HomeMy WebLinkAbout07.09.02 Planning Packet
A Proud Past - A Promising 1II11,e
C'Ommitted t'O Pr'Oviding High ity,
Timely and Responsive Service '0 All
Of Our Cust'Omers
City ofF4tmington
325 Oak $treet
Fatmingt~n, MN 55024
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AGENDA
REGULAR PLANNING CO
July 9, 200
7:00 P.M.
CITY COUNCIL C
SSION MEETING
;:~
ERS
CALL TO ORDER
1.
APPROVAL OF MINUTES
2.
a)
b)
April 23, 2002
May 14,2002
c)
June 11, 2002
PUBLIC HEARINGS
3.
Encroach 6.42 feet into required sideyard setback with 48.foo amateur radio tower
(Continued Public Hearing)
a)
.
Applicant: William Transue, 18311 Elm Tree Circle
Conditional Use Permit: Extraction, Grading and Mineral Ex ction - Helen M. Huber Property
b)
Applicant: Friedges Landscaping, Inc.
c) Amend 2020 Comprehensive Plan / Rezone Certain Properties
213 81h Street
301 Main Street
305 Main Street
Properties:
4. DISCUSSION
a) Hotel(s) in the Industrial Park
b) Sign Ordinance
;i
5. ADJOURN
Dirk Rotty, Todd Larson, Chaz Johnson, Ben B ker, Bob Heman
_Janning Commissioners:
City Staff:
Kevin Carroll, CollltdUllity Development Di r
..Lee Smick, PJanningCoordinator
Michael Schultz, Associate Planner
/
This is a petition showing the support for keeping the stretch along Oak St. behind the
hospital an R-2 zoning instead of rezoning as an R-3.
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Planning Commission
Minutes
Regular Meeting
May 14, 2002
1.
Chair Rotty called the meeting to order at 7:00 P.M.
Members Present: Rotty, Larson (arrived late), Barker, Johnson and Heman
Membersi\bsent:~one
i\lso Present: Kevin Carroll, Community Development Director; Lee Smick, Planning
Coordinator and Michael Schultz, i\ssociate Planner; Jim Bell, Parks & Recreation
Director
Chairman Rotty called the meeting to order at 7:00 P.M.
2. Chairman Rotty requested any comments on the March 12, 2002 as submitted. There
were none. MOTION by Johnson, second by Barker. APIF, MOTION CARRIED.
3. Chairman Rotty requested any comments on the March 26, 2002 as submitted. There
were none. MOTION by Barker, second by Johnson. APIF, MOTION CARRIED.
Chairman Rotty opened all three scheduled public hearings at this time. Rotty requested if a
discussion item could moved to the front of the agenda. The Commission agreed.
4.
Chair Rotty introduced for discussion the issue involving maximum lot coverage
concerning the addition of a pool to the property located at 18627 Everest Path.
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i\ssociate Planner Schultz presented the Commission a brief report. Schultz indicated
that the City Code allows a maximum of25% lot coverage within an R-I zoning district.
Schultz stated that staff calculates all building structures as part of the lot coverage,
including pools. Planner Schultz added that he surveyed other south metro communities
and found that many cities do not have maximum coverage guidelines for residential
areas, but some others do but do not include pools as part of the calculations. Schultz
stated that staff would not be in favor of a variance but would review the possibility of
removing pools from lot coverage calculations.
Chairman Rotty asked Mr. Van Winkle if he had anything to add. Mr. Van Winkle stated
that he is prepared to file for a variance if necessary but was under the assumption that
the City had a higher lot coverage calculation.
Chair Rotty stated that the maximum lot cover calculation must be kept in place but
recommended staff to review the policy to what type of structures are included in that
calculation. Rotty asked if the Commission agreed. The Commission agreed with the
recommendation.
5.
Chairman Rotty introduced the public hearing for the Giles i\ddition Preliminary Plat for
Tim Giles ofTC Construction.
.
i\ssociate Planner Schultz reported to the Commission that a number of outstanding
issues still exist with the proposed plat, many of which are engineering related. Schultz
informed the Commission that the applicant is seeking to revise the plat application to
include both the preliminary and final plat. Schultz stated that staff is recommending to
Planning Commission Minutes
Regular Meeting
May 14, 2002
continue the public hearing in order to allow the developer time to revise both the plat .
application and plat information.
Chairman Rotty asked if there were any public questions or comments on this matter
since the public hearing was advertised. There were none.
Chairman Rotty asked if the Commission was comfortable reviewing both the
preliminary and final plat simultaneously. Commissioners Johnson, Barker and Heman
were comfortable reviewing both plats. Commissioner Johnson reiterated his concern
over the park location and traffic.
Parks & Recreation Director Bell stated that the Park Commission has reviewed the plat
several times and have determined that the proposed location is the best spot for tot lot
within the plat. Bell reminded the Commission that the City has a number of parks that
front along major collectors and two along Pilot Knob Road. The Parks Commission has
requested that a sidewalk be installed on the east side of English Ave and that two
warning signs be installed also.
Commissioner Barker asked if staff could review the lighting situation at 190th Street and
English Ave. Commissioner Barker asked if screening or a fence be installed along
English Ave for additional safety purposes. Park Director Bell replied that it was Park
Commission's policy not to fence parks in and that it was cost prohibitive for the City.
MOTION by Johnson, second by Heman to continue the public hearing to the June 11,
2002 Commission meeting. APIF, MOTION CARRIED.
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6.
Chairman Rotty introduced the scheduled public hearing for the Middle Creek East
Preliminary Plat (Middle Creek PUD) for DR Horton and Arcon Development.
Planning Coordinator Smick presented the staff report.
Smick reported that staff has been working with the developer on several issues involving
park dedication and road connections. Smick stated that park issue involves the access to
the park space already dedicated in the southern portion of the development. The road
issues involve the connection of 203rd Street to the east and the road connection to the
south (future Eastview Ave) onto 20Sth Street.
Planner Smick reported on the proposed road design involving 203rd Street, indicating
that the road is proposed to narrow in the location of Mr. McCarthy's property due to the
issues involving the road easement and the encroachment of the house. Smick added that
the road would then be upgraded at the time when Mr. McCarthy's property would
develop.
Chair Rotty asked the applicant if they had any additional comments to the staff report.
Larry Frank, Arcon Development, stated that they agreed with everything in the staff
report except for the third contingency (for approval) of connecting to 20Sth Street. Frank
stated that they did not own the property to make that connection and was not part of the
PUD plan. Frank added that DR Horton and Arcon Development would object to the
third contingency as part of the approval.
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Planning Commission Minutes
Regular Meeting
May 14,2002
Chairman Rotty asked if there were any questions or comments from the public.
DaD McCarthy, 5014 203rd Street W., asked how close the grading would occur to his
home. Keith Willenbring, Probe Engineering, responded that there would be a retaining
wall next to the sidewalk and that grading would occur up to the house in order to match
the grades for the wall.
Chair Rotty asked how far the retaining wall would be from the house. Mr. Willenbring
replied that it would be 9 feet from the house and about 19 feet from the back of curb.
Mr. McCarthy asked if a trust fund would be set up for the possible disturbance of the
oak trees on the property. Chair Rotty asked staff if that had been considered. Planner
Smick replied that she would note that and discuss it with staff.
Mr. McCarthy voiced concern about the safety issues involved with the narrowing of the
street. Mr. McCarthy also asked about what affect development might have on his
private well system.
Mike McClain, 20390 Eaves Way, voiced concern about the proposed grading plan,
adding that he had been approached by DR Horton to lower the grade on his property and
requested a plan be submitted for review.
Larry Frank responded by stating that Don Patton, DR Horton, would need to respond to
the grading issue but did not see an issue with drawing up a restoration plan.
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Mr. McClain asked when development construction would begin. Larry Frank
anticipated grading in the fall but would need to address issues with Mr. McClain.
Chairman Rotty asked if there were any other public testimony. There were none. Rotty
asked if there were any questions or comments from the Commission.
Commissioner Johnson asked how the City could force the developer to complete the
208th Street connection when the developer does not own the land. Planner Smick replied
that the City is negotiating with the property owner and the developer on the issue and
plan to the issue resolved (before final plat approval).
Commissioner Heman voiced concern over the proposed road design of 20300 Street.
Planner Smick replied that there is grade issues if the road is moved to the north adding
that staff and the developer's engineer have reviewed all options. Larry Frank added that
at least five other designs have been considered and every design would affect either
property owner (to the north or south). Frank pointed out the issues involving the
encroachment of Mr. McCarthy's house into the 80-foot road easement as the biggest
difficulty in the roa~ design.
Chairman Rotty stated that if the Commission believed the plat and the design of the
roadway were unsafe, the plat should not be forwarded to the City Council.
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Larry Frank requested that the Commission take action on the plat in order to allow the
developer to take care of the issues involving the design of 203rd Street and 208th Street
legally. Mr. Frank added that he feels the City is responsible for alleviating the problems
(involved with both 203rd and 208th Streets).
Planning Commission Minutes
Regular Meeting
May 14, 2002
The Commission and staff discussed the actions available concerning the plat.
.
MOTION by Johnson, second by Heman to close the public hearing. APIF, MOTION
CARRIED. MOTION by Barker, second by Johnson to forward a recommendation of
denial to the City Council of the Middle Creek East Preliminary Plat. APIF, MOTION
CARRIED.
7. Chairman Rotty introduced the variance application from Pellicci Ace Hardware to locate
a 24' x 4' propane tank three feet from the property line.
Planner Smick presented the staff report. Smick stated that the State Fire Code requires
propone tanks (of that size) to be located 25' from buildings and 25' from property lines.
Smick stated that the area adjacent to the west property line is planned to be dedicated to
the City as park space. Planner Smick stated that the City Engineer is willing to negotiate
an Encroachment Agreement with the property owner.
Chairman Rotty asked if the applicants had anything to add to the staff report. They did
not. Rotty asked if there were any questions or comments from the public. There were
none.
Rotty asked if there were any questions or comments from the Commission.
Commissioner Heman asked why staff was requesting to screen the proposed tank when
the existing tank in its location is not currently screened. Smick replied that the proposed
tank would be adjacent to a City park. Chairman Rotty asked if the applicant had any
issues with construction of a fence. They replied that they did not.
.
MOTION by Johnson, second by Heman to close the public hearing. APIF, MOTION
CARRIED. MOTION by Johnson, second by Heman to approve a 22-foot
encroachment for the placement of a 24' x 4' propane tank contingent upon the
following:
i. A 6-foot high opaque solid wood fence or masonry wall is required to screen the
propane tank on three sides.
11. The property owner's enter into an Encroachment Agreement with the City
locating the tank in the 5-foot drainage and utility easement.
APIF, MOTION CARRIED.
8. Chairman Rotty introduced the Meadow Creek 2nd Addition Final Plat for Progress Land
Company.
Planning Coordinator Smick presented the staff report. Smick stated that the proposed
plat is a continuation of the single-family development of the Meadow Creek plat and
would involve 127 single-family lots. Smick stated that the only platting issue involves
moving the rear property line on Lots I & 2, Block I five-feet off the centerline of the
gas line.
Chairman Rotty asked if there were any questions or comments from the public. There
were none.
Chairman Rotty asked if there were any questions or comments from the Commission.
Commissioner Johnson asked if the lots affected by the property line move would still
.
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Planning Commission Minutes
Regular Meeting
May 14, 2002
meeting the minimum lot requirement (10,000 sq. ft.). Smick stated that the lots would
need to meet the minimum requirement.
Mike Olson, Progress Land Company, stated that their surveyor has gained an easement
confinement agreement with Williams Pipeline. Mr. Olson added that the confinement
agreement should be sufficient and that the property line should not have to be moved.
Chair Rotty asked staff if this agreement would be sufficient. Community Development
Director Carroll asked if staff could receive a copy of the agreement. Mr. Olson agreed
that a copy could be forwarded to staff. The Commission agreed to add language within
the contingency to reflect the discussion.
(Commissioner Larson arrived to the meeting at this time)
Chair Rotty asked if the Commission had any additional questions. Commissioner
Heman clarified the direction in the contingency from southwest to southeast. Staff noted
correction. Commissioner Larson asked if there were any major grading issues. Smick
replied that there were only minor grading and engineering issues involved.
MOTION by Johnson, second by to contingent upon the following
i. The rear property line in Lot I and 2, Block I be relocated 5-feet to the southeast
of the centerline of the gas pipe or the Developer submit a confinement
agreement from Williams Pipeline to be reviewed by staff;
11. Minor engineering issues need to be addressed and approval of construction
plans for grading, storm water and utilities by the Engineering Division needs to
be granted.
APIF, MOTION CARRIED.
9.
Chairman Rotty introduced the sketch plan of the former St. Michael's Church property,
for the applicants Colin Garvey and Pete Elvestad, Farmington Development
Corporation.
Associate Planner Schultz presented the staff report. Schultz indicated that this review is
new requirement as part of the new Zoning Code. Planner Schultz continued by outlining
the developer's proposed townhome development.
Chairman Rotty asked if the applicant had anything to add to the staff report.
Pete Elvestad, Farmington Development Corporation, stated that the plan was stay with
the same design and floor plan because of the popularity of their Oak Street Townhome
development. Mr. Elvestad stated that that development was not specifically marketed
toward the elderly but became the primary buyers. Mr. Elvestad added that adding a two-
story townhome would cause a conflict (with the type of future homeowners).
Chair Rotty asked if there were any comments from the Commission.
Commissioner Larson commented that he thought the proposed development would work
in that neighborhood. Adding that the single-level product would be popular for elderly.
Voiced concern if the City would be consistent its review with other projects in
requesting that two-levels be part of the design.
Planning Commission Minutes
Regular Meeting
May 14, 2002
Planner Schultz replied that the proposals by staff are suggestions that would hopefully
not only benefit the developer but also appease the surrounding property owners.
.
Commissioner Larson asked if the City has received any complaints about the appearance
of the Oak Street Townhomes. Planner Schultz replied that not since its completion but
during the initial proposal there were some resident concerns of the townhomes blending
in with the neighborhood.
Commissioner Larson and staff continued to discuss the aesthetics and design of the
proposed development.
Commissioner Heman stated that supported the concept but requested that the location of
some of the driveways be reviewed for safety purposes.
Commissioner Barker stated that he would be favor of the design concept but requested
that the developer review the possibility of moving the garages back or the house portion
forward.
Commissioner Johnson stated that he would support the concept plan.
Chairman Rotty stated that the Commission appears to be in favor of the proposed
concept that the Commission would not mandate incorporating two-level units and that
the concept would not stand out from the existing neighborhood.
10.
Planning Coordinator informed the Commission that the City Council approved a Joint
City Council/Planning Commission meeting on May 28, 2002 to discuss on number of
planning related issues.
.
11. Chairman Rotty asked if there were any addition items to be addressed from either the
Commission or staff. There were none. The Commission agreed to adjourn at this time.
Respectfully Submitted,
Michael Schultz
Associate Planner
Approved
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Planning Commission
Minutes
Regular Meeting
June 11, 2002
1.
Chair Rotty called the meeting to order at 7:00 P.M.
MemberslPresent: Rotty, Larson, Barker, Johnson and Heman
Members Absent: None
Also Present: Kevin Carroll, Community Development Director; Lee Smick, Planning
Coordinator and Michael Schultz, Associate Planner
Chairman Rotty called the meeting to order at 7:00 P.M.
2. Chairman Rotty requested any comments on the April 9, 2002 as submitted. There were
none. MOTION by Johnson, second by Barker. YES: Rotty, Larson, Barker,
Johnson; NO: None; ABSTAIN: Heman. MOTION CARRIED.
Chairman Rotty opened all eight scheduled public hearings at this time.
3.
Chairman Rotty introduced the continued public hearing of the Giles Addition
Preliminary Plat.
.
Associate Planner Schultz presented the staff report. Schultz stated that several planning
issues need to be addressed that include the name of the plat, a Giles Addition plat
already is on file at Dakota County. Schultz added that landscaping and the timing of the
construction of the fence along Pilot Knob Road be addressed in the Development
Contract.
Chairman Rotty asked Russ Damlo, Probe Engineering, if he had anything to add to the
staff report. Mr. Damlo stated that they are currently addressing the comments outlined
by the City Engineering Division and the change of the name of the plat has also been
considered.
Commissioner Barker asked if the lighting issue at 190th Street and English Ave been
addressed. Mr. Damlo stated that he wasn't aware of the issue. Rotty stated that the
issue could be addressed during in the Commission comments.
Chair Rotty asked if there were any questions or comments from the public. There were
none.
Commissioner Larson asked if the Developer had any issues with the landscaping or the
construction of the fence. Staff replied that the Developer has not voiced any opposition
to the proposals.
Chair Rotty reiterated the situation of the lighting at 190th Street and English Ave. Rotty
also requested if the Engineering Division and Police Chief could review the road
striping of the intersection stating that it could be confusing (for some motorists).
.
MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION
CARRIED. MOTION by Larson, second by Johnson to forward a recommendation of
approval to the City Council contingent upon the following:
.
1. The plat be re-titled to a name that is not registered with the Dakota County Plat
Office;
11. Issues relating to the timing of the construction of the (sound barrier) fence be
included in the Developer's Agreement;
111. Address any issues by the City Engineering Division;
lV. Preparation, approval and execution of a Development Contract for Farmington
Acres;
v. Submittal by the Developer of all documents, security, and fees required under
the Development Contract;
v!. Approval of the construction plans for grading, storm water and utilities by the
Engineering Division;
V11. Addition of street light at intersection of 190th Street and English Ave.
APIF, MOTION CARRIED
4. Chairman Rotty introduced the Comprehensive Plan Amendment for the southern portion
of the Trinity Hospital Property.
Planning Coordinator Smick presented the staff report. Smick indicated the proposed
amendment was a result of the April 23, 2002 Planning Commission meeting with the
residents from the East Farmington development were opposed to the proposed rezoning
of the property.
.
Chairman Rotty asked if there were any questions or comments from the public. There
were none.
Rotty requested any questions or comments from the Commission. There were none.
MOTION by Barker, second by Johnson to close the public hearing. APIF, MOTION
CARRIED. MOTION by Johnson, second by Heman to forward a recommendation of
approval to the City Council to amend the 2020 Comprehensive Plan from Medium
Density Residential to LowlMedium Density Residential for the property south of Trinity
Hospital and Trinity Terrace and north of Oak Street. APIF, MOTION CARRIED.
