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HomeMy WebLinkAbout2013-12-12 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA THURSDAY, DECEMBER 12, 2013 7:00 P.M. I. Call to Order II. Approval of Agenda III. Approve November 14, 2013 Planning Commission Minutes (1) IV. Department/Commission Liaison/Other Reports V. Visitors/Public Comment This is an opportunity for the public to address the Commission with questions or concerns not on the agenda. Please limit comments to three minutes. VI. Public Hearings A. Continued from City Council Meeting—Zoning Ordinance 401: Consider amendment to Ordinance 401.15.M—Home Occupations related to the requirements for Special Home Occupations. (2) B. Continued from City Council Meeting—Sarah Bell Special Home Occupation/Conditional Use Permit Request: Consider Special Home Occupation/Conditional Use Permit request of Sarah Bell to all an in-home beauty salon at 13930 55th St. N. (3) C. Continued-Zoning Ordinance 401: Consider amendment to Zoning Ordinance 401.15.G—Signs,related to definitions and regulations for electronic message boards. (4) VII. New Business VIII. Old Business IX. Informational A. Upcoming Meetings: • Thursday, December 26, 2013 City Council 4:30 p.m./City Hall • Tuesday, January 14, 2014 City Council 7:00 p.m./City Hall • Thursday, January 16, 2014 Planning Commission 7:00 p.m./City Hall • Tuesday,January 28, 2014 City Council 7:00 p.m./City Hall B. Council Representative • Thursday, December 26, 2013 —Commissioner Thurmes • Tuesday, January 28, 2014—Commissioner Bye X. Adjourn. ENCLOSURE I CITY OF OAK PARK HEIGHTS -- PLANNING COMMISSION MEETING MINUTES Thursday,November 14,2013—Oak Park Heights City Hall Call to Order: Chair Bye called the meeting to order at 7:00 p.m. Present: Commissioners Anthony, Bye, Kremer,Nelson and Thurmes; City Planner Richards and Commission Liaison Runk. Absent: City Administrator Johnson. II. Approval of Agenda: Commissioner Nelson, seconded by Commissioner Anthony, moved to approve the Agenda as presented. Carried 5 - 0. III. Approval of October 10, 2013 Meeting Minutes: Commissioner Kremer, seconded by Commissioner Nelson, moved to approve the minutes as presented. Carried 5 - 0. IV. Department/Commission Liaison/Other Reports: None V. Visitors/Public Comment: None. VI. Public Hearings: A. Continued: Zoning Ordinance 401: Consider amendment to Zoning Ordinance 401.15.G— Signs, related to definitions and regulations for electronic message boards. City Planner Richards reviewed and discussed the November 6, 2013 planning memorandum with regard to the October 13, 2013 Sign Ordinance draft, which has incorporated comments of the Commission and staff. Discussion ensued as to clarity and ease of understanding of the definitions and the order of the Ordinance sections, sign regulation within 0, Open Space Conservation and P/I, Public-Institutional Zoning Districts, frequency of message changes, and allowable maximum illumination. A sign concept for Tire Pros, who also has a location in Hudson, WI was reviewed. It was noted that it was important to find a balance in regulation so that businesses are able to use message signs meaningfully for their business needs. A suggestion was made to review what allowances are given by Hudson, WI for message change frequency at the Hudson Tire Pros location. Planning Commission Minutes November 14, 2013 Page 2 of 3 Commissioner Anthony, seconded by Commissioner Nelson, moved to approve the October 10, 2013 sign ordinance as presented at the November 14, 2013 Planning Commission meeting with amendment to the definitions, combining Changeable Copy Sign, Electronic and Changeable Copy Sign, Manual and with continued discussion to be had as to how often sign messages may be changed. Carried 4— 1, Kremer opposed. Further discussion ensued as to the definitions and language of dynamic display, motion and multi-vision signs. There being no further discussion, Chair Bye opened the public hearing, and as their no were no visitors to the audience, continued the public hearing to December 12, 2013. VII. New Business: None. VIII. Old Business: A. 2014 Planning Commission Calendar: Review and approve 2014 Planning Commission meeting dates and Commission Liaison to City Council meeting schedule. Commissioner Nelson, seconded by Commissioner Kremer, moved to accept the 2014 calendar as presented. Carried 5 —0. IX. Informational: A. Upcoming Meetings: • Tuesday,November 26, 2013 City Council 7:00 p.m./City Hall • Tuesday, December 10, 2013 City Council 7:00 p.m./City Hall • Thursday, December 12, 2013 Planning Commission 7:00 p.m./City Hall • Thursday, December 26, 2013 City Council 4:30 p.m./City Hall B. Council Representative Commissioner Anthony noted that she had a conflict on December 26, 2013 and inquired whether another Commissioner would be able to act as Council Representative for that meeting. Commissioners Thurmes and Anthony reversed their meeting assignment. • Tuesday,November 26, 2013 —Commissioner Anthony • Tuesday, December 26, 2013 —Commissioner Thurmes Planning Commission Minutes November 14, 2013 Page 3 of 3 X. Adjourn: Commissioner Kremer, seconded by Commissioner Nelson, moved to adjourn the meeting at 7:48 p.m. Carried 5 —0. Respectfully submitted, Julie Hultman, CBO Planning& Code Enforcement Approved by the Planning Commission: TPC3601 Thurston Avenue N, Suite 100 I .OS4JRE 2 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCQPIanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: December 4, 2013 RE: Oak Park Heights— Home Occupation Standards —Zoning Ordinance Amendments TPC FILE: 236.01 — 13.07 Background As you are aware, Sarah Bell has proposed a home occupation for a cosmetology salon at her residence located at 13930 55th Street North. The criteria within Section 401.15.M of the Zoning Ordinance specifies that this type of home occupation is a Special Home Occupation requiring a conditional use permit. Ms. Bell has applied for the conditional use permit and supplied the necessary fees and materials for the review. In reviewing the Zoning Ordinance, Staff has noticed an issue in the language related to requirements for Special Home Occupations. It does not allow for the general public to come to the premises pertaining to the conduct of the home occupation. As a result, clients could not come to Ms. Bell's house for services. This was not the original intent of the Ordinance when it was amended in 1998. A Special Home Occupation was created to allow a more intensive type of home business where the general public, on a limited basis, could come to a residence. Because a Special Home Occupation requires a conditional use permit, reasonable conditions can be placed on this type of request so that there is no burden placed on the neighborhood. The proposed change in language is found as attached. Planning Commission/City Council Action The Planning Commission and City Council should determine if the Special Home Occupation section of the Zoning Ordinance should be changed to allow the public to come to a residence for the purposes pertaining to the conduct of the home occupation. A draft recommending resolution of the Planning Commission as well as an approval City Council Ordinance has been provided as attached. December 4, 2013 401.15.M. Home Occupations. 1. Purpose. The purpose of this Section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. 2. Procedures and Permits. 2 a. Permitted Home Occupation. Any permitted home occupation as defined in this Ordinance, and subject to the performance standards of this Section, may be conducted solely within a single family detached dwelling (excluding attached garage space and/or any accessory structures). The permitted home occupation shall require a "permitted home occupation permit". Such permits shall be issued subject to the conditions of this Section, other applicable City Ordinances and State law. This permit may be issued by the Zoning Administrator based upon proof of compliance with the provisions of this Section. Application for the "permitted home occupation permit" shall be accompanied by a fee as adopted by the City Council. If the Zoning Administrator denies a permitted home occupation permit to an applicant, the applicant may appeal the decision to the City Council. The permit shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this Section have been breached. An annual fee, as set by the City Council, will be charged to the applicant. At such time as the City has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission, following the procedural provisions of a conditional use permit in Section 401.03 of this Ordinance. The City Council shall make a final decision on whether or not the permit holder is entitled to the permit. b. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall require a "special home occupation permit" which shall be applied for reviewed and disposed on in accordance with the procedural provisions of a conditional use permit found in Section 401.03 of this Ordinance. c. Declaration of Conditions. The City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this Section. 1 d. Transferability. Permits shall not run with the land and shall not be transferable. e. Lapse of Special Home Occupation Permit by Non-Use. Whenever within one (1) year after granting a permit the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the City Council for a decision. 2 f. Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial unless a decision to reconsider such matters is made by not less than four-fifths (4/5) vote of the City Council. 3. Requirement-General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. a. General Provisions. 1) No home occupation shall produce light, glare, noise, odor, vibration, smoke, dust, heat, or hazardous or toxic material shall not be produced, stored, or kept on the premises that will in any way have an objectionable effect upon adjacent or nearby property. 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. 3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. 4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. 5) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. 2 6) The home occupation shall meet all applicable fire and building codes. 12 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. 8) All home occupations shall comply with the provisions of the City Code. 9) No home occupation shall be conducted between the hours of 10:00 pm. and 7:00 am. unless said occupation is contained entirely within the principal building, excluding attached garage space, and will not require any on-street parking facilities. 10) No commodity shall be sold on the premises. 11) Not over twenty-five (25) percent of any one story can be used for a home occupation. b. Requirements-Permitted Home Occupations. 1) No person other than those who customarily reside on the premises shall be employed. 2) The general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. 3) All permitted home occupations shall be conducted entirely within the principal dwelling, excluding attached garage space, and may not be conducted in an accessory building. c. Requirements-Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. 2) Special home occupations shall be limited to only those activities of a non-residential nature which are specified as allowed by state statute or regulation such as day care group nursery or which comply with Sections a and b above (except for b.2), but are conducted entirely within the principal building, attached garage space, or detached accessory building. 3) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number when and where changing conditions require additional review. 3 4) The general public shall be permitted to come to the premises in question for purposes pertaining to the conduct of the home occupation. 4. Non-Conforming Use. Existing home occupations lawfully existing on the date of this Ordinance may continue as non-conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than thirty (30) days, or is in violation of the Ordinance provisions, under which it was initially established, shall be brought into conformity with the provisions of this Section. 5. Inspection. The City of Oak Park Heights hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed. 4 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL A ZONING ORDINANCE AMENDMENT TO SECTION 401.15.M.3.c. TO ALLOW THE PUBLIC TO VISIT A RESIDENCE FOR THE PURPOSES PERTAINING TO THE CONDUCT OF A SPECIAL HOME OCCUPATION WHEREAS,City Staff requested that the Planning Commission consider an Ordinance amendment to Section 401.15.M.3.c of the Zoning Ordinance to allow the public to visit a residence for the purposes pertaining to the conduct of a special home occupation, and having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The Planning Commission has reviewed the Zoning Ordinance and has determined that an amendment to Section 401.15.M.3.c of the Home Occupation regulations related to allowing the public to visit a residence pertaining to the conduct of a special home occupation is justified and follows the original intent of the Zoning Ordinance; and 2. City Staff prepared draft Zoning Ordinance amendments which were reviewed by the Planning Commission; and 3. The Planning Commission held a public hearing at a December 10, 2013 meeting, took comments from the public and recommended amendments to the Zoning Ordinance as found as follows; and 4. Section 401.15.M.3.c of the Home Occupation regulations of the Zoning Ordinance, is recommended to be amended to include the following. The proposed language is found in bold print: c. Requirements-Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. 2) Special home occupations shall be limited to only those activities of a non-residential nature which are specified as allowed by state statute or regulation such as day care group nursery or which comply with Sections a and b above (except for b.2), but are conducted entirely within the principal building, attached garage space, or detached accessory building. 3) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number when and where changing conditions require additional review. 4) The general public shall be permitted to come to the premises in question for purposes pertaining to the conduct of the home occupation. NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The Zoning Ordinance is amended to allow the public to visit a residence for the purposes pertaining to the conduct of a special home occupation specified above; and B. Copies of the recommended Zoning Ordinance amendment are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this th day of December 2013. Jennifer Bye, Chair ATTEST: Eric A. Johnson, City Administrator 2 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2013- - AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE, TO ALLOW THE PUBLIC TO VISIT A RESIDENCE FOR THE PURPOSES PERTAINING TO THE CONDUCT OF A SPECIAL HOME OCCUPATION THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.15.M.3.c Requirements— Special Home Occupation of the Zoning Ordinance is hereby amended as follows: c. Requirements-Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. 2) Special home occupations shall be limited to only those activities of a non-residential nature which are specified as allowed by state statute or regulation such as day care group nursery or which comply with Sections a and b above (except for b.2), but are conducted entirely within the principal building, attached garage space, or detached accessory building. 3) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number when and where changing conditions require additional review. 4) The general public shall be permitted to come to the premises in question for purposes pertaining to the conduct of the home occupation. SECTION 2. The Planning Commission of the City of Oak Park Heights held a public hearing at a December 10, 2013 meeting, took comments from the public, and recommended that the City Council approve the amendments as provided in this Ordinance. SECTION 3. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 10th day of December, 2013 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator T3601 Anoka Thurston Mhl 55303 Avenue N, Suite 100 ' 4t�a�!.., 1_� Phone: 763.231.5840 Facsimile: 763.427.0520 TPC PlanningCo.corr� MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: December 4, 2013 RE: Oak Park Heights — Conditional Use Permit for a Special Home Occupation Permit to Allow an In-Home Hair Salon at 13930 55th Street North TPC FILE: 236.05 — 13.01 BACKGROUND Sarah Bell has made an application for a Conditional Use Permit (CUP) to allow an in- home hair salon at 13930 55th Street North. The request requires a CUP in that beauty salons are considered a special home occupation. The review of this request is contingent upon a Zoning Ordinance amendment to clarify the language in Section 401.15.M related to home occupations. The property is zoned R-1, Single Family Residential District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Narrative from Sarah Bell Exhibit 2: Application for a Home Occupation Permit Exhibit 3: Salon License Application Exhibit 4: Picture of 13930 55th Street North PROJECT DESCRIPTION The applicant has requested the conditional use permit to open an in-home hair salon. Ms. Bell's narrative indicates the following: "I am asking if I can apply and get a home occupational permit to open a hair salon business in my home and if traffic vclume will be allowed. There will be no more that 1- 2 customers at a time. I will offer hair services and some product retail items to my clientele. The name of my salon will be ChromaLox. ChromaLox will be in a portion of my residence where all standards and codes will be met by both the City and State." The salon will be located in the living room of the structure. Within the state license materials, a diagram is included that shows the plan for the salon. She notes that there would be one to two customers at a time and would be open Monday to Saturday with hours between 8:00 AM to 9:00 PM. There is a three stall garage with a large driveway for parking. She has indicated that she may add a separate entrance and sidewalk if required. The changes to the structure will require a building permit. ISSUES ANALYSIS Comprehensive Plan: The property is designated as low density residential in the Comprehensive Land Use Map. The request for a Special Home Occupation is consistent with the Comprehensive Plan policies related to low density land use. Zoning: The property is zoned R-1 Single Family Residential District. Section 401.15.M addresses home occupations. A hair salon would require a Conditional Use Permit in that it qualifies under the criteria of a Special Home Occupation. Currently this section of the Ordinance does not allow persons to come to a residence for services offered by a home occupation business. This is an issue within the wording of the Ordinance that was not the original intent. Special Home Occupations are set up to require the public hearing and the CUP in order to consider allowing a limited number of customers to come to the residence. A public hearing has been scheduled to make the necessary Ordinance change. That hearing will be conducted prior to the hearing for the CUP. Please see the separate memo on this issue. The criteria for reviewing home occupation requests are as follows: 3. Requirement-General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. a. General Provisions. 1) No home occupation shall produce light, glare, noise, odor, vibration, smoke, dust, heat, or hazardous or toxic material shall not be produced, stored, or kept on the premises that will in any way have an objectionable effect upon adjacent or nearby property. 2 Comment: The hair salon should not create any issues such as those listed above. 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. Comment: The equipment should not create any issues with electrical interference. 3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. Comment: The hair salon will be secondary to the residential use. There will be no change to the residential character of the neighborhood. 4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. Comment: The dwelling changes proposed are consistent with the single family design of the structure. 5) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. Comment: There will be no exterior storage of equipment and materials. 6) The home occupation shall meet all applicable fire and building codes. Comment: The home occupation will be required to meet all fire and building codes. 12 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. Comment: The applicant shall provide sign plan that will be consistent with the Ordinance and subject to approval of City Staff. 8) All home occupations shall comply with the provisions of the City Code. Comment: The hair salon will be required to comply with City Code. 3 it 9) No home occupation shall be conducted between the hours of 10:00 pm. and 7:00 am. unless said occupation is contained entirely within the principal building, excluding attached garage space, and will not require any on-street parking facilities. Comment: The proposed hours are 8:00 AM to 9:00 PM. 10) No commodity shall be sold on the premises. Comment: The applicant has proposed selling a limited amount of product. The Planning Commission and City Council should comment. 11) Not over twenty-five (25) percent of any one story can be used for a home occupation. Comment: The total amount of area that the salon will occupy is about 200 square feet. The applicant should identify the size of the portion of house that the salon will be located. c. Requirements-Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. Comment: The applicant which is a resident of the home will be the only person doing the home occupation. 2) Special home occupations shall be limited to only those activities of a non-residential nature which are specified as allowed by state statute or regulation such as day care group nursery or which comply with Sections a and b above, but are conducted entirely within the principal building, attached garage space, or detached accessory building. Comment: The salon is regulated by the state. The salon business will be done entirely within the building. 3) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number when and where changing conditions require additional review. Comment: There is adequate room in the driveway to accommodate the one to two customers that may be at the salon at any one time. 4 Conditional Use Permit Criteria: The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: Most of the issues listed above have been adequately addressed in previous review. The Planning Commission and City Council should consider the overall neighborhood impact to determine if there are any issues in this area. There are other similar home occupation hair salons in Oak Park Heights that have not created issues for the neighborhood. CONCLUSION/RECOMMENDATION Upon review of the request for the Conditional Use Permits, City staff would recommend the Conditional Use Permit to allow an in-home hair salon at 13930 55th Street North with the following conditions: 1. Any changes to the structure to accommodate the home occupation shall be compliant with all Building and Fire Code requirements subject to review and approval of the Building Official. 2. Only residents of 13930 55th Street North shall be allowed to work at the in-home hair salon. 3. The Applicant shall receive and maintain all required state licensing for the business. 4. The Applicant shall provide a sign plan, in compliance with Section 401.15.G of the Zoning Ordinance and subject to approval of a sign permit. 5. There shall be no exterior storage of materials as it relates to the business. 5 6. The home occupation business shall be conducted between the hours of 10:00 PM and 7:00 AM. 7. The Planning Commission and City Council should comment on the request to sell products related to the home occupation business. 8. The Applicant shall identify the amount of area the salon will occupy in the residence. 6 XHIBIT 1 City of Oak Park Heights, I am asking if I can apply and get a home occupational permit to open a hair salon business in my home and if traffic volume will be allowed.There will be no more than 1-2 customers at a time. I will offer hair services,and some product retail items to my clientele.The name of my salon will be ChromaLox.ChromaLox will be in a portion of my residence where all standards and codes will be met by both city and state. Thank you, Sarah Bell 13930 55th St N Oak Park Heights, MN 55082 651-955-6095 EXHIBIT 2 CITY OF OAK PARK HEIGHTS *DEVELOPMENT APPLICATION 14168 Oak Park Boulevard , oO P.O. Box 2007 Base Fee: Oak Park Heights, MN 55082 Escrow Amount: 1J A. (651)439-4439 Fax: (651)439-0574 Street Location of Property_ . 13930 554Th St INC _ Legal Description of Property PI L) 05,029 20. I 009(p 1A1'I1 S add() . * Owner: Name SarY AL E,e \ Address: . I : Q3 Q s s 44n s'-'- ►v _ City: C- State. j10_ Zip:S Sc ' Telephone: (Home)(Q_S1 3 atS Business)_ ijSS-l.�0gS (Fax) —_- (Other) .- Applicant: Name. Ol,'C` _. �ll Address: •1193 0 5S City:Oar_4.rs,— State:t�e.__: m J Zip:..•S..__._S._. Ri_-.a Telephone: (Home) S1- 3( (Business)- QS 09S (Fax) ____�...... _._ (Other) Type of Request(s) Zoning District Amendment X Home Occupation Conditional Use Permit Site Plan Review Variance: Single Family Residential PUD: Amendment Variance: Other Residential/Commercial/industrial _ PUD: Concept Plan Subdivision -- PUD: General Plan Subdivision: Minor -Street Vacation Comprehensive Plan Amendment City Financial Assistance �/_ Description of Request(s): �F -'D.__ 0 p r, a Salon If a request for planning/zoning action on the subject site or any part thereof has been previously approved, please describe it below: A- Owner/Applicant Initials.. Development Application, Page 2 General Conditions Application Review The undersigned acknowledges that before this request can be considered and/or approved,all required information and fees, including:any deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Professional Fee Responsibility it is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s)will be promptly paid upon receipt. If payment is not received from the applicant,the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act if it becomes thirty (30)days past due. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the .. issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31'of each year. Property Address /1/4960 65 Al SAGS \ Date: Owner Signature a +Mil 6e Q9 Date: Applicant Signature City of Oak Park Heights 14168 Oak Park Blvd. Box 2007 Oak Park Heights,MN 55082 Phone(651)439-4439 —Fax(651)439-0574 www.cityofoakparkheights.com APPLICATION FOR A HOME OCCUPATION PERMIT Applicant: Sa.rOir1 'A . fi2).p k\ Phone# t k " g S s- t 2 o 9 s Street Address: \3q so g�'i-t". -1.' `0 City Oak_ QGLr v lyk s , rim.) Zip gS 0 c J For application property: Street Address: 13°i SO SS alt IJ City (a K- par y_ H•ei l h-t- 1A M zip S'SO R'01- Legal Description of the property: KeSi atvv-1--i a t , 9.3 Qc re 3 Car 9aret9--f Zoning Dis 'et. g. I , slt1/. cakkt l y r�t kt i--j a l Is the property connected to the City water and sewer system? Yes No 1 (If additional space is needed to adequately answer the following,please accurately number and answer the responses on the back of these sheets.) Describe the home occupation(type of home business)being proposed: 4a, otr Describe the character of the existing surrounding property: GLgr C 'Gt : ho Vr p 1 --A ar-'to . Who is to be employed in proposed occupation? ±&rkBl1 Will any person(s)be employed that does not live at the occupation address listed in this application? Yes 'Y\ No ICI In what part of the structure will the occupation be located? roo,rn 1-c co- ail poss■ h1-e 2 How many customers will be served at one time? I What are the intended days and hours of this occupation? Wel What service will this occupation provide? r ca.