Loading...
2007-07-10 PC Agenda Packet PLANNING & ZONING COMMISSION Tuesday, July 10, 2007 7:00 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES June 12, 2007 Planning and Zoning Meeting (pages 1-8) 3. PUBLIC HEARINGS a. Greater Minnesota Home Improvements Conditional Use Permit for Outdoor Storage and Outdoor Sales (pages 9-21) b. Albertville Garage and Lodge Rezoning from P/I to B-4 (pages 22-24) c. Electronic Sign Ordinance Amendment (pages 25-32) 4. OTHER BUSINESS a. National Information Management Systems Training Tuesday, July 17, 2007 at 6:30 PM 5. ADJOURNMENT “A quorum of Council members may be present.” PLANNING and ZONING COMMISSION MINUTES June 12, 2007 Albertville Council Chamber 7:00 PM CALL TO ORDER – ROLL CALL – ADOPT AGENDA PRESENT: Vice-chair Frank Kocon, Commission members Scott Dorenbush, Denise Prow, and Dale Edgren, Council liaison Dan Wagner, City Planner Al Brixius, Zoning Administrator/Building Official Jon Sutherland, and City Clerk Bridget Miller ABSENT: Chair Sharon Leintz Vice-chair Kocon called the Planning and Zoning Commission meeting of the City of Albertville to order at 7:00 p.m. ADOPT AGENDA MOTION BY Commission member Dorenbush, seconded by Commission member Prow to approve the agenda as amended: Add: 4.2.1. Tax Increment Finance (TIF) for Fraser Steel Site and Building Plan Review and on file in the office of the City Clerk. Motion carried unanimously. MINUTES MOTION BY Commission member Prow, seconded by Commission member Dorenbush to approve the March 26, 2007 joint City Council and Planning and Zoning Commission minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Commission member Dorenbush, seconded by Commission member Edgren to approve the May 8, 2007 regular Planning and Zoning Commission minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. PUBLIC HEARINGS KNECHTL/HOEY BILLBOARD VARIANCE Vice-chair Kocon opened the public hearing at 7:05 p.m. 1 City of Albertville Planning & Zoning Commission Minutes June 12, 2007 2 City Planner Brixius brought to the Commission’s attention that the City is currently negotiating with Gerhard Knechtl for the purchase of land for a freeway ramp at I-94 and CSAH 19. Parts of the negotiations include the relocation of an existing billboard. These negotiations will also the billboard relocation, while maintaining the same top of sign elevation to ensure visibility. Brixius went on to report that the current billboard sign is located at the northeast corner of I-94 and CSAH 19. The sign conforms to all setback, size and height requirements, as well as requirements governing the spacing distance from other billboard signs. Vice-chair Kocon asked if there was anyone in the audience that wished to speak regarding the Knechtl/Hoey Billboard Variance. City Planner Brixius informed the Commission that Mike Hoey with Hoey Outdoor Advertising was present to answer any question or concerns. There was no one that wished to speak to the Commission regarding the Billboard Variance. Vice-chair Kocon closed the public hearing at 7:10 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Prow to approve the Knechtl/Hoey Billboard Variance with staff’s recommendations as presented and contingent on City Council approval at the July 2, 2007 regular City Council meeting or soon thereafter. Motion carried unanimously. GEEZ SPORTS BAR AND GRILL ZONING ORDINANCE TEXT AMENDMENT AND CONDITIONAL USE PERMIT Vice-chair Kocon opened the public hearing at 7:11 p.m. City Planner Brixius reported that Curt Gentile with Geez Sports Bar & Grill has applied for a Conditional Use Permit along with a Zoning Text Amendment. The proposed amendment would be to Sections 4300, 4350, 4400 and 4500 of the 2005 Albertville Municipal City Code to allow outdoor dining in the B-2, B-2A, B-3, and B-4 Zoning Districts within the Albertville city limits. Should the Commission approve the Zoning Text Amendment, then the applicant can complete the construction of the patio and provide outdoor seating. Brixius stated that Mr. Gentile purchased the Old Mill in 2005. In 2006, Mr. Gentile contracted out to demolish the building opening up space. Spring 2007, Mr. Gentile cleared up the area and began construction of a large patio area. Brixius reviewed the fourteen (14) items listed in the report, which were as follows: City of Albertville Planning & Zoning Commission Minutes June 12, 2007 3 1. The applicant shall be required to submit a site plan and other pertinent information demonstrating the number, location, and type of all tables, refuse receptacles, and wait stations. 