Staff ReportsCITY OF SHOREWOOD
ORDINANCE NO.487
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO DYNAMIC DISPLAY SIGNS
Section 1. City Code Section 1201.02 is hereby amended to include:
"SIGN —DYNAMIC DISPLAY. A signor 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."
Section 2. City Code Section 1201.03 Subd. 1 Lb.(2)(c) is amended to read:
"(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
section e. of this subdivision;"
Section 3. City Code Section 1201.03 Subd. 11. is hereby amended to include:
"e.. 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. 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.
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 10 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 10 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.
Section 4. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of
November 2011.
CHRISTINE LIZEE, MAYOR
ATTEST:
BRIAN HECK, CITY ADMINISTRATOR/CLERK
j CITY OF SHOREWOOD PLANNING COMMISSION MEETING
• . November 1, 2011
Page 5 of 15
Director Nielsen stated there are two ways to handle this. One is to deny the variance and then amend the
ordinance. He explained that in the past variances have been granted in some cases when there was an
assumption more requests of similar nature were going to be asked for and a note was made that when the
similar requests are made the City should consider an amendment. He stated if this variance request were
to be granted because it seems reasonable then it makes sense to address an amendment immediately.
Director Nielsen reiterated the variance request is for the roof over the porch that encroaches into the
setback area and that is not allowable in the ordinance.
Chair Geng clarified he doesn't think the Planning Commission should ever encourage someone to build
in the setback area. In this neighborhood there are a number of houses that are close to the street. He
stated he thought the property next to the applicants on the south side is even closer to the street than the
applicants. The problem in this neighborhood is not unique. He then stated he thought it would be wise to
limit a front yard setback amendment to the R-ID District and to make it clear that it would not be for a
substantial addition into a setback area.
Commissioner Hasek suggested the Commissioners spend some time in that neighborhood and to get a
good understanding of what the limits of the R-11) District are so they fully understand what needs to be
addressed. Director Nielsen suggested looking at all of the R-ID Districts on the zoning map. Nielsen
stated the amendment would apply to those neighborhoods as well.
Chair Geng suggested the discussion of such an amendment be added to the Planning Commission's 2012
work program.
Commissioner Hasek stated if a second Planning Commission meeting was to be scheduled for December
he asked when it would be. Director Nielsen responded the meeting would be on December 20'h. Council
Liaison Woodruff noted the City Council traditionally only schedules one regular meeting in December.
Administrator Heck agreed with putting the amendment discussion on the 2012 work program. The
schedule for the remaining two 2011 Planning Commission meetings are already full and items have
already been pushed into 2012.
Chair Geng stated he is not convinced the ordinance needs to be changed. He supports discussing the
possibility of an amendment in 2012 to ensure the Commission has sufficient time to thoroughly assess
the need.
Ms. Gloude stated they were originally told there were two items that needed a variance with one of them
being the concrete stoop. When they received a copy of the material in the meeting packet on October 29,
2011, they learned the stoop was really never an issue. She explained the cutback in the eyebrow roof
leaves lots of snow on the porch.
Mr. Gloude stated from his perspective the City has already established a precedent with the front entry
allowance. That is to say age of home relative to the current ordinance and limited size. The front entry is
a 4-foot by 6-foot allowance in the setback for homes of a certain age.
Chair Geng closed the Public Hearing at 7:51 P.M.
2. 7:00 P.M. PUBLIC HEARING —DYNAMIC SIGNS
Chair Geng opened the Public Hearing at 7:51 P.M., again noting the procedures utilized in a Public
Hearing. Items acted upon this evening would be placed on a November 28, 2011, Regular City Council
meeting agenda for further review and consideration.
' CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 1, 2011
Page 6 of 15
Director Nielsen stated the meeting packet contains a copy of a revised proposed amendment to the City's
Zoning Code Chapter 1201.03 Subd. 11 addressing dynamic signs. He noted the Planning Commission
has been working on this for several months. There has been consensus that keeping up with technology
is a good thing to do, but it does need to be controlled and regulated.
