., as well as make changes
that were discussed or directed during the review of various variance or PUD applications. They are not
presented separately below. The substantive amendments reflect a significant change in process or
regulations and are explained below individually, as well as a short discussion on yard encroachments.
Lighting regulations
Earlier this year, the Planning Commission received a request from a resident living across Chaska Road
from Shorewood Landings for relief from the holiday lighting impacts. The Planning Commission and
City Council both discussed making some changes to the lighting regulations, although the City Council
indicated that there should be fewer changes for lighting for single-family properties. Zoning ordinances
are not retroactive; the new regulations would be applied for properties moving forward. Nuisance
ordinances may be applied to existing properties.
The proposed lighting regulations were drafted primarily to reduce glare and off-site impacts for non-
residential lighting and for residential properties with apartments larger than six units. The lighting section
would be split into two groups:
Regulations to prevent glare(1201.03 Subd. 2. i.) : Modernizes the language and includes language
addressing both direct lighting and indirect(spill) lighting. Staff included language addressing spotlights
and floodlights in this section and such requirements would be subject to all uses city-wide.
Regulations to control brightness (1201.03 Subd 2. v.): The regulations were drafted to limit mounting
height,brightness, color, shielding, etc. and developers would be responsible for providing information on
the site lighting with other development review details. Properties would be allowed a maximum number
of lumens based on the total area of impervious surface, with some additional lumens allowed for gas
stations and drive-thru service windows.
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Allowing two homes on a property
Because conditional use permits are typically used for permanent additions, staff drafted this amendment to
alter the process to an interim use permit instead of a conditional use permit to reflect the temporary nature
of the request. Staff also recommends increasing the amount of time the property owner can keep a second
home on the property as construction duration is increasing with the size and complexity of new homes.
The regulations are drafted to allow a specific amount of time for the home to be removed. In this case, the
home would need to be removed within two weeks of when the new home is connected to the water supply.
Allow portico additions to encroach into the front setback in all districts
During the review of a variance application in 2018 and again earlier this year, Commission and
Councilmembers suggested that a portico or uncovered deck may be an appropriate feature to allow into the
required yard for all homes,not just those constructed prior to 1986. The proposed regulations would open
up the encroachment to all homes.
Egress pit encroachments
During the review of a PUD amendment for the Minnetonka Country Club, the City Council considered
whether it would be appropriate to allow egress pits the ability to encroach into yards for homes outside the
Minnetonka Country Club. Because homes in older subdivision may not have had an extensive drainage
review, staff propose to allow the egress pits in required front, side abutting a public street or rear yards,
but preserving the 10-foot side-yard setbacks for homeowners to have some ability to correct drainage
problems between homes without a permanent structure in the way.
Digital order signs
This amendment is to allow all drive-thru businesses the ability to add a digital order confirmation board as
a separate sign rather than having to combine it with their menu board. This amendment was discussed
originally during the review of the Starbucks variance request for the separate order station.
Zoning permits
The list of uses and projects in the code that require a zoning permit doesn't match the current practice.
The permits are supposed to be used for checking setbacks and impervious surface coverage where no other
permit is required. Two uses currently listed in the code aren't affected by dimensional/hardcover
regulations and staff has rarely processed a permit for either: irrigation systems and underground pet
fences. Additionally, another listed use is for tents and canopies for periods longer than 2 weeks,but the
zoning regulations don't allow those structures except as permitted for outdoor sales through a conditional
use permit. Also, common practice has included issuing zoning permits for temporary signs, decks that
don't require permits, patios, sidewalks and similar. Consequently staff has added those uses to this
section.
PUD process
The current PUD requirements are process intensive. For example, the concept plan requires multiple
public hearings, one at the Planning Commission and one at the City Council. Each hearing requires
separate publication in the official newspaper and mailed notices to neighbors. Published legal notices are
the least effective means to convey information to the public and the most expensive. Staff propose to limit
the public hearings to one at concept stage and one at development stage and a mailed notice for each of
those public hearings. Both public hearings would be held in front of the Planning Commission.
Additionally, staff have updated the regulations to require that the custom features in a PUD be reflected in
a resolution rather than a development agreement and require development agreements for projects where
public improvements are proposed or subdivision are part of the approval.
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Originally, the planning commission also reviewed changes to the subdivision and nuisance regulations,but
staff have separated those amendments and will forward them at a later date.
ATTACHMENT
Table of Proposed Amendments
Draft Ordinance (in strikeout/underscore format)
Table of Proposed Revisions
1A H Amend section title to indicate that the definitions apply throughout 1
the chapter
18 H Amend definitions referring to grade to improve clarify 2-3
2 H Remove definition of church and add definition of religious 3
institution
3 H Change definition to reflect current practice 4
4 H Remove dimensions from definition and update consistent with 5
1201.03 Subd. 14
5 H Correct definition to reflect practice 7
6 H Remove definition of grade (average land grade) and combine with 7
other definitions
7 H Clarify definition to reflect practice 7
8 H Correct spelling 8
9 S Add lighting related definitions to provide additional regulations 8
10 H Add definition of religious institution 13
11 H Change reference from church to religious institution 15
12 S Change process for the temporary allowance of two structures on a 20
lot from conditional to interim use to reflect temporary nature of
approval
13 H Change process to reflect current practice 20
14 H Add language to reflect current practice 21
15 H Change regulations to reflect recent change in right-of-way 21
regulations and reflect current practice
16 H Grammar correction 21
17 S Clarify glare regulations 21-22
18 H Correct district references 22-23
19 S Add lighting regulations 23-25
20 S Allow additional improvements within required setbacks as 26-27
discussed in variance and PUD amendments
21 H Update references 27
22 H Grammar correction 28
23 H Preserve drainage and utility easements for those purposes 28
24 H Change references 29
25 H Add materials to list of allowed and prohibited facade materials. 30
Amend regulations to apply consistently to a 150 sq ft structure.
26 H Add a maximum height for directional signs 31
27 H Correct spelling error 32
28 H Allow digital order confirmation signs in addition to menu boards for 32
drive-thru service windows as discussed during a variance
application
29 H Change process to correct current practice 33
30 H Remove prohibition on specific home occupation to avoid 33
duplication in section 502 of City code.
31 H Correct reference to terms used elsewhere in the zoning regulations 33
32 H Correct district references 33
33 H Add PUD district to solar regulations and correct reference to 34
current practice
34 H Add 15.99 reference to CUPs and change process to reflect current 34-35
practice
35 H Add 15.99 reference to variances 37-39
36 H Add 15.99 reference to zoning permit and change permit process to 39-40
reflect current practice
37 H Correct use references and remove uses unlikely to occur in the R-1A 41
38 H Correct use references in the R-1B 41
39 H Correct reference in the R-2A 42
40 H Correct reference in the R-C 42
41 H Add religious institutions and parks as permitted uses in the C-1 43-44
42 H Remove extra space and correct lighting references in the C-1 45-49
43 H Correct lighting references in the C-2 50-51
44 H Add the reference to the permitted uses in the L-R and correct 52
lighting references
45 S Correct the PUD process for general procedures and concept plan to 52-55
reflect current practice and state statute
46 S Correct the PUD process for development plan to be consistent with 55-56
state statute and current practice
47 S Correct the PUD process for final plan to be consistent with state 57
statute and current practice. Allow final plan approval to last one
year
ORDINANCE 5xx
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE APPROVING AMENDMENTS TO SECTION 1201 (ZONING REGULATIONS)
OF CITY CODE
Section 1: City Code Section 1201.02 (Definitions) is hereby amended as follows:
1201.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ACCESSORY APARTMENT. A small apartment that meets the standards of§ 1201.03, Subd. 22. of this
code, and is located within and is subordinate to an owner-occupied, single-family dwelling. An
ACCESSORY APARTMENT shall not be considered to be a dwelling unit, even if it allows fully
independent living.
ACCESSORY BUILDING, STRUCTURE, OR USE. A subordinate building, structure, or use, whether (Sit
attached or detached, that is located upon the same lot on which the principal main building or use is I
situated and which is reasonably necessary, appropriate, and incidental to the conduct of the primary use
of the principal building or main use. Accessory buildings typically include,but are not limited to, garages,
sheds, storage or workshop areas, treehouses, docks, gazebos, and the like. Accessory structures typically
include, but are not limited to, lights/light poles, fences, mailboxes, and the like.
AGRICULTURAL LAND. Continuous acreage of ten acres or more,primarily used for farming, dairying,
pasturage, agriculture, horticulture, floriculture, viticulture or animal or poultry husbandry.
ANTENNA SUPPORT STRUCTURE. A building,water tower or other structure,except a tower,which can
be used for location of telecommunications facilities.
APARTMENT. A room or suite of rooms, located in a building containing three or more similar units,
which is designed for, intended for or occupied as a residence by a single family or an individual and is
equipped with cooking and sanitation facilities.(See DWELLING-MULTIPLE-FAMILY.)
AQUIFER RECHARGE AREAS.All land surface areas which by nature of their surface and/or subsurface
characteristics are determined to contribute to the replenishment of subsurface water supplies.
AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines, motor
vehicles or trailers;collision service,including body,frame or fender straightening or repair;painting; vehicle
steam cleaning.
AUTOMOBILE REPAIR-MINOR. Minor repairs,upholstering,replacement of parts and motor services
to passenger automobiles and trucks not exceeding 12,000 pounds gross weight, but not including any
operation specified under AUTOMOBILE REPAIR -MAJOR.
AUTOMOBILE WRECKING or JUNK YARD. Any place where two or more vehicles not in running
condition or not licensed, or parts of vehicles, are stored in the open and are not being restored to operation
or any land, building or structure used for wrecking or storing of the motor vehicles or parts thereof; and
including any commercial salvaging and scavenging of any other goods, articles or merchandise.
AWNING. A temporary hood or cover which projects from the wall of a building and of a type which can 4
be retracted, folded or collapsed against the face of a supporting building.
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BALCONY. (See DECK.)
BASEMENT.A portion of a building located partially underground,but having less than the one- half its
floor to ceiling height below the average lowest land grade. The lowest land grade shall mean the lowest
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point of elevation of the finished surface of the ground,paving or sidewalk within the area between the
structure and the property line or when the property line is more than five feet from the building,between
the building and a line five feet from the building
BLOCK. That property abutting on one side of a street and lying between the two nearest intersecting or
intercepting streets or railroad rights-of-way or unsubdivided acreage.
BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics(an
area with an average slope of less than 18%over a distance for 50 feet or more shall not be considered part
of the bluff):
a. Part or all of the feature is located in a shoreland area;
b. The slope rises at least 25 feet above the ordinary high water level of the waterbody;
c. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary
high water level averages 30% or greater; and
d. The slope must drain toward the waterbody.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement for
definite periods, meals or lodging and meals are provided to three or more persons, not of the principal
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family thereon, pursuant to previous arrangements and not to anyone who may apply, but not including a
building providing these services for more than ten persons.
BOULEVARD. The portion of a street right-of-way not occupied by pavement.
BUILDABLE AREA. The portion of a lot, excluding wetlands, remaining after required yards have been
provided.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING HEIGHT. A distance to be measured from the average lowest land grade to the top of a flat
roof, to the mean distance (between eaves and peak) of the highest gable on a pitched or hip roof, to the
ç
roof deck line of a mansard roof, to the uppermost point on all other roof types. The lowest land grade shall
mean the lowest point of elevation of the finished surface of the groundtpaving or sidewalk within the area
between the structure and the property line or when the property line is more than five feet from the
building,between the building and a line five feet from the building.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part
of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for
an architectural or structural component of the building including, but not limited to, photovoltaic or hot
water solar systems contained within roofing materials, windows, skylights and awnings.
BUILDING LINE. A line measured across the width of the lot at the point where the principal structure is
placed in accordance with setback provisions.
BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is
manufactured, exhibited or sold or where services are offered for compensation.
CELLAR. A portion of a building having more than one-half of the floor to ceiling height below the average
lowest land grade. The lowest land grade shall mean the lowest point of elevation of the finished surface of
\Cb the ground, paving or sidewalk within the area between the structure and theproperty line or when the
property line is more than five feet from the building, between the building and a line five feet from the
building.
CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine
and conduct water either continuously or periodically.
trolled by a religious body o zed to s stain public< rshir
CLUB or LODGE. A club or lodge is a nonprofit association of persons who are bona fide members
paying annual dues, use of premises being restricted to members and their guests.
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COMMERCIAL RECREATION. A facility having various activities for amusement, recreation or
entertainment such as bowling alley, cart track, golf course or driving range, pool hall, dance hall, skating
rink, trampoline center,theater,boat rental, amusement rides, campgrounds and similar uses.
COMMERCIAL TRAILER. A trailer that transports property, materials and/or machinery used for an
occupation or enterprise by the owner,lessee,or licensee.Personal or recreational use of a commercial trailer
does not negate its designation as commercial.
COMMERCIAL USE.The principal use of land or buildings for the sale,lease,rental or trade of products,
goods and services.
COMMERCIAL VEHICLE.A self-propelled vehicle that travels along the ground on wheels and transports
persons,and/or transports or pulls property,materials and/or machinery used for an occupation or enterprise
by the owner, lessee, or licensee. Personal or recreational use of a commercial vehicle does not negate its
designation as commercial.
CONDITIONAL USE. A use that, because of special control problems the use presents, require o
effectuation of reasonable, but special, unusual and extraordinary limitations peculiar to the use for the j
protection of the public welfare and the integrity of the City Land Use Plan.
CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified
in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or
conditions surrounding it after consideration of adjacent uses and their functions and the special problems
which the proposed use presents.
CONDOMINIUM. A multiple dwelling containing individually-owned dwelling units and jointly- owned
and shared areas and facilities,which dwelling is subject to the provisions of the Minnesota Condominium
Law, M.S. §§ 515.01 to 515.19, as may be amended.
CONVENIENCE FOOD ESTABLISHMENTS. An establishment which serves food or drink in or on
disposable or edible containers in individual servings for consumption on and off the premises or may
include a drive-thru service window.
COOPERATIVE (HOUSING). A multiple-family dwelling owned and maintained by the residents and
subject to the provisions of M.S. §§ 290.09 to 290.13, as may be amended. The entire structure and rear
property is under common ownership as contrasted to a condominium dwelling where individual units ai f ,
under separate individual occupant ownership. y
DAY CARE FACILITY. Any facility, public or private, which for gain or otherwise, regularly provides
one or more persons with care, training, supervision, habitation, rehabilitation or developmental guidance
on a regular basis, for periods of less than 24 hours per day,in a place other than the recipient's own home.
DAY CARE FACILITIES include, but are not limited to: family day care homes, group family day care
homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs
and day services.
Ah
DECK. A flat-floored roofless platform adjoining a dwelling, used primarily for recreation.
DEPARTMENT STORE. A business that is conducted wherein a variety of unrelated merchandise and
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services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and
services are furnished.
DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of
buildings and lands are uniform for each class of use permitted therein.
DIVISION.A channel that intercepts surface water runoff and that changes the accustomed course of all or
part of a stream.
DOCK. Any wharf,pier or other structure or combination of wharves,piers, or other structures constructed
4I or maintained in or over a lakewaterbody, whether floating or notpermanent or temporary, including all
I "Ls", "Ts" or posts which may be a part thereof, whether affixed or adjacent to the principal structure, and
"l .
DOG KENNEL. Any place where three dogs or more, over six months of age, are boarded,bred or offered
for sale but not including veterinary clinic.
DRAINING. The removal of surface water or ground water from land.
DREDGING. To enlarge or clean out a water body, watercourse or wetland.
DRIVE-IN FACILITY. A facility that accommodates the patron's automobile from which the occupants
may receive a service or in which products purchased from the establishment may be consumed.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including
one-family, two-family and multiple-family dwellings, but not including hotels, motels and boarding
houses.
DWELLING-MULTIPLE-FAMILY(APARTMENTS).A building designed with three or more dwelling
units exclusively for occupancy by three or more families living independently of each other, but sharing
hallways and main entrances and exits. (See APARTMENT.)
DWELLING-SINGLE-FAMILY.A dwelling designed exclusively for occupancy by one family.
a. ATTACHED.A dwelling which is joined to another at one or more sides by a party wall.
b. DETACHED. A dwelling unit not attached to another dwelling or structure.
DWELLING - TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living
independently of each other.
a. DOUBLE BUNGALOW. A two-family dwelling with two units side by side.
b. DUPLEX. A two-family dwelling with one unit above the other.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not
including hotels, motels, nursing homes,boarding or rooming houses or recreational vehicles.
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EARTH SHELTERED DWELLING UNIT.A structure which complies with applicable building standards
and which is constructed so that:
a. 80%or more of the roof area is covered with a minimum depth of 12 inches of earth; and
b. 50%or more of the wall area is covered with a minimum depth of 12 inches of earth.
EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom,
hallway, closets or dining alcove.
ELDERLY HOUSING. A dwelling or group of dwellings where the occupancy is restricted to persons 62
years of age or older,or which qualifies as housing for older persons under the Federal Fair Housing Act.
ENGINEER. A registered professional engineer licensed by the State of Minnesota.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance of underground or
overhead gas, electrical, steam or water transmission or distribution systems, collection, communication,
supply or disposal systems by public utilities,municipal or other governmental agencies,but not including
buildings.
FAMILY. One or two persons or parents, with their direct lineal descendants and adopted or legally cared
for children, together with not more than one person not so related, living together in the whole or part of a
dwelling comprising a single housekeeping unit. Every additional group of three or fewer persons living in
the housekeeping unit shall be considered a separate family for the purpose of this code.
FARM. (See AGRICULTURAL LAND.)
FENCE. A partition, structure, wall or gate erected as a dividing marker, barrier or enclosure.
FENCE-BOUNDARY LINE. All fences located within eight feet of a property line.
FENCE-INTERIOR YARD. All fences located eight feet beyond a property line.
FILLING. The act of artificially depositing any rock, soil, gravel, sand or other material.
FIRE LANE. A portion of a platted or dedicated public right-of-way extending to Lake Minnetonka or
Lake William and as is designated and numbered on the Official Zoning Map.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas
from:
a. The overflow of inland waters; or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD PLAIN. Any land susceptible to being inundated by water from any source. (See definition of
FLOOD.)
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FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or portion
thereof devoted to a particular use as measured from the inside of the building. For non-residential
5 buildings, floor area shall include�g accessory storage areas located within selling or working space
such as counters,racks or closets and any basement floor area devoted to retailing activities, to the
production or processing of goods or to business or professional offices. However, the floor area for non-
residential buildings shall not include: basement floor area other than area devoted to retailing activities,
the production or processing of goods or to business or professional offices.
FLUSH-MOUNTED SOLAR ENERGY SYSTEM. A roof-mounted system mounted directly abutting the
roof. The pitch of the solar collector may exceed the pitch of the roof up to 5%but shall not be higher than
ten inches above the roof.
GARAGE-PRIVATE.An accessory building or accessory portion of the principal building which is intended
primarily for and used to store the private passenger vehicles of the family or families resident upon the
premises and in which no business service or industry is carried on.
GARAGE-PUBLIC. Any garage other than a private garage.
GRADING. Changing the natural or existing topography of land.
GREENHOUSE. An enclosed building, constructed at least 75% of glass or similar other transparent or
translucent,rigid material,which is used to maintain suitable conditions under which plants may be grown.
GUEST ROOM. A room occupied by one or more guests for compensation and in which no provision is
made for cooking.
HOME OCCUPATION. Any business, occupation, or profession engaged in by the residents of the
dwelling when conducted within the dwelling, accessory building, or on the parcel of land containing the
dwelling unit.
HOTEL. An establishment, including a motel, resort, boarding house, lodging house, bed and breakfast,
furnished apartment house, short-term rental unit not in a residential district, or other building,which is
kept, used or advertised as, or held out to the public to be, a place where sleeping and/or housekeeping
accommodations are supplied for pay to guests for transient occupancy.
IMPERVIOUS SURFACE. An artificial or natural surface through which water, air or roots cannot
penetrate. The following shall not be considered impervious surfaces:
/l a. Cantilevers no greater than two feet from the side of the structure and at least four feet above
the adjacent grade.
b. Overhangs no greater than two feet from the side of the structure.*
!INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a
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CZcontinguouscontiguous patch, strip, row or block.
INTERIM CONDITIONAL USE. A temporary use of property until a particular date, until the occurrence
of a particular event or until the use is no longer allowed by zoning regulations.
INTERIM CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance with
procedures specified in § 1201.04 of this code.
INTERMITTENT. A stream or portion of a stream that flows only in direct response to precipitation.
JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged,
stored,cleaned,packed,disassembled or handled,including,but not limited to,scrap metal,rags,paper,hides,
rubber products,glass products,lumber products and products resulting from the wrecking of automobiles or
other vehicles.
LAND RECLAMATION. The process of the reestablishment of acceptable topography (i.e. slopes),
vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of
the land.
LIGHTING RELATED -
a. BACKLIGHT. Light trespassing behind the fixture from the light source toward the
ground.
b. FOOTCANDLE. The international unit of illumination intensity on a surface.
c. FULL CUT-OFF LUMINAIRE. A luminaire with no direct up-light either directly from
the light source or any diffusing element or by any indirect reflection or refraction.
d. GLARE. Light entering the eye directly from luminaires or indirectly from reflective surfaces that
causes visual discomfort or reduced visibility.
e. IDEALLY ORIENTED. A luminaire mounted with the backlight portion of the light
output oriented perpendicular and toward the property line.
f. NOT IDEALLY ORIENTED. A luminaire mounted in any way other than with the
backlight portion of the light output oriented perpendicular and towards the property line.
g. SHIELDED LUMINAIRE. A luminaire constructed and installed in such a manner that all
light emitted by the luminaire, either directly from the light source or a diffusing element, or indirectly by
reflection or refraction from any part of the luminaire is projected away from adjacent properties or public
streets.
h. UPLIGHT. A light placed or designed to throw light upward.
LOADING SPACE or BERTH. A space accessible from a street, in a building or on a lot, for the use of
vehicles while loading and unloading merchandise, materials or passengers.
LODGING HOUSE. A building other than a hotel or motel, where for compensation for definite periods
lodging is provided for three or more persons not of the principal family,but not including a building providing
this service for more than ten persons.
LODGING ROOM. A room rented as sleeping and living quarters but without cooking facilities and with or
without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides
sleeping accommodations shall be counted as one lodging room.
LOT(OF RECORD).A parcel of land,whether subdivided or otherwise legally described, as of the effective
8
date of this chapter,or approved by the city as a lot subsequent to the date and which is occupied by or intended
for occupancy by one principal building or principal use together with any accessory buildings and the open
spaces as required by this chapter and having its principal frontage on a public street or a private street
approved by the Council.
LOT.Land occupied or to be occupied by a building and its accessory buildings,together with the open spaces
as are required under the provisions of this zoning regulation having not less than the minimum area required
by this zoning ordinance for a building site in the district in which the lot is situated and having its principal
frontage on a street or a proposed street approved by the Council.
LOT AREA. The area of a horizontal plane within the lot lines.
LOT AREA PER UNIT.The lot area required by this chapter to be provided for each family in a dwelling.
LOT,BASE. A lot meeting all the lot specifications in the zoning district in which it is located prior to being
subdivided into a two-family or quadraminium subdivision.
LOT- CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at
the point of deflection in alignment of a single street,the interior angle of which is 135 degrees or less.
LOT DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from
a 90-degree angle from the street right-of-way(or tangentially on a curved street or cul-de-sac)within the lot
boundaries.
LOT-DOUBLE FRONTAGE. An interior lot having frontage on two streets.
LOT-INTERIOR. A lot other than a corner lot, including through lots.
LOT LINE.A property boundary line of any lot held in single or separate ownership;except that where any
portion of the lot extends into the abutting street or water body the lot line shall be deemed to be the street
right-of-way or the ordinary high water mark.
LOT LINE-FRONT.The front of a lot shall be,for purposes of complying with this chapter,that boundary
having the least width abutting a public right-of-way or private street.
LOT LINE-REAR. The rear of a lot shall be, for purposes of complying with this chapter, that boundary
opposite the front lot line.
LOT- THROUGH. A lot fronting on two parallel streets.
LOT - UNIT. A lot created from the subdivision of a two-family dwelling or quadraminium, having
different minimum lot size requirements than the conventional base lots within the zoning district in which
it is located.
LOT WIDTH.The shortest horizontal distance between the side lot lines measured at right angles to the lot
depth measured at the required minimum building setback line.
MANUFACTURED HOME. A structure, transportable in one or more sections, which, in the traveling
9
mode,is eight body feet or more in width or 40 body feet or more in length, or,when erected on site,is 320
or more square feet,and which is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and includes the plumbing,
heating, air conditioning and electrical systems contained therein; except that the term includes any
structure which meets all the requirements and with respect to which the manufacturer voluntarily files a
certification required by the Secretary of the U.S. Department of Housing and Urban Development and
complies with the standards established under M.S. Chapter 327.
MARINA. An area of concentrated watercraft mooring or docking, where accessory facilities may be
provided for some or all of the services as fueling, sewage pumpout,boat launching, boat repair and boat
storage; except that marina does not mean temporary docks associated with riparian residential
development if the mooring area is of a size not to exceed the resource limitations of the site and the needs
of the residents of the development.
MASSAGE THERAPY. A scientific health care or health maintenance technique or procedure carried out
by a massage therapist involving the massaging,kneading,rubbing,pressing, stroking, tapping, pounding,
vibrating or stimulating the human skin, muscles and tissues for no other purpose than physical fitness,
health care referral,healing relaxation and beautification.
MASSAGE THERAPIST. A person, other than a person licensed as a medical doctor, chiropractor,
osteopath, podiatrist, licensed nurse, physical therapist, athletic director or trainer, or beautician or barber
who confine his or her treatment to the scalp, face and neck; who for compensation practices and provides
massage therapy; who has a certificate of completion with a minimum of 500 hours of class credits from a
recognized massage therapy school.
MEDICAL AND DENTAL CLINIC. A structure intended for providing medical and dental examinations
and service available to the public. This service is provided without overnight care available.
MOTEL/MOTOR HOTEL.A building or group of detached,semi-detached or attached buildings containing
guest rooms or units, each of which has a separate entrance directly from the outside of the building, or
corridor, with garage or parking space conveniently located to each unit, and which is designed,used or
intended to be used primarily for the accommodation of transient guests traveling by automobile.
MOTOR FUEL STATION. A place where fuel stored only in underground tanks, kerosene or motor oil
and lubricants or grease,for operation of motor vehicles,are retailed directly to the public on the premises,and
including minor accessories and services for motor vehicles,but not including major repairs and rebuilding.
Commonly known as GAS STATION.
NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour configuration,
collect, store and channel surface water runoff.
NONCONFORMING STRUCTURE. Any structure which, on the effective date of this chapter, does not,
even though lawfully established, conform to the applicable conditions if the structure were to be erected
under the guidance of this chapter. Also any structure located on a nonconforming lot.
NONCONFORMING USE. Any use which, on the effective date of this chapter, does not, even though
lawfully established, conform to the applicable conditions if the use were to be established under the
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guidance of this chapter.
NORMAL HIGH WATER MARK. A mark delineating the highest water level which has been maintained
for a sufficient period of time to leave evidence upon the landscape. The normal high water mark is
commonly that point where the natural vegetation changes from predominantly aquatic to predominantly
terrestrian.
NURSING CARE.Health evaluation and treatment of patients and residents who are not in need of an acute
care facility,but who require nursing supervision on an inpatient basis.
NURSING HOME (REST HOME). A building having accommodations where nursing care is provided
for five or more invalids, infirmed, aged, convalescent or physically disabled persons that are not of the
immediate family,but not including hospitals, clinics, sanitariums or similar institutions
OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling or renting
merchandise and for the storing of same prior to sale.
ORDINARY HIGH WATER LEVEL (O.H.W.L.). The boundary of public waters and wetlands which is
described as an elevation delineating the highest water level which has been maintained for a sufficient
period of time to leave evidence upon the landscape, commonly that point where the natural vegetation
changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY
HIGH WATER LEVEL is the elevation of the top of the bank of the channel.
PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below or
above grade.
PARKING SPACE. An area enclosed in a building, in an accessory building or unenclosed sufficient in
size to store one automobile,which has adequate access to a public street and permitting satisfactory ingress
and egress of an automobile.
PARKING STALL. (See PARKING SPACE.)
PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat without transforming it
to another form of energy or transferring the energy via a heat exchanger.
PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided
it conforms with all requirements,regulations and performance standards(of any)of the districts.
PERSON. An individual, firm, partnership, association, corporation or organization of any kind.
PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.
PORTICO. A covered walkway in the form of a roof supported by columns or pillars, usually attached to
a building, and leading to an entrance of the building.
PRACTICAL DIFFICULTIES. In connection with the request for a variance from compliance with the
requirements of this code, where a property owner proposes to use the subject property in a reasonable
manner not permitted by the code in which the plight of the property owner giving rise to the variance request
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is due to circumstances unique to the property not created by the property owner or a previous property
owner and the variance, if granted, is in harmony with the general purposes and intent of the Zoning Code,
is consistent with the Comprehensive Plan and will not alter the essential character of the locality.
PRACTICAL DIFFICULTIES include but are not limited to inadequate access to direct sunlight for solar
energy systems. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES.
PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses.
A PRINCIPAL USE may be either permitted or conditional.
PUBLIC USES.Uses owned or operated by municipal,school districts,county,state or other governmental
units.
PUBLIC WATER. A body of water capable of substantial beneficial public use. This shall be construed to
mean, for the purposes of this chapter, any body of water which has the potential to support any type of
recreational pursuit or water supply purpose. However, no lake, pond or flowage of less than 25 acres in
size and no river or stream having a total drainage area less than two square miles need be regulated for the
purposes of this chapter except those areas protected by the Shorewood Wetland Ordinance(Chapter 1102
of this City Code), as may be amended. A body of water created by a private user where there was no
previous shoreland, as defined herein, for a designated private use authorized by the Minnesota
Commissioner of Natural Resources shall be exempt from the shoreland provisions of this chapter.
a. The official determination of the size of lakes,ponds or flowages shall be the areas listed in the
Division of Waters, Soils and Minerals Bulletin No.25,An Inventory of Minnesota Lakes, or in
the event that lakes, ponds or flowages are not listed therein, the official determination of size
and physical limits shall be made bythe Minnesota Commissioner of Natural Resources.
b. The official determination of the size and physical limits of drainage areas of rivers and streams
shall be made by the Minnesota Commissioner of Natural Resources.
