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Staff ReportsCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 Phone: (952) 960-7900 • FAX: (952) 474-0128 • Email: planning@ci.shorewood.mn.us PLANNING AND PROTECTIVE INSPECTIONS MEMORANDUM TO: Planning Commission FROM: Brad Nielsen DATE: 1 February 2013 RE: Zoning Discussion — General Provisions — Section 1201.03 Subd. 10.- Subd.21. FILE NO. Zoning Code—1201.03 The 2013 Planning Commission Work Program includes a wrap-up of the review of the General Provisions section of the Zoning Code. Attached for your review is Subd. 10 through 21. While these subdivisions cover a lot of material, it is worth noting that the "Signs" section (Subd. 11.) has been reviewed quite thoroughly over the past couple of years. Also, Subd. 20. — Elderly Housing — will be taken on as a separate study of its own a little later this year. Cc: Debbie Siakel 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 Subd. 10. Essential services. a. Purpose. The purpose of this subdivision is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines and substations in a manner that the health, safety and welfare of the city will not be adversely affected. Essential services should also be installed in cognizance of existing and projected demands for the services. b. Special permit. All underground telephone lines, pipelines for local distribution, underground electric transmission lines and overhead electric transmission lines and substations less than 33 KV, when installed in any public right-of-way in any zoning district, shall require a special permit approved by the City Engineer. C. Requirements for special permit. All underground telephone lines, pipelines for local distribution, underground electric transmission lines and overhead electric transmission lines less than 33 KV, which are intended to serve more than one parcel and are proposed to be installed at locations other than in public rights -of - way, shall require a special permit issued by the city after approval by the City Engineer. Approval by the City Engineer shall be based upon the information famished in the following procedural requirements: (1) Prior to the installation of any of the previous essential services, the owner of the service shall file with the Zoning Administrator all maps and other pertinent information as deemed necessary for the City Engineer to review the proposed project; (2) The Zoning Administrator shall transmit the map(s) and accompanying information to the City Engineer for his or her review and approval regarding the projectis relationship to the Comprehensive Plan and/or ordinances and parts thereof; (3) The City Engineer shall report in writing to the Zoning Administrator his or her findings as to the compliance of the proposed project with the Comprehensive Plan and ordinances of the city; (4) In considering applications for the placement of essential services, as regulated in this section, the aforesaid city staff shall consider the effect of the proposed project upon the health, safety and general welfare of the city, as existing and as anticipated and the effect of the proposed project upon the Comprehensive Plan; (5) Upon receiving the approval of the City Engineer, the Zoning Administrator shall issue a special permit for the installation and operation of the applicants essential services. If the Engineeras report recommends the denial of the permit causing the Zoning Administrator to deny its 1201-60 1201.03 Zoning Regulations 1201.03 issuance, the applicant may appeal the decision to the Board of Appeals and Adjustments under the rules and procedures as set forth in .1201.05 of this chapter. d. Requirements for conditional use. All transmission pipelines (i.e. pipelines not required for local distributing network) and overhead transmission and substation lines in excess of 33 KV shall be a conditional use in all districts subject to the following procedural requirements: (1) Prior to the installation of any of the previous essential services, the owner of the services shall file with the Zoning Administrator, all maps and other pertinent information as deemed necessary for the City Council to review the proposed project; (2) The Zoning Administrator shall transmit the map and accompanying information to the City Council for its review regarding the projectes relationship to the Comprehensive Plan and parts thereof. A part of this review shall be a written report from the City Engineer; (3) The City Council shall hold the necessary public hearings as prescribed by this chapter for conditional uses; (4) In considering the applications for the placement of essential services, as regulated by this subdivision, the City Council shall consider the advice and recommendations of the city staff and the effect of the proposed project upon the health, safety and general welfare of the city, existing and anticipated and the effect of the proposed project upon the Comprehensive Plan. Subd.11. Signs. a. Purpose. This subdivision is established to protect and promote health, safety, general welfare and order within the City of Shorewood through the establishment of a comprehensive and impartial set of standards, regulations and procedures governing the type, numbers, size, structure, location, height, lighting, erection, use and/or display of devices, signs or symbols serving as a visual communication media to persons situated within or upon public rights -of - way or properties. The provisions of this subdivision are intended to encourage opportunity for effective, orderly communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate use of communication facilities. 