Zoning Ordinance Steering Committee

Zoning Ordinance Steering Committee May 20, 2016 Page 1 of 8 Members present: Dave Pankow, Stu Sautner, Rolly Ackerman, Joel Feist, Tyler Neether Others present: Leo Ness, Newman Signs; John Stewart; Bernie Dardin, Indigo Signs; Robert Smesrud, Indigo Signworks; Craig Johnson, Signs Today; Dan Ternes, Sign Dzyn; Jody Bullinger, Minot City Planning Commission; Amy Behm; John MacMartin, Chamber of Commerce; Josh Wolsley, Minot Voice; Mitch Flanagan, Building Official; Dwight Thompson, Code Enforcement; Sybil Tetteh, Assistant City Planner; Lance Meyer, City Engineer; Cindy Gray, SRF; Sue Nilson Section 22-1: “This ordinance applies to all signs located in residential, commercial (except C3), industrial, and agricultural zoning districts.” Motion to approve changes by Neether, second by Feist. Motion carried unanimously. Section 22-2. Definitions: ii) Special Purpose Sign: A sign utilized to advertise for a publicly-owned establishment/use or an institutional establishment/use. Such establishments/uses include, but are not limited to, churches, museums, zoos, government buildings, schools, and parks. A special purpose sign may be located in any zoning district where the associated establishment/use is allowed or permitted otherwise. Motion to approve changes by Neether, second by Feist. Motion carried unanimously. Section 22-3. General Provisions: Regulations encompassing all signs: l) All freestanding, billboard and temporary signs shall be setback ten (10) feet from all lot lines from their leading edge to any property line adjacent a right-of-way, (except for C3 and Pylon signs). All pylon signs are subject to the same setback requirements as the principal structure building. m) No All electronic message centers or digital signs shall comply with the requirements for digital billboards as found in Section 22-13. exceed a brightness level of 0.3 foot candles above ambient light as measured using a foot candle (Lux) meter at a preset distance depending on sign area. Measuring distance shall be calculated with the following formula: The square root of the product of the sign area and one- hundred. i. Example using a 12 square foot sign: ii. Measurement Distance = √ (12 Sq. Ft. x 100) = 34.6 n)m) All digital billboards and electronic message centers shall come equipped with automatic dimming technology that automatically adjusts the display’s brightness based on ambient light conditions. Indigo Signs representative commented that the 10’ setback causes issues with businesses as it takes a much needed parking space away. Zoning Ordinance Steering Committee May 20, 2016 Page 2 of 8 Thompson commented that many signs on Broadway are not in compliance and businesses will need to leave the old signs up because they will not be able to replace them in their current locations. There are locations where they will not be able to comply with the new ordinance because of the new setback that will be required. Meyer stated that it is a 10’ utility easement. Broadway doesn’t have it because it’s been platted so long ago. Signs would not be able to stay if utility companies wanted to put in utilities. Behm stated that she is a business owner on Broadway and the City needs to make it affordable/easier to change out a sign. Ness stated that the 10’ easement limits the location to place the sign pole. Pankow suggested that the City identify if an easement exists on the plat for the property and if not, be allowed to place the sign within that 10’ easement. Meyer stated that the 10’ easement could not be eliminated without the permission of the utility companies. Ackerman had some concerns regarding the placement of the pole in the sight triangle. Pankow suggested that the sight triangle be added to the application checklist. Motion to approve by Ackerman, second by Feist. Motion carried unanimously. Section 22-4. Prohibited Signs (All districts): h) Roof signs, except roof signs where allowed as a result of an approved deviation per section 22- 17. j) Signs on motorized vehicles (not including advertising on a business owned vehicle) not related to activities of the site in which the vehicle is located. Example of such signage includes: stationary vehicles or semi-trailers and detached trailers with off-premise signs. Signs on vehicles utilized for public and private transit purposes (i.e. city buses, privately owned taxi cabs) are not prohibited. Ternes suggested that it isn’t fair that City buses are allowed to have giant signs on them but signs are limited on buildings. Ackerman stated that the reason the committee was formed was because of public complaints regarding signs. Motion to approve by Neether, second by Sautner. Motion carried unanimously. Section 22-6. Temporary Signs: (only for grand openings, special events, and holidays) j) Sandwich Board Signs: Sandwich board signs are two (2) sided temporary signs which are allowed by annual permit only. Sandwich board signs may be no more than three (3) feet in width and four (4) feet in height and must be located within twenty (20) feet of the main entrance to the business they advertise. Sandwich board signs must be placed upon private property, leaving