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HomeMy WebLinkAbout2011-09-01 CUP Compliance Request City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 Phone: 651.439.4439 Fax: 651.439.0574 September 1, 2011 Mr. Jon Nelson A -1 Maintenance P.O. Box 10904 White Bear Lake, MN 55110 Re: A -1 Maintenance @ 5845 Stagecoach Trail N., Oak Park Heights, MN 55082 Dear Mr. Nelson: The Oak Park Heights City Council granted Conditional Use Permit approval to you for your business operation at 5845 Stagecoach Trail, N. Oak Park Heights on November 15, 1994. That approval was subject to a number of conditions being met and maintained. Copies of the Conditional Use Permit document and referenced November 4, 1994 Planning Report are enclosed for your convenience. This letter serves to remind you of the approval conditions and directs compliance to a number of those which are currently non - compliant based upon a recent site visit made by City staff. 1. Item 11. C of the C.U.P. does not allow exterior storage. There is currently considerable outdoor storage of equipment, materials, and general debris at the property site, all of which shall be relocated to the interior of the business and or removed not later than Friday, September 30, 2011. 2. Items 11. H and I. 3 of the C.U.P. address the parking and driveway area requirements for the site. Parking and driveway surfaces are to be surfaced with an asphalt material, nine 8' x 20' parking spaces and one 16' x 20' handicap accessible parking space was to be created, with the spaces appropriately marked and striped. The City Council reviewed your CUP with you in 1997 at which time, it was clarified within the 11 -25 -97 meeting Minutes that the driveway is supposed to be completely paved and the City Council directed the entire lot be parking lot be paved. You were to have submitted a parking plan for City review. At the time of site visit approximately 3 parking spaces and one handicap accessible space were observed at the north side of the front drive and approximately 5 at the south side - one of them filled with a dumpster and other materials /items. None of these parking areas are striped, nor is there any curb and gutter in place. You are directed to submit a parking /site improvement that addresses the elements set forth in your C.U.P. approval and it's 1997 review, not later than Friday, September 23, 2011. Upon approval of your submitted plan, work shall commence and be completed not later than Monday, October 31, 2011. Please note that City Ordinance 401.15 does not permit parking upon the yard. Vehicles are to be parked within a garage or upon an approved parking area. At the time of site visit, there were 7 vehicles parked to the outside of the northern fence and 1 to the outside of the southern fence, upon the grass. All parking upon the yard area shall cease immediately. 3. Items 11. E and 11. F of the C.U.P. address screening and landscaping requirements at the property site. The side yard fence sections, particularly to the north are in rough shape, with some sections falling over. The landscaping includes minimal low vegetation to the front of the northern and southern fence sections. The fence shall be repaired to good condition and additional low height vegetation planted to the landscaped area not later than Friday, September 30, 2011. 4. Items I. 2 and 11. G of the C.U.P. state that no exterior lighting shall be implemented on the premises except as may be approved by the Building Inspector and that any exterior lighting shall be hooded directed away from adjoining properties. The security lighting installed to the north and south sides of the building front do not comply with hooded requirement in the CUP nor as outlined in City Ordinance 401 and shall be replaced with compliant fixtures (please see enclosed ordinance and shielding diagram). Replacement fixture cut sheets shall be submitted to the City for review not later than Friday, September 30, 2011. Upon approval of replacement fixtures, installation and inspection of the same shall occur not later than Monday, October 31, 2011. 5. Item I. 3 of the C.U.P. addresses site improvements proposed by you at the time of application and were made a condition to the C.U.P. approvals, including installing an awning at the building front with logo, painting of the building exterior, and installation of a small bay window at the building front. The awning had been installed but was removed in 2009 when you resided the building front. It has not been replaced. There is a small window at the front, near the entry, though it is not a bay window. You are directed to attend to the remainder of the painting /siding to the structure, to submit plans and building permit application for the reinstallation of the awning for review and approval by the Building Official not later than Friday, September 30, 2011. Canopy, window and any additional siding work shall commence upon receipt of an approved work permit, shall be completed and successfully inspected not later than Monday, October 31, 2011. 