Nielsen highlighted the changes the Commission discussed during its October 4, 2011, meeting. The
extensive Findings section was replaced with a smaller Purpose section. A provision was added that
prohibits a dynamic display sign from being located closer than 20 feet from a side lot line. A provision
was added stating "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 sign, provided the alpha -numeric message
remains static for no less than four hours at a time." A provision was added for residential zoning
districts, including the R-C, Residential/Commercial zoning district stating "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." He noted those provisions are only for conditional uses in those districts. There were
also a few minor changes made.
Nielsen noted that earlier in the day the City received a request from Mike Cronin, a representative for
Holiday Stationstores (Holiday) who has been part of the previous dynamic display sign discussions,
asking for the opportunity to review changes Holiday would like to have made to the Zoning Code text
amendment.
Mr. Cronin, 8809 West Bush Lake Road. Bloomington, and representing Holiday Stationstores, stated he
thought the proposed ordinance is cautious and safe. He then stated Holiday is requesting three changes
be made to the ordinance. He noted he thinks the changes could be made without compromising what the
City's intents are with regard to dynamic display signs. From Holiday's perspective the changes would
make the use of the signs much more effective.
Mr. Cronin explained the first requested change relates to night-time operation. He distributed some
photographs and sections of the ordinance to help illustrate his points. He noted the ordinance states "...
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....". One photo displays
how far back the 500-foot radius reaches from the sign at a Holiday location in the City. In those
instances when the face of the dynamic sign is shielded from single and two family homes by the
orientation of the sign face, intervening structures or other buffers, Holiday is asking that its
representatives be given an opportunity to request to City staff to wave the 10:00 P.M. restriction. A
second photo showed the signs are pointed toward the road, not residential property. A third photo
showed you can't see any houses. A fourth photo showed there were only two houses from which the
signs could be seen. He commented the City has done a good job of trying to protect residential properties
from commercial properties.
Mr. Cronin then explained the second requested change relates to the size of a sign. He distributed
information supporting the reason for this request. The ordinance states "Dynamic display signs may
occupy no more than 25% percent of the actual copy and graphic area.". Holiday is requesting that be
increased to 45 percent but no more than 32 square feet of the actual copy and graphic area. That would
allow Holiday to have a 32 square -foot sign. What Holiday is talking about is 12 square feet of sign area.
He is not sure the 12 square feet makes much difference to the City, but it does make a big difference to
Holiday with regard to letter height. It also impacts the geometry of the sign and that is a big issue for
Holiday. Holiday would like to maintain its 1-tall by 2-wide standard for the Holiday station in
Shorewood.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 1, 2011
Page 7 of 15
Mr. Cronin went on to explain the third request relates to message duration. He distributed information
supporting the reason for this request. The ordinance states "A dynamic display sign's image, or any
portion thereof, may not change more often than once every 10 minutes ... A display of time, date, or
temperature must remain for at least 10 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." Holiday
is asking that the image be able to change not more than once every 10 seconds and deleting the entire
second sentence. If not every 10 seconds, then at least every 20 or 30 seconds. A person wouldn't see the
sign change if it changed that frequently. He noted some other cities allow signs to change every 10 — 12
seconds and it doesn't cause any safety issues.
Mr. Cronin stated there is technology for ambient light sensors. He recommended that be made a
requirement in the ordinance so a sign can't go from 500 nits (candelas per square meter) to 5000 nits at
the crack of dawn or so that it is not as bright on a grey day. He asked the Planning Commission to
consider the changes Holiday has proposed.
Commissioner Garelick expressed concern that there wouldn't be any standardization if the City were to
grant exceptions to the 10:00 P.M. — 6:00 A.M. restriction. That would make the ordinance too subjective.
He thought making the change would make it too easy for people to ask for an exception. Commissioner
Hasek expressed his agreement with that concern.
Mr. Cronin stated that is not Holiday's intent and explained that specific request applies only to the
provision that the image be static between those hours. That would be the only provision in the ordinance
where an exception could be granted. If the provision doesn't add any protection because of things such
as the orientation of the sign then the provision doesn't need to be applied.
Chair Geng asked if there is anything that would prevent an applicant like Holiday from applying for a
conditional use permit (C.U.P.) or a variance. Director Nielsen explained the City doesn't have a
conditional use for that. Nielsen noted most cities do not handle dynamic display signs by C.U.P. Geng
clarified that he was asking if the City adopts a standard and an organization or person wants something
different can they apply for a C.U.P. Nielsen stated not unless the ordinance is changed to have criteria
for that. Visibility from houses could be a criterion, but the criteria would have to be pre -established.