(-t and m ;ka i ,mat L -;,13 Gov\ A poSS',w9 ma..rnVuV-'S . Is off street parking available? Ag Yes No If yes, describe location, capacity and type of surface: pri pr #-e Sfiire-e t ark D( dir< ��moo,y e a,�n peoe-e Will there be a need for street parking? Yes No If yes,how much space will be needed? Qcobthk4 itof but Juc-�- ;i ( as-ell mar Loa des,. 3 Will the occupation require the use of an accessory building? Yes_ _No If yes,please justify the need of an accessory building and describe the facility: Will the home occupation require or involve any equipment not normally found in a dwelling unit? Yes No ('Q c If yes,please describe the equipment: kkCO4 (1-US , 4cAoo 0 . S , Will the occupation involve over-the-counter sale of merchandise produced off the premises? Yes No If yes,please describe the merchandise to be sold: ('if çCoOL - th(ouci h r How long do you anticipate the occupation be carried on at this address? Q S lbnr 4S \\V e h4,1r e 4 How much of an investment in the premise is required for this occupation? I an" n of Sucio tAtf 1910-- T cuevt 5,000-1 O on -e ux� 12611 e ire 4--r Ovr s�-V,�c -t - If an investment is required,does it include alteration? Interior !Exterior If so,Please describe the required alteration: 131 D 04-(1fl 0 ( ' vi -j io bu 301-e5 c J tie,OC)wus 114 V_ YLIL2 6 4 S-i°p k 6 1 a-frt ue So a- X01 or-ea 1--e et SlroLQ attcW aktd ct Are other governmental licenses or permits required to legally conduct business in this occupation? ‘s/t% Yes No If yes,please list the licenses and/or permits below: nntcnn-esofi6 bcriurd 0,c COS ?to 100+4- Kam ruQ The City reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of Zoning Ordinance 401.15.M"Home Occupations." May the City inspect the premise during the application process? )4. Yes No If no,please explain: 5 4 I Is there any additional information regarding this application that the City should be aware of concerning the occupation? By signing this application,I declare that I have read all applicable City Ordinances. I affirm that all information provided to the City of Oak Park Heights on this application, or as a part thereof,is true and accurate to the best of my knowledge. Date: \ D . \(D - `(5 L&tAcd Signature of Applicant Please Check One: Fee shall be submitted with complete application. New: Special Home Occupation —Fee: $100 (Ordinances 401.03 &401.15.M) New: Permitted Home Occupation —Fee: $25 (Ordinance 401.15.M) Home Occupation Renewal(Annual) —Fee: $ 15 6 . A.d' EXHIBIT 3 ❑ 0 fvs�x' p CI' • Board of Cosmetologist Examiners ' 'h 'x 2829 University Avenue SE,Suite 710 ..v'. 1. Minneapolis,MN 55414 s ,�t� 651-201-2742-612-617-2601(fax) www.bceboard.state.mn.us-bce.board@pstate.mn.us Salon License Application -MAKEA COPY OF THIS APPLICATION FOR YOUR RECORDS- THE BCE IS ON A THREE-YEAR LICENSE CYCLE. A LICENSE CANNOT BE ISSUED FOR MORE THAN THREE YEARS. THUS,YOUR INITIAL LICENSE MAY EXPIRE IN LESS THAN THREE YEARS. Please complete all of the following questions. Failure to have a complete application will result in a delay of your Salon Ucensure as the application will be returned. A Salon Ucense does not transfer when a salon is sold or moved. Owning and operating a salon under another person's or business's license is illegal. "The data which you furnish on this application will be used by the BCE to assess your qualifications for licensure.Disclosure of this information is voluntary. You are not legally required to provide this data,however if you fail to do so,the BCE may be unable to process this application. Disclosure of your Social Security number is required by Minnesota Statutes 270C.72 and your Social Security number may be requested by and Released to the Minnesota Commissioner of Revenue.Then BCE may use your Social Security Number for Revenue Recapture as authorized by Minnesota Statutes,Chapter 270A.After issuance of a license,all information contained in this application,except your Social Security Number,will be public information pursuant to Minnesota Statutes,Chapter 13." Pursuant to Minnesota Statutes 604.113 and 609.535 the BCE is authorized to charge a service charge of$30.00 for any check that is retuned for non-sufficient funds. License Fee: 09/2012 Total Fee $243.00 $293.00 if this application is the result of a late renewal Initial Salon Information Salon Legal Name Chrornu Lo.x Sat 01/) Salon DBA Name(DBA:Doing Business As) Chr Orr a Le) l< Sato MN Tax ID,Federal EIN/TIN or SSN(SSN can be used if salon is a sole proprietorship) Check Type of Salon License Tor i 7 or aµ osn> lv ilorl( ease;'the sblirtin rftust o r hair Mire services,as shown©n the" 1 otir piior►69 sharitpo bowls and hair cutting stations. If both nail services and waxing(hair removal)services are offered,but not hair care,the salon will need two licenses. The two licenses required are a manicurist salon license and an esthetician salon license. S u b t n r t.t w o a p p l i c a t i o n s t o g e t h e r at t h e same t i m e i n c l u d i n g all fees above Cosmetology Salon (Care of hair, nails, and skin) LiManicurist Salon (Care of nails, does not include the removal of hair by waxing) Esthetician Salon (Care of skin, including waxing) For Office Use Only: Staff Initials: Check/MO/Receipt Number: Amount Paid: Application Number: License Number: Date Processed: A , Check one of the following and answer any additional questions: 2) New.Never Been Licensed Salon ®Change of Ownership(Currently Licensed Salon) Previous Salon License Number Previous Salon Name Previous Salon Address Previous Salon Owner Late Renewal Application Current Salon License Number Expiration Date of Salon License Salon Relocation Previous Salon License Number Previous Salon Name Previous Salon Address Business Structure Change Previous Salon License Number Check Type of Business Structure Business Trust ®' Limited Liability Company OCorporation [ Limited Liability Partnership General Partnership Limited Partnership OSole Proprietor [] Other Business Structure: [_)Sole Member LLC Page 2 of 12 i Salon Application Checklist(Find ownership type,any items with a checkmark are required for that type.) Document Name Paee(s) Sole General LLC/LLP Corporation Other Proprietor Partnership Completed Application(Signed& 1-12 f f ✓ 1 f Notarized) Application Fee 1 1 1 ✓ 1 ✓ MN Tax ID,Federal Tax ID(TIN or EIN)or 1 f f 1 f f Social Security Number Certificate of Assumed Name(Copy) Attachment f f ✓ f ✓ *A Certificate of Assumed Name must be filed if the name of the business is different than the full name of the owner(s)of the business. This requirement applies to all forms of business organizations. Articles of Incorporation/Organization Attachment ✓ f J i I (Copy) Current Manger(Name,License Number 4,12 f 1 ✓ f ✓ &Signature) Zoning Official Signature 4-5 1 1 ✓ f Certificate of Occupancy(Signed)and Attachment f f ✓ f ✓ Building Permits if applicable(Copy) Professional Liability Insurance Certificate 6, f f ✓ f ✓ Attachment Workers Compensation For Employees 6-7, f f ✓ f I Attachment Disclosure of Owners Form 7 d f f 1 Floor Plan(Use Correct Codes) 8-9 f f V Owner&Manager Acknowledgements 11-12 f 1 ✓ 1 1 ---- Copy of Completed Application(for you) ---- ✓ f Resources Department Name Contact Information Secretary of State 651-296-2803 or 1-877-551-6767 • Assumed Name www.sos.state.mn.us • Articles of Incorporation/Organization Department of Revenue 651-296-6181 or 1-800-657-3777 • MN Tax ID Number (salesuse.tax( state.mn.us/www.taxes.state.mn.us) Department of Labor and Industry 651-284-5005 • Workers Compensation www.dli.mn.eov Zoning Official Contact city or county offices in which your salon will be located to get more information. Department of Treasury 800-829-0115 Positively Minnesota (Small Business Owner http://www.positivelvminnesota.com Assistance) Page 3 of 12 Additional Application Information Salon Name(Complete Again) Salon Legal Name(Complete Again) OhrbrnciL -O kb(- OihroC)a.l-O I, Sat o r) Owner First and Last Name or Corporation Name Sar , '3,e l Salon Address 1S93 5 S S,4 0 City State Zip Code ®aL 1avt_ 0-e ■q , m� Es6K-� Salon Phone Number U County of Salon Location US1-9SS- l0oq5 liOct h ;n i-0 v1 Email Address and Web Address Chr )W1 Cd b i.Sct.,Or\0 @ ma 1 \ coo rK1 Salon Manager Last Name Salon Manager First Name IS ex1 SC ra—k) Salon Manager MN License Number Salon Manager License Type of Manager License Expiration Date X 2 Cosmetologist gist H2 ) 00 \ J / 3 b a D ' q O Manicurist O Esthetician Please check the following days the salon is open: Monday " Tuesday jarWednesday 54'Thursday Q Friday 0 Saturday 0 Sunday Is this salon open by appointment only? Is this salon in a Residence? 'Yes 0 No If Yes,list one day per month salon is open: !" Yes 0 No Total Number of Practitioners Working in Salon Total Square'Feet�.Ac'_T, `'_, , �! '`ac y. Sq fL3 M f w acr'' Mi.., T.a £. ..,'e 7-�'4 717S- 7 �fiu .+. 5 G i 5�1 F..S.�....°..i.MY � �t.>* 4G-q..�?,-�Z;t F�R� i��� :..r'te 7,1 �n l 1 ' k r. i` C„, '°,A ,zii �i k r Mt::Nix” ads V, ,1 V.!- t w #; iv % ;/::„,'}- 5. t x r. `"l;'.t -i. s t« t f B s , #s.?! ,,t, y i . < <; - ; 1 4 5 a :.: i � '.. 1, 1a px Y - ,,,,l,',1:1',:::",,,;;.. ,,,,71.,::,;-:-:',,,:,...;:: .. r o r' t „ s The building in which this salon is located is new construction. 1. Applicant must attach a copy of the signed,dated Certificate of Occupancy issued by the City or County in which the building is located. 2. Applicant must attach statement from Zoning Official that salon is in compliance with zoning ordinances,or obtain signature below: Salon address inspected and meets zoning compliance Signature of Zoning Official Title Date Print Name of Zoning Official City or County Name Telephone Number t t 5: f - `5 S ry 4 a } Y t.� i r � k a� a r i �. The building in which this salon is located is an existing building. The Applicant has made improvements or changes to the salon which requires building permits and zoning approval. 1. Applicant must attach a copy of the Building Permits issued by the City or County in which the building is located. 2. Applicant must attach statement from Zoning Official that salon is in compliance with zoning ordinances,or obtain signature below: Salon address inspected and meets zoning P g compliance Signature of Zoning Title Date Print Name of Zoning Official City or County Name Telephone Number .ction C The building in which this salon is located is an existing building. No Building Permits or Zoning Approval was required by the City or County in which this salon is located. Obtain signature below: Salon address inspected and meets zoning compliance Signature of Zoning Official Title Date Print Name of Zoning Official City or County Name Telephone Number Page 5 of 12 Insurance Information Failure to complete this section results in a delay of licensure. The most common reason the BCE returns applications is because the certificate of insurance is not submitted or is incorrect. Professional Liability Insurance(Required for All Salons)—General Liability will not be accepted -Professional Liability Insurance covers "workmanship"of licensee where General Liability does not.- Read Carefully: 1. Attach a Certificate of Insurance to the Application that indicates: • Certificate Must Show: o $25,000 coverage/each claim o $50,000 coverage/each policy per operator o Must state "Professional Liability Insurance" • Certificate Holder Must Be: o Minnesota Board of Cosmetologist Examiners, 2829 University Ave SE,Suite 710, Minneapolis, MN 55414. • Name of insured must be the owner and DBA of the salon and assigned to the salon's address. Completing the Name and Policy Number is not sufficient; the BCE must also have a copy of the certificate(s) as described above. Name of Insurance Company Policy Number(Professional Liability) Workers Compensation Insurance Answer the following 2 questions to determine if Workers Compensation is required. 1. Will this salon employ individuals? T ]Yes(complete WC Insurance) No 2. Will this salon have only independent contractors with MN Manager Licenses? Yes No (complete WC Insurance) (Workers Compensation Continued on Next Page) Page 6 of 12 Workers Compensation Insurance(Required for All Salons Employing Individuals) Required documentation to be submitted to the BCE • Certificate Must Show: o Workers Compensation Coverage • Certificate Holder Must Be: o Minnesota Board of Cosmetologist Examiners, 2829 University Ave SE,Suite 710, Minneapolis, MN 55414. Contact the Minnesota Department of Labor and Industry Regarding workers compensation questions at 651- 284-5005. Completing the Name and Policy Number is not sufficient; the BCE must also have a copy of the certificate(s) as described above. Name of Workers Comp Insurance Company Policy Number(Workers Comp) Disclosure of Company Owners,Partners. Officers An applicant for a Salon License must include the following information: • Individual Proprietor: Provide the name and address of the Owner • Partnership: Provide the name and address of all General Partners and Limited Partners • Corporation or LLC: Provide the name and address of all elected Officers,Directors,Governors,Members, Shareholders owning 10%or more of company stock,and any Managers/Employees with authority to exercise control in policy or management of the company if any owner or partner is also a business entity,you must complete this form to disclose the owners/partners/officers/shareholders of that business entity as well Last Name First Name Middle Initial Residential Address Primary Telephone Number 16°1 o SS ` s-}- t12S\—9 sS-l©o9S Ci tbc r• (� ,-,�/ State j Zip Code S c Title(Sucti as Owner,General Partner,Limited Pa er,Director) Last Name First Name Middle Initial Residential Address Primary Telephone Number City State Zip Code Title(Such as Owner,General Partner,Limited Partner,Director) This form may be photocopied if additional forms are needed Page 7 of 12 Codes To Be Used and Listed on Floor Plan (on the next page) X Chair(Any Style) )4. Cabinet(Supplies) r Sink I. Table(All Styles) iShampoo Bowl J. Hot Water Heater D. Pedicure Spa ye Dispensary Area C Work Stations Counter/Cabinets ,L! Restrooms I. Covered Container(Soiled Towels) M. Entrance/Exit Cabinet(Clean Linens) Vf!30000® oa 0 O 0 H E E E E 0 1 p ) H " 0 0 0 0 0 D M Waiting Area Manicure/Pedicure Roam 0 M FG-1717171 viz) 0 volGIGIGIGio 0 ...... M THIS IS AN 0 E D Restrooms EXAMPLE C 0 E Tr Ti Hair Station Area 0 E O Zol vvv • � H 0 E H 111 0 0 —.. HShampoo Area 0 E H i 0 0 0 - __ — 0 iir Dispensary Esthetician Room H IIIri G G G G F Page 8 of 12 o�M p� '� Salon Floor Plann, 0 ma / �/ �n y� +(��5 a NAME OF SALON ( r 0 ma W .l( Sat d 1 1 \kv� ` Total Floor Space (from salon floor plan below) �(33.7a square feet Calculate any Reception,RestroomandSupplyareas� which are part of the salon floor space: ; Reception Area=113.1 square feet Total Deductions (from calculation at Right) — square feet Restroom Area=�'� / square feet Supply Area = square feet Total Work Space(TotalfaoorSpace minus Total Deductions) = square feet Total Deductions= square feet Prepare a diagram of the salon floor plan following the example on page 8: • Each room used for regulated services must have a sink(or shampoo bowl). • The dispensary must also have a sink. • Each room must be labeled as what it is used for. • All codes from page 8 are required to be used(excluding possibly the pedicure spa and/or shampoo bowl). • You may instead submit blue prints/formal drawings with appropriate codes and labels(must still complete above deductions). Each square below represents 5 feet by 5 feet. If your salon is larger than 50 feet by 50 feet,attach additional pages to show complete floor plan. 