PUBLIC WATERS - GENERAL DEVELOPMENT. Those waters whose shores are generally
characterized by industrial, commercial or high density residential development as determined by the
Minnesota Department of Natural Resources Standards and Criteria for the Management of Municipal
Shoreland Areas of Minnesota(Minn. Rules parts 6120.2500 to 6120.3900).
PUBLIC WATERS - NATURAL ENVIRONMENT. Those waters whose shores are generally
characterized by low density, single-family residential development as determined by Minn. Rules parts
6120.2500 to 6120.3900.
PUBLIC WATERS - RECREATIONAL DEVELOPMENT. Those waters whose shores are generally
characterized by medium density residential development with or without limited service- oriented
commercial development as determined by Minn. Rules parts 6120.2500 to 6120.3900.
QUADRAMINIUM.A single structure which contains four dwelling units,designed for separate ownership,
all of which have individual entrances and in which each unit shares common walls with two other units.
RECREATION AREA OR BUILDING. An area of land, water or any building in which amusement,
recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent,
except a theater, whether provision is made for the accommodation of an assembly or not. A golf course,
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arena, baseball park, stadium or gymnasium is a RECREATION AREA OR BUILDING for the purpose
of this chapter.
RECREATIONAL VEHICLE.A self-propelled vehicle or camping or travel trailer which is used primarily
for recreational purposes.
RELIGIOUS INSTITUTION. A building that is principally used as a place where people of faith or
if)
religion regularly assemble for worship. The definition includes churches, mosques, temples, synagogues,
and the like, but does not include seminaries, camps with live-in quarters, coffee houses open to the public,
publishing establishments, ritual abattoir, radio/television transmission facilities, or similar uses.
RENEWABLE ENERGY SYSTEM. A solar energy system, wind energy system, or ground source heat
pump.
RESIDENTIAL FACILITY. Any facility,public or private,which for gain or otherwise regularly provides
one or more persons with a 24 hour per day care, food, lodging,training, education, supervision,habitation,
rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own
home. Residential facilities include, but are not limited to: state institutions under the control of the
Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelters, group
homes,residential programs or schools for handicapped children.
RESTAURANT. An establishment which serves food in or on nondisposable dishes to be consumed
primarily while seated at tables or booths within the building.
RIGHT-OF-WAY- PUBLIC. Any property established for the use of the public for street or highway
purposes by any federal, state, county or local government, by dedication, gift or statutory user, whether
developed or undeveloped, paved or unpaved.
ROOF LINE. Is defined as the top of the coping or,when the building has a pitched roof, as the intersection
of the outside wall with the roof.
SCREENING. The presence of an artificial barrier, vegetation or topography which makes any structure
on any property visually inconspicuous.
SELF-STORAGE FACILITY. Any facility that is designed and used for the purpose of renting or leasing
an individual storage space within the facility for the purpose of storage only. The facilities are different
from public warehouses in that the public has access to their storage space owned for the purpose of storing
and removing personal property and the owner does not issue a warehouse receipt,bill of lading or other
document of title for the personal property stored in the storage space.
SEMI-PUBLIC. Partially, but not entirely, owned by the public or providing a service available to the
public.
SETBACK. The minimum horizontal distance between a building and street, lot line or normal high water
mark. Distances are to be measured from the most outwardly extended portion of the structure at ground
level. In the case of a private street or street acquired by statutory user as defined by Minnesota Statutes,
the setback shall be measured from a line 15 feet from the edge of the traveled surface.
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SEWER SYSTEM. Pipelines or conduits, pumping stations and force main and all other construction,
devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a
point of ultimate disposal.
SHOPPING CENTER. A group of three or more commercial establishments planned, constructed and
managed as a total entity,with customer and employee parking provided on-site,provision for goods delivery
separated from customer access, aesthetic considerations and protection from the elements.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line
parallel to it at a setback of 50%of the structure setback.
SHORELAND.Land located within the following distances from public waters: 1,000 feet from the normal
high water mark of a lake,pond or flowage; and 300 feet from a river or stream,or the landward extent of a
flood plain designated by ordinance on a river or stream, whichever is greater. The practical limits of
shorelands may be less than the statutory limits whenever the waters involved are bounded by natural
topographic divides which extend landward from the waters for lesser distances and when approved by the
Minnesota Commissioner of Natural Resources.
SHORT-TERM RENTAL UNIT. Any structure, any portion of any structure, rental dwelling or rental
dwelling unit that is rented to a transient for less than 30 consecutive days in a residential district or
residential planned unit development district.
SIGN. The use of any words, numerals, figures, devices or trademarks by which anything is made known
such as are used to show an individual, firm, profession or business and are visible to the general public.
SIGN-ADDRESS. A sign communicating street address only, whether script or in numerical form. In R
Districts an address sign may include the name of the resident.
SIGN-ADVERTISING. A billboard,poster panel,painted bulletin board or other communication device
which is used to advertise products, goods or services which are not exclusively related to the premises on
which the sign is located.
SIGN AREA. The total area of a sign measured at the perimeter of the surface on which the sign is inscribed.
For signs consisting of letters,figures,or symbols applied directly onto a building or structure,the sign area
shall be that area enclosed within the smallest rectangle that can be made to circumscribe the sign.
SIGN-AREA IDENTIFICATION.A freestanding sign which identifies the name of a residential housing
development,an office or business structure containing two or more independent concerns; a single business
consisting of three or more separate structures existing on individual platted lots or as a planned unit
development;or any integrated combination of the above. The sign is limited only to the identification of an
area or complex and does not contain the name of individual owners or tenants nor contain advertising.
SIGN,BENCH. A sign which is affixed to a bench such as at a bus stop.
SIGN-BUSINESS.Any sign which identifies a business or group of businesses,either retail or wholesale,
or any sign which identifies a profession or is used in the identification or promotion of any principal
commodity or service,including entertainment,offered or sold upon the premises where the sign is located.
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SIGN- CAMPAIGN. A temporary sign promoting the candidacy of a person running for a governmental
office or promoting an issue to be voted on at a governmental election.
SIGN-CANOPY. Any message or identification which is affixed to a projection or extension of a building
or structure erected in a manner as to provide a shelter or cover over the approach to any entrance of a store,
building or place of assembly.
SIGN-CONSTRUCTION.A sign placed at a construction site identifying the project or the name of the
architect, engineer, contractor, financier or other involved parties.
SIGN-DIRECTIONAL. A sign erected on public or private property which bears the address or name or
both of a business, institution,church religious institution or other use or activity plus directional arrows or
y information on location.
SIGN-DIRECTORY.An exterior informational wall sign which identifies the names of businesses served
by a common public entrance in a shopping center.
SIGN-DYNAMIC DISPLAY A sign or characteristics of a sign that appear to have movement or that
appear to change, caused by any method other than physically removing and replacing the sign or its
components, whether the apparent movement or change is in the display, the sign structure itself, or any
other component of the sign. This includes a display that incorporates a technology or method allowing the
sign face to change the image without having to physically or mechanically replace the sign face or its
components.This also includes any rotating,revolving,moving,flashing,blinking,or animated display and
any display that incorporates rotating panels, LED lights manipulated through digital input,"digital ink"or
any other method or technology that allows the sign face to present a series of images or displays.
SIGN-FREESTANDING.Any stationary or portable,self-supported sign not affixed to any other structure.
SIGN-HOLIDAY. Decorations or messages which recognize an official national, state or local holiday.
SIGN-ILLUMINATED. Any sign which is lighted by an artificial light source either directed upon it or
illuminated from an interior source.
SIGN-INFORMATIONAL. Any sign giving information to employees, visitors or delivery vehicles, but
containing no advertising or identification.
SIGN-INSTITUTIONAL. A sign which identifies the name and other characteristics of a public or semi-
public institution on the site where the sign is located.
SIGN-INTEGRAL. A sign carrying the name of a building, its date of erection, monumental citations,
commemorative tablets and the like when carved into stone,concrete or similar material or made of bronze,
aluminum or other permanent type of construction and made an integral part of the structure.
SIGN-MAXIMUM HEIGHT OF. The vertical distance measured from the grade to the top of a sign.
SIGN-MENU BOARD. Any sign that has a message related to the site's food service and the copy is
manually or electronically changed and the lettering of which is two inches or less in height so as to not be
readable from the adjoining street right-of-way or adjoining property.
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SIGN-MINIMUM HEIGHT OF. The vertical distance measured from the nearest finished grade to the
lower limit of the sign.
SIGN-MONUMENT.A sign whose base and structure is positioned primarily on the ground and is typically
solid from grade to the top of the structure.
SIGN-NONCONFORMING.
a. LEGAL. A sign which lawfully existed at the time of the passage of this chapter or amendments
thereto,but which does not conform with the regulations of this chapter.
b. ILLEGAL. A sign which was constructed after the passage of this chapter or amendments thereto
and does not conform with the regulations of this chapter.
SIGN-PORTABLE. A sign so designed as to be movable from one location to another and which is not
permanently attached to the ground or structure.
SIGN- PROJECTING. A sign, other than a wall sign, which is affixed to a building and which extends
perpendicular from the building wall.
SIGN-PUBLIC. Any sign erected by municipal, county, state or other governmental agencies, including,
but not limited to street signs, traffic-control signs and parking-control signs.
SIGN-REAL ESTATE.A business sign placed upon a property advertising that particular property for sale,
for rent or for lease.
SIGN-ROOF. Any sign which is erected, constructed or attached wholly or in part upon or over the roof of
a building.
SIGN,ROTATING. A sign which revolves or rotates on its axis.
SIGN-STRUCTURE. The supports, uprights,bracing and framework for a sign, including the sign area.
SIGN- TEMPORARY. Any sign which is erected or displayed for a specific period of time.
SIGN- WALL.A sign which is affixed to the exterior wall of a building and which is parallel to the building
wall. A wall sign does not project more than 12 inches from the surface to which it is attached, nor extend
beyond the top of the parapet wall.
SIGN- WALL GRAPHIC. A sign which is painted directly on an exterior wall surface.
SIGN- WINDOW.A sign affixed to or inside of a window in view of the general public.This does not include
merchandise on display.
SLIP. A water dockage area accommodating one boat.
SLOPE. The degree of deviation of a surface from the horizontal usually expressed in percent, degree or
ratio.
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SOLAR ENERGY SYSTEM.A device or structural design feature,a substantial purpose of which is to provide
daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space
heating or cooling, electricity generation or water heating.
STEALTH FACILITY. Any telecommunications facility that is designed to blend into the surrounding
environment; examples of stealth facilities include architecturally screened roof-mounted antennas,
antennas integrated into architectural elements and telecommunications towers designed to appear other than
as a tower such as light poles,power poles and trees.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as
poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available
county soil surveys or other technical reports, unless appropriate design and construction techniques and
farming practices are used in accordance with the provisions of this chapter. Where specific information is
not available, steep slopes are lands having average slopes over 12%, as measured over horizontal distances
of 50 feet or more, that are not bluffs.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of
the floor next above, except that the topmost story shall be that portion of a building included between the
upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a
basement or cellar or unused underfloor space is more than six feet above grade as defined herein for more than
50%of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement,
cellar or unused underfloor space shall be considered as a story.
STORY-HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of which, at
least two opposite exterior walls,are not more than two feet above the floor of the story, and basements where
less than one-half of the floor to ceiling height is below the average of the highest and lowest point of that
portion of the lot covered by the building.
STREET. A public right-of-way or private way serving three or more properties, whether designated as a
street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise
designated, which is used or can be used for travel.
STREET FRONTAGE. A lot line abutting a street.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing
walls, columns,beams or girders.
STRUCTURE.Anything which is built,constructed or erected;an edifice or building of any kind or any piece
of work artificially built up or composed of parts jointed together in some definite manner whether temporary
or permanent in character.
SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit
developments.
SURFACE WATERS - GENERAL DEVELOPMENT (GD). (See PUBLIC WATERS - GENERAL
DEVELOPMENT.)
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SURFACE WATERS-NATURAL ENVIRONMENT(NE). (See PUBLIC WATERS-NATURAL
ENVIRONMENT.)
SURFACE WATERS - RECREATIONAL DEVELOPMENT (RD). (See PUBLIC WATERS -
RECREATIONAL DEVELOPMENT.)
TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and
individual front and rear entrances,the structures to be of row house type as contrasted to multiple-dwelling
apartment structures.
TELECOMMUNICATIONS FACILITIES. Cables, wires, lines, wave guides, antennas and any other
facilities or equipment associated with the transmission or reception of communications located or installed
on or near a tower or antenna support structure. This term does not include:
a. A satellite earth station antenna two meters in diameter or less,located in a C-1 or
C-2 zoning district;
b. A satellite earth station antenna one meter in diameter or less, wherever located.
TELECOMMUNICATIONS TOWER(or TOWER). A self-supporting lattice,guyed or monopole structure
constructed from grade and built for the purpose of supporting telecommunications facilities. The term does
not include amateur radio operations equipment licensed by the Federal Communications Commission.
TOWER HEIGHT. The vertical distance from the grade adjacent to the base pad of the tower to the highest
point of the tower or any component of the telecommunication facilities.
TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and
individual front and rear entrances, the structures to be of row house type as contrasted to multiple-dwelling
apartment structures.
TRANSIENT. Any person who, at their own expense or at the expense of another, exercises occupancy or
possession, or is entitled to occupancy or possession,by reason of any rental agreement, concession, permit,
right of access, option to purchase, license, time sharing arrangement,or any other type of agreement for a
period of less than 30 consecutive calendar days.
UPLAND. All lands at an elevation above the normal high water mark.
USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed and
equipped and intended and maintained for either active or passive recreation or both, available and accessible to
and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. The areas shall
be grassed and landscaped or surfaced only for a recreational purpose. Roofs, driveways and parking areas
shall not constitute usable open space.
USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or
for which it is occupied, utilized or maintained, and shall include the performance of the activity as defined
by the performance standards of this chapter.
VARIANCE.A relaxation of the requirements of this code where a property owner proposes to use the subject
18
property in a reasonable manner not permitted by the code, such deviation will be in harmony with the general
purposes and intent of the code, consistent with the Comprehensive Plan, and will not alter the essential
character of the locality and where, owing to physical conditions unique to the individual property under
consideration and not the result of the actions of the property owner or previous property owner, compliance
with the code would result in practical difficulties as defined herein.
VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable
characteristics.
VISUALLY INCONSPICUOUS. Difficult to see or not readily noticeable.
WATER BODY. A body of water (lake, pond) in a depression of land or expanded part of a river or an
enclosed basin that holds water and is surrounded by land.
WATERCOURSE.A channel or depression through which water flows,such as rivers,streams or creeks, and
may flow year-round or intermittently.
WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a
bridge or stretch of high land dividing drainage areas.
WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service
Circular No. 39 (1971 Edition) or as identified on the Shorewood Wetlands Map (see Chapter 1102 of this
code).
YARD.An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A yard
extends along a lot line at right angles to the lot line to a depth or width specified in the yard regulations for
the zoning district in which the lot is located.
YARD DEPTH-REAR. The mean horizontal distance between the rear line of the building and the rear lot
line.
YARD-FRONT. A yard extending across the front of the lot between the side lot lines and lying between the
front line of the lot and the nearest line of the building. (See LOT LINE-FRONT.)
YARD-REAR. A yard extending across the full width of the lot and lying between the rear line of the lot
and the nearest line of the building. (See LOT LINE-REAR.)
YARD-SIDE. A yard between the side line of the lot and the nearest line of the building and extending from
the required front yard to the required rear yard.
ZERO LOT LINE.A development technique in which setback requirements for one or more sides of a lot are
eliminated so that buildings are allowed to abut property lines.
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Section 2: City Code Section 1201.03 Subd. 2 c. is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. General building and performance requirements.
c. Property development.
(4) Except in the case of planned unit development as provided for in § 1201.06
of this chapter, not more than one principal building shall be located on a lot. The city may,by interim
conditional use permit, allow a single-family residential dwelling to remain on a lot while a new dwelling is
being constructed on the same lot,provided that:
(a) The new dwelling shall conform to the setback requirements of the
zoning district in which it is located;
(b) Construction of the new dwelling shall not result in substantially
greater site alteration (for example, tree removal or grading)than if the original house is first removed;
(c) The property owner must provide an estimate from a licensed
contractor for the cost of removing the original dwelling and restoring the site. From this estimate the city
shall require a cash escrow or letter of credit in the amount of 150%of the estimate to ensure that the
original dwelling will be removed within two weeks of the date the new dwelling is connected to the source
of potable water within six months of the date the building permit is issued for the new dwelling unless a
longer time frame is approved by City Council.
(d) The property owner shall provide the cash escrow or letter of credit
referenced in(c) above at the time a building permit is issued for the new dwelling. The new dwelling
shall not be occupied until a certificate of occupancy has been issued.
(e) The request shall be subject to the requirements of Section 1201.04
Subd 4. of this Chapter.
(5) On a through lot both street lines shall be front lot lines for applying the yard
and parking regulations of this chapter.
Section 3: City Code Section 1201.03 Subd. 2 f. (1-3) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2 f. Fences -general requirements.
(1) Permit required. No person, firm or corporation shall construct or erect any
fence without first securing a building zoning permit.
/5\ (2) Locations. All fences shall be located entirely upon the property of the fence
owner unless the owner of the adjoining property agrees, in writing,that the fence maybe erected on the
property line of the respective properties. No boundary line fence shall be erected closer than three feet to
an existing parallel boundary line fence.
(3) Surveys. The Building Official may require an applicant for a fence zoning
permit to establish his or her true boundary line by a survey thereof to be made by a registered land
surveyor.
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Section 4: City Code Section 1201.03 Subd. 2. f. (9). (b) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. f. Fences -general requirements
(9) Residential District fences.
4 (b) Interior yard fences.
(i) Any fence erected within any portion of the required front
yard or the required side yard abutting a public street shall not exceed four feet in height and shall be at
least 25% open.
Section 5: City Code Section 1201.03 Subd. 2. g. (4). b. is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. g. Required screening and landscaping.
(4) Standards and criteria. All landscape plans shall conform to the following
standards and criteria.
t (b) Spacing.
(i) Plant material centers shall not be located closer than three
feet from the fence line or property line and shall not be planted in the right-of-way or within 15 feet of the
edge of a public street, or in aimianner that to-conflicts with public plantings, sidewalks, trails, fences, utility
mains,parking areas and driveways ba3ea o„ the;uElgn ent ofas determined by the Zoning Administrator.
Section 6: City Code Section 1201.03 Subd. 2. g. (6). (c) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. g. Required screening and landscaping.
(6) Screening of mechanical equipment. All rooftop and ground mounted
I mechanical equipment of residential buildings having five units or more and of nonresidential buildings
shall comply with the following standards:
(c) Rooftop mechanical equipment less than three feet in height may be
exempt from screening requirements as determined by the Zoning Administrator.
Section 7: City Code Section 1201.03 Subd. 2. i. is hereby amended as follows:
1201.03 GENERAL PROVISIONS
-Subd. 2. i. Glare. Any lighting used to illuminate properties shall be subject to the
following limitations for glare. an off street parking area, sign or other structure shall be arranged as to
21
(1) Direct sk y re flected glare whefe-ffeni-fleedlights or from high
.Direct lighting of adjacent properties. The Luminairesso"rce oflights shall be
r full cut-off and shielded to deflect light away from any adjoining properties or public rights of
n�b w .so as not to directly light adjacent property or public rights-of-way. Bare ~e rides ent light ulbs_
h ll of be tte • f
\ ` vrtmr-rtvc-o�-pc�in-iTrrca-iiz=cry d�^-vr-cscc�uceirc-pivpvrr�-oi pu'o� ;;b.,. � :j'.
(2) Indirect lighting Wight or-combination off lighrt� ahich may not cast light
on:
(a) aA public street in excess of shall not exceed one foot-candle (meter
reading) as measured from the center curb line or edge of the paved of the-street.
(b) Any ii ht mbinatio,, of liRb.ts ..,hic cast light oOn adjacent
residential property in excess of shall „et exceed four-tenths (.4) foot-candles (meter reading) as measured
from the adjoining residential property line.
(c) Facade or landscape uplighting shall not exceed a total of 2,000 initial
light output lumens per façade. Flag floodlighting shall not exceed a total of 2,000 initial light output
lumens per flag. Lighting in excess of this amount is regulated in Section 1201.03 Subd. 2 v. (5).
Section 8: City Code Section 1201.03 Subd. 2. u is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. u. Impervious surface. Except as provided in(4),below,the maximum ratio of
impervious surface to lot area for all lots in the"S", Shoreland zoning district shall be 25%. The
maximum ratio of impervious surface to lot area for all lots that are not subject to "S"district requirements
shall be as follows:
(1) Residential uses in the R-1A through R-3B zoning districts: 33%;
(2) Governmental and public regulated utility buildings necessary for the health,
safety and general welfare of the community; public or semi-public recreational buildings,neighborhood or
community centers; public and private educational institutions; and religious institutions in the R-1A
through R-3B zoning districts: 66%,provided that:
(a) Improvements that will result in an increased rate of runoff directly
entering a public water shall have all structures and practices in place for the collection and treatment of
storm water runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan,
as may be amended;
(b) Measures for the treatment of storm water runoff and/or prevention of
storm water from directly entering a public water include such appurtenances as sediment basins (debris
basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm water
k inlets, oil skimming devices, and the like;
(3) Commercial districts (R-C, C-1, C-2, L-Rh_ C 1), not located in the
"S", Shoreland District: 66%,provided that:
(a) The proposed development of the site complies with all setback
requirements for the district in which it is proposed;
(b) Improvements that will result in an increased rate of runoff directly
entering a public water shall have all structures and practices in place for the collection and treatment of
storm water runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan,
as may be amended;
22
(c) Measures for the treatment of storm water runoff and/or prevention of
storm water from directly entering a public water include such appurtenances as sediment basins (debris
basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm water
inlets, oil skimming devices, and the like;
(d) The maximum ratio of impervious surface to lot area ratio shall not
exceed 75%.
(4) Commercial districts (R-C, through C-1, C-2, L-R) and T akeshore
D ecreational (T n`: located in the "S", Shoreland District: 25%. A conditional use permit may be granted
�k to exceed 25%, provided that:
(a) The proposed development complies with the requirements set forth
in (3)(a-d), above;
(b) The treatment measures referenced in(3)(c), above, shall be
consistent with the National Urban Runoff Program (NURP) guidelines, including, but not limited to, the
removal of 90%of total suspended solids and the removal of 60% total phosphorous.
(5) Planned Unit Development (PUD) districts shall be regulated based upon the
various uses within the PUD. Residential portions of the PUD shall be subject to the provisions of(1)
above, unless otherwise specified by the PUD. Commercial portions of the PUD shall be subject to the
provisions above of(3) or(4) above, unless otherwise specified by the PUD.
Section 9: City Code Section 1201.03 Subd. 2. v is hereby added as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. v. Lighting.
(1) The purpose of this Section is to establish lighting requirements that will: 1)
permit reasonable use of lighting for night-time safety, utility, security, productivity, enjoyment and
commerce, 2) minimize glare, obtrusive light and artificial sky glow by limiting outdoor lighting that is
misdirected, excessive or unnecessary, 3) conserve energy and resources to the greatest extent possible and
4)help protect the natural environment from the damaging effects of night lighting from man-made
sources.
(2) Applicability. All new outdoor lighting fixtures (luminaires) shall be
installed in conformance with this section, the provision of section 1201.03 subd. 11(Signs), section
1201.03 subd. 2, i. (Glare), as well as the latest rules, codes and regulations, including but not limited to
OSHA, National Fire Codes of Fire Protection association, Minnesota State Building Code and National
Electrical Code. The following is exempted from the regulations of this Section:
(a) Lighting on single- and two-family homes, townhouses, and multiple
family dwellings with six or fewer units. Lighting for these uses is subject to the regulations in Section
1201.03 Subd. 2. i. (Glare).
(b) Lighting in thepublic right-of-way installed by a government agency
or utility company.
(3) Submittal requirements. Any proposal for new lighting or a modification of
lighting shall be reviewed as a modification of site plan. The applicant shall submit a lighting plan and
fixture specification sheets showing compliance with all regulations in this section and section 1201.03
subd. 2. i. (Glare). Lighting plans shall be signed by a registered electrical engineer or lighting certified
professional by the National Council on Qualifications for the Lighting Professions. At a minimum, the
plans shall include the following:
(a) Name and location of the project.
23
(b,1 Name, mailing address, electronic address and phone number of the
professional preparing the plan and the developer or property owner.
(c) Scale of the plan (engineer scale only, no greater than one inch equals
60 feet.
(d) An accurate siteplan based on a survey, which includes all existing
and proposed land improvements including,but not limited to,buildings,parking lots, driveaisles and
driveways, streets,proposed and existing landscaping, walkways and accessory buildings and structures
and identifies the area of all existing and proposed impervious surfaces on the property.
(e) A photometric plan superimposed on the site plan with photometric
points no farther than 10 feet apart across the entire site and a minimum of ten feet or more(as may be
appropriate)beyond the property lines. Each point must be to the nearest 0.1 foot candle.
(f) A luminaire schedule table indicating each fixture with the initial light
output lumens, color rendering index, color temperature,backlight, uplight, glare and mounting height
(including base).
(4) General Performance Standards. In addition to the standards in Section
1201.03 Subd. 2. i. (Glare),the following shall apply:
%�( (a) Luminaire shielding and installation requirements. Luminaires
"`within 300 feet of a residential property line shall be equipped with side shielding(house side shielding),
CV except for the following: 1) full-cut off luminaires mounted at a height of 10 feet or lower, 2) lighting
fixtures that are blocked from residential view by an intervening building, and 3) lighting fixtures where the
grade of the lowest floor of the adjacent residential properties is above the mounting height of the
luminaire.
(b) Height Limits.
(i) Pole-mounted lighting. Lighting mounted on poles or other
non-building structures shall not exceed a height of 25 feet for parcels under two acres and 35 feet for
parcels over two acres. The height includes the base and the pole height.
(ii) Building-mounted lighting. Lighting mounted on buildings
may not exceed the tallest part of the building where the lighting is installed. The top exterior deck of
parking garages shall be treated as pole mounted lighting rather than as lights mounted to buildings.
(c) Lighting Quality. All permanently installed lighting shall have a
maximum correlated color temperature of 4100K.
(d) Lighting quantity and luminaire distribution. The based allowance
for lighting is three lumens per square foot of impervious surface coverage. The base allowance may be
increased for the following uses:
(i) Motor fuel sales: 4,000 lumens per pump island, as long as
the additional lumens are provided by luminaires that are fully recessed into a canopy.
(ii) Drive-up service windows: 2,000 lumens per service window.
(e) Limits to off-site impacts.
(i) Pole-mounted luminaires. All luminaires shall be rated and
installed according to the following table. A luminaire may be used if it is rated equal or lower in number
than the ratings provided below.
Mounting Condition Backlight Rating Glare Rating
Greater than 2 mounting heights from B4 G2
property line.*
Less than 2 mounting heights to 1 mounting B3 G1
height from the property and ideally oriented
Less than one mounting height from the B 1 GO
property line and ideally oriented
24
*Lighting that is not ideally oriented must be located a minimum of two mounting heights from the
property line.
(ii) Ornamental Building-Mounted Lighting. Ornamental
lighting is regulated in 1201.03 Subd. 2. i. (Glare).
(f) Prohibited lighting. Prohibited lighting includes mercury vapor
lamps, aerial lasers, luminaires mounted to aim light only toward a property line or public right-of-way or
other lighting in violation of Section 1201.03 Subd. 2. i. (Glare). Also prohibited are skytrackers or
searchlights unless approved by the City Council.
(g) Exempt lighting: The following luminaires and lighting systems are
exempt from the provisions of this section: lighting required and regulated by the Federal Aviation
Administration or other federal or state agency, temporary emergencies or road repair work for projects by
fire, police, rescue or repair personnel; pool and water feature lighting; code required exit signs; code
required lighting for stairs and ramps; and interior lighting,unless the interior lights spill out onto the
property.
(5) Special Purpose Lighting.
(a) Lighting systems not complying with the technical requirements of
tkthis Section but consistent with its intent may be installed for the following applications upon issuance of a
Conditional use permit. Each request for a conditional use permit shall be evaluated based upon the
\11,
'\' standards and criteria of Section 1201.04.
(i) Outdoor athletic fields and recreation areas.
(ii) Construction lighting.
(iii) National and State flag lighting with spotlights greater than
2,000 lumens.
(iv) Uplights for buildings beyond that allowed by Section 1201.03
Subd. 2. i. (Glare).
(v) Public monuments and buildings.
(b) General Performance standards for special purpose lighting.
(i) The applicant shall demonstrate that every reasonable effort to
mitigate light trespass and light pollution, supported by a signed statement from a registered engineer or by
a certified lighting professional describing the mitigation measures.
(ii) Complies with all the technical requirements of this section
after 10:30 p.m.
(6) Following installation of any lighting on a site, the engineer or lighting
professional who prepared the lighting plan shall certify in writing that the location, type, mounting height,
initial luminaire lumens, luminaire ratings and photometric data all comply with the approved lighting plan.
(7) Any new lighting installed after the effective date of this ordinance shall be in
compliance with the requirements of this Section. Any lighting in existence before the effective date of
this ordinance that does not comply with requirements shall be considered legally non-conforming.
However, if a property owner proposes to replace 50 percent or more of the existing exterior luminaires or
standards in any two--year period, the luminaires or standards must be replaced in conformance with this
Chapter.
