HomeMy WebLinkAbout2009 06-01 City Council Manager Workshop PacketAGENDA
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:00 P.M. Monday, June 1, 2009
Council Chambers, City Hall
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. UNFINISHED BUSINESS
1. Sign Ordinance — Update and Progress Report on Proposed Amendments
2. Wetland Ordinance — Proposed Ordinance Changes and Update
E. NEW BUSINESS
F. ADJOURNMENT
Agenda Item D.1
THIS PAGE IS INTENTIONALLY LEFT BLAND
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Agenda Item D.1
MEMORANDUM
TO: James Antonen, City Manager
FROM: Shann Finwall, AICP, Environmental Planner
SUBJECT: Sign Ordinance — Update and Progress Report on Proposed
Amendments
DATE: May 27, 2009 for the June 1 City Council Workshop
INTRODUCTION
The city's sign ordinance gives guidelines to businesses and residents for visibility and
promotion, and protects the public health, safety, and welfare. Maplewood's current sign
ordinance was adopted in 1977, with only minor revisions made since that time. In 2004
and 2005 the Community Design Review Board (CDRB) researched various aspects of
signs and ordinances, drafted amendments to the city's sign ordinance, and took public
comment regarding the amendments.
Based on this review, the CDRB recommended approval of a revised sign ordinance on
March 1, 2006. No action has been taken on those revisions to date. This
memorandum will update the city council on the history of the sign ordinance
amendments, look for recommendations on the amendments, and how to proceed with
review by the city council and the public.
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February 14, 2003: The CDRB recognized in their annual report (2002) the need to
review and make recommendations on potential modifications and updates to the city's
sign ordinance.
February 2, 2004: The CDRB recognized in their annual report (2003) that the sign
ordinance is outdated and allows for excessive signage within the commercial and
industrial zoning districts. The CDRB also recognized the time and effort that was
involved in the sign ordinance design criteria they worked on and the city council
approved for the mixed -use zoning district.
June 2004: The CDRB began phase 1 of the sign ordinance revision which included
researching and comparing various sign ordinances from the following cities: Woodbury,
Oakdale, Roseville, White Bear Lake, Brooklyn Center, and Edina. The sign ordinances
were compared based on style and format of written ordinance, quantitative data
associated with written ordinance, definitions of sign types, and associated terminology
and restrictions based on zoning districts. The comparison illustrated that on average
Maplewood has the fewest number of prohibited types of signs, allows above average
sign sizes, and allows the greatest number of temporary signs without permits.
August 2004: With the comparative research complete and the results that showed
room for improvement within the Maplewood sign ordinance, the CDRB began phase 2
of the sign ordinance revision which included involvement of the local business
associations, the chamber of commerce, and residents and business owners of the
general public.
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Agenda Item D.1
September 2004: Staff created the first online opinion survey published on the City of
Maplewood's website. Educational materials on the website informed the survey takers
of the types and sizes of signs allowed by the ordinance as well as information on the
current sign ordinance revision process. To market the survey, an advertisement ran for
two months in the Maplewood City News. In addition, staff sent the survey to a
randomly selected group of 200 business owners in Maplewood.
October 2004: The city received 50 survey responses from the online survey and
mailings. The responses were coded and input into a statistical database for
comparison and interpretation. The general opinion of the residents and business -
related individuals that took the survey was in favor of sign ordinance writing,
enforcement, and the proposal to revise the sign ordinance. In general, the main types
of signs the respondents expressed concern over were billboards and temporary signs.
November 2004 — September 2005: The CDRB began phase 3 of the sign ordinance
revision which included review and revision to all areas of the sign ordinance.
July 25, 2005: The city council adopted an ordinance amending the political campaign
sign section of the sign ordinance.
October — November 2005: City staff published the draft sign ordinance and again
requested public feedback. City staff created a document which outlined the major
changes in the ordinance. This document was mailed to 200 random business owners
within Maplewood. In addition, city staff advertised the sign ordinance revision process
and requested feedback in the Maplewood Review, City News, and on the city's website
December 2005 — February 2006: Based on public feedback received, the CDRB made
modifications to the draft sign ordinance.
March 1, 2006: After two years of research, review, and public comment, the CDRB
recommended approval of the draft sign ordinance.
May 8, 2006: The city council held a workshop to discuss the draft sign ordinance. No
action was taken by the city council at that time.
December 10, 2007: The city council adopted an amendment to the prohibited sign
ordinance which removed prohibited language in order to allow dynamic display signs
(light emitting diode [LED] signs) within the city.
August 11, 2008: The city council adopted a dynamic display sign ordinance which
regulates billboards and outdoor advertisement signs with LED (light emitting diode)
technology.
April 14, 2009: The CDRB received an update and progress report on the sign
ordinance amendments (Attachment 1). The CDRB gave their support for the
continuation of the sign ordinance amendment review and recommended that the sign
ordinance as drafted by the board in 2006 be brought to the city council.
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Agenda Item D.1
DISCUSSION
The city's sign ordinance is over 30 years old with no major revisions since its adoption.
The CDRB's 2006 sign ordinance amendment recommendation was an attempt to
update the ordinance by creating a more comprehensive signage program for the City of
Maplewood based on communicating a message visibly while ensuring the protection of
adjacent property owners. The May 8, 2006, city council workshop was the first
opportunity the city council had to review the draft sign ordinance. It was also a time of
transition for the city with a new city manager and three new city council members.
During the city council workshop staff fielded several questions regarding the ordinance
and suggested a first reading on June 10, 2006. Due to the transitional phase of the city
no formal action was taken on the proposed sign ordinance amendments. However,
since that time the city council has adopted new sign ordinance language in 2007 and
2008 to address the LED sign technology.
To ensure all of the work and effort put into the proposed sign ordinance amendments
are not lost, the CDRB and staff request review of the sign ordinance amendment by the
city council and look forward to feedback on the feasibility of continuing the review
process. The draft sign ordinance is attached for your review. Following are the areas
of major changes to the ordinance:
MAJOR CHANGES PROPOSED
Temporary Signs
Temporary Portable Signs: The ordinance currently allows temporary portable signs
under 16 square feet to be installed on business property with no permit and no duration
or maximum number. Temporary signs over 16 square feet are only allowed with a
permit. The permit is valid for 30 days per year, per business.
The proposed ordinance would now limit portable temporary signs under 12 square feet
to one per property without a permit and signs over 12 square feet to one per property
with a permit. These signs can be installed for a maximum of 30 days per year for each
property. For businesses with multiple occupants, each separate tenant is permitted one
sign under 12 square feet with no more than three signs allowed on the property at any
one time and only one sign over 12 square feet at any one time.
Commercial Window Signs: The ordinance currently allows businesses to place signs in
windows not to exceed 75% of the total area of the window with no time duration.
The proposed ordinance would allow businesses to place signs in the window not to
exceed 30% of the window, for a total of 30 days per year, per sign.
Off Site Real Estate Signs: The ordinance currently does not have regulations on the
number of off site real estate signs (directional or open house signs not exceeding 3
square feet in area) per street intersection. These signs are allowed from 12 noon until
8 p.m. on the weekdays and from 6 a.m. Saturday to 8 p.m. on the last day of the
weekend.
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Agenda Item D.1
The proposed ordinance will limit off site real estate signs to one real estate listing and
one real estate open house sign per corner at each intersection, with a maximum of four
separate real estate listings and four separate open house signs per intersection. The
signs would be allowed within the right -of -way for up to 30 days per real estate listing
and the day of the open house for open house real estate signs.
Temporary Banners: The current ordinance allows temporary banners up to 150 square
feet for 30 days with no limit to the number of banners per business.
The proposed ordinance would allow one banner up to 32 or 64 square feet (depending
on the zoning district) for up to 60 days per year, per property. No more than one
banner may be displayed per property at any one time, except for multiple- tenant
buildings which allow up to three.
Opinion Signs: The current ordinance does not have an ordinance regarding signs that
express a viewpoint of a non - commercial nature.
The proposed ordinance would limit such signs to one per property, up to 32 square feet
for residential and 64 square feet for commercial properties.
Political Campaign Signs: The city adopted a change to the political campaign sign
ordinance in August 2005. The new ordinance applies during local elections only and
restricts the number of days that a resident or business can place a political sign prior to
an election or referendum from 30 days to approximately 90 days.
The CDRB's proposed draft sign ordinance expands on that language to cover special
elections. The proposed ordinance allows political campaign signs to be posted for
special elections or referendums from the date of filing until ten days following said
special election or referendum.
Commercial Signs {Areas Zoned LBC, CO, NC, BC, BC -M, M1, and M2}
Wall Signs: The current ordinance allows wall signs up to 20% of the gross wall area on
which it is attached for all commercial areas. The proposed ordinance would change the
calculation of wall signage allowance in the BC, BC -M, M1 and M2 districts to the gross
square footage of the principal structure on the property as follows:
Principal Structure Gross Sq. Ft. of
Floor Area
Maximum Size and Coverage Area of Each
Sign
Less than 10,000 sq. ft
80 sq. ft. or 20% of wall face, whichever is less
10,000 to 20,000 sq. ft.
100 sq. ft. or 20% of wall face, whichever is less
20,000 to 100,000 sq. ft.
150 sq. ft. or 15% of wall face, whichever is less
Greater than 100,000 sq. ft.
200 sq. ft. or 10% of wall face, whichever is less
The proposed wall sign ordinance for the LBC, CO, and NC districts will remain 20% of
the gross wall area on which it is attached.
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Agenda Item D.1
Freestanding Signs: The current ordinance regulates freestanding sign size and height
within the BC, BC -M, M1, and M2 districts based on the size of the lot and setback of the
sign. The maximum freestanding size allowed is 300 square feet and the maximum
height is 50 feet. The proposed ordinance will base the size of freestanding signs on
street classification of the closest street to which each freestanding sign is located as
follows:
Classification of
Street
Maximum Sign
Size (sq. ft.)
Maximum Height of
Pylon (feet)
Maximum Height
of Monument Sign
feet
Principal Arterial
180
25
12
Minor Arterial
140
20
12
Collector Street
100
15
10
Local Street
80
12
10
The current ordinance allows freestanding signs within the ABC, CO, and NC up to 80
square feet and 25 feet high. The proposed ordinance will allow a maximum of 64
square feet and 10 feet high.
Billboards
The current ordinance allows billboards in commercial areas with a sign permit. The
proposed ordinance would allow the use of billboards only with the approval of a
conditional use permit. In addition, they may only be located adjacent to a principal
arterial street in the SC, BC, M -1, and M -2 districts and must maintain a distance of 250
feet to a residential district or 800 feet to a residence.
RECOMMENDATION
Review the draft sign ordinance and offer feedback on the proposed amendments and
on how best to proceed with review by the city council and the public.
Attachment:
1. April 14, 2009, CDRB Partial Minutes Pertaining to Draft Sign Ordinance
2. Draft Sign Ordinance
3. LED Sign Ordinance
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Agenda Item D.1
Attachment 1
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
PARTIAL MINUTES FROM TUESDAY, APRIL 14, 2009
CALL TO ORDER
Vice- Chairperson Ledvina called the meeting to order at 6:05 p.m.
ROLL CALL
Boardmember John Demko
Present
Vice - Chairperson Matt Ledvina
Present
Chairperson Linda Olson
Present at 6:15 p.m.
Boardmember Ananth Shankar
Present
Boardmember Matt Wise
Present
Staff Present: Tom Ekstrand, City Planner
Shann Finwall, Environmental Planner
VI. UNFINISHED BUSINESS
a. Sign Code Amendment Update
Planner Shann Finwall presented the staff report and said that the board's recommended approval of a revised
sign code has had no action to date. Ms. Finwall said the city council discussed the draft sign code in May 2006,
but did not take any action or give direction. Planner Finwall updated the board on the proposed sign code
revisions and asked for direction on how the board wants to proceed.
Boardmember Ledvina said he feels all of the groundwork was completed and reviewed by the various entities
involved and he does not have anything to add to this draft.
Boardmember Olson said her opinion of a temporary sign is for a maximum of 30 days and a maximum number of
three times a year. Ms. Olson said she does not agree with a temporary sign duration being for 60 or 90 days. Ms.
Olson said that it was discussed that window signs be reduced from 75% to 30 %, but she feels that 30% might be
too restrictive and her preference would be for 50 %.
Boardmember Ledvina said that as part of the board's previous review, the allowable size of window signs was
surveyed with surrounding cities to see what percentage of total area they had used. Mr. Ledvina said a lot of staff
and board time was spent analyzing and in discussion to determine the board members' opinions and what
members felt was reasonable. Boardmember Ledvina said that the board determined at that time that 30% was a
reasonable number and said he would not support changing that number.
Boardmember Ledvina moved the community design review board support staff's pursuit of the sign code
changes and that this be again taken up with the city council and further, that the language as the board finalized
it in its last version be brought to the city council.
Boardmember Shankar seconded
Boardmember Olson asked if the draft amendment document discussed and reviewed tonight, with the addition of
a sentence stating "as recommended by the city attorney ", would be forwarded to the city council. Planner Finwall
responded that it will be discussed with the city manager on how best to proceed, but that process is what is
intended.
The board voted: Ayes — all
The motion passed.
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Agenda Item D.1
Attachment 2
CITY OF MAPLEWOOD DRAFT SIGN REGULATIONS
Recommended for Approval by the Community Design Review Board on
March 1, 2006
Item in Italics Represent One Revision Made by the CDRB on July 25, 2006
Items Underlined and in Italics Represent Staff's Notes for Final Version
Paul Merwin. senior land use attornev with the League of MN Cities Insurance Trust. states that
city sign codes should be reviewed for the following:
What the sign says shouldn't be relevant to whether the sign is allowed (i.e., commercial
versus noncommercial messages) - Ensure signs are not treated differently based on
the type of message they deliver or who is stating the message. Limits on commercial
signs (i.e., temporary commercial signs) should be the same as limits on political signs.
Ensure the city has broad discretion to deny applications for signs based on imprecise or
"other" information. Ensure there is not a specific list of permitted signs and a blanket
prohibition on any non - permitted signs.
