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12052023-Planning Comm mtg Agenda Packet CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY DECEMBER 5, 2023 7:00 P.M. A G E N D A CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE GORHAM (Feb) ______ EGGENBERGER () _ _ HUSKINS (Dec) ______ HOLKER () ______ JOHNSON (Jan) _ _ COUNCIL LIAISON CALLIES (JULY-DEC) ______ 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES  November 21, 2023 3. MATTERS FROM THE FLOOR (This portion of the meeting allows members of the public the opportunity to bring up items that are not on the agenda. Each speaker has a maximum of three minutes to present their topic. Multiple speakers may not bring up the same points. No decisions would be made on the topic at the meeting except that the item may be referred to staff for more information or the City Council.) 4. PUBLIC HEARINGS - None 5. OTHER BUSINESS A) Variance to side-yard abutting a public street Location: 24925 Amlee Road Applicant: David Hansen and Shelly Curran Tentative Council date for review is December 11, 2023 B) Discussion of amendments for content neutral sign code No tentative Council date for review at this time. 6. REPORTS A) Council Meeting Report B) Draft Next Meeting Agenda 7. ADJOURNMENT CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, NOVEMBER 21, 2023 7:00 P.M. DRAFT MINUTES CALL TO ORDER Vice-Chair Eggenberger called the meeting to order at 7:00 P.M. ROLL CALL Present: Commissioners Eggenberger, Holker and Johnson; Planning Director Darling; City Engineer Budde; and Council Liaison Callies Absent: Chair Gorham and Commissioner Huskins 1. APPROVAL OF AGENDA Holker moved, Johnson seconded, approving the agenda for November 21, 2023, as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES  October 3, 2023 Holker moved, Johnson seconded, approving the Planning Commission Meeting Minutes of October 3, 2023, as presented. Motion passed 3/0. 3. MATTERS FROM THE FLOOR No one appeared to address the Commission 4. PUBLIC HEARINGS A. REVIEW AMENDMENTS TO SECTION 1301.03 LAND USE FEES Planning Director Darling explained that this item was proposed by City staff due to the increasing costs of personnel, postage and other supplies needed to process applications. She noted that they would also like to provide two new methods of notice with a postcard notice upon receipt of an application and to install a small sign in the front yards of the applicants letting people know that an application has been submitted. She explained that the sign would have a QR code that would lead directly to the active application section of the City website. She reviewed the proposed increases and that addition of escrow for variance and residential CUP applications, She noted that there are not all the fee increases and explained that the City reviews all of their fees each year and most do not come before the Planning Commission. Commissioner Johnson asked if she was reading the table correctly that they were proposing that the non-residential remain the same with a smaller escrow amount. Planning Director Darling clarified that the proposed fee should be increased by $100 from where it was previously. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 21, 2023 Page 2 of 5 Commissioner Holker asked if the City did any current posting on the property when there was an application before the City. Planning Director Darling clarified that this would be new and was just suggested in order to increase information. Commissioner Holker noted that she was a bit confused about the escrow piece and asked about the statement in the report that says, ‘These fees were never intended to cover the cost of reviewing the application, only the cost of processing the application.’ She stated that it sounds like the City is now trying to recover some of the costs of reviewing the application. Planning Director Darling explained that it would be the cost of reviewing for engineering review or a legal review but it would still not cover the planning costs. Commissioner Holker stated that Planning Director Darling had also mentioned that the City has been doing more review and asked if the types of applications were more complicated. Planning Director Darling stated that most of the variances and CUPs are much more complex than they used to be and noted that the parcels of land that are left to develop are more complicated for various reasons, so they are leaning more heavily on the engineering consultants. Commissioner Holker asked how the City calculates the escrow amounts and usage. Planning Director Darling explained that they charge the actual fees that the City is charged from the consultants. Commissioner Holker asked if those fees were published or if the applicant was given an itemized bill of the escrow balance. Planning Director Darling stated that usually they just ask for the return of the unused escrow amount. She stated that if they ask, the City can share the bills, but explained that most do not ask for those to be shared. Vice-Chair Eggenberger asked if there would be an educational component to the development signs with the QR code. Planning Director Darling stated that was a good point and suggested that perhaps she should put something in the Shore Report so people recognize what these signs mean. Vice-Chair Eggenberger asked for the CUP and variances, if there was a relief mechanism if someone cannot afford it. Planning Director Darling stated that was something that the Planning Commission could consider. Vice-Chair Eggenberger stated in looking at what other cities charge for park dedication fees, it appears as though Shorewood is on the high