6. Item II. K of the C.U. P. addresses drainage at the site. There is visible erosion to the north, east and south side yards of the property to the rear of the building. It also appears that the side yards have been used as a dumping area for brush. You are directed to submit Submit a plan to the City for review and approval to address and maintain erosion at the site not later than Friday, September 30, 2011. Upon approval, erosion remediation per the approved plan shall commence, be completed and successfully inspected not later than Monday, October 31, 2011. Compliance timelines have been provided herein for each matter addressed above. Continued non - compliance shall result in the City reviewing your conditional use permit for termination. If you have any questions regarding the requests herein, please contact me immediately. • In addition, If you would like to set up a meeting with myself and /the building official to review these requirements we would be happy to do so. Please let me know. Sincerely, Jul' ultman Pla •ing & Code Enforcement Officer • Enclosures c: Eric Johnson, City Administrator Jim Butler, Building Official Enclosure 7B ConbriomR u SE PERMIT FOR JON NELSON d /b /a A -1 MAINTENANCE File No. NWAC 798.02 - 94.17 " Date Issued 11/15/94 Legal Description: (Washington County Plat- Parcel No. 60003 -2900) See Attached Exhibit A Owner: Mr. Jon Nelson d /b /a A -1 Maintenance 5845 Stagecoach Trail North Oak Park Heights, MN 55082 Present Zoning District: RB Permitted uses set forth in Ordinance 401 Section 401.09 I. PLANNED UNIT DEVELOPMENT PERMIT FOR: Lawn Care /Snow Removal Business General Description: 1. All conditions recommended by the report of Northwest Associated Consultants dated November 4, 1994, are imposed as a condition of this Permit. 2. No exterior lighting shall be implemented on the premises except as may be approved by the Building Inspector. Any exterior lighting shall be directed away from adjoining properties. 3. All site improvements noted in Planners Report to be completed on site by September 1, 1995. Financial security for all improvements to be filed with City offices before use of the property by owner under this Conditional Use Permit. 4. All emergency snow plowing activities outside of established hours of operation (6:00 a.m. to 6:00 p.m., Monday through Saturday) to follow City emergency plowing policy requiring minimum 2.0 inches of snowfall. II. ADDITIONAL RESTRICTIONS AND PROVISIONS. The following additional restrictions and provisions being part of the Planned Unit Development to be issued herein affecting the following matters shall be: A. Accessory Buildings None allowed. B. Fencing /Retaining Walls Per Planner's Report. C. Exterior Storage Non allowed. No vehicles to be idling on the premises. All parked vehicles to have motors shut off. D. Chemical /Pollutant Storage and Disposal None allowed. Gasoline storage in MPCA /Fire Department approved containers only. E. Screening Per Planner's Report of November 4, 1994. F. Landscaping Per Planner's Report of November 4, 1994. G. Lighting Hooded and directed away from residential areas. H. Parking Per Planner's Report of November 4, 1994. I. Hours of Operation 6:00 a.m. to 6:00 p.m., Monday through Saturday. No Sunday operation. Work conducted solely in the interior of the building and not visible to neighboring properties may be conducted after 6:00 p.m. J. Signage Subject to approval of the City Building Inspector. K. Drainage Per Planner's Report of November 4, 1994. L. Other: Subject to conditions set forth in the Planner's Report of Northwest Associated Consultants, Inc. dated November 4, 1994, File No. 798.02 - 94.17. Security in the amount of $ per Planner's Report. Recommendation to be posted upon execution of this permit to secure construction of improvements. III. REVIEW: Pursuant to Order of the City Council of the City of Oak Park Heights periodic review of this Conditional Use Permit is imposed as a condition of its grant. This Conditional Use Permit shall be reviewed annually at the Direction of the City Clerk, which shall notify the permit holder of the date of the annual review at least ten (10) days prior to the review hearing. • IN WITNESS WHEREOF the parties have set forth their hands and seals. CITY OAK PARK HEI S Dated: /0 --/---9f6 By: David Schaaf Mayor • Dated: / 2 .