Chairman Rotty asked if Mr. Transue, the applicant for the next agenda item was present. He was
not. Rotty suggested moving the item toward the end of the agenda. The Commission agreed.
5. Chairman Rotty introduced the variance application to encroach .68 feet into side yard
setback for the applicant Jeff Weldon at 19100 Embers Ave.
Planner Schultz presented the staff report. Schultz explained the circumstances involved
with the applicant in relation to construction of the deck without a building permit and
State Building Code regulations.
Chair Rotty asked if the applicant had anything to add to the staff report. They did not.
Rotty asked if there were any questions or comments from the public. There were none.
.
.
Rotty asked if there were any questions or comments from the Commission. The
Commission felt there the applicant's proposed structure met at least two of the
requirements to grant a variance.
MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION
CARRIED. MOTION by Barker, second by Johnson to approve the variance
encroachment of .68 feet with the proposed deck. APIF, MOTION CARRIED.
6. Chairman Rotty introduced the special exception application to move a garage structure
across public rights-of-way for the applicant Tim Young.
Associate Planner Schultz presented the staff report.
Chairman Rotty asked the applicant if he had anything to add to the staff report. Mr.
Young stated that he did not have any issues with any of the staff contingencies other
than the recommendation of closing off the access to Ash Street.
The Commission, staff and the applicant discussed the issue of closing off the access to
Ash Street and the current access from 3rd Street. Rotty stated that the Commission
would consider the request.
Chair Rotty asked if there were any questions or comments from the public. There were
none.
.
Rotty asked if there were any questions or comments from the Commission.
Commissioner Heman asked if the County would close off the access when Ash Street
would be reconstructed. Planner Smick stated that the County has reviewed the current
accesses along Ash Street and would seek closing off the driveway access.
Commissioner Larson asked if this issue were discussed when Greg Young was seeking
the variances (for the lot split). Smick stated that the driveway issue was discussed
during the variance permit review.
Discussion continued over closer of the driveway access to Ash Street and Dakota
County's role in closing off accesses during the reconstruction of Ash Street. The
Commission agreed to allow the County to deal with the access issue when Ash Street is
reconstructed.
MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION
CARRIED. MOTION by Johnson, second by Barker contingent upon the following:
.
1. The applicant or the applicant's contractor submit a surety in the amount
determined by the City Engineer to ensure against damages to the public right-of-
way;
ii. That the garage be placed on a permanent foundation in the location indicated on
the site plan;
iii. That a driveway be constructed, meeting City Code standards (concrete or
bituminous surface) from Third Street only, to be completed within 45 days upon
moving the structure onto the property;
iv. The structure be painted to match the exterior of the existing home (see Section
4-5-5 (C) 2: Residential Performance Standards: Accessory Buildings.
APIF, MOTION CARRIED.
7.
Chairman Rotty introduced the conditional use permit application to construct a church in
an R-l (Low Density) Zoning District for the applicant Farmington Lutheran Church.
.
Planner Schultz presented the staff report.
Chairman Rotty asked if there were any additional comments from the applicant. Ann
Kuntz, Station 19, stated that all issues address by staff could be addressed. Ms. Kuntz
and the Commission discussed that 150-foot turning lane needed. Schultz stated that he
would verify with Shelly Johnson the comments of the requested turn lane.
Chair Rotty asked if there were any questions or comments from the public. There were
none.
Rotty requested questions and comments from the Commission. Commissioner Rotty
stated that even though there were be some minor impacts such as traffic, it would not be
different from any other church located with any other residential neighborhoods. The
other Commissioners agreed in that they did see any major issues related to the proposed
church.
The Commission and staff briefly discussed the issue involving the future dedication of
the roadway and the need to negotiate with the property owner to the south the remaining
right-of-way dedication. Chair Rotty asked if the issue could be addressed at the time of
platting. Schultz responded that it could.
MOTION by Johnson, second by Heman to close the public hearing. APIF, MOTION
CARRIED. MOTION by Heman, second by Larson to approve the conditional use
permit application to construct a church within an R-I zoning district contingent upon the
following:
.
1. The applicant plat the property within 90 days of approval of the CUP;
11. Any recommended changes based on the review of the Engineering Department;
111. Required changes addressed by the City's consulting Traffic Engineer Shelly
Johnson:
a. Need left and right turn lanes along Akin Road at the future public road;
b. Need a minimum of ISO-feet for the right turn lane onto Akin Road;
c. Proposed 24-foot street width is too narrow for a future public street;
d. Suggests painted crosswalks from parking lot to church entry, depressed curbs
for handicap accessibility;
e. One way drop off design or signage indicating one way.
APIF, MOTION CARRIED.
8. Chairman Rotty introduced the variance application from Farmington Lutheran Church to
exceed the maximum height by 12 feet - 8.5 inches with proposed church facility.
Planner Schultz presented the staff report. Schultz explained that the City recently
changed the maximum height requirements within the R-l district, reducing it from 45
feet to 35 feet. Schultz added that the City Fire Marshall has reviewed the plans and
would support the variance based on the fact that church would be sprinkled and would
not be detrimental to public safety.
.
.
Rotty asked if there were any questions or comments from the applicant. Ms. Kuntz
noted to the Commission that a cross would be placed atop the steeple and if the variance
would address the cross. Schultz stated that staff did not view the cross as integral part of
the structure in need of the variance. The Commission agreed.
MOTION by Larson, second by Heman to close the public hearing. APIF, MOTION
CARRIED. MOTION by Johnson second by Barker to approve a variance of 12-feet -
8.5-inches to the maximum height of 35-feet within the R-I zoning district for the
construction of a church. APIF, MOTION CARRIED.
9. Chairman Rotty introduced the proposed ordinance amendment to Section 10-6-18:
Shoreland Ordinance.
Planning Coordinator Smick gave a brief explanation for the purpose for the adoption of
the shoreland ordinance. Smick stated that staff requested Sherri Buss, from the City's
consulting engineering ftrm, to brief the Commission and explain some of the minor
revisions were made.
.
Sherri Buss, Bonestroos, Anderlink & Rosene Engineering, outlined the shoreland
ordinance for the Commission. Mrs. Buss stated that the Minnesota DNR is requesting
the adoption of the shoreland ordinance, adding that the city is one of the few
communities without such ordinance.
The Commission and staff discussed the content and purpose of the shoreland ordinance
and how it may affect existing and future development within the city. Mrs. Buss also
explained the DNR would need to review any variances relating to the shoreland
ordinance. The Commission asked that the language involving variance approval process
and high density POD approval relating to impervious surfaces.
MOTION by Barker, second by Heman to close the public hearing. APIF, MOTION
CARRIED. MOTION by Larson, second by Heman to forward a recommendation of
approval to the City Council to adopt Section 10-6-18: Shoreland Ordinance contingent
upon clariftcation of the two sections, as discussed, of the proposed ordinance. APIF,
MOTION CARRIED.
10. Chairman Rotty asked if the applicant Mr. Transue was present for the proposed
encroachment variance. He was not. Rotty suggested that the Commission continue the
public hearing to allow the applicant a chance to discuss the proposal.
MOTION by Barker, second by Johnson to continue the public hearing to the next
regular meeting. APIF, MOTION CARRIED.
11.
Planner Schultz suggested discussing the issue involving the maximum lot coverage
within the Autumn Glen development. Schultz stated that a number of residents within
the Autumn Glen development were at or near the 25% maximum lot coverage within the
R-I zoning district due to minimum home footprint requirements placed by the
developer. Schultz stated that the Development Committee made several suggestions to
deal with the coverage guidelines within the R-l.
.
Mrs. Kramel, 4817 191st Street, requested that the Commission consider a change in the
language or policy that would allow a greater percentage of lot coverage.
The Commission suggested staff review how lot calculation is applied to covered
structures (principal home, garage, 3-season porch, etc) and if non-impervious type
structures, such as decks, could be eliminated as part of the coverage calculations.
Planner Schultz indicated that staff would review the possibility, reminding the
Commission that other zoning districts allow a greater percentage of coverage.
.
The Commission directed staff to review the possible changes concerning lot coverage
calculations and report back to the Commission.
12. Community Development Director Carroll introduced the proposed City Council
Resolution regarding processing of annexation petitions. Carroll stated that the proposed
resolution is a result of continued inquiries of annexation. Carroll stated that the intent of
the resolution was to clarify the handling of future annexation petitions.
The Commission and staff discussed the proposed language of the proposed resolution.
The Commission agreed that annexation policies should be addressed by the City Council
and that the Planning Commission should not be involved with policy changes.
13. There being no further business the Commission agreed to adjourn.
Respectfully Submitted,
Michael Schultz
Associate Planner
Approved
.
.
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
FROM:
1J 0 c"
Michael Schultz t-.. '
Associate Planner
SUBJECT:
Encroach 6.42 feet into required sideyard setback with
48-foot amateur radio tower - (Continued Public Hearing)
Applicant: William Transue, 18311 Elm Tree Circle
DATE:
June 11, 2002
INTRODUCTION
The applicant, Mr. Transue, was not in attendance at the scheduled June 11, 2002 Planning Commission
meeting involving a variance to encroach within the minimum sideyard setback with an amateur radio
tower. The Commission voted to continue the public hearing to allow the applicant the opportunity to
discuss the proposed variance in front of the Commission.
DISCUSSION
The applicant, William Transue, has submitted a letter requesting to withdraw his variance permit
application to encroach 6.42 feet into the required sideyard setback with a 48-foot amateur radio tower.
The applicant has indicated that the company that constructs the tower has discontinued the 48-foot tower.
Mr. Transue now plans on erecting a 40-foot tower in the same location as previously indicated; this
location would meet the required 6-foot sideyard setbacks for towers under 45-feet in height and does not
necessitate a variance request.
ACTION REOUESTED
Because the applicant has requested to withdraw the variance request, the Commission should close the
pubic hearing and make a motion to accept the applicant's letter of withdrawal.
cc:
William Transue, 18311 Elm Tree Circle
.
.
.
June 25, 2002
City of Farmington
To Whom It May Concern:
SUBJECT: VARIANCE
Due to the fact that Rohn Industries, Inc. the manufacture of the HDBX48 (48 ft. tower) is discontinuing
that tower, I am withdrawing my application for a variance.
I have decided to purchase a 40 ft. self-supporting Universal Tower and no longer need the variance.
William Transue
18311 Elm Tree Circle
Farmington, MN 55024
Sincerely,
nv~ ~ ~
William P. Transue
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
City Planning Commission
FROM:
Lee Smick, AICP
Planning Coordinator
~u
SUBJECT:
Conditional Use Permit: Extraction, Grading and Mineral Extraction - Helen M. Huber
Property
DATE:
July 9, 2002
INTRODUCTION
Friedges Landscaping, Inc. has requested a Conditional Use Permit for the Extraction, Grading and
Mineral Extraction on the Helen W. Huber property at 210th Street and Fairgreen Avenue.
DISCUSSION
The Huber property was granted a Conditional Use Permit by the City Council for mineral extraction on
March 6, 2000. The approval was contingent upon the following item:
1. That a cleanup of the property be performed as stated in the letter dated February 29,2000 by June
15,2000.
The letter (see attached) discussed the removal of roofing debris, vehicles, unusable fish houses, unusable
farm machinery, and all other debris or unsuitable material on the property. Because the original
completion date was passed without cleanup occurring by the date of June 15,2000, the Conditional Use
Permit was considered void. The mining operation has remained closed
The operator, Friedges Landscaping, Inc. reapplied for a mining permit on October 17, 2001 for a one
year mining operation. If the operation surpasses the October 18, 2002 deadline, the operator will renew
the permit. City staff did not bring forth the mining permit application to the Planning Commission until
the cleanup of the property was completed. The cleanup of the property was recently completed on June
21,2002.
Since the original mining permit was terminated, the owner/operator is required to apply for a new permit.
This requires that the Planning Commission make a recommendation to the City Council concerning the
application. The City Council holds the public hearing for the permit.
Friedges Landscaping, Inc. proposes to extract fill material, back haul topsoil for future restoration,
perform crushing operations to the stockpile of concrete on the property, and remove the crushed concrete
from the site. The Planning Commission and City Council previously approved the extraction of fill and
the crushing operation.
. Friedges Landscaping, Inc. proposes to complete the extraction of fill by the Spring of 2003 and begin
reclamation of the property. The crushing operation will take 5-6 days to complete once the crushing
begins.
The crushing operation needs to comply with Section 3-22-15 concerning noise. The noise level at the
perimeter of the site needs to be within the limits set by the Minnesota Pollution Control Agency and the
Federal Environmental Protection Agency. Hauling operations shall be performed during the hours
established by the City Council. The operator proposes the hours of operation from 7:00 AM to 5:00 PM
Monday through Saturday. Operators are required to utilize all practical means to eliminate vibration
from the equipment used in the operation. Operators also need to reduce the amount of dust, smoke, and
fumes caused by the operation.
The crushing operation will be performed inside of a cone, thereby reducing the amount of noise typically
generated from this type of operation. Additionally, by crushing the concrete inside of the cone structure,
the amount of dust is reduced.
Background of the Huber Mining Pit
The Huber mining pit has been in operation since the City Council approved the first application on June
8, 1994. Annual renewals for mining of the Huber property have been approved since December of 1994
to December of 1999.
The engineering division has reviewed the permit application and approved the proposed operation.
. ACTION REQUESTED
Approve the Conditional Use Permit for Excavation, Grading and Mineral Extraction Permit for the
Huber property.
~ZZ?
Lee Smick, AICP
Planning Coordinator
cc: Curt Huber, 20655 Holiday Avenue Lakeville, MN 55044
Friedges Landscaping, Inc. 9380 W. 202nd Street Lakeville, MN 55044
.
.
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SUBJECT PROPERTY
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February 29, 2000
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Lee Smick, Planning Dept.
CITY OF FARMINGTON
325 Oak Street
Farmington, MN 55024
Re: Huber Mining - Extraction
Huber property cleanup
(roofing debris, vehicles, fish house, etc.)
Dear Lee:
We have come up with a schedule that we feel is workable to ciean up
our property to meet City specifications. Items of concern are:
1. Roofing Debris - shingles, flat roof materials, rubber
membrane. These will be taken to a qualified landfill.
2. Vehicles - old cars, pick-ups. These will be taken to
an automotive recycling center.
.
3. Fish Houses and Old Structures. Unusable will be
burned or removed from site. Usable fish houses
will stay on site.
4. Farm Machinery - usable machinery will be left on site,
unusable will be removed.
5. All other debris or unsuitable materials will be disposed of
properly.
This c1Ca...iUP will begin in spring as weather permits and will be completed
by June 15,2000.
If you have any questions, please contact me or Todd Brennan of Friedges, Inc.
Thank you.
Sincer~'.fij J J
GlfW [7fUC~~
Curt Huber
. Representing Huber Property
Council Minutes (Regular)
March 6, 2000
Page 3
@
.
.
Consider Conditional Use Permit - Excavation, Grading, and Mineral
Extraction - Helen M. Huber Estate
Friedges Landscaping, Inc. has submitted an Excavation, Grading and Mineral
Extraction application for continued mineral extraction of the Helen M. Huber
property at 21 Oth Street and F airgreen Avenue. Friedges proposes to extract fill,
back haul topsoil for future restoration, stockpile concrete from projects for future
crushing, and extract an existing crushed concrete stockpile from previous
crushing activities. The City received the renewable annual permit for the Huber
mining pit on January 19,2000. In November of 1999, Mr. John Tschohl who
owns property directly to the west of the Huber property requested that the City
review the Huber site for code violations for the storage of junk vehicles and
miscellaneous junk on the property. City staff inspected the mining pit in
November of 1999 and found that concrete from the CSAH 50 project continues
to be stored on the site. Additionally, rubbish was located in the southern pit area,
which needs to be removed regularly. The Planning Commission recommended
approval of the mining permit contingent on the submittal of a schedule to clean
up the property. The City received a letter on February 29, 2000 from Curt
Huber, that states the clean up will begin in the spring and will be completed by
June 15,2000. The hours of operation will be Monday through Friday from 7:00
a.m. to 5:00 p.m. and Saturday from 9:00 a.m. to 5:00 p.m.
Mr. Todd Brennan stated the City has been very good in supplying him the
information necessary to do this. He thanked Lee Smick for her assistance and
good communication.
MOTION by Soderberg, second by Strachan to close the Public Hearing. APIF,
MOTION CARRIED. MOTION by Soderberg, second by Cordes to approve
the Conditional Use Permit for Excavation, Grading and Mineral Extraction
Permit for the Helen M. Huber Estate contingent on the completion of the. clean
up of the items mentioned in the February 29, 2000 letter by June 15,2000, on the
proposed hours of operation and adherence to engineering requirements. APIF,
MOTION CARRIED.
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) 2001 Budget - Council Fiscal Goals
At the beginning of each fiscal year, Council reviews and adopts budget goals that
will be used by staff to develop a balanced budget document for the following
fiscal year. A review of the budgeting process and financial goals were discussed.
MOTION by Strachan, second by Soderberg to adopt the 2001 Fiscal Goals.
APIF, MOTION CARRIED.
.
b)
2000 Streetscaping Project - Schedule Council Workshop Date
Bids for the Streetscaping Project were received on February 17,2000. Given the
complexity of this project, and the fact that a number of original design
assumptions for this project have changed since the feasibility study, the need to
.
.
.
PLANNING COMMISSION
MINUTES
Regular
February 8, 2000
1.
Chair Rotty called the meeting to order at 7:00 P.M.
Members Present: Rotty, Larson, Johnson, Privette, Barker
Members Absent: None
Also Present: Planning Coordinator Smick, Associate Planner Schultz
2.
Chair Rotty requested comments for the approval of minutes for the December
14, 1999 Planning Corrimission meeting. There were none. MOTION by
Larson, second by Johnson. YES: Larson, Johnson, Rotty; NO: None;
ABSTAIN: Privette, Barker
Chair Rotty requested comments for the approval of minutes for the January 11,
2000 Planning Commission meeting. There were none. MOTION by Johnson,
second by Larson. YES: Larson, Johnson, Rotty; NO: None; ABSTAIN: Privette,
Barker
3. Rotty recognized the request of Astra Genstar Partnership to continue the public
hearing for the Charleswood 3rd Addition to the February 23, 2000 meeting in
order to complete necessary changes to conform to the City's Wetland Ordinance.