'FirliX1•1/4' 900C .sZ7 r� III Illiaa rt. I D� 21�.job rd -"17-sof,.. 4 e klotuatii ysi-a. R&-er 5ho a PN IS lace t,R� rrcva• CM O`c e(M J btlou) bah r — I. ril / A FS o oY)7 ( S *Vi c./ �-GC-1. I o n R '� GI nn tS Ia. a u-v- i.o(a-Q Page 9of12 ILA t u - --e )- 10 lel cil �d ` iyrc -es d-e-e.p a� g'f�cf 1- �de 6,,,_9 W� 5. Le • Salon Licensee Responsibility Owning A Salon o Salons are limited to offer cosmetology-related services to the type of license held. If a salon is found to offer services that fall under the BCE Regulation and are not licensed to offer those services,the Salon can be assessed civil penalties up to$2,000 per violation found. o A salon must have a current designated manager with a current salon manager license. o The salon must ensure all practitioners working in the salon are currently licensed. If a salon is found to have unlicensed or expired practitioners,civil penalties of up to$2,000 per violation may be assessed,to the salon manager and owner or loss of licensure may result. o The current salon license,salon manager license,and all licenses of employees and independent contractors must be posted conspicuously at the salon. o The salon must post a notice regarding availability of inspection records. Renewals -Renew Online! o Your salon license will expire on the anniversary of your three-year license period. If you fail to renew on or before that date,you will be considered expired and not eligible to offer services. Additional renewal fees will apply if you fail to renew on time. The Board makes every effort to mail renewal notices to each licensee,but it is your obligation to renew your license on time whether you receive a notice or not. o Failure to renew the salon license within 30 days of expiration date would require the submittal of a new salon application. Manager Change • If you change your manager, you must notify the Board immediately. Name Change • Complete the Name Change Form within 60 days of the change. Owner/Business Structure Change • Complete an Initial Salon Application within 60 days of the change. Address Change • If your salon moves locations,you must complete and submit an entirely new Salon Application and complete all the requirements for a new salon. Online License Verification • To verify the license status of persons performing services at your salon,use the Online License Verification at www.bceboard.state.mn.us. Cosmetology Laws and Rules • Copies of Cosmetology Laws and Rules are available from the Minnesota Bookstore at 651-297-3000 or www.leg.state.mn.us. Page 10 of 12 Owner and Salon Manager Acknowledgements and Certification of Applicant, Owner Acknowledgements Section A. We acknowledge that it is our responsibility to have a copy of the laws and rules in our salon and employees will be made aware of where this is located. (Initials of at least 1 owner) B. We acknowledge that it is our responsibility to have a fire extinguisher available in our salon and employees will be made aware of where this is located. (Initials of at least 1 owner) C. We acknowledge that it is our responsibility to have a first aid kit in our salon and employees will be made aware of where this is located. (Initials of at least 1 owner) D. We acknowledge that a Dispensary Area must be inaccessible to the public and has a sink. This means either a locked cabinet or a door leading into a dispensary room that must be closed at all times. /5113' (Initials of at least 1 owner) E. We acknowledge that a city code official has signed off on the Building and Zoning Compliance section on page 5. (Initials of at least 1 owner) F. We acknowledge that a Certificate of Professional Liability Insurance is attached to this application and meets the requirements on page 6 and the BCE is the certificate holder. /43), of at least 1 owner) G. We acknowledge that if Workers Compensation Insurance is required,it is attached to this application and meets the requirements on pages 6-7 and the BCE is the certificate holder. (1V) (Initials of at least 1 owner) H. We acknowledge that there is a waste receptacle at each station. (Initials of at least 1 owner) I. We have reviewed salon requirements in MN Statute 155A and MN Rule 2105.0350 through 2105.0390 and meet all the requirements. (Initials of at least 1 owner) Page 11 of 12 Salon Manager Acknowledgements I, the licensed salon manager for the salon listed in this application, certify that I will be the licensed salon manager and 1 am the responsible party of this salon. These responsibilities include,but are not limited to: A. Ensuring the salon license is current. B. Ensuring all employees/independent contractors that are providing licensed services are in fact currently licensed, including myself. A minimum fine of$150.00 per practitioner can be assessed to you,the manager,if individuals in the salon you are managing are found working on an expired license. C. Ensuring all equipment is in proper working condition,and that all sanitation and safety requirements are met. D. Ensuring the salon complies with all sanitation requirements and requirements of Minnesota Rules 2105.0350 through 2105.0390. E. On the days I am not working or on a break,I may appoint,but am not required to appoint another licensed salon manager as responsible while I am absent. They assume the responsibilities listed here. F. If I leave this salon or quit managing, I will notify the Board of this,so I am no longer listed as responsible for this salon's compliance with Minnesota laws and rules. \\ 1DOt12, ( ! 30 / Dol Salon Manager License Number Salon anager Expiration Date Sa c&n P"-e11 Salon Manager Printed Name Salon Manger Signature Date Owner(s)Application Certification I certify that the information submitted within this application is true and correct. l also certify that this document has not been altered or changed in any manner from the form adopted by the Board of Cosmetologist Examiners. c 5,-) 1 t , 17' i' Signature of Owner#1 Date Subscribed and sworn to before me: This day of ,20 My Commission Expires: Signature of Notary Notary Seal Signature of Owner#2 Date Subscribed and sworn to before me: This day of , 20 My Commission Expires: Signature of Notary Notary Seal (If there are more than 2 owners, attach additional pages) Page 12 of 12 Certificate of Insurance MATS IAN This certifies that x State Farm Fire and Casualty Company,Bloomington.Illinois tal State Farm General Insurance Company,Bloomington,Illinois State Farm Fire and Casualty Company,Aurora,Ontario IM$Ut*NCL State Farm Florida Insurance Company,Winter Haven.Florida State Farm Lloyds,Dallas,Texas insures the following policyholder for the coverages indicated below: Policyholder Sarah Bell Address of policyholder 1900 County Rd D E, Maplewood MN 55109 Location of operations Description of operations Sarah Bell The policies listed below have been issued to the policyholder for the policy periods shown.The insurance described in these policies is subject to all the terms,exclusions,and conditions of those policies.The limits of liability shown may have been reduced by any paid claims. Policy Period Limits of Liability Policy Number Type of Insurance Effective Date Expiration Date (at beginning of policy period) Comprehensive BODILY INJURY AND 93-BR-Q197-5 F Business Liability 07-06-2013 07-06-2014 PROPERTY DAMAGE This insurance includes: Products-Completed Operations Contractual Liability Each Occurrence $ 1,000,000.00 _ Personal Injury _ Advertising Injury General Aggregate $ 2,000,000.00 Product-Completed $ 2,000,000.00 Operations Aggregate Policy Period BODILY INJURY AND PROPERTY DAMAGE Policy Number EXCESS LIABIUTY Effective Date Expiration Date (Combined Single Limit) ❑Umbrella Each Occurrence $ ❑Other Aggregate $ Policy Period Effective Date Expiration Date Part I- Workers Compensation-Statutory Workers'Compensation Part II-Employers Liability and Employers Liability Each Accident $ Disease-Each Employee $ Disease-Policy Limit $ Policy Period Limits of Liability Policy Number Type of Insurance Effective Date Expiration Date (at beginning of policy period) • THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certification Holder If any of the described policies are canceled before Minnesota Board of Cosmetologist Examiners their expiration date,State Farm')will try to mail a 2829 University Ave,Ste 710 written notice to the certificate holder days Minneapolis,MN 55414 before cancellation. If we fail to mail such notice,no obligation or liability will be imposed :/ State Farm or its agents or -ntatives. fir, S.,nature o ••_ �'=err ntative 07/02113 Title { Date Amy Bro n Agent Name Telephone Number (651)735-4193 Agents Code Stamp Agent Code 23-7363 AFO Code 1001260 106399-10 06-25-2009 _ . '(tiIBIT 4 / i (,. -fi d{1ti ,i ...I.. , N IL= a • t III F F# i i l ' I / T ,s"£ * . i . (IP-I • Afolii 'r--- 61.... ink .. II tg,..'d,,Il j. . ''Iiii ''' ''ami."" ' , j 1 I 1 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY SARAH BELL FOR A CONDITIONAL USE PERMIT TO CONDUCT A SPECIAL HOME OCCUPATION AT 13930 55TH STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Sarah Bell for a Conditional Use Permit for a Special Home Occupation to allow an in-home hair salon at 13930 55th Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-1 Single Family Residential District in which single family uses and Special Home Occupations with a Conditional Use Permit approved by the City Council are allowed; and 4. Section 401.15.M. Home Occupations,provides criteria for approval of a Conditional Use Permit for a Special Home Occupation; and 5. The Applicant's request for an in home hair salon is consistent with the criteria in Section 401.15.M; and 6. City staff prepared a planning report dated December 4, 2013 reviewing the request; and 7. Said report recommended approval of the Conditional Use Permit in that the request is in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.M, and Section 401.03.A.8 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at a December 10, 2013 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Sarah Bell for a Conditional Use Permit for a Special Home Occupation to allow an in-home hair salon at 13930 55th Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. Any changes to the structure to accommodate the home occupation shall be compliant with all Building and Fire Code requirements subject to review and approval of the Building Official. 2. Only residents of 13930 55th Street North shall be allowed to work at the in-home hair salon. 3. The Applicant shall receive and maintain all required state licensing for the business. 4. The Applicant shall provide a sign plan, in compliance with Section 401.15.G of the Zoning Ordinance and subject to approval of a sign permit. 5. There shall be no exterior storage of materials as it relates to the business. 6. The home occupation business shall be conducted between the hours of 10:00 PM and 7:00 AM. 7. The Planning Commission and City Council should comment on the request to sell products related to the home occupation business. 8. The Applicant shall identify the amount of area the salon will occupy in the residence 2 Recommended by the Planning Commission of the City of Oak Park Heights this 10th day of December, 2013. Jennifer Bye, Chair ATTEST: Eric A. Johnson, City Administrator 3 ATTACHMENT A „ g Conditional Use Permit (CUP) Allowing an In-Home Beauty Salon At 13930 55th St. N. Legally described as: Lot 9, Block 3, River Hills Addition Washington County Parcel I.D.: 05.029.20.14.0096 ATTACHMENT B k t R P� R +t. Conditional Use Permit (CUP) Allowing an In-Home Beauty Salon At 13930 55th St. N. Application Materials • Application Form • Fee • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed Public Hearing: December 10,2013 @ City Council, and December 12, 2013 @ Planning Commission Required Approvals: C.U.P. City Council 4/5 Conditional Use Permit -Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY SARAH BELL FOR A CONDITIONAL USE PERMIT TO CONDUCT A SPECIAL HOME OCCUPATION AT 13930 55TH STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Sarah Bell for a Conditional Use Permit for a Special Home Occupation to allow an in-home hair salon at 13930 55th Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-1 Single Family Residential District in which single family uses and Special Home Occupations with a Conditional Use Permit approved by the City Council are allowed; and 4. Section 401.15.M. Home Occupations,provides criteria for approval of a Conditional Use Permit for a Special Home Occupation; and 5. The Applicant's request for an in home hair salon is consistent with the criteria in Section 401.15.M; and 6. City staff prepared a planning report dated December 4,2013 reviewing the request; and 7. Said report recommended approval of the Conditional Use Permit in that the request is in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.M, and Section 401.03.A.8 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at a December 10, 2013 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application be approved with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Sarah Bell for a Conditional Use Permit for a Special Home Occupation to allow an in-home hair salon at 13930 55th Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. Any changes to the structure to accommodate the home occupation shall be compliant with all Building and Fire Code requirements subject to review and approval of the Building Official. 