2. Access to the dining area shall be provided only via the principal building if the dining area is full service restaurant or tavern, including table waiting service. All exit gates shall be marked “Exit Only” and shall meet all building code requirements. 3. The size of the dining area is restricted to 75% of the gross area of the current building, and shall maintain the lot requirements of the district. (The B-2, B-2A, and B-3 Zoning Districts shall be restricted to 20%). 4. The dining area is screened from adjacent residential uses. 5. All lighting shall be hooded at 90 degrees and directed away from adjacent properties. No luminaries shall extend beyond the 90 degree cutoff. 6. No outdoor dining shall be allowed on the public sidewalk. 7. The dining area is surfaced with concrete bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. 8. A minimum width of 35 inches shall be provided within aisles of the outdoor dining area. 9. Off-street parking shall be adequate for both indoor and outdoor seating areas. 10. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. 11. Property owners shall pick up litter within 100 feet of the patio area. 12. Live outdoor music performances shall meet the 2005 Albertville Municipal City Code restrictions. 13. No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the outdoor sales area. 14. No outdoor bar, cooking facility, food preparation, or holding area shall be established. (the exception to an outdoor bar shall meet the requirements in the 2005 Albertville Municipal City Code in conjunction with city celebration events such as Albertville Friendly City Days, in which there will be additional security at the doors.) City of Albertville Planning & Zoning Commission Minutes June 12, 2007 4 Brixius informed the Commission that the City purchased 100-feet of right-of-way from Burlington Northern Santa Fe. With this purchase the city has been working with a couple of the Main Avenue business owners in a land trade. What the city is attempting to accomplish with the land trade is to provide a downtown parking area. The city is conducting appraisals of the land, so it would be a fair exchange of land. The parking area will provide approximately 100 parking stalls for customers, employees, Central park residents, and others. Commission members noted that the parking area is not paved. Mr. Gentile responded by stating the parking area has always been gravel. There was discussion as to whether Mr. Gentile would consider paving the parking lot in the future. There was a question as to what abuts the applicant’s property. There is the 152 Club to one side, Full Moon Salon on another side, at least one (1) residential dwelling, and the railroad property. Discussion took place regarding the outdoor music or even the outdoor noise from the customers. Vice-chair Kocon opened the public hearing to listen to comments from those in the audience. Mr. Gentile informed the Commission members the reason for the outdoor patio is in conjunction with the potential smoking ban that will go into effect October 1, 2007. Tesa Brown of 11791 – 57th Street NE stated that she did understand why Geez would like to have the outdoor patio with the smoking ban. Ms. Brown wanted to express her concerns with the noise restriction and encouraged the Commission to enforce them. Kurt Neidermeyer 11458 – 57th Street NE expressed concern with the loud noises that come from the establishments located on Main Avenue NE. Neidermeyer also commented about the dust from the parking lot, which has been an issue for quite sometime. Vice-chair Kocon inquired about putting restriction on the hours of outdoor operations. Mr. Gentile was not sure if he would be in favor of the restricted hours of outdoor operations or not. Brixius negotiated with the Commission and would like to allow Geez Sports Bar & Grill a 12 consecutive months as a trail basis. After the 12 months, the City will evaluate how things went, to document any complaints and how many complaints are called in. Ms. Brown suggested restricting no food and beverages outdoors after 10:00 p.m. City of Albertville Planning & Zoning Commission Minutes June 12, 2007 5 Vice-chair Kocon closed the public hearing at 8:00 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Prow to approve the Geez Sports Bar and Grill Zoning Ordinance Text Amendment and Conditional Use Permit with staff’s recommendations as amended adding the 12-month Trial basis for outdoor sales at which time the City will re-evaluate whether to continue or restrict the outdoor hours of operation and contingent on City Council approval at the July 2, 2007 regular City Council meeting or soon thereafter. Commission members Prow, Dorenbush, and Edgren