4.
Chair Rotty opened the scheduled public hearing for a Conditional Use permit -
Extraction, Grading and Mineral Extraction at the property located 5827 W. 210th
Street. Lee Smick presented the staff report. Smick stated that the applicant,
Friedges Landscaping, Inc., Lakeville, is seeking to continue mining on the site.
Smick stated that staff inspected the site in November of 1999 and found that the
operation was meeting the requirements of the City Code, however concrete was
found stored on the site from the reconstruction of the C.S.A.H. 50 project.
Todd Brennan, Friedges Landscaping, replied that they are planning on removing
the concrete off site.
Mike Devney, 212th Street: Voiced concerns of when the operation would be
completed and maintenance of the gravel road (Fairgreen Ave).
Todd Brennan replied that they project that the pit will be in operation for only
one more year and that they are required to maintain the road.
Discussion pursued between the Commission and the applicant over the
operations of the mining pit.
Q
Planning Commission ~inutes
Regular Meeting
February 8, 2000
Rotty asked if there were any questions from the Commission. There were none.
MOTION by Johnson, second by Larson to close the public hearing. APIF,
MOTION CARRIED.
.
MOTION by Larson, second by Johnson to forward a recommendation of
approval to the City Council for the Conditional Use permit - Extraction, Grading
and Mineral Extraction for the property contingent on a plan to locate and remove
concrete remaining from the C.S.A.H. 50 project and adherence to engineering
requirements. APIF, MOTION CARRIED.
Chair Rotty opened the public hearing for a Conditional Use permit for
Extraction, Grading and Mineral Extraction On the Helen Huber property. Lee
Smick presented the staff report. Smick stated that the applicant again is Friedges
Landscaping, Inc. of Lakeville.
Smick informed the Commission that staff also inspected the site in November of
1999 and found that site was mostly in compliance other than the storing of
concrete from the C.S.A.H. 50 project. Smick also stated that there is also City
Code violation issues on the site. Staff presented pictures of the site depicting
junk vehicles, abandoned fishing houses and other miscellaneous junk deposited
on the Huber property. Smick explained to the Commission the situation of the
Huber estate being transferred to its heirs and the process of cleaning up the
property .
.
Curt Huber, 20655 Holiday Ave, Lakeville: Explained to the Commission his
family's status of inheriting the property and the time table in which to clean up
the property. Mr. Huber stated there are some things they won't be able to
remove because the property is in probate, restricting them to sell or move some
items off site.
Rotty asked what type of items are located on site and what the timetable is.
Mr. Huber responded that they broke the items down to wood and metals,
garbage, abandoned vehicles and structures. Mr. Huber stated that he plans on
eventually having everything taken off site, but would like to be able to keep
some of the fish houses on site because they are only being stored there
temporarily.
John Tschol, 9201 East Bloomington Freeway, Minneapolis: Stated that he did
not have a problem with the proposed clean-up plan and allowing Mr. Huber
continue storing fish houses on the property.
The Commission and the applicant continued discussion on when a clean-up plan
would be submitted to staff. Mr. Huber replied that he can submit something
.
2
.
.
.
Planning Commission Minutes
Regular Meeting
February 8, 2000
soon, dates may be dependent of the property is taken out of probate. The
Commission understood the possible delays.
MOTION by Larson, second by Privette to close the public hearing. APIF,
MOTION CARRIED.
MOTION by Johnson, second by Larson to approve the Conditional Use permit-
Extraction, Grading and Mineral Extraction contingent on the following:
a) A clean-up plan of the property be submitted to staff for approval;
b) The applicant submit a reclamation plan for the site;
c) Maintenance of roads be continued by Friedges Landscaping, Inc.
APIF, MOTION CARRIED.
6. There being no further discussion the Commission agreed to adjourn.
Respectfully Submitted,
Michael Schultz
Associate Planner
Date Approved
3
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[}5[g3D~[Q)@~~, INC.
AVATING, UTILITY & LANDSCAPE CONTRACTORS
9380 W. 202nd Street . Lakeville. MN 55044
Phone: (952) 469-2996 . Fax: (952) 469-1755
October 17~ 2001
Karen Finstuen
Administrative Services Manager
City of Farmington
325 Oak Street
Farmingto~ MN 55024
Re: Huber Mining Permit Renewal
Dear Karen:
Enclosed please find a completed application for Excavatio~ Grading and Mineral
Extractio~ Surety Agreement~ and Report of Amounts RemovedlReplaced for 2001,
along with the required bond and a check in the amount of$150.00 as requested to
renew our permit for the Huber pit located at 210tb Street and Fairgreen Avenue in
. Farmington.
You may contact me at 952-469-2996 with any questions.
Todd Brennan
TB:1rw
Ene.
.
.
.
.
LP 0206 (12195)
Merchants Bonding Company
2100 FLEUR DRIVE, DES MOINES, IOWA 50321-1158
LICENSE AND PERMIT BOND
BOND No. MN 21917
Know All Men By These Presents:
That we, Friedl!;es Landscapinl!;. Inc.
of the City of Lakeville , State of Minnesota ,as Principal,
and the MERCHANTS BONDING COMPANY (Mutual), a corporation duly licensed to do business in the State of
Minnesota
, as Surety, are held and firmly bound unto the
City of Farminl!;ton, 325 Oak, Farmington, MN. 55024
, Obligee, in the penal
sum of Fifty Thousand And No/lOO ($ 50,000,00 ) DOLLARS,
lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made,
we bind ourselves and our legal representatives, jointly and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas, the said Principal has been licensed
to do Gravel Mining at the Huber Pit per Gravel Pit Use Pennit
by the said Obligee.
NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws
and ordinances, including all Amendments thereto, appertaining to the license or permit applied for, then this
obligation to be void, otherwise to remain in full force and effect until
unless renewed by Continuation Certificate.
October
2002
15th
This bond may be terminated at any time by the Surety upon sending notice in writing, by certified mail, to the clerk
of the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at the Political
Subdivision named herein, and at the expiration of thirty-five (35) days from the mailing of said notice, this bond shall
ipso facto terminate and the surety shall thereupon be relieved from any liability for any acts or omissions of the
Principal subsequent to said date.
Dated this
15th
October
2001
day of
Friedges Landscaping, Inc.
~d--
Principal
Principal
Attorney-In-Fact
.
CORPORATE ACKNOWLEDGMENT
~~~:;/o~~l
On the 1 October 2001 , before me personally
appeared, to me, who being duly
say: that s/he resides in that s1he is the
of the Friedges Landscaping, Inc. e corporation
described in and which executed the foregoing instrument; that s/he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corporation; and that s/he signed her/his
name thereto by like order.
(SEAL)
h~v/; j07#?)
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF MINNESOTA
COUNTY OF Dakota
. On the 15th day of October 2001 before
me personally appeared, M. A. Jones to me known, who being
duly sworn, did say: that s1he resides in the City of St. Paul, MN that s/he is the aforesaid
officer or attorney in fact of Merchants Bonding Company (Mutual)
a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said
corporation; and that said instrument as signed and sealed on behalf of said corporation by
the aforesaid officer, by authority of its board of directors; and the aforesaid officer
acknowledged said instrument to be the free act and deed of said corporation.
(SEAL~............._.''''..,,_..... N . . '_'.' ." .~ ~~'..J.1~
~~.;~;' KATHLEEN SORENSON Nota Publ
t~",,:-~.. NOV..R',' PUBLIC - MINNESOTA
L\{1;",,'t'~' D!'-KOT A COUNTY
,:::':': . My Commi:,slon Expires Jan. 31. 2005
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.
.
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Persons By These Presents. that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa. and having Its principal ofIice in the City of Des Moines. County of Polk. Stale of Iowa, hath made.
constituted and appointed. and c:Joes by these presents make. constitute and appoint
Litton E. S. Field, Jr., M. A. Jones, F. E. LaunsteiD
of St. Paul and State of Minnesota Its tnJe and laWful Attomey..Jn-Fact. wlth fuB power
and authority hereby conferred In Its name, place and stead, to sign, execute. acknowledge and deliver In Its behalf as surety any
and all bonds, undertakings. recognizances or other written obUgations In the nature thereof. subject to the limitation that any such
/nstnJment shall not exceed the amount of:
FIVE MILLION (55,000,000.00) DOLLARS
.
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent 8S if such bond or
undertaking was signed by the duly authoriz8d of'Iicers of the MERCHANTS BONDING COMPANY (MUTUAl). and aU the acts of
said Attorney-in-Fact, pursuant to the authority herein given. are hereby ratilled and coofirmed.
This Power-of-AtlDmey is made. and executed pulSusnt to and by authoritY of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3. 1992-
ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or SecretaI)' shan have power and
authority to appoint Attorneys-In-Fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto. bonds and undertakings. recognizances, contracts of Indemnity and other writings obligatoI)' in the nature
thereof.
ARTICLE 11. SECTION 9 - The signatln of any authorized ofIicer and Ihe Seal of the Company may be aflbted by facsimile '..
to any Power of Attorney or Certification thereof authorizing the execution and delivel)' of any bond, undertaking.
recognizance, or other suretyship obligations of the Company. and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
Its corporate seal to be hereto affixed. Ihis 7th day of May . 2001 .
........
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MERCHANTS BONDING COMPANY (MUTUAL)
STATE OF IOWA
COUNTY OF POLK 85.
~~7~
Pr9sident
On this 7th day of May . 200 I . before me appeared Larry Taylor, to
me personally known. who being by me duly swom did say that he.ls President of the MERCHANTS BONDING COMPANY (MUTUAL).
the corporation described In the foregolng instnJment. and that the Seal affixed to the said Instrument is Ihe Corporate Seal of the said
Corporation and that the said InstnJment was signed and sealed In behalf of said. Corporation by authority of Its Board of DlrectolS.
In Testimony Whereof. I have hereunto set my hand and affixed my Official Seal at the City of Des Moines. Iowa. the day and yearfirst
above written.
STATE OF IOWA
COUNTY OF POLK &S.
........
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Notwy Public. Polk CoIMI/y. Iowa
MSC 0814 (2J98)
1, WlI'I8I1l Warner. Jr.. Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
Is a !rue and COCTeCt copy c:A the POWER-OF-A lTORNEY executed by seid MERCHANTS BONDING COMPNff (MUlUAL), which is
din force and effect.
In Witness YVhereof, I have hereunto set my hand and aftlxed the seal of the Company on
this 15th dayof October . 2001 ~"~~G'CO'"
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SecretaIy
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3-22-1
..
'SECTION:
3-22- 1:
3-22- 2:
3-22- 3:
3-22- 4:
3-22- 5:
3-22- 6:
3-22- 7:
3-22- 8:
3-22- 9:
.
3-22-10:
3-22-11 :
3-22-12:
3-22-13:
3-22-14:
3-22-15:
3-22-16:
3-22-2
CHAPTER 22
EXCAVATIONS AND MINING
Purpose and Intent
Definitions
Permit Required
Exemptions From Permit Requirements
Applications for Permits; Procedures. Contents of Applications
. Council Review and Approval of Overall Plan;
Function of Renewable Annual Permits
Termination of Permit
Annual Permits; Renewal; Conditions
Issuance of Permit Imposes No Liability on City and
Relieves the Permittee of No Responsibilities, etc.
Fees
Performance Bond or Irrevocable Letter of Credit
Standards - Extraction Site Location
Fencing
Appearance and Screening at the Extraction Site
Operations; Noise; Hours; Explosives; Dust; Water
Pollution; Topsoil Preservation
Rehabilitation Standards
3-22-1: PURPOSES AND INTENT: The purpose of this Ordinance is
to promote the health, safety and welfare of the community
and to establish reasonable uniform limitations, standards, safeguards and
controls for excavation and mining within the City.
3-22-2:
~
DEFINITIONS: The following words, terms and phrases shall
have the following meanings respectively ascribed to them:
A. Any excavation made by the removal of the
natural surface of the earth, whether sod, dirt,
soil, sand, gravel, stone, or other matter,
creating a depression or depressions.
MINE or EXCAVATION:
These provisions previously supplemented 772:480:883:584:686:789:891
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1092
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City 0; Farmington
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.
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3-22-2
3-22-4
Mine or Excavation
(cont.)
B. Any area where the topsoil or overburden
has been removed for the purpose of mining
earthly deposits or minerals. yet the area has
remained idle since the topsoil removal.
~
C. Any area that is being used for stockpiling,
storage, and processing of sand, gravel, black
dirt, clay and other minerals.
OVERBURDEN:
Those materials which lie between the surface
of the earth and material deposit to be
extracted.
REHABILITATION:
To renew land to self-sustaining long term use
which is compatible with contiguous land uses,
present and future, in accordance with the
standards set forth in this Chapter.
TOPSOIL:
That portion of the overburden which lies
closest to the earth's surface and supports the
growth of vegetation.
3-22-3: PERMIT REQUIRED: Except as otherwise provided in this
Chapter, it shall be unlawful for anyone to operate a mine or
excavate without having first obtained a written permit from the City
authorizing the same in accordance with this Chapter, Mining and
excavation operations that predate this Chapter that do not have a permit
shall obtain a permit within six (6) months after the adoption of this
Chapter. Current permit holders shall come into compliance with the terms
of this Chapter no later than the time their annual permit is renewed.
~
"
3-22-4:
EXEMPTIONS FROM PERMIT REQUIREMENTS: The follow-
ing activities do not require a permit under this Chapter:
(A) Excavation for a foundation, cellar or basement of a building if a
building permit has beeri issued.
(B) Grading a lot in conjunction with building if a building permit has
been issued.
(C) Excavation by the Federal, State, County or City government which
1092
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City of Farmington
3-22-4
.--~.....,
.
(D)
(E)
(F)
(G)
(H)
(I)
.
3-22-5:
.....
/
3-22-5
is integral to construction or maintenance of roads, highways or
utilities.
Curb cuts, utility hookups or street openings for which another permit
has been issued by the City.
Excavation of less than one thousand (1,000) cubic yards in a
calendar year.
Excavation of less than one hundred (100) square feet of surface
area in a calendar year.
Excavation or grading for agricultural purposes.
Excavation or grading in accordance with development contract
approved under the City's Subdivision Ordinance. If the development
contract requires that a letter of credit or other security be posted,
the letter of credit or other security must be posted before any
excavation takes place. (Ord. 092-278, 8-3-1992)
Excavation or grading authorized .by the Public Works Director
following preliminary plat approval under the City's Subdivision
Ordinance and prior to final plat approval, provided the excavation
and grading activities are consistent with plans submitted and
approved by the Public Works Director, the applicant has paid the
applicable fees and provided adequate surety in an amount and form
approved by the Director of Public Works, and the applicant
complies with any other reasonable conditions imposed by the Public
Works Director. The developer of a plat assumes all risk involved
with grading a site before final plat and street and utility plan
approval. Any changes to the grading of a site including any
corresponding costs necessitated by the resolution of any design
issues identified during the approval process of the final plat and
street and utility construction plans, are the sole responsibility of the
developer. (Ord. 09~-437, 9-20-1999)
APPLICATIONS FOR PERMITS; PROCEDURES, CON-
TENTS OF APPLICATIONS:
(A) An application for a mine or excavation permit shall be processed in
accordance with the same procedures and requirements specified in
this Code relating to conditional use permits. However, the hearing
shall be held by the City Council following a review and
recommendation from the Planning Commission. All applications
1299
City of Farmington
3-22-5
3-22-5
.
-'~
. .~ ,
dealing with land in flood plains shall also comply with requirements
listed in Title 10, Chapter 10 of this Code. (Ord. 096-375, 7-1-1996)
(B) An application for a mine or excavation permit shall contain:
1. The name and address of the operator and owner of the land.
2. The correct legal description of the property where the activity is
proposed to occur.
3. A certified abstract listing the names of all landowners owning
property within three hundred fifty feet (350') of the boundary of the
property described above.
4. Specifications of the following, using appropriate maps,
photographs and surveys:
(a) The physical relationship of the proposed designated site to
the community and existing development;
(b) Site topography and natural features including location of
watercourses and water bodies;
.
(c) The description and quantity of material to be excavated;
.-'
(d) The depth of water tables throughout the area.
5. The purpose of the operation.
6. The estimated time required to complete the operation.
7. The plan of operation, including processing, nature of the
processing and equipment, location of the plant, source of water,
disposal of water and reuse of water.
..
8. Desired haul routes to and from the site.
9. The plans for drainage, water erosion control, sedimentation and
dust control.
10. A rehabilitation plan provided for the orderly and continuing
rehabilitation of all disturbed land. Such plan shall illustrate, using
photograph maps and surveys where appropriate, the following:
.
I
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1299
City of Farmington
3-22-5
.'i
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...'-'.'-_.0".
"'!
~
3-22-5
(a) The contour of land prior to excavation, if available, after
completion of excavation and after completion of rehabilitation;
(b) Those areas of the site to be used for storage of topsoil and
overburden;
(c) A schedule setting forth the timetable for excavation of land
lying within the extraction facility;
(d) A timetable for the rehabilitation of land lying within the
excavation facility shall be submitted to the City well in advance of
the completion of excavation activities;
(e) The slope of all slopes after rehabmtation, based upon
proposed land uses, and description of the type and quantity of
plantings where revegetation is to be conducted; and
(f) The criteria and standards to be used to achieve final
rehabilitation as well as intermittent stabilization.
11. A statement identifying the applicant's program to ensure
compliance with the permit conditions, method of response to
complaints and resolving conflicts that may arise as a result of
complaints. (Ord. 092-278, 8-3-1992)
,
1299
City of Farmington
3-22-6
3-22-8
3-22-6:
COUNCIL REVIEW AND APPROVAL OF OVERALL PLAN;
FUNCTION OF RENEWABLE ANNUAL PERMITS:
.
(A) A public hearing shall be held before the Council on each permit
application. Notice of the hearing shall be published by the Clerk at
least ten (1Q) days before the hearing. The City Council shall review
the permit application and shall approve the permit if it is in
compliance with this Chapter, the City's Zoning Ordinance, and other
applicable laws, ordinances, and regulations. The Council may
attach conditions to the permit approval to promote safety and
prevent nuisance conditions. The rehabilitation plan shall only be
approved if it is consistent with the uses allowed in the City's
Comprehensive Plan and Zoning Ordinance.