side and asked if there was a reason. Planning Director Darling explained that she had added up all of the charges that are common with the application fees and they are well over the current application form, especially postage. She stated that the City is close to the top of what cities are charging and noted a lot in the City CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 21, 2023 Page 3 of 5 is around $250,000 right now so she feels there is definitely justification for that proposed increase. Commissioner Johnson referenced the CUP and variance paragraph from the staff report and asked if it meant that the General Fund would no longer be implicated in these costs. Planning Director Darling stated that was correct but explained that for the planning staff fee, they would not be charging against the escrow. She stated that she did have a conflict of interest with a recent application, so the City did have to cover that fee from the General Fund. She noted that for things like the Comprehensive Plan, the City has a consultant that does their GIS work on the land use maps and alters all the tables. Commissioner Johnson asked if the park dedication fees whether the cost was associated with the number of parks in the cities or if it was based on number of residents and gave Eden Prairie as an example. Planning Director Darling stated that Eden Prairie has a lot more residents that Shorewood. Councilmember Callies asked if the escrow ends up being that the fees are more by the consultants if the City would then charge the applicant more as well. Planning Director Darling stated that she does charge the applicant more if the consultant fees are higher than what the City has in the escrow deposit. Vice-Chair Eggenberger opened the Public Hearing at 7:22 P.M. noting the procedures used in a Public Hearing. There being no public testimony, he closed the Public Hearing at 7:22 P.M. Holker moved, Johnson seconded, recommending approval of the Staff Recommendations related to the Amendments To Section 1301.03 Land Use Fees as discussed. Motion passed 3/0. 5. OTHER BUSINESS A. Capital Improvement Plan Review Planning Director Darling explained that the CIP is a 10 year budgeting tool used by the City to prioritize larger capital projects. She noted that the CIP also serves as an implementation tool for the Comprehensive Plan. She gave a brief overview of Fund 201; Fund 402; Fund 403; Fund 404; Fund 405; Fund 406; Fund 601; Fund 611; and Fund 631. Commissioner Holker stated that under each of the funds, the report showed the goal and asked if that comes from the Comprehensive Plan. Planning Director Darling confirmed that the goals come from the Comprehensive Plan. Commissioner Holker stated that there are some pretty dramatic differences, by year, on some of the investments and would assume that is all part of the financing as they look at how they will pay for things. She asked if, financially, the City had taken a look at that and if they were comfortable that they will actually be able to fund those large spikes in comparison with the averages. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 21, 2023 Page 4 of 5 Planning Director Darling stated that the City has funding for the 2024 items, but other than that they try to space their programs out so that the finances will be available when they come forward. She stated that having them further out in the process also gives the City the opportunity to apply for other funding mechanisms, for example Capitol budget bonding from the State. City Engineer Budde explained that one of the strategies that they have done from a finance perspective lately is try to lump some of the projects where they do need to bond or borrow for money into one year so that they can bond for it in one year and then skip a year and then do it again. He stated that some of this is intentional so that they only have those bonding fees every other year rather than every year. He noted that it is a somewhat new strategy for the City, but they feel it will help them get through. Commissioner Holker asked if it was normal to have just the next year already clear on how they will fund it which means there is still work to be done to get funding for projects beyond 2024. Planning Director Darling confirmed that this was normal and explained that they were already starting to looking out 3 years for financing and funding sources. Commissioner Holker asked if the City had an all inclusive list and then staff goes in and prioritizes it. She stated that she would like to see a list of the stuff that the City has to get done and ideally would be able to agree with their importance but asked about the process the City staff uses for the CIP. Planning Director Darling explained that there is a process that staff goes through and noted that the various funds have various mechanisms for each one. She gave the example of the Parks Commission touring the parks every year and looks at which playgrounds and facilities need rehabilitation or new equipment and use this in their CIP planning and budget process. Commissioner Holker confirmed that this was something the Commission does every year. She asked how much change there could be if she looked out to 2026 or 2027. Planning Director Darling explained that this document could look very different and shared various examples of how it could change. City Engineer Budde stated that internally, staff is always talking about the priorities. He noted that the CIP is intended to be the bigger items and are also trying to improve the process. He explained that they would like to try to be pretty consistent for the next few years, even though they are only approving the CIP for 2024 because some of the bigger projects, such as Birch Bluff, take 2-3 years to develop the project and get to the permitting process. Commissioner Holker asked if these items were depreciable items from an accounting standpoint. Planning Director Darling explained that many of these items are depreciable, for example, the equipment. Vice-Chair Eggenberger stated that the Commission looks at this every year and he believes it is one of those things that need to be approved, but does not think they want them to get down into the details. He gave the example of him not knowing when a pick-up truck needed to replaced so they must rely on staff. Commissioner Johnson stated that she was trying to understand exactly what they are saying and referenced the findings and recommendations included in the staff report. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 21, 2023 Page 5 of 5 Planning Director Darling stated that what they are finding is that the CIP is generally consistent and generally implements the Comprehensive Plan or projects contemplated by the Comprehensive Plan. She stated that because there is a deliverable, the letter attached to the packet is what the Planning Commission would be authorizing Vice-Chair Eggenberger to send forward. Commissioner Johnson suggested that the use the phrasing ‘generally consistent with’, “generally implements’, and/or ‘generally the projects are…” Planning Director Darling encouraged the Commission to include that language within their motion. Johnson moved, Holker seconded, recommending approval of the 2024-2033 CIP Based on the Finding that it is generally consistent with, generally Implements, and/or the projects are generally contemplated by the City’s Comprehensive Plan and further, that the Vice-Chair of the Planning Commission may execute and forward this finding to the City Council. Vice-Chair Eggenberger suggested that they open this item up to the public prior to voting and opened the Public Testimony portion of the meeting at 7:43 P.M. There being no public input, he closed the Public Testimony portion of the meeting. Motion passed 3/0. 6. REPORTS • Council Meeting Report Councilmember Callies reported on matters considered and actions taken during the Council’s recent meetings. • Draft Next Meeting Agenda Planning Director Darling noted for the next meeting there will be a variance application and a draft for the sign ordinance amendments ready for discussion. She noted that the Comprehensive Plan has been to the Met Council and they have concluded their review and now the City can begin implementation including adopting the final version, scheduled for the December 11, 2023 City Council meeting. She stated that once that is completed, staff send a full draft back to the Met Council and will then move into the implementation phase including city code, zoning map, and zoning text amendments that will be necessary, based on the changes within the Comprehensive Plan. 7. ADJOURNMENT Holker moved, Johnson seconded, adjourning the Planning Commission Meeting of November 21, 2023, at 7:50 P.M. Motion passed 3/0. Marie Darling From:Scott Morris <scott6513@gmail.com> Sent:Wednesday, November 29, 2023 11:36 PM To:Planning Subject:Variance Application for 3rd stall garage - 24925 Amlee Road To: Planning Commission, We received a le?er from the City of Shorewood, concerning the No?ce of Public Planning Mee?ng and the Variance Applica?on for the 3rd stall garage. We (24950 Amlee Road - Sandy Kelly-Morris & Sco? Morris) live directly across the street from 24925 Amlee Road. The purpose of this email is to make it clear that we are in favor of approving this 21.6 setback from the property. We believe that there is ample yard space to accommodate this addi?on. Moreover, the setback is a good distance away from the both Glen and Amlee, allowing it to be quite unobtrusive. Sincerely, Sandy & Sco? Morris 24950 Amlee Road Shorewood, MN 55331 1 Current Regula?ons: 1201.02 Defini?ons 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 does it 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. 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, religious institution or other use or activity plus directional arrows or 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. 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. Sec?on 1201.03 Subd. 11. Signs: Subd. 11. Signs. a. Purpose. This subdivision is established to protect and promote health, safety, general welfare and order within the City of Shorewood through the establishment of a comprehensive and impartial set of standards, regulations and procedures governing the type, numbers, size, structure, location, height, lighting, erection, use and/or display of devices, signs or symbols serving as a visual communication media to persons situated within or upon public rights-of-way or properties. The provisions of this subdivision are intended to encourage opportunity for effective, orderly communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate use of communication facilities. 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 be limited to three 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. (2) Prohibited signs. The following signs are specifically prohibited by this chapter: (a) Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic-control device; (b) Any sign which contains or imitates an official traffic sign or signal, except for private, on-premises directional signs; (c) Any sign which moves, rotates, has any moving parts or gives the illusion of motion, except for time and temperature information and dynamic display signs as regulated in g. of this subdivision; (d) Except for holiday signs and exceptions provided in provision c.