voted aye. Vice-chair Kocon voted nay. ELECTRONIC SIGN ORDINANCE AMENDMENT Vice-chair Kocon opened the public hearing at 8:04 p.m. City Planner Brixius summarized that per City Council request, Northwest Associated Consultants (NAC) was asked to do additional research on electronic signage. As heard on the news and read in the paper there is controversy regarding electronic or LED signs within other communities. The concern with the electronic signs or LED signage is whether it is a safety hazard as the signs potentially cause a distraction to the motorists. These sign issues were discussed during the March and April Planning and Zoning Commission meetings. NAC has prepared a report summarizing these concerns with the potential of the electronic, LED, or reader board signage within the Albertville city limits. These concerns or issues have been incorporated into a Text Amendment to the 2005 Albertville Municipal City Code. The main areas of concern or issues for amendment are: • Additions to Application for Permit • Additions to Advertising Devices • Business, Industrial, and Multiple Occupancy Signs Brixius asked the Commission members to keep in mind that the City has a 30-foot ground sign located at the intersection of CSAH 37 and Main Avenue NE, which includes a scrolling reader board sign. Brixius pointed out that all signs within 300 feet of adjoining residential property will be required to screen the sign and the message(s), which is required to be monochromatic and no more than 500 lumens at the sign face. Additional language can be added to prohibit changeable copy signs such as window signs and restrict the allowed height of changeable copy signs. Brixius reviewed the Ordinance amending the text with the Commission members highlighting the following: City of Albertville Planning & Zoning Commission Minutes June 12, 2007 6 Section 3. 9. Electronic changeable advertising devised shall only be permitted on legal conforming advertising devices Section 4. a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the business districts with the following restrictions. Section 4. a. 2. Changeable copy signs occurring on free standing signs shall be higher than twenty (20) feet. Section 4. a. 3. The message displayer on changeable copy signs shall be depicted in one statement and not a continuing sentence or flow of information. All flashing, scrolling, special effects or animated scenes on changeable copy sign shall be prohibited except for allowing the change in message to be no more than once every eight (8) seconds. Section 4. a. 5. The message is monochromatic and the illumination does not exceed five hundred (500) lumens per square-feet of sign face. Vice-chair Kocon asked if there was anyone present that wanted to express their concerns or issues regarding the text amendment that is under consideration by the Planning and Zoning Commission this evening. Keith Franklin of Franklin Outdoor Advertising asked if it is the flashing signs that the debate to is to control or restriction the LED Billboard signs or LED signs in general. In response to Mr. Franklin’s question it appears to be both LED signs whether it is billboard or other. Commission member Dorenbush asked if the Text Amendment would include language that would apply to portable temporary signage. There was a lengthy discussion between the Commission members, City Planner, and individuals in the audience. The conclusion was to table the Text Amendment until the next Planning and Zoning Commission meeting. Vice-chair Kocon closed the public hearing at 8:25 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Edgren to table the Electronic Sign Ordinance Amendment until the July 10, 2007 Planning and Zoning Commission meeting. Motion carried unanimously. City of Albertville Planning & Zoning Commission Minutes June 12, 2007 7 OTHER BUSINESS FRASER STEEL SITE AND BUILDING PLAN REVIEW City Planner Brixius reported that Fraser Steel has been working with the City for the past year. Fraser Steel is requesting approval on an expansion to the existing building; therefore has submitted a Site and Building Plan Review. The addition is approximately 24,500 square-feet in size for a total building area that will be 71,586 square-feet. When Fraser Steel was originally constructed it qualified for Tax Increment Financing (TIF), which again they have applied for and meet the necessary requirements is why the City has been working together with them. The existing building and proposed expansion are located within the Barthel’s Industrial Park 2nd Addition. Brixius informed the Commission members that an updated site plan shall be