25
Section 10: City Code Section 1201 .03 Subd. 3 c. is hereby amended as follows
1201.03 GENERAL PROVISIONS.
Subd. 3. Yard requirements.
c. The following shall not be considered as encroachments on required yard setbacks
for all lots:
(1) Chimneys, flues,belt courses, sills,pilasters, lintels, ornamental features,
cornices, eaves, gutters and the like,provided they do not project more than two feet into a required yard;
(2) For a detached, single-family,two-family or townhouse dwelling in any
residential zoning district,ramps and other devices for access to buildings and sites by disabled persons, in
compliance with the Americans with Disabilities Act,may encroach into any required front, side or rear
setback,provided that a front setback of not less than 20 feet, a rear setback of 20 feet, and side setbacks of
not less than five feet shall be maintained.
(3) For a detached, single-family, two-family or townhouse dwellings
constructed prior to May 19, 1986:,{a-)a one-story, enclosed entrance may extend into the front yard
setback not more than four feet. The entrance shall not exceed six feet in width.
(b)(4) For a detached, single-family or two-family dwelling in any residential
zoning district, Aa one-story, open deck or portico may extend into the front yard setback not more than
four feet,provided:
(i) The length of the portico shall not exceed 50% of the width of the
silhouette of the building, excluding eaves, as viewed from the street; and
(ii) This area shall not be enclosed nor screened with mesh, glass or other
similar material, except for guardrails no higher than 42 inches and at least 60%open.
(35) Uncovered Tterraces, patios steps, stoops, walkways or similar features,but
not including porches or balconies in front or rear yards,provided they are not covered by a roof, don't
extend above the entrance floor level of the building,or more than four and one-half feet into the required
side or rear yard. This allowance shall not apply to decks or other above grade improvements.
(46) Sidewalks and walkways in a front yard provided they are no wider than four
feet in width.
(7) Laundry drying and recreational equipment, arbors, trellises, in rear yards to
a point no closer than five feet from any lot line.
(86) One detached accessory building not exceeding eight feet in height,nor 100
square feet in area in the rear yard to a point no closer than five feet from any lot line.
(96) The minimum rear yard setback for swimming pools and a three-foot wide
pool apron shall be 60%of that which is required for the zoning district in which the pool is located. No
part of any pool, including guardrails, shall exceed six feet above grade in height. Decking and;patios and-
pool aprons shall not encroach into the required rear yard setback area. Rear yard setbacks for lakeshore
lots shall be as provided in § 1201.26 of this chapter.
(107) For residential districts, one recreational vehicle or piece of equipment may
be stored in required front yards; providedhat it is located won an approved driveway, it does not
take up required parking space as provided in subdivision 5h of this section, it is currently licensed and
operable and it is located no closer than 15 feet from the paved surface of the street. This provision shall
only apply when there is no practical way to store the vehicle or equipment within the buildable area of the
lot.
26
(11S) For cemeteries, grave sites may be located within front yards and side yards
abutting streets,no closer than 15 feet from the public right-of-way. Monuments for grave sites within
front yards or side yards abutting streets shall be limited to headstones flush with the ground.
I (129) Storage of trash receptacles for single-family and two-family dwellings may
extend into a required front yard setback or required side yard setback abutting a street no more than five
feet. Trash receptacles may be placed adjacent to the street, 12 hours prior to the designated refuse
•
ollection day, and must be removed no later than 12 hours after the designated refuse collection day.
li Cbt
(13A) Air conditioning and heating equipment shall not be located within drainage
and utility easements. Air conditioning and heating equipment on residential shoreline lots may encroach
into required side yards,but no closer than ten feet from the side lot line.
(13) Eg_ress pits or wells shall not be located within drainage and utility
easements. Egress pits or wells extending no wider than four feet may be located within the required front,
rear or side-yards setbacks abutting public streets, provided they project no more than four feet into the
required yard setback and the egress pit is no greater than 16 square feet.
Section 11: City Code Section 1201.03 Subd. 4 c. is hereby amended as follows
1201.03 GENERAL PROVISIONS.
I
Subd. 4. General area and building size regulations.
c. Height.
(1) The building height limits established herein for districts shall not apply to
the following:
(a) Belfries;
(b) Chimneys or flues;
(c) Church spires on religious institutions;
(d) Cooling towers,mechanical and air conditioning equipment when
screened from view;
(e) Cupolas and domes which do not contain useable space;
(f) Elevator penthouses;
(g) Flagpoles;
(h) Monuments;
(i) Parapet walls extending not more than three feet above the limiting
height of the building;
(j) Water towers;
(k) Poles, towers and other structures for essential services subject to
subdivision 10 of this section;
(1) Television and radio antennas not exceeding 20 feet above the roof.
Exception: ham radio antennas over 20 feet may be allowed by conditional use permit as provided for in §
1201.04 of this chapter, provided that:
(i) The ham radio must be licensed by the Federal
Communications Commission(FCC);
(ii) Construction of the antenna requires a building permit;
(iii) The antenna must be located within the buildable area of the
lot;
27
(iv) The antenna must be fenced or so designed as to be difficult to
climb;
Section 12: City Code Section 1201.03 Subd. 5 d. (6) is hereby amended as follows
1201.03 GENERAL PROVISIONS.
Subd. 5. Off-street parking requirements.
P- d. General provisions.
(6) Off-street parking facilities to incidental to residential use. Off-street parking
facilities incidental to residential use shall be utilized solely for the parking of currently licensed and
operable passenger automobiles, no more than one truck not to exceed gross capacity of 12,000 pounds and
recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to
residential structures be used for the storage of commercial vehicles or equipment or for the parking of
automobiles belonging to the employees, owners, tenants or customers of business or manufacturing
establishments.
Section 13: City Code Section 1201.03 Subd. 5 d. (8) (g) and (h) are hereby amended as
follows:
1201.03 GENERAL PROVISIONS.
Subd. 5. Off-street parking requirements.
d. General provisions.
(8) Stall, aisle and driveway design.
(g) Curb cut or driveway openings shall be at minimum five feet, not
15 including curb radius, from side or rear property lines. Any driveway proposed within a drainage and
autility easement shall require approval by the City Engineer and shall be a minimum of 10 feet from any
public utility main.
(h) Driveway access or curb openings on a public street except for single,
two-family, townhouse and quadraminium dwellings shall not be located less than 40 feet from one
another.
28
Section 14: City Code Section 1201.03 Subd. 5 h. (18) and (19) are hereby amended as
follows:
1201.03 GENERAL PROVISIONS.
Subd. 5. Off-street parking requirements.
h. Number of spaces required. The following minimum number of off-street parking
spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the
respective uses hereinafter set forth:
(18) School (public,private, or day or church) - elementary and junior
middlehigh:1\ three parking spaces for each classroom, or one space for each three seats of seating capacity
in the assembly area,whichever is greater;
(19) School (public,private, or day or church) -high school through college: two
parking spaces for each classroom, plus one space for each five students,based on design capacity, or one
space for each three seats of seating capacity in the assembly area,whichever is greater;
Section 15: City Code Section 1201 .03 Subd. 5 h. (28) is hereby amended as follows:
% 1201.03 GENERAL PROVISIONS.
4 Subd. 5. Off-street parking requirements.
(28) GIufshReligious Institution, theatre, auditorium and amusement place: -at
)+ least one parking space for each three seats based on the design capacity of the main assembly hall.
UU Facilities as may be provided in conjunction with the buildings or uses shall be subject to additional
requirements which are imposed by this section;
Section 16: City Code Section 1201.03 Subd. 5. i. (2) and (3) are hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 5. Off-street parking requirements.
i. Joint facilities. The City Council may approve a conditional use permit for one or
` ‘ more businesses to provide the required off-street parking facilities by joint use of one or more sites where
,C the total number of spaces provided are less than the sum of the total required for each business should they
provide them separately. When considering a request for a permit, the Council shall not approve a permit
except when the following conditions are found to exist:
(2) Up to 50%of the off-street parking facilities required for any use specified
(�, under(4)below as primarily daytime uses may be supplied by the parking facilities provided by the
p following nighttime or Sunday uses; ehtifehesreligious institutions,bowling alleys, dance halls, theatres,
bars or restaurants;
(3) Up to 80%of the parking facilities required by this chapter for a church
religious institution may be supplied by the off-street parking facilities provided by uses specified under(4)
below as primarily daytime uses;
29
Section 17: City Code Section 1201 .03 Subd. 7. b. and c. are hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 7. Building construction requirements.
b. Residential Districts.
(1) All detached accessory buildings in excess of 150 square feet in floor area
that are accessory to residential dwelling units shall be constructed with materials and a design compatible
with the general character of the principal structure on the lot. No accessory buildings shall be covered in
canvas or vinyl fabric. No accessory building in excess of 120 150 square feet in floor area shall be
constructed of sheet or corrugated steel, aluminum, asbestos or fiberglass_within a residentia' d,stric.
Except for approved wood foundations,no accessory building shall be constructed where wood poles are
the primary support for the roof system and form the foundation structure.
1^ (2) Single-family dwellings shall:
vJ (a) Be constructed upon a continuous perimeter foundation that meets the
requirements of the State Building Code;
UUU (b) Not be less than 30 feet in length and not less than 22 feet in width
over that entire minimum length. Width measurements shall not take account of overhang and other
projections beyond the principal walls;
(c) Have an earth covered, composition, shingled, tiled roof or built-up
roof as defined by the State Building Code; and
(d) Require a building permit. The application for a building permit in
addition to other information required shall indicate the height, size, design and the appearance of all
elevations of the proposed building and a description of the construction materials proposed to be used.
(3) The following shall not be used on exterior walls in residential districts:
(a) Smooth face concrete block(except as foundation material)
(b) Canvas or plastic sheeting(except for emergency repairs not to
exceed 30 days).
c. Commercial Districts.
(1) All buildingsconstructed e a z g district shall be finished on
all exterior walls with the following permanent finish materials:
(a)(1) Brick;
(b)(2) Natural stone;
(c)( Decorative concrete block(e.g. split face, ribbed, textured);
(d)(4) Cast in place concrete or precast concrete panels;
(e)(5) Wood,provided surfaces are finished for exterior use and only woods
of proven exterior durability are used, such as cedar,redwood and cypress;
(f)(6) Curtain wall panels of steel, fiberglass and aluminum(nonstructural
nonload-bearing),provided the panels are factory fabricated and finished with a permanent durable nonfade
surface and their fasteners are of a corrosion resistant design and provided further that no more than one-
third of the wall surface abutting a public street or adjacent to a residential or public area consists of the
panels;
(g)(7 Glass curtain wall panels..-i
(h) Stucco and similar products:-
(i) Other materials as determined by the City Council.
(2) No building within a commercial zoning district shall be:
(a) eConstructed of sheet or corrugated steel, aluminum, asbestos, or
fiberglass within „ o ' g district
30
Cr
(b) Except for wood foundations, no building shall be constructed where
wood poles are the primary support for the roof system and form the foundation structure.
Section 18: City Code Section 1201 .03 Subd. 11. b. are hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 11. Signs.
b. Permitted and prohibited signs.
(1) Permitted signs. The following signs are allowed without a permit,but shall
comply with all other applicable provisions of this chapter:
(a) Public signs;
(b) Address signs;
(c) Integral signs;
(d) Every campaign sign must contain the name and address of persons
responsible for the sign, and that person shall be responsible for its removal. Signs shall be permitted on
each lot for a period of 100 days prior to and ten days after an election. All campaign signs or other
noncommercial speech signs may be posted from 46 days before the state primary in a state general
election year until ten days following the state general election,pursuant to M.S. § 211B.045. Signs posted
both during and after this time period are subject to all other applicable requirements in this subdivision. At
any time, the city shall have the right to remove signs that are prohibited under this subdivision, and assess
a fee as provided from time to time by ordinance. Campaign signs or other noncommercial speech signs
shall not be located closer than ten feet from any street surface, and shall not be placed in front of any
property without the consent of the property owner;
(e) Holiday signs, displayed for a period not to exceed 30 days and no
larger than 32 square feet in area;
(f) Construction signs. The signs shall be confined to the site of the
construction, alteration or repair and shall be removed within two years of the date of issuance of the first
building permit or when the particular project is completed, whichever is sooner as determined by the City
Building Official or his or her agent. One sign shall be permitted for each major street the project abuts. No
sign may exceed 50 square feet;
(g) Real estate sale or rental signs. Signs must be removed within 14 days
after sale or rental of property. Signs may not measure more than six square feet in Residential Districts,
nor more than 20 square feet in all other districts. There shall be only one sign per premises. Corner
properties,however, may contain two signs, one per frontage. Lakeshore lots may contain two signs, one in
the front and one facing the lake;
(h) Informational/directional signs shall not be larger thanlimited to three
1.1 square feet in area and eight feet in height and shall conform to the location provisions of the specific
district;
(i) Owner-occupant signs. One residential name sign, not to exceed two
square feet in area, identifying only the name of the owner or occupant of a residential building.
31
Section 19: City Code Section 1201.03 Subd. 11. c. (10) are hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 11. Signs.
c. General provisions.
(10) The regu contained herein not apply to traffic ns or the flag,
separate emblem, or insignia of a nationlations,political unit, school orshall religious group, or integralsig signs. There
shall be no more than one United States flag and no more than three other non-commercial flags. Nor
shall these regulations pertain to a sign inside a building,provided the sign is at least three feet in back of
the inside of the exterior wall and is readable from the inside of the building.
Section 20: City Code Section 1201 .03 Subd. 11. e. (3-4) are hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 11. Signs.
e. District regulations. The following sign standards by zoning district pertain to signs
which require application and permit.
(3) C-1 and C-2 Commercial Districts. Subject to other conditions of this
chapter, the following signs shall be allowed in the C-1 and C-2 Districts.
(f) Menu boards. One menu board sign digital order confirmation sign
itand one menu board sign per restaurant use with a drive-up facility may be allowed in conjunction with a
conditional use permit. The menu board shall not exceed 32 square feet in area, nor more than eight feet in
height, and may be in addition to the freestanding sign on the property. The digital order confirmation sign
shall not exceed seven square feet and no advertising signage may be placed on the supports or frame of the
sign. Lettering size on the menu board shall not exceed two inches in height.
(4) Signs permitted in the PUD Planned Unit Development District.
(a) Signs permitted in PUDs shall be as approved by the City Council for
each development and shall be consistent with the requirements for the district most closely associated with
each use in the PUD.
(b) For PUDs containing 20 acres or more of land, the city may allow
larger construction signs than those allowed in b.(1)(f) of this subdivision. In determining the size and
allowable area of signs in a PUD, the city shall take into consideration the functional classification and
designated speed limit of adjacent roads and potential impact on adjoining residential areas. In no case
shall the total allowable area of construction signs exceed three square feet for each acre of land within the
PUD. The total area of the sign shall not exceed 100 square feet and no individual sign shall exceed 80
square feet.
32
Section 21: City Code Section 1201.03 Subd. 11. f is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 11. Signs.
f. Permit issuance;fees.
(1) No permanent sign shall be erected in the City of Shorewood until a permit to
do so has been approved by the Zoning Administrator and issued by the office of the Building Official
(signs stipulated in b.(1) above shall be exempt from this requirement). No permit shall be granted until the
necessary fee has been paid and until the Building Official, or staff rcprescntativchis/her designee, has
made a preliminary inspection of the sign before installation and has ascertained that the sign and method
Gk,
of installation comply with all requirements of this chapter. The Building Official may require that detailed
plans and specifications be submitted with the application if necessary in his or her judgment. Following
permit issuance and sign erection, the Building Official shall make a final inspection of the sign, and if it
complies in every respect with the minimum standards set forth in this chapter, shall endorse on the permit
his or her certificate of approval.
(2) No temporary sign shall be erected in the City of Shorewood until a zoning
permit to do so has been approved by the Zoning Administrator, consistent with 1201.07 subd. 7 of this
chapter. No zoning permit shall be granted until the necessary fee has been paid. The Zoning
Administrator may require an inspection to determine that the sign has been installed in compliance with
the minimum standards set forth in this chapter or to confirm removal as directed in the zoning permit.
Section 22: City Code Section 1201 .03 Subd. 12. d. (4) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 12. Home occupations.
d. Requirement. General Provisions. All home occupations shall comply with the
following general provisions and according to classification, the applicable requirement provisions.
(4) Prohibited home i Auto Vehicle repair, wh for
consideration or not, of vehicles which are not registeredoccupatons.to a resident of the dwellinghet, excepter as allowed by
Section 502.04., or to a son or daughter, sibling, parent, grandparent er grandchil of a reside„t on the
may.
Section 23: City Code Section 1201.03 Subd. 20. b. (9) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 20. Elderly housing.
b. Conditional use. Elderly housing shall be allowed by conditional use permit in the
following zoning districts: R-1A, R-1B, R-1C, R-1D, R-2A, R-2B, R-2C, R-3A, R-3B and R-C. In addition
the following conditions shall apply:
(8) Elderly housing:
(a) Two-family, Qquadraminium, or Ttownhouse or cottage style
housing: two parking spaces per unit.
3
33
(b) Apartments: one and one-half parking spaces per unit, plus proof of
parking demonstrating the ability to provide two spaces per unit.
(c) R-3A, R-3B and R-C: 12 units per acre.
(d) For purposes of calculating density, assisted living units shall be
counted as one-half unit.
Section 24: City Code Section 1201.03 Subd. 21. b. (1) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 21. Telecommunications towers and facilities.
b. Development of towers.
(1) A tower shall be a conditional use in the C-31, General Commercial and C-
42,Commercial Service Commercial Zoning Districts. A tower may not be constructed unless a conditional
use permit has been issued by, and site plan approval obtained from; the City Council and a building permit
issued by the Building Official.
Section 25: City Code Section 1201.03 Subd. 23. b. (2) (g) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 23. Renewable energy.
b. Solar energy systems.
(2) Standards.
(g) Maximum area. In residential zoning districts and residential PUDs,
ground-mounted solar energy systems shall be limited to a single array with a maximum area of 120 square
feet in area-feetprint. In other zoning districts, ground-mounted solar energy systems shall be limited to a
maximum area consistent with the accessory structure limitations or no more than 25% of the rear yard,
whichever is less.
Section 26: City Code Section 1201.04 Subd. 1. is hereby amended as follows:
1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS.
Subd. 1. Procedure.
a. Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit
shall be approved or denied within 60 days from the date of its official and complete submission unless
1 A
extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes
15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed
60 additional days, provided written notice of such extension is provided to the applicant before the end
of the initial 60 day period.
b. a. -Application. Requests for text or map amendments to this
Chapter or conditional use permits, as provided within this chapter, shall be filed with the Zoning
34
Administrator on an official application form. The application shall be accompanied by a fee as provided
for by City Council ordinance. This fee shall not be refunded. The application shall also be accompanied by
five two copies of detailed written and graphic materials fully explaining the proposed change,
development or use.
bc. Staff review/technical assistance reports. Upon receipt of an complete application for
an amendment or conditional use permit, the Zoning Administrator shall,when deemed necessary, refer the
request to appropriate staff to insure that informational requirements are complied with. When all
informational requirements have been complied with,the request shall be considered officially submitted.
Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports and/or provide general assistance in preparing a recommendation on the request to
the Planning Commission and City Council.
(1) Notwithstanding anything to the contrary in this chapter, all applications for
any site plan, conditional use permit, land use permit, variance, or for any other city approval required by
this chapter, or to amend this chapter, shall be made in writing on a form provided by the city, if the city
has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any
incomplete application within 15 business days of receipt if the application is incomplete, stating the
reasons or its rejection, including what information is missing. This rejection shall be sent by first-class
mail to the applicant. Every application shall contain the legal description of the property and a statement
of the specific permit or action being sought. Nothing in this section shall be deemed to prevent the city
� om requesting additional information from the applicant upon which to base a decision.
(' (2) If a dispute arises over a specific fee imposed by the city,the amount of the
/� l���fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court,
13 as provided by M.S. § 462.361, as it may be amended from time to time. The application shall proceed as
if the fee had been paid,pending a decision of the court.
ed. Public hearing. Upon official submission of the request,the Zoning Administrator
shall set a public hearing on the request for a regularly scheduled Planning Commission meeting occurring
act te„ __orking days from the date otiee of the l eaF ng is and published a notice in the official
newspaper no less than 10 days prior to the hearing. The notice shall contain a
and-description of the request and the time and place of the public hearing a„a "hal be„„blisbe.a „o more
tha„ 30 d ys a„a „„ less tha„ te„ days „ r-to the hearing Written notification of the hearing shall also be
mailed at least ten working days prior to the date of the hearing to all owners of land within 500 feet of the
boundary of the property related to a conditional/interim use permit and 750 feet of the boundary of the
property related to an amendment. Failure of a property owner to receive the notice shall not invalidate any
proceedings as set forth within this chapter.
d-e. Referral to City Council. Upon receipt of the Planning Commission report and
recommendation, the Zoning Administrator shall place the request and any report and recommendation on
the agenda of the next regularly scheduled meeting of the City Council.
ef. City Council action. Upon receiving the request and any report and
recommendation of the Planning Commission and the city staff, the City Council shall have the option to
set and hold a public hearing if deemed necessary and shall make a recorded finding of fact.
(1) Approval of a request for a zoning district amendment, where the
classification of a property will change from residential to commercial,shall require passage by a four-fifths
vote of the full City Council. Requests for all other zoning district amendments, text amendments and
conditional use permits shall require a simple majority vote of the full City Council.
(2) In the case of a conditional use permit,the Council may impose any condition
it considers necessary to protect the public health, safety and welfare.
(3) In the case of an amendment,the amendment shall not become effective until
the time as the City Council approves an ordinance reflecting the amendment and after the ordinance is
35
published in the official newspaper.
(4) Whenever an application for an amendment or conditional use permit has
been considered and denied by the City Council, a similar application for the amendment or conditional
use permit affecting substantially the same property shall not be considered again by the Planning
Commission or City Council for at least six months from the date of its denial; a subsequent application
affecting substantially the same property shall likewise not be considered again by the Planning
Commission or City Council for an additional six months from the date of the second denial, unless a
decision to reconsider the matter is made a simple majority of the full City Council.
Section 27: City Code Section 1201.04 Subd. 3. b. and c. are hereby amended as follows:
1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS.
Subd. 3. Conditional use permit.
b. Informational requirement. The information required for all conditional use permit
applications generally consists of the following items and shall be submitted
eitywith the application.
(1) Certified survey prepared by a registered licensed surveyor, at a scale of one
inch to ten feet, 20 feet, 30 feet, 40 feet, 50 feet or 60 feet, which shall include,but not be limited to:
(a) The location and dimensions of boundary lines,buildings, structures,
N.\topography, wetlands, and similar features, etc.;
(b) The distance between boundary lines and buildings, structures and
other improvements;
(c) The location of add adjacent buildings located within 20 feet of the
exterior boundaries of the property in question;
(c) The area of the lot and a detailed description of the existing and
proposed impervious surface coverage;
(c) The legal description of the property indicating the existing;
(c) Any public or private easements;
(d) Any municipal utilities,private wells or private on-site wastewater
treatment systems, and other utilities.
(2) Site development plans at a scale of one inch to ten feet, 20 feet, 30 feet, 40
feet, 50 feet or 60 feet (unless indicated otherwise),which shall include:
(a) Location and dimensions of all proposed buildings on lots;i ding
and the distance between proposed buildings and structures to
property lines;
(b) T t' 11 d' cent builmldings local d witrminr500-feet
exterior boundaries of the property in question;
(c) Location and number of existing and proposed parking spaces;
(ed) Vehicular circulation and dimensions;
(de) Architectural elevations (type and materials used in all external
surfaces) and concept floor or room plans at a scale of one inch to 4 foot, 8 foot, 16 foot or as may be
appropriate as determined by the Zoning Administrator;
(e ) Leeatien-and-eandle-pewer-ef-all-iliuminateruLighting plan consistent
with Section 1201.03 Subd. 2. v. of this Chapter;
(fg) Curb cuts, driveways, number of parking spaces,;-
(2) Dimension plan, which shall include:
36
(a) Lot dimensions and area;
(b) Dimensions of proposed and existing structures;
(c) "Typical" floor plan and "typical"room plan;
(d) Setbacks of all buildings located o port y; estion•
(e) Proposed setbacks;
(f) Sanitary sower and water plan with estimated use per day;
(3) Grading plan,which shall include:
(a) Existing contour;
(b) Proposed grading elevations;
(c) Drainage configuration;
(d) Storm sewer catch basins and invert elevations;
(e) Spot elevations;
(f) Proposed road profile;
._ (g) Graphic Scale: All plans shall be expressed as one inch to ten feet,
A\ 0 feet, 30 feet, 40 feet, 50 feet or 60 feet.
\' (4) Landscape plan, which shall include:
(a) Location of all existing trees, type, diameter and which trees will be
)1 ,v removed;
(b) Location, type and diameter of all proposed plantings;
(c) Location of and material used for all screening devices;
(5) Legal descrtio., f�prorerty, nder , sider.ation•
(6) Proof of ownership of the land for which a conditional use permit is
requestedi
(6) A narrative indicating the proposed use, operational features of the use
including,but not limited to, hours of operation, number of employees, etc., and compliance with Section
1201.04 Subd. 1 d. of this Chapter;
(7) Any information required by the applicable zoning district;
(8) Other information as determined by the Zoning Administrator or City
Council.
c. Lapse of conditional use permit by non-use. Whenever, within one year after
granting a conditional use permit, the use as permitted by the permit shall not have been completed or
utilized, then the permit shall become null and void unless a petition for an extension of time in which to
complete or utilize the use has been granted by the City Council. The extension shall be requested in
writing and filed with the Zoning Administrator at least 30 days before the expiration of the original
conditional use permit. There shall be no charge for the filing of the petition. The request for extension
shall state facts showing all efforts to complete or utilize the use permitted in the
conditional use permit. The petition shall be presented to the Planning Commission for a recommendation
and to the City Council for a decision.
Section 28: City Code Section 1201.05 Subd. 3. b is hereby amended as follows:
1201.05 Administration, Variances and Appeals
Subd. 3. Variances
b. Procedure.
r /
(1)_ Pursuant to Minnesota Statutes 15.99, an application for a variance shall be
' 'J 37
approved or denied within 60 days from the date of its official and complete submission unless
extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota
Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not
to exceed 60 additional days, provided written notice of such extension is provided to the applicant
before the end of the initial 60 day period.
(4)(2) Application. Requests for variances, as provided within this chapter, shall be filed
with the Zoning Administrator on an official application form.The application shall be accompanied by a
fee as provided for by City Council resolution. The application shall also be accompanied by three copies
of a survey signed by a land surveyor licensed in the State of Minnesota, and detailed written and graphic
materials fully explaining the proposed change, development or use.
(2)(3) Staffreview/technical assistance reports.Upon receipt of an application for variance,
the Zoning Administrator, or designee,may request additional information or may obtain outside expert
advice at the consent and expense of the applicant. When all informational requirements have been
complied with, the request shall be considered officially submitted. The Zoning Administrator, or
designee, shall prepare technical reports and/or provide general assistance in preparing a recommendation
on the request to the Planning Commission and City Council.
(-344) Public meeting. Upon official submission of the request, the Zoning Administrator
shall schedule a public meeting on the request for a regularly scheduled Planning Commission meeting
occurring at least ten
days from the date written notification of the public meeting is sent to all property owners
within 500 feet of the boundary of the subject property. Failure of a property owner to receive the notice
shall not invalidate any proceedings as set forth within this chapter.
(4)(5) Planning Commission action. The Planning Commission shall conduct the public
meeting,at which time the applicant or a representative thereof may appear to answer questions concerning
the proposed request. The Planning Commission shall also take public testimony.
(a) The Planning Commission shall consider possible adverse effects of
the variance. In the case of a variance request, the Planning Commission's judgment shall be based upon
(but not limited to)the conditions set forth in subdivision 3.a. of this section.
(b) The Planning Commission and city staff shall have the authority to
request any additional information from the applicant deemed necessary to establish performance
conditions pertaining to the request with the consent and at the expense of the applicant.
(c) The Planning Commission shall make a finding of fact and
recommend the actions or conditions relating to the request as they deem necessary to carry out the intent
and purpose of this chapter. The recommendation shall be in writing and accompanied by any report and
recommendation of the city staff. The written recommendation of the Planning Commission shall be
forwarded to the City Council.
(5)(6) Referral to City Council. Upon receipt of the Planning Commission report and
recommendation,the Zoning Administrator shall place the request and any report or recommendation on
the agenda of a regularly scheduled meeting of the City Council.
(6)(:71_City Council action. Upon receiving the request and any report or recommendation
of the Planning Commission and the city staff, the City Council shall make a recorded finding of fact.
38
(a) Approval of a request shall require passage by a simple majority
vote of a quorum of the City Council.
(b) The Council may impose any condition it considers necessary to
protect the public health,safety and welfare,provided such conditions are directly related to and bear a rough
proportionality to the impact of the variance.
(c) Whenever an application for a variance has been considered and
denied by the City Council, a similar application for the variance affecting substantially the same property
shall not be considered again by the Planning Commission or City Council for at least six months from the
date of its denial; and a subsequent application affecting substantially the same property shall likewise not
be considered again by the Planning Commission or City Council for an additional six months from the
date of the second denial,unless a decision to reconsider the matter is made by not less than a simple majority
vote of a quorum of the City Council.
Lapse of variance. Whenever within one year after granting a variance,
the use as permitted by the variance shall not have been completed or utilized, then the variance shall
become null and void unless a petition for extension of time in which to complete or to utilize the use has
been granted by the City Council.The extension shall be requested in writing and filed with the Zoning
Administrator at least 30 days before the expiration of the original variance.There shall be no charge for
the filing of the petition.The request for extension shall state facts showing a good f it" attemptall efforts
to complete or utilize the use permitted in the variance. The Zoning Administrator shall present the
request to the City Council for a decision.
(8 (9) Appeal. Any person aggrieved by any decision of the City Council shall
have the right to seek review of the decision with a court of record in the manner provided by the laws of
the State of Minnesota, and particularly M.S. Chapter 462.