Nielsen stated if there is any leaning toward an exception like that, that is how he would suggest handling
it. He noted he is not convinced an exception is in order. Geng noted he is not convinced one is needed
either.
Commissioner Garelick asked how the draft ordinance compares to other surrounding cities' ordinances.
Mr. Chronic stated he thought it was similar to other ordinances, yet the City's ordinance deals with
brightness more than many others. Director Nielsen explained after reviewing other ordinances he has
concluded there is a wide range of how dynamic display signs are handled. Staff considered the City's
character when drafting the ordinance. The City is a residential community. The commercial areas in the
City in general support residential uses. The Waterford Shopping Center has a condition where the lights
have to be dimmed somewhat at 11:00 P.M. because of the neighborhood.
Mr. Cronin stated he thought the Waterford Shopping Center and the CUB Foods light dimming
standards are both 11:00 P.M. He asked if the Planning Commission would consider changing the static
display restriction to 11:00 P.M. That would at least tie the restriction to some standard. Director Nielsen
clarified CUB doesn't have a restriction at all to lower its lights. Nielsen stated CUB does have a
restriction on the site lighting and he will check out what restrictions there are. Mr. Cronin stated
changing it to 11:00 P.M. would be helpful to the Holiday station. Commissioner Arnst stated she would
support having consistent light dimming standards. Chair Geng and Commissioner Hasek expressed their
support for having consistent standards.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 1, 2011
Page 8 of 15
Commissioner Hutchins noted that sections 1 — 9 in Subd. I 1 of the ordinance have titles. He suggested
sections 10 — 11 be given titles also. He stated section 11 addresses two issues. One point is dynamic
display signs cannot be located closer than 100 feet from a residential zoning district. The second is 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. He stated Mr. Cronin's
proposed change to Section I 1 contains language saying "and intervening structures and other buffers".
Those things can change over time and that language can create too much opportunity for complaints. He
shared other's concerns that leaving it up to Staff to grant exceptions is not the way to go.
Commissioner Hasek asked if the church across the street from the Holiday station is located in a
residential zoning district, to which Director Nielsen responded yes. Nielsen noted that zoning district is
more than 100 feet away from the Holiday station; therefore, it doesn't impact Holiday.
Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public
Testimony portion of the Public Hearing at 8:22 P.M.
Commissioner Hutchins stated the word "be" should be inserted between the words "must instantaneous"
in section 4. He thanked Mr. Cronin for his efforts and for his working with the Planning Commission on
this over the last few months. It made the Commission's job easier. He stated this amendment needs to
apply to the entire City and all applications. He cautioned against focusing it on Holiday.
In response to a question from Commissioner Hasek, Director Nielsen explained in the provision that "a
dynamic display sign's image, or any portion thereof, may not change more often than once every 10
minutes, except ..." the 10 minute restriction is in the range of what other cities' ordinances have. Hasek
asked if there is any way to control different signs within the same vicinity from changing within the
same period thereby causing a blinking effect. Nielsen thought that would be difficult to do.
Commissioner Arnst recapped what she understood the outcome of this discussion to be. Some minor
changes were proposed by Commissioner Hutchins. There was agreement to change the nighttime static
display restriction start time to be consistent with the start time for the light dimming standards for the
Waterford Shopping Center and for CUB Foods. The remainder of the ordinance will remain as is. She
asked what else needs to be addressed.
Director Nielsen stated Holiday has requested a change to the provision that "Dynamic display signs may
occupy no more than 25% percent of the actual copy and graphic area." to increase it to 45 percent of the
sign but not more than 32 square feet. He stated a picture submitted this evening by Mr. Cronin confirms
for him that it should remain 25 percent because the majority of the sign was covered with advertising.
The primary reason for the sign is for identification not advertising. He noted that percentage varies a lot
in the ordinances reviewed.
Commissioner Hasek stated the 25 percent or some specific size is appropriate.