� .2 / 4J B "e"," r , ice ts ae •f obertson City Administrator Dated: By: Applicant /Permit Holder Dated: By: Applicant /Permit Holder THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439 -2878 EXHI2IT "A" All that part of the Northwest quarter of the Northeast quarter (NWh of NE1) and Northeast quarter of Northwest quarter (NE' of NW1/2) of Section Three (3), Township Twenty -nine (29), Range Twenty (20), described as follows: Commencing at a point 5 rods and 3 links east from the Southwest corner of the Northwest quarter of the Northeast quarter (NW; of NE4) of Section Three (3), Township Twenty -nine (29), Range Twenty (20), thence east 4 rods and 22 links, thence North 32 rods and 22 links, thence south 77° west 10 rods for a point of beginning; Thence south 13° East 100 feet, thence North 77° east 300 feet, thence North 13° west 50 feet, thence south 77° west 150 feet; thence North 13° west 500, thence south 77° west 150 feet to the point of beginning. EXCEPT a strip of ground Thirty (30) feet wide running from north to south through and across the following described real estate: All that part of the Northwest quarter of the Northeast quarter (NW; of NE;) of Section Three (3) in Township Twenty -nine (29) North of Range Twenty (20) West, described as follows, to -wit: Commencing at the Southwest corner of a piece of land heretofore deeded by John Cover and wife to Elizabeth Cover by deed dated May 19, 1858, and recorded in the office of the Register of Deeds in and for said County in Book J of Deeds on page 344, thence north seventy -seven (77) degrees east, along the south line of said last described tract Three hundred (300) feet, thence south thirteen (13) degrees east, Fifty (50) feet, thence south seventy -seven (77) degrees west, Three hundred (300) feet, thence north thirteen (13) degrees west, Fifty (50) feet to place of beginning, in accordance with a survey made of said Thirty (30) foot strip by. George Cox dated September 9, 1906, a map or plat of which survey is attached to that certain deed dated January 7, 1907, made by George W.E. Hill and wife to the State of Minnesota, marked "Exhibit A ", which deed is recorded in Book 68 of Deeds on page 8, in the office of the Register of Deeds in and for said County, reference to which deed and exhibit is hereby made for a more particular description of the real estate herein conveyed, and a duplicate of said map or plat is on file on (in) the office of the State Auditor of the State of Minnesota at the Capitol Building in the City of St. Paul, said State. Said second party agrees to construct crossing for the use of said first party, his heirs and assigns. ALSO EXCEPTING all that part of said NWT of NE;) of said Section Three (3) described as follows: Commencing at a point 5 rods and 3 links East of the . Southwest corner of the NWh of NE; of said Section 3; thence North 13° West a distance of 411.5 feet; thence North 77° East a distance of 183 feet to the point of beginning; Thence continuing a distance of 150 feet; thence North 13° West a distance of 50 feet; thence South 77° West a distance of 150 feet; thence South 13° East a distance of 50 feet to point of beginning. EXCEPT a strip of land 30 feet wide running from North to South through and across the above described property as described in that certain deed dated January 7, 1907, and recorded in Hook 68 of Deeds on page 8, in the office of the Register of Deeds in and for said County. r N orthwest Associated Consultants Inc. , C U R B A N P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H PLANNING REPORT TO: Oak Park Heights Mayor and City Council FROM: Dan Licht /Scott Richards DATE: 4 November 1994 RE: Oak Park Heights - A -1 Maintenance Conditional Use Permit FILE NO. 798.02 - 94.17 EXECUTIVE SUMMARY Background The City has received a request from A -1 Maintenance, Inc. for a conditional use permit to allow limited warehousing associated with a lawn care /snow removal business. The site is zoned R -B, Residential - Business Transitional District. Limited warehousing is allowed within the R -B District as a conditional use. As such a conditional use permit is required. The site is approximately 15,000 square feet and located at 5845 Stagecoach Trail in Oak Park Heights. The site contains an existing 3,480 square foot commercial style building which is in a state of disrepair. This parcel has been the subject of complaints from neighboring residents in the past due to a trucking business which was located at the site. Attached for Reference: Exhibit A: Site location Exhibit B: Site plan /elevation Exhibit C: Recommended parking layout 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 Recommendation Our office believes that the granting of Conditional Use Permits is a policy matter to be decided by City Officials. However, based upon the considerations outlined within this report, our office recommends the City approve a Conditional Use Permit as requested by A -1 Maintenance, Inc. subject to the following conditions: 1. No outside storage of equipment or materials is allowed. 