(B) Implementation of the overall plan shall be by means of renewable
annual permit. The purpose of the renewable permit is to assure
compliance with the longer range overall plan and to retain the ability
to modify existing or to attach new conditions in accordance with
changing characteristics of the site or its surroundings. The City
Administrator, after consultation with appropriate City staff, may
issue renewal licenses upon satisfactory proof of compliance with
this Chapter. If the City Administrator denies a renewal license. the
applicant may appeal the decision to the City Council by filing a
notice of appeal with the City Clerk within ten (1 Q) days after the City
Administrator denies the permit.
.
3-22-7:
TERMINATION OF PERMIT:
(A) The material excavation permit may be terminated for violation of
this Chapter or any conditions of the permit. No permit may be
terminated until the City Council has held a public hearing to
determine whether the permit shall be terminated, at which time the
operator shall be afforded an opportunity to contest the termination.
The City Council may establish certain conditions, which if not
complied with. will result in immediate suspension of operations until
the public hearing to consider termination of the permit can be held.
.
.
(B) It shall be unlawful to conduct mineral extraction or excavation after
a permit has been terminated.
3-22-8:
ANNUAL PERMITS; RENEWAL; CONDITIONS:
(A) Application for renewal of an annual permit shall be made sixty (60)
days prior to the expiration date. If application for renewal is not
.'....:.'.'.'...
..
1092
City of Farmington
3-22-8
A)
.
.~i
(B)
.
"
}.!
.
3-22-11
made within the required time, all operations shall be terminated and
reinstatement of the permit may be granted only upon compliance
with the procedures set forth in this Chapter for an original
application.
-,",
A permit may be approved or renewed subject to compliance with
conditions in addition to those set forth in this Chapter when such
conditions are reasonable and necessary to ensure compliance with
the requirements and purpose of this Chapter. When such conditions
are established, they shall be set forth specifically in the permit.
Conditions may, among other matters, limit the size, kind or
character of the proposed operation, require the construction of
structures, require the staging of extraction over a time period,
require the alteration of the site design to ensure compliance with
the. standards, require the provision of a performance. bond by the
operator to ensure compliance with these reguJations in this Chapter
or other similar requirements.
3-22-9: ISSUANCE OF PERMIT IMPOSES NO LIABILITY ON CITY
AND RELIEVES PERMITTEE OF NO RESPONSIBILITIES,
ETC.: Neither the issuance of a permit under this Chapter, nor compliance
with the conditions thereof or with the provisions of this Chapter shall
relieve any person from any responsibility otherwise imposed by law for
damage to persons or property; nor shall the issuance of any permit under
this Chapter serve to impose a liability on the City. its officers or employees
for any injury or damage to persons or property. A permit issued pursuant
to this Chapter does not relieve the permittee of the responsibility of
securing and complying with any other permit which may be required by any
other law, ordinance or regulation.
3-22-10: FEES: A schedule of fees for the examination and approval of
applications for permits under this Chapter and the inspection
of operations for compliance with the conditions of this Chapter and the
permit shall be determined by resolution of the City Council, which may,
from time to time, change such schedule. Prior to the approval and
issuance or renewal of any l'erm1t under this Chapter, such fees shall be .
paid to the City and deposited to the credit of the General Fund.
3-22-11: PERFORMANCE BOND OR IRREVOCABLE LETTER OF
CREDIT: Prior to the approval and issuance of a permit, there
shall be executed by the operator and submitted to the City Administrator;
an agreement to construct such required improvements, to dedicate such
1092
City of Farmington
_._4
3-22-11
3-22-14
.
property or easements, if any, to the City and to comply with such
conditions as may have been established by the City Council. Such
agreement shall be accompanied by bond with surety or condition
acceptable to the City Administrator in the amount of the established costs
of complying with the agreement. The aforesaid agreement, bond or letter
of credit shall be provided for guaranteeing completion and compliance with
the conditions set forth in the permit within the time to be approved by the
City Council. The adequacy, conditions and acceptability or any bond or
letter of credit hereunder shall be determined by the City Administrator. The
adequacy of the bond or letter of credit shall be reviewed annually by the
City. The City may direct the amount of the bond or letter of credit be
increased to reflect inflation or changed conditions.
3-22:--12:
STANDARDS - EXTRACTION SITE LOCATION: Operations
permitted under this Chapter shall not be cOl1ducted within:
(A) Fifty feet (50') of an existing street or highway;
(B) Thirty feet (30') of the right of way of an existing publiC utility;
(C) Fifty feet (50') of the boundary of any zone where such operations
are not permitted; or
(D)
Thirty feet (30') of the boundary of an adjoining property not in
mining use; or as directed by the City Council.
.
3-22-13: FENCING: During operations which have received a permit
under this Chapter, any area where collections of water are
one and one-half feet (1'/2') in depth or more, or where excavation .slopes
are steeper than one foot vertical to one and one-half feet horizontal
(1 :1'/2)' and any other areas where obvious danger to the public exists,
shall be fenced when such a situation has existed or will exist for a period
of five (5) working days or longer. The City Engineer shall review such
fencing to assure its adequacy. He may waive this requirement or require
additional measures based on his judgment and the characteristics of the
particular instances.: As an alternative, the City Engineer may require
perimeter fencing of the entire extraction site.
3-22-14:
APPEARANCE AND SCREENING AT THE EXTRACTION
SITE: The following standards are required at the extraction
site of any operation permitted under this Chapter: -
e>
1092
City 0; Farmington
3-22-14
3-22-15
.
Machinery shall be kept in good repair.
-.,
(A)
(B)
Abandoned machinery, inoperable equipment and rubbish shall be
removed from the site regularly.
(C) All buildings and equipment that have not been used for a period of
one year shall be removed from the site.
(0) All equipment and temporary structures shall be removed and
dismantled not later than ninety (90) days after termination of the
extraction operation and expiration of the permit.
(E) Where practical. stockpiles of overburden and materials shall be
used to screen the extraction. The side slopes of such stockpiles
shall not exceed three to one (3:1).
(F) The perimeter of the site shall be planted or otherwise screened
when such is determined by the City Council to be necessary.
(G) Existing tree and ground cover shall be preserved to the extent
feasible, maintained and supplemented by selective cutting,
transplanting of trees, shrubs, and other ground cover along all
setback areas.
.
3-22-15: OPERATIONS; NOISE; HOURS; EXPLOSIVES; DUST;
WATER POLLUTION; TOPSOIL PRESERVATION: The
following operating standards shall be observed at the extraction site of any
operation permitted under this Chapter:
(A) The maximum noise level at the perimeter of the site shall be within
the limits set by the Minnesota Pollution Control Agency and the
Federal Environmental Protection Agency.
(B) Extraction and hauling operations shall be performed during only
those times established by the City Council as part of the permit.
(C) Operators shall utilize all practical means to eliminate vibration from
equipment operation on adjacent property .
(0)
Operators shall comply with all applicable City, County, State and
Federal regulations for the protection of water quality, including the
Minnesota Pollution Control Agency and Federal Environmental
Protection Agency regulations for the protection of water quality. No
-:4
-.
1092
City of Farmington
3-22-15
D)
.
.. (E)
(F)
3-22-16:
.
.
3-22-16
It"
waste products or process residue shall be deposited in any lake.
stream or natural drainage system. All waste water shall pass
through a sediment basin before drainage into a stream.
All topsoil shall be retained at the site until complete rehabilitation of
the site has taken place according to the rehabilitation plan.
Operators shall use all practical means to reduce the amount of
dust, smoke and fumes caused by the operations.
REHABILITATION STANDARDS: The following rehabilitation
standards shall apply to the site of any operation permitted
under this Chapter.
(A) Rehabilitation shall be a continuing operation occurring as quickly as
possible after the extraction operation has moved sufficiently into
another part of the extrac :n site.
(B) All banks and slopes shall be left in accordance with the rehabili-
tation plan submitted with the permit application.
(C) Slopes, graded areas and backfill areas shall be surfaced with
adequate topsoil to secure and hold ground cover. Such ground
cover shall be tended as necessary until it is self-sustained.
(0)
All water areas resulting from excavation shall be eliminated upon
rehabilitation of the site. In unique instances where the City Council
has reviewed proposals for water bodies at the time of approval of
the overall plan and has determined that such would be appropriate
as an open space or recreational amenity in subsequent reuse of the
site, water bodies may be permitted.
(E) No part of the rehabilitation area which is planned for uses other
than open space or agriculture shall be at an elevation lower than
the minimum required for connection to a sanitary or storm sewer.
(Ord. 092-278, 8-3-92)
1092
City of Farmington
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651)463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
V-RV
FROM:
Michael Schultz
Associate Planner
SUBJECT:
Amend 2020 Comprehensive Plan / Rezone Certain Properties
Properties: 213 8th Street
301 Main Street
305 Main Street
DATE:
July 9, 2002
INTRODUCTION
On April 23rd, City Staff recommended certain amendments to the 2020 Comprehensive Land Use Plan
and the rezoning of certain properties as a result ofthe adoption of the City's new Zoning Code. The City
Council at its May 6,2002 meeting decided to table any action with regard to the properties located at 213
8th Street, 301 Main Street and 305 Main Street to allow staff to have follow-up discussions with the
. homeowners concerning the proposed rezoning of their respective properties.
DISCUSSION
Staff mailed to each of the property owners a proposed "Letter of Understanding" and an explanatory
cover letter that outlined the proposed rezoning of each respective property and the potential impacts (i.e.,
maintenance of the property, property taxes, etc.). The letter also invited the property owners to contact
city staff with any questions or concerns that they might have.
After reviewing the letter and having some discussions with staff, each of the three property owners either
decided they would not be in favor of the rezoning of their respective properties or declined to take a
position on the issue. The City Council at its June 6, 2002 meeting directed staff to take the appropriate
actions to amend the 2020 Comprehensive Plan and/or rezone the properties in accordance with the
expressed or presumed wishes of the property owners.
After reviewing the recently approved Zoning Map with respect to the surrounding zoning districts, City
staff is recommending the following amendments:
.
213 8th Street
Staff recommends amending the 2020 Comprehensive Plan from Institutional to LowIMedium
Residential; this is consistent with the land use designations located to the south and east of the property.
Staff also recommends that the property be rezoned from R-I (Low Density) to R-2 (LowlMedium
Density Residential), which would also be consistent with the surrounding residential zoning districts (see
attached zoning maps).
.
.
.
301 & 305 Main Street
Staff recommends rezoning both properties from the existing R-2 (Low/Medium) Zoning District to the
R-T (Residential Transition) District, which would be consistent with the south half of Block 29, Town of
Farmington and also would be consistent with the City's 2020 Land Use Designation of High Density.
The proposed R-T designation would allow single-family uses to continue as a permitted use, but would
also allow multi-family uses with conditional permit approval.
ACTION REOUESTED
Staff recommends that the Planning Commission take the following actions:
Motion to forward a recommendation to the City Council to amend the 2020 Comprehensive Land Use
Plan from Institutional to Low/Medium Residential and rezone from R-1 to R-2 (Low/Medium Density
Residential) for the property located at 213 8th Street.
Motion to forward a recommendation to the City Council to rezone the properties located at 301 and 305
Main Street from R-2 to R-T (Residential Transition), to be consistent with the City's 2020
Comprehensive Land Use Plan.
Cc: Hazel Bunde, 213 8th Street
Craig Gott, 30 I Main Street
Roger Thorn, 305 Main Street
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
~(Q)~W
May 22, 2002
Roger Thorn
305 Main Street
Farmington, MN 55024
RE: Rezoning of Property
Dear Mr. Thorn,
This letter is concerning the City's updating of its Zoning Map III relation to the 2020
Comprehensive Plan.
To briefly explain this process, the Metropolitan Council has required communities within the
seven county metropolitan area to update their respective Comprehensive Land Use Plans. This
plan is used as a guide for future land uses and determines the appropriate zoning for particular
properties.
. In March of 2000 the City of Farmington completed its 2020 Comprehensive Land Use Plan.
Along with the mandate to update our Comprehensive Plan, the City was required to update its
Zoning Map to comply with the Comprehensive Land Use Plan map.
In April of this year staff sent letters to property owners who would be affected by the proposed
land use changes and the resulting rezoning of their property. On May 7, 2002 the proposed
Comprehensive Guide Plan amendment and the proposed Zoning Map revisions went before the
City Council for final approval. The Council directed staff to ensure that property owners
understood the potential impacts of the proposed amendments and revisions.
The City has proposed to amend the 2020 Comprehensive Plan to identify your property as
future commercial (along with properties along the 3rd Street corridor), and to rezone your
property to B-2 (General Business). This proposed action would not affect your ability to
continue to reside in your home, or to sell it to a purchaser who wanted to use it as a residence.
It is our understanding that this action will not affect the current assessed value of your home or
the current real estate taxes on your home, although you are welcome to contact the Dakota
County Assessor's Office to verify this information if you wish.
.
However, this proposed action would require you to get the Planning Commission's consent
before you expanded your home beyond its current "footprint", and it would prohibit the
construction of a new house on your lot if your current home was destroyed or moved to a
different site.
.
.
.
~(Q)~W
If you do not have any questions concerning the potential impacts of the rezoning of your
property, please review the attached Letter of Understanding and sign and return it in the pre-
stamped envelope.
If you would prefer to meet with City staff to discuss any questions that you may have regarding
the rezoning of your parcel and how this may affect the future use your property, staff members
will be available to meet with you on Tuesday, May 28th from noon to 4:30 p.m. or on
Wednesday, May 29th from 8 a.m. to 4:30 p.m. Please call me at (651) 463-1821 if you would
like to schedule an appoi tment.
Michael Schultz
Associate Planner
Cc: Kevin Carroll, Community Development Director
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
~(Q)~W
LETTER OF UNDERSTANDING
I, Roger Thorn, understand that my property, located at 305 Main Street, is proposed to be
amended within the 2020 Comprehensive Plan from High Density Residential to Business and to
be rezoned from R-2 (Medium Density Residential) to the B-2 (General Business) zoning
district.
I understand that the proposed action would not affect my ability to continue to reside in my
home, or to sell it to a purchaser who wanted to use it as a residence. I understand that this
action will not affect the current assessed value of my home or the current real estate taxes on my
home, although this would be determined by the Dakota County Assessor's Office.
I understand that the proposed action would require me to get the Planning Commission's
consent before any planned expansion of my home beyond its current "footprint", and would
also prohibit the construction of a new house on the lot if my current home was destroyed or
moved to a different site.
Roger Thorn, 305 Main Street
Date
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City of Farmington
325 Oak Street, Farmington. MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
FROM:
Kevin Carroll, Community Development Director
SUBJECT:
Hotel(s) in Industrial Park
DA TE:
July 9, 2002
INTRODUCTIONIDISCUSSION
During the past few months, City staff members have had discussions with various representatives of
AmericInn regarding the possibility of constructing a hotel in Farmington. Although several possible locations
have been under consideration, Mr. John Seibert of JCS Development recently expressed (on behalf of a
possible AmericInn franchise group) an interest in placing an AmericInn hotel on the "comer entrance lot" in
the Industrial Park (northwest comer of Highway 50 and Eaton Avenue). Hotels are neither permitted nor
conditional uses in the IP (Industrial Park) zoning district. Accordingly, a Zoning Code text amendment
would be required before the construction of a hotel on the Industrial Park lot in question could be allowed.
This item is on the agenda so that Planning Commission members can comment on whether they would
support, or not support, a text amendment of the type referred to above. As you will recall, the Planning
Commission and the City Council recently considered a similar text amendment issue regarding a mini-storage
facility that was proposed for exactly the same Industrial Park lot.
I have attached a June 21 Sl Memo from Mr. Seibert, along with a very preliminary site layout for the proposed
hotel. We have not yet asked for a substantial amount of additional information or detail from Mr. Seibert,
given the "threshold" nature of the text amendment issue.
ACTION REOUESTED
Staff members are seeking input regarding whether the Planning Commission would support a revision to the
Zoning Code that would make hotels a permitted or conditional use in the IP ("Industrial Park") zoning
district.
e. Carroll
Community Development Director
cc:
Mr. John Seibert, P.O. Box 636, Anoka MN 55303
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John Seibert
(763)421-0549
Fax Cover This is a confidential message. intended solely for the person to
whom it is addressed. If you receive this message in error,
please forward it to the correct person, or mail it back to us.
Thank you.
To Kevin Carroll
Fax No. 65'.463-259{
From Jo"n F. Seibert
Date 6/2'/02
Subject Site layout I Amerk:lnn Lodge & Suites
Pages 2, including this one
Kevin,
Please find attached a copy of a proposed layout for the
development of a 50 room Americlnn in the city of Farmington.
This project will require some assistance on the front end in
the way of T1F dollars or other financial assistance in an effort
to establish economic viability. In addition. as mentioned, we
have an interest In proceeding as soon as possible and to that
end it seems to make sense to develop a site within a TI F area
that ;s already platted and ready for development
We are requesting that you present this proposal to the city
staff to get their thoughts and input. Upon their revfew and
comments please give me a call to discuss this in further detail.
Again. thank you for your time on Thursday to discuss our
interest in Farmington.
John Seibert
CC: Truman Howell. Truman Howell Architects & Assoc., Ine.
p. 1
P. O. Box 636
Anoka, MN 55303
OYer nIght address
13941 Vinewood LN
Dayton. MN 55327
(763)421-2335
(763)42/-O549 Fax
Jun 25 02 10:15a
TRUMAN HOWELL ARCH
(763)421-0549
PAGE 02
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
City Planning Commission
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Ordinance Repealing Title 4 Chapter 3, Amending Section 10-6-3: Signs,
Billboards and Amending Section 10-2-1: Definitions
DATE:
July 9,2002
INTRODUCTION
The City of Farmington proposes to repeal Title 4 Chapter 3, amend Section 10-6-3 of the Farmington
City Code: Signs, Billboards and amend Section 10-2-1 of the Farmington City Code: Definitions. The
following information will be presented for discussion at the Planning Commission meeting.
DISCUSSION
During the Zoning Code Update process, City staff has been preparing revisions to the existing sign
ordinance for Planning Commission and City Council review. Discussions concerning the sign ordinance
were presented at the December 12, 2001 and May 28, 2002 Joint City Council/Planing Commission
meetings. At the meetings, it was determined that developers of new buildings should be allowed to
choose between a pylon sign and a monument sign for advertisement. City staff should encourage the
placement of monument signs, however pylon signs would be acceptable. Additionally, it was agreed
upon that a master sign plan for the proposed business park be prepared to provide uniformity in the
design of the signs in this area.