Purpose and Intent
The purpose of this chapter is to establish a comprehensive and impartial system of sign
regulations that balances the needs for effective visual communication including business
identification and the needs for a safe, well - maintained, and attractive community. It is intended
through the provisions contained herein to:
(a) Promote signs which by their design and dimensions are integrated and harmonized with
the surrounding environment and the buildings and sites they occupy.
(b) Protect the public from damage or injury caused by signs that are poorly designed or
maintained and from signs that cause distractions or hazards to motorists and pedestrians using
the public streets, sidewalks, and right -of -way.
(c) Avoid excessive signage in order to give each business or use optimum visibility to passer-
by traffic and prevent cluttering of the streetscape.
Comprehensive Siqn and Mural Plans
A comprehensive sign plan shall be provided for the following:
(a) Business premises with (5) or more tenants on the premise and all multiple -story buildings
with (2) or more tenants in the building.
(b) All developments approved as a planned unit development.
(c) Murals on business premises.
What about large schools or other "Campus" type developments?
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Agenda Item D.1
Such a plan, which shall include the location, size, height, color, lighting and orientation of all
signs and/or murals, shall be submitted for preliminary plan approval by the city; provided that, if
such comprehensive plan is presented, exceptions to the sign schedule regulations of this
chapter may be permitted if the sign areas and densities for the plan as a whole are in
conformity with the intent of this chapter and if such exception results in an improved
relationship between the various parts of the plan. In addition, murals must be tasteful, in
keeping with the business premise and surrounding properties, and not contain any defamatory,
obscene, treasonous expressions or opinions, including graffiti.
Comprehensive sign plans shall be reviewed by the community design review board. The
applicant, staff, and city council may appeal the community design review board's decision. An
appeal shall be presented within 15 days of the community design review board's decision to be
considered.
Definitions
Administrator. The director of community development or other person charged with the
administration and enforcement of this chapter.
Advertising Balloon Any inflatable temporary sign.
Alteration. Any major alteration to a sign, but shall not include routine maintenance, painting or
change of the sign face of an existing sign.
Awning. A covering attached on the facade of a building which projects typically over a door,
window, or sidewalk.
Awning Sign. A sign affixed flat to the surface of an awning which does not extend vertically or
horizontally beyond the limits of such awning.
Banner Sign. A temporary sign that is made of flexible material, contains a message, and is not
inflatable.
Billboard. A sign adjacent to a designated highway which advertises a product, event, person,
institution, activity, business, service or subject not located on the premises on which said sign
is located. This definition shall not include an off -site real estate sign
Changeable Copy Message Board. A sign or portion of a sign which is characterized by
interchangeable letters and figures. This definition shall not include electronic message boards.
Collector Streets. As defined in the city's comprehensive plan these are roadways designed to
carry traffic between the arterial system and the local system, convey intra - community traffic
between neighborhoods, business centers, industries, parks and the like, and provide direct
access to abutting properties.
Construction Sign. A temporary sign erected on the premises prior to or during construction,
indicating the names of the architects, engineers, landscape architects, contractors or similar
artisans, and /or the owners, financial supporters, sponsors, and similar individuals or firms
having a role or interest with respect to the structure or project.
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Agenda Item D.1
Directional Information Sign. A sign, generally informational, that has a purpose secondary to
the use of the property upon which it is located, intended to facilitate the movement of
pedestrians and vehicles within the site and identify the location and nature of a building not
readily visible from the street.
District. The zoning districts as designated on an official map of the city and described in the
district regulations.
Dwelling Unit. Any structure or portion of a structure that is designated as short -term or long-
term living quarters, including motel units, hotel units, or cabins.
Electronic Message Board. A sign with a fixed or changing display message composed of a
series of electronic illuminated segments.
Flags. Any device generally made of flexible materials, such as cloth, and displayed on strings
containing distinctive colors, patterns, or symbols used as a symbol of government, political
subdivision, or other entity.
Flashing Sign. An illuminated sign which contains flashing lights or exhibits with noticeable
changes in light intensity.
Freestandinq Sign. A sign that is attached to, erected on, or supported by an architecturally -
planned structure (such as a pole, mast, frame, or other structure) that is not itself an integral
part of or attached to a building or other structure whose principal function is something other
than the support of a sign. This definition includes pylon signs and monument signs.
Garage Sale Sign. A sign that advertises the sale of personal property from a person's home.
This definition includes, but is not limited to, yard -sale, craft, boutique and estate -sale signs.
Gas Station Canopy Sign. A sign affixed to the canopy of a gas station pump island which may
or may not be attached to the principal building.
Graffiti. Unauthorized markings of paint, dye, or other similar substance that have been placed
on real or personal property such as buildings, fences, transportation equipment, or other
structures, or the unauthorized etching or scratching of the surfaces of such real or personal
property, any of which markings, scratching, or etchings are visible from premises open to the
public.
Ground Grade. The elevation of the ground closest to the sign to which reference is made.
Illuminated Sign. A sign that is illuminated internally by a light source inside the sign or
externally by means of external light fixtures directed at the sign.
Local Streets. As defined in the city's comprehensive plan these are roadways that serve short
trips at low speeds.
Menu Board. An outdoor sign which lists available menu offerings for drive- through customers
at a retail establishment which includes a permitted drive - through component, for the purpose of
enabling customers to order from the menu and where the advertising or promotional
component of the sign is secondary.
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Agenda Item D.1
Minor Arterial. As defined in the city's comprehensive plan these are roadways that connect
sub - regions that are the closest routes parallel to the principal arterials and supplement and
provide relief for traffic to the principal arterial.
Monument Sign. A sign not supported by exposed posts or poles located directly at the grade
where the width dimension of the architecturally designed base is 50 percent or more of the
greatest width of the sign face.
Multiple Tenant Building. A commercial building containing two (2) or more tenants.
Mural. A design, image, or expression on the exterior of a building, generally for the purpose of
decoration or artistic expression, including, but not limited to paintings, markings, and etchings
and does not include any on or off -site advertisement.
Noncommercial Opinion Signs. A sign that expresses an opinion or point of view that does not
advertise any product, service, or business, or display a commercial message, excluding
political campaign signs.
Nonconforming Sign. A sign lawfully erected and maintained prior to the adoption of this
ordinance that does not conform to the requirements of this ordinance.
On -Site Real Estate Sign. A sign advertising the sale, lease, or rental of real estate upon which
the sign is located
Off -Site Directional and Open House Real Estate Sign. A sign located within the right -of -way
that advertises the sale, lease, or rental of real estate or the open house for such real estate
located off the premises where the sign is located.
Off -Site Real Estate Sign. A sign advertising the sale, lease, or rental of real estate for single or
multiple- family housing developments located off the premises where the sign is located.
Painted Wall Sign. A sign painted directly on the exterior wall of a building or structure,
excluding murals.
Principal Arterial. As defined in the city's comprehensive plan these are roadways designed to
carry the highest volume of traffic, allow the highest speeds, are for the longest trips, and
provide sub - regional, regional, and inter - community access.
Principal Use. The main purpose for which land, buildings, or structures are ordinarily used.
Professional Occupation Sign. A sign which contains no advertising but is limited to the name,
address, telephone number, and occupation of the person carrying on a permitted home
occupation out of any residential use.
Property Frontage. The property lines or lease lines at the front of a building in which the
business is located or the location of the main public entrance of the building.
Political Campaign Sign A temporary sign promoting the candidacy of a person running for a
governmental office or promoting a position or an issue to be voted on at a governmental
election.
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Agenda Item D.1
Portable Sign. A sign constructed to be movable from one location to another and not
permanently attached to the ground or to any immobile structure or any device whose primary
function during a specific time is to serve as a sign.
Public Service Sign Any sign primarily intended to promote items of general interest to the
community. Time and temperature signs are considered a public service sign.
Project Sign. A temporary sign which identifies a proposed or new development.
Proiectinq Sign. A sign, other than a wall sign, which is supported and projects from more than
(18) inches at a right angle from the wall of a building.
Pylon Sign. A sign that is mounted on a narrow freestanding pole or other support structure so
that the bottom edge of the sign face is (6) feet above the architecturally designed base.
Residential Use Building. Any dwelling, boarding, lodging or rooming house, dormitory unit,
fraternity, or sorority house.
Roof Line. The uppermost line of the roof of a building or, in the case of an extended facade,
the uppermost height of said facade.
Roof Sign. A sign erected upon the roof of a building or extending above the roof line of the
building to which it is attached, and which is wholly or partially supported by said building.
Sign. Any structure, device, advertisement, advertising device, or visual representation
intended to advertise, identify, or communicate information and to attract the attention of the
public for any purpose. A sign includes any illuminated or non - illuminated symbol, letter, logo,
figure, illustration or form painted or otherwise affixed to a building or structure, excluding
murals. A sign also includes any beacon or searchlight intended to attract the attention of the
public for any purpose. For the purpose of removal, signs shall also include all sign structures.
Architectural lighting, such as neon that has no sign copy, shall not be considered to be a sign.
Sign Area. The entire area within a continuous perimeter enclosing the extreme limits of the
sign message and background. In the case of a sign designed with more than one exterior
surface, the area shall be computed as including only the maximum single display surface which
is visible from any ground position at one time. The supports, uprights, or structures in which
any sign is supported shall not be included in determining the sign area. )
Sign Face. The surface of the sign including letters and background upon, against, or through
which the message is displayed or illustrated.
Sign Structure. The supports, braces, and framework of a sign.
Street Frontage. The linear frontage of a parcel of property abutting a street.
Special Event Sign. A temporary sign or display erected by a civic organization, religious
organization, or other non- profit organization or group for the purpose of identifying a non-
commercial, one -time, or annual special event.
Temporary Displays. Temporary displays or features that do not clearly fall into the definition of
a sign, but which direct attention to a product, place, activity, business, person, institution, or
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Agenda Item D.1
organization Temporary displays include three - dimensional shapes, inflatable objects, search
lights, and other similar devices.
Temporary or Seasonal Sign. A sign for a specific advertisement purpose that is of a limited
duration and is not permanently attached to the ground or wall.
Time and Temperature Sign. A sign that contains an electronic message board portion that only
displays the time and temperature.
Video Board A video board is any device designed for outdoor use which is capable of
displaying a video signal, including, but not limited to, cathode -ray tubes (CRTs), light- emitting
diode (LED) displays, plasma displays, liquid- crystal displays (L CDs), other technologies used
in commercially available televisions or computer monitors.
Wall Sign. A flat sign which does not project more than eighteen (18) inches from the face or
wall of the building upon which it is attached, running parallel for its whole length to the face or
wall of the building, and which does not extend beyond the horizontal width of such building.
Window Sign. A sign painted on a window or placed inside the building to be viewed through
the glass by public. This does not include merchandise on display in a window, seasonal
displays of holiday pictures, decals, lights, and decorations that do not contain a commercial
message or signs which are legally required to be posted.
Wall Surface of Building. The total horizontal surface area of the building face to which the sign
is attached, including windows and door areas, measured to the extreme outer limits of such
wall surface.
Sian Area and Heiaht Computation
(a) Where the sign is a separate panel, structure, or other material forming a single display, the
area of the message display face shall constitute the area of the sign. The supports, uprights,
bases, or structures on which any sign is supported shall not count towards the sign area unless
the supports, uprights, bases, or structures are an integral part of the sign display.
(b) Where the sign is designed with more than (1) exterior sign face, the sign area shall be
computed as including only the maximum single display surface which is visible from any
ground position at one time.
(c) Where the sign consists of any combination of individual letters, panels, numbers, figures,
illustrations, or of a line or lines, to form a display or sign, the area of the sign shall be computed
using the outside dimensions of the various words, figures, and illustrations composing the
entire sign.
(d) The sign coverage area includes the area of the message display face and the frame,
background, and supports for a sign.
(e) The height of a sign shall be measured by the vertical distance from the ground grade to the
top of a sign.
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Agenda Item D.1
Nonconformina Sians
(a) Nonconforming Permanent Signs. Nonconforming permanent signs lawfully existing on the
effective date of this chapter shall be allowed to continue in use, but shall not be rebuilt,
relocated or altered, other than minor alterations including routine maintenance, painting, or
refacing the copy of sign, without being brought into compliance with this chapter. After a non-
conforming sign has been removed, it shall not be replaced by another nonconforming sign.
(b) Nonconforming Temporary Signs. Nonconforming temporary signs existing on the effective
date of this chapter shall be brought into compliance or removed within (60) days from the
effective date of the chapter.
Enforcement Procedures
(a) Permanent Signs. The city shall send notice to the owner of any permanent sign in violation
of the provisions of this chapter. The notice shall require that the owner correct all code
violations. If the sign is not a safety hazard, the city shall allow (30) days for the owner to
correct the violation. If the sign is a safety hazard the city shall take immediate action to end the
hazard.
(b) Temporary Signs. The city shall send notice to the owner of all other illegal temporary signs
and allow (7) days for the owner to correct all code violations or remove the sign.
(c) Removal of Signs. If the sign owner does not obey the city's orders, the city may remove or
alter the sign at the owner's expense under the procedures of section 18 -37. The city may
remove illegal signs on a street right -of -way without notice. If the city removes a sign the city
may sell or dispose of it if the owner does not reclaim the sign and pay any removal costs within
(30) days of the sign's removal.
Prohibited Sians
(a) Signs or sign structures attached or supported on balconies, fences, or other non-
permanent structures.
(b) Signs attached or supported on a permanently parked vehicle or semi - trailers intended to
advertise a business, product, or service. Not including signs painted directly on a parked
vehicle or semi- trailer used in the business or facility or on site for business purposes.
(c) Signs on rocks, trees, or other natural features or public utility poles.
(d) Signs that have blinking, flashing, fluttering lights, make noise, or change in brightness or
color including, but not limited to, electronic message board signs, flashing signs, and video
board signs as defined in this chapter; except for electronic message boards that display only
time and temperature or similar public service messages according to the requirements
specifically outlined in this chapter.
(e) Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or
opening intended to provide ingress or egress for any building structures.
