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Ordinance 606 Amending Shorewood City Code Chapters 1201.02 Definitions; 1201.03 Subds 4 (General Area and Building Size Regulations) and 11 (Sign Regulations); and Chapter 1201.19 (R-C, Residential-Commercial District); and Chapter 1201.24 (L-R, LakeshoCITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE 606 AMENDING SHOREWOOD CITY CODE CHAPTERS 1201.02 DEFINITIONS; 1201.03 SUBDS 4 (GENERAL AREA AND BUILDING SIZE REGULATIONS) AND 11 (SIGN REGULATIONS); AND CHAPTER 1201.19 (R-C, RESIDENTIAL -COMMERCIAL DISTRICT); AND CHAPTER 1201.24 (L-R, LAKESHORE RECREATIONAL DISTRICT) RELATED TO THE CREATION OF CONTENT NEUTRAL SIGN REGULATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. This Section amends Chapter 1201.02 (Definitions) of the Municipal Code. c+r language is proposed to be removed and underline indicates language to be added. Chapter 1201.02 DEFINTIONS: For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FLAG. Any fabric or similar lightweight material attached at one end of the material to a staff, pole, or similar permanently -installed device so as to allow movement of the material by atmospheric changes and that contains distinctive colors, patterns, symbols, emblems, insignia or other symbolic devices. SIGN. , visible to the geneFal Any letter, word, symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message, or visual communication that is displayed for informational or communicative purposes, whether painted, posted, printed, affixed or constructed, including any associated brackets, braces, supports, wires and structures. SIGN —ABANDONED. A sign which 1) no longer conveys the intended message; 2) is not properly installed as originally proposed; 3) is installed in the public right-of-way in violation of this Chapter; 4) remains on the property after the principal use has been removed; or 4) has been poorly maintained as evidenced by deteriorated condtion, including illegible or faded text, broken panels, or bent or broken supports. 5/r'A1 _ 400R&W n SigR GABIFAMWA ircatiRg r+rent -,Adders only, ..hn+heF r pt 8 riimori - I ferrn In D Dl 4r�r+r a addFnrr sign May ORGlUde the Rame of the r ririn n+ la -Al _ Alll/CDTIVAIr A hillbear.d nnr+nr panel, n+or! hi'llolin heard ., r.+h,r vfvr�rrarrrn , occ i—paiici�a'iiiccv vvic u�� ova�v vr—vci icr i e#C-I�sWe_iy-reicated to - the -pFemF5e5 op whieh the sigR is leca ,,I SIGNAREA. 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. For two-faced, freestanding signs where the two faces are parallel and face in opposite directions, only one face shall be used in computing the sign area. SIGN - BENCH. A sign which that is affixed to a bench such as, but not limited to' -a bus stop. the r .,her„ the sigR is lor-ated SIGN - CANOPY. Any message or identification wfi+e#that 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 — COMMERCIAL SPEECH. A sign advertising business(es), profession(s), commodity/ies, service(s), or entertainment. SIGN ArIREGTrvAW mnrsigrticc t e d -v i p a hli 'i c vi—p r'i v ato P rvp e rtv a h'i rh boa rs,v the SIGN - DYNAMIC DISPLAY. A sign or characteristics of a sign that appear to have movement or that appear to change, or have a series of images or displays 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. 44sr� includes ti+--aRy r„tat;Rg elying .,.,eviR,. flashin , the sign face coffeSeRt a se Fier f images 9F displays. SIGN —FACE. The surface of the sign upon, against, or through which the message of the sign is exhibited. E SIGN - FREESTANDING. Any stationary or portable, self -supported sign not affixed to any other structure. SIGN - GROSS SILHOUETTE. The area within an outline drawing of the principal building as viewed from the front lot line or the related public street. SIGN - HEIGHT. The height of a freestanding sign shall be computed as the vertical distance measured from the base of the sign at the lowest point of grade to the top of the highest attached component of the sign. SIGN - ILLUMINATED. Any sign which that is lighted by an artificial light source either directed upon it or illuminated from an interior source. public e semi public- iRsfitu ielp AGA the site ..,helre the sigR is L,r-ated SIGN - iNTcrORAL, A sign earFyiRg the naiiie Ref abhuWldiRg, 4S date 9f @FeGt49R material er ade Af hreRze, aluminum 9F ether peFPAaRE?Rt type ef GeRstFur-fiep and made an integraiPart Of the St.ruet-Fe. e a _ dgR. SI&A.1 A.41E.A.11-189ARD Any sqgR that has a message Felated to the site's fe-A-d- se.rvire ;;Ad gFa de to th., I94008Y limit 9f the c 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 wfi+eh that lawfully existed at the time of the passage of this Chapter or amendments thereto, but whieh does not conform with the regulations of this chapter. b. ILLEGAL. A sign whir-# that was constructed after the passage of this chapter or amendments thereto and does not conform with the regulations of this chapter. SIGN - NONCOMMERCIAL SPEECH. A sign that includes message that does not promote commercial products or services. SIGN -PERMANENT. Any sign that is not temporary. SIGN - PORTABLE. A sign so designed a-s to be movable from one location to another and wher# is not permanently attached to the ground or structure. SIGN - PROJECTING. A sign, other than a wall sign, that is affixed to a building and extends perpendicular from the building wall over 12 inches from the surface to which it is attached. 