2. Only residents of 13930 55th Street North shall be allowed to work at the in-home hair salon. 3. The Applicant shall receive and maintain all required state licensing for the business. 4. The Applicant shall provide a sign plan, in compliance with Section 401.15.G of the Zoning Ordinance and subject to approval of a sign permit. 5. There shall be no exterior storage of materials as it relates to the business. 6. The home occupation business shall be conducted between the hours of 10:00 PM and 7:00 AM. 7. The Planning Commission and City Council should comment on the request to sell products related to the home occupation business. 8. The Applicant shall identify the amount of area the salon will occupy in the residence 2 Approved by the City Council of the City of Oak Park Heights this 10th day of December, 2013. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 II ATTACHMENT A Conditional Use Permit (CUP) Allowing an In-Home Beauty Salon At 13930 55th St. N. Legally described as: Lot 9, Block 3, River Hills Addition Washington County Parcel I.D.: 05.029.20.14.0096 ATTACHMENT B Conditional Use Permit(CUP) Allowing an In-Home Beauty Salon At 13930 55th St. N. Application Materials • Application Form • Fee • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed Public Hearing: December 10,2013 @ City Council, and December 12,2013 @ Planning Commission Required Approvals: C.U.P. City Council 4/5 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) ENCLOSURE TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@ Plan n i ngCo.corn MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: December 4, 2013 RE: Oak Park Heights — Electronic Message Boards— Planning Commission TPC FILE: 236.01 — 13.06 Background The Planning Commission, its November 14, 2013, meeting discussed electronic message boards and the draft language that had been prepared by City Staff. The Planning Commission had opened the public hearing at the September 12, 2013 meeting and continued the review and hearing to the December meeting. At the November meeting, the Planning Commission recommended the language as found attached, except for a limit on the frequency of how often the message of an electronic message board sign could change. The Planning Commission asked staff to research other cities requirements and report back at the December meeting. The thought of the Planning Commission was to limit the discussion to just the timing issue in that there was agreement on the other draft sections. Please find attached the December 3, 2013 draft of the sign ordinance with the minor changes suggested by the Planning Commission. The language in bold is new and the language to be eliminated is stricken. Results of Ordinance Review As follows, please find the results of the ordinance review of other cities related to the frequency of how often the message of an electronic message board could change. The focus was on those cities in the east metro area, with others that had previously been discussed or used as examples. Stillwater: Time and temperature signs and barber poles allowed. No length of time specified. Lake Elmo: 10 seconds Bayport: Time, date, temperature, weather or public service info allowed. No length of time specified. Mahtomedi: 8 seconds Maplewood: 2 minutes Oakdale: 60 seconds White Bear Lake: 20 minutes / Gas Stations - 30 minutes North St. Paul: Public service, civic, date, time, temperature, and weather allowed. No length of time specified. Little Canada: 10 minutes Woodbury: Once per day Lakeville: 1 minute Minnetonka: 20 minutes /Three seconds for hour and minute, date, or temperature. Conclusion/Recommendations The Planning Commission should review the examples of timing from other communities. Staffs recommendation is that the Planning Commission should set timing for reader board messages and a separate for the hour and minute, date and temperature messages, similar to the Minnetonka requirements. The Planning Commission should make a final recommendation on the Ordinance changes for review by the City Council at its December 26, 2013 meeting. 2 December 3, 2013 Draft 12' 17 401.15.G. Signs. 401.15.G.1. FINDINGS, PURPOSE AND EFFECT: a. Findings: The City finds: 1) Exterior signs have a substantial impact on the character and quality of the environment. 2) Signs provide an important medium through which individuals may convey a variety of messages. 3) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. 4) The City Code has included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of physical characteristics of signs within the City has had a positive impact on traffic safety and the overall appearance of the community. b. Purpose and intent: It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this ordinance is to: 1) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. 2) Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. 3) Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. 1 4) Provide for fair and consistent enforcement of the sign regulations set for herein under the zoning authority of the City. c. Effect: A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this Ordinance. The effect of this Ordinance, as more specifically set forth herein, is to: 1) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this sign ordinance. 2) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this sign ordinance. 3) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. 4) Provide for the administration and enforcement of the provisions of this sign ordinance. 401.15.G.2. SUBSTITUTION CLAUSE: The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non- commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. 401.15.G.3 CONFLICT WITH ZONING ORDINANCE. If there is a conflict that occurs between this Section and other provisions of this Ordinance, as amended, the conditions as set forth in this Section, as amended, shall prevail. 401.15.G.4. DEFINITIONS. Sign Related: 1. Air Inflatable Devices: A balloon that exceeds two (2) feet in diameter. 2. Alteration: Any change to a sign excluding routine maintenance, repair, painting or change of copy of any existing sign. 2 3. Animated Sign: Any sign that uses movement or change of lighting to depict action or create a specific effect or scene, including devices with or without a commercial message, such as spinners and windsocks, but not including barber poles and time and temperature signs. 4. Artificial Light: Illumination resulting from internal or external artificial light sources, including glare and reflected light byproducts of artificial light sources. 5. Awning: A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded, or collapsed against the face of a support building. 6. Balloon: A flexible, inflated bag in various shapes and colors. 7. Banner: Attention getting devices which resemble flags and are of a paper, cloth or plastic-like consistency. 8. Bannerette: Flexible material that resembles a flag, and has minimum dimensions of two (2) feet by two (2) feet and no larger than three (3) feet by five (5) feet. A smaller sized bannerette is defined as a pennant. 9. Beacon: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source; also, any light with one (1) or more beams that rotate or move. 10. Bench Signs: A sign which is affixed to a bench such as at a bus stop. 11. Building Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. 12. Cabinet Sign: A sign that has framing around the entire sign message with a removable face. 13. Canopy Sign: The area of copy, graphic, or identification which is affixed to a projection or extension of a building or structure, including a marquee, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building, or place of assembly. 14. Changeable Copy Sign, Electronic and Manual: A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable 3 copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Manual signs include those with characters, letters, or illustrations that can be changed or rearranged manually without altering the face or the surface of the sign. - -_ ee A Ginn erg which the Ordinance. 16. Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment. 17. Copy: The wording on a sign surface either permanent or removable letter form. 18. Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. 19. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. 20. Flag: A piece of cloth or bunting varying in color and design, used as a symbol, standard, emblem, or insignia. 4 21. Flashing Sign: An illuminated sign upon which the artificial light is not kept constant in terms of intensity or color when the sign is illuminated. 22. Freestanding Sign: A self-supported sign not affixed to another structure. 23. Ground/Low Profile Sign: A sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is not elevated from the ground by means of a pole or free-standing support structure, but is placed directly on the ground or on an interior planter base which is incorporated into such a design arrangement. 24. Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. 25. Integral Sign: A sign carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure. 26. Marquee: See canopy. 27. Maximum Height of Sign: The vertical distance from the base of the sign, or the grade of the road centerline, whichever is higher, to the top of the sign. 29. Monument Sign: A freestanding sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is attached to the ground by means of a freestanding support structure, is solid from grade to the top of the structure, has materials that are constructed of the same primary building materials of the principal structure, is placed directly on the ground or on an interior planter base which is incorporated into a design arrangement. A monument sign shall be considered as one sign though it may have two (2)faces. 30. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives illusion of motion. 31. Multi-Faced Sign: Any sign with a sign face oriented to more than two (2) directions. 32. Multivision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. 5 33. Neon Sign: Any sign that utilizes a brightly colored gas discharge lamp without filaments that is bent into letters or designs. 34. Non-Commercial Speech: Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. 35. Official Sign: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty. 36. Off-Premises Sign: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off- premises sign. 37. On-Premises Messages: Identify or advertise an establishment, person, activity, goods, products or services located on the premises where the sign was installed. 38. Opaque: A degree of obscuration of light. 39. Parapet: A low protective wall which is located along the edge of a roof on a building. 40. Pennants: Flexible material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually triangular shaped and in a series, designated to move in the wind. 41. Portable Sign: Any sign which is manifestly designed to be transported, including by trailer on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. 42. Principal Building: A building or buildings in which is conducted the principal use of the lot, not including storage buildings, garages, and buildings for other clearly accessory uses. 43. Principal Frontage: The wall of the principal building on a lot which fronts toward the principal public streets. 6 44. Projecting Sign: A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. 45. Public Entrance: Any passage or opening which affords entry and access to the general public or customer. 46. Public Entrance, Common: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants. 47. Pylon Sign: A freestanding sign erected on one (1) or more freestanding shafts, posts, or piers which are solidly affixed to the ground and not attached to a building. A pylon sign shall be considered as one (1) sign though it may have two (2) faces. 48. Ribbons or Streamers: Long or varied lengths of flexible material used to decorate. 49. Roof Line: The top of the cornice or, when the building has a pitched roof, the intersection of the outside wall with the roof. 50. Roof Sign: Any sign which is erected, constructed or attached wholly or in part upon any roof or over the highest roof line of a building. 51. Rotating Sign: A sign which revolves or rotates on its axis by mechanical means. 52. Service Entrance: Secondary passage or opening to a structure which is intended for delivery and removal of merchandise or goods, and which is not intended as a public entrance. 53. Sign: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in nature of advertisement, announcement, message or visual communication, whether painted, posted printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. 54. Sign Area: The surface of the sign upon, against or through which the message of the sign is exhibited. 55. Sign Setback: The distance from the property line and curb to the nearest part of the sign, measured perpendicularly to the property line or curb. 56. Sign Structure: The supports, uprights, bracing and framework for a sign. 57. Special Events: A temporary indoor or outdoor promotional or sales event. 