Hasek moved, Arnst seconded, recommending approval of the Zoning Code text amendment for
Dynamic Display Signs subject to the following changes to Section 1201.03 Solid. 11. b(2)(e): in (4)
insert the word "be" between the words "must instantaneous'; in (10) and (11) add a title; and in
(11) change the start time for the static display restriction to be consistent with the light dimming
standards for the shopping centers in the City. Motion passed 6/0.
Commissioner Hasek also thanked Mr. Cronin for all of his hard work on this.
Mr. Cronin reiterated his recommendation for light sensors to be made a requirement in the ordinance so a
sign can't go from 500 nits (candelas per square meter) to 5000 nits at the crack of dawn or so that it is
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 1, 2011
Page 9 of 15
not as bright on a grey day. Commissioner Hasek suggested Council Liaison Woodruff convey that to
Council. Woodruff stated Council prefers to receive a complete recommendation from the Planning
Commission, although Staff could bring this forward as something Staff thinks is reasonable to consider.
Woodruff suggested Staff do that.
There was consensus for Staff to bring Mr. Cronin's recommendation forward.
Chair Geng closed the Public Hearing at 8:37 P.M.
3. CITY CODE DISCUSSION — ANIMAL REGULATIONS (Except Dogs)
Director Nielsen noted the Planning Commission had been provided with a copy of third draft of
Ordinance Chapter 704 Farm and Other Animals. This draft includes the changes discussed by the
Planning Commission during its October 18, 2011, meeting. It does not address dogs because they are
addressed in Chapter 701 of the City Code.
He highlighted the changes made during the October I8`" meeting. They include the following.
➢ A definition for Nuisance Animal and it somewhat ties into the Nuisance Chapter of the City
Code.
➢ In the definition of wild animal the statement "Animals that can transmit rabies and cannot be
vaccinated against rabies, except domestic animals such as cows" was changed to `Animals that
can transmit rabies and cannot be vaccinated against rabies".
➢ `All animals - maintenance standards" was changed to "Maintenance standards".
➢ In 704.06 Subd. 2 the statement "Before commencing an action to enforce compliance with these
standards, enforcement personnel must give an owner notice of a violation and a reasonable
opportunity to comply." was replaced with "An action to enforce the provisions of this chapter
shall follow the procedures set forth in Chapter 104 of this Code.".
➢ In 704.06 Subd., 2(d) was added and it states `All feed kept for animals shall be stored in animal -
proof, galvanized containers."
➢ In 704.06 Subd. 3 was changed to read "Veterinary clinics with indoor overnight care and indoor
kennels. In addition to the standards established under Subd. 1. above, veterinary clinics with
indoor care and indoor kennels, where allowed by zoning, must comply with Minnesota Rules
Chapter 9100, as may be amended."
➢ All items under 704.06 Subd. 3 were deleted.
➢ Under 704.09 Subd. 2(a) "An urban farm animal must not be kept or maintained on the front yard
of the property, as defined by the Zoning Code." was changed to "An urban farm animal may
only be kept in the buildable area of the rear yard of the property, as defined by the
Zoning Code."
➢ Item 704.09 Subd. 2(i) Permit issuance; fees was added along with three items
underneath it.
Nielsen noted permit fees have not been discussed yet. He stated he will come up with a fee schedule.
Commissioner Arnst stated she wanted to be certain that a person will place their beehives closer to their
house than their neighbor's house. She expressed concern that the ordinance language may not ensure
that. Director Nielsen noted the language before the Commission states the location section must be
rewritten to address location, size standards and screening. Nielsen stated he did not think there should be
separate standards for chickens and beehives. Commissioner Davis stated there is a need for separate
standards. Amst noted there is a resident who puts their beehives in close proximity to someone's
swimming pool. Nielsen stated that is the special requirement that is yet to be defined.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900
FAX (952) 474.0128 • www.ci.shorewood.mmus • cityhaII@d.shorewood.mn,us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 27 October 2011
RE: Zoning Code Text Amendment — Dynamic Display Signs 3
FILE NO. Zoning Code (Chapter 1201.03 Subd. 11.)