1201-61 2011 S-6 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 b. Permitted and prohibited signs. (1) Permitted signs. The following signs are allowed without a permit, but shall comply with all other applicable provisions of this chapter: (a) Public signs; (b) Address signs; (c) Integral signs; (d) Every campaign sign must contain the name and address of persons responsible for the sign, and that person shall be responsible for its removal. Signs shall be permitted on each lot for a period of 100 days prior to and ten days after an election. All campaign signs or other noncommercial speech signs may be posted from 46 days before the state primary in a state general election year until ten days following the state general election, pursuant to M.S. •21113.045. Signs posted both during and after this time period are subject to all other applicable requirements in this subdivision. At any time, the city shall have the right to remove signs that are prohibited under this subdivision, and assess a fee as provided from time to time by ordinance. Campaign signs or other noncommercial speech signs shall not be located closer than ten feet from any street surface, and shall not be placed in front of any property without the consent of the property owner; (e) Holiday signs, displayed for a period not to exceed 30 days and no larger than 32 square feet in area; (f) Construction signs. The signs shall be confined to the site of the construction, alteration or repair and shall be removed within two years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the City Building Official or his or her agent. One sign shall be permitted for each major street the project abuts. No sign may exceed 50 square feet; (g) Real estate sale or rental signs. Signs must be removed within 14 days after sale or rental of property. Signs may not measure more 1201-62 2011 S-6 1201.03 Zoning Regulations 1201.03 than six square feet in Residential Districts, nor more than 20 square feet in all other districts. There shall be only one sign per premises. Comer properties, however, may contain two signs, one per frontage. Lakeshore lots may contain two signs, one in the front and one facing the lake; (h) Informational/directional signs shall not be larger than three square feet and shall conform to the location provisions of the specific district; (i) Owner -occupant signs. One residential name sign, not to exceed two square feet in area, identifying only the name of the owner or occupant of a residential building. (2) Prohibited signs. The following signs are specifically prohibited by this chapter: 1201-62A 2011 S-6 1201.03 2012 S-7 Zoning Regulations 1201.03 (a) Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic -control device; (b) Any sign which contains or imitates an official traffic sign or signal, except for private, on -premises directional signs; (c) Any sign which moves, rotates, has any moving parts or gives the illusion of motion, except for time and temperature information and dynamic display signs as regulated in g. of this subdivision; (d) Except for holiday signs and exceptions provided in provision c.(4) below, any sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices; (e) Portable signs (except as provided in provision c.(4) below); (f) Signs which are attached in any manner to trees, fences, utility poles or other permanent supports; (g) No sign shall be illuminated with any flashing or intermittent lights, nor shall it be animated, except for time and temperature information. All displays shall be shielded to prevent any light to be directed at on -coming traffic in the brilliance as to impair the vision of any driver. No device shall be illuminated in a manner as to interfere with or obscure an official traffic sign or signal. No light shall be directed onto a lake so as to interfere with navigation thereon; (h) Roof signs. (i) Window signs where the total area of such signs exceeds 10% of the total glass area of the window space as viewed from the street, to a maximum of 20 square feet. C. General provisions. (1) All signs shall comply with the Minnesota State Building Code as may be amended. (2) When electrical signs are installed, the installation shall be subject to the State Building Code as may be amended. 1201-63 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (3) No portion of any sign shall be located within five feet of any property line. No signs other than governmental signs and political campaign signs as provided in b.