(4) below, any sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices; (e) Portable signs (except as provided in provision c.(4) below); (f) Signs which are attached in any manner to trees, fences, utility poles or other permanent supports; (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; (h) Roof signs. (i) Window signs where the total area of such signs exceeds 10% of the total glass area of the window space as viewed from the street, to a maximum of 20 square feet. c. General provisions. (1) All signs shall comply with the Minnesota State Building Code as may be amended. (2) When electrical signs are installed, the installation shall be subject to the State Building Code as may be amended. (3) No portion of any sign shall be located within five feet of any property line. No signs other than governmental signs and political campaign signs as provided in b.(1)(d) of this subdivision shall be erected or temporarily placed within any street right-of- way or upon public lands or easements or rights-of-way. Any unauthorized signs located in public right-of-way or on public property shall be considered abandoned and are subject to immediate removal and disposal without notice. (4) Temporary signs. (a) The temporary use of signs, searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12- month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign. (b) A conditional use permit may be granted to nonprofit athletic associations, contracted with the city pursuant to Section 902.06 of this code, for the display of temporary business sponsorship signs to be placed on certain ball field fences on public property, provided that: (i) A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for its use; (ii) Signs may be displayed only in a community park, as defined in the Shorewood Comprehensive Plan; (iii) Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties; (iv) All signs must be professionally made, using durable weather resistant material, painted or colored dark green on the back side of the sign; (v) Signs are limited in size to no larger than 42 inches in height and seven feet in length; (vi) There shall be a minimum spacing between signs of seven feet; (vii) The maximum number of signs per ball field is 15; (viii) The nonprofit athletic association is responsible for maintaining the signs in good repair. If a sign become detached, torn, or vandalized, the association must repair or replace them immediately or the sign will be summarily removed by the city; (ix) The nonprofit athletic association is responsible for any damage to the fence on which it is displayed that is caused by installation or display of the sign; (x) The conditional use permit is subject to review and recommendation by the Shorewood Park Commission; (xi) The nonprofit athletic association must obtain an annual license from the city and enter into a license agreement setting forth the conditions of approval and the duration of the approval. The association shall pay an annual license fee as established by the City Council from time to time. The association shall have no vested right in obtaining licenses from season to season; and (xii) It shall be the responsibility of the nonprofit athletic association to obtain a temporary sign permit for each sign to be displayed on ball field fences, prior to erecting the sign. (5) No sign or sign structure shall protrude over a public right-of- way. (6) All signs which require a permit shall display, in a conspicuous manner, the owner’s name, permit number and date the sign was erected. (7) All height restrictions on signs shall include height of sign structure and be measured from lot grade. (8) In the case of a two-faced, freestanding sign, where the two faces of the sign are parallel and face in opposite directions, only one face shall be used in computing the allowable area of the sign. (9) Any sign now or hereafter existing which no longer advertises or identifies a business conducted, service rendered or product sold on the premises shall be removed by the owner, agent or person having the beneficial use or control of the building or structure upon which the sign may be found within 60 days from the date of vacancy. (10) The regulations contained herein shall not apply to traffic signs or the flag, separate emblem, or insignia of a nation, political unit, school or religious group, or integral 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. (11) All signs requiring a permit from the city shall be subject to review and approval by the Zoning Administrator. d. Nonconforming signs. (1) The following are nonconforming signs: (a) Prohibited signs; (b) All other signs not prohibited that do not conform to the provisions of this chapter; (c) Billboards and advertising signs (except as provided in provision e.