The attached sign ordinance shows strikethroughs as deletion of wording and underlines as additions to
the ordinance. The following are proposed additions of note to the sign ordinance:
I. The addition of monument signs in the "R" Districts to identify churches, public or parochial schools,
public buildings, or hospital and residential care facilities. There currently is no provision for these
signs excluding church signs in this district. Staff proposes to require the signs not to exceed 50
square feet in sign area and 1 0 feet in height.
2. The addition of monument signs in the B-1, B-2, B-3, B-4 and 1-1 Districts not to exceed 100 square
feet in sign area and 10 feet in height installed 10 feet from a property line.
3. The addition of monument signs in the BP District not to exceed 60 square feet and 6 feet in height
for single occupancy buildings and 75 square feet and 10 feet in height for multiple occupancy
buildings. The IP District currently has similar requirements.
4. The addition of monument signs in the SSC District not to exceed 100 square feet in sign area and 10
feet in height for single occupancy buildings under 100,000 square feet and 150 square feet in sign
area and 15 feet in height for single occupancy buildings over 100,000 square feet. For Multiple
. occupancy buildings, the monument sign shall not exceed 200 square feet in sign area and 20 feet in
height.
5. For property annexed into the City, any existing sign with flashing, moving, blinking, chasing, or
other animation effects shall be made compliant with the Farmington City Code.
ACTION REOUESTED
Review the proposed sign ordinance and provide comments concerning the recommendations.
Respectfully Submitted,
~
Lee Smick, AICP
Planning Coordinator
.
.
DRAFT
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.
10-2-1:
ADVERTISING SIGN: A billboard, posterpanel board, painted bulletin board, or other
communicative device which is used to advertise products, goods and/or services, any
part of which is not sold, produced, assembled, manufactured or furnished or otherwise
related to activities conducted on the premises on which such is located.
ANIMATED SIGN: Any sign that uses movement or change oflighting to depict action
or create a special effect or scene.
AREA OF IDENTIFICATION SIGN: A freestanding sign which identifies the name of
a neighborhood. a residential subdivision. a multiple residential complex of three or more
structures or ten or more units, a shopping center consisting of three or more separate
structures, an industrial area consisting of three or more structures or any combination of
the above.
AWNING: A sign that is part of or attached to an awning:. canopy. or other fabric.
plastic. or structural protective cover over a door. entrance. window. or outdoor service
area.
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BANNER: Any sign of lightweight fabric or similar material that is mounted to a pole or
a building at one or more edges. National flags. state or municipal flags. or the official
flag of any institution or business shall not be considered banners.
BEACONS: Any light with one or more beams, capable of being directed in any
direction or directions or capable of being revolved automatically.
BENCH SIGN: A sign attached to or painted on a bench for seating.
BUSINESS SIGN: A sign relating in its sl:1bjeot matter to the premise on whioh it is
looated or to prod1:lets, aeeommodations, serviees or activities thereon.
BUSINESS PARK DISTRICT: Area legally described as follows: beginning at the
point of intersection with the centerline of CSAH 50 and the centerline of CSAH 31 in
the City of Farmington. Minnesota. County of Dakota: thence easterly from said point
along said centerline of CSAH 50 to the point of intersection with the centerline of
CSAH 50 and the centerline of Denmark Avenue: thence southerly from said point along
said centerline of Denmark Avenue to the point of intersection with the centerline of the
South Creek of the Vermillion River: thence westerly from said point along said
centerline of the South Creek of the Vermillion River to the point of intersection the
westerly line of Section 36. Township 114 North. Range 20 West; thence northerly from
said point along said line of Section 36. Township 114 North. Range 20 West to the point
of beginning.
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CANOPY/W ALKW A Y: A permanent roof-like structure or cover which projects from
the wall of a building, or proiects over any entrance of walkway. A marquee is not a
canopy.
CONSTRUCTION SIGN: A sign placed at a construction site identifying the project or
the name of the architect, engineer, contractor, financier or other involved parties.
Construction signs are meant for temporary identification for not more than 30 days after
completion of the project.
DEVELOPMENT PROJECT SIGN: A temporary sign located on the site of a new
development. listing owners. developers, builders and similar identifying: information.
DIRECTIONAL SIGN: A sign erected upon private property to provide directions to a
location or used for directing on-site traffic.
DISTRICT: A specific zoning district as defined in the city zoning ordinance.
ELECTION SIGN: A temporary sign which displays information pertaining to an
upcoming governmental district. city, county, state or national election.
FACADE: That portion of any exterior elevation of a building extending from grade to
the top of the parapet wall or caves and the entire width of the building elevation.
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FLAG: Any fabric or bunting containing distinctive colors, patterns, or symbols, used as
a symbol of a government. political subdivision, or other entity.
FLASHING SIGN: An illuminated sign on which the artificial light is not maintained
constant in intensity and color at all times in which such sign is in use or any sign which
by mechanical means, appears to simulate a flashing sign.
HISTORIC DOWNTOWN BUSINESS DISTRICT: All property designated within the
B-2 zoning district.
ILLUMINATED SIGN: Any sign which has characters, letters, design or outlines
illuminated by artificial light directly to or from the interior of the sign.
INTEGRAL SIGN~ A sign carrying the name of a building, its date of erection,
monumental citations, commemorative tablets and the like when carved into stone or
made of bronze, or other permanent type of material and made an integral part of the
structure.
MARQUEE: A roof like structure projecting from and attached to a building. Any sign
attached to, in any manner, or made a part of a marquee. (i.e. - theater marquees)
MONUMENT IDENTIFICATION SIGN: A sign identifying by name a residential.
. commercial or industrial development which is attached to or supported by a monument
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structure which is freestanding on the ground. extending horizontally for a minimum of
80 percent (80%) of the entire length of the sign face. The sign shall be constructed of
anyone or combination of the following materials: brick. stone. decorative masonry.
plastic. aluminum. colored metals. or decay resistive wood.
MULTIPLE OCCUPANT SIGN: A sign identifying 2 or more tenants of a building or
shopping center.
MUNICIP AL ENTRANCE SIGNS: A sign identifying the City name located along
roadways at the borders ofthe City boundary.
NAMEPLATE SIGN: A sign indicating the name and/or address of a building. or the
name of an occupant thereof. and/or practice of a permitted occupation therein.
NONCONFORMING SIGN: Any advertising structure or sign which was lawfully
erected and maintained prior to the adoption of this Code which fails to conform to all
applicable regulations and restrictions of this Code.
OBSOLETE SIGN: Any sign which no longer advertises a bona fide business conducted
or products sold.
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PAINTED WALL SIGN: A sign which has been painted directly onto a building wall,
using the wall material as a base of the sign.
PORTABLE SIGN: A sign not attached to the ground and designed so as to be movable
from one location to another.
PUBLIC INFORMATION SIGN: Noncommercial signs in the public interest ereeted by,
or on the order of, a pub lie offieer iB the performance of his duties identifying events or
public information.
PYLON SIGN: Any stationary. self-supporting sign not affixed to any other structure
and supported by a pole(s).
REAL ESTATE SIGN: A temporary sign erected by a realtor or private individual for
purposes of advertising for sale or lease a particular building and/or parcel 0 f property.
READER BOARD SIGN: That portion of the sign used for removable letters and/or
numbers to convey messages.
ROOF LINE: The uppermost line of the roof of a building or in the case of an extended
facade. the uppermost height of such facade.
ROOf SIGN: f.. sign erected upon or above a roof or parapet of a building or above the
eaves in the ease of a hip, gable or FFlaRsard roof where the plane of the roof is less than
. sixty degrees (600) from the horizontal.
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. SIGN: A name. identification. description. display. illustration. structure. device which is
affixed to. or painted. or represented directly or indirectly upon a building or other
outdoor surface or a piece of land. and which directs attention to an obiect. product.
place. activity. person. institution. organization or business. A sign shall be considered as
a structure or part of a structure for the purpose of applying yard and height regulations.
SIGN AREA: That area measured within the perimeter lines of the sign which bears the
advertisement: or in the case of messages. figures. or symbols. including those attached
directly to any part of a building. The sign area encompasses the extreme limits of the
written message. representation. emblem or other displav used to convev the message of
the sign. together with anv material or color forming an integral part of the background of
the displav or used to differentiate the sign from the backdrop or structure against which
it is placed. The area of the sign face with more than one sign face shall be computed bv
adding together the area of all sign faces readable from anv one point. When two
identical sign faces are readable from anyone point. both shall be computed. When two
identical sign faces are placed back to back. the sign area shall be computed by the
measurement of one of the faces provided that both faces are not readable from anyone
point and the angle at which the two sign faces are placed does not exceed 45 degrees.
SIGN HEIGHT: The height of a sign shall be measured from the base of the sign at the
adiacent curb elevation to the top of the highest attached component of the sign.
. SIGN GRADE: The elevation or level ofthe ground at the place the sign is to be erected.
SINGLE OCCUPANT SIGN: A sign identifying 1 tenant of a building or in a
development.
SPRUCE STREET COMMERCIAL DISTRICT: Area legally described as follows:
beginning at the point of intersection with the centerline of CSAH 50 and the centerline
of CSAH 31 in the City of Farmington. Minnesota. County of Dakota: thence easterly
from said point along said centerline of CSAH 50 to the point of intersection with the
centerline of CSAH 50 and the centerline of Denmark Avenue: thence southerlv from
said point along said centerline of Denmark Avenue to the point of intersection with the
centerline of the South Creek of the Vermillion River: thence westerly from said l'oint
along said centerline of the South Creek of the Vermillion River to the point of
intersection the westerly line of Section 36. Township 114 North. Range 20 West: thence
northerly from said point along said line of Section 36. Township 114 North. Range 20
West to the point of beginning.
SNIPE SIGN: Any sign of any material whatsoever that is attached in any way to a
utility pole, tree or any object located or situated on public property.
STREET SIGN: For purposes of this Chapter. any reference to street herein shall mean
anv street or roadway. public or private. but not to include private drivewavs.
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TEMPORARY SIGN: f~ banner, peooant, poster or advertising display constructed of
cloth, canvas, fllastic, sheet, cardboard or other like materials ami intended to be
displayed for a limited period of time.
TRAFFIC DIRECTIONAL SIGN: A sign erected by a public agency for the purpose of
guiding vehicular and pedestrian traffic in a safe and convenient manner and which bears
no advertising information.
WALL SIGN: A sign affixed directly to the exterior wall or screening surface and
confined within the limits thereof and which project from that surface less than fifteen
inches (15") at all points.
WINDOW SIGN: Any sign. pictures. symbol. or combination thereof. designed to
communicate information about an activity. business. commodity. event. sale. or service.
that is placed inside a window or upon the window panes or glass and is visible from the
exterior of the window.
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10-6-3: Signs, Billboards
The following describes the purpose and intent of the sign regulations:
(A)Purpose: The purpose of this Chapter is to protect and promote the general welfare.
health. safety and aesthetics within the City through the establishment of
comprehensive standards. regulations and procedures governing the erection. use
and/or display of devices. signs or symbols serving as visual communicative media to
persons situated within or upon public rights of way or properties.
(B) Intent: The provisions of this Chapter are intended to encourage creatiyity. a
reasonable degree of freedom of choice. an opportunity for effective communication
and a sense of concern for visual amenities on the part of those designing. displaying
or otherwise utilizing needed communicative media of the types regulated by this
Chapter: while at the same time. assuring that the public is not endangered. annoyed
or distracted by unsafe. disorderly. indiscriminate or unnecessary use of such
communicative facilities.
(C) Permitted Signs:
The following signs are permitted uses subject to the following regulations:
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1. Real Estate Signs: For the temporary purpose of selling, renting or leasing property
individual lots. parcels. homes or buildings may be erected provided:
@) One sign may be placed per street frontage and located_within 15 feet of the right-of-
way line on the property to be sold or leased.
(Q1 The size of such sign shall be a maximum of six (6) square feet for residential
property and a maximum of thirty two (32) square feet for all other properties.
2. Development Project Sign: For the temporary purpose of selling or promoting a
development project or used as construction signs the following conditions shall
apply:
(a) ofthiee (3) For development projects of zero (0) to thirty (30) acres, thiee (3) one (1)
signs not to e]weed one 1:toodred (100) aggregate sq1:lGre feet each at a maximum of
thirty-two (32) square feet of sign area and not to exceed ten (10) feet in height may
be erected on the project site.
(b) For deyelopment projects of thirty (30) acres or greater, five (5) two (2) signs each at
a maximum of thirty-two (32) square feet not to exeeed two hun<ked (200) aggregate
sqi:lare feet of sign area and not to exceed ten (10) feet in height may be erected.
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(c) Said signs shall only be permitted after a final plat has been filed and a sign permit
application is approved.
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(d) Said signs shall be located at least ten (10) feet from the nearest property line on the
property to be sold or leased and in no case shall be permitted within the thirty (30)
foot triangle of visibility at public or private street intersections or driveway
intersections.
(e) Said signs shall be located at least fifty (50) feet from any existing or occupied
dwelling unit.
(D Said signs shall be removed when the residential development is ninety (90) percent
sold out or the multiple dwelling proiect is seventy-five (75) percent sold or rented.
3. Street Banners: Street bBanners may be placed on the front facade of a building in the
Historic Downtown Business District and in all other districts banners advertising a
public entertainment or event or a grand opening are permitted if specifically
approved by the City Zoning Officer and in locations designated by the Zoning
Officer. The following conditions apply:
(a) A sign permit is required for the banner and shall be valid for ten (10) consecutive
days. Permits shall be available at the frequency of one (1) permit during a twelve
(12) month period.
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(b) Only one (1) banner sign shall be permitted on the premises at one time and shall not
exceed one-hundred and fifty (150) square feet of sign area.
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(c) Minimum Setbacks: Banners shall be set back at least ten (10) feet from all property
lines and in no case shall be permitted within the thirty (30) foot triangle of visibility
at public or private street intersections or driveway intersections.
(d) Banner signs shall not be erected or maintained in such a manner as may endanger the
public safety. interfere with or obstruct pedestrian or vehicular travel. or create a
traffic safety problem.
(e) The City may place banners on street lights to display distinctive colors. patterns. or
symbols. used as a symbol of the City.
4. Beacons: Revolving beacons, beamed lights or similar devices shall be permitted, in
all "B" and "I" Districts provided that they do not so distract automobile traffic as to
constitute a safety hazard.
5. Temporary Sigas: There shall be no m.ore than ORe tem.porary siga iR any required
yard, and there shall be no more than three (3) suoh signs OR any lot, and the total area
of such sigas shall Rot e-xceed tweRty fiye (25) sqHW"e feet. Temporary sigas may be
illuminated.
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5. Election Signs: Political advertising of public elections are permitted on private
property in any zoning district with the expressed consent of the owner or occupant of
such property. The following conditions apply:
(a) Every campaign sign must contain the name and address ofperson(s) responsible for
such sign.
(b) Such signs may not be posted more than sixty (60) days prior to the election and must
be removed by those responsible for the erection of the sign or the property owner
within seven (7) days following the election.
(c) Such signs must be no larger than sixteen (16) square feet of sign area and shall not
exceed six (6) feet in height above grade.
(d) Such signs shall not be erected within the thirty (30) foot triangle of visibility at
lJublic or private street intersections or driveway intersections.
(e) Any sign found by the City to be in violation of this Section may be, without notice,
summarily dismantled, removed or otherwise rendered in compliance with this
Section by the City.
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Q. Window Signs: Permanent signs printed or otherwise displayed from the inside
surface on an individual window shall not exceed two (2) square feet or twenty five
percent (25%) of the total window area, whichever is greater.
7. Public Servioe Information Signs: Shall be allowed by conditional use in all districts
either on pylons or on the building face. Such sign area devoted to this shall be
limited to thirty two (32) one-hundred and fifty (150) square feet of sign area,
conform with setback requirements in each district, and may be illuminated subject to
timing and information controls stipulated as a condition to the conditional use
permit.
8. On-Premises Signs: For the purpose of identifying or advertising a business, person,
activity, goods, products or services located on the premises where the sign is
installed and maintained, signs shall be regulated as set forth in subsections -1 3 3(B)
and (C) 10-6-3 (F) 1.
9. Illuminated Signs: Except for temporary signs, illuminated signs shall be allowed in
"B" and "I" Districts and in the "R" District for churches, institutional uses, and
governmental uses. Such sign shall be illuminated only by steady, stationary, shielded
light sources directed solely at the sign, or internal to it, without causing glare for
motorists, pedestrians or neighboring premises as outlined in Section 10-6-8 ffi
Chapter 6 of the City Code dealing with exterior lighting.
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N No Trespassing Signs: No trespassing signs and no dumping signs shall not exceed
two (2) square feet in area per side and not to exceed four (4) in number per lot in "R"
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Districts. In the "A" cmd "C" Districts such signs shall not be less than three hundred
feet (300') apart. (Ord. 086-173,2-21-86)
11. Off-Premises Directional Signs: For the purpose of providing off-stfeet premise
direction to a residential project described in this subsection (A), or a new venture
less than twelve (12) months following occupancy permit, a public, religious or
nonprofit institution, or a use which, in the determination of the Planning
Commission, incurs substantial hardship from lack of reasonable identification as a
result of its location, a conditional use permit shall be required. Such sign shall not
exceed twenty five (25) square feet per face and such sign shall conform to the yard
requirements of the zoning district in which it is located. In addition, a directional
sign may be permitted for any uses which, in the determination of the Planning
Commission, incur substantial hardship from lack of reasonable identification as a
result of its location. If said sign is lighted, it shall be illuminated only during those
hours when business is in operation or when the model homes or other developments
are open for conducting business. (Ord. 093-320, 12-6-93)
1b On-Premises Directional Signs: Where one way access and egress drives are
incorporated in a site plan, a sign indicating traffic direction no more than fm:lf (4)
two (2) square feet may be placed at a driveway within five feet (5') of the street right
of way. A directional sign indicating the entrance to a two-way driveway may be
required where the Zoning Administrator Officer deems it is necessary to safely direct
the traveling public.
1L Awning Signs: Signs consisting of one line of letters not exceeding nine inches (9")
in height may be painted or placed upon the hanging border only of an awning. An
identification emblem, insignia, initial or other similar design, not exceeding eight (8)
square feet in area may be painted or placed elsewhere on an awning.