(f) Signs that by reason of location, color, or intensity create a hazard to the safe, efficient
movement of vehicles or pedestrian traffic. No private sign shall contain words which might be
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Agenda Item D.1
construed as traffic controls such as "stop," "caution," "warning," etc., unless such sign is
intended to direct traffic on the premises.
(g) Painted wall signs.
(h) Roof signs.
(i) Signs that advertise a product or service not sold on the property, except for billboards or
other off -site signs where specifically permitted in this chapter.
Q) Signs having features or incorporating parts of any sign prohibited in this chapter.
Signs Exempt from Regulations in this Chapter
(a) Any public notice or warning sign required to be maintained or posted by law or
governmental order, rule, or regulation.
(b) Flags and emblems of a political, civic, religious, or other non - commercial nature. Flags
that do not meet these requirements will be considered banners and be regulated as such.
(c) Any sign inside a building, not attached to an exterior window, that is not legible from a
distance of more than (10) feet.
(d) Traffic control signs, as defined by state law.
(e) Memorial plaques, cornerstones, historical tablets, and the like
(f) Seasonal displays of holiday lights and decorations that do not contain a commercial
message.
Sian Permits
If a sign requires a permit the property owner shall secure the sign permit prior to the
construction or major alteration of such a sign. No sign permit of any kind shall be issued for an
existing or proposed sign unless such sign is in compliance with the requirements of this
chapter.
Application
The application for permission to erect or alter any such sign shall be in writing, using a current
Sign Permit Application, and signed by the owner or occupant of the building. The application
shall specify the location, height, dimensions of the sign and, where applicable, the dimensions
of the wall surface of the building to which it is to be attached and total square footage of the
building. Applications shall be accompanied by a sketch of the sign and any other facts the city
requires for full information of the nature and safety of the proposal. An electrical permit is also
required for all signs containing electrical wiring.
Appeals
When a permit under this chapter is denied, the administrator shall give notice to the applicant
within (30) days of denial, together with reasons for denial. Appeals from the decisions of the
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Agenda Item D.1
administrator under the provisions of this chapter shall be made to the city council. Denial shall
be based on noncompliance with this chapter.
Fees
The city council shall set all sign permit fees annually.
Time Limits
(a) A sign permit shall become null and void if the work for which the permit was issued has not
been completed within one year of the issuance or renewal.
(b) All permits for the erection or alteration of signs shall be issued for the useful life of the sign.
Minor alterations to an existing sign including routine maintenance, painting, or refacing the
copy do not require a new sign permit.
General Reaulations and Standards
All signs shall be constructed in a manner and of such materials that they shall be safe and
substantial and in compliance with the building code. In addition, all signs containing electrical
wiring shall be subject to the provisions of the current state electrical code.
Maintenance
All signs in the city, together with all of their supports, braces, and anchors, shall be kept in
repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly
painted or posted at all times. Every sign and the immediate surrounding premises shall be
maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive
condition, and free and clear of all obnoxious substances, rubbish, and weeds.
Attachment to Buildings
All signs attached to a building shall not obstruct any fire escape, exit, standpipe, or any window
required for light or ventilation. The signs shall be placed flat against the building and project no
further than (18) inches from the building except where specifically allowed in this chapter.
Freestanding Sign Placement
All signs not attached to any building or structure shall maintain at least a (10) foot setback from
any lot line and shall not be placed in a street right -of -way unless specifically stated otherwise in
this chapter. No such sign shall project over a property line or a public right -of -way, except
where allowed in this chapter, and all required clearances from overhead power and service
lines must be maintained. Signs placed near the corner of two intersecting streets shall comply
with clear sight triangle requirements in section 32 -246.
Illumination
All illuminated signs must be in compliance with the city's outdoor lighting requirements in
section 44 -20. In addition, illumination for all signs shall be constant and steady. See also item
(d) under prohibited signs.
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Agenda Item D.1
Special Puroose and Temporary Sians Permitted in All Zonina Districts
All signs listed below do not require a sign permit and shall not count towards the building or
property maximum signage allowed unless otherwise noted:
Construction Signs
One construction sign is permitted just prior to or during construction of a development. Each
construction sign shall not exceed a ratio of (1) square foot of sign area for each (1,000) square
feet of lot area. In no case shall the area of the sign exceed (64) square feet and (10) feet in
height. The sign shall be removed after major construction has finished.
Directional Information 31gns
On -site directional information signs not exceeding (6) square feet and (6) feet in height are
permitted for all types of property except single and double - dwelling lots.
Garage Sale Signs
Garage sale signs not exceeding (3) square feet and (3) feet in height are permitted on private
property or in the public right -of -way. No part of such sign shall be closer than (5) feet to the
street pavement or (1) foot to a sidewalk or trail. Said sign shall not be located between the
street and a sidewalk or trail. Signs in the public right -of -way at an intersection are limited to (1)
garage sale sign per corner at each intersection, with a maximum of (4) separate garage sale
signs intersection. All signs shall display the actual dates of the sale and may be erected (1)
day prior to the sale and must be removed within (1) day after the sale.
Menu Boards
Menu boards shall not exceed sixty -four (64) square feet and (6) feet in height. Menu boards
shall not be located as to impair the vision of the driver of a vehicle traveling into, out of, or
through the drive through isle.
No Trespassing Signs
Signs not exceeding (9) square feet, located upon private property, and directed towards the
prevention of trespassing.
On -Site Real Estate Signs
(a) For single and double dwelling lots, (1) on -site real estate sign not exceeding (9) square feet
is permitted for each street upon which the property has frontage.
(b) For all other types of property, (1) on -site real estate sign is permitted for each street upon
which the property has frontage. Each sign shall not exceed a ratio of (1) square foot of sign
area for each (1,000) square feet of lot area. In no case shall the area of any one sign exceed
(64) square feet or (10) feet in height.
(c) All real estate signs shall pertain to the sale, lease, or rental of the property only and must
be removed within (7) calendar days of the close of the property or when 90 percent or more of
the dwelling units on the property have been sold, leased, or rented.
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Agenda Item D.1
Off -Site Directional or Open House Real Estate Sions
Off -site directional or open house real estate signs not exceeding (3) square feet and (3) feet in
height may be placed on the public right -of -way. No part of such sign shall be closer than (5)
feet to the street pavement or (1) foot to a sidewalk or trail. Said sign shall not be placed
between the street and a sidewalk or trail. Signs are limited to (1) real estate listing and (1)
open house sign per corner at each intersection, with a maximum of (4) separate real estate
listings and (4) separate open house signs per intersection. Off -site directional signs may be
placed in the right -of -way for (30) days per real estate listing and open house real estate signs
may be placed in the right -of -way on the day of the open house only.
Off -Site Real Estate Signs
Off -site real estate signs exceeding (3) square feet may be placed on private property. Such
signs require a permit, shall not be located in the right -of -way, and the sign owner /installer must
supply written permission to the city from the property owner on which property the sign is
installed. Each development is limited to one such sign. The maximum area of any such sign
shall be (64) square feet and the maximum height shall be (6) feet. The sign must be removed
when at least 90 percent of the dwelling units approved by the city have been sold or rented.
Noncommercial Opinion Signs
(a) For residential uses, one sign that expresses an opinion or a viewpoint of a non - commercial
nature is allowed per property. The noncommercial opinion sign shall not be illuminated or
exceed (32) square feet iand (6) feet in height. For multiple -unit developments, the sign must
be attached to the dwelling unit or placed in a location that clearly indicates ownership and does
not represent the opinions of other residents in the area who have not agreed to the sign.
(b) For all other types of property, the signs allowed by this chapter may contain opinion
messages but shall not exceed (64) square feet in total area.
Political Campaign Signs
(a) For local regular elections and referendums, political campaign signs may be posted from
August 1 until ten (10) days following said election or referendum.
(b) For local special elections and referendums, political campaign signs may be posted from
date of filing until ten (10) days following said special election or referendum.
(c) Political campaign signs shall not exceed sixteen (16) square feet and six (6) feet in height.
(d) The number of political campaign signs on one property during an election season is limited
to one (1) per candidate and one (1) per opinion /ballot issue.
(e) All political campaign signs shall be setback at least five (5) feet from the edge of the
nearest street and at least one (1) foot from any sidewalk or trail. Said signs shall not be placed
between a street and a sidewalk or trail or at any other location that obstructs driver or
pedestrian visibility. The consent of the underlying property owner, if the underlying land is a
public right -of -way, or the property owner fronting the proposed location, must be obtained
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Agenda Item D.1
before placement of such sign. In addition, political campaign signs are prohibited on obviously
public property and utility poles.
(f) In a state general election year, the size, number, and duration of political campaign sign
displays shall comply with the provisions of Minnesota Statute 211.6.045, and nothing in this
chapter shall be construed as applicable except location restrictions.
Protect Signs
One project sign is permitted per property just prior to or during construction. Each project sign
shall not exceed a ratio of (1) square foot of sign area for each (1,000) square feet of lot area.
In no case shall the area of the sign exceed (64) square feet and (10) feet in height. The sign
shall be removed after major construction has finished. Project signs may be utilized to
advertise property for lease or sale just prior to construction, but must be used in lieu of a
separate real estate sign.
Temporary Signs and Displays Under (12) Square Feet
One (1) non - illuminated temporary sign or display under (12) square feet is allowed per property
(except for single and double dwelling properties) for a period not to exceed (30) days total per
sign. For commercial buildings with multiple occupants, each separate tenant is permitted (1)
such sign. No more than (3) temporary signs under (12) square feet shall be allowed at a
property at any one time
Signs in Residential Zoning Districts (Districts R -1, R -11R, R -S, R -E, R -2, AND R -3)
All signs require a sign permit unless otherwise noted.
Professional Occupation Siqns
One professional occupation sign of not more than (2) square feet for a residence with a
permitted home occupation shall be allowed without a sign permit.
This should be one wall sign per street frontage. This should include churches, schools,
libraries, community centers or other institutions — or any use allowed in residential.
Wall Signs
One wall sign up to (24) square feet shall be allowed for residential subdivisions and multiple -
unit developments and for all legal non- residential uses excluding home occupation businesses.
The sign may be affixed to the wall of the main building or an overhanging canopy or awning.
Monument Siqns
One monument sign up to (32) square feet shall be allowed by sign permit for residential
subdivisions and multiple -unit developments and for all legal non - residential uses excluding
home occupation businesses. Said sign shall be a maximum of (6) feet in height. The sign
shall be designed to be architecturally compatible with the building or project with the base of
the sign consisting of colors and materials compatible to the building or project. The area
around the base of the sign shall also be landscaped.
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Packet Page Number 20 of 59
Agenda Item D.1
Chanaeable Conv Messaae Boards
Changeable copy message boards are permitted as part of a permanent freestanding
monument sign or wall sign for all legal non - residential uses excluding home occupation
businesses. The message board shall not comprise more than 50 percent of the total square
footage of said sign.
Temporary Banners
Temporary banners may be displayed without a permit for residential subdivisions and multiple -
unit developments and for all legal non - residential uses excluding home occupation businesses
for a period not to exceed (60) days total per year, per property. No more than (1) banner may
be displayed per property at any one time. Each banner shall not exceed (32) square feet and
must be attached to a building or other permanent structure. Banners shall be designed to be
professional looking and prevented from becoming torn or weathered.
Temporary Signs and Displays Over (12) square feet
One temporary sign or display over (12) square feet is permitted by sign permit for up to (30)
days per year, per property. However, the permit fee shall not be charged for temporary signs
and displays erected by civic organizations, religious organizations, or other non- profit
organizations or groups for the purpose of identifying a non - commercial, one -time, or annual
special event. In no case shall the area of the sign exceed (32) square feet or the height of the
sign exceed (8) square feet. The time period may be extended to (60) days during the first year
of operation of a new business and (90) days for a temporary seasonal business. The city shall
consider a sign displayed for part of a day as having been up for an entire day.
Signs In the LBC (Limited Business Commercial), CO (Commercial Office), and NC
(Neighborhood Commercial) Zoning Districts
All signs require a sign permit unless otherwise noted.
Professional Occupation Signs
One professional occupation sign of not more than (2) square feet for a residence with a
permitted home occupation shall be allowed without a sign permit.
Wall Signs
(a) For each occupant of a building, (1) wall sign is allowed for each street upon which the
property has frontage. The total number of wall signs may be increased by (1) for each clearly
differentiated department of a business or enterprise.
(b) The total area of any (1) wall sign shall not cover more than 20 percent of the wall surface to
which the sign is attached or (32) square feet, whichever is greater. As an alternative, a wall
sign may be placed on an overhanging awning or canopy as long as the wall sign does not
exceed 50 percent of the face of the awning or canopy, or (32) square feet, whichever is less.
(c) For multiple tenant buildings, the wall surface for each tenant or user shall include only the
surface area of the exterior facade of the premises occupied by such tenant or user.
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Agenda Item D.1
Freestandina Sians
One freestanding sign up to (64) square feet and (10) feet in height is permitted for each street
upon which the building has frontage. For buildings with multiple street frontages, each
additional freestanding sign must be located on a different street and each said sign must be
separated by more than (100) feet measured in a straight line between the signs. The sign shall
be designed to be architecturally compatible with the building or project with the base of the sign
consisting of colors and materials compatible to the building or project. The area around the
base of the sign shall also be landscaped including the bottom of a pylon sign.
Changeable Copy Message Boards
Changeable copy message boards are permitted as part of a permanent freestanding sign or
wall sign but are limited to comprising no more than 70 percent of the total square footage of
said sign.
Temporary Banners
(a) For single tenant buildings, temporary banners may be displayed without a sign permit for a
period not to exceed (60) days total per year, per property. No more than (1) banner may be
displayed per property at anyone time, except for multiple- tenant buildings (see below).
(b) For multiple tenant buildings, each separate tenant may display temporary banners without
a sign permit for a period not to exceed (60) days total per year, per property. No more than (1)
banner may be displayed per separate tenant at any one time.