Section 29: City Code Section 1201.07 Subd. 2. is hereby amended as follows:
1201.07 ADMINISTRATION, CERTIFICATE OF OCCUPANCY.- AND ZONING PERMITS.
Subd. 2. Zoning permits. A zoning permit shall be required for activities that do not require building
permits but for which it is necessary to determine compliance with zoning requirements such as setbacks,
A impervious surface coverage, structure height, and the like. Pursuant to Minnesota Statutes 15.99, an
Vt, application for a zoning permit shall be approved or denied within 60 days from the date of its official
and complete submission unless extended pursuant to Statute or a time waiver is granted by the
applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day
time limit by a time period not to exceed 60 additional days, provided written notice of such extension
is provided to the applicant before the end of the initial 60 dayperiod. The permit shall expire within
six months if the applicant has not completed the project. :Items requiring a zoning permit include the
following:
39
a. Accessory buildings less than 120 square feet in area that do not require building
permits.
b. Driveways.
c. Sport and tennis courts.
d. Retaining walls higher than three feet(no separate permit required when a building
permit is required for grading).
e. Above-ground fireplaces and cooking facilities,but not including portable
appliances.
f. Irrigation systems.Residential decks that do not require building permits, as well as
le
6, patios, terraces, sidewalks, steps, stoops, and other similar at-grade improvements.
g. Playground equipment or systems occupying more than 64 square feet of ground
(/// area or exceeding six feet in height.
h. Underground animal control fences.Fences as regulated by Section 1201.03 subd. 2
f.
i. Temporary Signs. T a ectea f r-mo than two eeks _ µ ,2
month period.
j. Portable storage facilities not associated with a valid building permit and located on
property for more than 30 days in a 12-month period.
k. Ground-mounted solar energy systems not requiring a building permit, consistent
with Section 1201.03 Subd. 23.
(1987 Code, § 1201.07; Am. Ord. 501,passed 3-25-2013)
Section 30: City Code Section 1201.10 Subd. 2. is hereby amended as follows:
1201.10 R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT.
Subd. 2. Permitted uses. The following are permitted uses in an R-1A District:
a. Public parks, public playgrounds;public recreational areas,—and public wildlife
areas and game refuges;
b. Single-family detached dwellings;
13/\ c. Essential services not exceeding 40 feet in height;
d. Single-family detached dwellings used as residential facilities, as defined by §
1201.02, licensed by the state and serving six or fewer persons;
e. Single-family detached dwellings used as day care facilities, as defined by §
1201.02, licensed by the state and serving ten or fewer persons.
Section 31: City Code Section 1201 .10 Subd. 4. is hereby amended as follows:
1201.10 R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R-1A District: (Requires
a conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
a. Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the community, provided that:
40
(1) When abutting a residential use in any residential use district, the property is
screened and landscaped in compliance with § 1201.03, Subd. 2.g. of this chapter;
(2) The provisions of§ 1201.04, Subd. 1.d.(1) are considered and satisfactorily
met;
b. Public or semi-public recreational buildings and neighborhood or community
centers; public and private educational institutions limited to elementary, ' fiddle and senior high
schools; and religious institutionssuch churches, chape's, temples and synagog„es,provided that:
(1) Side yards shall be double that required for the district,but no greater than 30
'-i'let;
(2) Adequate screening from abutting residential uses and landscaping is
provided in compliance with § 1201.03, subdivision 2g;
(3) Adequate off-street parking and access is provided on the site or on lots
directly abutting or directly across a public street or alley to the principal use in compliance with § 1201.03,
subdivision 5 and that the parking is adequately screened and landscaped from surrounding and abutting
residential uses in compliance with § 1201.03, subdivision 2g;
(4) Adequate off-street loading and service entrances are provided and regulated
where applicable by § 1201.03, subdivision 6;
(5) The provisions of§ 1201.04, subdivision ld(1) are considered and
satisfactorily met.
Section 32: City Code Section 1201.11 Subd. 4. is hereby amended as follows:
1201.11 R-1B, SINGLE-FAMILY RESIDENTIAL DISTRICT.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R-1B District: (Requires
a conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
a. Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the community,provided that:
(1) When abutting a residential use in a residential use district, the property is
56 screened and landscaped in compliance with § 1201.03, subdivision 2g;
(2) The provisions of§ 1201.04, subdivision ld(1) are considered and
satisfactorily met;
b. Public or semi-public recreational buildings and neighborhood or community
centers; public and private educational institutions limited to elementary, middle gh-and senior
high schools; and religious institutions s s churches, chapels, tem„les and provided that:
(1) Required side yards shall be double that required for the district,but no
greater than 30 feet;
(2) Adequate screening from abutting residential uses and landscaping is
provided in compliance with § 1201.03, subdivision 2g;
(3) Adequate off-street parking and access is provided on the site or on lots
directly abutting or directly across a public street or alley to the principal use in compliance with § 1201.03,
subdivision 5 and that the parking is adequately screened and landscaped from surrounding and abutting
residential uses in compliance with § 1201.03, subdivision 2g;
(4) Adequate off-street loading and service entrances are provided and regulated
where applicable by § 1201.03, subdivision 6;
41
(5) The provisions of§ 1201.04, subdivision ld(1) are considered and
satisfactorily met.
Section 33: City Code Section 1201.14 Subd. 2. is hereby amended as follows:
1201.14 R-2A, SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT.
Subd. 2. Permitted uses. The following are permitted uses in an R-2A District:
a. Single-family detached dwellings;
'hCk b. Two-family dwellings;
c. Single-family detached dwellings used as residential facilities, as defined by §
1201.02 of this chapter, licensed by the state and serving six or fewer persons;
d. Single-family detached dwellings used as day care facilities, as defined by § 1201.02
of this chapter, licensed by the state and serving ten or fewer persons;
e. Public parks and public playgrounds;
f. Essential services.
Section 34: City Code Section 1201.19 Subd. 4. h. (5) is hereby amended as follows:
1201.19 R-C,RESIDENTIAL/COMMERCIAL DISTRICT.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R-C District: (Requires a
conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
h. Self-storage facility, as defined in this chapter,provided that:
(5) The lighting shall be_ hooded and s„ directed s„ that it is not visible from the
0 consistent with Section 1201.03 Subd. 2. v. of
this Chapter;
Section 35: City Code Section 1201.22 Subd. 2. is hereby amended as follows:
1201.22 C-1, GENERAL COMMERCIAL DISTRICT.
Subd. 2. Permitted uses. The following are permitted uses in a C-1 District:
a. Trade and services. Retail stores,personal service or business service
establishments, including the following and other similar uses:
(1) Amusement places (such as dance halls or roller rinks) and commercial
recreation;
(2) Antique, resale or gift shop;
I \ (3) Apparel sales;
(4) Art and school supplies and picture framing;
(5) Art gallery and sales;
42
(6) Auto accessory store;
(7) Bakery goods and baking of goods for retail sales on the premises;
(8) Bank, savings and loan, savings credit unions and other financial institutions;
(9) Barber shops;
(10) Beauty parlors;
(11) Bicycle sales and repair;
(12) Books, office supplies or stationery stores;
(13) Bowling alleys;
(14) Camera and photographic supplies;
(15) Candy, ice cream,popcorn,nuts, frozen desserts and soft drinks;
(16) Catering establishments;
(17) Coffee houses;
(18) Coin and philatelic stores;
(19) Commercial tutoring and learning centers;
(20) Computer and business machine sales or service stores;
(21) Convenience grocery stores (not supermarket type and without motor fuel);
(22) Copy service,printing service and newspaper offices;
(23) Day spas;
(24) Delicatessen;
(25) Department and discount stores;
(26) Drugstore;
(27) Dry cleaning, including plant accessory thereto,pressing and repairing;
(28) Electrical home appliance stores,including incidental repair and assembly
but not fabricating or manufacturing;
(29) Employment agencies;
(30) Enclosed boat and marine sales;
(31) Essential services;
(32) Floor covering stores;
(33) Florist shop;
(34) Furniture stores;
(35) Garden supply stores;
(36) Gift or novelty stores;
(37) Government and public utility buildings;
(38) Grocery store, supermarket(but not including sales from moveable,
motorized vehicles);
(39) Hardware;
(40) Hobby and craft store;
(41) Home entertainment and electronics sales;
(42) Insurance sales;
(43) Interior decorating studios;
(44) Jewelry stores;
(45) Laundromat, self-service washing and drying;
(46) Leather goods and luggage stores;
(47) Liquor, on and off sale;
(48) Locksmiths;
(49) Massage therapy services, licensed pursuant to Chapter 311 of this code;
(50) Meat market,but not including processing for a locker plant;
43
(51) Motels, motor hotels and hotels,provided that the lot contains not less than
500 square feet of lot area per unit;
(52) Motor vehicle and recreational equipment sales and structures;
(53) Offices - commercial and professional, including chiropractic,medical,
dental and laboratories accessory thereto;
(54) Optical stores and laboratories accessory thereto;
(55) Paint and wallpaper sales;
(56) Pest control services;
(57) Pet sales, supplies and grooming;
(58) Photography studios;
(59) Plumbing,heating, ventilation and air conditioning, electrical sales, and the
repair thereof as an accessory use to the retail establishment permitted within this district,but not including
fabricating or manufacturing;
(60) Private clubs or lodges serving food and beverages;
(61) Public utility collection offices;
(62) Real estate sales;
(63) Record-music shops;
(64) Recreation-personal fitness;
(65) Religious institutions;
(66) Restaurants and cafes,not including drive-in facilities;
\ (676) Shoe stores and shoe repair;
(687) Sporting goods sales;
V (698) Tailor shops;
(6970) Tanning salons;
(710) Theatres,not of the outdoor drive-in type;
(724) Tobacco Sshops;
(732) Toy stores;
(743) Travel bureaus, transportation ticket offices;
(754) Veterinary clinic with indoor overnight care and indoor kennels;
(765) Electronic media rental and sales;
b. Commercial parking garages, ramps and lots for passenger vehicles only,provided
stacking space is provided within the structure or lot for holding cars awaiting entrance, which stacking
space shall have a capacity of no less than two vehicles;
c. Adult establishments, subject to the requirements of Chapter 309 and Chapter 509 of
the city code, as may be amended;
d. Public parks and public open space;
de. Uses similar to those enumerated in a. above,but not included in the listing, shall be
subject to review and recommendation by the Planning Commission and approval by the City Council. It
is the responsibility of the applicant to demonstrate that a particular use is consistent with the uses listed
above, including,but not limited to, traffic,hours of operation,noise, signage and the market intended to be
served.
44
Section 36: City Code Section 1201 .22 Subd. 4. is hereby amended as follows:
1201.22 C-1, GENERAL COMMERCIAL DISTRICT.
Subd. 4. Conditional uses. The following are conditional uses allowed in a C-1 District: (Requires a
conditional use permit based on procedures set forth in and regulated by § 1201.04.):
a. Convenience store or grocery store with motor fuel sales (no vehicle service or
repair),provided that:
(1) Retail sales shall be limited to those allowed in this district(C-1);
(2) Take out food: Convenience/deli food is of the take-out type only and no
provision for seating or consumption on the premises is provided. Furthermore,the enclosed area devoted
to such activity,use and merchandise shall not exceed 20% of the gross floor area;
(3) Litter control: The operation shall be responsible for litter control within
500 feet of the property line on a daily basis.
(4) Any outdoor sales, display or storage shall be subject to a separate
conditional use permit, as provided for in this section;
(5) Hours of operation: The hours of operation shall be limited to between 6:00
A.M. and midnight unless extended by the City Council;
(6) Motor fuel facilities shall be subject to a separate conditional use permit as
provided for in this section;
(7) For facilities constructed after -July 21, 2006, the architecture of the
proposed buildings shall have a residential character. Specifically,roofs, including accessory canopies,
shall have a minimum pitch of 4:12 (four feet vertical per twelve feet horizontal);
1)..... a flat roof (8) For facilities constructed prior to July 21, 2006, if the principal structure has
\\
, an accessory canopy may also have a flat roof.
b. Drive-in facility or convenience food establishment,provided that:
(1) The architectural appearance and functional plan of the building and site shall
not be out of character with the existing buildings or area so as to cause impairment in property values or
constitute a blighting influence within a reasonable distance of the lot;
(2) At the boundaries of a residential district, a strip of not less than five feet
shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.;
(3) Each light standard island and all islands in the parking lot are landscaped or
covered;
(4) Parking areas shall be screened from view of abutting residential districts in
compliance with § 1201.03, Subd. 2.g.;
(45) Parking areas and driveways shall be curbed with continuous curbs not less
than six inches high above the parking lot or driveway grade;
(56) Vehicular access points shall be limited, shall create a minimum of conflict
with through traffic movements, shall comply with § 1201.03, Subd. 5. and shall be subject to the approval
of the City Engineer;
(6;) All lighting shall be hooded and so directed that the light source is not visible
from the public right of way or from an abutting residence and shall be in complianccconsistent with §
1201.03, Subd. 2.iv.;
(7g) The entire area shall have a drainage system which is subject to the approval
of the City Engineer;
(89) The entire area other than occupied by buildings or structures or planting
shall be surfaced with a material which will control dust and drainage and which is subject to the approval
of the City Engineer;
45
(94-0) All signing and information or visual communication devices shall be in
compliance with § 1201.03, Subd. 11.;
(104-) The provisions of§ 1201.04, Subd. 1.d.(1) are considered and satisfactorily
met;
c. Commercial car washes (drive through,mechanical and self-service),provided that:
(1) The architectural appearance and functional plan of the building and site shall
not be out of character with the existing buildings or area so as to cause impairment in property values or
constitute a blighting influence within a reasonable distance of the lot;
(2) Stacking space is constructed to accommodate that number of vehicles which
can be washed during a maximum 30 minute period and shall be subject to the approval of the City
Engineer;
(3) At the boundaries of a residential district, a strip of not less than five feet
shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.;
(1) -
covered;
(45) Parking or car stacking space shall be screened from view of abutting
residential districts in compliance with § 1201.03, Subd. 2.g.;
(56) The entire area other than occupied by the building or plantings shall be
surfaced with material which will control dust and drainage which is subject to the approval of the City
ngineer;
0) The entire area shall have a drainage system which is subject to the approval
lathe City Engineer; (78) All lighting shall be l a a `"a rectea `hat the light V V M`.. -V... `
bl th Y bl b ht J a from abutting side„ee and shall be: m• lianceconsistent
r
with § 1201.03, Subd. 2.Av.;
(89) Vehicular access points shall be limited, shall create a minimum of conflict
with through traffic movement and shall be subject to the approval of the City Engineer;
(994-0) All signing and informational or visual communication devices shall be in
compliance with § 1201.03, Subd. 11.;
(104-) Provisions are made to control and reduce noise;
(112) The provisions of§ 1201.04, Subd. l.d.(1) are considered and satisfactorily
met;
d. Motor fuel sales, auto repair-minor and tire and battery stores and service, provided
that:
(1) Regardless of whether the dispensing, sale or offering for sale of motor fuels
and/or oil is incidental to the conduct of the use or business,the standards and requirements imposed by
this chapter for motor fuel stations shall apply. These standards and requirements are,however, in addition
to other requirements which are imposed for other uses of the property;
(2) The architectural appearance and functional plan of the building and site shall
not be out of character with the existing buildings or area so as to cause impairment in property values or
constitute a blighting influence within a reasonable distance of the lot;
(3) The entire site other than that taken up by a building, structure or plantings
shall be surfaced with a material to control dust and drainage which is subject to the approval of the City
Engineer;
(4) A drainage system shall be installed, subject to the approval of the City
Engineer;
(5) Parking areas and driveways shall be curbed with continuous curbs not less
than six inches high above the parking lot or driveway grade;
46
(6) The lighting shall be
in
compliance with § 1201.03, Subd. 2.iv.;
(7) Wherever fuel pumps are to be installed, pump islands shall be installed;
(8) At the boundaries of a residential district, a strip of not less than five feet
shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.;
(9) Parking or car stacking space shall be screened from view of abutting
residential districts in compliance with § 1201.03, Subd. 2.g.;
(10) Vehicular access points shall create a minimum conflict with through traffic
movement, shall comply with § 1201.03, Subd. 5.g. and shall be subject to the approval of the City
Engineer;
(11) All signing and informational or visual communication devices shall be
minimized and shall be in compliance with 1201.03, Subd. 11.;
(12) Provisions are made to control and reduce noise;
(13) Any outside storage shall be in compliance with Subd. 4.f., below;
(14) All conditions pertaining to a specific site are subject to change when the
ouncil, upon investigation in relation to a formal request, finds that the general welfare and public
betterment can be served as well or better by modifying the conditions;
r (15) The provisions of§ 1201.04, Subd. 1.d.(1) are considered and satisfactorily
met;
e. Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the community, provided that:
(1) Compatibility with the surrounding neighborhood is maintained and required
setbacks and side yard requirements are met;
(2) Equipment is completely enclosed in a permanent structure with no outside
storage;
(3) Adequate screening and landscaping from neighboring residential districts is
provided in accordance with § 1201.03, Subd. 2.g.;
(4) The provisions of§ 1201.04, Subd. 1.d.(1) are considered and satisfactorily
met;
f. Open and outdoor storage as an accessory use, provided that:
(1) The use does not constitute more than 30% of the lot area and no more than
the floor area of the first story of the principal structure;
(2) The area is fenced and screened from view of neighboring residential uses or
if abutting an R District;
(3) Storage is screened from view from the public right-of-way;
(4) Storage area is grassed or surfaced to control dust;
(5) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.;
(6) All lighting shall be heeded-an in compliance with 1201.03, Subd. 2.v.se-
directed that the light source shall not be visible from the public right
residences;
(7) Storage area does not take up parking space as required for conformity to this
chapter;
(8) The provisions of§ 1201.04, Subd. 1.d.(1) are considered and satisfactorily
met;
g. Open or outdoor service, sale and rental as a principal or accessory use, provided
that:
47
r
(1) Outside services, sales and equipment rental connected with the principal use
is limited to an area no larger than the gross floor area of the principal use;
(2) Outside sales areas are fenced or screened from view of neighboring
residential uses or abutting R District in compliance with § 1201.03, Subd. 2.g.;
(3) All lighting shall hooded and so airectea thµt the lights A_ a shall iyat be
bl th bl' h* from ne ghboring residences ara shall be in compliance with §
1201.03, Subd. 2.vi.;
(4) Sales area is grassed or surfaced to control dust;
(5) The use does not take up parking space as required for conformity to this
chapter;
(6) The provisions of§ 1201.04, Subd. l.d.(1) are considered and satisfactorily
met;
h. Accessory, enclosed retail, rental or service activity other than that allowed as a
permitted use or conditional use within this section,provided that:
(1) The use is allowed as a permitted use in a C-1 district;
(2) The use does not constitute more than 30%of the lot area and no more than
50%of the gross floor area of the principal use;
(3) Adequate off-street parking and off-street loading in compliance with the
requirements of§ 1201.03, Subds. 5. and 6. is provided;
(4) All signing and informational or visual communication devices shall be in
O compliance with § 1201.03, Subd. 11.;
(5) The provisions of§ 1201.04, Subd. 1.d.(1) are considered and satisfactorily
N met;
i. Daycare facilities, as defined in § 1201.02, Subd. 4., serving ten or more persons, as
a principal or accessory use,provided that:
(1) The facility shall be licensed by the State of Minnesota. No certificate of
occupancy shall be issued for a daycare facility until proof of approved applicable state licenses has been
provided to the Zoning Administrator;
(2) All child daycare facilities shall have an outdoor activity area complying with
the following:
(a) The activity area shall comply with the size required for state
licensing;
(b) The activity area shall be located at least 25 feet from any adjacent
residential lot boundary;
(c) The activity area shall be screened and landscaped to buffer
neighboring residential uses;
(d) The activity area shall be enclosed to prevent children from leaving
the premises unattended;
(3) Off-street parking must be provided in compliance with § 1201.03, Subd. 5.
The number of parking spaces required for a daycare facility shall be one space for each four persons of
licensed capacity;
(4) Adequate short-term parking or drop-off area shall be provided within close
proximity to the main entrance of the building and shall be located so as not to necessitate pedestrian
crossing of a drive aisle. The short-term parking or drop-off area shall accommodate at least three car
spaces and shall be designated as temporary in nature. The short-term parking or drop-off area shall not
conflict with off-street parking access or pedestrian movement;
(5) The structure in which the daycare facility is located shall comply with all
applicable building and fire codes;
48
(6) The provisions of§ 1201.04, Subd. 1.d.(1) of the this code must be
considered and satisfactorily met;
j. Self-storage facility, as defined in this chapter, provided that:
(1) Adequate screening and landscaping from neighboring residential districts is
provided in accordance with § 1201.03, Subd. 2.g.;
(2) The entire facility is located within a complete enclosure. The enclosure shall
conform to applicable city codes and ordinances;
(3) The access to the facility shall be by a security gate;
(4) The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m., Sunday
through Thursday, and 7:00 a.m. to 12:00 midnight, Friday and Saturday;
(5) The lighting shall be hooded and in compliance with section 1201.03 Subd.
2.v. so directed so that it is not visible from the public right _of wa_. from any abutting resilentia'
district;
(6) The structures shall conform to height restrictions of the C-1 District. In
v\i, addition, all structures within 50 feet of any property line shall be limited to one story or 15 feet, whichever
c is less;
(7) The storage is confined to enclosed permanent structures;
(8) The use of all structures shall be limited to storage only. No retail service
businesses or workshops shall be allowed. Each facility shall have one residential dwelling unit to be used
�7s. only by a resident caretaker or manager. The requirement of a caretaker residence may be waived by the
City Council, provided that:
(a) A caretaker residence for an approved self-storage facility under the
same ownership is located within 600 feet of the subject property;
(b) The applicant shall submit a plan showing where a caretaker
residence can be located on the property in the future;
(c) The applicant shall submit restrictive covenants, to be recorded
against the property, restricting its sale unless a caretaker residence is constructed on the property, or a
caretaker residence for an approved self-storage facility under the same ownership, located within 600 feet
of the subject property is provided;
(9) The entire area, other than occupied by the buildings or plantings, shall be
surfaced with material which will control dust and drainage and is subject to the approval of the City
Engineer;
(10) The number of off-street parking spaces shall not be less than six. No on-
street parking shall be allowed;
(11) Loading areas shall be located entirely within the site which will be designed
so as not to require backing in from a public street;
(12) The applicants shall provide a performance bond or letter of credit to assure
completion of the facility in accordance with the plans and specifications approved by the City Council.
The amount of the bond shall be established by the City Council at the recommendation of the city staff;
(13) The provisions of§ 1201.04, Subd. 1.d.(1) are considered and satisfactorily
met;
k. Commercial planned unit development as regulated by § 1201.06 of this chapter,
provided that:
(1) Land uses allowed in a planned unit development are limited to those land
uses listed as permitted uses, permitted accessory uses or conditional uses in this section;
(2) The proposed development complies with the development agreement as
required for planned unit developments, pursuant to § 1201.25 of this chapter.
49
Section 37: City Code Section 1201.23 Subd. 4. is hereby amended as follows:
1201.23 C-2, COMMERCIAL SERVICE DISTRICT.
Subd. 4. Conditional uses. The following uses are permitted only subject to the issuance of a
conditional use permit as regulated in § 1201.04:
a. Automobile repair-minor, provided that:
(1) The entire site other than that taken up by a building, structure or landscaping
shall be surfaced with a material to control dust and drainage which is subject to approval by the City
Engineer;
(2) A drainage system subject to approval by the City Engineer shall be installed;
(3) Parking areas and driveways shall be curbed with continuous curbs not less
than six inches high above the parking lot or driveway grade;
(4) Vehicular access points shall create a minimum of conflict with through
traffic movement and shall be subject to approval of the city staff;
(5) All signing and informational or visual communication devices shall be
minimized and shall be in compliance with § 1201.03, Subd. 11.;
(6) Any outside storage shall be in compliance with paragraph b of this Subd.;
(7) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.; and
(8) The provisions of§ 1201.04, Subd. 1.d.(1) are considered and satisfactorily
met;
b. Open and outdoor storage as an accessory use,provided that:
(1) The use does not constitute more than 30% of the lot area and no more than
the floor area of the first story of the principal structure;
(2) The area is fenced and screened from view of neighboring residential uses or
if abutting any R District;
(3) Storage is screened from view from the public right-of-way;
(4) Storage area is grassed or surfaced to control dust;
(5) Landscaping is provided in compliance with § 1201.03, Subd. 2g;
(6) All lighting shall be heeded-amain compliance with section 1201.03 subd.
2.v.
residences;
(7) Storage area does not take up parking space as required for conformity to this
\/)..) chapter;
(8) The provisions of§ 1201.04, Subd. ld(1) are considered and satisfactorily
met;
c. Open or outdoor service, sale, rental and display as a principal or accessory use,
provided that:
(1) Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting R District;
(2) Landscaping is provided in compliance with § 1201.03, Subd. 2g;
(3) All lighting shall be in compliance with section 1201.03 subd. 2.v.heeded
residences;
(4) Sales area is grassed or surfaced to control dust;
(5) The use does not take up parking space as required for conformity to this
chapter;
50
(6) The provisions of§ 1201.04, Subd. ld(1) are considered and satisfactorily
met;
d. Fabrication(cutting, assembly and/or welding) of wood or metal products only when
accessory to an activity allowed as a permitted use or conditional use within this section,provided that:
(1) Any outside storage shall be in compliance with Subd. 4b of this section;
(2) Adequate off-street parking and off-street loading is provided in compliance
with the requirements of§ 1201.03, Subds. 5 and 6;
(3) Provisions are made to control and reduce noise;
(4) The provisions of§ 1201.04, Subd. ld(1) are considered and satisfactorily
met;
e. Building trade contractor's shop for businesses engaged in specialized construction
activities such as plumbing,painting, electrical work, carpentry and well drilling; primarily for residential
development,but not including heavy construction, provided that:
(1) Activities of the business would typically be performed at a construction site
but some incidental work may be performed in the shop;
(2) Any outside storage shall be in compliance with Subd. 4b of this section;
(3) Landscaping is provided in compliance with § 1201.03, Subd. 2g;
(4) The provisions of§ 1201.04, Subd. ld(1) are considered and satisfactorily
et;
f. Commercial planned unit development as regulated by § 1201.06, provided that:
(1) Land uses allowed in a planned unit development are limited to those land
AD
uses listed as permitted uses,permitted accessory uses and conditional uses in this section;
(2) The proposed development complies with the development agreement as
required for planned unit developments,pursuant to § 1201.25;
g. Operational facilities for commercial and residential lake and lakeshore dredging,
excavation and related construction and other services and the storage of equipment,machinery, watercraft,
materials and supplies relating thereto,provided that:
(1) The use was in lawful existence prior to May 19, 1986;
(2) The area is fenced and screened from view of abutting residential uses or if
abutting any R District, in accordance with plans and specifications approved by the City Council;
(3) Storage is screened from view from the public street right-of-way;
(4) Landscaping is provided in compliance with § 1201.03, Subd. 2g;
(5) All lighting shall be in compliance with section 1201.03 subd. 2.v.heeded-
;de
(6) Outdoor storage shall be limited to only that which is necessary to the
conduct of the principal use;
(7) Outdoor storage does not take up parking space as required for conformity to
this chapter;
(8) Any emission of noise shall be in compliance with and regulated by the State
of Minnesota Pollution Control Standards, Minn. Rules Chapter 7030, as may be amended;
(9) Any use of the lake shall be approved by the Lake Minnetonka Conservation
District;
(10) The use of the property shall be approved by the Commissioner of the
Department of Natural Resources;
(11) No direct flow of surface drainage to Lake Minnetonka will be permitted.
Site grading, drainage and erosion control plans shall be approved by the City Engineer;
51
(12) Any handling or storage of flammable liquids shall be subject to the approval
of the local Fire Marshal.
Section 38: City Code Section 1201.24 Subd. 2. is hereby amended as follows:
1201.24 L-R, LAKESHORE RECREATIONAL DISTRICT.
Subd. 2. Permitted uses. The following are permitted uses in the L-R District as regulated herein with
Alk special limitation requirements and conditions attached as provided in subdivision 8 below. Water
harboring of boats Aat docks attached to land, including limited related service facilities as hereinafter
authorized, subject to an annual operating license which shall be issued only in accordance with the
following standards and limitations.
Section 39: City Code Section 1201.24 Subd. 8 k. is hereby amended as follows:
1201.24 L-R, LAKESHORE RECREATIONAL DISTRICT
Subd. 8. Special and specific standards and conditions. The following are special and specific design
\standards and conditions of limitations applicable to water-harboring of boats.
O� k. Any All lighting ea to ill to off street p rk, „the area ors,tr„ct„re
r
.,treats. Direct or sky roflcctcd-gleFc fFem floodlights shall not be dircctod into any adjoining property. The
source of lights shall be shall be consistent with section 1201.03 subd. 2.v.hoodea or controlled i some
manner so as not to light adjacent property except that ono light or combination of lights which cast light
on residential property, the lake or the public right-of-way shall exceed four-tenths foot-candles (meter
reading) as measured from the property line and 250 feet from the shoreline;
Section 40: City Code Section 1201.25 Subd. 6. b. is hereby amended as follows:
1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT.
Subd. 6. Procedure for processing a P.U.D.
b. Pursuant to Minnesota Statutes 15.99, an application for any stage of a PUD or an amendment
to the PUD shall be approved or denied within 60 days from the date of its official and complete submission unless
extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99,the City
(f.) staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days,provided
written notice of such extension is provided to the applicant before the end of the initial 60 day period.
c. General concept plan.