14. Painted Wall Signs: Painted wall signs shall be permitted only on structurally sound
and homogeneous surfaces. The Planning Commission must approve a painted wall
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IS. Church Signs: On-premises freestanding monument identification signs and attached
church signs shall be permitted in any district not to exceed seventy-five (75) square
feet per side. (Ord. 086-173, 2-21-86)
16. Marquee Signs: Signs may be placed on the roof of a covered walk or marquee in a
building complex on the vertical face of a marquee and may project from the lower
edge of the marquee not more than twenty four inches (24"), but the bottom of a sign
placed on a marquee shall be no less than eight feet (8') above the ground at any
point. No part of the sign shall extend above the top of the roof line for a covered
walk or above the top of the vertical face of the marquee. (Ord. 090-228,2-5-90)
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17. Municipal Entrance Sign: A sil$ll may be placed at the City boundary along a
roadway identifying the City name. Such sign shall not exceed one-hundred and fifty
(50) square feet and ten (0) feet in height.
~ Portable Signs:
(a) Sign Size And Placement: Established local businesses shall be allowed to display on
the sidewalk adjacent to their business, a portable two (2) sided sign, up to two feet
(2') wide and three feet (3') high, during regular business hours. Such signs shall be
placed in front of the business they promote and shall not restrict pedestrian traffic
flow.
(b) Permit Required: It shall be unlawful for any business to display a portable sign
without first having obtained a permit from the City. Application for a permit shall be
made in writing to the City Clerk Zoning Officer, and applicants shall state the
location of the proposed portable sign and such other facts as may be required and
applicable to the granting of such permit. The permit shall be valid for a period of up
to one year and is not transferrable to another business without authorization of the
Council.
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(c) Fees And Insurance: The fees required for this permit shall be paid at the office of the
City Clerk before the granting of the permit. The amount of the fee shall be as
provided from time to time by resolution of the Council. The City Clerk or a
Authorized City staff shall issue a receipt for the fee and issue the permit to the
applicant. No fee shall be prorated for a portion of a year, and no fee paid shall be
refunded unless the permit is denied. The applicant is required to take out and
maintain public liability and property damage insurance covering personal injury,
including death, and claims for property damage which may arise directly or
indirectly out of the use and/or placement of the portable sign. Limits for bodily
injury and death shall not be less than five hundred thousand dollars ($500,000.00)
for one person and one million dollars ($1,000,000.00) for each occurrence; limits for
property damage shall not be less than two hundred thousand dollars ($200,000.00)
for each occurrence; or a combination single policy of one million dollars
($1,000,000.00) or more. The City shall be named as an additional insured on the
policy, and the applicant shall file with the City a certificate evidencing coverage
prior to the City issuing a permit.
(d) Revocation Of Permit: Any permit issued by the City may be suspended or revoked
by the Council for any of the following causes:
(1) Conducting such permitted activity in such a manner as to constitute a breach of
the peace or menace to the health, safety or welfare of the public, or a disturbance
of the peace or comfort of residents of the City, or upon the recommendation of
the appropriate City official.
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(2) Expiration or cancellation ofthe required insurance coverage.
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(3) Actions unauthorized or beyond the scope of the permit granted.
(4) Violation of any regulation or provision of this Code applicable to the activity for
which the permit has been granted, or any regulation or law of the State so
applicable.
(5) Failure to continuously comply with all conditions required as precedent to the
approval of the permit.
(tl..Hearing: Any person aggrieved by the action of the Councilor any City official in
denying, suspending or revoking a permit shall have the right to a hearing before the
Council on any such action, provided a written request therefore is filed with the
~Zoning Officer within ten (10) days after receipt of the notice of such denial,
suspension or revocation. The Council may grant such permit or confirm any
suspension or revocation or reinstate any such permit. The action taken by the
Council after a hearing shall be final. (Ord. 095-358, 9-5-95)
~ Agricultural District Signs: Permitted and conditional uses within the agricultural
districts may utilize one sign per site to identify the location of services available and
products grown for sale. Such sign shall not exceed thirty (30) square feet. (Ord. 094-
331,4-18-94)
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20. Open house signs shall not exceed four (4) square feet, six (6) feet in height and the
disl'lay of signs is limited to the same day of the open house. Said signs may be
placed in the City boulevard but not erected within the thirty (30) foot triangle of
visibility at public or private street intersections or driveway intersections.
21. Temporary holiday signs and displays relating to non-commercial messages
associated with national. state or local holidays or festivals.
23. Integral signs displaying only the name, address of the building or date of
construction not to exceed two (2) square feet.
23. Garage/rummage sale signs on private property not to exceed two (2) square feet in
size and to be removed on the same day the sale ends.
24. Traffic/Street signs approved by the Director of Public Works.
25. Flags or insignia of any government.
(D) Prohibited Signs:
The following signs are prohibited as prescribed:
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1. Illuminated Signs: Illuminated signs shall not be permitted within the "A", .!!.G!!- and
"R" Districts.
2. Rotating, Moving, Animated, or Flashing Signs: Rotating, moving or flashing signs
shall not be permitted in any district.
3. Traffic Interference: No sign shall be erected that, by reason of position, shape or
color would interfere in any way with the proper functioning or purpose of a traffic
sign or signal.
4. Snipe Signs: There shall be no use of snipe signs anywhere within the City.
5. Roof Signs: Roof signs, roof advertising symbols, roof logos, roof statues or roof
sculptures shall not be permitted in any district. No sign shall extend above the roof
line.
6. Business and Advertising Signs: Such signs shall not be painted, attached or in any
manner affixed to trees, rocks or similar natural surfaces, nor shall such signs be
affixed to a fence or utility pole.
7. Public Rights of Way: No sign shall be upon or overhang any public right of way,
with the exception of B-2 Districts where an overhang of fifteen inches (15") is
possible.
8. Bench Sign: Bench signs shall not be permitted in any district. (Ord. 086-173, 2-21-
86)
9. Advertising Signs: Signs which advertise an activity, business, product or service
that has not been produced or conducted on the premises for more than thirty (30)
days and are considered obsolete. (Ord. 090-228, 2-5-90)
'133: SIGNS IN ANY DISTRICT:
.em Signs in G-aftd the :R: Districts:
1. G; R 1 and R 2 "R" Districts:
(a) One nameplate sign for each dwelling unit approved for a home occupation permit.
Such signs shall not exceed two (2) square feet in sign area per surface, shall not
exceed five feet (5') in height, and no sign shall have more than two (2) surfaces.
Nonconforming business uses shall be permitted one on-premises wall sign not
exceeding twenty (20) square feet in sign area.
(b) Set Back Requirements: Any nameplate sign over one foot (1 ') square in sign area
shall be set back at least ten feet (10') from any property line.
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(c) One monument identification sign at each principal entrance shall not to exceed fifty
(50) square feet in sign area or five (5) feet in height for residential developments
with three (3) or more single family or multi-family dwelling units. Said signs shall
be located at least ten (10) feet from the property line and in no case shall be
permitted within the thirty (30) foot triangle of visibility at public or private street
intersections or driveway intersections. Such signs shall not extend beyond the
drainage and utility easements on those lots adioining the principal entrances.
(d) One monument identification sign not to exceed fifty (50) square feet in sign area or
ten (10) feet in height for each public or parochial schooL public building. hospital
and residential care facility. Such signs shall be solely for the purpose of displaying
the name of the institution and its activities or services. Said signs shall be located at
least ten (10) feet from the property line and in no case shall be permitted within the
thirty (30) foot triangle of visibility at public or private street intersections or
driveway intersections. Such signs shall not extend beyond the drainage and utility
easements on those lots adioining the principal entrances.
(e) On-Premise/Traffic Directional Signs - Where one way access and egress drives are
incorporated in a site plan (church. public or parochial schooL public building.
hospital and residential care facility). a sign on the property indicating traffic
direction no more than two (2) square feet in sign area may be placed at a driveway
within five feet (5') of the street right of way. A directional sign indicating the
entrance to a two-way driveway may be required where the Zoning Officer deems it
is necessary to safely direct the traveling public.
2. R 3 Districts: 01'1e nameplate sign f-or each dVlelliNg grOlip of six (6) or more lH'lits,
and such sign shall Not exceed six (6) sqtlare feet iN area per slirfaee and NO sign shall
have more than t\'IO (2) smfooes. (Ord. 090 228,2 5 90)
3. Nameplate Sign: One baole to book nameplate sign for each permitted lise or lise by
conditionallise permit other than residential. RHeh sign shall 1'10t exceed thirty (30)
square feet in area per slirface. Raek to baek signs exeeediNg a ninety degree (900)
angle shall be measured as one smfaee. Sueh sign is permitted iN areas other than
residential by a eonaitionall:lse permit. (Ord. 093 321, 12 6 93)
1. Set Raok Reqairements: }JlY nameplate sign over one foot (1 ') sqaare shall be set
baek at least ten feet (10') from any property line.
5. Freestanding Signs: FreestandiNg signs shall be permitted for the purpose of
permanent identification of residential areas. .^...t eaoh priNeipal entranee ta stleh an
area a maximl:lffi of two (2) signs, not to exceed fifty (50) sql:l!He feet of sign area per
sign. Sueh signs shall not extend beyond the draiNage and tttility easemeets on those
lots adjoining the prineipal eFltranees. (Ord. 090 228, 2 5 90)
ill Signs in the R and I Distriets: 8-1. 8-2. 8-3. 8-4. and 1-1 Districts:
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1. Option A - Wall Signs: Under Option A only wall signs shall be allowed.
(a) The maximum number of signs on any principal building shall be two (2) and, in all
cases, each sign shall be placed on a separate wall frontage. The maximum size of
wall signs under Option A shall be as specified below.
(b) When a building faces two {2) or more streets, the total allowed sign area shall be
based upon the gross silhouetted area of the two (2) smaller building staes. facades
facing streets.
(c) For multiple occupancy buildings, each tenant may have one business sign, however,
the design, color and typeface shall be regulated by a plan developed by the property
owner and as approved by the Planning Commission. The following standards shall
apply to said signs:
(I) Multiple occupancy buildings shall submit a sign plan which will coordinate
signage for the entire project.
(2) The plan shall address height, location, size, number type, decorative theme,
design, color, and materials to be used on the building.
(3) The plan shall be reviewed and approved by the City Planner Planning
Coordinator prior to the issuance of a sign permit for the building.
(4) The owner of the building is responsible to obtain the sign permit, prescribe to the
approved sign criteria and insure that signs erected are in compliance with the
approved sign plan.
(d) Signs may be placed on the side of a building not facing a street, but the total sign
area on the building shall not exceed that allowed in Option A as follows:
ill OPTION A - WALL SIGN ONLY
Basic Size Size Based On Bldg. Facade
B-1 24 sq. ft. 12%
B-2 50 sq. ft. 16%
B-3 75 sq. ft. 18%
B-4 24 sq. ft. 12%
I-I 100 sq. ft. 20%
Maximum
300 sq. ft.
400 sq. ft.
400 sq. ft.
300 Sq. ft.
500 sq. ft.
2. Option B - Wall And Pylon Signs:
(a) Under Option B, both wall and pylon signs may be used, but only one pylon sign is
permitted. The maximum allowable sign area for any wall sign in this option shall be
specified below.
9
.
(b) When a building faces two (2) or more streets, the total allowed sign area shall be
based upon the gross silhouetted area of the two (2) smaller building stees facades
facing the streets.
(c) For multiple occupancy buildings a sign plan shall be prepared and approved with the
same conditions as listed under Option A above.
(d) Signs may be placed on the facade of the building not facing the street up to one sign
per tenant, but the total sign area shall not exceed that allowed in Option B as
follows:
(e) OPTION B - WALL AND PYLON SIGNS
Basic Size
B-1 24 sq. ft.
B-2 50 sq. ft.
B-3 75 sq. ft.
I-I 100 sq. ft.
(Ord.095-347,2-6-95)
Size Based On Bldg. Facade
10%
14%
16%
18%
Maximum
200 sq. ft.
300 sq. ft.
300 sq. ft.
400 sq. ft.
3. Pylon Signs:
.
(a) No pylon sign shall be located in a required yard, except monument freestafldiag
signs under six feet (6') in height may be located ten feet (10') from a street right of
way.
(b) Pylon signs shall not be closer to a driveway or parking space than five feet (5').
(c) Areas and height of pylon signs are controlled by the speed of automobile traffic
along the frontage street as follows:
Speed (mph)
30
35
40
45
50
55
Area (sq. ft.)
50
75
100
125
150
175
Height (feet)
18
20
22
24
26
28
(d) The area identification sign for a shopping center, stating the name of the center and
the major tenants, shall be allowed. The maximum size and height shall conform with
the requirements of subsection illfB)3( c) above excluding the Spruce Street
Commercial, Business Park. and Industrial Park Districts.
.
10
.
(e) A reader board sign may be attached to the pylon sign and shall not exceed twenty
percent (20%) of the sign area. The reader board shall be included in calculating the
allowable sign square footage as required in the individual district.
4. Monument Sign
(a) One monument sign for each principal structure or legal parcel. Signs shall not
exceed one-hundred (100) square feet in sign area per sign with a maximum height of
ten (10) feet. Said signs shall be located at least ten (0) feet from the nearest
l;)roperty line and in no case shall be permitted within the thirty (30) foot triangle of
visibility at public or private street intersections or driveway intersections.
(0) Signs in the BP and IP Districts
1. Single Occupant Building
(a) One monument sign for each principal structure or legal parcel. Lots adjacent to
more than one street may have one 0) sign per street frontage. Signs shall not exceed
sixty (60) square feet in sign area per sign with a maximum height of six (6) feet.
Said signs shall be located at least ten (0) feet from the nearest property line and in
no case shall be permitted within the thirty (30) foot triangle of visibility at public or
private street intersections or driveway intersections.
. (b) Wall- The total sign area on the building may not exceed the following:
Basic Size
100 sq. ft.
Size Based on Bldg. Facade
20%
Maximum
500 sq. ft.
2. Multiple Occupant Building
(a) One (1) monument sign may be erected on a lot. The sign shall not exceed seventy-
five (75) square feet in sign area and ten (0) feet in height. Monument signs may
include the name of the development and up to four (4) tenants of the development.
Said signs shall be located at least ten (0) feet from the nearest property line and in
no case shall be permitted within the thirty (30) foot triangle of visibility at public or
private street intersections or driveway intersections.
(b) Wall- The total sign area on the building may not exceed the following:
Basic Size
100 sq. ft.
Size Based on Bldg. Facade
20%
Maximum
500 sq. ft.
3. On-Premise/Traffic Directional Signs - Where one way access and egress drives are
incorporated in a site plan, a sign indicating traffic direction no more than two (2)
square feet in sign area may be placed at a driveway within five feet (5') of the street
. right of way. A directional sign indicating the entrance to a two-way driveway may
11
.
be required where the Zoning .^..dministrator Officer deems it is necessary to safely
direct the traveling public.
4. Multiple occupancy buildings shall submit a sign plan which will coordinate signage
for the entire proiect. ~ The plan shall address height, location, size, number type,
decorative theme, desi~. color and materials to be used on the building. ~ The
plan shall be reviewed and approved by the City PlaIHler Zoning Officer prior to the
issuance of a sign permit for the building. f4t The owner of the building is
responsible to obtain the sign permit. prescribe to the approved sign criteria and
insure that signs erected are in compliance with the approved sign plan.
(H) Signs in the SSC District:
1. Single Occupant Building
(a) Under 100.000 square feet - One (1) monument sign for each principal structure or
legal parcel. Lots adiacent to more than one street may have one (1) sign per street
frontage. Signs shall not exceed one-hundred (100) square feet in sign area per sign
with a maximum height often (10) feet. Said signs shall be located at least ten (10)
feet from the nearest property line and in no case shall be permitted within the thirty
(30) foot triangle of visibility at public or private street intersections or driveway
intersections.
.
(b) Over 100.000 square feet - One (1) monument sign for each principal structure or
legal parcel. Lots adiacent to more than one street may have one (1) sign per street
frontage. Primary sign shall not exceed one-hundred and fifty (150) square feet in
sign area per sign with a maximum height of fifteen (15) feet: secondary street
frontage sign shall not exceed sixty (60) square feet in area per sign with a maximum
height of six (6) feet. Said signs shall be located at least ten (10) feet from the nearest
property line and in no case shall be permitted within the thirty (30) foot triangle of
visibility at public or private street intersections or driveway intersections.
(b) Wall- The total sign area on the building may not exceed the following:
Basic Size
50 SQ. ft.
Size Based on Bldg. Facade
16%
Maximum
400 sq. ft.
(c) Marquee signs are allowed on theater buildings in the SSC District.
2. Multiple Occupant Building
.
(a) One (1) monument si~ may be erected on a lot. Lots adiacent to more than one
street may have one (1) sign per street frontage. Primary sign shall not exceed two-
hundred (200) square feet in sign area per sign with a maximum height oftwenty (20)
feet; secondary street frontage sign shall not exceed seventy-five (75) square feet in
sign area per sign with a maximum height of six (6) feet. Monument signs may
12
.
include the name of the development and up to four (4) tenants of the development.
Said silIDs shall be located at least ten (10) feet from the nearest property line and in
no case shall be permitted within the thirty (30) foot triangle of visibility at public or
private street intersections or driveway intersections.
(b) Wall - The total sign area on the building may not exceed the following:
Basic Size
50 sq. ft.
Size Based on Bldg. Facade
16%
Maximum
400 sq. ft.
3. On-Premise/Traffic Directional Signs - Where one way access and egress drives are
incorporated in a site plan. a sign indicating traffic direction no more than two (2)
square feet in sign area may be placed at a driveway within five feet (5') of the street
right of way. A directional sign indicating the entrance to a two-way driveway may
be required where the Zoning .f~dministrator Officer deems it is necessary to safely
direct the traveling public.
.
4. Multiple occupancy buildings shall submit a sign plan which will coordinate signage
for the entire proiect. ~ The plan shall address height. location. size. number type.
decorative theme. design. color and materials to be used on the building. ~ The
plan shall be reviewed and approved by the City Planaer Zoning Officer prior to the
issuance of a sign permit for the building. (4t The owner of the building is
responsible to obtain the sign permit. prescribe to the approved sign criteria and
insure that signs erected are in compliance with the approved sign plan.