(c) Each banner shall not exceed (32) square feet and must be attached to a building or other
permanent structure. Banners shall be designed to be professional looking and prevented from
becoming torn or weathered.
Temporary Window Signs
Temporary window signs are allowed without a permit for a period not to exceed (30) days total
per sign, per year. Temporary window signs shall be neatly painted or attached to the surface
of a window, but shall cover no more than 30 percent of the total area of the window.
Temporary Signs and Displays Over (12) Square Feet
One temporary sign or display over (12) square feet is permitted for up to 30 days per year, per
business. However, the permit fee shall not be charged for temporary signs and displays
erected by civic organizations, religious organizations, or other non - profit organizations or
groups for the purpose of identifying a non - commercial, one -time, or annual special event. In no
case shall more than one temporary sign or display be displayed per property at any one time.
The sign or display shall not exceed (32) square feet or (8) feet in height. The time period may
be extended to (60) days during the first year of operation of a new business and (90) days for a
temporary seasonal business. The city shall consider a sign displayed for part of a day as
having been up for an entire day.
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Agenda Item D.1
Signs in the BC (Business Commercial), BC -M (Business Commercial Modified), M -1
(Light Manufacturing), and M -2 (Heavy Manufacturing) Zoning Districts
All signs require a permit unless otherwise noted.
Professional Occupation Signs
One professional occupation sign of not more than (2) square feet for a residence with a
permitted home occupation shall be allowed without a sign permit.
Wall Signs
(a) For each occupant of a building, one wall sign is allowed for each street upon which the
property has frontage. The total number of wall signs may be increased by one for each clearly
differentiated department of a business or enterprise.
(b) The total size of all wall signage for single- tenant buildings is determined by the gross
square footage of the principal structure on the property. The total coverage area of each wall
sign, including each differentiated business, shall be based on the wall surface to which the sign
is attached.
(c) The following table indicates maximum signage permitted for single- tenant buildings:
Principal Structure Gross
Maximum Size and Coverage
Square Feet of Floor Area
Area of Each Sign
Less than 10,000 sq. ft
80 sq. ft. or 20% of wall face,
whichever is less
10,000 to 20,000 sq. ft.
100 sq. ft. or 20% of wall face,
whichever is less
20,000 to 100,000 sq. ft.
150 sq. ft. or 15% of wall face,
whichever is less
Greater than 100,000 sq. ft.
200 sq. ft. or 10% of wall face,
whichever is less
(d) The total coverage area of each wall sign for multiple - tenant buildings is (10) percent of the
surface area of the exterior fagade of the premises occupied by such tenant, or 32 square feet,
whichever is more.
(e) A wall sign may be attached to an overhanging awning or canopy, instead of the fagade of
the building, as long as the wall sign does not exceed 50 percent of the face of the awning or
canopy, or the maximum size specified above, whichever is less.
Gas Station Canopies
Gas stations are allowed (1) additional wall sign that may be attached to the fagade of the
building or the overhanging canopy above the pump island. The wall sign on the canopy shall
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Agenda Item D.1
not exceed 50 percent of the face of the canopy, or the maximum size specified above,
whichever is less.
Freestanding Signs
(a) One freestanding sign is permitted for each street upon which the property has frontage.
For properties with multiple street frontages, each additional freestanding sign must be located
on a different street and each sign must be separated by more than (100) feet measured in a
straight line between signs, excluding auto dealerships.
(b) The total size and maximum height of each freestanding sign is determined by the street
classification of the closest street to which each freestanding sign is located. In the case of
signs located at an intersection, the higher ranking street classification should be used to
determine the maximum height and size allowable for a freestanding sign. Businesses that are
located on a frontage road designed to provide safe access to minor arterials and principal
arterials shall be permitted to erect a freestanding sign up to the determined maximum height
and size allowable for a freestanding sign on said minor arterial or principal arterial road to
which it is adjacent.
(c) The following table lists the maximum size and heights permitted for freestanding signs:
Classification of Street
Abutting Property
Maximum Sign
Size (sq. ft.)
Maximum Height of
Pylon Sign (feet)
Maximum Height of
Monument Sign (feet)
Principal Arterial
180
25
12
Minor Arterial
140
20
12
Collector Street
100
15
10
Local Street
80
12
10
(d) The freestanding sign shall be designed to be architecturally compatible with the building or
project, with the base of the sign, including pylon sign poles, consisting of materials and colors
compatible to the building or project. The area around the base of the sign shall also be
landscaped.
Changeable Copy Message Boards
Changeable copy message boards are permitted as part of a permanent freestanding sign or
wall sign but are limited to comprising no more than 70 percent of the total square footage of
said sign.
Electronic Message Boards
Electronic message boards as defined (public service signs) are permitted as part of a
permanent freestanding sign or wall sign, provided that, the sign comprises no more than 50
percent of the total square footage of said sign. No such sign containing an electronic message
board shall be erected closer than (75) feet from any residential land use district on which there
exists structures used for residential purposes.
Auto Dealershi
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Agenda Item D.1
Auto dealerships may have one freestanding sign identifying the dealership, plus one
freestanding sign advertising each car franchise. The maximum sign area and height for the
freestanding signs shall be determined by the classification of the abutting roads, as specified
above. More than one freestanding sign may be allowed per street frontage provided said signs
are separated by more than (150) feet measured in a straight line between the signs.
C 111 •#. •
(a) Off- premise billboards shall only be permitted with a conditional use permit and may only be
located adjacent to a principal arterial street in the SC (shopping center), BC (business
commercial), M -1 (light manufacturing), and M -2 (heavy manufacturing) districts.
(b) Spacing No billboard sign shall be located within (2,300) feet to another billboard on the
same side of the street, within (100) feet to a commercial, industrial, institutional building, or an
on- premises sign, and within (250) feet to a residential district or (800) feet to a residence.
Billboards shall maintain a setback of (50) feet from any property line, (500) feet to a local park,
and (300) feet from the nearest intersecting street corner of two public roads.
(c) Size. The maximum area of the sign face of a billboard shall not exceed (450) square feet,
including border and trim, but excluding base, apron supports, and other structural members.
The said maximum size limitation shall apply to each side of a sign structure. Signs may be
placed back -to -back or in a V -type arrangement if there are no more than (2) sign faces,
provided that the open end separation shall not exceed (15) feet. A billboard may only display
one message at a time on any sign face. The maximum height for billboards shall be (35) feet.
Temporary Banners
(a) For single tenant buildings, temporary banners may be displayed without a sign permit for a
period not to exceed (60) days total per year, per property. No more than (1) banner may be
displayed per property at any one time, except for multiple- tenant buildings (see below).
(b) For multiple tenant buildings, each separate tenant may display temporary banners without
a sign permit for a period not to exceed (60) days total per year, per property. No more than (1)
banner may be displayed per separate tenant at any one time.
(c) Each banner shall not exceed (64) square feet and must be attached to a building or other
permanent structure. Banners shall be designed to be professional looking and prevented from
becoming torn or weathered.
Temporary Window Signs
Temporary window signs are allowed without a permit for a period not to exceed (30) days total
per sign, per year. Temporary window signs shall be neatly painted or attached to the surface
of a window, but shall cover no more than 30 percent of the total area of the window.
Temporary Signs and Displays Over (12) Square Feet
One temporary sign or display over (12) square feet is permitted for up to 30 days per year, per
business each calendar year by sign permit. However, the permit fee shall not be charged for
temporary signs and displays erected by civic organizations, religious organizations, or other
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Agenda Item D.1
non - profit organizations or groups for the purpose of identifying a non - commercial one -time or
annual special event. The time period may be extended to (60) days during the first year of
operation of a new business and (90) days for a temporary seasonal business. The city shall
consider a sign displayed for part of a day as having been up for an entire day. In no case shall
more than one temporary sign or display be displayed per property at any one time. The sign or
display shall not exceed (64) square feet or (8) feet in height.
Signs In the Mixed -Use (M-U) Zoning District
Sign Review
The community design review board shall review all signage on new buildings or developments
to ensure that the signs meet mixed -use sign requirements and are architecturally compatible
with the new building or development. In addition, the community design review board shall
review all comprehensive sign plans as required in section 44 -736 (comprehensive sign plan).
All signage on mixed -use buildings or developments (buildings or developments previously
approved and built with mixed -use design standards) shall be reviewed by the director of
community development and shall be done in a manner that is compatible with the original
scale, massing, detailing and materials of the original building. All signage on non - mixed -use
buildings or developments (buildings or developments not built with mixed -use design
standards) shall be reviewed by the director of community development and shall comply with
the mixed -use sign requirements, unless classified as a pre - existing nonconforming sign in
which case it shall comply with section 44 -12 (nonconforming buildings or uses).
Projecting Signs
Projecting signs are allowed as part of the overall signage. Projecting signs may not extend
more than four (4) feet over a public right -of -way and a private road or sidewalk, and must not
project out further than the sign's height.
Overall Wall Signs
Allowable area of overall wall and projecting signage for each establishment is one and one -half
(1 " l2) square feet of signage per lineal foot of building or frontage on a road, public open space
or private parking area, or thirty (32) square feet, whichever is greater. Each wall shall be
calculated individually and sign area may not be transferred to another side of the building.
Minor motor vehicle stations with canopies are allowed to place signage on the canopy and the
building as long as they do not exceed the requirements above. Wall and projecting signs shall
not cover windows or architectural trim and detail.
Freestandinq Signs
One (1) freestanding sign for each establishment is allowed if the building is set back at least
twenty (20) feet or more from the front property line. Freestanding signs must meet the
following requirements:
(a) Limited to six (6) feet in height and forty (40) square feet.
(b) Maintain a five -foot (5') setback from any side or rear property line, but can be
constructed up to the front property line.
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Agenda Item D.1
(c) Must consist of a base constructed of materials and design features similar to those of
the front fagade of the building or development.
(d) Must be landscaped with flowers or shrubbery.
Prohibited Sians in the M -U Zonina District
(a) Signs or sign structures attached or supported on balconies, fences, or other non-
permanent structures.
(b) Signs attached or supported on a permanently parked vehicle or semi- trailers intended to
advertise a business, product, or service. Not including signs painted directly on a parked
vehicle or semi - trailer used in the business or facility or on site for business purposes.
(c) Signs on rocks, trees, or other natural features or public utility poles.
(d) Signs that have blinking, flashing, fluttering lights, make noise, or change in brightness or
color except for electronic message boards that display only time and temperature or similar
public service messages according to the requirements specifically outlined in this chapter.
(e) Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or
opening intended to provide ingress or egress for any building structures.
(f) Signs that by reason of location, color, or intensity create a hazard to the safe, efficient
movement of vehicles or pedestrian traffic. No private sign shall contain words which might be
construed as traffic controls such as "stop," "caution," "warning," etc., unless such sign is
intended to direct traffic on the premises.
(g) Painted wall signs.
(h) Roof signs.
(i) Signs that advertise a product or service not sold on the property, except for billboards or
other off -site signs where specifically permitted in this chapter.
Q) Signs having features or incorporating parts of any sign prohibited in this chapter.
(k) Electronic message boards and changeable copy message boards, except for changeable
copy message boards that display gas prices at minor motor vehicle fuel stations.
19
Packet Page Number 27 of 59
Agenda Item D.1
Attachment 3
AN ORDINANCE AMENDING THE SIGN AND LICENSING CODE TO ALLOW DYNAMIC
DISPLAY SIGNS
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This amendment revises Section 44 -737 (prohibited signs):
Signs that are not specifically permitted in this article are hereby prohibited. The
following signs are specifically prohibited:
(3) Signs that have blinking, flashing or fluttering lights. Sinner that g ive p blir
ser w i IIe�nfnrm� +inn c� irh �c +imn �nr! +mm�or ;; pro ern ovomn+
0
Section 2. This amendment revises Section 44 -807 (temporary signs):
Temporary signs with blinking, flashing, or fluttering lights or with dynamic
displays are prohibited.
Section 3. This amendment revises Section 44 -736 (comprehensive sign plan):
A comprehensive sign plan shall be provided for the following: (1) business premises
which occupy the entire frontage in one or more block fronts or for the whole of a
shopping center or similar development having five or more tenants in the project;
dynamic display wall signs; (3) large campuses consisting of buildings and land of ten or
more acres, and (4) shared signs Such a plan, which shall include the location, size,
height, color, lighting and orientation of all signs, shall be submitted for preliminary plan
approval by the city, provided that i f 6,,h nmmPrnhonciVe plan is nreseRted
eExceptions to the sign code ° ^h° ,.
-1 ile regula+innG of this article may be permitted for 44
sign areas, and densities, and dynamic display changeover rates for the plan as a
whole if the signs are in conformity with the intent of this article,. and if ss ,,,.h exGeptinnc
results in an improved relationship between the various parts of the plan, and
encourages and promotes the removal of nonconforming signs through the use of
shared signs Comprehensive sign plans shall be reviewed by the community design
review board. The applicant, staff, and city council may appeal the community design
review board's decision. An appeal shall be presented to city staff within 15 days of the
community design review board's decision to be considered by the city council
Section 4. Adopt an off -site and on -site dynamic display sign ordinance to be included in the
city sign code (Article III, Section 44 -731 through Section 44 -1024) as follows:
a. Findings. Studies show that there is a correlation between dynamic displays on
signs and the distraction of highway drivers. Distraction of drivers can lead to
traffic accidents. Drivers can be distracted not only by a changing message, but
also by knowing that the sign has a changing message. In such a case, drivers
may watch a sign waiting for the next change to occur. Drivers also are
distracted by messages that do not tell the full story in one look. People have a
natural desire to see the end of the story and will continue to look at the sign in
order to wait for the end.
Packet Page Number 28 of 59
Agenda Item D.1
Additionally, drivers could be more distracted by special effects used to change
the message, such as fade -ins and fade -outs. Finally, drivers are
generally more distracted by messages that are too small to be clearly
seen or that contain more than a simple message.
Due to these public safety concerns, the city should only allow the use of these
technologies with certain restrictions. The restrictions are intended to minimize
driver distraction, to minimize their proliferation in residential districts where signs
can adversely impact residential character, and to protect the public health,
safety, and welfare.