submitted, indicating how the circulation (turning radiuses, trucks loading and unloading, etc.) will correspond with the parking arrangement on the site. Brixius went over the wetland located on Outlot A, to the east of the subject lot, is not to be disturbed and shall be protected during construction on the site. A minimum buffer width between 5 and 10 feet shall be maintained between the wetland and the proposed retaining wall. Everything to the east of the retaining wall shall be restored to or left in its natural state. Brixius noted that the applicant and representative from Ebert Construction were present to answer any additional questions or concerns of the Commission. Brad Averin with Ebert Construction noted that a majority of the recommendations listed have been met. Brixius very briefly reviewed the TIF District process explaining to the Commission how this will assist the applicant financially. MOTION BY Commission member Prow, seconded by Commission member Dorenbush to approve the Resolution No. 2007-xx entitled a Resolution Approving the Tax Increment Financing for the Fraser Steel Site and Building Plan Review with staff’s recommendations as presented and contingent on City Council approval at the July 2, 2007 regular City Council meeting or soon thereafter. Motion carried unanimously. MOTION BY Commission member Edgren, seconded by Commission member Dorenbush to approve the Fraser Steel Site and Building Plan Review with staff’s recommendations as presented and contingent on City Council approval at the July 2, 2007 regular City Council meeting or soon thereafter. Motion carried unanimously. City of Albertville Planning & Zoning Commission Minutes June 12, 2007 8 SHOPPES AT TOWNE LAKES II – SITE AND BUILDING PLAT REVIEW ELEVATIONS City Planner Brixius began by stating that per the Commission’s request the applicant for Shoppes at Towne Lakes II has revised the architectural elevations for Buildings 2, 3, and 5 for your review. Along with the elevations there is a revised landscape plan and a photometric drawing. As the Commission can see the applicant has addressed a majority of the recommendations, but not all of them. The Commission members commented on the revised plans inquiring about the color and layout of the building. Brixius ensured the Commission that staff would work with the applicant to make sure the recommendations are met. ADJOURNMENT MOTION BY Commission member Edgren, seconded by Commission member Prow to adjourn at 9:07 p.m. Motion carried unanimously. _______________________________________ Frank Kocon, Vice-chair _______________________________________ Bridget Miller, City Clerk 9 MEMORANDUM TO: Larry Kruse FROM: Cassie Schumacher-Georgopoulos / Alan Brixius DATE: July 3, 2007 RE: Albertville – Greater Minnesota Home Improvements Conditional Use Permit NAC FILE: 163.06 – 07.08 BACKGROUND Greater Minnesota Home Improvements (GMNI) has applied for a conditional use permit for outdoor storage and outdoor sales at the property at 5720 Barthel Industrial Drive NE. The business is a home improvement/remodeling company specializing in sun rooms and has moved in to occupy a vacant industrial site. Since occupying the building, GMNI has completed several improvements to the structure in order to establish a successful business. The final portion is for the company to apply for a CUP for outdoor storage of trailers and equipment on unimproved surfacing and for outdoor sales to bring the site into conformance with the City’s Zoning Ordinance. Attached for Reference: Exhibit A Location Map Exhibit B GMNI Business Plan Exhibit C Duane’s Septic Service, LLC Memo Exhibit D Site Plan ISSUE ANALYSIS Location. GMNI is located at 5720 Barthel Industrial Drive NE at the corner of the Barthel Industrial Drive along I-94. 10 Zoning. The property is zoned I-1, Light Business District. The business is a permitted use in the I-1 District; however, a conditional use permit is required for outdoor storage and outdoor sales. The outdoor sales/display and the outdoor storage shall meet the lot requirement of the ordinance. Conditional Use Permit. GMNI is proposing to have 4,140 square foot outdoor storage for trailer parking on the existing gravel surface. As the business grows, with the conditional use permit, GMNI will be able to store excess materials within the outdoor storage area. A 6 to 8 foot fence will be required to screen the outdoor storage area. No fence details have been submitted. A 2,000 square foot outdoor sales area is proposed for the north corner of the building. The sales area is allowed to be 50% of the 4,000 square foot building. The grassed sales area is