2. The applicant shall submit plans for the storage of gasoline. These plans are subject to review and approval of the City Building Official. 3. No unattended vehicles or equipment shall be left idling at any time. 4. Hours of normal business operation shall be limited to not before 6:00 A.M. and not after 6:00 P.M. and not on Sunday. One exception to this condition is business operations may occur at times other than those listed above in the event of snowfall and the need for the business to commence snow removal operations. 5. The applicant submit a revised landscape plan which illustrates the number and size of plantings. To be included in this revised landscape plan shall be additional low level vegetation along the front lot line in front of the proposed fences. 6. The applicant submit a site plan illustrating. nine (9) 8' x 20' parking spaces and one (1) 16' x 20' handicap accessible space. 7. The applicant submit a schedule for when proposed improvements are to be undertaken and completed. Said schedule is subject to review and approval of the' City. 8. The applicant provide a security valued at one hundred fifty (150) percent of the estimated cost of the proposed improvements. 9. The parking and driveway areas are surfaced with a asphalt material to control dust. 10. Other comments of City officials or staff. 2 ISSUES ANALYSIS Site Conditions. The site is located at 5845 Stagecoach Trail. The site is approximately 15,000 square feet in size. Located to the west of the site, across Stagecoach Trail, is an area of low density residential use. A trucking business located at the site raised compatibility issues with regards to the residential use. To the north and south of the site are open space areas. To the east of the site are industrial type uses. The use proposed by the applicant would provide an effective transition between the residential and industrial areas. Zoning. The subject property is zoned R -B, Residential - Business Transitional District. The purpose of this district is to provide for the transition in land use from residential to business /industrial uses. The use proposed by the applicant, limited warehousing, is allowed as a conditional use within the R -B District. The use proposed by the applicant can be considered low intensity as the primary operation of the business is done off site. The site would be used for the storage of equipment overnight or when not in use. Because of the nature of the applicant's business, traffic to and from the site would be minimal and concentrated in the morning and late afternoon. This traffic would be comprised of employees arriving /departing work and employees departing /arriving from job sites. As a result, there would be little activity at the site for the majority of the day. The applicant does intend to have a small business office located at the site. The applicant currently employs eight people. Conditional Use Permit. The limited warehousing use proposed by the applicant is allowed within the R -B District as a conditional use subject to the following conditions: 1. Limited warehousing operations that include offices shall be subject to the additional conditions found in Section 401.09.D.2. The office use will need to comply with the conditions specified in Section 401.09.D.2. These conditions are outlined below: a. The site and related parking and service entrances are served by an arterial or ' collector street of sufficient capacity to . accommodate the traffic which will be generated. The site has access onto Stagecoach Trail which is has sufficient capacity to accommodate the traffic which would be generated by the proposed use. 3 b. Adequate off - street parking is provided in compliance with Section 401.03.E of the Zoning Ordinance. Refer to the detailed discussion of parking later in this report. c. Adequate off- street loading is provided in compliance with Section 401.03.F of the Zoning Ordinance. Sufficient space exists for loading and unloading of equipment and materials within the interior of the existing building. d. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement. Entrances to parking or service areas is not anticipated to create conflict with through traffic movement. e. When abutting an R -1, R -2, or R -3 District, a buffer area with screening and landscaping in compliance with Section 401.03.B.7 of this ordinance shall be provided. item 7 of this section of this report to ite ort P for "a detailed discussion of landscaping issues. f. All signing and information or visual communication devices shall be in compliance with Section 401.03.1 of the Zoning Ordinance. Refer to the detailed discussion of signs contained later in this report. g. The provisions of Section 401.16.A.5 of the Zoning Ordinance are considered and have been satisfactorily met. When considering an application for a Conditional Use Permit, the City Council must consider six possible adverse affects of the proposed conditional use. These affects and their relation to this conditional use are as follows: 4 i. Relation to the City's Comprehensive Plan. The proposed use is compatible with the City's Comprehensive Plan. ii. The geographical area involved. The proposed use will not negatively impact the geographical area. iii. Whether the proposed use will tend to or actually depreciate the area in which it is located. The proposed use is not anticipated to depreciate the area. iv. The character of the surrounding area. As a transitional district use, the proposed use is appropriate to the surrounding area. v. The demonstrated need for such use. The proposed use is a compatible and efficient use of a property which has proven difficult to develop with a compatible use in the past. 2. Limited warehousing operations that include retail commercial activities shall be subject to the additional conditions found in Section 401.09.D.5. This condition does not apply as the applicant is not proposing any on site retail commercial activity. 3. No outside storage of goods and materials is associated with the use. All business related materials shall be completely enclosed within a permanent structure. A 3480 square foot building currently exists on site which should provide sufficient space for the storage of equipment and business related materials. No outside storage of equipment or materials will be allowed. 5 4. Warehousing goods and materials shall be non - explosive. The applicant has not indicated how or where gasoline associated with equipment is to be stored. The applicant therefore shall be required to submit plans for the storage of such materials. These storage plans shall be subject to review and approval of the City building official. 5. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. The applicant is proposing improvements which would improve the appearance of the existing building and site. These improvements include the following: 1. Awning for building front with logo. 2. Paint building exterior 3. Install small bay window on building front 4. Install fencing to screen site from street. 5. Asphalt driveway / mark parking areas. 6. All lighting shall be hooded and so directed that the light source is not visible from the right -of -way or from a residential zone or use. The site plan and building elevation drawing submitted by the applicant does not indicate any lighting. Our office would recommend, but not require, that the applicant install lighting to illuminate the areas near the front of the building for security purposes. The lighting would need to be designed so as not to create an issue for adjacent residential properties. ,7. Adequate screening and landscaping from neighboring residential districts is provided in accordance with Section 401.03.B.7 of the. Zoning Ordinance. The applicant has submitted a site plan which illustrates landscaping located along the front lot line of the property. The landscaping consists of two maple trees and two fences, which extend around the corner of the lot, on ether side of the centrally located access drive. Our office recommends that the applicant provide additional low height vegetation in front of the fences. Such low height vegetation could include evergreen shrubs 6 or other bushes. These shrubs should provide additional screening of the property for the residential use located west of the property across Stagecoach Trail. The property to the north and south are designated natural open space and the property to the east is industrial use. Therefore, no additional screening would be required. 