(3)(b) of this subdivision). (2) Except as provided in paragraph (5) below, all nonconforming and prohibited signs created by this chapter except those signs exempted by state statutes (M.S. § 462.357, subd. 1c) shall be removed or brought into conformity with this chapter within the following time periods: (a) Any sign in violation of prohibited signs: six months from the date of the enactment of this chapter; (b) All other nonconforming signs: upon approval of any building permit, sign permit, or other zoning action. (3) A nonconforming sign may not be: (a) Changed to another nonconforming sign; (b) Structurally altered except to bring into compliance with the provisions of this chapter; (c) Expanded; (d) Reestablished after its removal; (e) Reestablished after damage of more than 50% of sign replacement cost except to bring into compliance. (4) Nothing in this subdivision shall be construed as relieving the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this subdivision regarding safety, maintenance and repair of signs contained in subdivision 11c; provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status. (5) Notwithstanding provisions to the contrary within this subdivision, nonconforming off site directional signs located on public rights-of-way may continue upon a finding by the City Council that: (a) The sign is reasonably necessary to provide direction to the business which is advertised by the sign; (b) The sign (or a substantially similar predecessor) has been at the location for at least 20 years; (c) The sign has not represented a safety hazard or an obstruction to ordinary roadway maintenance activities. (6) The Council may condition the permission upon the owner of the establishment entering into an agreement with the city addressing matters, including liability, indemnity of the city, circumstances calling for removal of the sign, permit fees and other matters deemed appropriate by the city. (7) In lieu of permitting the existing sign to remain at its existing location the City Council may authorize the location of a substitute sign in the existing location or a different location. e. District regulations. The following sign standards by zoning district pertain to signs which require application and permit. (1) R-1A through R-3B Residential Districts. (a) Area identification signs (monument type only). One sign facing each bordering street shall be allowed for each development of 20 or more units. The sign shall not exceed 32 square feet in area, nor shall the sign structure exceed one-half of the allowable copy area. The signs shall be erected only at the dedicated street entrance, but not in the public right-of-way, may be indirectly illuminated and shall not exceed a height of eight feet above grade. (b) Institution signs. One freestanding sign not to exceed 20 square feet in area. The freestanding sign may be indirectly illuminated and shall not exceed a height of eight feet above grade. Freestanding signs located adjacent to intermediate or minor arterial streets, as identified in the Shorewood Comprehensive Plan, may be internally lit. In addition, one wall sign may be allowed by conditional use permit, subject to the following: (i) The total area of signage, including the wall sign, shall not exceed 5% of the building silhouette as viewed from the street; (ii) The wall sign may be indirectly illuminated. (c) Park identification signs. One sign facing each bordering street. The sign shall not exceed 20 square feet in area nor eight feet in height. The signs may be indirectly illuminated. (d) Subdivision plat signs. No more than two temporary signs advertising a new subdivision plat, provided each sign does not exceed 32 square feet in area, identifying only the plat in which they are located, are nonilluminated and are erected only at dedicated street entrances to the plat. The signs shall be removed if construction of subdivision improvements is not in progress on the plat within 60 days following the date of the sign erection or as soon as 80% of the lots are developed and sold. (e) Cemetery identification signs. One freestanding sign not to exceed 20 square feet in area. The freestanding sign may be affixed to an entry- way arch, not exceeding 18 feet in height. (2) R-C Residential/Commercial. Subject to other conditions of this chapter, the following signs shall be allowed in the R-C District: (a) Signs are regulated in e.(1) above; (b) Business signs in the R-C Districts shall be subject to the requirements of § 1201.19 Subd. 8.d. of this code. (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. (a) Business signs. (i) The maximum number of signs for any principal building shall be three except by conditional use as provided in (c) below. The maximum total area for all signs shall be determined by taking 10% of the gross silhouette area of the front of the building. Where the principal building is on a corner lot and thus faces two public streets, both sides may be counted. (ii) For purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the front lot line or from the related public street(s). (iii) Each lot will be allowed only one freestanding sign except as provided in (c) below. (b) Advertising signs. Advertising signs are allowed, provided the number and size of the signs shall be subtracted from the allowable number and size of allowable business signs provided in (a) above. In no case shall the area of advertising signs exceed 25% of the total allowable sign area. (c) Conditional uses. In the case of a shopping center or where there are two or more business uses, a conditional use permit may be granted to the entire shopping center in accordance with an overall site and signage plan indicating the size, location and height of all signs. A maximum of 10% of the gross area of the building silhouette shall apply to the principal building where aggregate allowable sign area is distributed among the several businesses. In the case of applying this conditional use permit to a shopping center, the shopping center may have two freestanding signs identifying the shopping center. (d) Freestanding signs. Freestanding signs shall not exceed 20 feet in height or 80 square feet in area. The total area of the sign structure shall not exceed one- half of the allowable copy area. (e) Window signs. The total area of window signs shall not exceed 10% of the total area of windows as viewed from the street. Window signs with lettering exceeding 3.5 inches in height shall be debited against the total number and area of signs allowed for the property. (f) Menu boards. One digital order confirmation sign and 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. (4) Signs permitted in the P.U.D. Planned Unit Development District. (a) Signs permitted in P.U.D.s 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 P.U.D. (b) For P.U.D.s 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 P.U.D., 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 P.U.D. The total area of the sign shall not exceed 100 square feet and no individual sign shall exceed 80 square feet. 