(1)(d) of this subdivision shall be erected or temporarily placed within any street right-of-way or upon public lands or easements or rights -of -way. Any unauthorized signs located in public right-of-way or on public property shall be considered abandoned and are subject to immediate removal and disposal without notice. (4) Temporary signs. (a) The temporary use of signs, searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12-month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign. (b) A conditional use permit may be granted to nonprofit athletic associations, contracted with the city pursuant to Section 902.06 of this code, for the display of temporary business sponsorship signs to be placed on certain ball field fences on public property, provided that: (i) A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for its use; (ii) Signs may be displayed only in a community park, as defined in the Shorewood Comprehensive Plan; (iii) Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties; (iv) All signs must be professionally made, using durable weather resistant material, painted or colored dark green on the back side of the sign; 1201-64 2010 S-5 1201.03 Zoning Regulations 1201.03 (v) Signs are limited in size to no larger than 42 inches in height and seven feet in length; (vi) There shall be a minimum spacing between signs of seven feet; (vii) The maximum number of signs per ball field is 15; (viii) The nonprofit athletic association is responsible for maintaining the signs in good repair. If a sign become detached, torn, or vandalized, the association must repair or replace them immediately or the sign will be summarily removed by the city; (ix) The nonprofit athletic association is responsible for any damage to the fence on which it is displayed that is caused by installation or display of the sign; (x) The conditional use permit is subject to review and recommendation by the Shorewood Park Commission; (xi) The nonprofit athletic association must obtain an annual license from the city and enter into a license agreement setting forth the conditions of approval and the duration of the approval. The association shall pay an annual license fee as established by the City Council from time to time. The association shall have no vested right in obtaining licenses from season to season; and (xii) It shall be the responsibility of the nonprofit athletic association to obtain a temporary sign permit for each sign to be displayed on ball field fences, prior to erecting the sign. (5) No sign or sign structure shall protrude over a public right-of-way. (6) All signs which require a permit shall display, in a conspicuous manner, the ownerAs name, permit number and date the sign was erected. (7) All height restrictions on signs shall include height of sign structure and be measured from lot grade. 1201-64A 2010 S-5 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (8) In the case of a two-faced, freestanding sign, where the two faces of the sign are parallel and face in opposite directions, only one face shall be used in computing the allowable area of the sign. (9) Any sign now or hereafter existing which no longer advertises or identifies a business conducted, service rendered or product sold on the premises shall be removed by the owner, agent or person having the beneficial use or control of the building or structure upon which the sign may be found within 60 days from the date of vacancy. (10) The regulations contained herein shall not apply to traffic signs or the flag, separate emblem, or insignia of a nation, political unit, school or religious group, or integral signs. There shall be no more than one United States flag and no ore than three other non-commercial flags. Nor shall these regulations pertain to a sign inside a building, provided the sign is at least three feet in back of the inside of the exterior wall and is readable from the inside of the building. 1201-64B 2010 S-5 1201.03 Zoning Regulations 1201.03 Q 2006 S-1 (11) All signs requiring a permit from the city shall be subject to review and approval by the Zoning Administrator. Nonconforming signs. (1) The following are nonconforming signs: (a) Prohibited signs; (b) All other signs not prohibited that do not conform to the provisions of this chapter; (c) Billboards and advertising signs (except as provided in provision e.(3)(b) of this subdivision). (2) Except as provided in paragraph (5) below, all nonconforming and prohibited signs created by this chapter except those signs exempted by state statutes (M.S. • 462.357, subd. 1 c) shall be removed or brought into conformity with this chapter within the following time periods: (a) Any sign in violation of prohibited signs: six months from the date of the enactment of this chapter; (b) All other nonconforming signs: upon approval of any building permit, sign permit, or other zoning action. (3) A nonconforming sign may not be: (a) Changed to another nonconforming sign; (b) Structurally altered except to bring into compliance with the provisions of this chapter; (c) Expanded; (d) Reestablished after its removal; (e) Reestablished after damage of more than 50% of sign replacement cost except to bring into compliance. (4) Nothing in this subdivision shall be construed as relieving the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this subdivision regarding safety, maintenance and repair