8. There shall be no idling of unattended vehicles allowed on the premises at any time. As stated previously, the majority of traffic associated with the proposed use will be employees arriving or departing and traffic to and from job locations in the morning and late afternoon. Therefore, our office does not anticipate any conflicts with this condition. 9. Business activities shall not be permitted before 6:00 A.M. or after 6:00 P.M. or on Sundays. The applicant has indicated that normal working hours during summer operations is from approximately 7:00 A.M. to approximately 6:00 P.M. However, snow removal operations are dependant upon the weather and thus unpredictable with regards to hours of operation. However, because business operations occur at areas other than the site, our office does not anticipate any conflicts with this condition. Parking. The site plan submitted by the applicant illustrates five 8 feet x 20 feet parking stalls and one 16 feet x 20 feet stall which is handicap vehicle accessible. However, the applicant has indicated that the business employs eight people plus the owner. The City Zoning Ordinance does not provide specific parking space requirements for the type of use proposed by the applicant. However, the Zoning ordinance reserves the City's right to establish parking requirements for any use not specifically provided for within the Zoning Ordinance. Our office recommends, therefore, that the applicant be required to increase the number of parking spaces to at least nine 8 feet by 20 feet spaces. Because of the limited size of the lot, our office suggests placing the additional spaces parallel to the driveways which extend to the garage doors on either side of the building (refer to exhibit C). Additional parking space may be provided by having some employees park their vehicles within the building while equipment is out on jobs sites during the day. Signs. The awning located above the central folding door is painted with the company name and is thus subject to the R -B District sign standards, Section 401.03.I.4.c of the Zoning Ordinance. The area of the awning which depicts the company name measures approximately 15 feet by 2 feet, or 30 square feet. Under 7 Ordinance provisions, 40 square feet of sign is allowed. Thus the proposed sign is compliant with Ordinance requirements. Improvement Timeline. The applicant has indicated that the proposed improvement are to be completed over a period of three years. However, the applicant has not indicated a schedule or priority for projects to be undertaken and completed. The City should require the applicant to submit a timeline for the undertaking and completion of the proposed improvements. If the conditional use permit were approved, the City would require that the proposed improvements be completed in a time period much shorter than three years. The City would require the proposed improvements be undertaken as soon as conditions allowed. This timeline would be subject to City approval. In addition, the City should require a security equal to one hundred fifty (150) percent of the cost of the proposed improvements from the applicant to ensure that the proposed improvements are completed in accordance with the approved schedule. CONCLUSION The granting of a Conditional Use Permit is a policy decision to be determined by City Officials. However our office's review indicates the proposed use to be a good and efficient use of the property due to the considerations outlined in this report. Therefore our office recommends that the City approve the conditional use application of A - Maintenance, Inc. subject to the conditions outlined in the Executive Summary of this report. pc: LaVonne Wilson Mark Vierling Joe Anderlik Jim Butler Jon Nelson 8 � p 6LJ r1 II_1 St I. 0 II N I 1.�\ TILLWATER • �^ 3 STILLWATER . PI� 1 \ - __ a e " 1 i I � c b �� . • U.N. ....r) IN V a MN.. "" � � Q ', SITE LOCATION i se. St N. I N ., Sr i N q' } w o allightik.'.. •� AN i k glir • 3j _. �. i ; N IST N1� - V D St N. Y Silk $T N _ I © \\_____„ I 1 ri - i - $S.e St r e. • This map is for planning purpoa , aDj ® u 1 u only and should not be used when precise measurements are required. Oak Park He Mn. 500' 0 1000' North 10.86 X na northwest assoccated = consultants. Inc. CO I 4 11:0 morN4100., o � I 700 fln 4!1 91`.!4.'0 r••■••.SKN:, ON•NN`5O1.I .1.4'S ' R O U I Mk (1) 1llen i. u am (�1 Z 1 F•mW uK vo F • Z -i ,ko 23 eI = t. `b 1 �� 440 d F 1S ,b P .al s N i - tr. H Q �t a { O fi, ➢ V' 1s i, ' ' 1 .'= : 11> muut i , 1 1 m . _ pi s : PROPOSAL BY rnereb „entry Ibal Ib waa spet:ukalln, RUST 4 or re port wsa „ spar ed by me, a t rader mY 03 DATE: :. direct supervision and Owl 1 am • duly - ARCHITECTS, P.A. DRAWN BY : A — i MAINTENANCE IN Sta o. Architect under the laws et the _ 2179 FOURTH STREET r CHECKED BY • William E. Rust - WHITE BEAR LAKE. MN 55110.3028 03 ii RA : Date Registration No. (612) 429 - 1913 • / • V' L C am ® ® X+ - ...::"1 - 1 r-4....