Following are the revisions to previous drafts of the proposed amendments addressing
dynamic signs. The original revisions from the 14 September staff report are shown in red
type with deletions shown with sfrikeouts. Revisions suggested in the 28 September staff
report are shown in blue iN 1,e and 1-,Iuc 4txilt:
Section 1201.02
Add definition:
"SIGN— DYNAMIC DISPLAY. A signor 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."
Section 1201.03 Subd. 11.
Amend 1201.03 Subd. 11. b.(2)(c) to read:
"(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
06
PRINTED ON RECYCLED PAPER
Memorandum
Re: Zoning Text Amendment — Dynamic Display Signs
27 October 2011
re> ulated in section e. of this subdivision; Moving message Agn Y
anne And the like of a aena&eAising nature;
Add new paragraph e. (existing paragraphs e. and f. change to f. and g. respectively):
..e.. Dynamic Display Signs.
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l) Purpose. The purpose ol'this Section is to allow new technologies in
commercial si->iiage that allo%N messages to be easily updated, while -at the
saute time pr.\ cluing disu'actiou to motorists and minimizing \ isual
impacts of electronic si,nage kill residential propel1ies. The Cit% finds that
LI)natiiic displays should he alhi\\ed on sign~ but \kith significant Controls
to minimize their profileranion and their poicntial thread to public saletN
(2) Permitted Sign Type and Locations. Dynamic display signs are permitted
solely as free-standing signs and only in the Gl, General Commercial and
C-2. Commercial Service zoning districts. D,, n:unic displa\ signs shall Le
totaled no loser than 20 feet from a side int lin . The dynamic displax
portion of afreestanding sisn Shall he located at the bottom of the sign
face. Am' portion of a dynamic display sign that consists solely of an
eilphat-nuntetie message Shull not be counted in the alloy, able area for the
dbn:urlic display sign. pro\ ided the alpha -numeric message remains static
Inr no less than four hours at a time.
-2-
Memorandum
Re: Zoning Text Amendment — Dynamic Display Signs
27 October 2011
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.:Vphn-numeric institutional
si ins shall be limited lu'Cr squalc legit in area nna shall hz timed to rennin
static !'or i;o less that 9O minutes ;t a time.
(3) Duration of Image. A dynamic display sign's image, or any portion
thereof, may not change more often than once every to r!-lfta 10 minutes.
except one for which changes are necessary to correct hour -and -minute.
date, or temperature information and except as pm" ivied in t 21 abo,. e. A
display of time, date, or temperature must remain for at least 4n-,44i 10
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 musXristantaneous without any special
effects.
ue
(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 immediatelv
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 to brightness
standards:
(a) No dimarnic 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)
3
Memorandum
Re: Zoning Text Amendment — Dynamic Display Signs
27 October 2011
between dusk to dawn 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 a dimmer control or other
mechanism that 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
Citv'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.
�2.rd (10) 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) 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 hci hies must be programmed to
freeze the image between the hours of 10`.0 M. and 6:00 A.M.
This draft will be presented at the public hearing on 1 November,!
o emberrafter which it will be
forwarded to the City Council with any further revisions recommended by the Planning
Commission.
Cc: Brian Heck
Tim Keane
ME
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900
FAX (952) 474-0128 • www.ci.shorewood.mmus • cityhaIIGci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 29 September 2011
RE: Dynamic Display Signs — Responses to PC Issues
FILE NO. Zoning Code (Chapter 1201.03 Subd. 11.)
At our last meeting the Commission reviewed a first draft of language amending the Zoning
Code to allow/regulate dynamic display signs. Staff has attempted to address several issues
that were raised by Commissioners as follows:
1. Findings should be eliminated and changed to read:
"(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. Spacing on property and from other signs. We were not very successful in finding other
cities that specify how far apart dynamic display signs have to be from one another.
Minneapolis comes the closest with a requirement that a dynamic display sign cannot be
located on a lot smaller than 12,000 square feet in area. Shorewood doesn't have any
commercial property that small. Width -wise, the narrowest lots we could find were 80
feet.
It is suggested that the draft language include a setback requirement of 20 feet from the
side lot line for dynamic display signs. This correlates with the height of the sign and
would result in a minimum of 40 feet of spacing between signs on any two properties.