of signs contained in subdivision 1201-65 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 I Ic; provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status. (5) Notwithstanding provisions to the contrary within this subdivision, nonconforming off site directional signs located on public rights -of -way may continue upon a finding by the City Council that: (a) The sign is reasonably necessary to provide direction to the business which is advertised by the sign; (b) The sign (or a substantially similar predecessor) has been at the location for at least 20 years; (c) The sign has not represented a safety hazard or an obstruction to ordinary roadway maintenance activities. (6) The Council may condition the permission upon the owner of the establishment entering into an agreement with the city addressing matters, including liability, indemnity of the city, circumstances calling for removal of the sign, permit fees and other matters deemed appropriate by the city. (7) In lieu of permitting the existing sign to remain at its existing location the City Council may authorize the location of a substitute sign in the existing location or a different location. e. District regulations. The following sign standards by zoning district pertain to signs which require application and permit. (1) R-IA through R-3B Residential Districts. (a) Area identification signs (monument type only). One sign facing each bordering street shall be allowed for each development of 20 or more units. The sign shall not exceed 32 square feet in area, nor shall the sign structure exceed one-half of the allowable copy area. The signs shall be erected only at the dedicated street entrance, but not in the public right-of-way, may be indirectly illuminated and shall not exceed a height of eight feet above grade. (b) Institution signs. One freestanding sign not to exceed 20 square feet in area. The freestanding sign may be indirectly illuminated and shall not exceed a height of eight feet above grade. Freestanding signs located adjacent to intermediate or minor 1201-66 1201.03 Zoning Regulations 1201.03 arterial streets, as identified in the Shorewood Comprehensive Plan, may be internally lit. In addition, one wall sign may be allowed by conditional use permit, subject to the following: (i) The total area of signage, including the wall sign, shall not exceed 5% of the building silhouette as viewed from the street; (ii) The wall sign may be indirectly illuminated. (c) Park identification signs. One sign facing each bordering street. The sign shall not exceed 20 square feet in area nor eight feet in height. The signs may be indirectly illuminated. (d) Subdivision plat signs. No more than two temporary signs advertising a new subdivision plat, provided each sign does not exceed 32 square feet in area, identifying only the plat in which they are located, are nonilluminated and are erected only at dedicated street entrances to the plat. The signs shall be removed if construction of subdivision improvements is not in progress on the plat within 60 days following the date of the sign erection or as soon as 80% of the lots are developed and sold. (2) R-C Residential/Commercial. Subject to other conditions of this chapter, the following signs shall be allowed in the R-C District: (a) Signs are regulated in e.(1) above; (b) Business signs in the R-C Districts shall be subject to the requirements of 91201.19 Subd. 8.d. of this code. 1201-67 2007 S-2 Repl. 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (3) C-1 and C-2 Commercial Districts. Subject to other conditions of this chapter, the following signs shall be allowed in the C-1 and C-2 Districts. (a) Business signs. (i) The maximum number of signs for any principal building shall be three except by conditional use as provided in (e) below. The maximum total area for all signs shall be determined by taking 10% of the gross silhouette area of the front of the building. Where the principal building is on a corner lot and thus faces two public streets, both sides maybe counted. (ii) For purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the front lot line or from the related public street(s). (iii) Each lot will be allowed only one freestanding sign except as provided in (c) below. (b) Advertising signs. Advertising signs are allowed, provided the number and size of the signs shall be subtracted from the allowable number and size of allowable business signs provided in (a) above. In no case shall the area of advertising signs exceed 25% of the total allowable sign area. (c) Conditional uses. In the case of a shopping center or where there are two or more business uses, a conditional use permit may be granted to the entire shopping center in accordance with an overall site and signage plan indicating the size, location and height of all signs. A maximum of 10% of the gross area of the building silhouette shall apply to the principal building where aggregate allowable sign area is distributed among the several businesses. In the case of applying this conditional use permit to a shopping center, the shopping center may have two freestanding signs identifying the shopping center. 1201-68 2007 S-2 Repl.