(1) Purpose. The general concept plan provides an opportunity for the applicant
to submit a plan to the city showing his or her basic intent and the general nature of the entire development
without incurring substantial cost. The following elements of the proposed general concept plan represent
the immediately significant elements for city review and comment:
(a) Overall maximum P.U.D. density range;
52
(b) General location of major streets and pedestrian ways;
(c) General location and extent of public and common open space;
(d) General location of residential and nonresidential land uses with
approximate type and intensities of development;
(e) Staging and time schedule of development;
(f) Other special criteria for development;
(2) Schedule:
(a) Developer meets with the Zoning Administrator to discuss the
proposed development;
(b) The applicant shall file the concept stage application, together with all
supporting data and filing fee as established by City Council resolution;
(c) The Planning Commission shall hold a public hearing;
(d) The Zoning Administrator, upon verification of the complete
application, shall instruct the City ^dm,..in;strator Clerk to set a public hearing at a regular meeting of the
Planning Commission. The Planning Commission shall conduct the hearing and report its findings and
make recommendations to the City Council. Notice of the hearing shall consist of a time and place of the
public hearing and legal „roperty description, a description of the request and be published in the official
newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least
ten days prior to the hearing to all owners of land within 750 feet of the boundary of the property in
J\ question;
(e) Failure of a property owner to receive the notice shall not in validate
any proceedings as set forth within this chapter;
(f) The Zoning Administrator shall instruct the appropriate staff persons
Vi to prepare technical reports where appropriate and provide a general assistance in preparing a
ko
recommendation on the action to the City Council. Additionally, the request shall be referred to the Park
�J�, Commission for their review and comment;
(g) Upon consent of the City Council, the Planning Commission and city
staff shall have the authority to request additional information from the applicant concerning operational
factors or to retain expert testimony with the consent and at the expense of the applicant concerning
operational factors, the information to be declared necessary to establish performance conditions in relation
to all pertinent sections of this chapter;
(h) The applicant or a representative thereof shall appear before the
Planning Commission at the public hearing in order to answer questions concerning the proposed
development;
(i) Within 60 days of the public hearing, or the further time as may be
agreed to by the applicant, tThe Planning Commission shall itself review the reports and plans and submit
its written report a„a recommendations to the Council and applicant. The report shall contain the findings
of the Planning Commission with respect to the general concept plan. f the planning commi sio f ils to
(j) The Zoning Administrator,upon receipt of the Planning Commission
recommendation, shall instruct the City Administrator/Clerk to set a public hearingschedule the request
before the City Council at a public meeting. Notice of the hearing shall consist of a legal property
question;
(k) Council action:
53
(i)
the City Council shall hold a public hearing;
(ii) The applicant or a representative thereof shall-may appear
before the City Council in order to present the planned unit development and answer questions concerning
the proposed project;
(iii) The Council shall review the proposed development, any
reports and recommendations of advisory commissions and city staff and testimony from the public
hearing;
(iv) In evaluating the request, the Council shall determine the
relationship between the proposed development, the Comprehensive Plan and this chapter. Where any
question exists as to city policy,the Council may, at any time,refer the project or any specific item within
the project back to the Planning Commission for further study and with clarification as to the policy;
(v) The City Council shall have the authority to request additional
information from the applicant concerning operational factors or to retain expert testimony with the consent
and at the expense of the applicant concerning operational factors, the information to be declared necessary
to establish performance conditions in relation to all pertinent sections of this chapter;
(vi) The City Council may require revisions to or modifications of
•• is,. the general concept plan where deemed necessary. Any revision or modification shall be referred to the
fi Planning Commission for informational purposes;
(vii) Within the time specified in Section 1201.25 Subd. 6. b., 60-
L
advisor. city st ff the City Council shall grant approval of,ro „bmit the plan to the
or deny approval of the concept plan;
(vii;) The City shall and-provide written findings to the applicant after
the City Council acts to approve or deny the plan;
(3) Optional submission of development stage plan. In cases of single stage
P.U.D.'s or where the applicant wishes to begin the first stage of a multiple stage P.U.D., immediately he or
she may, at his or her option, initially submit development stage plans for the proposed P.U.D. In this case,
the Planning Commission and Council shall consider the plans, grant or deny development stage plan
approval in accordance with the provisions of Subd. 6c.
(4) Effect of concept plan approval. Unless the applicant shall fail to meet time
schedules for filing development stage and final plans or shall fail to proceed with development in
accordance with the plans as approved or shall in any other manner fail to comply with any condition of
this chapter or of any approval granted pursuant to it, a general concept plan which has been approved shall
not be modified,revoked or otherwise impaired pending the application of development stage and final
plans by any action of the city without the consent of the applicant. Problems arising or found to exist
during the development or final plan stage of a project may provide cause for the city to require
modification of the general concept plan.
(5) Limitation of general concept plan approval. Unless a development stage
plan covering at least ten dwelling units or the area designated in the general concept plan as the first stage
of the P.U.D., whichever is greater,has been filed within six months from the date Council grants general
concept plan approval, or in any case where the applicant fails to file development stage and final plans and
to proceed with development in accordance with the provisions of this chapter and of an approved general
concept plan, the approval may be revoked by Council action. In this case, the Council shall forthwith
adopt a resolution repealing the general concept plan approval for that portion of the P.U.D. that has not
received final approval and re-establishing the zoning and other ordinance provisions that would otherwise
be applicable. Upon requestapplieation by the applicant,the Council, at its discretion,may extend the
54
approval for additional periods not in excess of six months each, the filing deadline for any development
stage plan, when for good cause shown, the extension is necessary.
Section 41: City Code Section 1201.25 Subd. 6. c. (4) is hereby amended as follows:
1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT.
Subd. 6. Procedure for processing a P.U.D.
ed. Development stage.
(4) Schedule.
(a) Developer meets with the Zoning Administrator and city staff to
discuss specific development plans.
(b) The applicant shall file the Development Stage application within six
months after Concept Plan review, together with all supporting data and filing fee as established by City
(c) Technical staff reports shall be prepared on the proposed development
and distributed to the Planning Commission ana the Mlicant at least five days r-to the date of the
Planning Commission ting t which to est is to be heara
(d) The applicant or a representative thereof shall appear before the
Planning Commission in order to answer questions concerning the proposed development.
(e) The Planning Commission will make a recommendation to the City
Council on the Development Stage Plan.
(f) Council action:
(i) The applicant or a representative thereof shall may appear
before the City Council in order to present the Development Stage Plan and answer questions concerning
the Plan;
(ii) The Council shall review the Development Stage Plan and any
reports and recommendations of advisory commissions and city staff;
(iii) The Council shall determine the relationship between the
Development Stage Plan and the previously approved Concept Plan.
(iv) Where deemed necessary, an additional public hearing may be
required during the Development Stage of the P.U.D. The public hearing shall be held at the discretion of
the City Council and shall comply with the procedures set forth in subdivisions 6b(2)(c)through(j) of this
section.
(v) The City Council may require revisions to or modifications of
the Development Stage Plan where deemed necessary. Any revision or modification shall be referred to the
Planning Commission for informational purposes.
(vi) Within the time specified in Section 1201.25 Subd. 6. b., Tthe
City Council shall approve or deny the Development Stage Plan._
(vii) If approved,the City Council shall instruct the City ^ttorney
to draw upshall include any specific terms and conditions of the PUD into the approving resolution and
may enter intorequire a P.U.D. agreement which sti„ulates the s eci fe terms and conditions appreved by
the City Council an a,,epted b..the appl;cantfor multiphased projects or projects that include a
subdivision and/or construction ofpublic improvements. This agreement shall be signed by the Mayor of
the City of Shorewood, City Administrator/Clerk and the applicant within 30-60 days of Council approval
of the Development Stage Plan, unless the City Council receives and approves a request for an extension
55
�� from the applicant prior to expiration. The request must explain the efforts taken to complete the conditions
of approval. Where the Development Stage Plan is to be resubmitted orlf denied-approval, the Council
action shall be by written reportresolution setting forth the reasons-findings for its action. In all cases, a
certified copy of the document evidencing City Council action shall be promptly delivered to the applicant
by the Zoning Administrator.
Section 42: City Code Section 1201 .25 Subd. 6. d. (2-4) is hereby amended as follows:
1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT.
d. Final Plan.
(2) Schedule._
(a) _Upon approval of the Development Stage Plan, and within the time
established by Subd. 6.c.(5) above,the applicant shall file with the Zoning Administrator a Final Plan
consisting of the information and submissions required by Subd. 5.c. of this section for the entire P.U.D. or
for one or more stages. This plan will be reviewed and approved/denied by city staff,unless otherwise
specified by the City Council.
(b) W thi 30 days of its ., a the plica nt shall a the Ana
applicant shall provide the city with a signed-copy verifying county recording within 40 days of the date of
approval.
N (3) Building and other permits. Except as otherwise expressly provided herein,
upon receiving notice from the Zoning Administrator that the approved Final Plan has been reeerded-
\ approved and is consistent with upon application of the applicant pursuant to the applicable ordinances of
` the city, all appropriate officials of the city may issue building and other permits to the applicant for
development, construction and other work in the area encompassed by the approved Final Plan; provided,
however,that no permit shall be issued unless the appropriate official is first satisfied that the requirements
of all codes and ordinances which are applicable to the permit sought have been satisfied.
(4) Limitations on Final Plan approval. Within one year after the approval of the
Final Plan for P.U.D., or shorter time as may he-established by the approved development schedule,
construction shall commence in accordance with the approved plan. Failure to commence construction
within the period shall,Approval of the Final Plan P.U.D. shall expire within one year after the City Council
grants the approval if construction has not commenced or unless an extension shall have been granted as
hereinafter provided. The effect of this expiration shall;automatically render void the P.U.D. permit and
all approvals of the P.U.D. plan and the area encompassed within the P.U.D. shall thereafter be subject to
those provisions of the zoning ordinance and other ordinances applicable in the district in which it is
located. In this case, the Council shall forthwith adopt an ordinance repealing the P.U.D. permit and all
P.U.D. approvals and re-establishing the zoning and other ordinance provisions that would otherwise be
applicable.
56
Section 43. This Ordinance shall be in full force and effect upon publication in the Official
Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this xx day
of xx, 2020.
SCOTT ZERBY, MAYOR
ATTEST:
SANDIE THONE, CITY CLERK
57
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 •
11211 952.960.7900
www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission
FROM: Marie Darling, Planning Director
MEETING DATE: October 6, 2020
RE: Update of Zoning Text Amendments for Discussion Purposes
Attached are amendments to the zoning regulations. The amendments are split into two groups—
Housekeeping (H) or Substantive(S). Housekeeping regulations are self-explanatory; they provide
clarification or correct references, grammar, spelling, spacing, etc., and are not presented separately below.
The substantive amendments reflect a change in process or practice and are explained below individually.
Each of the changes was specifically discussed in January and February and the changes the Commission
recommended have been incorporated. Because of the lapse between the last discussion and this meeting,
staff included these amendments as discussion items rather than hold a public hearing. Minutes from the
previous meetings are attached.
Other code amendments will be brought for Commission review separately.
Primary issues included are:
Lighting regulations
Initially, the amendments were proposed in response to a complaint although regulations needed to be
updated. The proposed lighting regulations were drafted primarily to reduce glare and brightness of non-
residential lighting and for residential properties with apartments larger than six units.
Allowing two homes on a property
The City's zoning regulations allow two dwellings on a property temporarily while the 2nd dwelling is
being construction by approval of a conditional use permit. Because conditional use permits are typically
used for permanent approvals, staff recommends reviewing this type of request using an interim use permit
as they usually have a defined end date. Staff also recommends increasing the amount of time the property
owner can keep a second home on the property because the duration of construction projects is increasing
with the size and complexity of many new homes.
Allow decks and portico additions to encroach into the front setback in all districts
During the review of a variance application in 2018 and earlier this year, one of the Councilmembers
suggested that a portico may be an appropriate allowance for all homes, not just those constructed prior to
1986. The proposed regulations would open up the opportunity to all homes.
Page 2
Egress pit encroachments
During the review of a similar PUD amendment for the Minnetonka Country Club,the City Council
considered whether it would be appropriate to allow egress pits to encroach into yards for homes outside
the Minnetonka Country Club. Because homes in older subdivisions may not have had an extensive
drainage review, staff propose to allow the egress pits in required front, side abutting a public street or rear
yards,but reserve the 10-foot side-yard setbacks. The 10-foot side yard setback would allow homeowners
more room to correct drainage problems between homes without a permanent structure in the way.
Digital order signs
This amendment is to allow all drive-thru businesses the ability to add a digital order confirmation board as
a separate sign rather than having to combine it with their menu board. This amendment was discussed
originally during the review of the Starbucks variance request for the separate order station.
Zoning permits
The list of uses and projects in the code that require a zoning permit doesn't match the current practice and
there is no expiration date for such approvals. The permits are supposed to be used for checking setbacks
and impervious surface coverage where no other permit is required. Two uses currently listed in the code
aren't affected by dimensional/hardcover regulations and staff has never processed a permit for either:
irrigation systems and dog fences. Additionally, another listed use is for tents and canopies for periods
longer than 2 weeks,but the zoning regulations don't allow those structures except as permitted for outdoor
sales through a conditional use permit. Also, common practice has included issuing temporary signs, decks
that don't require permits,patios, sidewalks and similar. Consequently, staff has added those uses to this
section.
PUD process
The current PUD requirements are process intensive. For example, the concept plan requires multiple
public hearings, one at the Planning Commission and one at the City Council. Each hearing requires
separate publication in the official newspaper and mailed notices to neighbors. Published legal notices are
the least effective means to convey information to the public and the most expensive. Staff propose to limit
the public hearings to one at concept stage and one at development stage. Both public hearings would be
held in front of the Planning Commission, which is the same as for any request for development without a
PUD.
ATTACHMENTS: Minutes from the January and February 2020 Planning Commission Meetings
Draft Ordinance Amendments
List of Ordinance Amendments
Table of Proposed Revisions
Amendment S/H Reason for Revision Page#
Amendments to the Zoning Ordinance
1 H Clarify definition to reflect practice 1
2 H Change definition of church to religious institution, both terms used 1
throughout ordinance
3 H Change definition to reflect current practice 1
4 H Remove dimensions from definition (repeated in 1201.03 Subd. 14) 1
5 H Correct definition to reflect practice 1
6 H Clarify definition to reflect practice 1
7 H Clarify definition to reflect practice 1
8 S Add lighting related definitions to provide additional regulations 2
9 H Change definition of church to religious institution, both terms used 2
throughout ordinance
10 H Change reference from church to religious institution 2
11 S Change process for the allowance of two structures on a lot from 2-3
conditional to interim and to reflect current building practices
12 H Previous removed this language, but left in by codifiers 3
13 H Change process to reflect current practice 3
14 H Add language to reflect current practice 3
15 H Change regulations to reflect recent change in Right-of-Way 4
regulations or to reflect current practice
16 H Grammar correction 4
17 S Clarify glare regulations 4
18 H Correct district references 5
19 S Add additional lighting regulations 5-8
20 H/S Separate two unrelated regulations into separate paragraphs, allow 8
decks and portico additions in front of homes regardless of date of
construction
21 H Provide clarity to regulation 8
22 H Amend pool setbacks to allow safety egress around pool 8
23 H Grammar correction 9
24 S Allow for egress pits in front and rear yards as directed after change 9
in PUD for Mntka Country Club subdivison
25 H Change reference 10
26 H Grammar correction 10
27 H Preserve drainage and utility easements for those purposes 10
28 H Change references 11
29 H Change references 11
30 H Clarify status of canvas/vinyl. Revise 150 square foot reference to be 11
consistent with 1st sentence
31 H Add prohibited materials in residential construction 12
32 H Add stucco to the list of allowable uses and some additional 12
flexibility in the design of commercial structures
33 H Add a maximum height for directional signs 13
34 H Correct spelling error 13
35 S Allow digital order confirmation signs in addition to menu boards for 14
drive-thru service windows
36 H Change process to correct current practice 14
37 H Correct home occupation prohibition to avoid duplication in section 14
502 of City code.
38 H Correct reference to terms used elsewhere in the zoning regulations 15
39 H Correct district references 15
40 H Add PUDs and correct reference to current practice 15
41 H Reduce number of plans submitted 15
42 S Change process to reflect current practice 15-18
43 S Amend zoning permits regulations to reflect current practice 18
44 H Clarify reference, remove uses that are not likely to occur 19
45 H Correct references 19
1 46 H Correct reference 20
47 H Correct reference 21
48 H Add religious institutions and parks as permitted uses 22-23
49 H Remove extra space 23
50 H Correct lighting references 23-30
51 H Add the reference to the permitted use 30
52 H Correct lighting reference 30
53 S Correct the PUD process to reflect current practice and state statute 31-33
54 S Correct the PUD process to be consistent with state statute and 33-34
current practice
55 S Correct the PUD process to be consistent with state statute and 34
current practice. Allow final plan approval to last one year
7E
40�,` MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title/Subject: Review City Code to Amend Lighting Requirements
Meeting Date: Monday, March 25, 2019
Prepared by: Marie Darling, Planning Director
Attachments: Planning Commission Report and Attachments
Policy Consideration: Should the City Council direct staff to consider amendments to
the lighting regulations
Background: Please see the attached report for additional information. This item
originated from a speaker (Cindy Marr, 6015 Chaska Road) during Matters from the
Floor at the January 15, 2019 Planning Commission meeting. At that meeting, staff
indicated they would review other cities' lighting ordinance and bring information back
for discussion.
At their March 5, 2019 meeting, the Planning Commission discussed the topic and
recommended code amendments updating the city's lighting regulations. They
specifically suggested adding more detail to the regulations concerning light sources
detail like backlight, uptight and glare restrictions (especially for spotlights), additional
hooding/shielding requirements, adding a maximum amount of lumens for
signs/commercial sites, and commercial lighting levels. The original speaker had
requested time limits for holiday lighting, as well, such as requiring lights be turned off at
11:00 p.m. One member of the Commission was interested in hourly restrictions,
similar to decibel limits for nuisance noise, another expressed a lack of interest. Staff
could research similar limits for holiday lights, as well.
Financial Considerations: Staff time for research.
Action Requested: Because this item was brought up during Matters from the Floor at
the Planning Commission meeting, staff requests City Council provide direction prior to
proceeding with any additional research or code language. Staff respectfully
recommends the City Council either direct staff to continue researching the issue and
begin preparation of draft ordinance amendments or to direct staff to enforce the current
code without amendment. Direction on specific code language is not necessary at this
time
Providing direction to staff on this topic requires a simple majority vote.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
Next Steps: Staff would forward any ordinance changes in draft format to the Planning
Commission prior to forwarding them to the City Council. A public hearing would
ultimately be required.
III
CITY OF
1111
la SHOREWOOD
P-7"..7"Jr-i_ 5755 Country Club Road • Shorewood, Minnesota 55331 • 952-960-7900
Fax:952-474-0128•www.ci.shorewood.mn.us•cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Marie Darling, Planning Director
MEETING DATE: March 5, 2019
RE: Potential Zoning Regulations Text Amendments Concerning Lighting
(Sections 1201.03 Subd. 2. i. and 1201.03 Subd. 11 b (2) (g) of City Code)
On January 15, 2019, a resident spoke at"Matters from the Floor" regarding concerns about lighting on the
property adjacent to her home and submitted some of her ideas for potential code amendments (minutes
attached).
The Commission indicated they would be willing to look at amendments and referred the matter to staff to
begin researching potential code amendments. Staff indicated that we would collect ordinances from other
communities in the area to research options for lighting regulations.
Speakers Request:
Staff has outlined the primary topics the speaker included in her proposed ordinance (attached).
1. All lighting for non-residential plans to be part of the pre-build approvals, including holiday
lighting, other decorative lighting, site lighting and landscaping lighting.
Staff note that this is already a requirement and what staff has based enforcement on to date.
2. Apply curfews to holiday lighting and restrict the amount of lights.
The speaker indicated that lights bothering the resident the most were installed after the fact to
celebrate the holidays. A curfew on residential lights would require a code amendment.
3. Define maximum lumens for all lights proposed on site.
To date,this has not been part of the code for Shorewood and would require a code amendment.
Most cities do not apply maximum lumens allowed on a site to holiday decorations.
4. Require motion sensors for existing, older buildings to shut off light when not needed.
Page 2
The zoning ordinance does have curfew lighting restrictions for businesses in place now.
Businesses that were in place prior to the adoption of the business hours regulations (Section
1201.03 Subd. 2 (t) (4) of the zoning regulations) are considered legally non-conforming and the
new regulations may not be applied retroactively.
The section applies to business uses, not residential and does not apply to the apartment building
across the street from the speaker. To apply the business hours restrictions on residential uses would
require a code amendment.
5. Prohibit lights directed at on-coming traffic.
Staff notes that this is already a requirement in the City's code.
6. Provide limitations for spot lights.
This would require a code amendment.
Shorewood's Current Ordinances Regarding Lights:
While other areas of the City Code also contain regulations for lighting, the bulk of the city's regulations
are found in the sections copied below. The zoning regulations also include additional lighting standards
specific to listed conditional uses (like drive-through service windows), development or uses in the L-R
zoning district, and a curfew written into the business hours limitation. If changes are made to the sections
below, other parts of code may also need revision.
Section 1201.03 Subd. 2. i. (Glare):
i. Glare. Any lighting used to illuminate an off-street parking area, sign or other
structure shall be arranged as to deflect light away from any adjoining residential zone or from the public
streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as
combustion or welding shall not be directed into any adjoining property. The source of lights shall be
hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs
shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of
lights which cast light on a public street shall not exceed one foot-candle (meter reading) as measured from
the center line of the street. Any light or combination of lights which cast light on residential property shall
not exceed four-tenths (.4) foot-candles (meter reading) as measured from the adjoining residential property
line.
Staff Comments: The current regulations were drafted primarily to prevent nuisance light but need to be
updated to reflect technological innovations.
• The phrase "source of lights shall be hooded or controlled in some manner so as not to light
adjacent property" conflicts with allowing 1 or .4 foot-candles to spill to adjacent properties. This
sentence could be tweaked to indicate the hoods or shields must completely block the views of the
light source from the adjacent property. This does not mean that a neighbor would not see the light
cast by the fixture, but they should not see the source.
• The reference to "bare incandescent light bulbs" must be updated to refer to light sources to cover
all the newer types of lighting.
Page 3
1201.03 Subd. 11 b (2) (g) (Signs):
(g) No sign shall be illuminated with any flashing or intermittent lights,
nor shall it be animated, except for time and temperature information. All displays shall be shielded to
prevent any light to be directed at on-coming traffic in the brilliance as to impair the vision of any driver.
No device shall be illuminated in a manner as to interfere with or obscure an official traffic sign or signal.
No light shall be directed onto a lake so as to interfere with navigation thereon.
Staff Comments: The Commission may want to explore having a set amount of lighting per square foot of
signage similar to that in the Plymouth or Bloomington code (See more discussion later in the report). In
addition to the paragraph above, Shorewood also has limitations on digital signage lighting, which I did not
include for this analysis as it is a recent amendment.
Other Regulation Options:
The table below indicates different types of lighting regulations. A review of other cites' ordinances are
summarized briefly below with discussion of the lighting categories after.
City Holiday Nuisance/Glare Output Fixture Signs
Lighting
Shorewood V V V
Bloomington V V V V
Chanhassen V V
Excelsior V V V
Plymouth V V V V V
Minnetonka V V V
Mound V V V
Wayzata V V
Holiday Lighting:
Holiday lighting regulations are a challenge as they are 1st Amendment To the
universally unpopular and must be carefully drafted to Constitution of the United States
avoid infringing on 1st Amendment constitutional Congress shall make no law respecting an
protections. establishment of religion, or prohibiting the
free exercise thereof, or abridging the
Most cities rely instead on nuisance language to assess freedom of speech, or of the press;or the
holidaylighting. right of the people peaceably to assemble,
g g• and to petition the Government for a
Plymouth has a curfew on most residential lighting, with redress of grievances.
the exception of motion sensor security lighting and other
listed types of lighting including holiday or seasonal lighting. Holiday lighting is specifically exempt as
long as the individual lamps are not greater than 10 watts and 70 lumens. Plymouth also allows lower light
spill onto adjacent properties than Shorewood does.
Nuisance Lighting:
In this category, staff included regulations such as maximum footcandles at property lines/center lines of
public streets; preventing glare with hoods/shields; etc. All cities have at least some general language to
use in nuisance enforcement. The following table summarizes the measurable footcandle limits.
Page 4
City Nuisance Footcandles
At Street/Property line
Shorewood 1/.4
Bloomington NA/.5
Chanhassen 0
Excelsior 1/.4
Plymouth .1-.8
Minnetonka NA/.5
Mound 1/.4
Wayzata NA
Output:
This category of regulation restricts the lumens produced by the lights used on the site. Bloomington and
Plymouth both contain this type of regulation, but more for commercial sites. If the City were to apply
output regulations to prevent holiday lighting from being used, the City's ordinance could face First
Amendment challenges.
Fixture Details: Correlated Color Temperature defines
color of a light source. A low CCT is in the
This category includes requirements for amber end of the color spectrum and a
hooding/shields, cut-off, height, color rendering, source high CCT is in the blue-white end.
color. Most cities have some of these requirements
(normally hooding/shields/cut-off/height) only Color Rendering is a measure of the ability
Bloomington and Plymouth have regulations for all of of a light to reveal the colors of various
them. objects faithfully with a natural light
source.
Signs:
Most cities surveyed have similar sign lighting regulations as Shorewood. Plymouth and Bloomington
have both adopted output regulations to limit sign lighting in addition to nuisance prevention language, as
indicated in the following table.
City Sign Lighting Lumen Output Nuisance
per square foot Prevention
Language Only
Shorewood NA
Bloomington 100-200 lumens
Chanhassen NA
Excelsior NA AI
Plymouth Candela/square meter(LED)
12 watts/square foot(Other)
Minnetonka NA \I
Mound NA \I
Wayzata NA Ai
Page 5
Bloomington has a second maximum limit for signs as well, measured in candela per square meter(nits).
Signs in residential districts are limited to 125 nits maximum, with the exception of electronic signs.
Architectural/Landscape Spot Lighting
Most cities regulate lights using their nuisance lighting standards, except that Wayzata requires all lights to
be directed straight up or straight down.
Plymouth has standards for this type of lighting for apartments, businesses and non-residential uses. It is
included in the total site lighting and the output intensity is limited based on the lighting zone of the
property.
Bloomington regulations limits spotlights to 3,000 lumens per fixture, uses nuisance lighting to regulate
spill and has a maximum amount of decorative light on residential property of 350 nits.
REQUEST:
Review the information and provide recommendations to staff on what types of regulations to include into
the ordinance. Once staff has your recommendations, staff would send the information to Council for
direction on writing up any new regulations.
ATTACHMENTS:
Minutes from January 15, 2019
Request from Cindy Marr
Other Cities' ordinances
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JANUARY 15,2019
Page 3 of 5
5. MATTERS FROM THE FLOOR
Cindy Marr 6015 Chaska Road, stated that she lives across from the Shorewood Landing sign.
She asked if they had received her proposal.
Chair Maddy explained that the Commission had all gotten a copy of the e-mail from Ms. Marr.
Ms. Marr stated that she and her husband have been residents for 38 years and five of those
years were spent without light pollution. She noted when the two-story office building was put in
there was essentially a spot light shining on their property for years. She stated that she had
complained to the City numerous times but nothing was done until there was a new owner who
agreed to change the light on the south side of the building. She stated that about fifteen years
ago their neighbors decided to put up spotlights in their trees and leave them on all night which
completely flooded the southside of their property with light. She stated that they have dealt with
that by purchasing window coverings that help block the light. She explained that when the senior
facility was proposed, they came to the Planning Commission and explained that their biggest
concern was the light pollution. She noted that at the time, two of the Commissioners agreed with
their concerns. She stated that they are living in a very frustrating situation with both the building
and the placement of the large white lights along the front of the building. She stated that she
complained to the City three times and nothing happened even though she had suggested that
they just agree to turn the lights off at 11:00 P.M. She stated that they have now added more
lights in addition to lights on the pine trees along the berm that stay on all night long. She stated
that even people across the highway have complained that the light was shining all the way over
there. She stated that there are many other neighbors who have been adversely affected by the
lights and explained that she had gotten signatures from twelve neighbors stating that they believe
there is excessive lighting at this location. She asked the Planning Commission to go to the
location with the lights fully turned on so they have a better idea of what the residents in this area
have been dealing with. She stated that her request is for these lights to be turned off at 11:00
P.M. She stated that she would like the City to come up with a lighting ordinance to protect the
residents, especially for the people that live in the "middle zoning" that has residential near
commercial.
Chair Maddy asked which lights are giving Ms. Marr the most problem and whether
measurements had been taken of the sign lighting.
Planning Director Darling noted that measurements had been taken last year and the lights were
in compliance with the .4-foot candles. She noted that holiday lights have nothing to block the
glare and she had contacted Shorewood Landing and asked them to turn them off at 11:00 P.M.
She explained that they were not crazy about the idea, but said that as soon as their maintenance
man came back from vacation, they would have him put the lights on a timer.
Ms. Marr stated that she is looking at the bigger picture in this situation. She stated that she feels
the monument light is very dangerous and blinds them when they are in their driveway although
it has improved with the adjustment of the fixture. She stated that because they have turned off
the Christmas lights at Planning Director Darling's request, they are now able to see all the other
lights such as the flag pole, the lights to the sides and even the windows
Commissioner Riedel asked which of the lights were not currently handled by the code
requirements.
Ms. Marr gave examples of Christmas lights and the roof lighting.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JANUARY 15,2019
Page 4 of 5
Commissioner Riedel stated that he would be in support of strong restrictions on commercial
lighting as well as prohibiting spotlighting in a residential area. He stated that aesthetically, if
people choose to light up their property in a way that does not exceed a brilliance standard
crossing the property line, he does not think that is within the purview of the City to step in.
Ms. Marr stated that this light is shining across Highway 7 into the houses across the highway.
Commissioner Riedel asked whether that was in conflict with the code requirements.
Ms. Marr stated that she had been told that there is no ordinance for this type of lighting. She
reiterated that she feels this company has put up an excessive amount of lighting at this location.
She stated that she has been trying to resolve this issue with Shorewood Landing for two years.