3 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 - ROOF. Any sign 4that is erected, constructed or attached wholly or in part upon or over the roof of a building. SIGN - ROTATING. A sign wfi+chthat 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 whiehthat is: 1) erected or displayed for a finite period of time (as specified elsewhere in this Chapter); 2) constructed with impermanent construction techniques or materials including but not limited to, vinyl or plastic sheeting or plywood; or 3) is portable or otherwise installed to be readily movable. SIGN - WALL. A sign wthat 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 w#ie#that is painted or similarly adhered directly on an exterior wall surface. SIGN - WINDOW. A sign affixed to or inside e# a window in view of the general public. This does not include merchandise on display. Section 2. This Section rescinds and replaces Chapter 1201.03 Subd. 11(Signs) of the Municipal Code in its entirety with the language below: Chapter 1201.03 Subd. 11. Sign Regulations. a. Findings. The City Council hereby finds it necessary for the promotion and preservation of the public health, safety, welfare, and aesthetics of the community that the construction, location, size, conspicuity, brightness, legibility, operational characteristics and maintenance of signs be controlled. Signs have a direct and substantial impact on traffic safety, pedestrian safety, community aesthetics and property values. The City Council recognizes that a great percentage of signs that are blighted, unattractive, or provide an unsafe distraction to motorists can be corrected by sensible quality control through adequate maintenance, inspection, and operational guidelines. The City Council also recognizes that signs provide a guide to the physical environment and, as such, serve an important function to the community and economy. The City Council further finds as follows: (1) Exterior signs can have a substantial impact on the character of the community and the quality of the environment. (2) Uncontrolled and unlimited signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. 4 (3) Signs provide an important medium through which individuals may convey a variety of messages. (4) The City's zoning regulations have, since as early as 1956, included the regulations of signs in an effort to provide adequate means of expression and to provide the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that could adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. (5) The regulation of the physical characteristics of signs has had a positive impact on traffic safety and the appearance of the community. b. Purpose and Intent: The City Council intends by this chapter to establish a legal framework for sign regulation in the city. The regulations promulgated in this chapter are intended to facilitate an easy and agreeable communication between people while protecting and promoting the public health, safety, welfare, and aesthetics of the community. (1) It is not the purpose or intent of these sign regulations to prefer or favor commercial messages or speech over noncommercial messages or speech, nor is it the purpose or intent of these sign regulations to discriminate between types of noncommercial speech or the viewpoints represented therein. It is not the purpose or intent of these sign regulations to regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to regulate any building design or any display not defined as a sign, or any sign that cannot be viewed from outside of a building. (2) The purpose and intent of these sign regulations is to: (a) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare. (b) Maintain, enhance, and improve the aesthetic environment of the city by preventing visual clutter when harmful to the appearance of the community. (c) Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics. (d) Provide for fair and consistent enforcement of the sign regulations set forth in this subdivision under the zoning authority of the city. C. Effect. A sign may be erected, mounted, displayed or maintained in the city if it is in conformance with the provisions of this subdivision. The effect of these regulations is to: (1) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones; (2) Allow signs that are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; (3) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this sign ordinance; (4) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the natural or built environment and where the communication 5 can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare; and (5) Provide for the enforcement of the provisions of these regulations. d. Scope and Applicability. All signs installed within the City of Shorewood are subject to the sign regulations of this subdivision and all other applicable provisions of this Chapter. Signs are accessory uses and shall be permitted only in those zoning districts where they are specifically listed as allowable accessory uses, except for signs installed on vacant lots marketed for sale or lease. e. Substitution. The owner of any sign that is otherwise allowed by this subdivision may substitute noncommercial speech in lieu of any other commercial speech or noncommercial speech. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial speech over any other noncommercial speech. This provision prevails over any more specific provision to the contrary. f. Severability. If any section, subsection, sentence, clause or phrase of these sign regulations is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portion of these sign regulations, The City Council hereby declares that it would have adopted the sign regulations in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. g. Permit Required. (1) Permanent Signs. Except as expressly provided in Section 1201.03 Subd. 11. g. (7) of City Code, no permanent sign may be erected, altered, reconstructed, maintained or moved without first securing a permit from the city. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a permit. (2) Temporary Signs. Except as expressly provided in Section 1201.03 Subd. 11. g. (7) of City Code, no temporary sign may be erected, altered, reconstructed, maintained or moved without first securing a permit from the city consistent with the regulations of this subdivision and Section 1201.07 Subd. 2. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a permit. (3) Review. (a) No permit shall be issued until the application, plans, and materials have been found to be in conformance with the zoning and building regulations, as determined by the Zoning Administrator and Building Official or their designee(s) and the required fee has been paid. Signs installed prior to issuance of a permit shall be either required to be removed or the property owner shall be required to pay a double permit fee. Fees shall be as specified in Chapter 1301 as may be amended from time to time. (b) Application for a sign permit shall be made on forms provided by the City and include: (i) The name and contact information of the property owner, tenant (if applicable) and the person, firm, corporation, or other organization erecting the sign; (ii) A certified survey and site plan showing the proposed location of the sign on the site including its position relative to easements, buildings, structures, driveways, streets, property lines, etc. (iii) A complete set of plans showing the necessary elevations, distances, sign dimensions, and details to fully and clearly represent the construction and placement of the sign, including, but not limited to, the following information: 1. Number of sign faces and type of sign (building, freestanding, banner, feather, etc.); 2. Construction materials; 3. Sign dimensions; 4. Type, direction, location and intensity of illumination and name of electrical contractor; 5. Method of attachment to the building or ground. (iv) Stress sheets and calculations showing that the structure is designed to meet the dead load and wind pressure requirements of the Minnesota State Building Code (permanent signs only). (v) The estimated value of the sign (permanent signs only) including labor to install the signs, the sign and any other necessary materials). (c) Action. The City shall inform the applicant of approval or denial within the time period required by state law (M.S. 15.99). Appeal of a permit denial may be submitted consistent with Section 1201.05 of City Code. The permit shall not be issued until the fee for the sign is submitted. (4) Inspections. The Building Official, Zoning Administrator or their designee may require inspections to determine that the sign has been installed in compliance with the minimum standards set forth in this Chapter, the Minnesota State Building Code, any other applicable chapter of City Code, with the approved permit, or to confirm removal of temporary signs in the timeframe specified by the permit or this subdivision. (5) Expiration. Permits for permanent signs shall expire if the sign was not installed as approved within 180 days after the permit was issued. Permits for temporary signs shall expire as indicated on the permit or in this subdivision. (6) Additional Permits Required. (a) Electrical permits. Signs that are illuminated or in any way connected to electricity must be installed in accordance with the current electrical code and a separate permit from the State of Minnesota must be obtained prior to placement. (b) Other jurisdictions. Prior to installing any sign, the applicant shall be responsible for acquiring permits from all other jurisdictions, including but not limited to, the State of Minnesota, Hennepin County, etc. (7) Exceptions. The following signs do not require a permit but shall comply with all other applicable provisions of City Code. These exemptions, however, do not relieve the owner 7 of the sign from the responsibility of compliance with the provisions of the zoning regulations or any other law or ordinance regulating signs in the city. (a) Public signs placed in the right-of-way. (b) The changing of copy on a manual message board or dynamic display unless a structural or electrical change is involved. (c) The changing of copy on any sign that does not affect the structure or electrical components. (d) Window signs. (e) Signs as allowed by Sections 1201.03 Subd. 11 h. (5), (6), (9), (11), (12) and (14) of City Code. (f) Temporary signs as allowed by section 1201.03 Subd. 11. i. (1) (h) i and iii; 1201.03 Subd. 11 i. (2) (f); and 1201.03 Subd. 11 i (4) (e) vi. height. (g) Installing or exchanging flags on an existing flagpole. (h) Temporary signs three square feet in area or less and under 36 inches in General