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 his/her designee, has made a preliminary inspection of the sign before installation and has ascertained that the sign and method 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. (3) Fees: (a) Payment of fees. The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid. (b) Double fees. If a person begins work of any kind for which a permit from the city is required, without having secured the necessary permits therefor, either previous to or on the date of commencement of the work, he or she shall, when subsequently securing each permit, pay double the fee provided for the permit, or is subject to the penalty provisions of this chapter. (c) Initial fees. The City Council shall, from time to time, establish a fee schedule by ordinance. g. Dynamic display signs. (1) Purpose. The purpose of this section is to allow new technologies in commercial signage that allow messages to be easily updated, while at the same time preventing distraction to motorists and minimizing visual impacts of electronic signage on residential properties. The city finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threat to public safety. (2) Permitted sign type and locations. (a) Dynamic display signs are permitted solely as free- standing signs and only in the C-1, General Commercial and C-2, Commercial Service Zoning Districts. Dynamic display signs shall be located no closer than 20 feet from a side lot line. The dynamic display portion of a freestanding sign shall be located at the bottom of the sign face. Any portion of a dynamic display sign that consists solely of an alpha-numeric message shall not be counted in the allowable area for the dynamic display sign, provided the alpha-numeric message remains static for no less than four hours at a time. (b) To the extent that signage is allowed in the residential zoning districts, including the R-C, Residential/Commercial Zoning District, dynamic display signs shall be restricted to conditional uses in those districts, and shall be limited to alpha-numeric signs only. Alpha-numeric institutional signs shall be limited to 20 square feet in area and shall be timed to remain static for no less than 90 minutes at a time. (3) Duration of image. A dynamic display sign’s image, or any portion thereof, may not change more often than once every ten minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information and except as provided in (2) above. A display of time, date, or temperature must remain for at least ten minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every 60 seconds. (4) Transition. If a dynamic display sign’s image or any portion thereof changes, the change sequence must be instantaneous without any special effects. (5) Prohibition on video display. No portion of a dynamic display sign may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. (6) Prohibition on fluctuating or flashing illumination. No portion of a dynamic display sign image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. (7) Audio. Dynamic display signs shall not be equipped with audio speakers. (8) Malfunctions. Dynamic display signs must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Dynamic display signs must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display when notified by the city that it is not complying with the standards of this subdivision. (9) Brightness. All dynamic display signs shall meet the following brightness standards: (a) No dynamic display sign may exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between sunset to sunrise as measured from the sign’s face at maximum brightness. (b) All dynamic display signs having illumination by means other than natural light must be equipped with an ambient light sensor and a dimmer control or other mechanism to continuously adjust the sign’s brightness to ensure at any time the sign’s intensity does not exceed 0.3 foot candles above ambient light levels as measured from 100 feet from the sign’s face and automatically controls the sign’s brightness to comply with the requirements of this subdivision. (c) No dynamic display sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (d) The owner or controller of the dynamic display sign must adjust the sign to meet these brightness standards in accordance with the city’s instructions. The adjustment must be made immediately upon notice of non-compliance from the city. (e) A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. (10) Sign area limitation. Dynamic display signs are allowed only on free standing signs in the permitted districts. Dynamic display signs may occupy no more than 25% percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face. (11) Distance from residential/hours. Dynamic display signs shall be located not closer than 100 feet from a residential zoning district and any dynamic display sign located within 500 feet of single- and two-family residential homes must be programmed to freeze the image between the hours of 10:00 p.m. and 6:00 a.m.