The Commission stated that they would like to take some time to investigate what the current
code addresses with regard to lighting and consider addressing some concerns.
Planning Director Darling stated that she will compile some information on the current ordinance
and research what other cities are doing with regard to lighting and bring it back to a future
meeting.
Commissioner Gorham noted that the City of Plymouth has some detailed language regarding
lighting in their ordinance and suggested Director Darling contact them.
::::CE1c EL
.AN 1 3 2019
The City of Shorewood Outdoor Lighting Ordinance Proposal _YOFSHOREWOOD
January 15,2019
The City of Shorewood has a mixture of zones of business and residential in the City
and are interactive mostly due to the location of Highways and lakes. I propose a
City mandate to control the use of seasonal, commercial and landscape lighting.
Commercial lighting
Because the city has bumper zoning along with residential living with no City
Center,the need to restrict amount of lighting and timing of lighting is needed to
protect surrounding residential homes.
1]. Total lighting included in prebuild plat plans. Includes Parking lights, safety
lighting for sidewalks\buildings, decoration lighting total for seasonal use,
decoration lighting long term.
a. Seasonal (Christmas, Chanukah, New Year exc.) The total of lumens would
be included in the building plans. Care would be assessed to seek balance with the
neighborhood.
b. Limitation of use.
All commercial buildings would be required to set timers on seasonal lighting
limiting use to 11pm year round. This includes apartment/ multiple story deck
decorations.
c. Decorative Roof lighting
With the surrounding cities using white lights outlining roofs, care needs to be used
in including or not permitting long-term lighting. Because this kind of lighting is
usually a larger bulb,lumens need to be assessed. If this form of lighting is already in
place and is determined to exceed lumens.A time limit of 11pm is to be set to spare
the surrounding neighborhood.
d. Landscape lighting
This includes land-based lighting that shines upward or downward to highlight
trees or building structures. Care in planning should include positioning that does
not interfere with surrounding property or roads. Choice of type lighting should be
made at the planning stage. (Spot light, broad light, hooded lighting, LED,
incandescent).
e. Spot Lighting
This includes lighting that is intended for property safety and protection. Most of
this lighting is set up as a roof level or second floor level. This type of light is meant
to cast a large amount of light. To restore the integrity of near by residential homes
from excessive light pollution, flood lighting is to be assessed to changing the type of
light used. Motion sensor lighting, hooded or better directed lighting would be
considered in older buildings. Measured lumens and distant of light cast would be
considered in new buildings and preplanning.
1.
2]. Compliance to use
a. Lighting issues should be handled as noise disturbance is handled.
Courtesy to surrounding properties is as the law of keeping the peace.
b.A warning and informative letter would be sent.
c. In case of argument between landowners, some kind of agreement would
have to be worked out. The final result would be finalized by the city.
d. Lighting presenting a danger to roadways and hindering sight for drivers.
Including business signage. Observation and assessment of the problem would be
needed to bring the obstructive light into correction. (Moving aim, type or removal).
Residential Lighting
1). Excessive Decorative Lighting-Seasonal short term
a. For the homeowner with high expectations setting out over 50 strings of
lights, a time limit of 11pm would be mandated
b.A permit would be issued only to inform resident of the City rules.
c. Permit would include the homeowner responsibilities of time limits.
11pm light cut off time. In case of traffic congestion the owner would be responsible
for all costs involving police controlling traffic. Safety cones, ropes and parking areas
clearly marked and managed with sufficient workers to keep the public safe.
d. Complaint management via the permit. The owner would be responsible to
work out any complaints from surrounding neighbors. If unable to come to an
agreement the City of Shorewood would be the final say in shutting down or
resolving the problem.
2). Residential Landscape Lighting Existing Permit
a. Additional Lighting added to existing home or landscape, consideration of
volume against buildings or tree/plants connected to the building. The effect of
overcast lighting on neighbor homes.
Owner would be required to show plans and amount of lighting being requested.
b. Restriction of beam or upward or downward lighting on landscape lighting
on trees or other tall structures.All lights should be shielded so as to limit lower
leaking of light and becoming a hazard to drivers and pedestrians. Position of lights
should not affect visual sights for roads or other homes.
2.
3). Landscape Lighting zoning pre build.
a. Landscape lighting would be required to be included in the lay out plan.
The consideration of light volume and position would be allowed input by the
Public. Knowledgeable listing of types of lights and the amount of distance it casts
would have to be included in the pre build.
Submitted by
Cindy Marr
6015 Chaska Rd
Shorewood
952-474-1466
witsga15@gmail.com
3.
2/7/2019 CHAPTER 21:ZONING AND LAND DEVELOPMENT
[Print
Bloomington, MN Code of Ordinances
§ 21.301.07 EXTERIOR LIGHTING.
(a) Purpose and intent. The city recognizes the health, safety, welfare and aesthetic value of providing
lighting standards in the community. This section's provisions are intended to:
(1) Promote the public health, safety and general welfare;
(2) Establish efficient and cost effective lighting requirements adequate for safety and security;
(3) Reduce light pollution, light trespass, glare and offensive light sources;
(4) Provide an environmentally sensitive nighttime environment;
(5) Discourage inappropriate, poorly designed or installed outdoor lighting by requiring quality
lighting design, light fixture shielding and maximum uniformity ratios;
(6) Protect motor vehicle operators, pedestrians and adjacent land uses from glare; and
(7) Implement the city's Comprehensive Plan.
(b) Lighting plan. Except for single- and two-family dwellings, no exterior lighting may be installed
prior to approval of a lighting plan by the issuing authority. Modifying approved lighting, including lamp or
fixture substitution, requires issuing authority approval. All plans must be signed by a registered electrical
engineer or a lighting certified(LC)professional certified by the National Council on Qualifications for the
Lighting Professions. The lighting plan must include the following information and attachments:
(1) Name of project, developer, property owner and architect/designer(all applicable);
(2) Date of initialplan preparation and all amendments;
p P
(3) Scale of plan (engineering scale only, at a scale of one inch equals 50 feet or less) with north point
indication;
(4) An accurate site plan indicating the location of property lines and all existing and proposed land
improvements including, but not limited to, buildings,parking lots, aisles and driveways, streets, walkways
and accessory buildings;
(5) The location and description of all existing over story landscaping unless an approved or proposed
landscape plan is provided;
(6) The location and height above grade of all proposed and existing exterior fixtures (includes
decorative and all mounted lighting) on the property;
(7) Control descriptions including hours of operation and type of controls (timer, motion sensor, time
clock and the like), the light fixtures to be controlled by each type and control schedule;
(8) Two separate photometric plans superimposed on a site plan (see subsection(b)(5) above), one
plan with the initial at-grade foot candle levels and the other the maintained at-grade foot candle levels.
Photometric points must be on a grid ten feet by ten feet or less across the entire site and a minimum of ten
feet or more beyond the lot or parcel property line. Each point must be to the nearest 0.1 foot candle;
(9) A luminaire schedule table indicating maximum to minimum uniformities for each specific use
area such as parking and circulation areas, pedestrian areas and other common public areas, the type of light
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source, light source wattage and initial light output lumens rating, color rendering index, color temperature
and light loss factor of each lamp source;
(10) Detailed information on each light fixture including copy of the manufacturers catalog
information sheet and IESNA photometric distribution type, including any shielding information such as
house side shields, internal and/or external shields; and
(11) Energy use calculations showing compliance with the State Energy Code, without exemptions.
All parking lots regulated by this section are considered public parking lots in the Minnesota State Energy
Code.
(c) Lighting standards. In addition to the following specific requirements, all exterior lighting must
comply with the standards set forth in this section.
(1) Prohibition. No person may install or operate any device with light levels other than as specified in
this section.
(2) Luminaire. A complete lighting unit extending from a support structure,parallel to the ground,
consisting of a light source and all necessary mechanical, electrical and decorative parts. The light source,
lens and other components do not extend below the cutoff angle for the luminaire where a 90 degree cut-off
is required. A luminaire does not include a pole or other support. All lighting, unless specifically allowed in
this section, must be 90 degree cut-off with a flat lens design as shown in subsection (c)(3) below.
(3) Graphic illustration.
(A) Examples of 90 degree cut-off,flat lens fixtures.
Figure 21.301.07(c)(3)
Flat Lens Fixture Examples-90 Degree Cut-off
r _.....
-
__
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(4) Architectural lighting of building facades, signs, landscaping or other features. The installation of
lighting for architectural, aesthetic or decorative purposes is permitted subject to the limitations in the State
Energy Code and the following restrictions.
(A) Upward aimed lighting (except for flagpoles) must not exceed 22,500 initial light output lumens
per source and must not exceed an average of 15 initial light output lumens per square foot for each facade.
All upward aimed light must be fully shielded from public view.
(B) Downward aimed lighting must not exceed 45,000 initial light output lumens per source, must
not exceed an average of 20 initial light output lumens per square foot for each facade illuminated and must
have a 90 degree cut-off with a flat lens.
(C) In no instance may the combined upward and downward lighting for building facades exceed 25
initial light output lumens per square foot for each facade illuminated.
(D) All landscape lighting shall be less than 500 initial light output lumens per source or the light
source must be fully shielded from view and limited to 3,000 initial light output lumens per source fixture.
(5) Brightness of signs and unshielded decorative light sources.
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(A) Dusk to dawn external illuminance standards.
(i) Downward aimed lighting must not exceed 200 initial light output lumens per square foot of
sign surface illuminated. The source must provide a 90 degree cut-off with a flat lens.
(ii) Upward aimed lighting must not exceed 100 initial light output lumens per square foot of sign
surface illuminated. The light source must be fully screened from direct view.
(iii) In no instance may the combined upward and downward lighting exceed 25 initial lumens per
square foot of surface illuminated.
(B) Dusk to dawn luminance standards.
(i) All sign and decorative light sources must not exceed the luminance standards below:
Electronic Graphic
All Signs (Except Display, Video or
Location Those Sign Types Time and
Listed in the Next Temperature Signs
Column) and Decorative Light
Sources
Within the residential zoning districts of R-1, R-1A, RS-
1, R-3, R-4, RM-12, RM-24, RM-50, RM-100, RO-24 125 nits 350 nits
and RO-50 or within 500 feet of and visible from
protected residential property
Within all other zoning districts when greater than 500
feet and not visible from protected residential property 200 nits 425 nits
within 500 feet
On sites adjacent to I-494, I-35W or within the South
Loop District and not visible from a protected residential 300 nits 500 nits
property within 500 feet
(C) Dawn to dusk luminance standards.
(i) All sign and decorative light sources must not exceed 6,500 nits.
(6) Flagpoles. A flagpole may be illuminated by no more than three upward aimed fully shielded
spotlight light fixtures per flag. For flag poles up to 35 feet in height, the fixtures must not exceed a
combined 40,000 initial light output lumens for flags of 35 feet or less in height. An additional 500 initial
light output lumens for each foot in flag height, not pole height, over 35 feet is allowed up to a maximum of
75,000 initial light output lumens. The light fixtures must be placed as close to the base of the flagpole as
reasonably possible and recessed into the ground.
(7) Canopy lighting. Light fixtures mounted under roof overhangs and canopies must be recessed so
that the lens cover is recessed or flush with the bottom surface (soffit) of the canopy and/or shielded by the
fixture or the edge of the canopy so that light is restrained to no more than 85 degrees from vertical. Lights
must not be mounted on the top or sides (fascia) of the canopy for the purposes of illuminating a portion or
the entire canopy.
(A) Example of complying recessed canopy light:
Figure 21.301.07(c)(7)
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Co ony Lighting
Canopy
Fascia
illocassed
1'i
•
•
854
(8) Building entrances or exits. A light source must be located at each building entrance and exit.
(9) Glare. In all zoning districts, all lighting must be arranged so as not to shine directly on any
adjoining property. A person must not create light that produces glare clearly visible beyond a property line
or creates a sensation of brightness within a visual field so as to cause annoyance, discomfort or impairment
of vision. Lenses, deflectors, shields, louvers or prismatic control devices must be used to eliminate
nuisance and hazardous lighting to facilitate compliance with this requirement.
(10) Parking structures. Luminaires used for illumination of designated pedestrian walkways in
parking structures must be at least two times the average illumination or of a significantly different color
value than luminaires used for illuminating vehicle parking and drive aisles. Convex lenses in open parking
garages must not extend more than two inches below the source. Fully enclosed and secured parking
structures are exempt from the cut-off and lens restrictions.
(11) Proof of lighting. A parking lot used exclusively for daylight use or secured to prohibit nighttime
use is exempt from the lighting requirements subject to installation of all conduit and material, other than
the lighting and lighting supports, subject to approval by the issuing authority.
(12) Lighting standards. All exterior lighting must comply with the followingstandards, which vary
g g g g pY
by use. In the event more than one use is present, the highest regulatory standards apply. Single-family and
two-family dwellings and residential parking lots with fewer than 12 parking spaces are exempt from the
minimum light levels required but shall comply with the lights source and height requirements for any
lighting installed. Maintained lighting levels shall be calculated at a light loss factor of 0.81 or the actual
tested light loss factor for the source, whichever is less.
Nonresidential Uses
Residential Zones Within 300 Feet of Office/Industrial Retail and Service
or Uses Protected Residential Uses Oriented Uses
Uses
Maximum height(grade to top of luminaire—
includes base) 28 ft. 33 ft.
Maximum power for a 90 degree cut-off—flat
lens single light source 30,000 initial light output in lumens 50,000 initial light output in lumens
Maximum power for a zero cut-off fixture 3,000 initial light output in lumens 6,000 initial light output in lumens
Special controls All lights required for security must be on an alternate circuit.All other exterior lighting
must be illuminated no earlier than one hour before the start of business and must be
extinguished no later than one hour after the end of business.
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Uniformity ratio(max.:min.)(25-ft.parking
perimeter exempt from this calculation) 6 max. :l min. 10 max. : 1 min.
Minimum illumination on surface(up to a
50%reduction allowed for the perimeter 25 ft. As required for the
1.0FC 1.5 FC 2.0 FC
of parking,loading,access or other surfaced specific uses
areas along the property line)
10.0 FC within a
7.0 FC within 10 radius extending
Minimum illumination for primary building 5.0 FC within 5 ft. As required for the from the door by a
ft.of the
entrance and exits of the entrance/exit specific uses entrance/exit distance equal to
twice the door
opening width
Minimum illumination for secondary and 2.0 FC within 3 ft. As required for the 2.0 FC within 5 ft. 2.0 FC within 5 ft.
emergency building entrance and exits of the entrance/exit specific uses of the entrance of the entrance
Minimum illumination on the pedestrian 2.0 FC within 20
access surface from a primary building ft. 2.0 FC within 30 ft. 3.0 FC with 30 ft.
entrance
Minimum illumination on the designated
pedestrian crosswalks to the primary entrance 2 times the minimum illumination level of the area where the crosswalk is located
Minimum illumination on all pedestrian access
surfaces to primary building entrances other Same as the parking surface for the use
than listed above
Maximum illumination at property line(no
limit along public street) 0.5 FC 2.0 FC
(13) Lighting for special uses. All exterior lighting must comply with the following standards, which
vary by use type. In the event more than one use is present within a development, the more restrictive
requirements apply.
Parking Structures Service Stations and Exterior Storage
Automobile Dealers
Maximum height 33 ft. (open air level) 33 ft.
Maximum power for 90 degree 50,000 initial light 70,000 initial light 50,000 initial light
cut-off—flat lens single light output in lumens output in lumens output in lumens
source
Maximum power for no cut-off 20,000 lumens
fixtures—initial light output in (source shielded) 6,000 lumens 6,000 lumens
lumens 3,000 lumens
(unshielded)
Required—all lights required for security
must be on an alternate circuit; all other
Special controls exterior lighting must be illuminated no earlier Not required
than one hour before the start of business and
must be extinguished no later than one hour
after the end of business
Max.:min. Uniformity ratio (25- 10 max. : 1 min. Not required
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• ft. perimeter exempt)
Minimum illumination on 5.0 FC enclosed areas
parking surface (up to a 50% for retail uses; 3.0 FC
reduction allowed for the enclosed areas for 1.0 FC (when
perimeter 25 ft. of the parking, non-retail uses; open 2.0 FC unsecured)
loading, access or other air levels are
surfaced areas along the regulated as open air
property line or ramp) parking lots
10.0 FC within a
radius extending from 10.0 FC within 20 ft.
the door by a distance
Minimum illumination for equal to twice the of primary entrances;
pedestrian entrance and exits door opening width 5.0 FC within 10 ft. Not applicable
for pedestrian exits of secondary
and entrances on all entrances
levels
25.0 FC within 35 ft.
of 100% closed
Vehicle entrance and exits structure and within 2.0 FC Not applicable
20 ft. for structure at
least 45% open
Minimum illumination on the
pedestrian access surface within 4.0 FC Not applicable
30 ft. of a primary building
entrance
Maximum illumination at
property line (no limit along 2.0 FC 0.5 FC
public street)
(d) Points of measurement. Illumination measurements taken at the property line will be measured at the
greatest point of illumination of said property line. Illumination measurements to determine the minimum
and maximum illumination internal to a site will be measured by positioning the meter horizontally at
ground level at the highest and lowest points of artificial illumination for the area illuminated and shall not
include exempt areas.
(e) Prohibitions. After the effective date of this section, no person may install any of the following types
of outdoor lighting fixtures:
(1) Lights with a color rendition index of less than 50 (except for approved architectural lighting);
(2) Lights with a color temperature (K) of less than 2,500 K(except for approved architectural
lighting);
(3) Blinking, flashing, moving, revolving, flickering, changing intensity or color, and chase lighting,
except lighting for temporary seasonal displays, lighting for public safety or required for air traffic safety;
(4) Any light fixture that may be confused with or construed as a traffic control device;
(5) Any upward oriented lighting, including searchlights, beacons and laser source light fixtures,
except as otherwise provided for in this section or approved by the City Council for a special event or
purpose;
(6) The installation or replacement of parking lot and access lighting with an efficacy less than 70
lumens per watt for the luminaire; and
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(7) Building and grounds lighting that operate at greater than 100 watts must have an efficacy of 60
initial lumens per watt unless controlled by a motion sensor.
(f) Preliminary and final inspection and certification. Prior to the installation of outdoor lighting, an
inspection to verify delivery of the approved lamp, fixture and pole heights must be completed. Before a
certificate of occupancy may be issued, a post-installation inspection by the issuing authority must verify
compliance with the approved plan depicting the initial foot candles levels. Individual points may not vary
more than 20%with the average of all points within 10% of the initial foot candle level on the approved
plans. Any deviation beyond these criteria must be remedied prior to the issuance of a certificate of
occupancy.
(g) Exceptions. This section's standards do not apply to the following types of exterior lighting:
(1) Ornamental lighting. Low voltage light fixtures (12 volts or less), low wattage ornamental
landscape lighting fixtures and solar operated light fixtures having self-contained rechargeable batteries,
where any single light fixture does not exceed 200 initial light output lumens;
(2) Right-of-way lighting. Public lighting located within and intended for the right-of-way;
(3) Temporary lighting. Temporary lighting for approved public sporting events and theatrical,
television or performance areas;
(4) Required lighting. Lighting required as part of the city adopted Electrical or Building Codes or
required by the Federal Aviation Administration or other state or federal agency; and
(5) Public safety lighting. Temporary lighting for police, fire or public safety construction and repair
personnel.
(h) Conformance triggers. Any new lighting designed after the effective date of this section must be in
compliance with the requirements of this section. Any lighting legally in existence before the effective date
of this section that does not comply with its requirements must come into compliance upon the occurrence
of any of the following events. Any lighting illegally in existence before the effective date of this section
must come into compliance immediately upon adoption of this section.
(1) Alterations to existing lighting.
(A) When poles and support structures are removed and replaced for reasons other than acts of God
or accidents, they must be replaced with luminaires,poles and supports that comply with this section; and
(B) When luminaires are replaced without replacement of poles or support structure, they must be
replaced with luminaires that comply with all provisions of this section except the minimum light intensity
provisions of subsection(c)(11) above. In no event, however, may the existing light intensity levels be
reduced below existing lighting levels for the parking area.
(2) Removal and replacement of parking lot surface. When less than 50% of the gross area of the
parking lot surface on a particular site is removed and replaced, the parking area replaced must be provided
with lighting in compliance with this section within 30 days of parking lot completion. If 50% or more of
the parking area on a particular site is removed and replaced within one year, the entire parking lot or lots
on the site where the construction activity occurs must be brought into full compliance with this section
within 30 days of parking lot completion. A parking lot or portion thereof is "removed and replaced"when
any portion of the existing parking surface material is removed and a new surface is installed.
(3) New parking lots or parking lot additions. When a new parking lot or addition to an existing
parking lot is constructed, the new lot or lot addition must be provided with lighting in compliance with §
21.301.06 of this code.
(4) New structures, additions or replacements. When a site is improved with new structures or
additions to or replacements of existing structures, the lighting for the new structure, addition or
replacement on the site must be upgraded with complying lighting and the parking lot lighting must be
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upgraded with complying lighting over a portion of the parking area that is equivalent to the amount of
parking that would be required for the new structure, addition or replacement by § 21.301.06 of this code.
In the event the new structure, addition or replacement is accompanied by new or replaced parking area, the
amount of upgraded lighting area must be that required under this subsection(h)(4), or that required under
the combination of subsections (h)(2) and(h)(3) above, whichever is greater.
(5) Change of type of occupancy. When the type of occupancy for a portion or entire site or structure is
changed, site lighting must be upgraded throughout the site, as necessary, to comply with this section for
the structure, or portion thereof, and the parking lot be upgraded for the required parking for the occupancy
as established in § 21.301.06 of this code. For purposes of determining the type of occupancy of a site, the
occupancy classifications of the State Building Code must be utilized.
(6) Unoccupied sites. When a site has been unoccupied for a period of one year, the lighting must be
upgraded to fully comply with this section prior to any reoccupation of the site.
(7) Conditions of approval. When a development application is made for a site, the City Council may
as a condition of approval require compliance with any or all of the performance standards of this section,
and the extent of compliance required in such cases may be greater than that otherwise required under
subsection (d) above, if deemed reasonably necessary to protect the public health, safety or welfare and to
achieve the purposes of this section.
(8) Nuisance conditions. Lighting that creates a public nuisance must be brought into compliance upon
issuance of orders from the issuing authority.
(i) Date for final compliance. Notwithstanding any of the above, all site lighting within the city must be
in compliance with the minimum illumination levels at ground level as specified in this section no later than
December 31, 2020,unless the site or portion thereof meets one of the following exemptions:
(1) The site has an approved lighting plan with installation on or after August 19, 1996, and the
lighting has been maintained at the levels on the approved plan;
(2) Reserved;
(3) The site has an approved lighting plan with installation prior to August 19, 1996, that documents
illumination levels of no less than 75% of the illumination levels required in subsections (c)(11) or(c)(12)
above for the respective use, provided code complying light fixtures are used and illumination levels are
maintained as per the approved plan;
(4) The site or portion thereof is mapped and scheduled for acquisition by January 1, 2022, by a
federal, state or local government agency. In the event that only a portion of the site is mapped, only that
portion is exempt from compliance;
(5) The site is planned for redevelopment prior to January 1, 2022, as evidenced by an approved
preliminary development plan; or
(6) The City Council has approved a variance exempting compliance due to a hardship or special
circumstance.
(j) Flexibility measures. Site lighting levels in a specific area may be reduced from the standards
discussed above subject to the inclusion of the following crime prevention through environmental design
(CPTED) measures and approval by the City Police Department. These flexibility measures are limited to a
total reduction in site lighting levels of 25%:
(1) Enhanced max.:min. Uniformity ratio at or below 3:1 max.:min. qualifies for up to a 10% lighting
level reduction;
(2) Inclusion of CCTV or sound surveillance devices monitored by security personnel qualify for up to
a 10%lighting level reduction;
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(3) Installation of panic buttons, intercoms or emergency phones throughout the parking area qualifies
for up to a 5% lighting level reduction;
(4) Secured access and use of the parking area qualifies for up to a 5% lighting level reduction;
(5) Inclusion of signs and graphics to enhance movements throughout the site qualifies for up to a 3%
lighting level reduction;
(6) For parking structures, increased parking structure windows or openings to enhance natural
surveillance of parking structure occupants qualify for up to a 3% lighting level reduction in the parking
structure; or
(7) Additional measures identified in a CPTED study submitted and approved with the reduction level
determined by the City Police Department.
(Ord. 2008-13,passed 4-21-2008; Ord. 2009-41, passed 12-7-2009; Ord. 2010-1,passed 1-4-2010; Ord.
2012-2,passed 1-23-2012; Ord. 2013-19,passed 8-19-2013; Ord. 2015-5,passed 1-26-2015 Ord. 2016-6,
passed 4-18-2016; Ord. 2017-9, passed 5-1-2017)
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Print
Bloomington, MN Code of Ordinances
§ 19.108 GENERAL PROVISIONS,INCLUDING BASIC DESIGN ELEMENTS.
(a) Consent of property owner.
(1) No person shall construct, erect,place, use or permit the use of any permanent sign or sign
structure on private or public property without the express written consent of the property owner or his or
her representative.
(2) No person shall construct, erect,place, use or permit the use of any temporary sign on private or
public property without the permission of the property owner or his or her representative.
(b) Required permits. Any sign not exempted from the requirements of obtaining a sign permit as noted
in § 19.105 of this code shall be required to obtain a sign permit pursuant to Chapter 14 of this code.
(c) Sign characteristics.
(1) Grade mounding. Earth mounding inconsistent with the final grade of the land surrounding the
sign structure which increases the elevation of the sign shall be included in the measurement of the sign
height. Earth mounding created for landscaping and screening is not part of the final grade for sign height
computation. See § 19.126.5 for graphic illustration.
(2) Logo on sign area. When a sign is of channel construction,up to 25% of the total sign surface area
installed may be constructed as a cabinet sign for the purposes of presenting a logo or tag line, installed
pursuant to this subsection (c)(2).
(d) Illumination of signs.
(1) Interference with traffic. No lighting shall be permitted to be used in any way in connection with a
sign unless it is so effectively shielded so as to prevent beams or rays of light from being directed at any
portion of the main-traveled way of the public roadway or onto any residential property, or is of such low
intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle, or to
otherwise interfere with any drivers operation of a motor vehicle.
(2) Underground electrical service. All illuminated freestanding identification signs shall have
underground electrical service.
(3) Luminance levels. Luminance levels must comply with § 21.301.07(c)(5).
(e) Sign location.
(1) Clear view triangle area.
(A) Where otherwise allowed in the setback, no sign or sign structures taller than three feet shall be
located within a clear view triangle area.
(B) On a corner lot, the clear view triangle area is formed by the street right-of-way lines and the line
connecting points 15 feet from the intersection of such street right-of-way lines extended. See § 19.126.6
for graphic illustration.
(C) On a lot which has a driveway or is next to a lot which has a driveway, the two clear view
triangle areas are formed by the street right-of-way line,both sides of the surface edge of the driveway, and
the line connecting points 15 feet from the intersection of the street right-of-way line and driveway. See §
19.126.6 for graphic illustration.
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Chanhassen, MN Code of Ordinances Page 1 of 1
Sec. 20-913. - Lighting.
(a) Glare, whether direct or reflected, as differentiated from general illumination shall not
be visible beyond the limits of the site from which it originates.
(b) No light which is flashing, revolving or otherwise resembles a traffic-control signal shall
be allowed in any area where it could create a hazard for passing vehicular traffic.
State Law reference— Similar provisions, M.S. § 169.073.
(c) Lighting fixtures on poles shall comply with the following:
(1) All fixtures must be shielded, high pressure sodium or light-emitting diode (LED),
with a total cutoff angle equal to or less than 90 degrees.
(2) Fixture height shall not exceed 30 feet. Recreational facility light poles shall not
exceed 75 feet in height.
(3) Photometrics shall incorporate existing light fixtures, public or private, that may
impact the site.
(4) All outdoor light fixtures existing and legally installed prior to February 22, 1999,
are exempt from the requirements of this article, unless work is proposed in any
one-year period so as to replace 50 percent or more of the existing outdoor light
fixtures, or to increase to the extent of 50 percent or more the number of outdoor
light fixtures on the premises.
(d) Wall-mounted lighting in commercial, industrial and institutional districts shall comply
with the following:
(1) All wall-mounted light fixtures shall be shielded with a total cutoff angle equal to
or less than 90 degrees.
(e) Lighting shall not be directed skyward except for lighting designed for illuminating the
United States of America flag.
(Ord. No. 80, Art. VI, § 17, 12-15-86; Ord. No. 290, § 2, 2-22-99; Ord. No. 377, § 118, 5-24-04; Ord.
No. 479, § 1, 6-22-09; Ord. No. 533, 5-29-12)
LM ut *a5yeit
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1xcelsior, MN Code of Ordinances Page 1 of 14
Sec. 16-5. - Outdoor lighting.
(a) Purpose. It is the purpose of this section to encourage the use of lighting systems
that will reduce light pollution and promote energy conservation while increasing
night time safety, utility, security and productivity.
(b) Exemptions.The provisions of this section shall not apply to the following:
(1) This section does not prohibit the use of temporary outdoor lighting used
during customary holiday seasons.
(2) This section does not prohibit the use of temporary outdoor lighting used for
civic celebrations and promotions.
(3) Lighting required by a government agency for the safe operation of airplanes,
or security lighting required on government buildings or structures.
(4) Emergency lighting by police, fire and rescue authorities.
(c) Nonconforming uses.
(1) Existing fixtures.All outdoor lighting fixtures existing and legally installed
prior to February 9, 2003 are exempt from regulations of this section but shall
comply with the Appendix E requirements for glare as follows:
a. Any lighting used to illuminate an off-street parking area, sign or other
structure, shall be arranged as to deflect light away from any adjoining
residential zone or from the public streets. Direct or sky-reflected glare,
where from flood lights or from high temperature processes such as
combustion or welding shall not be directed into any adjoining property.
