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02 06 2024-Planning Comm mtg Agenda Packet CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY FEBRUARY 6, 2024 7:00 P.M. A G E N D A CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE GORHAM () ______ EGGENBERGER () _ _ HUSKINS () ______ HOLKER () ______ JOHNSON (Feb) ______ COUNCIL LIAISON SANSCHAGRIN (Jan-June) ______ COUNCIL LIAISON ZERBY (July-Dec)______ 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES  January 2, 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) Discussion of amendments for content neutral sign code 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, JANUARY 2, 2024 7:00 P.M. DRAFT MINUTES CALL TO ORDER Chair Gorham called the meeting to order at 7:01 P.M. He explained that the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. ROLL CALL Present: Chair Gorham; Commissioners Eggenberger, and Huskins; Planning Director Darling; and, Council Liaison Maddy Absent: Commissioners Holker and Johnson 1. APPROVAL OF AGENDA Huskins moved, Eggenberger seconded, approving the agenda for January 2, 2024, as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES  December 5, 2023 Eggenberger moved, Huskins seconded, approving the Planning Commission Meeting Minutes of December 5, 2023, as presented. Motion passed 3/0. Planning Director Darling stated that while the minutes adequately reflect the discussion, she believes that there was a question directed to her at the December 5, 2023 meeting that she misheard that night and wanted to clarify her answer. She stated that the staff report always reflect the staff’s position on the requests. She stated that even if they refer to the applicant’s narrative, the information and the positions in the staff report are from the staff themselves. 3. MATTERS FROM THE FLOOR There were no public comments. 4. PUBLIC HEARINGS - A. PUBLIC HEARING – CONDITIONAL USE PERMIT – T-MOBILE ANTENNA Applicant: SMJ International, LLC (on behalf of T-Mobile) Location: 24283 Smithtown Road CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 2, 2024 Page 2 of 8 Planning Director Darling gave an overview of the request on behalf of T-Mobile from SMJ International to add a microwave dish and supporting equipment to the existing triangular array on the existing tower. She reviewed the location of the tower and the properties that surround it. She explained that staff recommended approval subject to the five conditions included in the staff report. Commissioner Huskins noted that a portion of the staff report on page two was duplicated. Commissioner Eggenberger asked if this request was for a replacement or a new antenna. He asked if there was a limit on how many can be installed on this tower. Planning Director Darling explained that this request was not for a replacement and will be a new dish. She noted that replacement antennas can be reviewed administratively and would not need to come before the Planning Commission. Chair Gorham asked if this application would require an additional FAA permit. Planning Director Darling stated that would be between the FAA, FCC, and the applicant. She noted that she believes that this tower is far enough away from any airports so they would not need one unless they went taller. Chair Gorham asked about the piping shown on the diagram and if it was new or existing conduit. Planning Director Darling stated that she believes the applicant is proposing to run any cable through the interior of the tower and out using the existing ice bridge. Chair Gorham referenced diagram C-501 and noted that he felt that this drawing made it appear as though it would be new vertical conduit. Andy Bobrytzke, Project Manager, SMJ International, explained that the conduit will run through the tower and use the existing ice bridge to connect to the equipment which means nobody will see the extra wire. He stated that the antenna will be about 12 inches by 12 inches in size. Planning Director Darling referenced the drawing labeled C-201 in the packet that shows the cable going through the inside of the monopole. Commissioner Huskins asked if there would be an interruption in service during the installation process. Mr. Bobrytzke stated that there will not be any disruption in services for the existing antennas and noted that the entire process will most likely only take 1-2 hours. Commissioner Eggenberger asked if Mr. Bobrytzke had looked at the conditions being recommended by staff. Mr. Bobrytzke stated that he had seen them and noted that they all seem fine. He asked about the reference to the need for a third party inspection. Planning Director Darling explained that if he had questions about the third party inspection he would need to discuss that with the Building Department. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 2, 2024 Page 3 of 8 Chair Gorham opened the Public Hearing at 7:17 P.M. noting the procedures used in a Public Hearing. No one appeared to address the Commission and Chair Gorham closed the Public Hearing. Huskins moved, Eggenberger seconded, recommending approval of the request for a CUP for Additional Telecommunication Antennas for SMJ International, LLC (on behalf of T- Mobile) located at 24283 Smithtown Road, subject to the 5 conditions included in the staff report. Motion passed 3/0. 