Regulations. These regulations shall apply to all signs. (1) Building Code. All permanent signs shall comply with Chapter 1001 of City Code. (2) Placement. No signs shall be located closer than five feet to any property line unless a greater setback is directed elsewhere in this subdivision. (3) Public rights -of -way, public lands or public easements. (a) No signs other than public signs shall be erected or temporarily placed within or upon public lands or within public rights -of -way abutting public lands. (b) No signs other than public signs and those authorized by Section 1201.03 Subd. 11 h. (5) of City Code may be erected or temporarily placed within or upon rights -of -way or public easements. (c) Any sign placed in violation of this section shall be considered abandoned and may be removed without notice. (4) Prohibited signs. The following signs are specifically prohibited: (a) Any sign that obstructs the vision of drivers or pedestrians or detracts from the visibility of any public or official traffic -control device. (b) Any sign that resembles or imitates an official traffic sign or signal, unless directed to be installed by a federal, state or local government. (c) Any sign in violation of Section 1201.03 Subd. 2. h. (Traffic Visibility) of City Code. (d) Any sign that moves, rotates, has any moving parts or gives the illusion of motion. (e) Any sign that contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices, except as allowed by Section 1201.03 Subd. 11 i. (2) (g). 11 i (2) (g). (f) Portable or inflatable signs (except as provided in Section 1201.03 Subd. E'1 (g) Signs that are attached in any manner to trees, shrubs, fences, utility poles, bridges, towers, transit shelters, or other similar structures, except that public signs may be installed to utility poles, bridges, towers transit shelters, or other similar structures. (h) No sign shall be illuminated with any flashing or intermittent lights (unless installed on a public sign), nor shall any sign shimmer or be animated. (i) Any sign that allows light to be directed at on -coming traffic, interfere with or obscure an official traffic sign or signal (j) Any illuminated sign that directs light onto a lake so as to interfere with navigation. (k) Roof signs. (1) Window signs in excess of 10% of the total area of the window space as viewed from the street, up to but not exceeding a maximum of 20 square feet. (m) Any sign that projects into the required setback as outlined in this Subdivision or over the public right-of-way or public easements, except for those authorized by Section 1201.03 Subd. 11 h. (5) of City Code. (n) Wall graphics. (o) Abandoned signs. (p) Any sign greater than 200 square feet, except as permitted in Section 1201.03 Subd. 11 h. (5) of City Code. (5) Temporary Noncommercial Speech Signs posted as permitted by MS § 21113.045. (a) Signs may be posted in any number or size during the following times: (i) State general election years: 46 days before a state primary until 10 days following the state general election pursuant to MS § 21113.045. (ii) For elections without primaries: 100 days before the election to 10 days following the election. (b) During the time identified in (a) above, the noncommercial speech signs shall not be located in violation of 1201.03 Subd. 2. h. (Traffic Visibility) of City Code or closer than five feet from the street, as measured from: (i) The curb of a paved roadway. (ii) The paved street surface for those streets without curb and gutter. (iii) The edge of the aggregate surface for gravel street or those paved streets with improved gravel shoulders. (6) Required signage. Any sign required by Chapters 1001 or 607 of the Shorewood City Code, shall not reduce the allowed sign area nor the number of signs allowed on any property, but must adhere to the other regulations of this subdivision. (7) Illumination. Illumination for signs must be constructed and maintained so that the source of light is not visible from the public right-of-way or a property used or zoned for residential purposes and consistent with the regulations in Section 1201.03 Subd. 2. i. of City Code. Illumination must be authorized in the specific district in which the sign is located. (8) Dynamic Display. The purpose of this paragraph 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 9 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. (a) Authorization. Signs with dynamic display are only permitted in the zoning districts listed in Section 1201.03 Subd. 11 i of City Code that specifically authorize them. (b) Freestanding signs only. Signs with dynamic displays shall only be allowed as part of freestanding signs. (c) Setbacks/hours. Signs with dynamic displays must be a minimum of 20 feet from side lot lines and 100 feet from adjacent residential districts. Dynamic display signs within 500 feet of residential properties shall be programmed to freeze the image between the hours of 10:00 p.m. and 6:00 p.m. (d) Area limitation. Dynamic displays may occupy no greater than 25 percent of the actual copy and graphic area. The remainder of the signs shall not have the capability to have dynamic displays even if they are not used. Only one dynamic display area is allowed on a sign face. The dynamic display sign shall be located at the bottom of the sign face. (e) Duration of image for time/temperature. A display of time, date, or