-1. Marq1:lee Signs: Signs may be plaeed on the roof of a eO'lared walk or marq1:lee in a
building eamplex on the '/ertieal face of a marq1:lee and may project from the lower edge
ofthe marquee not more than twenty f01:li" inehes (24"), bm the bottom ofa sigH plaeed Oft
a marq1:lee shall be no less than eight feet (8') abo'le the gro1:lnd at afty point. No part af
the sigH shall e~{teB:d above the top of the roof line for a eovered walk or above the top of
the vertieal faee ofthe marqaee. (Ord. 090 228,2 5 90)
5. Portable SigHS:
(a) SigH Size And Plaeement: Established loeal basiaesses shall be allowed to display on
the sideY/alk adjacent to their business, a portable two (2) sided sigH, up to two feet
(2') wide and three feet (3') high, during regular busiaess homs. Sueh sigHS shall be
placed in front of the business they promote cmd shall not restriet pedestrian traffie
4lew:
.
(b) Permit Req1:lired: It shall be unlawful for any blisiness to display a portable sigH
witholit first ha'/iag obtained a permit from the City. Application for a permit shall be
made in writing to the City Clerk, and applieants shall state the looation of the
proposed portable sigH and slieh other facts as may be req1:lired and applieable to the
granting of slieh permit. The permit shall be valid f-or a period of lip to one year and is
not transferrable to another b1:lsiness witho1:lt a1:lthorization of the Council.
13
.
(0) Fees And InslHanoe: The f-ees required for this permit shall be paid at the office of the
City Clerk bef-ore the granting of the permit. The amount of the f-ee shall be as
pro'/ided from time to time by resolution of the Cooooil. The City Clerk or authorized
City staff shall isstie a receipt for the fee and issue the permit to the applieant. No fee
shall be prorated for a portion of a year, and no f-ee paid shall be refunded rmless the
permit is denied. The applieant is reql:lired to take oat and maintain ptiblic liability
and property damage inslHance eovering personal injury, incffiding death, and claims
for property damage which may arise direetly or indireetly out of the lise and/or
plooement of the portable sign. Limits f-or bodily injury and death shall not be less
than five hoodred thousand dollars ($500,000.00) for one person and one million
dollars ($1,000,000.00) for each occurrence; limits for property damage shall not be
less than two hrmdred thousand dollars ($200,000.00) for eaeh OCCl:lrrenee; or a
combinatioR single poliey of ORe million dollars ($1,000,000.00) or more. The City
shall be named as an additioRal inslHed on the policy, and the applieam shall file with
the City u certificate eyidencing coyerage prior to the City issuing a permit.
(d) Re'/ocatioR Of Permit: l\ny permit issued by the City may be suspended or revoked
by the Council for any of the follo'lIing causes:
.
(1) CondHctiRg sl:leh permitted actiyity in such a mar.ner as to <Joflstitl:lte a breach of the
peace or menaee to the health, safety or 'l/elfare of the pl:lblie, or a distl:Kbance of the
peaee or comf-ort of residents of the City, or lipon the reeoIIlHlendation of the
appropriate City official.
(2) Expiration or eanoellation of the required inslHance coverage.
(3) l\ctioflS ooauthorized or beyond the seope ofthe permit gmnted.
(1) Violation of any regulation or provision of this Code applicable to the aetivity for
whieh the permit has been granted, or any regulation or 18:':1 ofthe State so applicable.
(5) FaillHe to eofltinuotisly comply with all eonditions reql:lired as preeedent to the
upproyal ofthe permit.
(e) Hearing: i\ny perSOR aggrieved by the aotion of the Cooocil or any City offieial ill
denying, suspending or revoking a permit shall have the right to a hearing before the
Council on any such action, provided a v/ntten request therefor is filed with the Clerk
within ten (10) days after reeeipt of the notiee of such denial, suspension or
revoeation. The Couneil may grant slieh permit or eOflfirm any suspension or
revocation or reinstate any Sl:lOfl permit. The ootion taken BY the Coooeil after a
hearing shall be final. (Ord. 095 358, 9 5 95)
fG}.QLAdvertising Signs:
.
14
.
.
.
1. Billboards and other off-premises advertising signs shall be permitted only in l-the I-I
Districts and only along CSAH 50 and TH 3.
2. A conditional use permit is required for all billboard and other off-premises
advertising signs.
3. The maximum sign size shall be three hundred (300) square feet in sign area.
Billboards may incorporate cutouts protruding beyond the framed perimeter of the
sign face, providing the total sign area does not exceed three hundred fifty (350)
square feet.
4. The maximum height to the uppermost portion of any advertising device shall be
thirty feet (30'). The building setback limitation for the zoning district in which the
sign is located shall apply to setbacks for advertising signs.
5. The minimum radius distance between advertising signs shall be one thousand five
hundred feet (1,500').
6. No billboard or other off-premises advertising sign structure shall be constructed
within five hundred feet (500') of any park or residential zoning district.
7. No billboard or other off-premises advertising sign shall be located closer to any
intersection than five hundred feet (500').
8. Billboards and other off-premises advertising signs shall be a single support, metal
structure, free of supports or guy wires. The metal shall be treated in such a manner as
to prevent deterioration.
9. Billboards may be illuminated provided that there are no flashing, intermittent or
moving lights; and that beams or rays of light are not directed toward any portion of
public streets.
10. Billboards and other off-premises advertising signs are permitted in undeveloped land
areas. When a plat is approved and improvements are in place, the billboard must be
removed from the site. (Ord. 090-228, 2-5-90)
11. Scoreboards on public school property may include billboards and advertising signs
in any district.
(J) Athletic Complex Scoreboards:
Freestanding si~s shall be permitted on public school property as follows:
Scoreboards may be located only at the varsity and lunior varsity playing fields at the
northeast intersection of Akin Road and CSAH 50 and on the parcel at 800 Denmark
Avenue. One scoreboard may be erected for each competitive playing field and is
restricted to a maximum of 6'6" in height by 27' in length. The maximum height of
15
.
the scoreboard at installation is 20 feet. The scoreboards at the varsity and lunior
varsity baseball fields may display non-illuminated advertisement panels located on
the bottom perimeter of the front of the scoreboard and shall not exceed 2 feet in
height or 27 feet in width. A second non-illuminated advertisement panel may be
located on the back of the scoreboard at the top of the scoreboard perimeter and shall
not exceed 3 feet in height or 27 feet in width. One business may be advertised on
both sides of the scoreboard and shall display the exact same sign. Team logos.
names and field location may be located on the front of the scoreboard at the top of
the scoreboard perimeter and shall not exceed 2 feet in height and 27 feet in width.
Team logos. names and field location may also be located on the back of the
scoreboard and shall not exceed 2 feet in height and 27 feet in width. The
scoreboards located at 800 Denmark Avenue may display non-illuminated
advertisement panels on the bottom perimeter of the scoreboard and may not exceed 2
feet in height or 27 feet in length. Team logos. names and field location may be
shown on a panel located on the top perimeter of the scoreboard and may not exceed
2 feet in height or 27 feet in length. A second non-illuminated advertisement panel
may be located on the back of the scoreboard at the top of the scoreboard perimeter
and shall not exceed 3 feet in height or 27 feet in width. One business may be
advertised on the back of the scoreboard.
(K)NONCONFORMING SIGNS:
.
General Provisions:
1. Continuation of Use. A nonconforming sign lawfully existing upon the effective date
of this Chapter may be continued at the size and in the manner existing upon such
date except as hereinafter specified.
2. Upon adoption of this Chapter. a nonconforming sign shall not be:
(a) Structurally changed to another nonconforming sign of altered to prolong the life of
the sign. except to meet safety requirements.
(b) Structurally altered except to bring it into compliance with the provisions of this
Chapter.
(c) Expanded or enlarged so as to increase the degree of nonconformity of the sign.
(d) Continued in use if a change of use occurs as defined in the zoning ordinance. or if
the premises promoted by the sign comes under new ownership or tenancy and such
sign is proposed to be remodeled. repainted or otherwise changed for the purpose of
displaying the new name or other new identification of the premises.
( e) Repaired or otherwise rehabilitated after damage. destruction or deterioration of more
than 50 percent. except to bring into conformance with this Chapter.
.
16
.
3. Nonconforming Sign Maintenance and Repair. Nothing in this Chapter shall be
construed as relieving the owner of use of a legal nonconforming sign or owner of the
property on which the legal nonconforming sign is located from the provisions of this
Chapter regarding safety, maintenance and repair of signs. 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 wav which makes it more
nonconforming or the sign shall lose its legal nonconforming status.
4. Nonconforming Signs Annexed to the City. All existing signs with flashing. moving.
blinking. chasing or other animation effects not in conformance with the provisions of
this Chapter and located on property annexed into the City upon the effective date of
this Chapter. shall be made so than such flashing. blinking. chasing or other
animation effects shall cease with sixty (60) days after such annexation. All other
existing signs located on property annexed into the City upon the effective date of this
Chapter that are not in conformance with this Chapter shall be brought into
conformance with sixty (60) days after such annexation.
.
:\flY sign that is nOfleoaformiag to the requirements of this Chapter, whether by yarianee
previously granted or by eoaformanee to e){isting sign regHlatiofls at the time the original
permit for said sign was issued, shaH either be remoyed or Brought lip to eode
requirements ':/ithin the time period preseribed herein dating flam the effeetive date of
this Chapter.
Amortization Sebedule
Acmal Cost of Sign Period for Removal
$500.00 or less 3 1/2 years
500.01 to 1,000.00 3 1/2 years
1,000.01 to 2,500.00 1 1/2 years
O','er $2,500.01 5 1/2 years
(Ord. 088 209,9 19 88)
(L) PERMIT REQUIREMENTS
1. No sign shall be erected, changed or relocated without a permit issued by the Zoning
Officer. Any sign involving electrical components shall be wired by a licensed
electrician. The permit application shall be signed by the applicant. When the
applicant is any person other than the owner of the property, it shall also be signed by
the owner of the property. The application shall contain the following information:
(a) Name, address and telephone number of the property owner, sign owner and erector.
(b) Location of the sign or structure.
(c) Scaled drawing showing position of the sign in relation to the nearest buildings,
structures, public streets, right of ways and property lines.
.
17
.
.
.
(d) Plans and specifications and method of construction or attachment to the building or
in the ground, including all dimensions, showing all light sources, wattage, type and
color of lights, and details of any light shields or shades.
(e) Other information as may be required by the Zoning Officer.
(M)Fees: The schedule of fees for sign permits is established each year by the City
Council. Signs which require a conditional use permit must pay both a sign permit fee
and a conditional use permit fee. No fee shall be required for the signs listed below:
1. Public signs
2. Temporary signs
3. Temporary real estate signs
4. Integral
5. Announcements of concerts, plays, lectures and club activities
6. Election signs
7. No trespassing signs
8. Interior window signs
9. On-premises directional signs
10. Nameplate signs
In addition, fees may be waived by the City Council for signs containing a religious,
civic, school or public interest subject.
(N)CANCELLATION:
A sign permit shall be null and void if the work for which the permit was issued has
not been completed within a period of six (6) months after the date of the permit. A
permit may be renewed one time and no additional fee shall be collected for renewal.
(0) REMOVAL OF SIGNS:
The Zoning Officer shall order the removal of any sign erected or maintained in
violation of this Chapter. Thirty (30) days' notice in writing shall be given to the
owner of the building, structure or premises on which such sign is located, to either
bring the sign into compliance with the Chapter or effect its removal.
(P) FINES:
Any person, organization, corporation or their representatives, found in violation of
this Chapter shall be guilty of a misdemeanor and upon conviction, shall be punished
by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for not
more than ninety (90) days, or both. Each day that a violation exists shall constitute a
separate and distinct offense, punishable as aforesaid.
(Q)APPEALS:
18
.
.
.
To provide for a reasonable interpretation of the provisions of this Chapter, a permit
applicant who wished to appeal an interpretation by the G#y Zoning Officer may file
a notice of appeal with the Planning Commission and request a hearing. The
Commission shall hear appeals or requests by the following cases:
Appeals where it is alleged that there is an error in any order, requirement, decision or
determination made by the Zoning Officer in the enforcement of this Chapter.
Request for variances from the literal provisions of this Chapter in instances where their
strict enforcement would cause undue hardship. (Ord. 086-173, 2-21-86)
(R) SEVERANCE CLAUSE:
If any section, clause or provision or portion thereof, of this Chapter shall be found to
be invalid or unconstitutional by any court of competent jurisdiction, such decision
shall not affect any other section, clause, provision or portion thereof of this Chapter.
(Ord. 086-173,2-21-86)
(S) REVOKE PERMIT:
The Zoning Officer is authorized and empowered to revoke any permit upon failure
of the holder of said permit thereof, to comply with any provisions of this Chapter.
(Ord. 086-173,2-21-86)
(T) MAINTENANCE:
All signs shall be maintained in a safe, presentable and good structural condition at all
times. Maintenance shall include painting, repainting, cleaning, replacement or repair
of defective parts and other necessary acts.
Any sign which is found in a dangerous or defective condition, shall be removed or
repaired by the owner of the sign or the owner of the premises on which the sign is
located. (Ord. 086-173, 2-21-86)
19
4-3-1
.
SECTION:
4-3- 1:
4-3- 2:
4-3- 3:
4-3- 4:
4-3- 5:
4-3- 6:
4-3- 7:
4-3- 8:
4-3- 9:
4-3-10:
4-3-11:
4-3-12:
.
4-3-1 :
4-3-1
CHAPTER 3
~
SIGNS; BILLBOARDS
cYI:577#6- D~DI4'A~c:e
~
Definitions
Permitted and Prohibited Signs
Signs in any District
Nonconforming Signs
Permit Requirements
Cancellation
Removal of Signs
Fines
Appeals
Severance Clause
Revoke Permit
Maintenance
, ,......., \
DEFINITIONS:
- '--'"
SIGNS: Any written announcement, declaration, demonstration, display, illustration,
insignia or illumination used to advertise or promote the interest of any person or per-
sons when the same is displayed or placed out of doors in the view of the general
public, or a pylon exterior wall or building surface. A sign shall be considered as a struc-
ture or part of a structure for the purpose of applying yard and height regulations ex-
cept as herein stipulated.
ADVERTISING SIGN: A billboard, posterpanel board, painted bulletin board. or other
communicative device which is used to advertise products, goods and/or services. any
part of which is not sold, produced, assembled, manufactured or furnished or other-
wise related to activities conducted on the premises on which such sign ;s located.
AWNING: A nonrigid hood or cover projecting from a building, which may be folded,
collapsed or retracted against the building.
BEACONS: Any light with one or more beams, capable of being directed in any direc-
tion or directions or capable of being revolved automatically.
.
Tnis Chapter previously suoplemented: 272;772;784
:36
4-3-1
4-3-1
BENCH SIGN: A sign attached to or painted on a bench for seating.
.
BUSINESS SIGN: A sign relating in its subject matter to the premise on which it is
located or to products, accommodations, services or activities thereon.
DIRECTIONAL SIGN: A sign erected on private property for the purpose of directing
vehicular and pedestrian traffic to public facilities or functions.
ELECTION SIGN: Political advertising on private property with the expressed consent
of the owner or occupant of such property.
ILLUMINA TED SIGN: Any sign which has characters, letters, design or outlines il-
luminated by artificial light directly to or from the interior of the sign.
INTEGRAL SIGN: A sign carrying the name of a building, its date of erection, monumen-
tal citations, commemorative tablets and the like when carved into stone or made of
bronze, or other permanent type of material and made an integral part of the structure.
MARQUEE and/or CANOPY: A roof like structure projecting from and attached to a
building.
NONCONFORMING SIGN: Any advertising structure or sign which was lawfully erected
and maintained prior to the adoption of this Code which fails to conform to all ap-
plicable regulations and restrictions of this Code.
PAINTED WALL SIGN: A sign which has been painted directly onto a building wall,
using the wall material as a base of the sign.
.
PORTABLE SIGN: A sign not attached to the ground and designed so as to be movable
from one location to another.
PUBLIC SIGN: Noncommercial signs in the public interest, erected by, or on the order
of, a public officer in the performance of his duties.
REAL ESTATE SIGN: A temporary sign erected by a realtor or private individual for
purposes of advertising for sale or lease a particular building and/or parcel of property.
ROOF SIGN: A sign erected upon or above a roof or parapet of a building or above
the eaves in the case of a hip, gable or mansard roof where the plane of the roof is
less than sixty degrees (600) from the horizontal.
.
SNIPE SIGN: Any sign of any material whatsoever that is attached in any way to a
utility pole, tree or any object located or situated on public property.
TEMPORARY SIGN: A banner, pennant, poster or advertising display constructed of
cloth, canvas, plastic. sheet, cardboard or other like materials and intended to be
displayed for a limited period of time.
e.
286
4-3-1
4-3-2
.
WALL SIGN: A sign affixed directly to the exterior wall or screening surface and con-
fined within the limits thereof and which project from that surface less than fifteen
inches (1 5") at all points.
---'
4-3-2:
PERMITTED AND PROHIBITED SIGNS:
(A) The following signs are permitted uses subject to the following regulations:
1. Temporary Real Estate Signs: For the purpose of selling, renting or leasing
property, one sign may be placed per street frontage within fifteen feet (15' l
of the right-of-way line, on the property to be sold or leased. The size of such
sign shall be a maximum of six (6) square feet for residential property and a
maximum of thirty two (32) square feet for all other properties.
2. Signs for Promoting and/or Selling a Development Project: For the purpose
of selling or promoting a development project of three (3) to thirty (30) acres.
three (3) signs not to exceed one hundred (100) aggregate square feet of adver-
tising surface may be erected on the project site. For projects of thirty (30)
acres or greater, five (5) signs not to exceed two hundred (200) aggregate square
feet of advertising surface may be erected.
3. Street Banners: Street banners advertising a public entertainment or event
are permitted if specifically approved by the City Zoning Officer and in loca-
tions designated by the Zoning Officer.
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4. Beacons: Revolving beacons, beamed lights or similar devices shall be per-
mitted in all "B" and "I" Districts provided that they do not so distract
automobile traffic as to constitute a safety hazard.
5. Temporary Signs: There shall be no more than one temporary sign in any
required yard, and there shall be no more than three (3) such signs on any lot.
and the total area of such signs shall not exceed twenty five (25) square feet.
Temporary signs may be illuminated.