The source of lights shall be hooded or controlled in some manner so as
not to light adjacent property. Bare incandescent light bulbs shall not be
permitted in view of adjacent property or public right-of-way. Any light
or combination of lights which cast light on a public street shall not
exceed one foot candle (meter reading) as measured from the right-of-
way line of said street. Any light or combination of lights which cast light
on residential property shall not exceed four-tenths foot candles (meter
reading) as measured from said property.
(2) New fixtures. Whenever a light fixture that was existing on February 9, 2003 is
replaced by a new outdoor light fixture, the provisions of this section shall be
complied with.
(d)
x / iar
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Intensity. No light source or combination thereof which cast light on a public street
shall exceed one foot candle (meter reading) as measured from the right-of-way
line of said street nor shall any light source or combination thereof which cast light
on adjacent property exceed four-tenths foot candles (meter reading) as measured
at the property line, per the method outlined in subsection 16-5(e).
(e) Method of measuring light intensity. The foot candle level of a light source shall be
taken after dark with the light meter held six inches above the ground with the
meter facing the light source. A reading shall be taken with the light source on,
then with the light source off. The difference between the two readings will be
identified as the light intensity.
(f) Performance standards.
(1) Residential/public park district standards. In all residential and public
districts, any lighting used to illuminate an off-street parking area, structure,
or area shall be arranged as to deflect light away from any adjoining
residential property or from any public right-of-way. Historic style fixtures, as
approved by the city council, shall be used in all heritage preservation sites
and districts as regulated in chapter 20 of the Code. All lighting shall be
installed in accordance with the following provisions:
a. The light source shall be hooded or controlled so as not to light adjacent
property in excess of the maximum intensity defined in subsection 16-5
(d).
b. Bare light bulbs shall not be permitted in view of adjacent property or
public right-of-way, unless part of a permanent or decorative fixture.
(2) Business district standards. Any lighting used to illuminate an off-street
parking area, structure, or area shall be arranged so as to deflect light away
from any adjoining property or from any public right-of-way. Historic style
fixtures, as approved by the city, shall be used in all heritage preservation
sites and districts as regulated in chapter 20 of the Code, as well as
throughout the city where deemed appropriate. All lighting shall be installed
in accordance with the following provisions:
a. The luminaire shall contain a cutoff which directs and cuts off the light
at an angle of 90 degrees or less.
b. Light sources shall not be permitted so as to light adjacent property in
excess of the maximum intensity defined in subsection 16-5(d).
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c. Architectural/historical light fixtures that feature globes that are not
shielded, or lighting of entire facades or architectural features of a
building shall be approved by the city council in compliance with
requirements of the Design Standards. In no case shall the light affect
adjacent property in excess of the maximum intensity defined in
subsection 16-5(d).
d. The maximum height of the fixture and pole above the ground grade
permitted for light sources is 18 feet. A light source mounted on a
building shall not exceed the height of the building. In no case shall the
height of a light source mounted on a pole or on a building exceed the
height limits of the zoning district in which the use is located, or the 18
feet height limitation specified above, except as otherwise provided in
this Appendix E.
e. Location.
1. The light source of an outdoor light fixture shall be setback a
minimum of five feet from a street right-of-way and three feet
from an interior side or rear lot line.
2. No light sources shall be located on the roof unless said light
enhances signage or the architectural features of the building and
is approved by administrative permit.
f. Hours.
1. The use of outdoor lighting for parking lots serving commercial and
industrial businesses shall be turned off one hour after closing,
except for approved security lighting.
2. All illuminated on-premise and off-premise signs for advertising
purposes shall be turned off between 11:00 p.m. and sunrise
except that said signs may be illuminated while the business
facility on the premise is open for service.
g. Direct or reflected glare from high temperature processes such as
combustion or welding shall not be visible from any adjoining property.
(3)
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Outdoor recreation. Outdoor recreational uses such as, but not limited to,
baseball fields, football fields, skating rinks, docks, and tennis courts have
special requirements for night time lighting. Due to these unique
circumstances, a conditional use permit shall be required for outdoor lighting
systems which do not comply with the regulations of this section.
a. No outdoor recreation facility whether public or private shall be
illuminated after 11:00 p.m., except for required security lighting.
b. Off-street parking areas for outdoor recreation uses which are
illuminated shall meet the requirements stated for business applications
as found in subsection 16-5(f)(2).
c. The provisions for a conditional use permit, article 4 of this Appendix E,
are considered and satisfactorily met.
(4) Outdoor signs. Signs shall only utilize illuminating devices mounted on top
and facing downward of the display structure or lighting directed up toward
the sign provided the light source is positioned to prevent glare directed
toward any adjoining property or any right-of-way. No internal or back
lighting of signs shall be allowed. Outdoor sign lighting shall comply with all
provisions of this section, article 24 of this Appendix E, and the design
standards.
( Ord. No. 504, § 1, 10-7-201.3 )
(g) Prohibitions. The following outdoor lights are prohibited within the city:
(1) The use of search lights for any business shall be limited to not more than
four events per calendar year. During any one event, the use of search lights
shall be limited to five days consecutively and shall not be used between the
hours of 10:30 p.m. and sunrise.
(2) Flashing lights.
(h) Submission of plans.All applications, except single-family residential, that include
outdoor lighting must include evidence the proposed outdoor lighting will comply
with this section. The application shall contain the following information, in
addition to other required information:
(1) Site plans indicating the location on the premises of all illuminating devices,
fixtures, lamps, supports, reflectors and other lighting devices.
(2)
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Description of the type of illuminating devices, fixtures, lamps, supports,
reflectors, and other lighting devices. The description may include, but is not
limited to, catalog cuts by manufacturers and drawings (including sections
where required).
(3) Photometric plans illustrating the angle of the cutoff or light emissions, and
illumination field of the proposed site lighting.
ARTICLE 24. - SIGNS
Sec. 24-1. - Signs regulations.
The purpose of this Appendix E is to further substantial governmental interest in pedestrian
safety, traffic safety, environmental protection and aesthetics.
Sec. 24-2. - Permits required.
Except as herein provided it shall be unlawful for any person to erect, alter, or relocate within
the city any sign as defined in this Appendix E without first obtaining a permit to do so from the
zoning administrator and making payment of the permit fee.
(1) Application for permits shall be made upon a form provided by the zoning
administrator, and shall state or have attached thereto the following
information and shall include the sign permit fee set by the city council from
time to time.
(2) Unless waived by the zoning administrator, two blueprints or ink drawings of
the plans and specifications and method of construction and attachment to
the building or in the ground shall be submitted with the application.
(3) Unless waived by the zoning administrator, a copy of stress sheets and
calculations showing how the structure is designed for dead load and wind
pressure in any direction in the amount required by this and all other laws
and ordinances of the city.
Sec. 24-3. - General provisions applicable to all signs.
(a) The design and construction standards as set forth in the Uniform Sign Code, as
may be amended, are hereby adopted.
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(b) The installation of electrical signs shall be subject to the state's electrical code.
Electrical service to such sign shall be underground.
(c) Any sign, signal, marking or device which purports to be or is an imitation of or
resembles any official traffic control device or railroad sign or signal, or emergency
vehicle signs, or which attempts to direct the movement of traffic or which hides
from view or interferes with the effectiveness of any official traffic-control device or
any railroad sign or signal shall be prohibited.
(d) Signs and sign structures shall be properly maintained and kept in a safe condition.
Sign or sign structures which are rotted, unsafe, deteriorated, or defaced shall be
reprinted, repaired, or replaced by the owner or agent of the building upon which
the sign stands. The ground around any sign shall be kept free of weeds and litter
in conformance with chapter 16 of the Code.
(e) No sign shall be attached or be allowed to hang from any building until all
necessary wall and roof attachments have been approved by the city building
official.
(f) No signs, guys, stays or attachments shall be erected, placed or maintained on
rocks, fences or trees nor interfere with any electric light, power, telephone, or
telegraph wires or the supports thereof.
(g) Illuminated signs shall be shielded to prevent lights from being directed at
oncoming traffic. Nor shall such signs interfere with or obscure an official traffic
sign or signal. This includes indoor signs which are visible from public streets.
(h) No sign shall be placed within any drainage or utility easement or within the public
right-of-way except by the issuance of a license agreement in accordance with
article 25 of this Appendix E.
(i) No sign or sign structure shall be erected or maintained that prevents free ingress
or egress from any door, window or fire escape. No sign or sign structure shall be
attached to a stand pipe or fire escape.
(j) A freestanding sign or sign structure constructed so that the faces are not back to
back shall not have an angle separating the faces exceeding 20 degrees unless the
total area of both sides added together does not exceed the maximum allowable
sign area for that district.
(k)
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No sign or sign structure shall be placed on or protrude over the public right-of-
way except wall (maximum protrusion 18 inches), canopy, awning, marquee, and
nonilluminated sandwich board signs not to exceed eight square feet per side. All
signs located over public right-of-way or over any public or private access route
(sidewalk, etc.) shall be located a minimum of eight feet above surface grade.
(I) The top edge of a wall sign shall not extend above the mean level of the roof,
except where there is a mansard roof, in which case the sign shall not exceed the
height of the mansard.
(m) If a sign is not a part of the principal structure or attached thereof, the sign shall
conform to the Appendix E setback requirements.
(n) The area of a sign or area within a sign frame shall be used to calculate the square
footage of the sign area. Should letters or graphics be mounted directly on a wall
or fascia or in such a way as to be without a frame, the dimensions for calculating
the square footage shall be as in the definition of sign area, as found in article 2 of
this Appendix E. Any symbols, flags, pictures, working figures or other forms of
graphics printed on or attached to windows, walks, awnings, freestanding
structures, suspended by balloons or kites or on persons, animals or vehicles shall
be considered as a sign.
(o) The owner or agent of the building and property shall remove any sign that has
become obsolete by reason of termination of the business or vacation of the
premises.
(p) The owner, lessee, or manager of the property where a sign is located shall remove
or correct a sign within 30 days of the receipt of written notice from the zoning
administrator that the sign is in violation or prohibited by this Appendix E.
(q) All signage shall comply with the design standards and the requirements of the
heritage preservation commission, where applicable, as found in chapter 20 of the
Code.
Sec. 24-4. - Prohibited signs.
The following signs are hereby prohibited:
(1) Off-premises signs except for those allowed under sec. 24-6(4).
(Ord. No. 471, § 1, 9-6-2011)
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(2) Except for traffic control, all signs are prohibited within the public right-of-
way or easements except that the zoning administrator may grant an
administrative permit to locate signs, banners and decorations on or within
the right-of-way, as allowed in subsections 24-3(h) and 24-3(k).
(3) Revolving beacons, revolving signs, moving signs or parts thereof, zip
flashers, flashing signs or similar devices, excepting time and temperature
information, official signs or barber poles.
(4) Content classified as "obscene" as defined by Minn. Stats. § 617.241.
(5) Artificially lit roofs or walls or portions thereof, except for security or to
highlight architectural building features in accordance with section 16-5.
(6) Illuminated signs which change in color or intensity of light, flash, scroll, or
are animated other than electronic reader boards for time and temperature
or official signs and non-electronic reader boards and barber poles as
permitted under the B District sign allowances of this article. Electronic and
non-electronic reader boards shall be maintained such that any loss of letters
or illumination of letters shall necessitate discontinuance of sign use, until all
letters and messages can be restored.
(7) Pylon signs.
(8) Changeable copy signs, electronic.
(9) Electronic graphic display signs.
(10) Multivision signs.
(11) Roof signs.
(12) Signs painted, attached or in any other manner affixed to trees or similar
natural surfaces, or attached to utility poles, bridges, towers, or similar public
structures.
(13) Video display signs.
Sec. 24-5. - Permitted signs requiring no permit.
The following signs shall be permitted without a permit:
(1) Official signs.
(2)
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subject business.
b. Display of such signs is permitted only during the business hours of the
subject business.
c. Such signs shall not impede pedestrian traffic or access to other public
improvements.
d. Such signs shall not be less than three feet no exceed five feet in height,
and no less than three square feet or greater than six square feet in
area.
(Ord. No. 471, § 2, 9-6-2011; Ord. No. 541, § 3, 7-18-2016_)
Sec. 24-6. -Temporary signs requiring an administrative permit.
The following signs shall require an administrative permit in compliance with article 8 of this
Appendix E.
(1) Banners, flags, posters, pennants, ribbons, displays, streamers or spinners or
inflatable devices used as a sign on private property or in the public right-of-
way as specified in section 24-4 of this Appendix E, and as defined in article 2
of this Appendix E.
(2) The use of searchlights as permitted in section 16-5 of this Appendix E.
(3) Temporary signs, on-premises. The use of banners, pennants, displays and
similar temporary and portable signs in areas zoned commercial shall be
limited to a period not to exceed 30 days annually. The total time period for
the use of temporary and portable signs for any property shall not exceed 60
days annually. There shall be no more than three such signs on any parcel
and the total signage shall not exceed 30 square feet. Temporary on-
premises signs shall not be placed in the public right of way.
(4) Temporary signs, off-premises. Off-premises temporary signs shall be limited
to non commercial Excelsior entities, displayed no more than ten business
days, and located on private, city property or in the public right of way.
(Ord. No. 471, § 3, 9-6-2011)
Sec. 24-7. - Nonconforming signs.
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width of a lot for purposes of this Appendix E shall be the front. For buildings
with multiple public right-of-way or public trail frontages, no more than 60
percent of the allowable sign area of the entire building shall be allowed on
one building side.
(3) No individual sign surface shall exceed 75 square feet in area, nor shall two or
more signs be so arranged and integrated as to create a sign area of over 100
square feet.
(4) Projecting signs shall not exceed 8 square feet of sign space, extend more
than five feet into the public right-of-way, nor be lower than seven feet above
the public sidewalk.
(5) Awning or canopy signs shall not exceed seven square feet in size or eight
inches in height, and shall be located in the lowest section of the
awning/canopy and parallel to the building.
(6) Freestanding signs that meet the Preservation Design Manual standards for
properties located within the Excelsior Downtown Historic District. Monument
signs no more than eight feet in height shall be permitted outside the
Excelsior Downtown Historic District only as conditional uses in conformance
with article 4 and article 24 of this Appendix E.
(7) Motor fuel facilities. Signs for motor fuel facilities shall be regulated by the
sign provisions for the zoning district in which the facility is located, except
that within a sign, an area not to exceed ten square feet shall be allowed for
non-electronic changeable copy identifying current fuel prices in accordance
with Minn. Stats. § 239.751.
( Ord. No. 541, § 3, 7-18-2016 )
Sec. 24-11. - General provisions regulating use of artificial light sources for illuminated signs.
(a) No internal or back lighting of signs shall be allowed. All artificially illuminated
signs shall only use that amount of artificial light as is needed to light the sign. All
signage shall utilize illuminating devices mounted on top and facing downward of
the display structure or lighting directed up toward the sign. Specifically, wattage
and lumen output of all light sources shall be kept to the minimum necessary to
accomplish this purpose. All lighting shall be of a warm color and glare or reflected
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light which is a by-product of all light shall be kept to a minimum. Artificial light
sources shall not be placed at any height taller than is essential to accomplish the
intended purpose.
(b) Flashing signs shall be prohibited in all zoning districts..
(c) All signage shall comply with the outdoor lighting standards found in section 16-5
of this Appendix E.
(d) Artificial light fixtures shall be of a design such that the light sources, i.e., the light
bulb is fully enclosed by opaque material and does not project beyond them, and
such that light may be transmitted in only one direction except that incandescent
light bulbs with a wattage of 50 watts or less or neon tubes need not be fully
enclosed. Any diffusers must be flush mounted to the opaque fixture such that no
part of the light source, the diffuser itself, or the like, projects beyond the opaque
portion of the fixture.
(e) All artificial light sources shall be contained in fully opaque fixtures which control
the light such that the light is directed either straight down or straight up, or is
located so close to the sign that there is no broadcast or glare of light beyond the
sign. It is intended that the visibility of the light source itself, i.e., the light bulb, be
minimal.
(f) All artificial illumination of signs shall be turned off at the close of business or at
11:00 p.m., whichever occurs later.
( Ord. No. 504, § 2, 10-7-2013 ; Ord. No. 541, § 3, 7-18-2016 )
Sec. 24-12. -Variance.
The city council may approve a variance, in conformance with article 6 of this Appendix E.
(Ord. No. 429, 7-21-2008)
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PLYMOUTH ZONING ORDINANCE
21105.05. TRAFFIC SIGHT VISIBILITY: Except as may be approved by the
Zoning Administrator, and except for a governmental agency for the purpose of
screening, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be
placed on or extend into any yard or right-of-way area so as to pose a danger to traffic by
obscuring the view of approaching vehicular traffic or pedestrians from any street or
driveway. Visibility from any street or driveway shall be unobstructed above a height of
three feet, measured from where both street or driveway center lines intersect within a
triangular area described as beginning at the intersection of the projected curb line of two
intersecting streets or drives, thence 30 feet along one curb line, thence diagonally to a
point 30 feet from the point of beginning along the other curb line. The exception to this
requirement shall be where there is a tree, planting or landscape arrangement within such
area that will not create a total obstruction wider than three feet. These requirements shall
not apply to conditions that legally exist prior to the effective date of this Chapter unless
the Zoning Administrator determines that such conditions constitute a safety hazard.
(Amended by Ord. No 2002-32, 11/26/02)
21105.06. EXTERIOR LIGHTING: Exterior lighting shall comply with the
following standards:
Subd. 1. Purpose and Scope. The purpose of this Section is to establish
exterior lighting requirements that will 1) permit reasonable uses of lighting for
night-time safety, utility, security, productivity, enjoyment and commerce, 2)
minimize glare, obtrusive light and artificial sky glow by limiting outdoor lighting
that is misdirected, excessive or unnecessary, 3) conserve energy and resources to
the greatest extent possible and 4) help protect the natural environment from the
damaging effects of night lighting from man-made sources.
Subd. 2. Use of Lighting Zones.
(a) Using Table 1 as a guide, the City Council shall determine and maintain
Lighting Zones within the boundaries of the City.
(b) The lighting zones established by this Ordinance are hereby set forth on
the Plymouth, Minnesota Lighting Zone Map; and said map is hereby made a part
of this Ordinance; said map shall be known as the"Plymouth, Minnesota Lighting
Zone Map". Said map and all notations, references, and data shown thereon are
hereby incorporated by reference into this Ordinance and shall be as much a part
of it as if all were fully described herein. It shall be the responsibility of the
Zoning Administrator to maintain said map, and amendments thereto shall be
recorded on said Lighting Zone Map within 30 days after official adoption of
amendments. The official Lighting Zone Map shall be kept on file in the City
Hall. The Lighting Zone of a parcel or project shall determine the limitations for
lighting as specified in this Section.
21105-3
PIymoLLW)
PLYMOUTH ZONING ORDINANCE
(c) Amendments to the Lighting Zones shall be processed according to the
procedures established in Section 21010 of this Chapter.
Table 1 —Lighting Zone Ratings and Characteristics
Zone- Ambler) ypicaI I_.ocations
llutnination
LZO No ambient Natural areas (City-owned open space as
lighting defined in the Plymouth Comprehensive
Plan).
LZ 1 Low ambient Low and medium density residential areas,
lighting (generally properties guided Living Area-1,
Living Area-2, Living Area-3).
LZ2 Moderate High density residential areas (properties
ambient lighting guided Living Area-4, Living Area-5),
shopping and commercial districts
(generally properties guided Commercial,
City Center and Commercial Office),
industrial parks and districts (properties
guided Planned Industrial), City playfields
and major institutional uses and mixed use
districts.
LZ3 Moderately high By conditional use permit only.
ambient lighting
Subd. 3. Applicability.
(a) All outdoor lighting fixtures (luminaires) in Lighting Zone 2, and all
outdoor lighting fixtures on non-residential properties in Lighting Zones 0 and 1
shall be installed in conformance with the provisions of this Section and Section
21155 (Sign Regulations) as applicable as well as the latest rules, codes and
regulations, including but not limited to OSHA, National Fire Codes of Fire
Protection Association (NFPA), Minnesota State Building Code, and National
Electrical Code. In addition, all luminaires shall be installed under appropriate
permit and inspection.
(b) Lighting on single- and two-family homes, manor homes, and townhouses
is subject only to the regulations as outlined in Subd. 6 and in Subd. 7 (c) of this
subsection.
(c) Lighting in the public right-of-way is not regulated by this Section.
However, it is recommended that all such lighting conform to the regulations in
this Section.
21105-4
PLYMOUTH ZONING ORDINANCE
Subd. 4. General Performance Standards:
(a) Luminaire shielding and installation requirements. Luminaires within 300
feet of a residential property line shall be equipped with side shielding(house side
shielding), except that luminaires mounted at a height of 12 feet or lower shall be
exempt from this requirement provided they meet IESNA UO rating.
(b) Height Limits.
(1) Pole mounted lighting. Lighting mounted onto poles or any
structures intended primarily for mounting of lighting shall not exceed a
mounting height of 40 percent of the horizontal distance of the light pole
from the property line, nor a maximum height according to Table 2,
whichever is lower. Height includes the base and the pole heights.
Table 2—Maximum Lighting Mounting Height in Feet
Lighting Lighting for Lighting for All Other
Zone Di i' Ways,Parking, Walkways, Lighting
and Transit Plazas, and other
Pedestrian Areas
LZO 25 feet 12 feet 4.5 feet
LZ1 25 feet 18 feet 8 feet
LZ2 30 feet 18 feet 15 feet
LZ3* 30 feet 18 feet 15 feet
*By conditional use permit only.
(2) Exceptions for pole heights.
a. Mounting heights greater than 40 percent of the horizontal
distance to the property line but no greater than permitted by Table
2 may be used provided that the luminaire has a BO rating if ideally
oriented or a GO rating if not ideally oriented.
b. Lights specifically for driveways, and then only at the
intersection of the road providing access to the site, may be
mounted at any distance relative to the property line, but may not
exceed the mounting height listed in Table 2.
c. Landscape lighting may be installed in a tree.
(3) Lights mounted to buildings or structures. Lighting mounted onto
buildings or other structures shall not exceed a mounting height greater
than four feet higher than the tallest part of the building or structure at the
place where the lighting is installed, nor higher than 40 percent of the
horizontal distance of the light from the property line,whichever is less.
21105-5
PLYMOUTH ZONING ORDINANCE
(4) Exceptions for building mounted lights.
a. Lighting for facades may be mounted at any height equal to
or less than the total height of the structure being illuminated
regardless of horizontal distance to property line.
b. For buildings less than 40 feet to the property line,
including canopies or overhangs onto a sidewalk or public right of
way, luminaires may be mounted to the vertical facade or
underside of canopies at 16 feet or less.
c. The top exterior deck of parking garages shall be treated as
normal pole mounted lighting rather than as lights mounted to
buildings. The lights on the outside edges of such a deck must be
side shielded to the property line.
(c) Lighting Quality
(1) All permanently installed lighting for high density residential
developments and all non-residential lighting shall have a minimum CRI
of 70.
(2) All permanently installed lighting for high density residential
developments and all non-residential lighting shall have a CCT of no
greater than 4100K.
(d) Lighting quantity and luminaire distribution.
(1) Total site lumen limit: The total installed initial luminaire lumens
of all outdoor lighting shall not exceed the total site lumen limit. The total
site lumen limit shall be determined using either the Parking Space
Method (Table 3) or the Hardscape Area Method (Table 4). Only one
method shall be used per application, and for sites with existing lighting,
existing lighting shall be included in the calculation of total initial
installed luminaire lumens. The total installed initial luminaire lumens is
calculated as the sum of the initial luminaire lumens for all luminaires.
Table 3—Allowed Total Initial Luminaire Lumens per Site per Parking Space
Method (May only be applied to properties with no more than 10 parking
spaces, including handicapped accessible spaces)
Lighting ng one LZO LL nGfi � Z .. 112 LZ3*
Allowance 350 490 630 840
lumens/space lumens/space lumens/space lumens/space
*By conditional use permit only.
21105-6
PLYMOUTH ZONING ORDINANCE
Table 4—Allowed Total Initial Luminaire Lumens per Site per Hardscape Area
Method (May be used for any project)
s yWu , Lighting Zoneu aa,c �A ZO kb LZI ,LZ2 113*
Base allowance of lumens per square foot 0.5 1.25 2.5 5
of hardscapel
Additional allowances for sales and service facilities.
No more than two additional allowances per site. Use it or lose it.
Outdoor Sales Lots. This allowance is
lumens per square foot of uncovered sales
lots used exclusively for the display of 4 8 16
vehicles or other merchandise for sale, and 0 lumens/ lumens/ lumens/
may not include driveways,parking or sf sf sf
other non-sales areas. To use this
allowance, luminaires must be within 2
mounting heights of the sales lot area.
Outdoor Sales Frontage. This allowance
is for lineal feet of sales frontage
immediately adjacent to the principal
viewing location(s)and unobstructed for its
viewing length. A corner sales lot may 1,000 1,500
include two adjacent sides provided that a 0 0 lumens/ lumens/
different principal viewing location exists LF LF
for each side. In order to use this
allowance, luminaires must be located
between the principal viewing location and
the frontage outdoor sales area.
2,000 4,000 8,000
Drive Up Windows. In order to use this lumens lumens lumens
allowance, luminaires must be within 20 0 per per per
feet horizontal distance of the center of the drive- drive- drive-
window. up up up
window window window
4,000 8,000 16,000
Vehicle Service Station. This allowance is lumens
0 lumens lumens
lumens per refueling bay. per bay per bay bper
ay
*By conditional use permit only.
'When lighting intersections of site drives and public streets or roads, a total of 600
square feet for each intersection may be added to the actual site hardscape area to provide
for intersection lighting.
(2) Limits to off-site impacts: All luminaires shall be rated and
installed according to Tables 5, 6 and 7. A luminaire may be used if it is
rated for the lighting zone of the site or lower in number for all B, U and G
ratings. Luminaires equipped with adjustable mounting devices
21105-7
PLYMOUTH ZONING ORDINANCE
permitting alteration of luminaire aiming in the field shall not be
permitted.
(Amended by Ord. No. 2016-11, 04/26/16)
Table 5—Maximum Allowable Backlight Ratings
Mountina Condition' LZO ; LZ1 LZ2 LZ3*
Greater than 2 mounting heights from B1 B3 B4 B5
property line or not ideally oriented
1 to less than 2 mounting heights from B1 B2 B3 B4
property line and ideally oriented
0.5 to less than 1 mounting height from BO B 1 B2 B3
property line and ideally oriented
Less than 0.5 mounting height from BO BO BO B 1
property line and ideally oriented
*By conditional use permit only.
'For property lines that abut public walkways, bikeways, plazas, and parking lots, the
property line may be considered to be 5 feet beyond the actual property line for purpose
of determining compliance with this table. For property lines that abut public roadways
and public transit corridors, the property line may be considered to be the centerline of
the public roadway or public corridor for the purpose of determining compliance with
this table. NOTE: This adjustment is relative to Tables 5 and 7 only, and shall not be
used to increase the Hardscape Area of the site.
Table 6—Maximum Allowable Uplight Ratings
Description ° m ;' 'u ' ,y ;LZ{ s' LZ1 LZ2 LZ3
Area lighting UO UO UO UO
Ornamental lighting and luminaires not UO U 1 U2 U3
used for area lighting
*By conditional use permit only.
21105-8
PLYMOUTH ZONING ORDINANCE
Table 7—Maximum Allowable Glare Ratings
Mounting Condition , , e .
Greater than 2 mounting heights from GO G 1 G2 G3
property line or ideally oriented
1 to less than 2 mounting heights from GO GO G 1 G 1
property line and not ideally oriented
0.5 to less than 1 mounting height from GO GO GO G1
property line and not ideally oriented
Less than 0.5 mounting heights from GO GO GO GO
property line and not ideally oriented
*By conditional use permit only.
(3) Shielding for parking lot lighting: All parking lot lighting shall
have a UO rating, except that ornamental parking lot lighting shall meet
the requirements of Tables 5, 6 and 7 without the need for external field-
added modifications.
(e) Required lighting controls. Lighting systems for non-residential
properties shall be extinguished or reduced in lighting by at least 50 percent
beginning at curfew and continuing until dawn or start of business, whichever is
sooner. The reduction shall be determined as an overall average for a site. When
possible,the lighting system should be turned off entirely.
(1) Curfew. Curfew shall be as follows:
LZO,the later of 8:00 PM or close of business
LZ1,the later of 8:00 PM or close of business
LZ2,the later of 10:00 PM or close of business
LZ3, the later of midnight or close of business (by conditional use
permit only)
(2) Low voltage landscape lighting shall be completely extinguished at
the Curfew time stated above or one hour after the site is closed,
whichever is sooner.
(3) Exceptions to curfew:
a. When there is only one (conforming) luminaire for the site.
b. Code required lighting for steps, stairs, walkways, and
building entrances.
c. When in the opinion of the City Council, reduced lighting
levels at a given location will cause unacceptable increased risk
and design levels must be maintained.
21105-9
PLYMOUTH ZONING ORDINANCE
(f) Prohibited lighting.
(1) Mercury vapor lamps
(2) Luminaires mounted to aim light only toward a property line.
(3) Luminaires mounted in a way so as to cause confusion or hazard to
traffic or to conflict with traffic control signs or lights.
(g) Following installation of any lighting on a site, the engineer or lighting
professional who prepared the lighting plan shall certify in writing that the
location, type, mounting height, initial luminaire lumens, and photometric data
including BUG ratings all comply with the approved lighting plan.
(h) Any new lighting installed after the effective date of this ordinance shall
be in compliance with the requirements of this Section. Any lighting in existence
before the effective date of this ordinance that does not comply with the
requirements shall be considered legally non-conforming. However, if a property
owner proposes to replace 50 percent or more of the existing exterior luminaires
or standards in any one year period, the luminaires or standards must be replaced
in conformance with this Chapter.
(Amended by Ord. No. 2015-15, 05/26/15)
Subd. 5. Light Trespass Limitations. The illuminance levels provided in
Table 8 shall be used for enforcement should concerns of obtrusive lighting or
questions of compliance arise. This provision shall apply to all exterior lighting,
and to interior lighting if the light source is visible off-site. The illuminance
values provided in Table 8 shall be measured at the lot line unless said lot line
abuts a public street, in which case the illuminance values shall be measured at
the centerline of such public street.