Local spacing requirements could interfere with the equal opportunity of sign
owners to use such technologies and are not included. Without those
requirements, however, there is the potential for numerous dynamic displays to
exist along any roadway. If more than one dynamic display can be seen from a
given location on a road, the minimum display time becomes critical. If the
display time is too short, a driver could be subjected to a view that appears to
have constant movement. This impact on drivers would be compounded in a
traffic corridor with multiple signs. If dynamic displays become pervasive and
there are no meaningful limitations on each sign's ability to change frequently,
drivers may be subjected to an unsafe degree of distraction and sensory
overload. Therefore, requiring a limit on display times on dynamic signs is in the
public interest.
A constant message is typically needed on an on -site sign so that the public can
use it to identify and find an intended destination. Changing messages detract
from this way - finding purpose and could adversely affect driving conduct through
last- second lane changes, stops, or turns, all of which could result in traffic
accidents.
In conclusion, the City of Maplewood finds that dynamic displays should be
allowed on off and on -site signs but with significant controls to minimize their
proliferation and their potential threats to public health, safety, and welfare.
b. Dynamic display sign means any sign designed for outdoor use that is capable of
displaying a video signal, including, but not limited to, cathode -ray tubes (CRT),
light- emitting diode (LED) displays, plasma displays, liquid - crystal displays
(LCD), or other technologies used in commercially available televisions or
computer monitors. Signs with this technology which are placed by a public
agency for the purpose of directing or regulating pedestrian or vehicle movement
are exempt from this ordinance.
C. Noncommercial dynamic display signs are allowed wherever commercial
dynamic display signs are permitted and are subject to the same standards and
total maximum allowances per site or building of each sign type specified in this
chapter.
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Packet Page Number 29 of 59
Agenda Item D.1
d. Standards for all dynamic display signs:
(1) The images and messages displayed on the sign must be complete in
themselves, without continuation in content to the next image or message
or to any other sign;
(2) Every line of copy and graphics in a dynamic display must be at least
seven inches in height on a road with a speed limit of 25 to 34 miles per
hour, nine inches on a road with a speed limit of 35 to 44 miles per hour,
12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15
inches on a road with a speed limit of 55 miles per hour or more.
(3) Dynamic display signs must be designed and equipped to freeze the
device in one position if a malfunction occurs. The displays must also be
equipped with a means to discontinue the display if it malfunctions, and
the sign owner must stop the dynamic display within one hour of being
notified by the city that it is not meeting the standards of this ordinance.
(4) Dynamic display signs must meet the brightness standards contained in
subdivision (h) below
e. On -site dynamic display signs are allowed subject to Article III (Sign Regulations)
of the city's zoning code, the above- mentioned standards for all dynamic display
signs, and the following additional conditions:
(1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M-
2 and M -1) zoning districts only.
(2) The images and messages displayed on the on -site dynamic display sign
must be static and each display must be maintained for a minimum of two
minutes; and the transition from one static display to another must be
instantaneous without any special effects.
(3) Are allowed as part of a permanent freestanding sign, provided that the
sign comprises no more than 50 percent of the total square footage of
said sign face.
(4) Must be located at least 200 feet from any property which there exists
structures used for residential purposes or from any park or open space
land use district.
(5) Must be located at least 100 feet from any side property line.
(6) Display and advertisement of products, events, persons, institutions,
activities, businesses, services, or subjects which are located on the
premises only or which give public service information.
f. Off -site dynamic display signs are allowed subject to Sections 44 -836 — 44 -841
(Billboards) of the city's zoning code, the above - mentioned standards for all
dynamic display signs, and the following additional condition:
3
Packet Page Number 30 of 59
Agenda Item D.1
The images and messages displayed on the sign must be static and each
display must be maintained for a minimum of 15 seconds and the
transition from one static display to another must be instantaneous
without any special effects.
g. Incentive. Off -site signs do not need to serve the same way- finding function as
do on -site signs and they are distracting and their removal serves the public
health, safety, and welfare. This clause is intended to provide an incentive option
for the voluntary and uncompensated removal of off -site signs in certain settings.
This sign removal results in an overall advancement of one or more of the goals
set forth in this section that should more than offset any additional burden caused
by the incentive. These provisions are also based on the recognition that the
incentive creates an opportunity to consolidate outdoor advertising services that
would otherwise remain distributed throughout Maplewood.
Reduction of Sign Surfaces
(1) A person or sign operator may obtain a permit for a dynamic display sign
on one surface of an existing off -site sign if the following requirements are
met:
(a) The applicant agrees in writing to reduce its off -site sign surfaces
by one by permanently removing, within 15 days after issuance of
the permit, one surface of an off -site sign in the city that is owned
or leased by the applicant, which sign surface must satisfy the
criteria of part (2) of this subsection. This removal must include
the complete removal of the structure and foundation supporting
each removed sign surface. The applicant must agree that the city
may remove the sign surface if the applicant does not do so, and
the application must identify the sign surface to be removed and
be accompanied by a cash deposit or letter of credit acceptable to
the city attorney sufficient to pay the city's costs for that removal.
The applicant must also agree that it is removing the sign surface
voluntarily and that it has no right to compensation for the
removed sign surface under any law. Replacement of an existing
sign surface of an off -site sign with a dynamic display sign does
not constitute a removal of a sign surface.
(b) If the removed sign surface is one that a state permit is required
by state law, the applicant must surrender its permit to the state
upon removal of the sign surface. The sign that is the subject of
the dynamic display sign permit cannot begin to operate until the
sign owner or operator provides proof to the city that the state
permit has been surrendered.
(2) If the applicant meets the permit requirements noted above, the city shall
issue a dynamic display sign permit for the designated off -site sign. This
permit will allow a dynamic display to occupy 100 percent of the potential
copy and graphic area and to change no more frequently than once every
15 seconds. The designated sign must meet all other requirements of this
ordinance.
S
Packet Page Number 31 of 59
Agenda Item D.1
h. Brightness Standards.
(1) The following brightness standards are required for all dynamic display
signs:
(a) No sign shall be brighter than is necessary for clear and adequate
visibility.
(b) No sign shall be of such intensity or brilliance as to impair the
vision of a motor vehicle driver with average eyesight or to
otherwise interfere with the driver's operation of a motor vehicle.
(c) No sign may be of such intensity or brilliance that it interferes with
the effectiveness of an official traffic sign, device or signal.
(2) The person owning or controlling the sign must adjust the sign to meet
the brightness standards in accordance with the city's instructions. The
adjustment must be made within one hour upon notice of non - compliance
from the city.
(3) All dynamic display signs installed after August 20, 2008, must be
equipped with a mechanism that automatically adjusts the brightness in
response to ambient conditions. These signs must also be equipped with
a means to immediately turn off the display or lighting if the sign
malfunctions, and the sign owner or operator must turn off the sign or
lighting within one hour after being notified by the city that it is not
meeting the standards of this section.
(4) In addition to the brightness standards required above, dynamic display
signs shall meet the city's outdoor lighting requirements (section 44-
20(1)).
Public Safety. If city staff determines that a dynamic display sign is not being
operated pursuant to this ordinance due to its location or display capabilities, city
staff can require that the sign be moved, removed, or modified after notice to the
property owner.
Section 5. Adopt an off -site and on -site dynamic display sign licensing ordinance to be
included in the city licensing code (Article 11, Section 14 -26 through Section 14 -1437) as follows:
a. Purpose and Findings. The purpose and intent of this chapter is to establish
rules, regulations and standards for dynamic display signs within the City of
Maplewood.
b. Definitions. The following words and terms, when used in this chapter, shall
have the following meanings unless the context clearly indicates otherwise:
Dynamic display sign means any sign designed for outdoor use that is capable of
displaying a video signal, including, but not limited to, cathode -ray tubes (CRT),
light- emitting diode (LED) displays, plasma displays, liquid - crystal displays
(LCD), or other technologies used in commercially available televisions or
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Packet Page Number 32 of 59
Agenda Item D.1
computer monitors. Signs with this technology which are placed by a public
agency for the purpose of directing or regulating pedestrian or vehicle movement
used are exempt from this ordinance.
*State law references — The 1965 Highway Beautification Act and corresponding
state laws are in place to provide for effective control of outdoor advertisement.
Roadside billboards fall under this category. It is the intent that the cities
regulations adhere to these overriding federal and state statutes.
C. License Required. No person shall operate an off -site or on -site dynamic display
sign in the city without first obtaining a license. Licenses are required to be
reviewed annually.
d. License Fee and Term of License. Licenses issued pursuant to this chapter are
transferable from one owner to another. The amount to be paid for a license
required by this chapter shall be equal to the cost of the dynamic display sign
permit, established and fixed by the city council, by resolution, from time to time.
e. Application for Issuance of License. Applications for a license required by this
chapter shall be made to the city on a form supplied by the city, a minimum of
thirty (30) days prior to the desired start date. The applicant shall state the full
name and address of the applicant; the full business name and address of the
applicant; contact phone numbers; the location /legal description of the premises
where said dynamic billboard will be located; a letter describing operation; a site
plan showing location of the dynamic display sign, and such other information as
required by the applicant form.
Application Process. The completed application shall be presented to the city
clerk for review by the community development department. If the community
development department finds the license meets the dynamic display sign code
requirements, the city clerk shall issue a license.
g. Inspection. The premises of any licensee under this chapter shall be open to
inspection at any time during business hours by any authorized officer of the city.
h. Duration; renewal. Any license issued under this chapter shall be for one year
only, and the application for renewal must be presented to the city clerk each
year. The city shall have the right not to reissue a license for a dynamic display
sign if the sign is found to be noncompliant with the city's dynamic display sign
code. The licensee has the right to appeal such license denial to the city council.
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Packet Page Number 33 of 59
Agenda Item D.1
Section 6. This ordinance shall take effect after the city publishes it in the official newspaper.
The City Council approved the first reading of this ordinance on July 28, 2008.
The City Council approved the second reading of this ordinance on August 11, 2008.
Mayor
Attest:
City Clerk
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Packet Page Number 34 of 59
Agenda Item D.2
MEMORANDUM
TO: James Antonen, City Manager
FROM: DuWayne Konewko, Community Development and Parks Director
Shann Finwall, AICP, Environmental Planner
Ginny Gaynor, Natural Resources Coordinator
SUBJECT: Wetland Ordinance — Proposed Ordinance Changes and
Update
DATE: May 26, 2009 for the June 1 City Council Workshop
INTRODUCTION
On April 13, 2009, the city council held the first reading of the draft wetland ordinance
(Attachment 1). The city council adopted the first reading of the ordinance and requested that
staff research eight areas of the ordinance where concern was expressed. This memorandum
discusses the areas of concern and various ways to address them in the ordinance.
DISCUSSION
Areas of Concern
Following are the eight areas of concern expressed by the city council during the April 13, 2009,
first reading of the wetland ordinance:
Review averaging, it may be too restrictive.
2. Better define best management practices.
3. Eliminate all of the 10 -foot building setback requirements from a buffer, except for the
setback to a utility class wetland.
4. Clarify which parts of the ordinance pertain to single- family homes and which parts
pertain to new development.
5. Clarify that single - family homeowners are able to do work on their own property without
the assistance of a contractor.
6. Consider a decrease in buffers as an incentive to the implementation of best
management practices on single- family lots.
7. Consider regulating wetlands around lakes differently than other wetlands.
8. Consider allowing pre - existing, nonconforming single - family homes to rebuild on the
same footprint.
Proposed Changes
Staff proposes changes to the wetland ordinance to address the above - mentioned concerns.
The sections of the ordinance referred to below are highlighted on the attached draft wetland
ordinance (Attachment 2).
Review averaging, it may be too restrictive.
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Packet Page Number 35 of 59
Agenda Item D.1
Ordinance Language: Section 5.k. (Standards — Alternative Minimum and Average
Buffers) allows reduced buffers on 10 percent of the linear buffer area. Reduced buffers
are allowed on Manage A (100 foot average, 75 foot minimum) and Manage B (75 foot
average, 50 foot minimum) wetlands.
Recommendation: Allow averaging not to exceed a 50 -foot minimum buffer on Manage
A and B wetlands only with no restriction on percentage of linear wetland buffer area as
follows: Manage A - 100 -foot average, 75 -foot minimum; Manage B - 75 -foot average,
50 -foot minimum; Manage G — no averaging, 50 -foot minimum.
2. Better define best management practices.
Ordinance Language: Section 5.k.3.a. (Standards — Alternative Average Buffer
Strategies) defines best management practices that should be implemented when a
development uses buffer averaging and when single- family homeowners construct
additions or rebuild their homes within a buffer.
Recommendation: The best management practices are listed only under the alternative
average buffer strategies. The practices, however, are referred to in the single- family
homeowner addition and rebuild sections of the ordinance as requirements to those
projects. Staff recommends adding the best management practices that apply to the
single- family home projects in that section as well. This will better define exactly what
strategies should be implemented for each type of project.
3. Eliminate the 10 -foot building setback requirement from a buffer, except for the setback
to a utility class wetland.
Ordinance Language: Section 5.i. (Standards — Minimum Buffers) requires a 10 -foot
structure setback from the edge of a buffer.
Recommendation: The purpose for additional structure setbacks to a buffer is to ensure
no grading takes place beyond the buffer for the construction of the structure. Since the
ordinance prohibits grading within a buffer, removal of this requirement would not impact
the buffer because the city would require that the structure be pulled back an appropriate
distance to ensure no grading disturbance occurred in the buffer. Staff recommends
removing the 10 -foot setback requirement from buffers on Manage A, B, and C
wetlands.
4. Clarify which parts of the ordinance pertain to single- family homes and which parts
pertain to new development.
Ordinance Language: A majority of the ordinance does apply to both commercial and
residential property. However, Section 4 (General Exemptions) specifically describes
residential projects that are exempt from the ordinance, including straight -edge additions
to single - family homes and rebuilding single - family homes if they maintain at least a 50
foot setback to a wetland. This is the section of the ordinance that specifically applies to
just single- family homes.