for the outdoor display of sample sun rooms. Parking. A paved bituminous parking lot is on the east side of the building. The parking lot has ten (10) stalls, the requirements of the Zoning Ordinance requires that seven (7) stalls be provided. Onsite Sewage Treatment. The present septic system serving the industrial building is not up to code due to inadequate soils; therefore the GMNI has entered into an agreement with Duane’s Septic Service, LLC to provide septic pumping every thirty to sixty days as needed. The property owner has agreed to have the City of Albertville conduct a feasibility study to possibly extend city sewer to the property. The City Engineer and city staff have discussed the following two options to bring the sewage treatment into compliance: 1. The existing onsite sewage system shall be updated to meet all regulatory requirements. 2. City sewer shall be extended to the site. The City Council shall determine which option shall be required to update the sewage treatment and either option shall be reviewed and approved by the City Engineer. RECOMMENDATION Based on the information provided the staff recommends that the Planning Commission and City Council approve the Conditional Use Permit for the outdoor storage and outdoor sales/display subject to the following conditions: 1. The outdoor sales/display and the outdoor storage shall meet the lot requirement of the ordinance. 2. A six to eight foot fence shall be required to screen the outdoor storage area. 3. Details of the fence shall be provided for staff to review. 11 4. No outdoor storage shall be allowed outside of the fenced area. 5. The City Council shall determine which options shall be required to update the sewage treatment and either option shall be reviewed and approved by the City Engineer. Pc. Mike Couri Tori Leonhardt Bridget Miller Adam Nafstad Jon Sutherland Russ Winslow, GMNI - 5720 Barthel Industrial Drive NE, Albertville, MN 55301 Jim A. Franklin - 101 Hill Circle, Big Lake, MN 55309 I-94 Barthel Industrial Drive NE Greater Minnesota Home Improvements CUP Conditional Use Permit for Outdoor Storage and Outdoor Sales 5720 Barthe l In dustrial Dr NE EXHIBIT A 22 MEMORANDUM TO: Larry Kruse FROM: Cassie Schumacher-Georgopoulos / Alan Brixius DATE: July 3, 2007 RE: Albertville Garage and Lodge Rezone NAC FILE: 163.05 – 07.16 BACKGROUND The City of Albertville has requested the rezoning of property owned by the City at 5975 Main Avenue NE in Downtown Albertville. The current zoning of the property is P/I, Public/Institutional. The City is requesting the property be rezoned to B-4, General Business District. The rezone will allow for the only remaining P/I zoned property in the downtown to match the surrounding zoning. Past P/I zoning included the old City Hall site which was rezoned in 2005 with the approval of the new City Hall plan. Attached for Reference: Exhibit A Location Map ISSUE ANALYSIS Location. The lodge and garage are located on two separate lots on the east side of Main Avenue NE. Both lots are unplatted. The lodge is legally described as Lot 3 Block 1, Part of NW ¼ of NE ¼ Fire Hall and the garage lot is legally described as Lot 4 Block 1, Part of NW ¼ of NE ¼ Fire Hall. Zoning. The property is zoned P/I, Public/Institutional District. The current configuration and the building locations do not meet the requirements of the P/I District. The B-4, General Business District requirements meet the current layout of the lots; however, the lodge is not permitted uses of the B-4 District. All other property in the downtown area is the zoned B-4. 23 The following reviews the requirement of the rezoning with the plan of the: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan. Comment: Rezoning the lots to a commercial use is consistent with the City’s Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Comment: No change is use is being proposed at present. Any future uses permitted by the B-4 district will be compatible with the surrounding area. 3. The proposed use conforms with all performance standards contained herein. Comment: The uses of the property meet the permitted uses and the regulations of the B-4 District 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Comment: The change in zoning will allow the property to be more compatible to uses of the area. 5. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. Comment: No change in public services will be needed. 