-2,, f3 °JlL P 0 . 1 ■ 4 1 i 3 b` y Pt I l l 0 ® • 19\A 10 i"1 I fli �[ i 0 7. ,,,,,,,:....._ ra .....„ NIMmit,.... IN , 1 4 ► • e•eeee�e�e�e�e �- • •••• • 00 0000 u- �►eeeeeeeeee� + ♦eeeeeee ♦eeeeeeeee., e • e e e e e e e e e e e e e e e e e e . ; to / , eee - eeeeeeeeeeeeeeeeeeeee, ! /J �eeeeejel - -'f k• ••• j I El z' '.,- ,.‘ iiliEll ME e" ''', '0 to 111 12 , ,( -- -- — s-' . ''' r t ' \ 1 % ' • ,,i,,,s,..........):4 •• •4 :e HANDICAP VEHICLE PARKING ► EXHIBIT C 401.15.B. General Building and Performance Requirements. 1 7. Outdoor Lighting. a. Purpose. It is the purpose of this Ordinance section to encourage the use of lighting systems that will reduce Tight pollution and promote energy conservation while increasing night time safety, utility, security and productivity. b. Exemptions. The provisions of this section shall not apply to the following: 1) This section does not prohibit the use of temporary outdoor lighting used during customary holiday seasons. 2) This section does not prohibit the use of temporary outdoor lighting used for civic celebrations and promotions. 3) Lighting required by a government agency for the safe operation of airplanes, or security lighting required. on government buildings or structures. 4) Emergency lighting by police, fire and rescue authorities. c. Non- Conforming Uses. 1) All outdoor lighting fixtures existing and legally installed prior to the effective date of this Ordinance (15 October 1997) are exempt from regulations of this section but shall comply with the previous Ordinance requirements for glare as follows: a) Any lighting used to illuminate an off- street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky - reflected glare, where from flood lights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right -of -way. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the center line of said street. Any Tight or combination of lights which cast light on residential property shall not exceed four - tenths (.4) foot candles (meter reading) as measured from said property. 2) New Fixtures. Whenever alight fixture that was _existing on the effective date of this Ordinance (15 October 1997) is replaced by a new outdoor light fixture, the provisions of this section shall be complied with. d. Intensity. No light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four - tenths (0.4) foot candles as measured at the property line, per the method outlined in Section 401.15.B.7.e. e. Method of Measuring Light Intensity. The foot candle level of a light source shall be taken after dark with the light meter held six (6) inches above the ground with the meter facing the light source. A reading shall be taken with the light source on, then with the light source off. The difference between the two readings will be identified as the light intensity. f. Performance Standards. 1) Residential /Open Space District Standards. In all residential /open space districts, any lighting used to illuminate an off- street parking area, structure, or area shall be arranged as to deflect light away from any adjoining residential property or from any public right -of- way in accordance with the following provisions: a) The light source shall be hooded or controlled so as not to light adjacent property in excess of the maximum intensity defined in Section 401.15.B.7.d. b) Bare light bulbs shall not be permitted in view of adjacent property or public right -of -way, unless part of a permanent fixture. 11 2) Public /Institutional, Commercial and Industrial Districts. Any lighting used to illuminate an off- street parking area, structure, or area shall be arranged so as to deflect light away from any adjoining property or from any public right -of -way in accordance with the following provisions: a) Shielding. The luminaire shall contain a cutoff which directs and cuts off the light at an angle of ninety (90) degrees or less. b) Intensity. Light sources shall not be permitted so as to light adjacent property in excess of the maximum intensity defined in Section 401.15.B.7.d. c) Exceptions. Architectural /historical Tight fixtures that feature globes that are not shielded, or lighting of entire facades or architectural features of a building shall be approved by the City Council. In no case shall the Fight affect adjacent property in excess of the maximum intensity defined in Section 401.15.B.7.d. d) Height. The maximum height above the