5. OTHER BUSINESS – A. Variance to Expand a Non-Conforming Home Applicants: Ben and Kelly Vanderheyden Location: 5995 Glencoe Road Planning Director Darling reviewed the variance request for property located at 5995 Glencoe Road to expand their existing non-conforming home. She noted that the home was constructed in 1950 which was prior to the City’s incorporation as a city. She explained that the applicant was looking to add a second story onto their home in order to expand their living space and expand the main level to include a two foot cantilever, and add a front porch addition. She explained that staff found that the applicant has met some of the criteria better than others and feels that a reduced request would resolve the practical difficulties. She stated that with the reduced request related to the cantilever and front porch area, staff would recommend approval subject to the conditions included in the staff report. She stated that the City had received two letters of support for the application from James Loffler, Glencoe Road, and Jeffrey Colby, 5985 Glencoe Road. Commissioner Huskins stated that the staff report mentioned that the lot was currently legally non-conforming and noted that he feels the way it was worded implies that something that City may do would make it illegally non-conforming. He asked if he should just ignore the word ‘currently’. Planning Director Darling stated that it is currently legally non-conforming because of the zoning district that it is within because the lot is less than what would not be allowed in the R-1C zoning district. She reiterated that the lot was created legally prior to the City’s incorporation. Commissioner Huskins asked about the commentary regarding the future and potential development of the property to the south and the impact it would have on the road. He asked if the City typically takes into account future activities when making decisions about this type of variance request. Planning Director Darling explained that they can take it into account if the decision that they are making could impact the neighborhood into the future when a change in circumstance with either the road layout or a possible extension occurs. Commissioner Huskins asked if this were to be approved by the Council as it is presented, and the road changes and development occurs what would happen then. He asked if that would create a condition where the resident would have to undo something that had been done. Planning Director Darling stated that they would not have to undo something and explained that if the City makes the decision to approve the variance as proposed, the porch will stay because the legal rights for the porch extend beyond the lives and ownership of the current property CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 2, 2024 Page 4 of 8 owners. She stated that generally, the City, when doing roadway work, tries to work within the existing right-of-way in order to keep the costs down where possible. Commissioner Eggenberger asked for clarification of what was meant by the cantilever portion of the plans. Planning Director Darling reviewed the plans and explained that the cantilever is a 2x11 addition on the north side of the home and as proposed would be 3 feet from the property line. Chair Gorham stated that it appears as though staff is saying the cantilever portion of the plans does not reflect the minimum that could be done but noted that staff had not taken that position for the mudroom and bonus room portion of the addition. Planning Director Darling explained that what the applicant currently has is a 3 season porch, which means from the outside it generally looks like part of the house. She stated that she would say that their proposed plans improve that area of their home. Commissioner Huskins asked if there would be an impact to the setback for this portion of the plans. Planning Director Darling stated that the whole 3 season porch area is also too close to the property line and explained that they would need a variance in order to add the second story above. She clarified that this would not change the setback on this portion of the property. Chair Gorham asked if the addition would extend further east than the 3 season porch does. Planning Director Darling stated that the existing porch is 16 feet and the new area is close to that number. Ben Vanderheyden, 5995 Glencoe Road, confirmed that the 3 season porch is the same size as the proposed addition. He stated that he wanted to comment on the cantilever portion of their plans on the north side of the home because they feel very strongly about it. He stated that they have completely renovated the main level of their home and the existing plans that they submitted of the main level reflect the current space as it is today. He noted that the only exception to that is that on the existing plan the dining table is positioned between the bar and the island. He explained that they had not put the table there because it is extremely tight in that location. He stated that they have always had their dining table in the northeast corner near the windows. He explained that if the cantilever was removed from the plans it is the one thing that would still leave them with a significant pain point because there is not a designated dining area on the main level. He stated that they feel the cantilever is essential to the new design and would dramatically improve the functionality of the home. He stated that the majority of the home on the north side is staying, as is, and their proposal is just for a small 2 x 11 section for a dining nook that they are requesting. He stated that their neighbor to the north was one of the individuals who had submitted a letter of approval for their plans, as proposed. He stated that the new front porch is not that different from what is currently there right now. He stated that the concrete steps already extend 6 feet 4 inches from the house and the step furthest to the west is raised 7 inches off the ground and has a railing on it that is 31 inches high and 8 feet long. He stated that their proposed porch is longer than the existing porch but explained that the front steps get very icy during the winter because they are not covered. He stated that their architect had designed the front porch to extend the roof coverage over this area in order to mitigate those safety issues without pushing the structure of the home any closer to the street. He stated that another advantage to the porch would be an enhanced aesthetic along Glencoe Road. He asked the Commission to consider CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 2, 2024 Page 5 of 8 approval of their requests, as proposed, and noted that he believes their remodeled home would be a great asset to the neighborhood. Commissioner Huskins stated that Mr. Vanderheyden’s letter claimed that they would not be pushing the home any closer to the street with their new