7 58. Street Frontage: The side of a lot abutting one (1) or more streets. An interior lot has one (1) street frontage and a corner lot has two (2) or more frontages. 59. Temporary Indoor Promotional or Sales Event: A temporary promotional or sales event directed towards the general public including only grand openings, storewide sales, craft shows, registration for day care, an educational, recreational, civic or religious activity, and community celebrations. 60. Temporary Outdoor Promotional or Sales Event: A temporary promotional or special event sale directed towards the general public, including only grand opening sales, storewide sales of materials and products that are typically sold or serviced on the premises, registration for day care, an educational, recreational, civic or religious activity, community celebrations, warehouse sales, tent sales, sidewalk sales, craft shows, flea markets, inventory reduction and liquidation sales, and mechanical or animal rides. 61. Total Allowable Sign Area: The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated so as to create a surface area in excess of this requirement. 62. Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. 63. UL Approved: A device which has been approved by the "Underwriters' Laboratories". 64. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. 65. Wall Sign: A sign affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, nor extend beyond the top of the parapet wall. Banners do not qualify as a wall sign. 66. Wall Graphics: A sign painted directly on an exterior wall. 8 67. Window Sign: A temporary sign affixed to the outside or inside of a window or inside the building within three (3) feet of a window in view of the general public. 401.15.G.5. GENERAL PROVISIONS. a. Traffic Signs. No sign permitted by this Ordinance shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular 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 needed to direct traffic on the premises. b. Signs on Fences, Poles, and Natural Features. No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences, or trees, nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof, with the exception of signs necessary for security, or to preserve public safety, as determined by the City Council. c. Wall/Roof Attachments. No sign shall be attached to hang from any building until all necessary wall and/or roof attachments have been approved by the Building Official. d. Right-of-Way, Public Lands and Easements. No signs other than governmental signs shall be erected or temporarily placed within any street rights-of-way or upon any public lands or easements or rights-of- way. e. Ingress/Egress. No sign or sign structure shall be erected or maintained if it prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a stand pipe or fire escape. f. Property Number. A minimum of one (1) sign, as assigned by the City, shall be required on each principal building in all districts. Such sign shall be of sufficient size to be legible from the nearest street yet shall not exceed nine (9) square feet in area. The numbers shall be metal, glass, plastic or durable material and the numbers shall not be less than three and one-half (3.5) inches in height, in a contrasting color to the base or made of some reflective material and so placed to be easily seen from the street. g. Sign Message. Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced, as determined by the City Building Official shall be removed, repainted, repaired, or replaced by the permit holder, owner or agent of the property upon which the sign stands. h. Electrical Building Code. All signs shall be constructed in accordance with the Minnesota State Building Code and the National Electrical Code. 9 The maximum brightness of the signs in combination with the building and site lighting shall not exceed the standards found in Section 401.15.B.7 of this Ordinance. All electrical service wiring shall be buried. Hours of Operation. Signs in the R-B, B-1, B-2, B-3, B-4, B-W, and I Districts may only be illuminated during business hours, or until eleven o'clock (11:00) PM, whichever is later. j. External Lighting. Signs with external lighting shall have no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. k. Internal Lighting. Signs with internal lighting shall include illumination of only the text and/or logo portion of the message. Back lighting of signage on fabric awnings is prohibited. Neon. Neon signs shall be limited to channel letter signs, logos, and permanent window signage in the R-B, B-1, B-2, B-3, B-4, B-W and I Districts. m. Setbacks. No part of a sign or sign structure shall be placed closer to the property line than five (5)feet. n. Flags. No more than three (3) flags may be displayed outside of a building. This number may, however, be increased provided an interim use permit is issued in compliance with Section 401.05 of this Ordinance and the following standards are met: 1) Where multiple flagpoles are used, there shall be a maximum spacing of twenty (20) feet allowed between the poles. 2) Where appropriate, the U.S. Flag Code, Minnesota Statutes or Executive Order shall apply to Federal and/or State flag displays. o. Angle Signs. The maximum angle permitted between faces of a double face freestanding sign is sixty (60) degrees, anything less is one (1) sign, anything more is two (2) signs. p. Property Lines. No sign shall be positioned so that it impacts or is exposed to residential uses or districts along adjoining side and rear yard property lines. 401.15.G.6. PERMITTED SIGNS IN ANY ZONING DISTRICT. The following signs are allowed without a permit unless otherwise specified. These signs, if placed in accordance with the following standards, will not apply toward the maximum allowable sign area, but shall comply with all other applicable provisions of this Ordinance. 10 a. Campaign Non-Commercial Speech Signs. Notwithstanding any other provisions of the sign ordinance, all signs of any size containing non- commercial speech may be posted from August in any general election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election, in accordance with Minnesota State Statutes Section 211B.045, as amended. b. Signage on bus benches, as regulated in the Oak Park Heights Code of Ordinances. For the purposes of this Ordinance, such signage shall not be considered to be off-premises advertising signage. c. Permanent Window Signage. Shall not exceed twenty-five (25) percent of the total area of the window in which they are displayed. Lettering used in permanent window signage exceeding three and one-half (3.5) inches in height shall be included in the calculations of allowable sign area permitted on that side of the building. Use of neon for permanent window sign shall be allowed within the requirements of this Section. d. Temporary Window Signs. Temporary window signs shall be permitted within the R-B, B-1, B-2, B-3, B-4, B-W and I Districts, provided that they do not exceed ten (10) percent of the front building facade. e. Additional Allowed Signs. 1) Two (2) signs not exceeding twelve (12) square feet shall be allowed per lot. 2) Upon approval of a final plat for a subdivision having not less than five (5) lots provided that: a) One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a major collector or arterial street, whichever is greater. b) The area of the sign shall not exceed thirty two (32) square feet. c) Freestanding signs shall be limited to a maximum height of eight (8)feet. d) The sign shall not be displayed for a period to exceed twenty four(24) months from the date a permit is issued for the sign or until building permits have been issued for eighty-five (85) percent of the lots or dwelling units within the subdivision, whichever is less restrictive. 11 3) A sign shall be allowed for a subdivision having not less than three (3) lots or principal buildings at its entrance from a major collector or arterial street provided that: a) Not more than one (1) sign shall be allowed at each entrance from a major collector or arterial street. b) The area of each sign shall not exceed fifty (50) square feet. c) Freestanding signs shall be limited to a maximum height of fifteen (15)feet. d) The sign(s) shall be located to accommodate said sign and related landscaping to meet all setback requirements. If the sign(s) are to be located on outlots, the outlots shall be designated on the preliminary plat and detailed plans for the area identification signs shall be submitted with the final plat. e) The area around the sign shall be landscaped in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review and approval of the Zoning Administrator. f) The design and construction of the sign shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. The signs are to be aesthetically pleasing when designed and constructed. The sign shall be compatible with nearby structures in the area. Detailed construction plans and a materials list shall be included with each sign permit application and shall be subject to the review and approval of the Zoning Administrator. 4) Additional signs shall be allowed upon approval of a final plat for a subdivision having not less than three (3) lots or approval of site and building plans for one (1) lot by the Zoning Administrator provided that: a) One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a major collector or arterial street, whichever is greater. b) The area of the sign shall not exceed sixty four(64) square feet. 12 c) Freestanding signs shall be limited to a maximum height of eight (8)feet. d) The sign shall not be displayed for a period to exceed twelve months (12) months from the date a permit is issued for the sign or until occupancy permits have been issued for eighty- five (85) percent of the tenant spaces within the development, whichever is less restrictive. 401.15.G.7. PROHIBITED SIGNS IN ANY ZONING DISTRICT. The following signs are prohibited in all zoning districts: a. Any sign which obstructs or impairs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. b. Any sign which contains or imitates an official traffic sign or signal. c. Off-premises signs. d. Business signs on or attached to equipment, such as semi-truck trailers, being used in such a manner that advertising is a principal use of the equipment. e. Animated signs. f. Projecting signs. g. Roof signs. h. Signs displayed on vehicles within open sales lots. i. Any sign or display which contains or consists of banners, bannerettes, pennants, ribbons, streamers, strings of light bulbs, balloons and hot or cold air inflatable devices, spinners or similar outdoor advertising devices, except as may be approved by a special event permit in accordance with the provisions as set forth in Section 401.15.G.8 of this Ordinance. j. Portable signs. k. Wall graphics. Beacons. m. Multi-faced signs. n. Signs supported by guy wires. o. Cabinet signs on buildings, except for logo signs. 13 p. Signs and/or posts which are tacked onto trees, fences, utility poles or other such permanent supports, except safety signs and signs found on fences of athletic facilities q. All signs over four hundred (400) square feet in area. r. Dynamic display signs. s. Electronic graphic display signs. t. Multivision signs. u. Video display signs. 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. 19 22 b. Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts (except for the areas within the Destination Retail Highway District as indicated in Section 401.15.G.8.c), shall be allowed five (5) special events per calendar year. The total number of special event days in a calendar year shall not exceed fifty (50) days for any applicant, business, or public and institutional use. Once the time period has expired for a special event the applicant shall wait the same number of days that the sign permit was issued to start a new special event. 22 C. Events in the Destination Retail Highway District. The business or applicant in the Destination Retail Highway District shall be allowed twelve (12) sales events per calendar year. The total number of special event days in a calendar year shall not exceed one hundred eighty (180) days for any applicant, business, or public and institutional use. Once the time period has expired for a special event, the applicant shall wait two (2) days before starting a new sales event. All other special event requirements, as found in Section 401.15.g.8 of this Ordinance, shall be adhered to within the Destination Retail Highway District. d. Permitted Signs and Displays. The signs and displays described below are permitted for special events in addition to the maximum allowable sign area, provided they are professionally done and the following standards are met and complied with: 1) Small Balloons. 14 a) The size of small balloons or a group of connected balloons shall not exceed two (2) feet as the largest dimension, except that balloon arches not exceeding eight (8) feet in height shall be allowed. b) Small balloons may be multi colored and incorporate logos and messages. c) Helium balloons shall be refilled daily. 2) Tents. a) Tents, including all ties, ropes, stakes, etc., shall be located entirely upon the permittee's property and shall comply with the City's setback requirements for accessory buildings. 3) Bannerettes. a) Bannerettes may be used on light standards or flag poles. b) No more than one (1) bannerette shall be allowed per standard or pole. c) Bannerettes shall be smaller than any United States flag on the property, and shall not be flown at a height greater than any United States flag allowed on the property. 4) Banners. a) Banners may be attached to poles, tents, and buildings, provided that are well secured and are prevented from being blown around uncontrollably by the wind. 22 b) No more than two (2) banners shall be allowed, except for the areas within the Destination Retail Highway District in which no more than five (5) banners shall be allowed at any one time. 22 c) Individual banners shall not be larger than twenty-eight (28) square feet and the total of all the banners on the site shall not exceed one hundred forty (140) square feet. The applicant may choose to do fewer banners that may exceed twenty-eight (28) square feet as long as the total size of the banners does not exceed one hundred forty (140) square feet.. 5) Search lights. 