0 PRINTED ON RECYCLED PAPER
Memorandum
Re: Dynamic Display Sign Regulations
28 September 2011
3. We discussed the idea of addressing alpha -numeric signs separately. Two things are
suggested here: 1) any sign or portion of a sign with a strictly alpha -numeric message
would not be counted as dynamic if it remained static for a minimum of four hours; and
2) requirements for alpha -numeric signs in the residential districts (public and
institutional signs) will be separated out from commercial dynamic display signs.
These changes will address the case where a gas station may have a dynamic display and
gas price information. As long as the digital gas price information did not change more
frequently than four hours, it would not count against the dynamic display area.
It will also allow public and institutional message boards to be larger than 25 percent of
the total freestanding sign area.
4. The interval for time and temperature messages will be increased to 60 seconds.
5. A provision will be added specifying that the dynamic display portion of the sign will be
at the bottom.
These changes will be discussed at the meeting on Tuesday night, and if found acceptable
will be incorporated into a public hearing draft.
Cc: Brian Heck
Tim Keane
-2-
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900
FAX (952) 474.0128 • www.cl.shorewood.mmus • cityhallOci.shorewood.mmus
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 14 September 2011
RE: Zoning Code Text Amendment — Dynamic Display Signs
FILE NO. Zoning Code (Chapter 1201.03 Subd. 11.)
At the last Commission meeting staff we discussed a number of issues associated with the
topic of "dynamic signs", signs that change messages electronically. Following is draft
language for a Zoning Code text amendment based on the Commission's previous
discussions:
(Additions are shown in red type and deletions are shown with stfikeauts)
Section 1201.02
Add definition:
"SIGN—DYNAWCDISPLAY. A signor 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."
Section 1201.03 Subd. 11.
Amend 1201.03 Subd. 11. b.(2)(c) to read:
n•
Ca PRINTED ON RECYCLED PAPER
Memorandum
Re: Zoning Text Amendment — Dynamic Display Signs
14 September 2011
"(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 section e. of this subdivision; Moving message type signs met), be
p�.tea-n�-m.-�...,Y...,......_.. .............. »b_ ,..,...... r........ - -._..,, ,....,.._
an ,.nts and the lake of.... ...,dyei4isi.g nature;'
Add new paragraph e. (existing paragraphs e. and f. change to f. and g. respectively):
"e.. Dynamic Display Signs.
(1) Findings. Studies show that there is a correlation between dynamic
displays on signs and the distraction of highway drivers. Distraction can
lead to traffic accidents. Drivers can be distracted not only by a changing
message, but also by knowing that the sign has a changing message.
Drivers may watch a sign waiting for the next change to occur.
Additionally, drivers are more distracted by special effects used to change
the message, such as fade-ins and fade-outs. Time and temperature signs
appear to be an exception to these concerns because the messages are
short, easily absorbed, and become inaccurate without frequent changes.
Despite these public safety concerns, there is merit to allowing new
technologies to easily update messages. Except as prohibited by state or
federal law, sign owners should have the opportunity to use these
technologies with certain restrictions. The restrictions are intended to
minimize potential driver distraction and to minimize proliferation in
residential districts where signs can adversely impact residential character.
The City finds that dynamic displays should be allowed on signs but with
significant controls to minimize their proliferation and their potential
threats to public safety.
(2) Permitted Sign Type and Locations. 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. 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.
(3) Duration of Image. A dynamic display sign's image, or any portion
thereof, may not change more often than once every ten (10) minutes,
except one for which changes are necessary to correct hour -and -minute,
date, or temperature information. A display of time, date, or temperature
must remain for at least ten (10) minutes before changing to a different
display, but the time, date, or temperature information itself may change
no more often than once every three (3) seconds.
-2-
Memorandum
Re: Zoning Text Amendment — Dynamic Display Signs
14 September 2011
(4) Transition. If a dynamic display sign's image or any portion thereof
changes, the change sequence must 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 dusk to dawn 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 a dimmer control or other
mechanism that 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.
-3-
Memorandum
Re: Zoning Text Amendment — Dynamic Display Signs
14 September 2011
(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) 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) 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.
This draft will be discussed at the Planning Commission meeting on 20 September, after
which a final draft will be scheduled for a formal public hearing.
Cc: Brian Heck
Tim Keane
0