design. He stated that confuses him because the information in the staff report made it seem as though it would be pushed closer to the road. Mr. Vanderheyden explained that on the west side of the home, the walls will be going straight up, which was what he was referring to and acknowledged that their plans for the porch does extend it forward a bit. Commissioner Huskins asked about Mr. Vanderheyden’s claims regarding their plans not impacting the ability of the street to be widened in the future and if that referred to the main portion of the home and not the porch. Mr. Vanderheyden stated that in his conversations with Planning Director Darling that was something that had come up and she had indicated that whether this is approved or not will not impact what the City may need to do down the road for future development to the south. Commissioner Eggenberger noted that there appeared to be someone in the audience who wanted to comment on this item. Pamela Honzl, 6065 Glencoe Road, stated that she owns the acreage on the dead end. She stated that she has been here for over 40 years and noted that her husband is deceased and her children have grown and gone. She stated that she is in her 70s so it is conceivable that in the future the road will need to be widened in order to accommodate what will happen to her acreage when she leaves. She stated that she has no problem with their plans but is still confused about the porch and if it will come closer to the road or not. She stated that if their plans for a porch would not impact plans to widen and improve the road in the near future, she would support their plans. She stated that she would not want the City to end up saying that they did not want to widen the street because those homes come too close. She reiterated that she is still confused about the plans for a porch and explained that the Vanderheyden’s have been wonderful neighbors, and she hopes that their plans work out so they can stay in the home. She stated that there is already a concrete porch on the home and asked if their plans were to expand that and bring it closer to the road or it they were just covering what was already there. Planning Director Darling explained that the current right-of-way in this location is 40 feet and the typical measurement is 50 feet. She stated that what the City tries to do with a road project would be balance the right-of-way acquisition, which would mean an additional 5 feet on either side of the road. She stated that she believes the City Engineer has been very careful about trying to stick within the existing rights-of-way, when possible, in order to minimize acquisition costs. She stated that if the road ever had to be widened, and centered within the right-of-way, the concern from staff on this application is that the porch will be even closer to the street in appearance than it is now. She stated that in the future, when Ms. Honzl’s property is developed, they may need to extend the roadway into that property in order to construct more than one or two homes. She stated that the road would not necessarily have to be widened or centered with just the development of that property, but if, in the future, the roadway has to be reconstructed, that may be when the road is centered within the right-of-way. Commissioner Huskins asked if the applicant wished to cover the existing front porch if that would require a variance. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 2, 2024 Page 6 of 8 Planning Director Darling stated that it would still require a variance because it would be considered expanding the non-conformity. Commissioner Huskins stated that he had additional questions for the applicant. He asked what impact Mr. Vanderheyden would see on his project if the design of the porch were to be no closer to the roadway than it currently is. Mr. Vanderheyden stated that as designed, the porch extends six feet from the house and noted that the current porch concrete is six feet-four inches. Commissioner Huskins stated that he was confused because as he read the staff report he thought it was something else. Planning Director Darling explained that it currently is an uncovered concrete porch that does not have a roof. Commissioner Huskins stated that he understands that but thought he had seen in the report that the new design of the porch extends closer to the road. Planning Director Darling explained that it extends the roof structure closer to the road, but not the concrete stoop that is already in place. She stated that, as proposed, the porch will appear closer to the street than the current uncovered porch. Chair Gorham asked how the Commission felt about the practical difficulties in this situation that this is a small lot created before the zoning districts. Commissioner Eggenberger stated that the practical difficulties that exist provide him with empathy to the applicants. He stated that he believes the applicants are trying to make this home a long-term livable place that they can grow into and are doing the best they can with the size of the lot. He stated that he does not have a problem with the cantilever or the porch overhang. Chair Gorham noted that the cantilever will be very close to the property line and their reason for it is to just get more of a breakfast nook, which he questions. Commissioner Eggenberger stated that he understands that, but they are just asking for 2 feet. Chair Gorham stated that he feels they need to draw the line somewhere and this is the property that they have purchased and believed that Planning Director Darling has attempted to find a balance. Commissioner Eggenberger stated that ‘his line’ would be the additional 2 feet that they are asking for. Chair Gorham stated that he meant programmatically he questioned where the City would draw the line into what makes a home and whether that included having to have a mud room and a breakfast nook. He stated that this just seems like this is what the applicants want to do and that no regard was given to the existing non-conformity. Commissioner Eggenberger stated that he understood Chair Gorham’s position, but he