6. EJection Signs: Political advertising of public elections are permitted on private
property in any zoning district with the expressed consent of the owner or oc-
cupant of such property. Such signs may not be posted more than sixty (60l
days prior to the election and must be removed by those responsible for the
erection of the sign or the property owner within seven (7) days following the
election. Such signs mus: be no larger than sixteen (16) square feet.
7. Window Signs: Permanent signs printed or otherwise displayed from the in-
side surface on an individual window shall not exceed two (2) square feet or
twenty five percent (25%) of the total window area, whichever is greater.
8. Public Service Information Signs: Shall be allowed by conditional use in all
districts either on pylons or on the building face. Such sign area devoted
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to this shall be limited to thirty two (32) square feet in area, conform
with setback requirements in each district, and may be illuminated
subject to timing and information controls stipulated as a condition to
the conditional use permit.
9. On-Premises Signs: For the purpose of identifying or advertising a
business, person, activity, goods, products or services located on the
premises where the sign is installed and maintained, signs shall be
regulated as set forth in subsections 4-3-3(B) and (C).
10. Illuminated Signs: Except for temporary signs, illuminated signs
shall be allowed in "B" and "\" Districts. Such sign shall be
illuminated only by steady, stationary, shielded light sources directed
solely at the sign, or internal to it, without causing glare for
motorists, pedestrians or neighboring premises as outlined by the
section in Chapter 6 of the Zoning Ordinance dealing with exterior
lighting.
11. No Trespassing Signs: No trespassing signs and no dumping
signs shall not exceed two (2) square feet in area per side and not to
exceed four (4) in number per lot in "R" Districts. In "A" and "C"
Districts such signs shall not be less than three hundred feet (300')
apart. (Ord. 086-173, 2-21-86) "
12. Off-Premises Directional Signs: For the purpose of providing off
street direction to a residential project described in this subsection
(A), or a new venture less than twelve (12) months following
occupancy permit, a public, religious or nonprofit institution, or a use
which, in the determination of the Planning Commission, incurs
substantial hardship from lack of reasonable identification as a result
of its location, a conditional use permit shall be required. Such sign
shall not exceed twenty five (25) square feet per face and ~uch--sign"
shall conform to the yard requirements of the zoning di~trict in which
it is located. In addition, a directional sign may be p~mitted for any
uses which, in the determination of the Planning Commission, incur
substantial hardship from lack of reasonable identification as a result
of its location.. If said sign is lighted, it shall be illuminated only
during those hours when business is in operation or when the model
homes or other developments are open for conducting business.
(Ord. 093-320, 12-6-93)
13. On-Premises Directional Signs: Where one way access and
egress drives are incorporated in a site plan, a sign indicating traffic
direction no more than four (4) square feet may be placed at a
driveway within five feet (5') of the street right of way. A directional
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sign indicating the entrance to a two-way driveway may be required
where the Zoning Administrator deems it is necessary to safely direct
the traveling public.
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14. Awning Signs: Signs consisting of one line of letters not
exceeding nine inches (9") in height may be painted or placed upon
the hanging border only of an awning. An identification emblem,
insignia, initial or other similar design, not exceeding eight (8) square
feet in area may be painted or placed elsewhere on an awning.
15. Painted Wall Signs: Painted wall signs shall be permitted only on
structurally sound and homogeneous surfaces.
16. Church Signs: On-premises freestanding and attached church
signs shall be permitted in any district not to exceed seventy five
(75) square feet per side. (Ord. 086-173, 2-21-86)
17. Agricultural District Signs: Permitted and conditional uses within
agricultural districts may utilize one sign per site to identify the
location of services available and products grown for sale. Such sign
shall not exceed thirty (30) square feet. (Ord. 094-331, 4-18-94)
The following signs are prohibited as prescribed:
1. Illuminated Signs: Illuminated signs shall not be permitted within
the "A", "C" and "R" Districts.
2. Rotating, Moving or Flashing Signs: Rotating, moving or flashing
signs shall not be permitted in any district.
3. Traffic Interference: No sign shall be erected that, by reason of
position, shape or color would interfere in any way with the proper
functioning or purpose of a traffic sign or signal.
4. Snipe Signs: There shall be no use of snipe signs anywhere within
the City.
5. Roof Signs: Roof signs, roof advertising symbols, roof logos, roof
statues or roof sculptures shall not be permitted in any district. No
sign shall extend above the roof line.
6. Business and Advertising Signs: Such signs shall not be painted,
attached or in any manner affixed to trees, rocks or similar natural
surfaces, nor shall such signs be affixed to a fence or utility pole.
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7. Public Rights of Way: No sign shall be upon or overhang any
public right of way, with the exception of B-2 Districts where an
overhang of fifteen inches (15") is possible.
8. Bench Sign: Bench signs shall not be permitted in any district.
(Ord. 086-173, 2-21-86)
9. Advertising Signs: Signs which advertise an activity, business.
product or service that has not been produced or conducted on the
premises for more than thirty (30) days. (Ord. 090-228, 2-5-90)
4-3-3: SIGNS IN ANY DISTRICT:
(A) Signs in C and R Districts:
1. C, R-1 and R-2 Districts: One nameplate sign for each dwelling
unit. Such signs shall not exceed two (2) square feet in area per
surface, shall not exceed five feet (5') in height, and no sign shall
have more than two (2) surfaces. Nonconforming business uses shall
be permitted one on-premises wall sign not exceeding twenty (20)
square feet in area.
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2. R-3 Districts: One nameplate sign for each dwelling group of six
(6) or more units, and such sign shall not exceed six (6) square feet
in area per surface and no sign shall have more than two (2)
surfaces. (Ord. 090-228, 2-5-90)
3. Nameplate Sign: One back to back nameplate sign for each
permitted use or use by conditional use permit other than residential.
Such sign shall not exceed thirty (30) square feet in area per
surface. Back to back signs exceeding a ninety degree (900) angle
shall be measured as one surface. Such sign is permitted in areas
other than residential by a conditional use permit. (Ord. 093-321,
12-6-93)
4. Set Back Requirements: Any nameplate sign over one foot (1 ')
square shall be set back at least ten feet (10') from any property
line.
5. Freestanding Signs: Freestanding signs shall be permitted for the
purpose of permanent identification of residential areas. At each
principal entrance to such an area a maximum of two (2) signs, not
to exceed fifty (50) square feet of sign area per sign. Such signs
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shall not extend beyond the drainage and utility easements on those
lots adjoining the principal entrances. (Ord. 090-228. 2-5-90)
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(8) Signs in the 8 and I Districts:
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1. Option A - Wall Signs: Under Option A only wall signs shall be
allowed.
(a) The maximum number of signs on any principal building shall
be two (2) and, in all cases, each sign shall be placed on a separate
wall frontage. The maximum size of wall signs under Option A shall
be as specified below.
(b) When a building faces two (2) or more streets, the total
allowed sign area shall be based upon the gross silhouetted area of
the two (2) smaller building sides facing streets.
(c) For multiple occupancy buildings, each tenant may have one
business sign, however, the design, color and typeface shall be
regulated by a plan developed by the property owner and as
approved by the Planning Commission. The following standards shall
apply to said signs:
(1) Multiple occupancy buildings shall submit a sign plan
which will coordinate signage for the entire project.
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(2) The plan shall address height, location, size, number type,
decorative theme, design, color and materials to be used on
the building.
(3) The plan shall be reviewed and approved by the City
Planner prior to the issuance of a sign permit for the building.
(4) The owner of the building is responsible to obtain the sign
permit, prescribe to the approved sign criteria and insure that
signs erected are in compliance with the approved sign plan.
(d) Signs may be placed on the side of a building not facing a
street, but the total sign area on the building shall not exceed that
allowed in Option A as follows:
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OPTION A - WALL SIGN ONLY
Basic Size
Size Based On Blda. Face
Maximum
B-1
B-2
B-3
1-1
24 sq. ft.
50 sq. ft.
75 sq. ft.
100 sq. ft.
12%
16%
18%
20%
300 sq. ft.
400 sq. ft.
400 sq. ft.
500 sq. ft.
2. Option B - Wall And Pylon Signs:
(a) Under Option S, both wall and pylon signs may be used, but
only one pylon sign is permitted. The maximum allowable sign area
for any wall sign in this option shall be specified below.
(b) When a building faces two (2) or more streets, the total
allowed sign area shall be based upon the gross silhouetted area of
the two (2) smaller building sides facing the streets.
(c) For multiple occupancy buildings a sign plan shall be
prepared and approved with the same conditions as listed under
Option A above.
(d) Signs may be placed on the side of the building not facing
the street up to one sign per tenant, but the total sign area shall not
exceed that allowed in Option B as follows:
OPTION B - WALL AND PYLON SIGNS
Basic Size
Size Based On Blda. Face
Maximum
B-1 24 sq. ft.
B-2 50 sq. ft.
B-3 75 sq. ft.
1-1 100 sq. ft.
(Ord. 095-347, 2-6-95)
10%
14%
16%
18%
200 sq. ft.
300 sq. ft.
300 sq. ft.
400 sq. ft.
3. Pylon Signs:
(a) No pylon sign shall be located in a required yard, except
freestanding signs under six feet (6') in height may be located ten
feet (10') from a street right of way.
(b) Pylon signs shall not be closer to a driveway or parking
space than five feet (5').
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(c) Areas and height of pylon signs are controlled by the speed
of automobile traffic along the frontage street as follows:
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Speed (mph) Area (sa. ft.) Heioht (feet)
30 50 18
35 75 20
40 100 22
45 125 24
50 150 26
55 175 28
(d) The area identification sign for a shopping center, stating the
name of the center and the major tenants, shall be allowed. The
maximum size and height shall conform with the requirements of
subsection (B)3(c) above.
4. Marquee Signs: Signs may be placed on the roof of a covered
walk or marquee in a building complex on the vertical face of a
marquee and may project from the lower edge of the marquee not
more than twenty four inches (24"), but the bottom of a sign placed
on a marquee shall be no less than eight feet (8') above the ground
at any point. No part of the sign shall extend above the top of the
roof line for a covered walk or above the top of the vertical face of
the marquee. (Ord. 090-228, 2-5-90)
5. Portable Signs:
(a) Sign Size And Placement: Established local businesses shall
be allowed to display on the sidewalk adjacent to their business, a
portable two (2) sided sign, up to two feet (2') wide and three feet
(3') high, during regular business hours. Such signs shall be placed
in front of the business they promote and shall not restrict pedestrian
traffic flow.
(b) Permit Required: It shall be unlawful for any business to
display a portable sign without first having obtained a permit from
the City. Application for a permit shall be made in writing to the City
Clerk, and applicants shall state the location of the proposed
portable sign and such other facts as may be required and
applicable to the granting of such permit. The permit shall be valid
for a period of up to one year and is not transferrable to another
business without authorization of the Council.
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(c) Fees And Insurance: The fees required for this permit shall
be paid at the office of the City Clerk before the granting of the
permit. The amount of the fee shall be as provided from time to time
by resolution of the Council. The City Clerk or authorized City staff
shall issue a receipt for the fee and issue the permit to the applicant.
No fee shall be prorated for a portion of a year, and no fee paid shall
be refunded unless the permit is denied. The applicant is required to
take out and maintain public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise directly or indirectly out of the use and/or
placement of the portable sign. Limits for bodily injury and death
shall not be less than five hundred thousand dollars ($500,000.00)
for one person and one million dollars ($1,000,000.00) for each
oCcurrence; limits for property damage shall not be less than two
hundred thousand dollars ($200,000.00) for each occurrence; or a
combination single policy of one million dollars ($1,000,000.00) or
more. The City shall be named as an additional insured on the
policy, and the applicant shall file with the City a certificate
evidencing coverage prior to the City issuing a permit.
(d) Revocation Of Permit: Any permit issued by the City may be
suspended or revoked by the Council for any of the following causes:
(1) Conducting such permitted activity in such a manner as to
constitute a breach of the peace or menace to the health,
safety or welfare of the public, or a disturbance of the peace
or comfort of residents of the City, or upon the
recommendation of the appropriate City official.
(2) Expiration or cancellation of the required insurance
coverage.
(3) Actions unauthorized or beyond the scope of the permit
granted.
(4) Violation of any regulation or provIsion of this Code
applicable to the activity for which the permit has been
granted, or any regulation or law of the State so applicable.
(5) Failure to continuously comply with all conditions required
as precedent to the approval of the permit.
(e) Hearing: Any person aggrieved by the action of the Council
or any City official in denying, suspending or revoking a permit shall
have the right to a hearing before the Council on any such action,
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provided a written request therefor is filed with the Clerk within ten
(10) days after receipt of the notice of such denial, suspension or
revocation. The Council may grant such permit or confirm any
suspension or revocation or reinstate any such permit. The action
taken by the Council after a hearing shall be final. (Ord. 095-358,
9-5-95)
Advertising Signs:
1. Billboards and other off-premises advertising signs shall be
permitted only in I Districts and only where the adjacent street speed
limit is fifty (50) miles per hour or higher.
2. A conditional use permit is required for all billboard and other off-
premises advertising signs.
3. The maximum sign size shall be three hundred (300) square feet.
Billboards may incorporate cutouts protruding beyond the framed
perimeter of the sign face, providing the total sign area does not
exceed three hundred fifty (350) square feet.
4. The maximum height to the uppermost portion of any advertising
device shall be thirty feet (30'). The building setback limitation for the
zoning district in which the sign is located shall apply to setbacks tor
advertising signs.
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5. The minimum radius distance between advertising signs shall be
one thousand five hundred feet (1,500').
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6. No billboard or other off-premises advertising sign structure shall
be constructed within five hundred feet (500') of any park or
residential zoning district.
7. No billboard or other off-premises advertising sign shall be located
closer to any intersection than five hundred feet (500').
8. Billboards and other off-premises advertising signs shall be .a
single support, metal structure, free of supports or guy wires. The
metal shall be treated in such a manner as to prevent deterioration.
9. Billboards may be illuminated provided that there are no flashing,
intermittent or moving lights: and that beams or rays of light are not
directed toward any portion of public streets.
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10. Billboards and other off-premises advertising signs are permitted
in undeveloped land areas. When a plat is approved and
improvements are in place, the billboard must be removed from the
site. (Ord. 090-228, 2-5-90)
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4-3-4: NONCONFORMING SIGNS: Any sign that is nonconforming to the
requirements of this Chapter. whether by variance previously
granted or by conformance to existing sign regulations at the time the original permit
for said sign was issued, shall either be removed or brought up to code requirements
within the time period prescribed herein dating from the effective date of this Chapter.
Amortization Schedule
Actual Cost of Sign
Period for Removal
$ 500.00 or less
3 ~/2 years
500.01 to 1,000.00
3 V2 years
1,000.01 to 2,500.00
4 % years
Over $2,500.01
(Ord. 088-209, 9-19-88)
5 % years
4-3-5:
PERMIT REQUIREMENTS:
(Al
No sign shall be erected. changed or relocated without a permit issued by the
Zoning Officer. Any sign involving electrical components shall be wired by a
licensed electrician.
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The permit application shall be signed by the applicant. When the applicant
is any person other than the owner of the property, it shall also be signed by
the owner of the property. The application shall contain the following
information:
1. Name, address and telephone number of the property owner, sign owner
and erector.
2. Location of the sign or structure.
3. Scaled drawing showing position of the sign in relation to the nearest
buildings, structures, public streets, right of ways and property lines.
4. Plans and specifications and method of construction or attachment to the
building or in the ground, including all dimensions, showing all light sources,
wattage, type and color of lights, and details of any light shields or shades.
5. Other information as may be required by the Zoning Officer.
(B) Fees: The schedule of fees for sign permits is established each year by the
City Council. Signs which require a conditional use permit must pay both a
sign permit fee and a conditional use permit fee. No fee shall be required for
the signs listed below:
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B)
1. Public signs
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2. Temporary signs
3. Temporary real estate signs
4. Integral
5. Announcements of concerts, plays, lectures and club activities
6. Election signs
7. No trespassing signs
8. Interior window signs
9. On-premises directional signs
10. Nameplate signs
In addition, fees may be waived by the City Council for signs containing a
religious, civic, school or public interest subject.
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4-3-6: CANCELLATION: A sign permit shall be null and void if the work for
which the permit was issued has not been completed within a period
of six (6) months after the date of the permit. A permit may be renewed one time
and no additional fee shall be collected for renewal.
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4-3-7: REMOVAL OF SIGNS: The Zoning Officer shall order the removal of
any sign erected or maintained in violation of this Chapter.
Thirty (301 days' notice in writing shall ba given to the owner of the building, struc-
ture or premises on which such sign is located, to either bring the sign into compliance
with the Chapter or effect its removal.
4-3-8: FINES: Any person, organization, corporation or their representatives,
found in violation of this Chapter shall be guilty of a misdemeanor
and upon conviction, shall be punished by a fine not to exceed five hundred dollars
($500.001 or by imprisonment for not more than ninety (901 days, or both. Each day
that a violation exists shall constitute a separate and distinct offense, punishable as
aforesaid.
4-3-9:
APPEALS: To provide for a reasonable interpretation of the provisions
of this Chapter, a permit applicant who wished to appeal an
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interpretation by the City Zoning Officer may file a notice of appeal with the
Planning Commission and request a hearing. The Commission shall hear
appeals or requests by the following cases:
Appeals where it is alleged that there is an error in any order, requirement,
decision or determination made by the Zoning Officer in the enforcement of
this Chapter.
Request for variances from the literal provisions of this Chapter in instances
where their strict enforcement would cause undue hardship. (Ord. 086-173,
2-21-86)
4-3-10: SEVERANCE CLAUSE: If any section, clause or provision or
portion thereof, of this Chapter shall be found to be invalid or
unconstitutional by any court of competent jurisdiction, such decision shall
not affect any other section, clause. provision or portion thereof of this
Chapter. (Ord. 086-173,2-21-86)
4-3-11: REVOKE PERMIT: The Zoning Officer is authorized and
empowered to revoke any permit upon failure of the holder of
said permit thereof, to comply with any provisions of this Chapter. (Ord.
086-173, 2-21-86)
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4-3-12: MAINTENANCE: All signs shall be maintained in a safe,
presentable and good structural condition at all times.
Maintenance shall include painting, repainting, cleaning, replacement or
repair of defective parts and other necessary acts.
Any sign which is found in a dangerous or defective condition, shall be
removed or repaired by the owner of the sign or the owner of the premises
on which the sign is located. (Ord. 086-173, 2-21-86)
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