Table 8—Light Trespass Limitations
Lighting Zone Maximum Ilium nance9 Maximum Illuminance
Level—Pre-Curfew V Level-Post-Curfew
LZO 0.0 foot-candles 0.0 foot-candles
LZ 1 0.1 foot-candles 0.1 foot-candles
LZ2 0.3 foot-candles 0.1 foot-candles
LZ3 0.8 foot-candles 0.2 foot-candles
Subd. 6. Exempt Lighting: The following luminaires and lighting systems
are exempt from the provisions of this Section.
21105-10
PLYMOUTH ZONING ORDINANCE
(a) Lighting required and regulated by the Federal Aviation Administration or
other federal or state agency.
(b) Situations where fire, police, rescue or repair personnel need light for
temporary emergencies or road repair work.
(c) Temporary seasonal lighting provided that individual lamps are less than
10 watts and 70 lumens.
(d) Temporary lighting for theatrical, television and performance areas.
(e) Soffit or wall-mounted luminaires with less than 375 initial luminaire
lumens and permanently attached to dwellings (including multi-family residence
but excluding hotels or motels) at a height not to exceed 20 feet above the
adjacent grade.
(f) Lighting in swimming pools and other water features governed by Article
680 of the National Electrical Code.
(g) Code required exit signs.
(h) Code required lighting for stairs and ramps.
(i) Interior lighting, except as addressed by Section 21105.06, Subd. 5 of this
Section.
Subd. 7. Special Purpose Lighting.
(a) High intensity lighting. The following lighting systems are prohibited
from being installed except by administrative permit.
(1) Aerial lasers.
(2) Skytrackers.
(3) Motion detection security lighting, except that such lighting for
single- and two-family homes shall be permitted and shall be
exempt from the requirement for an administrative permit.
(b) Other special lighting.
(1) Lighting systems not complying with the technical requirements of
this Section but consistent with its intent may be installed for the
following applications upon issuance of a conditional use permit. Each
request for a conditional use permit shall be evaluated based upon the
21105-11
•
PLYMOUTH ZONING ORDINANCE
standards and criteria set forth in Section 21015.02, Subd. 4 of this
Chapter.
(i) Outdoor athletic fields and recreation areas.
(ii) Construction lighting.
(iii) National and State flag lighting with spotlights greater than
3,400 lumens in LZ2 and LZ3 and 2,000 lumens in LZO and LZ1.
(iv) Floodlighting of buildings over two (2) stories high.
(v) Public monuments, public buildings and religious
institutions.
(vi) Ornamental lighting in LZO and LZ 1.
(2) To obtain a conditional use permit, applicants shall demonstrate
that the proposed lighting installation:
(a) Is not within LZO or LZ1, except for ornamental lighting
and necessary construction lighting.
(b) Utilizes fully shielded luminaires and, if required, side
shielded and internally shielded luminaires that are installed in a
fashion that maintains the shielding characteristics unless certified
in writing by a registered engineer or by a certified lighting
professional that such shielding is impractical. Where fully
shielded fixtures cannot be utilized, acceptable luminaires shall
include only those that are installed with maximum aiming angles
of 65 degrees above nadir. Said aiming angle shall be measured
from nadir as defined by an independent testing agency using Type
B photometry as defined by the IES.
(c) Has received every reasonable effort to mitigate light
trespass and light pollution, supported by a signed statement from
a registered engineer or by a certified lighting professional
describing the mitigation measures.
(d) Complies with all the technical requirements of this Section
after curfew, with the following exception: No illumination of
athletic fields shall be permitted after 11:00 PM, except to
conclude a scheduled event that was in progress before 11:00 PM
and circumstances prevented concluding before 11:00 PM.
(c) Lighting for single and two family homes,manor homes, and townhouses.
21105-12
PLYMOUTH ZONING ORDINANCE
(1) Lighting systems for single family homes in all Lighting Zones
shall be in compliance with the Pre-Curfew Light Trespass Limitations at
the lot line provided in Table 8 above. Lighting systems for two family
homes, manor homes, and townhouses in all Lighting Zones may consider
the Pre-Curfew Light Trespass Limitations at the subdivision boundary
instead of the lot line.
(2) Motion activated lighting systems for single family homes in all
Lighting Zones shall not be activated by movement beyond the lot line,
and motion activated lighting systems for two family homes, manor
homes, and townhouses in all Lighting Zones shall not be activated by
beyond the 'vision boundary.
(3) Lighting systems for single family homes, two family homes,
manor homes, and townhouses in all Lighting Zones that provide lighting,
or are intended to provide lighting, for recreational purposes (i.e., sport
courts, hockey rinks, or other similar features) shall direct lighting
downward and inward from the perimeter lot boundaries, shall not exceed
15 feet in height, and shall be turned off between 10:00 PM and 7:00 AM.
(Amended by Ord. No. 2013-27, 10/22/13)
21105.07. SMOKE: The emission of smoke by any use shall be in compliance with
and regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulation APC 7017.
21105.08. DUST AND OTHER PARTICULATE MATTER: The emission of
dust, fly ash or other particulate matter by any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation
APC 7011.
21105.09. AIR POLLUTION: The emission of air pollution, including potentially
hazardous emissions, by any use shall be in compliance with and regulated by Minnesota
Statutes 116, as may be amended.
21105.10. NOISE: Noises emanating from any use shall be in compliance with and
regulated by 2025 of the City Code. (Amended by Ord. No. 2000-06, 02/29/00)
21105-13
TH ZONING PLYMOURDINANCE O
21155.03. EFFECT: A sign may be erected, mounted, displayed, or maintained if it
conforms to the provisions of this Section. No person shall place, erect, modify, or
maintain a sign, nor shall a lessee or owner permit property under their control to be used
for such sign, that does not conform to the requirements of this Section, and all other
regulations. The effect of this Section, as more specifically set forth herein, is to:
Subd. 1. Allow a wide variety of sign types in commercial zones, and a
more limited variety of signs in other zones, subject to the standards set forth in this
Section.
Subd. 2. Allow certain small, unobtrusive signs incidental to the principal
use of a site in all zones when in compliance with the requirements of this Section.
Subd. 3. Prohibit signs whose location, size, type, illumination or other
physical characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the public
health, safety and welfare.
Subd. 4. Provide for the administration and enforcement of the provisions
of this Section.
(Amended by Ord. No. 2007-04, 01/23/07)
21155.04. SEVERABILITY: If any subsection, sentence, clause, or phrase of this
Section is for any reason held to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portions of this Section. The City Council hereby
declares that it would have adopted the regulations in each subsection, sentence, or
phrase thereof, irrespective of the fact that any one or more subsections, sentences,
clauses or phrases be declared invalid.
(Amended by Ord. No. 2007-04, 01/23/07)
21155.05. GENERAL REGULATIONS AND RESTRICTIONS: The following
standards shall apply to all signs in all districts as permitted by this subdivision unless
specifically set forth otherwise by this Section. Determination as to the applicability of
the standards to any given sign shall rest with the Zoning Administrator subject to the
administrative appeal procedures set forth in this Section.
Subd. 1. All signs hereafter erected or maintained, except for official or
traffic signs, shall conform to the provisions of this Section; with other applicable
ordinances and regulations of the City; and, relative to all federal and state highways,
with the Minnesota Outdoor Advertising Control Act, Minnesota Statutes, Section
173.01, as amended.
Subd. 2. Unless specifically prohibited, all signs may be illuminated
internally or by reflected light subject to the following:
21155-2
PLYMOUTH ZONING ORDINANCE
(a) The light source shall not be directly visible and shall be arranged to
reflect away from adjoining premises.
(b) The illumination source shall not be placed so to cause confusion or
hazard to traffic, or to conflict with official or traffic signs, signals, or lights.
(c) Maximum illumination levels:
(1) Signs using an LED (Light Emitting Diode) light source shall not
exceed a luminance level of 350 candela per square meter (nits) between
sunset and sunrise, and shall not exceed a luminance level of 4,500
candela per square meter between sunrise and sunset. (Amended by Ord.
No. 2013-27, 10/22/13)
(2) Signs using florescent, neon, or incandescent light sources shall
not exceed 12 watts per square foot of sign surface area.
(3) All signs with illumination shall be equipped with a mechanism
that automatically adjusts the brightness to ambient lighting conditions
(e.g., dusk).
(d) No illumination involving movement, by reason of the lighting
arrangement, lighting source, changes in either color or intensity of lighting, or
other devices shall be permitted. This includes video display signs (except as
allowed in Section 21155.05, Subd. 2 (e) and scoreboards as allowed in Section
21650 of this Chapter), or any signs that have blinking, flashing, scrolling,
shimmering, and rotating, except that time and temperature signs may be allowed.
Furthermore, the transition from one static electronic display to another must be
instantaneous without any special effects.
(e) An electronic changeable copy sign, electronic graphic display sign, video
display sign or a changeable copy sign, in addition to other permitted signage,
may be permitted provided the following conditions are met:
(1) The message shall not be visible from any public street.
(2) The portion of the sign allocated to changeable copy shall be no
greater than six square feet.
(3) The sign shall comply with all other signage regulations.
(0 Electronic changeable copy and electronic graphic display signs shall be
designed and equipped to freeze the device in one position if a malfunction occurs
or immediately discontinue the display. Additionally, the sign owner shall
immediately stop the display if notified by the City that the sign is not complying
with the standards of this Chapter.
(Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2012-12, 03/27/12)
21155-3
PLYMOUTH ZONING ORDINANCE
Subd. 3. The message or display on electronic changeable copy signs or
electronic graphic display signs shall not change more than one time every 15 minutes,
except for those signs permitted by Section 21155.05 Subd. 2 (e) and time and
temperature signs. A display of time or temperature must remain for at least 15 minutes
before changing to a different display, but the time and temperature information itself
may change. (Amended by Ord. No. 2008-09, 03/24/08)
Subd. 4. With the exception of theater marquees, changeable copy signage
(electronic or not) is not allowed to be placed on walls.
Subd. 5. Signs painted directly on building exteriors are not permitted.
Subd. 6. Except as otherwise limited by this Section, no Freestanding
freestanding sign shall project higher than 36 feet above grade. Sign
Max.160 sq.ft.
36'
Subd. 7. Except as otherwise limited by this Section, no Max
freestanding sign shall exceed 160 square feet in surface area.
(Amended by Ord. No. 2008-09, 03/24/08)
Subd. 8. No wall sign or other sign attached to a
building shall project above the roof line or parapet of the ,
building to which it is attached or shall constitute a roof sign as r .
defined by this Section. The exception is that wall signage may
be placed partially over the roof area of buildings with flat roofs,
provided such signage is located upon a perpendicular building
column projecting from an exterior wall, and the signage is
counted toward the allowable wall signage for the wall to which
the column is attached. No wall signage may be placed higher than the roof line or
parapet on a perpendicular building column projecting from an exterior wall that exceeds
eight feet above the parapet of the building or roof line of the building (if the building has
no parapet). (Amended by Ord. No. 99-5, 01/19/99) (Amended by Ord. No. 2010-01,
02/23/10) (Amended by Ord. No. 2012-23, 08/14/12)
Subd. 9. No sign shall be erected or placed that resembles any official
marker directed by a government agency, nor shall signs display such words as "stop" or
"danger" except that in shopping centers these or other traffic signs may be used where
deemed appropriate by the City Engineer.
Subd. 10. No sign shall obstruct any window, door, fire escape, stairway, or
other authorized or required building opening.
Subd. 11. No sign shall be erected or placed that, by reason of position,
shape, size, or color, would interfere with proper functioning of a traffic sign or with
reasonable visibility at a street intersection.
Subd. 12. Signs shall not be permitted within the public right-of-way, or
within dedicated public easements except the following:
21155-4
Marie Darling
From: Susan Thomas <sthomas@eminnetonka.com>
Sent: Thursday, February 7, 2019 5:28 PM
To: Marie Darling
Subject: RE: lighting regulations
Marie,
We don't really have much ... and they are kind of buried in our Performance Standard section:
2. Performance Standards Regulating Exterior Lighting.
a) Exterior lighting shall be designed and arranged to limit direct illumination and glare upon or into any
contiguous parcel. Reflected glare or spill light shall not exceed five-tenths footcandles as measured on
the property line when abutting any residential parcel and one footcandle on any abutting commercial or
industrial parcel. Street lights installed in public right-of-way shall be excepted from these standards.
b) Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to
maintain traffic safety on public roads. These measures shall include lenses, shields, louvers, prismatic
control devices and limitations on the height and type of fixtures. The city may also limit the hours of
operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding
neighborhood.
c) No flickering or flashing lights shall be permitted.
d) Direct, off-site views of the light source shall not be permitted except for globe and ornamental light
fixtures approved in conjunction with a site and building plan. Globe and ornamental fixtures shall only
be approved when the developer can demonstrate that off-site impacts stemming from direct views of
the bulb are mitigated by the fixture design or location or both.
e) The city may require submission of a light distribution plan if deemed necessary to ensure compliance
with the intent of this ordinance.
Best,
Susan
Susan Thomas I Assistant City Planner
City of Minnetonka I eminnetonka.com
Office: 952-939-8292
From: Marie Darling<MDarling@ci.shorewood.mn.us>
Sent:Thursday, February 7, 2019 5:26 PM
To:Susan Thomas<sthomas@eminnetonka.com>
Subject: lighting regulations
Can you please send over your lighting regulations? We couldn't find them on the website.
Thanks! f�
1
I
Marie Darling
From: Susan Thomas <sthomas@eminnetonka.com>
Sent: Monday, February 11, 2019 4:07 PM
To: Marie Darling
Subject: RE: lighting regulations
We have not regulated holiday lighting in the past. It seems like a very slippery, "first amendment-ish" slope. Here are
our sign illumination regs:
8. Sign illumination.
a) All illuminated signs must meet the following standards:
1) External illumination on signs must be directed so that the illumination does not interfere with safe traffic
operations;
2) Illuminated signs must not be directly oriented to any residential district;
3) No sign may be brighter than is necessary for clear and adequate visibility.
4) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with
average eyesight or to otherwise interfere with the driver's operation of a motor vehicle.
5) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic
sign, device or signal.
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 following appeal procedure:
1) After making the adjustment required by the city,the person owning or controlling the sign may appeal
the city's determination by delivering a written appeal to the city clerk within 10 days after the city's non-
compliance notice. The written appeal must include the name of a person unrelated to the person and business
making the appeal, who will serve on the appeal panel.
2) Within five business days after receiving the appeal, the city must name a person who is not an official or
employee of the city to serve on the appeal panel. Within five business days after the city names its
representative, the city's representative must contact the sign owner's representative, and the two of them must
appoint a third member to the panel, who has no relationship to either party.
3) The appeal panel may develop its own rules of procedure, but it must hold a hearing within five business
days after the third member is appointed. The city and the sign owner must be given the opportunity to present
testimony, and the panel may hold the hearing, or a portion of it, at the sign location. The panel must issue its
decision on what level of brightness is needed to meet the brightness standards within five business days after
the hearing commences. The decision will be binding on both parties.
c) All signs installed after June 25, 2007 that will have illumination by a means other than natural light must
be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions.
These signs must also be equipped with a means to immediately turn off the display or lighting if it
malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by
the city that it is not complying with the standards in this section.
S.
1
07 Ct
ZONING
(e) Sodding and ground cover. All areas not otherwise improved in accordance with approved site
plans shall be sodded or seeded.
(f) Maintenance. In all districts, required landscaping shall be maintained so as not to be unsightly
or present harmful health or safety conditions. Dead plant materials shall be replaced promptly.
(g) Tree preservation policy.
(1) It is the intent of the city to preserve wooded areas throughout the city and with respect
to future site development, to retain, as far as practicable, substantial existing tree
cover.
(2) Credit for the retention of existing trees which are of acceptable species, size and
location may be given to satisfy the minimum number requirements set forth in this
section.
(3) The following restrictions shall apply to all development occurring in wooded areas:
a. Structures shall be located in such a manner that the maximum number of trees
shall be preserved.
b. Prior to the granting of a building permit, it shall be the duty of the person
seeking the permit to demonstrate that there are no feasible or prudent
alternatives to the cutting of trees on the site.
c. Forestation, reforestation or landscaping shall utilize a variety of tree species
and shall not utilize any species presently under disease epidemic. Species
planted shall be hardy under local conditions and compatible with the local
landscape.
d. Development including grading and contouring shall take place in such a
manner that the root zone aeration stability of existing trees shall not be
affected and shall provide existing trees with a watering equal to one-half the
crown area.
e. Notwithstanding the restrictions in this subsection, the removal of trees
seriously damaged by storms,or other natural causes,shall not be prohibited.
(Code 1987, §350.725;Ord.No.61-1993, §350.725,2-23-1994)
Sec. 129-318. Glare.
In all districts, any lighting used to illuminate an off-street parking area, sign, or other structure, shall be
arranged so as to deflect light away from any adjoining residential zone or from the public streets.Direct or sky-
reflected glare, where from floodlights or from high temperature processes such as combustion or welding, shall
not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner
so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent
property or public right-of-way. Any light or combination of lights which cast light on a public street shall not
exceed one footcandle (meter reading) as measured from the centerline of said street. Any light or combination
of lights which cast light on residential property shall not exceed 0.4 footcandle (meter reading) as measured
from said property line.
(Code 1987, §350.730;Ord.No.61-1993, §350.730,2-23-1994)
Sec. 129-319.Bulk storage.
All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids
shall require a conditional use permit in order that the governing body may have assurance that fire, explosion,
or water or soil contamination hazards are not present(that would be detrimental to the public health, safety,and
general welfare). All existing, aboveground liquid storage tanks having a capacity in excess of 10,000 gallons
shall secure a conditional use permit within 24 months following enactment of the ordinance from which this
chapter is derived. The City Council may require the development of diking around said tanks. Diking shall be
suitably sealed,and shall hold a leakage capacity equal to 115 percent of the capacity of the largest, single tank.
129:88
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SIGNS
subsection(i)of this section.
(c) Motion signs or similar devices shall be prohibited in all districts.
(d) No illuminated sign which changes in either color or intensity of light shall be permitted
except one giving time, date, temperature, weather or similar public service information. The city in
granting permits for illuminated signs shall specify the hours during which same may be kept lighted when
necessary to prevent the creation of a nuisance. All illuminated signs shall have a shielded light source and
concealed wiring and conduit and shall not interfere with traffic signalization.
(e) Signs in the central business district shall not project over public property more than 18
inches.
(f) Business signs shall not be painted, attached or in any manner affixed to trees, rocks, or
similar natural surfaces,nor shall signs of any type be painted directly on the roof or walls of a building.
(g) Signs which interfere with the ability of vehicle operators or pedestrians to see traffic
signals or which impede the vision of traffic by vehicle operators or pedestrians are prohibited. Such signs
shall also comply with section 129-322.
(h) Signs shall not obstruct any window, door, fire escape, or opening intended to provide
ingress or egress to any structure or building or public way.
(i) Temporary signs.
(1) One temporary real estate sign may be placed in any district for the purpose of
advertising the lease or sale of property upon which it is placed. Only one such
sign shall be permitted per street and/or lake frontage. Such signs shall be exempt
from permits and fees providing they meet the following requirements:
a. Such sign shall be removed seven days following lease or sale.
b. The maximum size of such signs for each district is as follows:
1. In R-1, and R-2 district the maximum size is five square feet.
2. In R-3, R-4 and PDA districts the maximum size is 18 square
feet.
3. In B-1, B-2, B-3, and I-1 districts the maximum size is 32 square
feet.
(2) Temporary real estate promotional signs may be erected for the purpose of selling
or promoting a residential project of ten or more dwelling units or any
nonresidential project. Such signs shall be exempt from permits and fees;
provided that:
a. Such sign shall not exceed 32 square feet in area.
b. Maximum height of ten feet.
c. Maximum number of said temporary real estate advertising signs shall not
exceed two in number.
d. Minimum distance between said advertising signs is 500 feet.
e. Such signs shall be removed when the project is 90 percent complete,
sold,or leased.
f. Such signs shall be located no closer than 100 feet to a preexisting
residential dwelling unit.
g. Written approval from the property owner shall be submitted at the time
of City Council review.
(3) Temporary banners and pennants employed for grand openings for business
establishments, special events or promotions and holidays are not exempt from
119:5
Wayzata, MN Code of Ordinances Page 1 of 3
CHAPTER 814-ARTIFICIAL LIGHTING REGULATIONS
814.01 - Purpose and Intent.
The purpose of this Chapter is to protect and promote the general welfare, health, safety and
order within the City of Wayzata through the establishment of a comprehensive and impartial
series of standards, regulations and procedures governing existing and future artificial lighting.
The provisions of this Chapter are intended to encourage tasteful, appropriate and
non-obtrusive artificial lighting for purposes such as landscape and building
decoration, parking lot lighting, security lighting, sign lighting, and lighting of other
appropriate subjects. The necessity for such regulations has arisen because of
significant technological developments in the field of artificial lighting over the last
decade. The invention of artificial light sources of extraordinary intensity can cause
a nuisance to surrounding property owners because of improper wattage, lumens,
direction, fixture design and the like.
814.02 - Definitions.
A. "Artificial Lighting" shall mean any form of light other than light generated by the
sun or the moon which shall include glare.
B. "Fixture" or "Light Fixture" shall mean the mechanical device which the lamp or
light source is affixed to or contained in.
C. "Opaque" shall mean not pervious to light; light thus cannot pass through an
opaque surface.
D. "Transparent" shall mean transmitting light so that objects beyond can be seen
clearly.
E. "Translucent" shall mean transmitting and diffusing light so that objects beyond
cannot be seen clearly.
814.03 - General Provisions.
The following general provisions shall be applicable to all artificial light sources within the City:
A. Artificial light only shall be used for purposes necessary and appropriate to the use
of the property upon which the light is located.
B.
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Only that amount of artificial light shall be used as is needed to fulfill the intended
purpose of the light. Specifically, wattage and lumen output of all light sources
shall be kept to the minimum necessary to accomplish said purpose.
C. Light sources shall not be placed at any height taller than is essential to accomplish
the intended purpose of the light. Light sources attached to a building shall be no
higher than the main part of the building's roof. All other light sources shall be no
more than 16 feet above the ground.
D. Light fixtures shall be of a design such that the light source is fully enclosed by
opaque materials and such that light may be transmitted in only one direction
(e.g., sharp cut-off or "shoe box" fixtures), except that incandescent light bulbs with
a wattage of 50 watts or less need not be fully enclosed. Light fixtures must have
flat diffusers or glass flush mounted to the opaque fixture such that no part of the
lamp or light source, diffuser, glass or the like projects beyond the opaque portion
of the fixture. It is intended that the visibility of the light source itself(e.g., the light
bulb) be minimal.
E. All light sources shall direct light either straight down or straight up, or shall be
located, so close to a building that there is no broadcast or glare of light beyond
the building. There shall be no appreciable glare onto adjacent property.
814.04 -Variances.
The City Council may approve a variance from this Chapter upon finding that the requested
variance will meet each of the following criteria, although it shall not be required to do so:
A. There are exceptional or extraordinary circumstances or conditions applying to the
property and/or structure(s) in question, which circumstances or conditions do not
apply generally to other property and/or structures.
rights of the
B. The variance is necessaryfor the preservation of substantialproperty
g
applicant.
C. Under the circumstances of the particular situation the variance will not adversely
affect the health, safety or general welfare of residents of the surrounding area or
of the community as a whole.
D. The variance will not conflict with the Comprehensive Guide Plan.
814.05 - Non-Conforming Artificial Light Sources.
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A. Any artificial light source lawfully existing on January 6, 1981, shall be allowed to
continue in use for a period of not more than seven years thereafter, but it shall
not be rebuilt, altered, (other than to change the message), or relocated without
being brought into compliance with the requirements of this Chapter. After a non-
conforming light has been removed, it shall not be replaced by another non-
conforming light.
B. Whenever the use of a non-conforming light has been discontinued for a period of
three months, such usage shall not thereafter be resumed unless in conformance
with the provisions of this Chapter.
814.06 -Violations.
If any artificial light is in violation of the provisions of this Chapter, the City Manager or his
representative shall give written notice of said violation to the owner of the premises. If the owner
fails to remove or correct said violation so as to comply with the provisions of this Chapter, then:
A. The artificial light source shall be deemed to be a nuisance and may be abated by
the City by proceedings taken under Minn. Stats. Ch. 429. The cost of abatement,
including legal fees and administrative expenses, may be levied as a special
assessment against the property upon which the artificial light source is located; or
B. The owner may be prosecuted for violating this Chapter and, if convicted, shall be
guilty of a misdemeanor and shall be subject to the applicable penalties therefor.
Each period of ten days within which the artificial light source is not removed or
corrected shall be deemed to constitute another violation of this Chapter and shall
be punishable as a separate offense.
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927.05 - General Sign Provisions.
All signs within the City of Wayzata shall be subject to the following general regulations:
A. Sign owners shall be required to maintain the appearance of the ground around all
signs detached from buildings and to landscape where possible.
B. Sign owners at the direction of the City Building Official, shall be required to repair
or remove any sign which becomes unsafe, insecure, unsightly, defaced or a
danger to the public. Sign maintenance shall be the responsibility of the underlying
fee owner.
C. The property owner shall be required to correct/remove a sign upon change of
occupancy with the correct information. In no event shall a property owner
maintain an incorrect or non-current sign message beyond a one month period.
D. No sign or sign structure shall be placed on or extend into the public right-of-way
or protrude over any sidewalk, except for wall, canopy, awning, projecting, and
marquee signs. All signs located over such areas shall be in accordance with the
awning regulations provided in Chapter 315 of the Wayzata City Code.
E. The top edge of any wall or building mounted sign or object intended as an
attention attracting device shall not extend above the roof line, parapet, or facade
of the building to which it is attached.
F. The construction of all signs permitted under this Section, unless otherwise stated
herein, shall be in conformance with the provisions of the Uniform Sign Code
published by the International Conference of Building Officials, 1997 Edition which
is hereby adopted by reference and made a part of this Section.
G. The installation of electrical signs shall be subject to the State's Electrical Code.
Electrical service to freestanding signs shall be underground.
H. No sign shall be artificially illuminated in such a way that produces a broadcast of
glare or light beyond the sign. In no case shall a shadow exist producing an outline
of the sign on the ground or against a building either on or off-site. All illumination
of identification signs in residential districts shall be indirect. Artificially illuminated
signs shall also be shielded to prevent lights from being directed at oncoming
traffic in such brilliance that it impairs the vision of the driver. Nor shall such signs
interfere with or obscure an official traffic sign or signal. This includes indoor signs
which are visible from public streets.
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Signs shall not create a hazard to the safe, efficient movement of vehicular or
pedestrian traffic. No private sign shall contain words which might be construed as
traffic controls, such as "stop," "caution," "warning," unless the sign is intended to
direct traffic on the premises.
J. No signs, stays or attachments shall be erected, placed or maintained on rocks,
fences or trees nor interfere with any electric light, power, telephone or telegraph
wires or the supports thereof, nor be located within a drainage or utility easement.
K. No sign or sign structure shall be erected or maintained that prevents free ingress
or egress from any door, window, or fire escape. No sign or sign structure shall be
attached to a standpipe or fire escape.
L. No sign shall be attached to or be allowed to hang from any building until all
necessary wall and roof attachments have been approved by the City Building
Official.
M. No sign shall be placed in a sight visibility triangle unless it is in accordance with
the regulations as established in this Ordinance.
N. Except for civic and holiday events as authorized by the City Council, the use of
banners, posters, pennants, ribbons, streamers, spinners, search lights and any
other similar devices designed and utilized primarily to draw attention to an object,
product, place, activity, person, institution, organization or business shall require a
temporary permit not to exceed a period of three days, except for banners and
posters which shall not exceed a period of two weeks. This permit may be granted
by the City Manager, or designee, no more than three times during any 12-month
period. Lighter-than-air, inflatable devices and/or balloons shall not be permitted.
A copy of the owner's insurance certificate shall be required prior to issuance of a
temporary permit. The additional gross sign area of such devices, where
applicable, and when added to the existing sign area, shall not exceed 110 percent
of the total allowable sign area. For shopping centers, these provisions apply to the
entire center as a complex and not to the tenants on an individual basis.
O. The use of a temporary and portable sign shall be limited only to charitable, non-
profit or civic organizations and shall require a temporary permit not to exceed a
period of ten days. This permit may be granted by the City Manager, or designee,
no more than three times during any 12-month period per organization. Portable
and temporary signs may not exceed 32 square feet in area unless first approved
by Council and shall not be illuminated with any flashing device. Any temporary
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electrical connections to such devices shall be made by an approved cord in proper
condition from an approved GFI receptacle outlet in accordance with the National
Electric Code. Temporary and portable signs shall not be permitted in any
residential district.
P. At least one address sign identifying the correct property number as assigned by
the City Manager or designee shall be required on each principal building in all
districts. The number shall be at least three inches in height, but no larger than 12
inches in height. Said sign shall be excluded from the total allowable sign area
calculation. No permit shall be required for such address sign.
Q. Public directory signs intended to identify a group of businesses, an organization
or a public or quasi-public entity may be located upon public property only when
first approved by the City Council. Public directory signs shall be required to
comply with the provisions of this Section except where, due to unusual and
unique conditions that may exist, such as in the East Lake Street area, a special
exception may be granted by the City Council to achieve a desired public purpose.
R. The design and construction of all signs within the City shall be done with the
highest quality materials and workmanship to promote safety and a quality sign
appearance. All signs located in residential and commercial areas shall be
aesthetically pleasing when designed and constructed and shall relate
harmoniously to the terrain, site circulation and existing or proposed buildings that
have a visual relationship to the proposed signing.
S. Where permitted, internally illuminated signs shall be permitted if only the text or
logo portion of the sign is lighted. Back lighting of awnings is prohibited.
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