15 a) Search lights as regulated in Section 401.15.B.7.g.1) of this Ordinance. e. Prohibited Signs and Displays for Special Events. The signs or displays described below are prohibited for special events: 1) Animated signs, dynamic display signs, electronic graphic display signs, multivision signs, video display signs, light bulb strings, pennants, portable signs, ribbons, and streamers. 2) Displays or special features on any landscaped areas or on roofs. 3) Aerial rides. 4) Large balloons or collections of small balloons exceeding two (2) feet in diameter, except for balloon arches not exceeding eight (8) feet in height. 5) Additional lighting that does not meet this Ordinance. 6) Any sign or display in the public right-of-way. 7) Air inflatable devices. f. Sign Permit Requirements for Special Event Lot Decorations. Before any special event signs or decorations shall be permitted to be used for an event, the responsible property owner or organization shall submit a completed application for a sign permit with the City. In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event. Only after the City issues the sign permit, may a business display the special event signs and decorations. g. Violations. 1) It is a violation for any person, company, or organization to provide, erect or display any beacons, balloons or other advertising device which is not in conformity with the provisions of this Section. 2) Special event signs and decorations not removed by the last day of the special event. 401.15.G.9. DISTRICT REGULATIONS. a. R-1, R-1 A, R-1 B, R-1 C, Single Family Residential and R-2, Low to Medium Density Residential Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to: 16 1) One (1) sign for each unit in a single and two family residential dwelling not exceeding two (2) square feet in area per surface. Lots abutting more than one (1) right-of-way shall be allowed one (1) sign not to exceed two (2) square feet in area per frontage. 2) Any multiple dwelling structure with three (3) or more units shall be allowed one (1) monument sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed thirty-two (32) square feet. 3) Other non-residential uses permitted or conditionally permitted in the R-1, R-1 A, R-1 B, R-1 C, and R-2 Districts shall be allowed one monument sign, not to exceed eight (8) feet in height and one (1) wall sign, the aggregate square footage of sign space shall not exceed forty (40) square feet. The signs shall not be illuminated except by conditional use permit as provided for in Section 401.03 of this Ordinance. 4) One (1) freestanding sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed four (4) square feet shall be allowed for home occupations as provided for in Section 401.15.M of this Ordinance, and day care nursery facilities as provided for in Section 401.15.N of this Ordinance. The sign shall not be illuminated except by conditional use permit as provided for in Section 401.03 of this Ordinance. 5) One (1) freestanding sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed six (6) square feet shall be allowed for bed and breakfast facilities as provided for in Section 401.22.E.3 of this Ordinance. The sign shall not be illuminated except by conditional use permit as provided for in Section 401.03 of this Ordinance. 6) Exceptions in numbers of height or size of signs may be allowed for the signs indicated in Section 401.15.G.9 of this Ordinance by conditional use permit, as provided for in Section 401.03 of this Ordinance. b. 0, Open Space Conservation and R-3, Multiple Family Residential Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to: 1) One (1) sign for each unit in a single and two family dwelling not exceeding two (2) square feet in area per surface. Lots abutting more than one (1) right-of-way shall be allowed one (1) sign not to exceed two (2) square feet in area per frontage. 17 2) Any multiple family structure with three (3) or more units shall be allowed a total of four(4) signs for any one (1) project to include the following: a) One (1) monument sign per entrance to the project not to exceed twenty-four (24) square feet or eight (8) feet in height. b) Wall signs not more than twenty-four (24) square feet nor higher than the top on the parapet wall or eave. 3) Other non-residential uses permitted or conditionally permitted in the 0, Open Space Conservation or R-3, Multiple Family Residential Districts shall be allowed one monument sign, not to exceed eight (8) feet in height and one (1) wall sign, the aggregate square footage of sign space shall not exceed forty (40) square feet. 4) Parks or public facilities shall be allowed one (1) monument sign per street entrance, not to exceed eight (8) feet in height and one (1) wall sign. The aggregate square footage of sign space shall not exceed sixty (60) square feet. 5) Changeable Copy Signs - Manual and Electronic — Non Residential Uses in the 0, Open Space Conservation District. a) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be allowed on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent of the actual copy and graphic area of the sign. (4) The sign message shall not change more than eight (8) times per day. 6) Electronic Sign Illumination 18 a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. c) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with subsections and F3 of this section to the city upon request by the zoning administrator. 5) Exceptions in numbers of, height, or size of signs may be allowed for the signs indicated in Section 401.15.G.9 of this Ordinance by conditional use permit, as provided for in Section 401.03 of this Ordinance. c. P/I, Public Institutional; R-B, Residential Business; and B-1, Neighborhood Business Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to three (3) signs per principal use upon the subject property, subject to the following conditions: 1) One (1) freestanding monument sign per entrance not more than forty (40) square feet or more than eight (8) feet in height; 2) Wall signs not more than forty (40) square feet nor higher than the top of the parapet wall or eave. 3) Parks or public facilities shall be allowed one (1) monument sign per street entrance, not to exceed eight (8) feet in height, and one (1) wall sign. The aggregate square footage of sign space shall not exceed sixty (60) square feet. 19 4) Changeable Copy Signs - Manual and Electronic — P/I Public Institutional District. a) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be allowed on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent of the actual copy and graphic area of the sign. (4) The sign message shall not change more than eight(8) times per day. 5) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. c) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with subsections and F3 20 of this section to the city upon request by the zoning administrator. 6) Exceptions in numbers of, height, or size of signs may be allowed for the signs indicated in Section 401.15.G.9 of this Ordinance by conditional use permit, as provided for in Section 401.03 of this Ordinance. d. B-2, General Business; B-3, Highway Business and Warehousing; B- 4, Limited Business District; and I, Industrial Districts. Except as otherwise provided in this Ordinance, single occupancy business signs in these districts shall be limited to: 1) Maximum Allowable Sign Area. Column A Column B Column C Allowable Percentage Total Sign Areal) Allowable2) Allowable3) B-2 and B-3 Districts 100 SF or 15% up to 300 SF B-W and I Districts 125 SF or 18% up to 400 SF Footnotes: 1) Allowable sign area regardless of building facade. 2) Maximum allowable sign area based on percentage area of front building facade. When a building faces two (2) or more streets, calculation of the maximum allowable sign area shall be based upon the front building facade and the smallest building facade facing a street frontage. 3) Total maximum allowable sign area per lot or business. Sign areas exceeding the maximum shown on column c, but less than the area allowed in column b hereof, may be allowed by conditional use permit or as part of an approved planned unit development. 2) Freestanding Signs. a) A maximum of one (1) freestanding sign is allowed upon any single lot. Sign area may not exceed one hundred (100) square feet and a maximum height of twenty (20) feet. The freestanding sign base shall be surrounded with a landscape planter at least three (3) feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and/or flower materials. b) Two (2) additional freestanding signs may be allowed provided they are in compliance with the following standards: (1) The signs are constructed as a monument sign and shall not exceed a height of eight (8) feet. 21 (2) Decorative shrubbery and/or flowers must be incorporated as a part of the monument design and are maintained on a regular basis. (3) The gross area of the signs, when added together with all other freestanding and wall sign areas, does not exceed the maximum allowable sign area established for the lot. (4) Monument signs may incorporate additional berming on a slope of three to one (3:1) where the berming is incorporated into an overall landscape design plan. Landscaping shall be provided on the slopes of the berm in an interesting and varied appearance. Where a planter box is incorporated, the landscaping shall occur in and around the planter with a similar attractive design. In both cases, the height of the sign, including the planter box shall not exceed eight (8) feet. (5) Signs allows pursuant to Section 401.15.G.6 of this Ordinance. c) The cumulative total sign area, when added to the gross sign area of all wall signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to Section 401.15.G.6 of this Ordinance, shall not exceed the maximum allowable sign area under Section 401.15.G.9.d.1) of this Ordinance. 3) Wall Signs. a) The maximum number of wall signs on any principal building shall be two (2), and in all cases, each sign shall be placed on a separate building facade, with or without street frontage except as allowed for multiple occupancy buildings in Section 401.15.G.10.d of this Ordinance. b) The maximum number of wall signs allowed may be increased over two (2) by conditional use permit for single occupancy buildings provided the following minimum standards are met: (1) There shall be no freestanding sign exceeding eight (8)feet in height upon the lot. (2) The wall signs shall be identical in style, color and size. 22 c) The cumulative total sign area, when added to the gross sign area of all freestanding signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to Section 401.15.G.6 of this Ordinance, shall not exceed the maximum allowable sign area under Section 401.15.G.9.d.1) of this Ordinance. d) Signs may also be placed on the side of a building not facing a street. No building site may have signage in excess of the signage allowed for that side of the building based upon the maximum allowable sign area of the building facade. 4) Changeable Copy Signs - Manual and Electronic a) One manual or electronic changeable copy sign shall be allowed per site or Commercial Planned Unit Development provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be allowed on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent or more than forty (40) square feet, whichever is greater, of the actual copy and graphic area of the sign. (4) The sign message shall not change more than eight(8) times per day. 5) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five 23 I hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. c) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12)watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with subsections and F3 of this section to the city upon request by the zoning administrator. Sign Tables. Sign tables that summarize the district sign allowances are found on the following page. SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET* Zoning Identifi- Freestanding Wall Temp Perm District cation Window Window All Res. Non- All Res. Non- Uses Res. Uses Res. 0 -- -- 24 40' -- 24 40' -- 25%8 R-1/R-2 -- -- 322 40' -- 322 40' -- 25%6 R-3 -- -- 24 40' -- 24 40' -- 25%6 R-B 4 40 -- -- 40 -- -- 10%' 25%6 B-1 4 40 -- -- 40 -- -- 10%' 25%5 B-2 4 1003 -- -- —3 -- -- 10%' 25%6 B-3 4 1003 -- -- —3 -- -- 10%' 25%6 B-4 4 1003 -- -- —3 — -- 10%' 25%5 BW 4 1005 -- -- -5 - -- 10%' 25%6 I 4 1005 -- - -5 -- -- 10%' 25%6 P-I -- 40 — -- 40 -- -- -- 25%6 1 Aggregate square footage of both freestanding and wall signs not to exceed 40 square feet. 2 Aggregate square footage of both freestanding and walls signs not to exceed 32 square feet. 3 Allowable sign area is 100 square feet or 15%of front building facade up to 300 square feet. 4 Allowable sign area is 50 square feet or 10%of front building facade up to 200 square feet. 5 Allowable sign area is 125 square feet or 18%of front building facade up to 400 square feet. 6 Percentage based upon total window area. 7 Percentage based upon front building facade. 24 II SIGN TYPE AND MAXIMUM HEIGHT IN FEET* Zoning Freestanding Freestanding Wall Address District Monument O 8 8 Top of parapet wall or eave 3.5 in. R-1/R-2 8 6 Top of parapet wall or eave 3.5 in. R-3 8 8 Top of parapet wall or eave 3.5 in. R-B 8 8 Top of parapet wall or eave 3.5 in. B-1 8 8 Top of parapet wall or eave 3.5 in. B-2 8 20 Top of parapet wall or eave 3.5 in. B-3 8 20 Top of parapet wall or eave 3.5 in. B-4 8 20 Top of parapet wall or eave 3.5 in. BW 8 20 Top of parapet wall or eave 3.5 in. 8 20 Top of parapet wall or eave 3.5 in. P-1 8 8 Top of parapet wall or eave 3.5 in. *Not a complete listing. Please refer to Section 401.15.G.9,District Regulations and Section 401.15.G.10,Special District Provisions for specific standards. 401.15.G.10. SPECIAL DISTRICT PROVISIONS. a. Motor Fuel Station. 