Recommendation: Staff recommends grouping all portions of the ordinance which
pertain to just single- family homes in one section of the ordinance for clarity.
5. Clarify that single - family homeowners are able to do work on their own property without
the assistance of a contractor.
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Packet Page Number 36 of 59
Agenda Item D.1
Ordinance Language: Section 5.k.3.a. (Standards - Alternative Average Buffer Best
Management Practices) discusses the requirement for a buffer restoration plan. The
ordinance states that "The plan may need to be drafted by a professional experienced in
wetland or stream restoration..."
Recommendation: The purpose of the buffer restoration plan is to ensure no negative
impacts to a wetland with major disturbances in a buffer. By requiring a professional to
create a plan and restore the disturbed buffer, the city is assured that the project will not
degrade the wetland. The word "may" was added to allow flexibility for this requirement
in the event a homeowner wanted to do a small -scale project. To further clarify that
homeowners can do work on their own property, staff recommends adding "large -scale
projects" to the language to read: "For large scale projects the plan may need to be
drafted by a professional experienced in wetland or stream restoration..."
6. Consider a decrease in buffers as an incentive to the implementation of best
management practices on single- family lots.
Ordinance Language: Section 5.i. (Standards — Minimum Buffers) does not allow for the
reduction of buffers with the implementation of best management practices.
Recommendation: Based on the April 13 first reading of the ordinance, it appears that
there were two separate purposes for the proposal to decrease buffers as an incentive.
First is the idea of reducing buffer widths if a property owner establishes best
management practices on their property. Second is the idea of creating incentives for
people who establish best management practices on their property. Staff will address
these items separately:
a. Reduced buffers for best management practices: Staff addressed this during the
April 13 first reading of the ordinance and stated that while the science supports
this approach, staff advises strongly against this at this time for several reasons:
1) Restoring a wetland buffer can be very complex and usually requires
specialized knowledge; 2) Homeowners with the time and inclination can acquire
much knowledge in this area but most projects will need some technical support;
3) Projects done without proper planning and implementation could severely
degrade a wetland (by erosion, herbicide drift, etc.).
b. Incentives for best management practices: All three of Maplewood's watershed
districts offer grants to help cover the cost of best management stormwater
practices on residential and commercial property. After the adoption of the
wetland ordinance staff hopes to expand our partnership with the watershed
districts and our programming to include increased cost- sharing and technical
support for best management practices. This type of wetland program would
require staff time and funding.
7. Consider regulating wetlands around lakes differently than other wetlands.
Ordinance Language: The wetland classification map reflects wetland edges around five
of Maplewood's lakes (Kohlman, Oehrline, Wakefield, Spoon, and Beaver). Properties
adjacent these wetlands would be bound by the wetland and the shoreland ordinances.
Recommendations: Staff has two suggestions for regulating wetland edges around
lakes differently than other wetlands -
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Packet Page Number 37 of 59
Agenda Item D.1
a. The Minnesota Department of Natural Resources is reviewing their shoreland
rules for revision. Once complete, Maplewood will be required to review our
shoreland ordinance to ensure it complies with the new rules. During this review,
the city could include the regulation of wetland edges around lakes as part of the
new ordinance. Until that time the city could add a sunset clause to the proposed
wetland ordinance which states that wetland edges around lakes will be
regulated by the wetland ordinance until a specific date. The city should ensure
we specify an exact date for the sunset, which could be difficult since we don't
know when the DNR rules will be complete and when Maplewood will revise our
shoreland ordinance.
Issues with this option: No private properties would be affected by the wetland or
shoreland ordinances on Spoon Lake. The wetland edge around Kohlman Lake
is so large it appears more like a separate wetland than an edge. Because these
two lakes have different wetland edge scenarios to the others, only three of the
lakes should be regulated differently ( Oehrline, Wakefield, and Beaver). The
wetland classifications around these lakes are Manage A for Beaver Lake
wetland edges and Manage B for Wakefield and Oehrline Lake wetland edges.
b. The city could adopt the watershed district's buffer requirements for wetland
edges around lakes. Ramsey - Washington Metro Watershed District requires the
following buffers for wetlands: Manage A — 75 -foot average, 37.5 -foot minimum;
Manage B — 50 -foot average, 25 -foot minimum; Manage C — 25 -foot average,
12.5 -foot minimum.
8. Consider allowing pre- existing, nonconforming single - family homes to rebuild on the
same footprint.
Ordinance Language: Section 4.h. (Exemptions - Nonconforming Single or Double
Dwelling Structures) states that a nonconforming single or double dwelling structure can
be rebuilt in the buffer if the new structure maintains at least a 50 -foot setback from a
wetland and if best management practices are implemented to help protect the wetland.
Recommendation: The total destruction of a nonconforming single- family or double -
dwelling structure is a rare occurrence. Therefore, a single - family or double - dwelling
structure to be rebuilt on the same footprint in Maplewood would cause minimal impact
to Maplewood's wetlands. For this reason staff is recommending that these structures
be allowed to be rebuilt on the existing footprint in their entirety (including foundations
and decks) with the condition that the property owner work with the city to implement
best management practices to help protect the wetland.
RECOMMENDATION
Review the proposed changes to the draft wetland ordinance and offer feedback. Staff will then
make modifications to the draft ordinance to reflect the feedback prior to the second reading,
which could be held as early as June 22.
P: \com- dev \ord \environmental protection \wetland \6 -1 -09 City Council Workshop
Attachments:
1. April 13, 2009, City Council Partial Minutes Pertaining to the First Reading of Wetland Ordinance
2. Wetland Ordinance Amendment
3. Maplewood Wetland Classification Map
4. Ramsey- Washington Metro Watershed District Wetland Classification Map
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Packet Page Number 38 of 59
Agenda Item D.1
Attachment 1
MINUTES
MAPLEWOOD CITY COUNCIL
6 :30 p.m., Monday, April 13, 2009
Council Chambers, City Hall
Meeting No. 08 -09
J. PUBLIC HEARINGS
1. 7:00 p.m. Public Hearing — Wetland Ordinance Amendments — First Reading
a. Environmental Planner, Shann Finwall gave the report and answered questions of
the council.
b. Community Development and Parks Director, DuWayne Konewko answered
questions of the council.
C. City Manager, Jim Antonen addressed the council.
d. City Attorney, Alan Kantrud answered questions of the council.
Mayor Longrie opened the public hearing at 7:42 p.m.
1. Sharon Sandeen, 1748 Gulden Place, Maplewood.
2. Nancy Montpetit, 1742 Gulden Place, Maplewood.
3. Bob Zick, 2515 White Bear Avenue, Maplewood.
4. Linda Bryan, 1752 Gulden Place, Maplewood.
5. Steve Bryan, 1752 Gulden Place, Maplewood.
6. Barbara Leiter, 1734 Gulden Place, Maplewood.
7. Richard Allen Lang, 1700 Barclay Street North, Maplewood.
8. Ginny Yingling, 673 Dorland Road South, Maplewood.
9. Ralph Sletten 2747 Clarence Street North, Maplewood.
10. Mark Jenkins, 830 new Century Boulevard South, Maplewood.
11. Pat Eitland, 2050 Arcade Street N., Maplewood.
12. Susie Splinter, 1706 Barclay Street, Maplewood.
13. Kevin Tkachuck, 739 County Road B East, Maplewood.
14. George Oxford, 2305 Linwood Avenue East, Maplewood.
15. Carol Bayer, 791 Kenwood Lane, Maplewood.
16. Chris Jacobson, 2486 Kohlman Lane, Maplewood.
17. Dave Johnson, 2587 Lydia Avenue, Maplewood.
April 13, 2009 Packet Page Number 39 of 59 1
City Council Meeting Minutes
Agenda Item D.1
18. Nancy Rogers, 1759 Howard Street, Maplewood.
Mayor Longrie closed the public hearing at 10:58 p.m.
Councilmember Hjelle moved to deny the first reading of the Wetland Ordinance Amendment.
Seconded by Mayor Longrie. Ayes — Mayor Longrie
& Councilmember Hjelle
The motion to deny failed.
Nays — Councilmembers Juenemann,
Nephew & Rossbach
Councilmember Nephew moved to approve the first reading of the Wetland Ordinance
Amendment. This ordinance makes changes to the Environmental Protection and Critical Area
Article pertaining to wetland regulations. (Changes to the Ordinance shall include the following
amendments as recommended by the council.)
1. To look at the averaging and perhaps it is too restrictive.
2. That the best management practices are better defined
3. That the 10 foot setback elimination except for in the utility class.
4. There be a better clarification with regard to what portions are applicable to the
homeowner that has the single home verses the new construction application.
5. The homeowner is able to do their own work on their property.
6. Incorporate the use of best management practices to provide for a decrease in the buffer
as an incentive.
7. To take a look at whether or not those properties that are on a lake whether or not they
should regulated by the wetland ordinance amendment or not or whether or not it is the
shoreland. The council will review that at the next reading.
8. To clarify the rights concerning rebuilding on the same building footprint.
Seconded by Councilmember Juenemann.
Ayes — Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
The motion passed.
Staff will bring this item back for the second reading at the end of May or beginning of June.
April 13, 2009 Packet Page Number 40 of 59 2
City Council Meeting Minutes
Agenda Item D.1
Attachment 2
Draft
April 13, 2009
01 i i
AN ORDINANCE AMENDING THE ENVIRONMENTAL PROTECTION
AND CRITICAL AREA ARTICLE OF THE CITY CODE
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This amendment revises portions of Article VII. (Environmental Protection and Critical Area)
dealing with wetlands. (Changes to the city's current wetland ordinance are underlined if added and
stricken if deleted. Areas where changes are referred to in the June 1 city council workshop staff
report are in bold.)
1. Findings and purposes.
The findings andeses of this section are as follows:
a. Wetlands serve a variety of beneficial functions. Wetlands maintain water quality by
filtering pollutants and reducing flooding and erosion„ They provide food and habitat for
wildlife, provide open space for human interaction, and are an integral part of the city's
environment. Wetlands depending upon their type, size, and location within a
watershed, may represent aFe aR important physical, educational, ecological, aesthetic,
recreational, and economic assets to the city. The ability of a wetland to provide any of
these benefits must be evaluated on a case -by -case basis because of the uniqueness of
local physiographic, biological, cultural, and land use characteristics. Properly managed
wetlands are needed to support the city's efforts to reduce flooding and to protect the
ublic They are nri+inAl to the ,.i+4 health, safety, and general welfare. Surrounding
development may degrade, pollute, or accelerate the aging of or eliminate wetlands.
Regulating land use around wetlands is therefore in the public interest.
b. Streams are also significant elements of the city's hydrologic system. Streams flow into
wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an
integral part of the city's environment. Like wetlands, streams are an important physical,
educational, ecological, aesthetic, recreational and economic asset. Surrounding
development may degrade, pollute, or damage streams and, in turn, degrade other
surface waters downstream. Regulating land use around streams is therefore in the
pu Ic In Brest i hi iff ers res� E)gPm Zes # am h+ fhn ci ,i:mi -Adipg i iplands Fel�4o to +ho
.;;Rd sti;eam quality and fURGticm and, theFefoFe, aFe in the publir- interest
. , Q eg �,,,z
C. Buffers are the lands that surround wetlands and streams which contain a protective
zone of vegetation within a specified distance They are integral to maintaining the
valuable functions many wetlands and streams perform and to maintaining a wetland's
or stream's health Requiring buffers recognizes that the surrounding uplands impact
"°' the wetland's and stream's quality and function and, therefore, is a4:e in the
public interest. Buffers have the following functions:
M Rreduce the impacts of surrounding land use on wetlands and streams by
stabilizing soil to prevent erosion by s t 9F m,. ate4:, and filtering suspended solids,
nutrients, pollutants, and harmful substances.
Packet Page Number 41 of 59
Section 1.c. (Findings and Purpose) Continued
Agenda Item D.1
Moderate+ag water level fluctuations during storms.
R, ffors ;;Ic;p n Provide essential wildlife habitat.
and Provide shade to reduce the temperature of both stormwater runoff and the
wetland or stream. Water temperature is one of the factors controlling the ability
of water to hold dissolved oxygen. This ability decreases with increasing water
temperatures. The dissolved oxygen level needs to be maintained at a minimum
level to maintain healthy aquatic life.
(5) Finally bu ffers r Reduce the adverse impacts of human activities on wetlands and
� streams.
04The purposes of this section are to:
a. Preserve wetlands and streams in a natural state.
ab. Preserve the beneficial functions of wetlands and streams by regulating the surrounding
land use within the buffered areas that are defined under this section
-b Reduce erosion and the resulting sediment loading to wetlands or streams by stabilizing
the landscape within the buffered areas that are defined under this section. Stab hz
se ie etlands try pFeyeRt ctGFM1xrlstar PPQS; )q
&d. Preserve Filtering and enhance surface water quality by reducing the input of suspended
solids, nutrients, and h chemical substances that may adversely impact public
health or aquatic habitat. befe the; { r �r ^ vr m rrr "EiaC- kl r"PEtlas ctro imc ;, ctrl n1 hlin
, d e . Reduce human disturbances of wetlands and streams by visually separatiRg t EALRnrlc
from yaFds
ef. 4 Reduce or p revent the flooding aF44 of public and private property and to reduce or
eliminate the costs that are associated with FeGlaiMiRg water quality improvements
necessary to support the beneficial uses of impaired wetlands or streams
g. Protect property values.
#h. Protect beneficial plant and wildlife habitat.
gi_ Educate the public, including appraisers, owners, potential buyers or developers—,t-s
regarding the development limitations of wetlands, streams, and associated buffers that
are defined under this section
L Encourage property owners who live adjacent to and /or near wetlands and streams to be
responsible stewards including managing and enhancing the quality of buffers and
restoring the buffer to a diverse planting of deep - rooted native plants.
2. Definitions: The following words, terms, and phrases when used in this section shall have the
meanings ascribed to them i this °„h ° °^ +i„r except where the context of the word, terms, and
p clearly indicates a different meaning.