ground grade permitted for light sources mounted on a pole is twenty -five (25) feet. A light source mounted on a building shall not exceed the height of the building. In no case shall the height of a Tight source mounted on a pole or on a building exceed the height limits of the zoning district in which the use is located unless allowed by conditional use permit. e) Location. (1) The light source of an outdoor light fixture shall be setback a minimum of ten (10) feet from a street right - of -way and five (5) feet from an interior side or rear lot line. (2) No light sources shall be located on the roof unless said light enhances the architectural features of the building and is approved by the Zoning Administrator. f) Hours. (1) The use of outdoor lighting for parking lots serving commercial and industrial businesses shall be turned off one (1) hour after closing, except for approved security lighting. (2) All illuminated on- premise and off- premise signs for advertising purposes shall be turned off between 11:00 PM and sunrise except that said signs may be illuminated while the business facility on the premise is open for service. g) Glare. Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property. 3) Outdoor Recreation. Outdoor recreational uses such as, but not limited to, baseball fields, football fields, tennis courts and snow skiing areas have special requirements for night time lighting. Due to these unique circumstances, a conditional use permit shall be required for outdoor lighting systems which do not comply regulations of this section. a) No outdoor recreation facility whether public or private shall be illuminated after 11:00 PM. b) Off - street parking areas for outdoor recreation uses which are illuminated shall meet the requirements stated for commercial and industrial applications as found in Section 401.15.B.7.f.2).a., b., c., e., and g. c) The provisions for a conditional use permit, Section 401.03.A.8 of this Ordinance, are considered and satisfactorily met. 12 4) Outdoor Signs. All lighting of signing and informational or visual communication devices shall be in compliance with Section • 401.15.G of this Ordinance. g. Prohibitions. The following outdoor lights are prohibited within the City of Oak Park Heights: 1) The use of search lights for any business shall be limited to not more than four (4) events per calendar year. During any one event, the use of search lights shall be limited to five (5) days consecutively and shall not be used between the hours of 10:30 PM and sunrise. 2) Flashing lights. h. Submission of Plans. All applications, except single family residential, that include outdoor lighting must include evidence the proposed outdoor lighting will comply with this section. The application shall contain the following information, in addition to other required information: 1) Site plans indicating the location on the premises of all illuminating devices, fixtures, lamps, supports, reflectors and other lighting devices. 2) Description of the type of illuminating devices, fixtures, lamps, supports, reflectors and other lighting devices. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required). 3) Photometric plans illustrating the angle of the cutoff or Tight emissions, and illumination field of the proposed site lighting. ( part of a structure, located on the surface of the ground or located on freestanding poles. 9. Outdoor Light Fixture. Outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement. The fixture includes the hardware that houses the illumination source and to which the illumination source is attached including, but not limited to, the hardware casing. Such devices shall include, but are not limited to, search, spot, and flood lights for: a. Buildings and structures. b. Recreational areas. c. Parking lot lighting. d. Landscaping lighting. e. Signs. f. Street lighting. g. Product display area lighting. h. Building overhangs and open canopies. 10. Security Lighting. Outdoor lighting fixtures installed exclusively as a measure to reduce the possible occurrence of a crime on the property. Figure 2 hteld g 11. Shielding. A technique or method of a construction permanently covering the top and sides of a light source ,, by a material which restricts the light emitted to be projected below an imaginary horizontal plane passing through the light fixture (see Figure 2). 12. Spillage. Any reflection, glare or other artificial Tight that emits onto any adjoining property or right -of- ` way and is above a defined maximum illumination. Loading Space: A space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access. 02 -15