1) Signs for motor fuel stations shall be regulated by the single occupancy business structure sign provisions for the zoning district in which the station is located. 2) Pump island signs shall not exceed two (2) square feet per pump. 3) Portable signs shall not be allowed. 4) The area of all displays and/or signs shall be counted against the total sign area allowed for the site, which includes both freestanding and wall sign allowances. b. Destination Retail Highway Sign District. Signs and sign allowances, in addition to the sign allowances for single and multiple occupancy signs of this Ordinance, shall be allowed within the Destination Retail Highway Sign District as identified on maps on file at City Hall. 1) Freestanding Signs. a) One (1) freestanding sign for business developments as part of an approved planned unit development not exceeding two hundred (200) square feet with a maximum height of forty (40) feet. The sign faces shall be oriented toward Highway 25 36 and Highway 5 and away from residential developments. The freestanding sign base shall be surrounded with a landscape planter at least three (3) feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and/or flower materials that are maintained on a regular basis. b) For single occupancy lots and business developments as part of an approved planned unit development, the allowances for freestanding signs found in Section 401.15.G.9 of this Ordinance shall be increased to allow one (1) sign not exceeding one hundred fifty (150) square feet and a maximum height of thirty (30) feet. The freestanding sign base shall be surrounded with a landscape planter at least three (3) feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and/or flower materials that are maintained on a regular basis. 2) Wall Signs. For single occupancy lots and business developments as part of an approved planned unit development, maximum allowable sign area allowances found in Section 401.15.G.9 of this Ordinance shall be increased to eighteen (18) percent for allowable sign area based upon percentage and five hundred (500) square feet of maximum allowable sign area per lot. c. Single Occupancy Retail Stores Exceeding One Hundred Thousand (100,000) Square Feet. The following maximum specifications shall apply for single occupancy commercial structures of one hundred thousand (100,000) square feet of floor area or more: 1) Freestanding Signs. The freestanding sign allowances found in Section 401.15.G.9 of this Ordinance shall be increased to allow one (1) freestanding sign not to exceed two hundred (200) square feet and a maximum height of thirty (30) feet. 2) Wall Signs. Maximum allowable sign area allowances found in Section 401.15.G.9 of this Ordinance shall be increased to eighteen (18) percent for allowable sign area based upon percentage and five hundred (500) square feet of maximum allowable sign area per lot. d. Multiple Occupancy Business Buildings, Industrial Buildings, and Lots. 1) When a single principal building is devoted to two (2) or more businesses or industrial uses, or a lot will contain more than one (1) single occupancy building as part of an approved planned unit development, a comprehensive sign plan shall be required subject 26 to review as to whether the plan is consistent with the sign regulations. The plan and sign allowances shall be subject to the following: a) A comprehensive sign plan is submitted which includes all of the following information: (1) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs, and any other physical features of the area included within the comprehensive sign plan. (2) Elevations to scale of building or buildings included within the comprehensive sign plan including the location of existing or proposed wall signs. (3) To scale plans for all existing and proposed signs of an type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means of illumination (if any). 2) The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign shall not exceed the maximum provisions for single occupancy structures of the applicable zoning district. 3) Mixed use multiple occupancy buildings and developments with multiple single occupancy buildings may display a freestanding sign in addition to and consistent with the applicable zoning district provisions of Section 401.15.G.9 of this Ordinance. The freestanding sign may not exceed one hundred (100) square feet and a maximum height of twenty (20) feet. The freestanding sign base shall be surrounded with a landscape planter at least three (3) feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and/or flower materials. 4) Except as provided for in Section 401.15.G.10 of this Ordinance, individual tenants of a multiple occupancy building shall not display separate wall signs unless the tenants business has an exclusive exterior entrance. The number of individual wall signs shall be limited to one (1) per entrance, and each sign shall be limited to the maximum wall sign allowances permitted in the district. Tenants on building ends may have a maximum of two (2) signs each to be located at the front and side elevations of the tenant space. The individual signs shall be located only on exterior walls which they are directly related to the use being identified. 27 5) In any multiple occupancy building qualifying as a shopping center, signs shall be permitted for each common public entrance. Each sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50)feet of the common public entrance being served. Attention shall be given to the possible number of tenants or occupant bays which may be served by the common public entrance for which the sign is intended. 6) No permit shall be issued for a new or replacement sign for an individual use except upon a determination by the Zoning Administrator that it is consistent with the approved comprehensive sign plan. 401.15.G.11. NON-CONFORMING SIGNS. a. General Provisions Governing Non-Conforming Signs. 1) Continuation of Use. A non-conforming sign lawfully existing upon the effective date of this Ordinance may be continued at the size and in the manner existing upon such date. 2) If any property use or business changes ownership, all signs on that property, including any sign identifying a business no longer in existence, shall be brought into conformance with Section 401.15.G.15.c) within thirty (30) days. 3) Prohibitions. A non-conforming sign may not be: a) Structurally altered except to bring it into compliance with the provisions of this Ordinance. b) Enlarged. c) Re-established after its removal or discontinuance. d) Repaired or otherwise restored, unless the damage is less than fifty (50) percent of sign structure. e) Replaced. 4) Non-Conforming Sign Maintenance and Repair. Nothing in this Ordinance shall be construed as relieving the owner of use of a legal non-conforming sign or owner of the property on which the legal non-conforming sign is located from the provisions of this Ordinance regarding safety, maintenance, and repair of signs, provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more non- conforming or the sign shall lose its legal non-conforming status. 28 b. Non-Conforming Uses. When the principal use of land is legally non- conforming under the Zoning Ordinance, all existing or proposed signs in conjunction with that land shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. 401.15.G.12. MAINTENANCE. All signs, together with all of their supports, braces, guys 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. Notice shall be given to the Zoning Administrator of any change in sign user, sign owner, or owner of the property on which the sign is located. 401.15.G.13. INSPECTION. All signs for which a sign permit is required shall be subject to inspection by the City Building Official. The Building Official may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this Ordinance. 401.15.G.14. SIGN PERMIT AND APPLICATION. a. Sign Permit Required. Except as provided in this Section, no sign or structure shall be erected, constructed, altered, rebuilt, or relocated until a sign permit has first been issued by the City. The fees which shall be charged for sign permits under this Section shall be in accordance with the fee schedule as determined by resolution of the City Council. b. Sign Application. The following information for a sign permit shall be supplied by an applicant as requested by the Zoning Administrator or designee: 1) Name, address, and telephone number of person making the application. 2) Name, address, and telephone number of person owning the sign. 3) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. 4) The location, diagrams, and dimensions of the building, building elevations, structure, and lot to which, or upon which, the sign is to be attached or erected. Building elevations shall include an artist's rendition or color computer graphic simulation if required by the Zoning Administrator. 29 5) A site plan showing the positioning and height of the sign(s) or other advertising structures in relation to all nearby existing or proposed buildings, structures, and property lines, lighting details, colors, materials, a table of the proposed gross sign area for each sign and the total proposed sign area. 6) Photographs of the building face and the building faces of any adjacent buildings. 7) Plans, location and specifications and method of construction and attachment to the buildings or placement method in the ground. 8) Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. 9) Written consent of the owner or lessee of any site on which the sign is to be erected. 10) Any electrical permit required and issued for the sign. 11) The name of the person, firm, corporation, or association erecting the structure. 12) Such other information as the Zoning Administrator or designee requires, showing full compliance with this and all other laws and ordinances of the City. 13) If the work authorized under a sign permit has not been completed within twelve (12) months after the date of its issuance, said permit shall become null and void. 401.15.G.15. REMOVAL OF UNSAFE AND ILLEGAL SIGNS. If the Zoning Administrator or designee finds that any sign or sign structure is unsafe or in violation of the provisions of this Ordinance, written notice shall be given to the owner and/or party responsible for the sign to comply with the standards required by this Section in a prescribed time frame and manner. The removal of the signs shall be done in the following manner: a) Permanent Illegal Signs. The Zoning Administrator, or his/her designee, shall order the removal of any permanent sign erected or maintained in violation of this Ordinance. Those signs deemed unsafe by the Zoning Administrator or designee shall be ordered removed immediately. Thirty (30) days notice in writing shall be given to the owner of all other signs or of the building, structure, or premises on which such sign is located, to either comply with this Ordinance or remove the sign. The owner of the 30 sign, building, structure, or premises shall also, upon removal of any sign, be fully responsible for repairing, replacing, and returning the ground, building wall, or other mounting surface to its original condition or to a proper condition consistent with the present appearance of the area, building wall, or surface. b) Temporary Illegal Signs. The City may impound signs which have been illegally installed upon public property or within public right-of-way or easement. The sign owner may retrieve the signs according to the following: 1) Fee Payment. For impounded signs, there shall be an impoundment and storage fee, as may be approved from time to time by Council resolution. 2) Retrieval of Sign. The sign shall be retrieved from a designated impound area during routine business hours and within fifteen (15) days from the date of impounding. After fifteen (15) days, the City will dispose of the sign. 3) Liability. The City shall not be held liable for any damage to impounded signs. c) Out of Business Signs. Signs not used for signing when a business permanently closes or leaves the tenant space shall be removed or altered within thirty (30) days from the close of business. Wall or freestanding signs and sign structures that are in compliance with the provisions of this Ordinance but are not in use shall be addressed in the following manner: 1) Wall signs. The sign shall be removed. 2) Wall signs (cabinet). A blank face shall be inserted in the cabinet. 3) Freestanding Signs. The sign area shall be totally covered. 4) Non-Conforming Signs/Sign Structures. All non-conforming signs and sign structures shall be removed in compliance with Section 401.15.G.11 of this Ordinance. d) Administrative Enforcement. Enforcement procedures for violations of this Chapter shall be conducted as outlined in Section 101.05 of the City Code. 401.15.G.16. VARIANCES. In order to provide additional flexibility in the enforcement of this Ordinance and to alleviate hardship and injustice, the City Council may, upon application, grant a variation from the terms of this Ordinance. Upon application, therefore, from the person seeking a permit for the erection or 31 installation of a sign, the request for variance shall be processed in accordance with Section 401.04 of this Ordinance, as may be amended. a. Criteria. Additionally, the City Council shall make a finding of fact that an undue hardship or injustice exists if a variance was not granted and therefore, may grant such variations based upon consideration of the following: 1) That particular physical surrounding, shape, or topographical conditions of the specific parcel of land involved exist. 2) That the condition involved is unique to the particular parcel of land involved. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value of income potential of the business involved. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or interfere with the function of the Police and Fire Departments of the City. b. Fees. Fees for the review and processing of sign permit variance requests shall be changed in accordance with the provisions of Section 401.08 of this Ordinance. 32