2
Packet Page Number 42 of 59
Section 2 (Definitions) Continued:
Agenda Item D.1
Alteration means any human action that adversely affects a buffer. Alterations include, but are
not limited to, the following: grading, filling, dumping, dredging, draining, cutting, pruning,
topping, clearing, relocating or removing vegetation, applying herbicides or pesticides or any
hazardous or toxic substance diSGharniRg nnllntants °vn°nt stem;wat°r} paving, construction,
application of gravel discharging pollutants, compacting or disturbing soil through vehicle or
equipment use, or any other human activity that adversely affects the vegetation, hydrology,
wildlife or wildlife habitat. Alteration does not include the following:
a. Walking, passive recreation, fishing or other similar low- impact activities.
b. Planting that LQAh -;;Ap native vegetation once the planting plan is approved by city
staff
C. The selective clearing, pruning, or control of trees or vegetation that are dead, diseased,
noxious, {Aft or hazardous.
d. Wetland enhancement measures which have been approved by other regulatory bodies.
ph ase.
Best management practices (BMP's) mean measures taken to minimize negative effects of
stormwater runoff on the environment including, but not limited to, installation of rain gardens,
infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction
of impervious surfaces, planting of deep - rooted native plants, landscape and pavement
maintenance.
Buffer means a str°Am °r iar°tIRAd h, iff°r °r lands that surround wetlands and streams which
contain a protective zone of vegetation within a specified distance. al ong a s tFe arn eF °r°„n�l
Clearing means the cutting or removal of vegetation.
Enhancement means an action that increases the functions and values of a wetland, stream, or
A °+Ia d- buffer.
Erosion means the movement of soil or rock fragments, or the wearing away of the land surface
by water, wind, ice, and gravity.
Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the
ground. An infiltration basin will typically drain within forty eight (48) hours of a storm event.
Lake means an area of open, relatively deep water that is large enough to produce a wave -
swept shore.
Lawn area means an area of mowed turf grass or other areas used for the purpose of outdoor
enioyment which may include gardening, nonpermanent structures, impervious patios, and play
areas gs °rI for the puFpps° of p utdoor enjoyment anihinh inn161deS 161t is not limited to
nninev nlanement of temporary str„nti ryes and imnennn„s natjos
Mitigation means an action that reduces, rectifies, eliminates, or compensates for the alteration
of a buffer, wetland, or stream.
3
Packet Page Number 43 of 59
Section 2 (Definitions) Continued:
Native area means an area where native vegetation exists
Agenda Item D.1
Native vegetation means tree, shrub, grass, or other plant species that are indigenous to the
Twin Cities metropolitan area that could have been expected to naturally occur on the site.
Native vegetation does not include noxious weeds.
Naturalized area means an area where naturalized vegetation exists ha6-g R and is not
maintained.
Naturalized vegetation means tree, shrub, grass, or other plant species that exists on a site
naturally without having been planted. It may be a native or non - native species. Some
naturalized species are aoorooriate in a buffer and some are considered weeds.
Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed
Law. (See also weed.)
Ordinary high water mark (OHWM) means a mark delineating the highest water level
maintained for enough time to leave evidence upon the landscape. The ordinary high water
mark is commonly that point where the natural vegetation changes from predominantly aquatic
to predominantly terrestrial.
Rain -garden means an infiltration basin that is planted as a garden that allows water to infiltrate
within 48 hours of a storm event.
Restoration means returning a wetland, stream, or buffer to a condition that is similar to that
before development of the surrounding area.
Semipublic means land that is maintained by a private organization for public use.
Setback means the minimum horizontal distance between a structure and the nearest edge of
the buffer, wetland, or stream.
Straight -edge setback is measurement to determine the allowable setback of an addition to an
existing house, garage, deck, or driveway which is located closer to or within the required buffer
setback. Straight -edge setback additions are measured by using the existing edge of the
house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream
and extending that line in a parallel direction. No portion of the addition can encroach closer to
the edge of a buffer, wetland, or stream than the existing structure.
Stream means those areas where surface waters produce a defined channel or bed. A defined
channel or bed is land that clearly contains the constant passage of water under normal
summer conditions. Thi s; defipiit dt9ero AvtiAvI"d-n drainage swales er ditrhnc that rhappel
intorr ittoAt ctnrm4AA;;*or ri - pnff:
Stream bufteF rneaps land that is in direr--A dFainage te a striQ-am -;;Ad- �.A the bGunda
4 l
shall h u�rpce fr thp- tep of the s tye• rn b••,r,L
Structure means anything constructed or erected that requires location on the ground or
attached to something having location on the ground.
4
Packet Page Number 44 of 59
Agenda Item D.1
Section 2 (Definitions) Continued:
Sustainable design means a development design which minimizes impacts on the landscape.
Temporary erosion control means methods of keeping soil stable during construction or gradini
Temporary erosion control measures include, but are not limited to, silt fencing, erosion control
blankets, bale slope barriers, or other best management erosion control methods approved by
the city.
Variance means a deviation from the standards of this section that is not specifically allowed.
Vegetation means any ergaRiG plant life growing at, below, or above the soil surface.
Water quality pond means a pond that has been created to capture stormwater runoff. These
are not natural wetlands. Stormwater is often piped into these ponds but may also enter
through sheet runoff. These are also called utility ponds.
Water duality pond edge means the normal hiah water level for a water auality Dond.
Weed means a olant which is causina damaae in some wav to native vegetation or ecosystems.
(See also noxious weed.)
Wetlands means those areas of the inundated or saturated by groundwater or surface water
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas as defined in the {Army
Corps of Engineers regulations . Where a person has removed or mostly
changed the vegetation, one shall determine a wetland by the presence or evidence of hydric or
organic soil and other documentation of the previous existence of wetland vegetation such as
aerial photographs.
Wetland classes. The city defines the wetland classes used in this section as follows
Rarm6e Wa6hiRgtG - rvTet.M- t �suc�r �vistrivt We- flua-Ads 1 AceRtG)FY 1995 Glam
are rnvst - I. i have the h�ghe� i ty ese Arno signifirRpro RAd cm
iil�
rh�r�nforic�inc v , ••�•
5
Packet Page Number 45 of 59
Section 2 (Definitions) Continued:
Agenda Item D.1
l - r 1
a. Manage A wetlands are defined as a Manage A wetland in the Ramsey - Washington
Metro Watershed District Rules definition and based on the Minnesota Routine
Assessment Methodology (MnRAM) classification system. These wetlands are
exceptional and the highest - functioning wetlands in Maplewood. All streams in the City
of Maplewood are also defined as Class A.
b. Manage B wetlands are defined as a Manage B wetland in the Ramsey - Washington
Metro Watershed District Rules definition and based on the Minnesota Routine
Assessment Methodology (MnRAM) classification system. These wetlands are high -
quality wetlands.
C. Manage C wetlands are defined as a Manage C wetland in the Ramsey- Washington
Metro Watershed District Rules definition and based on the Minnesota Routine
Assessment Methodology (MnRAM) classification system. These wetlands provide
moderate quality.
d. Utility Class - Defined as water quality ponds.
Wetland easement means a designated area that includes the wetland or buffer where
disturbance from mowing, cutting, or similar activities is prohibited.
Wetland functions means the natural processes performed by wetlands, such as helping food
chain production, providing wildlife habitat, maintaining the availability and quality of water such
as purifying water, acting as a recharge and discharge area for groundwater aquifers, and
moderating surface water and stormwater flows, and performing other functions, including but
not limited to those set out in U.S. Army Corps of Engineers regulations at 33 GF-R
Wetland or stream edge means the line delineating the outer edge of a wetland or stream. This
Q nn shall establish this line by shall be established using the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands I.I.S.
€Rg;Reei' n I the 1J 9 9 il G,.nse 9 Sergi The applicable watershed district must verify
this line.
3. Applicability: This section shall apply as follows:
a This- +i„n shall apply t To any person or use that would alter a wetland, stream, or
buffer after April 24, 19 add date of adoption of new ordinance.
b. When any provision of any ordinance conflicts with this section, the provision that
provides more protection for buffers, wetlands, or streams shall apply unless specifically
provided otherwise in this section. This also applies to the applicable watershed district
regulations.
6
Packet Page Number 46 of 59
4. General Exemptions: This section shall not apply to the following:
Agenda Item D.1
a. Non - chemical control and removal of noxious weeds within the buffer. Refer to section
5.k.3.b. (Manaae Weeds in Buffer) reaardina the use of chemical treatment.
b. Planting native plants within the wetland buffer after approved by city staff.
C. Removal of limbs, brush, or branches that are dead or pose a safety hazard.
d. Removal of trees that are dead, diseased, or pose a safety hazard after approval by city
staff.
aa- Thn nnnctr--r4inn Pr maintenance of n61hlin nr coming blip dFainann fanilitie&
carlimo n4afion nnnrlc nr orncinn nnnUPI f;;nilifioc
.
E
hails
e. Public or semipublic streets, utilities, and trails. T he city se mg+fmay waive the
requirements of this ordinance for the construction or maintenance of public or
semipublic streets, utilities, and trails where there would be a greater public need for the
project than to meet the requirement of this section.
Ma feet Af thtQ huffer -at least ten days befeFe the- hear'„ng. In waiving these
requirements the city shall follow the standards listed below_ in s, ,hcnn +inn ( of
this; continn
min- �ccrernr.
(1) The city may only allow the construction of public or semipublic utilities and
streets through buffers where there is no other practical alternative and the
following requirements are met:
(a) The city council must approve the waiver to allow public or semipublic
utilities or streets to be located within a buffer. Before the city council
acts on the waiver the planning commission and the environmental and
natural resources commission shall make a recommendation to the city
council. The planning commission shall hold a public hearing for the
waiver. The city staff shall notify the property owners within five hundred
(500) feet of the buffer at least ten days before the hearing.
(b) Utility or street corridors shall not be allowed when endangered or
threatened species are found in the buffer.
(c) Utility or street corridors, including any allowed maintenance roads, shall
be as far from the wetland or stream as possible.
(d) Utility or street corridor construction and maintenance shall protect the
wetland, stream, or buffer and avoid large trees as much as possible.
The city shall not allow the use of pesticides hrt or other
hazardous or toxic substances in buffers, streams, or wetlands. In some
situations the use of herbicides may be used if prior approval is obtained
from city staff.
7
Packet Page Number 47 of 59
Section 4.e.1. (Exemptions - Public or Semipublic Utilities and Streets) Continued:
Agenda Item D.1
(e) The owner or contractor shall replant utility or street corridors with
appropriate native vegetation, except trees, at preconstruction densities
or greater after construction ends. Trees shall be replaced as required by
city code.
(f) Any additional corridor access for maintenance shall be provided as much
as possible at specific points rather than to road which is parallel to
wetland edge. by parallel m ads If parallel roads are necessary they
shall be no greater than fifteen (15) feet wide.
Lcl) Mitigation actions must be met as specified in section 6 below (Mitigation
and Restoration of Buffers).
(2) The city may allow public or semipublic pFivate trails in buffers Trails must be
approved by city staff and are subject to the following guidelines:
(a) Trails shall not be allowed when endangered or threatened species are
found to be present in the buffer.
(b) Buffers shall be expanded where r, ess - N& 7 equal to the width of the trail
corridor.
(c) The owner or contractor shall replant all disturbed areas next to the trail in
a timeframe approved by city staff. aft nnmnletinn the trail
All necessary erosion control measures must be in place before
constructing a trail. The erosion control measures must also be
maintained and inspected by the city to ensure that the wetland or stream
is not comaromised by trail construction activities.
(e) The trail must be designed and constructed with sustainable design
methods.
The trail may provide one access point to the wetland but such an access
shall be no more than four (4) feet wide.
Lc� Boardwalks are allowed within the buffer and shall be a maximum of six
(6) feet in width for semipublic use and twelve (12) feet in width for public
use.
14 T r71lQ nr hARrdWalks shall Ant he nnpctri inted entirely arG6IRd the wAtl;rrl
City staff may require additional mitigation actions as specified in section
6 below (Mitigation and Restoration of Buffers).
8
Packet Page Number 48 of 59
Section 4 (Exemptions) Continued:
Agenda Item D.1
f. Additions to a house, garage, deck, or driveway using the existing straight -edge
setbacks to a wetland or stream if the followinq apply:
Property is zoned or is being used as a single family residence.
There is no other reasonable alternative than encroachment toward the
wetland or stream with the addition.
The house, garage, deck, or driveway is a minimum of twenty -five (25) feet
from the wetland or stream edge.
Addition does not cause degradation of the wetland, stream, or the existing
buffer.
Mitigation actions must be met as specified in section 6 below (Mitigation
and Restoration of Buffers).
_q A property which is located within a wetland buffer, but is separate from the
wetland by an existing road.
h A nonconforming single or double dwelling residential structure which loses its
nonconforming status as described in Minnesota Statutes, section 462.357,
subdivision 1(e) is allowed to be rebuilt in the buffer if the new single or double
dwelling residential structure meets the following conditions:
maintains at least a fifty (50) foot setback from the wetland; and
best management practices are implemented to help protect ine the
wetland buffer-as described in Section 5.k.3.a., b., and c. (Standards,
wetland protection strategies) rest ion and
city staff approves the location and best management practices through
the building permit process; or
the property owner obtains a variance from the wetland buffer
requirements as allowed per Section 8 below, Section 44 -13 of the city
code, and Minnesota Statutes.
Packet Page Number 49 of 59
Section 4 (Exemptions) Continued:
Agenda Item D.1
L Work within a buffer which was approved by the Minnesota Department of Natural
Resources water permitting process and access to those areas by a trail which is
limited to the width of the water permit.
L A nonconforming manufactured home which is located within a wetland buffer
can be replaced with a new manufactured home without approval of a variance as
long as the replacement meets with the requirements of Minnesota Statutes,
section 462.357, subd. 1.a.
5. R '� Sstandards: Standards for this section h are as follows:
a. Wetland Filling: The city does not allow the filling of wetlands.` /h ere t WRtershed
b. Minimum Buffer Widths: The minimum buffer widths shall apply to all wetlands,
including those created, restored, relocated, replaced, or enhanced.