thinks of it from a perspective of designing the home with the thought of living there for a while and believes that anybody would want to design it so it would be as livable as possible. He reiterated that he CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 2, 2024 Page 7 of 8 did not think 2 feet was too big of a request. He stated that he thinks what has been presented is a good plan. Chair Gorham agreed and admitted that he felt it was a smart design but had concerns about the entire plan of the second floor as well as the bump outs. He reiterated that it feels like the applicant has not done the minimum and had just presented what they want to do. He stated that he feels that if the City approves this then every house that was built before 1950 can do whatever they want. Commissioner Eggenberger explained that the difference for him was the non-conforming lot. Chair Gorham stated that the applicants would know it was a non-conforming lot with a small house when they purchased the property. He stated that he would like there to be an acknowledgement of the City’s setbacks and not just come before the City asking to do whatever they want. He stated that it felt a bit like their mindset was ‘the zoning code be damned’. Commissioner Huskins stated that he did not quite see this the same way and believes the owner was being creative about using a non-conforming property to do what he felt was arguably necessary, in order for the family to have space. He stated that he was not at all concerned about the second floor. He stated that he was initially confused and thought that they were asking to come 2 feet closer with all of the structure, but they are not and agrees that the front porch situation is a safety issue. He stated that he feels the biggest issue is the cantilever because they are already 5 feet from the property line and this plan brings a section of their home just 3 feet from the property line, but it is not the entire length of the building and is just a small portion. He stated that the Planning Commission is not in the business of telling residents how to design their homes and noted that his sense is that this proposal is a workable solution for the community and for the family. He stated that he was inclined to vote in favor of recommending approval without all the conditions suggested by staff. Commissioner Eggenberger stated that he would agree but would still like to see the downspouts included in the conditions. Commissioner Huskins clarified that his comment was intended to be about the conditions related to the cantilever and the front porch only and would support the condition related to the gutters. Chair Gorham stated that he was struggling with what the ‘minimum’ is in this situation and if they were doing the minimum in order to alleviate the practical difficulties. Commissioner Huskins stated that he did not feel they were doing the minimum. Chair Gorham stated that he thinks they are supposed to be doing the minimum and believes that part of the struggle that Planning Director Darling had was finding what the minimum actually is. He noted that he believes she came up with the minimum being the changes suggested to the front porch and cantilever, but he would add the mudroom and bonus room to that list. He stated that the code says they have to do the minimum. Commissioner Huskins stated that he felt that was subject to interpretation. He stated that he did not see anything within the design that would suggest that they are being greedy about what they are requesting. He stated that he understands that they could find another place to put their table or get a smaller table, but it is not up to him to make those recommendations. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 2, 2024 Page 8 of 8 Chair Gorham stated that he was not suggesting they tell the applicant where to put their dining room table but was saying that what they are proposing was not the minimum. He stated that he feels the proposed design does not take into account any of the City’s constraints, which is what an architect should do. He stated that the applicants just want the cantilever for the breakfast nook and to have a covered front porch. Commissioner Huskins noted that the covered front porch does not bring the structure any closer to the road. Chair Gorham noted that it will give the appearance of being closer because now there is a covered structure in front of the home that was not there before. Commissioner Huskins reiterated that it will be no closer to the road that it currently is and reminded the Commission that this is a legally non-conforming structure already. Chair Gorham stated that he feels their plans are expanding the non-conforming. Commissioner Eggenberger stated that was why they were asking the City for a variance. Eggenberger moved, Huskins seconded, to recommend approval of the variance requests to expand a non-conforming home located at 5995 Glencoe Road, subject to the condition included in the staff report related to adding gutters and downspouts on the north side of the home, that they acquire all necessary permits, but remove the proposed conditions related to elimination of the cantilever and reducing the front porch size. Motion passed 2/1 (Gorham opposed). Chair Gorham stated that this item would come before the City Council on January 22, 2024. 6. REPORTS • Council Meeting Council Liaison Maddy reported on matters considered and actions taken during the Council’s recent meetings and some upcoming staffing changes with the Finance Director and Park and Recreation Director positions. The Commission discussed the recent vandalism that has taken place at three of the park bathroom facilities. • Draft Next Meeting Agenda Planning Director Darling stated there are no private development applications slated for the next meeting, but she was planning on the Commission considering some proposed ordinance amendments. 7. ADJOURNMENT Eggenberger moved, Huskins seconded, adjourning the Planning Commission Meeting of January 2, 2024, at 8:13 P.M. Motion passed 3/0. 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.