temperature must remain for the duration specified in Section 1201.03 Subd. 11. i of City Code, before changing to a different display, but the time, date, or temperature information itself may change no more often than once every 60 seconds. (f) Transition. If a dynamic display sign's image or any portion thereof changes, the change sequence must be instantaneous without any special effects. (g) 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. (h) 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. (i) Audio. Dynamic display signs shall not be equipped with audio speakers. (j) 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. (k) Brightness. All dynamic display signs shall meet the following brightness standards: (i) 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. (ii) 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 10 feet from the sign's face and automatically controls the sign's brightness to comply with the requirements of this subdivision. (iii) 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. (iv) 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. (v) 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. (9) Temporary signs for properties available for sale, lease or rent. Such properties may have the following additional signs: (a) The maximum size of signs shall not exceed six square feet for single family, two-family, townhouse or quadraminium homes nor more than 20 square feet for multiple family or nonresidential uses. (b) The maximum height of the signs is eight feet. (c) One sign is permitted per street frontage. Lakeshore lots may have an additional sign oriented to the lake. (d) Signs must be removed from the property within 14 days after the sale or the building is leased/rented. (e) The signs may not be illuminated. (10) Flags. A maximum of four flags may be displayed on any one property on freestanding poles and the height of the flagpole shall not exceed the height allowed for a principal building in the applicable zoning district. (11) Interior signage. This subdivision shall not apply to any signs installed within buildings provided they are a minimum of three feet within the building and not visible from outside the building. (12) Traffic signs (Public). No regulations in this subdivision shall apply to public signs used for traffic or traffic control installed by or directed to be installed by a federal, state, county or local government. (13) Temporary signs for new non-residential uses. Any new non-residential use that has applied for its permanent business sign may, at the same time, apply for a permit for a temporary sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary sign shall be no larger than the approved permanent sign. (14) Temporary signs for properties with construction not related to subdivision. One additional temporary sign may be installed on any property where construction is occurring, but shall not exceed six square feet for single-family, two-family, townhouse or quadraminium nor more than 20 square feet for multiple family or nonresidential uses. The sign shall be removed from the site when the construction project is finished or two years from the initial installation, whichever comes first. The maximum height of such signage is eight feet. 11 i. District Regulations. Subject to other conditions of this subdivision, the following signs are authorized as specified below for each zoning district. (1) Residential Districts (R-1A - R-36 and residential uses in the PUD and R-C Residential/Commercial Districts) (a) Commercial speech signs are not allowed for single-family, two-family, townhouse, and quadraminium uses, except for those authorized in Section 1201.03 Subd.11 h. (9) and (14). (b) Allowed area of all signage on each property in residential zoning districts: Use Total Area of all Signs unless specified elsewhere in this subdivision Single-family, two-family, 8 square feet quadraminium, and townhouses Multiple Family 50 square feet Non-residential Uses (Not including 50 square feet per each 10 acres PUD and R-C districts) (c) Allowed freestanding signage on each property in residential zoning districts: Use Maximum Sign Maximum Area of a single Maximum Height of number of signs freestanding sign* freestanding Signs over 8 square feet Single-family, two- family, 8 6 0 quadrominiums, townhouse Multiple Family 20 9 1 Non-residential Uses 20 9 1 per street frontage * sign area is subject to limitation indicated in Section 1201.03 Subd.11 h (1)(b) (d) Allowed wall signage on each property in residential zoning districts: Use Maximum area of wall Maximum number of wall Single-family, two-family, Not permitted, except as allowed by Section 1201.03 quadrominiums, Subd.11 h (5). townhouse Multiple Family 10 percent of gross 1 per property shillouette 12 Non-residential Uses 10 percent of gross silhouette 1 per frontage *Sign area is subject to limitation indicated in Section 1201.03 Subd. 11 h (1) (b) (e) Signs for multiple family and non-residential uses placed along arterial or major collector roadways may be indirectly illuminated subject to the standards in Section 1201.03 Subd. 2. i. (f) Signs for cemetery uses may be affixed to an entry arch but may not exceed 18 feet in height. (g) Dynamic Display. Freestanding signs for legally conforming non-residential uses in residential districts may include dynamic displays