C. Maintenance of Buffers: Buffers shall remain in a natural state with naturalized or native
vegetation.
d. Restoring Buffers: Property owners interested in voluntarily restoring their buffer to
native plants should submit a restoration plan to the city. Property owners should
reference section 5.k.3.a. (Restoration of Buffer with Native Plantings) for guidance on
how to proceed. Restoration plans require approval by t$ city staff.
e. Wetland, Stream, or Buffer Easements: The property owner of any property affected by
this section may be required to shall record wetland, stream, or buffer easements with
the county. These easements shall describe the boundaries of the buffer and prohibit
any building, mowing, cutting, filling, or dumping within the buffer, stream, or wetland.
The owner or developer shall record such easements with a final plat, with deeds from a
lot division or before the city issues a building permit for an affected property. The
applicant shall submit proof that the owner or developer has filed the notice.
f. Stormwater: The discharging of stormwater to a wetland or stream must comply with
section 44 -1245 of the City of Maplewood ordinances (Storm Management).
g. Plantings in Buffers: °n affente`J property owner shall maintRip R h.,ffor Any planting in
a naturalized buffer shall be done with native vegetation after the planting plan has been
approved by city staff
h. Alterations in Buffers: The city prohibits the alteration of buffers except as allowed in
general exemptions. The nit., may waive this requ a,,,here the ,A,etershRd distrint
has approved a permit for fillinn ell nr part of a wetlend
L Minimum buffers The following are the minimum required buffer widths and
structure setbacks:
10
Packet Page Number 50 of 59
Section 5.i. (Standards — Minimum Buffers) Continued:
Agenda Item D.1
Buffer Wetland Classes
Manage A2
Glass I & Streams
Average buffer width 100 t 400 ft.
Minimum Buffer Width 440 ft. 10058 ft.
Building Fcji Structure
Setback from Edge of Buffer 10 ft. 10 ft.
Utility
Manage 3Manage C-4- Class -5
Sn f 044,
752-5 ft. 5020 -ft. 108 ft.
10 ft. 10 ft. 10 ft.
L Buffer Measurement: Buffers shall be measured horizontally from wetland or
stream edge, not across the buffer landscape. On slopes greater than eighteen
percent (18 %) the buffer width shall be increased to 10 feet beyond the apex of the
slope. Extension of the buffer for steep slopes shall apply to all wetland classes.
The rit y rvf r, sire 492ri2hle h-ffnr ,Asirlth to nrotent adjanent habitat that- the
Gity rittii rl�ter nn s w al ul�anrl stream wildlifn ear renntatie�n
d r rrc a�rw-rww-m� .
k. Alternative Minimum and Averaae Buffers: Recoanizina that there are instances
where, because of the unique physical characteristics of a specific parcel of land,
alternative size buffers may be necessary to allow for the reasonable use of the
land. In such cases an alternative minimum and average buffer width will be
permitted on ten percent (10 %) of the linear wetland buffer within the parcel,
which will be compensated for by increased buffer widths elsewhere in the same
parcel to achieve the required average buffer width.
(1) The alternative average buffer standards set forth below may be applied
based on an assessment of the following:
(a) Undue hardship would arise from not allowing the alternative, or
would otherwise not be in the public interest.
(b) Size of parcel.
(� Configuration of existing roads and utilities.
(!Q Percentage of parcel covered by wetland.
(e) Configuration of wetlands on the parcel.
(f� Will not cause degradation of the wetland or stream.
Lcjj Will ensure the protection or enhancement of portions of the buffer
which are found to be the most ecologically beneficial to the wetland
or stream.
11
Packet Page Number 51 of 59
Section 5.k. (Standards — Alternative Minimum and Average Buffers) Continued:
Agenda Item D.1
The following are the alternative average buffer widths and structure
setbacks:
Buffer
Wetland Classes
Manage A
& Streams Manage B
Manage C
Minimum Buffer Width*
75 ft. * 50 W.
50 ft.
Average Buffer Width
100 ft. 75 ft.
N/A
Structure Setback From
Outer Edge of Buffer
10 ft. 10 ft.
10 ft.
*The minimum buffer width may be used on no more than ten 00) percent
of the linear wetland buffer area located within the parcel.
The appropriateness of using the alternative average buffers will be
evaluated as part of the review of the contractor's or owner's development
application. The alternative average buffer used must be within the spirit
and intent of this code and must meet one or more of the requirements set
forth by the city to include, but not limited to, the following strategies:
(a) Restoration of buffer with native plantings. Submittal of a buffer
restoration plan The plan may need to be drafted by a professional
experienced in wetland or stream restoration based on the size of
the restoration project as deemed necessary by city staff including:
1. Existing vegetation.
2. Restoration methods.
3. Maintenance procedures proposed during first three years of
establishment.
4. Erosion control measures.
5. List of plants to be planted.
6. Qualifications of contractor. Only contractors with
experience and success restoring wetland or stream buffers
or natural vegetation shall be approved.
7. Maintenance agreement which states that the owner will
maintain the buffer to its improved state.
8. The city may require a cash escrow or letter of credit to cover
150 percent of the required work.
12
Packet Page Number 52 of 59
Section 5.k. (Standards — Alternative and Average Buffers) Continued:
Agenda Item D.1
Manage weeds in buffer. All weeds listed on the Minnesota noxious
weed list must be controlled by the property owner. Owners are
encouraged to control other weeds that are not on the noxious weed
list but can threaten the health of a wetland. Submittal of a weed
management plan drafted by a professional experienced in wetland
and stream restoration including:
1. Target weeds.
2. Appropriate management techniques, including the use of
chemical treatment if approved by city staff as part of the
management plan.
3. Management schedule.
4. Potential erosion and reseeding if management will create
large areas of dead vegetation.
5. Cash escrow or letter of credit to cover 150 percent of the
required work.
(c) Reduction in stormwater runoff and/or improvement of quality of
stormwater runoff entering wetland or stream. This may be
achieved through the following strategies or other staff approved
best management practices for dealing with stormwater. These
practices are to be located outside of the wetland buffer.
1. Reduce amount of pavement on site (i.e. fewer parking stalls,
narrower driveways, shared parking with other businesses).
2. Use pervious pavement such as pavers or porous asphalt.
3. Use turf pavers or modified turf areas for overflow parking.
4. Install rain garden or infiltration basin.
5. Install rock trench or rock pit.
6. Install filter strip of grass or native vegetation.
7. Install surface sand filter or underground filter.
8. Install native plantings on site to reduce fertilizer use and
improve infiltration.
9. Install a green roof on buildings.
10. Install grit chambers, sediment traps, or forebays.
Stormwater Drainage Facilities: The city does not allow the construction of stormwater
drainaae facilities. sedimentation ponds. infiltration basins. and rain gardens within the
buffer
Packet Page Number 53 of 59
13
Section 5 (Standards) Continued:
Agenda Item D.1
M. Construction Practices: Special construction practices shall be required on proiects or
developments adiacent nex-t-to wetlands or streams and their buffers. Practices to be
approved by city staff before issuance of a grading or building permit include, but are not
limited to. the following:
M
Grading.
Sequencing.
Vehicle tracking platforms.
Additional silt fences.
Additional sediment control.
n. a-. Erosion Control Installation: Before grading or construction, the owner or contractor
shall put into place erosion control measures around the borders of buffers. Such
erosion control measures must remain in place until the owner and contractors have
finished all development activities that may affect the buffer.
o.b- Wetland Signs: The city may require that a property owner or developer install wetland
signs b 9efore grading or 3#- construction_ wetland signs will be placed on the
boundary between a buffer and adjacent land rh;;n hn ir4nr,nrl , Sinn permanent Si
These signs shall mark the edge of the buffer and shall state there shall be no mowing,
cutting, filling, or dumping beyond this point. These signs shall be installed at each lot
line where it crosses a wetland or stream buffer, and where needed to indicate the
contour of the buffer, with a maximum spacing of one- hundred 0 00) feet of wetland or
stream edge.
oG-. Erosion Control Breaches: All erosion control measures must be maintained and
inspected to ensure compliance and protection of wetlands, streams, and buffers. The
contractor or owner shall be responsible for all erosion /sedimentation breaches within
the buffer and shall restore impacted areas to conditions present prior to grading or
construction activities.
g a d- Platting: When platting or subdividing property, the plat or subdivision must show the
wetland boundaries as approved by the applicable watershed district.
r.e- Erosion Control Removal: After completion of grading or construction, the contractor or
owner may remove the erosion control measures only after inspection and approval by
the city and the applicable watershed district to ensure the areas affected have been
established per requirements.
s. f, It is the responsibility of the owner to alleviate any erosion during and after completion of
aradina or construction. The owner or contractor must remove erosion control measures
after final approved inspection by the city and the applicable watershed district.
6.7—. Mitigation and Restoration of Buffers: The city requires mitigation when a property owner or
contractor has altered or will alter a wetland, stream, or buffer. The property owner or
contractor shall submit a mitigation plan to city staff for approval. In reviewing the plan, the city
may require the following actions: ender of prnfnrnnnn
14
Packet Page Number 54 of 59
Section 6 (Mitigation and Restoration of Buffers) Continued:
Agenda Item D.1
a. Reducing or avoiding the impact by limiting the degree or amount of the action, such as
by using appropriate technology.
b. Rectifying the impact by repairing, rehabilitating, or restoring the wesd'aAd buffer.
C. Reducing or eliminating the impact over time by prevention and maintenance operations
during the life of the actions.
d. Compensating for the impact by replacing, enhancing, or providing substitute buffer land
at up-to a twooRe -to -one ratio.
e. Monitoring the impact and taking appropriate corrective measures.
Where the city requires restoration or replacement of a buffer, the owner or contractor
shall replant the buffer with native vegetation. at a; similar d to th amni m4 hnfnrn
�'Urafinn A replanting plan must be approved by the city before planting.
g_ Any additional conditions required by the applicable watershed district and/or the soil
and water conservation district shall apply.
h. All strategies as listed in item 5.k.3. (Alternative Average Buffer).
7. Nonconformina Buildinas. Structures. and Properties: Anv existing buildina or structure. or an
existing lawn area or use of property not in conformity with the regulations prescribed in this
chapter as of the date of the adoption of such regulation (insert date of new ordinance) shall
be regarded as nonconforming and may continue. Continued use of such nonconforming lawn
area includes uses such as gardens or the placement of temporary structures. Naturalized and
native areas are not included in this nonconforming use clause.
8. Variances: Procedures for granting variances from this section are as follows:
a. The city council may approve variances to the requirements in this section. All variances
must follow Section 44 -13 of the city code and Minnesota Statutes.
b. Before the city council acts on a variance the environmental and natural resources
commission will make a recommendation to the planning commission, who will in turn
make a recommendation to the city council ^'fig- c- OMMRssion The planning
commission s+tyseeesil shall hold a public hearing for the variance
iri;;Prn Thn City staff shall notify the property owners within five hundred {500} 35G
feet of the buffer at least ten days before the hearing.
C. The city may require the applicant to mitigate any wetland, stream, or buffer alteration
impacts with the approval of a variance, including but not limited to, implementing one or
more of the strategies as listed in item 5.k.3. (Alternative Average Buffer).
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Section 8 (Variances) Continued:
Agenda Item D.1
Wetland or Buffer Surety: The applicant shall post a wetland or buffer mitigation surety with the
city, such as a cash deposit or letter of credit, of one hundred and fifty (150) percent of
estimated cost for mitigation The surety will be required based on the size of the project as
deemed necessary by staff. Funds will be held by the city until successful completion of
restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety
does not include other sureties required pursuant to any other provision of city code or city
directive.
10. Enforcement: The city reserves the riaht to insoect the site or grooerty durina reaular cit
business hours or upon notice to the property owner or its designated representative one
business day in advance if the inspection is to occur at a different time for compliance with this
ordinance during development or alteration. The city shall be responsible for the enforcement of
this ordinance. Any person who fails to comply with or violates any section of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be subiect to punishment
in accordance with section 1 -15. All land use building and grading permits shall be suspended
until the developer has corrected the violation. Each day that a separate violation exists shall
constitute a separate offense.
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NO-OW.-I
WORNMIN No. M - 10
Wetland or Buffer Surety: The applicant shall post a wetland or buffer mitigation surety with the
city, such as a cash deposit or letter of credit, of one hundred and fifty (150) percent of
estimated cost for mitigation The surety will be required based on the size of the project as
deemed necessary by staff. Funds will be held by the city until successful completion of
restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety
does not include other sureties required pursuant to any other provision of city code or city
directive.
10. Enforcement: The city reserves the riaht to insoect the site or grooerty durina reaular cit
business hours or upon notice to the property owner or its designated representative one
business day in advance if the inspection is to occur at a different time for compliance with this
ordinance during development or alteration. The city shall be responsible for the enforcement of
this ordinance. Any person who fails to comply with or violates any section of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be subiect to punishment
in accordance with section 1 -15. All land use building and grading permits shall be suspended
until the developer has corrected the violation. Each day that a separate violation exists shall
constitute a separate offense.
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Agenda Item D.1
Section 2. This ordinance shall take effect after the city publishes it in the official newspaper.
The city council approved the first reading of this ordinance on April 13, 2009.
(Note: The city council directed staff to review and address the following information in the
ordinance prior to second reading:
1. To look at the averaging and perhaps it is too restrictive.
2. That the best management practices are better defined
3. That the 14 foot setback elimination except for in the utility class.
4. There be a better clarification with regard to what portions are applicable to the
homeowner that has the single home verses the new construction application.
5. The homeowner is able to do their own work on their property.
6. Incorporate the use of best management practices to provide for a decrease in
the buffer as an incentive.
7. To take a look at whether or not those properties that are on a lake whether or not
they should regulated by the wetland ordinance amendment or not or whether or
not it is the shoreland. The council will review that at the next reading.
8. To clarify the rights concerning rebuilding on the same building footprint.
The city council approved the second reading of this ordinance on
Diana Longrie, Mayor
Attest:
Karen Guilfoile, City Clerk
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