6. Traffic generation by the proposed use is within the capabilities of streets serving the property. Comment: Main Avenue NE is capable of handling the traffic generated by the current buildings; the change in zoning will have no effect on the street. RECOMMENDATION Staff has reviewed the ordinance and requirements of the sites specified to be rezoned and recommend approval of the rezoning of the lodge and garage located at 5975 Main Avenue NE. pc: Mike Couri, Tori Leonhardt, Bridget Miller, Adam Nafstad, Jon Sutherland C SA H 37 Main Avenue NE Large Avenue NE 59 th Stre e t NE 60 th Stre e t NE Albertville Garage and Lodge Pro perty Rezone P/I PUBLIC /IN ST IT UTIO NAL DISTRICT /B-4 GENERAL BUSINESS DISTRICT 5975 Mai n Ave NE EXHIBIT A 25 MEMORANDUM TO: Larry Kruse, City Administrator FROM: Cassie Schumacher-Georgopoulos / Alan Brixius DATE: July 3, 2007 RE: Albertville – Electronic Billboards NAC FILE: 163.05 – 07.05 The attached ordinance amendment is reflective of conversations with the Planning Commission and City Council. Attached for reference: Exhibit A Ordinance Amendment for Electronic Signs Pc Mike Couri Tori Leonhardt Bridget Miller Adam Nafstad Jon Sutherland 26 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-7 OF CHAPTER 7 RELATING TO SIGNS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 10-7-2 relating to sign definitions is hereby amended to read as follows: Changeable Copy Sign: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. Changeable Copy Signs shall also include the following: Changeable Copy Sign, Electronic: A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, re-pixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting 27 shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. Flashing Sign: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. A sign which contains an intermittent or flashing light by means of animation or an externally mounted intermittent light source. Multi-Vision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two or more images. Off-Premises Signs: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premises sign. On-Premises Signs: A sign that is located on property that is the premises, property or site of the use identified or advertised in the sign. Public Notices: Official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents. Rotating Sign: A sign or portion of a sign which in any physical part or in total turns about on an axis, rotates, revolves or is otherwise in motion, including without limitation a multi-vision sign. Shimmering Sign: A sign which reflects an oscillating sometimes distorted visual image. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. 28 SECTION 2: Section 10-7-5 B. relating to application for permit is hereby amended to read as follows: Section 10-7-5 B. Application for Permit: 7. Any electrical permit required and issued for the sign. 8. A detailed description of any electronic or electrical components that are proposed to be added to the sign. SECTION 3: Section 10-7-5 A. relating to the general standards for advertising devices is hereby amended to read as follows: 9. Electronic changeable advertising devices shall only be permitted only on legal conforming advertising devices with the following requirements: a. The graphic display may not change or move more often than once every eight (8) seconds. b. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. c. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed 500 lumens per square foot at the sign face. SECTION 4: Section 10-7-8 A. relating to permitted business signs is hereby amended to read as follows: A.6. Changeable Copy Signs a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the above listed districts with the following restrictions. 1. The changeable copy sign shall not exceed a maximum of twenty five percent (25%) of the allowable sign area or exceed forty (40) square feet, whichever is less, for a freestanding or wall sign. 2. Changeable copy signs occurring on free standing signs shall not be higher than twenty (20) feet. 3. The graphic display may not change or move more often than once every eight (8) seconds. 4. The message displayed on changeable copy signs shall be depicted in one statement and not a continuing sentence or flow of information. The images and messages displayed must be static, and the transition 29 from one static display to another must be instantaneous without any special effects. 5. Changeable Copy Signs may change its message no more than once every eight (8) seconds. 6. No Changeable Copy Signs shall be closer than 300 feet from any residential zoning district unless they are screened from the adjoining residential property, or they are limited to operation between 6:00 am and 11:00 pm. 7. Illumination does not exceed 500 Lumens per square foot of sign face. 8. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed 500 lumens per square foot at the sign face. 9. Changeable copy signs shall not be permitted as window signs. SECTION 5: Section 10-7-8 B. relating to permitted automobile service station signs is hereby amended to read as follows: B. 9. Changeable Copy Signs a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the above listed districts with the following restrictions. 1. The changeable copy sign shall not exceed a maximum of twenty five percent (25%) of the allowable sign area or exceed forty (40) square feet, whichever is less, for a freestanding or wall sign. 2. Changeable copy signs occurring on free standing signs shall not be higher than twenty (20) feet. 3. The graphic display may not change or move more often than once every eight (8) seconds. 4. The message displayed on changeable copy signs shall be depicted in one statement and not a continuing sentence or flow of information. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. 5. Changeable Copy Signs may change its message no more than once every eight (8) seconds. 6. No Changeable Copy Signs shall be closer than 300 feet from any residential zoning district unless they are screened from the adjoining 30 residential property, or they are limited to operation between 6:00 am and 11:00 pm. 7. Illumination does not exceed 500 Lumens per square foot of sign face. 8. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed 500 lumens per square foot at the sign face. 9. Changeable copy signs shall not be permitted as window signs. SECTION 6: Section 10-7-8 C. relating to permitted single occupancy industrial signs is hereby amended to read as follows: C. 6. Changeable Copy Signs a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the above listed districts with the following restrictions. 1. The changeable copy sign shall not exceed a maximum of twenty five percent (25%) of the allowable sign area or exceed forty (40) square feet, whichever is less, for a freestanding or wall sign. 2. Changeable copy signs occurring on free standing signs shall not be higher than twenty (20) feet. 3. The graphic display may not change or move more often than once every eight (8) seconds. 4. The message displayed on changeable copy signs shall be depicted in one statement and not a continuing sentence or flow of information. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. 5. Changeable Copy Signs may change its message no more than once every eight (8) seconds. 6. No Changeable Copy Signs shall be closer than 300 feet from any residential zoning district unless they are screened from the adjoining residential property, or they are limited to operation between 6:00 am and 11:00 pm. 7. Illumination does not exceed 500 Lumens per square foot of sign face. 8. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed 500 lumens per square foot at the sign face. 31 9. Changeable copy signs shall not be permitted as window signs. SECTION 7: Section 10-7-8 D. relating to permitted multiple occupancy commercial and industrial signs is hereby amended to read as follows: D. 5 Changeable Copy Signs a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the above listed districts with the following restrictions. 1. The changeable copy sign shall not exceed a maximum of twenty five percent (25%) of the allowable sign area or exceed forty (40) square feet, whichever is less, for a freestanding or wall sign. 2. Changeable copy signs occurring on free standing signs shall not be higher than twenty (20) feet. 3. The graphic display may not change or move more often than once every eight (8) seconds. 4. The message displayed on changeable copy signs shall be depicted in one statement and not a continuing sentence or flow of information. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. 5. Changeable Copy Signs may change its message no more than once every eight (8) seconds. 6. No Changeable Copy Signs shall be closer than 300 feet from any residential zoning district unless they are screened from the adjoining residential property, or they are limited to operation between 6:00 am and 11:00 pm. 7. Illumination does not exceed 500 Lumens per square foot of sign face. 8. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed 500 lumens per square foot at the sign face. 9. Changeable copy signs shall not be permitted as window signs. b. Changeable Copy Signs shall be for area identification signs only and shall not be for individual tenant free stand or wall signs. 32 THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Approved by the Albertville City Council the 6th Day of August, 2007 Ron Klecker, Mayor Bridget Miller, City Clerk