subject to the restrictions in Section 1201.03 Subd. 11. h. (8) of City Code and as follows: i. Only properties with frontage along major collector or arterial roadways are permitted to have signs with dynamic displays. ii. The dynamic display portion of the sign shall be limited to no more than 75 percent of the allowable sign area. iii. The displays are limited to alpha -numeric text only. iv. The displays shall remain static for 90 minutes at a time, except as indicated in Section 1201.03 Subd. 11 h 8 (e) of City Code. square feet: (h) Additional signage permitted: i. Temporary signs in excess of eight square feet, but not greater than 32 Each residential property shall be allowed two such signs per year and each sign may be placed on the property for no more than 15 days. II. Each nonresidential property shall be allowed four such signs per year and each sign may be placed on the property for no more than 15 days. III. Not more than one sign may be placed on the property at a time. ii. Permanent signage for subdivisions with 20 lots or more. I. One monument sign per dedicated street entrance. II. The maximum size sign is 32 square feet in area and the structure size is limited to % ofthe allowed sign area. III. The maximum height is eight feet above grade. IV. The sign may not be illuminated. iii. Temporary signs for new developments. Each new subdivision with three or more lots or a multiple family or non-residential project shall be allowed two temporary signs that may be installed at the entrance to the project. I. The maximum size of the signs shall be 32 square feet each. II. The signs shall not be illuminated. III. The signs shall be removed when the construction of subdivision improvements has ended, the principal building is occupied, or when 80 percent of the residential lots are developed and sold, whichever occurs first. iv. Nonresidential and multiple family uses. One permanent sign, not to exceed three square feet in area and eight feet in height, may be installed per street access. 13 V. Nonprofit athletic associations under contract pursuant to Section 902.06 of City Code for exclusive field use may display temporary sponsorship signs to be placed on certain ball field fences on public property, provided that: I. The nonprofit athletic association must execute an annual license agreement with the City setting forth the conditions of approval and the duration of the approval. The association shall pay the 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. 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, and painted or factory coated 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 ballfield is 15. Vlll. The nonprofit athletic association is responsible for maintaining the signs consistent with these requirements and in good repair. If a sign become detached, torn, or vandalized or was installed in violation of the above, the sign will be 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. (2) Commercial uses in R-C Residential/Commercial zoning district (a) Not more than two permanent signs including wall and freestanding signs, may be displayed per property. (b) Freestanding signs shall not exceed 40 square feet in area nor eight feet in height. (c) Total area of signage shall be limited to a total surface area determined by taking 5% of the gross silhouette area of the front of the building, but not more than 100 square feet per property. Where the principal building is on a corner lot, thus faces two streets, both sides may be counted. (d) Illuminated signs shall not be permitted in the R-C District, except that: i. Signs located at least 100 feet from a residential district boundary may be illuminated. ii. Signs located nearer than 100 feet to a residential district boundary may be illuminated, provided the sign is screened from view of residential properties. 14 iii. In no case shall signs be illuminated between the hours of 9:00 p.m. and 7:00 a.m. iv. All illuminated signs must comply with the provisions of Section 1201.03 Subd. 2.i. of City Code. (e) One additional permanent sign, not to exceed three square feet in area and eight feet in height, may be installed per street access. Each sign must be located a minimum of five feet from front and side property lines. (f) Additional temporary signs for new development i. Each new residential subdivision with three or more lots or new non- residential development shall be allowed two temporary signs that shall be installed at the entrance to the project. ii. The maximum size of the sign shall be 32 square feet each. iii. The sign shall not be illuminated. iv. The sign shall be removed when the proposed principal building is occupied or when 80 percent of the residential lots are developed and sold. (g) Additional temporary signage. Two temporary signs in excess of eight square feet, but not greater than 32 square feet shall be allowed per year and each sign may be placed on the property for no more than 15 days. Not more than one sign may be placed on the property at a time. (3) L-R Lakeshore Recreational District; (a) Not more than two signs, one facing the lake and one facing the street, may be displayed per property. (b) Signs shall not be illuminated. (c) Signs shall not exceed 20 square feet in area each nor more than eight feet above grade. (d) One permanent sign, not to exceed three square feet in area and eight feet in height, may be installed on the same per public street access. Each sign must be located a minimum of five feet from front and side property lines. (e) Additional Signage. Two temporary signs in excess of eight square feet, but not greater than 32 square feet shall be allowed per year. Each sign may be placed on the property for no more than 15 days. Not more than one sign may be placed on the property at a time. (4) Commercial Districts (C-1, C-2) and commercial uses in PUDs; (a) The maximum area of all signs shall be no greater than 10 percent of the gross silhouette of the front of the principal building. Where the principal building is on a corner lot and thus faces two public streets, both sides may be counted. (b) The maximum number of signs is three per property, of which one may be a freestanding sign over eight square feet in area. (c) 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. (d) Dynamic Display. i. Freestanding signs only. Dynamic displays shall only be permitted on freestanding signs and shall not increase the amount of sign area. 15 ii. Duration of image. A dynamic display may not change more often than once every ten minutes, except as indicated in 1201.03 Subd 11 h. 8 (e). V. The portion of the sign with the dynamic display shall be located at the bottom of the sign face. vi. The dynamic display signs may occupy no more than 25 percent of the actual copy and graphic areas and the remainder of the sign may not have the capability to have dynamic signs even if they are not used. vii. Only one contiguous dynamic display area is allowed on a sign face. (e) Additional signage permitted: i. Window Signs. The total areas of window signs shall not exceed 10 percent of the total area of windows as viewed from the street. The area of any window sign with lettering over 3.5 inches in height shall be subtracted from the total number and area of signs allowed for the property. ii. Signs oriented to drive -through service lanes. Each drive -through service lane approved by conditional use permit shall be allowed a maximum of two additional freestanding signs not exceeding eight feet in height. The total area of the two signs shall not exceed 39 square feet, with no one sign allowed greater than 32 square feet. One of the two signs may include a digital order confirmation sign. Placards placed on the top or sides of the sign count towards the total area of the sign. iii. Multi -tenant buildings or shopping centers. A multitenant building or shopping center is permitted additional signage to the approval of a conditional use permit with an overall site and signage plan indicating the size, location and height of all signs. A maximum of 10 percent of the gross silhouette of each multi -tenant building with two or more business uses shall apply to the principal building where aggregate allowable sign area is distributed among the several businesses. A shopping center may also be allowed to have two freestanding signs identifying the shopping center. iv. One permanent sign, not to exceed three square feet in area and eight feet in height, maybe installed per street access. Each sign must be located a minimum of five feet from property lines. V. Permanent signs not to exceed 12 square inches may be installed at or near parking spaces, not to exceed 10 per property. vi. Temporary signs for new development. Each property shall be allowed two temporary signs that shall be installed at the entrance to the project. I. The maximum size of the signs shall be 32 square feet each. II. The signs shall not be illuminated. III. The signs shall be removed when the principal building is occupied. vii. Additional temporary event signs. Subject to approval of a permit, each property is allowed two temporary signs, banners, pennants, or similar devices, for up to 15 consecutive days. No more than one such sign, banner, pennant or similar device shall be used on the site at a time. A searchlight may be substituted for one such sign, banner, pennant or similar device, but may be used on the property for no more than 24 consecutive hours. Searchlights may not be used between the hours of 11 p.m. and 6 a.m. j. Non -conforming Signs. (1) Any illegal non -conforming sign shall be removed from any property. 16 (2) Any legal non -conforming sign shall not be expanded but may be continued at the size and manner of operation existing on the date it became nonconforming. The property owner may maintain, repair or replace the sign (not including expansion or changes to the manner of operation) unless the sign is removed for a period of more than one year. Once the sign has been removed from the property for one year, any subsequent request for replacement shall be subject to the regulations in this subdivision. (3) Any legal non -conforming sign may be returned to a safe condition when the sign is declared unsafe by the Building Official, unless the sign is destroyed by fire or other peril to the extent of 50 percent of its market value (as determined by the City Assessor) and no permit has been applied for within 180 days of when the sign is damaged. (4) A legal nonconforming sign may not be changed to another nonconforming sign. (5) Any nonconforming sign used as a principal use on a property must be removed prior to development of the site for any other use. Section 3. This Section amends Chapter 1201.03 Subd 4 (General Area and Building Size Regulations) of the Municipal Code. Strickee language is proposed to be removed and underline language is proposed to be added. Chapter 1201.03 Yard Requirements Subd. 4. General area and building size regulations. a. Purpose. This section identifies general area and building size requirements and exceptions to general height requirements in each zoning district. b. Useable open space. Each multiple -family dwelling site shall contain at least 500 square feet of useable open space as defined in § 1201.02 of this chapter for each dwelling unit contained thereon. Height. (1) The building height limits established herein for districts shall not apply to the following: (a) Belfries; (b) Chimneys or flues; (c) Spires on religious institutions; (d) Cooling towers, mechanical and air conditioning equipment when screened from view; (e) Cupolas and domes which that do not contain useable space; (f) Elevator penthouses; (gk;) Monuments; (hi) Parapet walls extending not more than three feet above the limiting height of the building; subject to Subd M Qk) 10 of this section; Water towers; Poles, towers and other structures for essential services 17 (, ) Television and radio antennas not exceeding 20 feet above the roof. Exception: ham radio antennas over 20 feet may be allowed by conditional use permit as provided for in § 1201.04 of this chapter, provided that: (i) The ham radio must be licensed by the Federal Communications Commission (FCC); permit; area of the lot; and (iv) be difficult to climb. Construction of the antenna requires a building The antenna must be located within the buildable The antenna must be fenced or so designed as to (2) The requirements of Minn. Rules 8800.1200 (Criteria for Determining Air Navigation Obstructions), as may be amended, are hereby adopted by reference. d. Roof equipment. No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than 25% of the area of the roof nor shall the equipment exceed ten feet in height unless otherwise noted. e. Efficiency apartments. Except for elderly housing, the number of efficiency apartments in a multiple dwelling shall not exceed 5% of the total number of apartments. f. Minimum floor area - commercial structures. Commercial buildings (principal structure) having less than 1,000 square feet of floor area may only be allowed upon approval of a conditional use permit as provided for in § 1201.04 of this chapter, provided that: (1) The structure is built on a lot with a minimum lot area of no less than 10,000 square feet; (2) Adequate on -site parking is provided; (3) The architectural character of the building is similar in character to buildings in the surrounding area. Section 4. This Section amends Chapter 1201.19 Subd 8. Special District Provisions of the Municipal Code. St language is proposed to be removed and underline language is proposed to be added. Subd. 8. Special District provisions. rr a 18 (a) gogn6Ionate d tieast�feet from _a resideptW (b) SigR6 log_aterl nearer than 100 foot ten reS+rlmn#+nresidential pFepeFtie6-. (G) IR RE) Ga hall SigRS OR the R G Dict be . _.�- r� (d) All illuminated svigrTG MW 6t nomnhi With the p ' ' ns of § 1201.03 Sulad 2.4. of this nnrle y ,,,, 3) F= eestandfeg signs not exa€eding 40 squarer -feet -and ttOt higher than eight feet shall he permitted in the R C; District de. Storage - displays: with the exception of nursery stock, all materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the R-C District or within the confines of 100% opaque wall or fence not less than five feet high. The City Council or its designated representative shall evaluate the design elements of the conditional uses under the provisions of § 1201.04. Section 5. This Section amends Chapter 1201.24 L-R, Lakeshore Recreational District of the Municipal Code. Seri language is proposed to be removed and underline language is proposed to be added. Subd. 3. Permitted accessory uses. The following are permitted accessory uses in a L-R District: a. Off-street parking as regulated by § 1201.03, Subd. 5 and by § 1201.24, Subd. 8h of this section; b. One clubhouse building, not exceeding 2000 square feet of floor area on the first floor level. This building may be used for sale of limited items used in conjunction with boating, including fishing bait and tackle, light accessory marine -line equipment, soft drinks, prepackaged foods, shower and meeting rooms; C. One storage building, not exceeding 1200 square feet of floor area; d. Gasoline dispensing equipment (boat only) subject to design standards of the Minnesota Uniform Fire Code, approval of the State Fire Marshall, the local Fire Marshal, the Pollution Control Agency, Department of Natural Resources and other applicable agencies and if authorized by the City Council. Sale of gasoline is limited to those individuals renting or leasing dock slips, or launching boats from the subject site, or, in the case of a yacht club, to members of the yacht club; e. Boat rental, in compliance with LMCD regulations and as authorized by the City Council. Signs as regulated by § 1201.03 Subd. 11. of this Code. 19 Section 6. EFFECTIVE DATE. This Ordinance --- adopting the Amendments to City Code, Chapter 1201, Zoning Regulations shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, thisay of `�zj- 2024. Z� &" &ncl Sandie Thone, City Clerk 20 AQL4�L- Je /nifer Labadie, Mayor