a minimum of four (4) feet of clearance for pedestrian access. Sandwich board signs may not be Zoning Ordinance Steering Committee May 20, 2016 Page 3 of 8 placed upon the public sidewalk, except in the Central Business District. Sandwich board signs may be used only during business hours and must be removed daily. Motion to approve by Sautner, second by Feist. Motion carried unanimously. Section 22-7. Residential District Allowable Signage (R1(s), R2, RM, R3C, and RA) a) Two (2) non-residential use identification special purpose signs shall be permitted for each property and two (2) non-residential identification special purpose signs shall be permitted for each entrance to a property. b) The name, address and/or logo portion of a non-residential use identification special purpose sign shall not exceed forty-eight (48) square feet. c) Non-residential use identification Special purpose signs shall be constructed of durable, weather-resistant materials. d) Standard lighting of a non-residential area identification special purpose sign shall be from either an external source directed at the sign, or from internal illumination. Lighting for the sign shall be so directed as to not interfere with the movement of traffic on adjacent roadways or be a nuisance to adjacent property owners with a timer that turns off the lighting during the hours of 10:00 p.m. until 6:00 a.m. Lighting for the sign shall be so directed as to not interfere with the movement of traffic on adjacent roadways or be a nuisance to adjacent property owners. e) Digital signs shall only be allowed on non-residential for public or institutional uses. (e.g. church, school, etc.). Digital signs are allowed on a freestanding or wall sign provided the digital display does not exceed seventy percent (70%) of the total sign area per primary sign face (no more than two sign faces). The display message shall not change more than once every two (2) second interval. During the hours of 10:00 p.m. and 6:00 a.m. the message shall remain as a single static message. Digital display shall comply with requirements in Section 22-15 b)–e)22-9 d). Motion to approve by Ackerman, second by Neether. Motion carried unanimously. Section 22-89 a). Commercial Districts Allowable Signage (C1, C2 and GMU): 5) All freestanding signs or monument/ground signs shall be setback ten (10) feet from the property line.shall be located with the pole and edge of sign located completely within the property line. d) Digital signs: 1) Digital signs are allowed on a freestanding or wall sign. provided the digital display does not exceed eighty percent (80%) of the total primary sign area per sign face (no more than two sign faces). The display message shall not change more than once every one (1) second interval. Digital display shall comply with requirements in Sec.tion 22-15 b)–e)22-9 d). Motion to approve by Ackerman, second by Sautner. Motion carried unanimously. Section 22-99 b). Signage Permitted within the C3 District: Zoning Ordinance Steering Committee May 20, 2016 Page 4 of 8 f)e) Sandwich Board Signs: Sandwich board signs are two (2) sided temporary signs placed outside of a building. which are allowed by permit only. A one-time permit shall be required for installation of each new sandwich board sign. Sandwich board signs may be no more than three (3) feet in width and four (4) feet in height and must be located within twenty (20) feet of the main entrance to the business they advertise. Sandwich board signs must be placed upon private property, leaving a minimum of four (4) feet of clearance for pedestrian access. Sandwich board signs may not be placed upon the public sidewalk with the approval of an encroachment agreement. Sandwich board signs may be used only during business hours and must be removed daily. No banners, flag, balloons may be attached to the sandwich board sign. One sandwich board sign is allowed per business establishment. Motion to approve by Neether, second by Feist. Motion carried unanimously. Section 22-101. Industrial Districts Allowable Signage (M1, M2, M3, M4): d) Digital signs 1) Digital signs are allowed on a freestanding or wall sign provided the digital display does not exceed sixty percent (60%) of the total primary sign area per sign face (no more than two sign faces). The display message shall not change more than once every one (1) second interval. Digital display shall comply with requirements in Sec.tion 22-15 b)–e).22- 9 d). Motion to approve by Ackerman, second by Feist. Motion carried unanimously. Section 22-11. Special Purpose Sign Regulations: a) Except for special purpose signs in residential districts (R1(s), R2, RM, R3C, and RA), special purpose signs (for public and institutional uses such as churches, schools, and parks) shall comply with the requirements of Section 22-8. Special purpose signs in residential districts (R1(s), R2, RM, R3C, and RA) shall comply with the sign requirements specified in Section 22-7. Motion to approve by Neether, second by Sautner. Motion carried unanimously. Section 22-122. Billboards Advertising: a) Billboards are permitted only on the following roadways and upon properties zoned Commercial or Industrial: Highway 83; Highway 2/ 52 Bypass; Highway 2 E & Highway 2 W; Burdick Expressway; Highway 83 Bypass; 55th Street NE; Highway 52on minor and principal arterials as designated by the City within the City’s area of extraterritorial jurisdiction. Billboards may only be installed in the C2 (General Commercial), M1 (Light Industrial), M2 (Heavy Industrial), and M3 (Office Park) districts. b) A sign permit shall be required for approval of a billboard pursuant to this Ordinance. The applicant shall provide landowner approval prior to the issuance of a sign permit for a billboard. c) A city issued sign permit shall be required for approval of a billboard pursuant to this ordinance. A Sign Permit must be obtained to convert a static billboard (billboard that is not digital) to a digital billboard. Submitted with the completed sign application will be: 1) A detailed site plan showing: Zoning Ordinance Steering Committee May 20, 2016 Page 5 of 8 a. The latitude/longitude coordinates accurate within 18” for the proposed sign structure. b. All property lot lines. c. Sign setbacks from the subject property lot lines. d. All public streets with names. e. The location of existing residential and commercial structures within three hundred (300) feet of the proposed site. f. All additional relevant surrounding information. (i.e. parks, churches, schools, etc.) 2) Stamped detailed engineering plans for the sign structure. 3) Stamped/signedSigned and sealed ND DOTNorth Dakota Department of Transportation permit for the proposed site, if applicable. 4) Nonrefundable required City of Minot application fee. dc) All billboards shall comply with all applicable building codes and must be reviewed by the Building Official prior to installation of a billboard. 1) General: The following signs are exempt from the requirements to obtain a building permitbuilding code review before erection: a. i. Painted nonilluminated signs. ii. Temporary signs announcing the sale or rent of property. iii. Signs erected by transportation authorities. 2) Where a permitbuilding code review is required: a. Design documents shall be prepared by a Registered Design Professional, documents shall show the dimensions, material and required details of construction, including loads, stresses, anchors and foundation. b. Signs shall be designed and constructed to withstand wind pressures up to 115/90 mph, snow loads, seismic loads and working stress as specified in Chapter 16 2012 IBC, the working stress shall not exceed 25 % of the ultimates strength of rope or fasteners and shall not exceed 1/5th the ultimate strength of chains, guys or steel cables c. Foundations shall be designed and constructed in accordance with Sections 1808.2 through 1808.9.2012 IBC. 3) Geotechnical Design: a. Questionable soil: Where the classification, strength or compressibility of the soil is in doubt or where a load-bearing value superior to that specified in this code is claimed, or where expansive soil exists, the building official shall be permitted to require that a geotechnical investigation be conducted. b. When required by the building official geotechnical investigations shall be conducted in accordance with Section 1803.2 1803.3and reported in accordance with Section 1803.6 IBC 2012 c. Exception: The building official shall be permitted to waive the requirement for a geotechnical investigation where satisfactory data from adjacent areas is available that demonstrates an investigation is not necessary for any of the conditions in Sections 1803.5.1 through 1803.5.6 and Sections 1803.5.10 and 1803.5.11.2012 IBC Zoning Ordinance Steering Committee May 20, 2016 Page 6 of 8 4) Electrical Service: Signs that require electrical service shall comply with NFPA 70. And 2014 NEC hf) The closet point of any portion of the sign shall be setback ten (10) feet from the property lineall lots lines. ljh) Billboards signs, including mounting pole and devices, shall be located inside of the outside edge of the roadway easement in which the billboard sign is located. In compliance with Section 11.-4 k) of this Ordinance, no billboard sign shall be installed in an agricultural district. m) Billboards shall advertise only for a business, commodity, good, service, entertainment or attraction, which is not sold, produced, manufactured, or furnished on the premises or within 300’ of where the billboard is located. Changes as per the memo where discussed. Meyer stated that the way the ordinance is written, it would allow billboards within 200’ of residential areas. Ness protested stating that the ordinance as written in the memo would not allow billboards within the City limits. He stated that he didn’t feel that would be legal. Pankow suggested that the ordinance not be changed and billboards be allowed on just the highway system. Tetteh stated that billboards are encroaching into residential areas with the brightness of them. Sautner asked if the City had more jurisdiction than the State inside City limits. Gray stated that the City does have more jurisdiction than the State as long as City rules are more restrictive. Discussion followed regarding Section 12-12a) – Tetteh stated that keeping the ordinance as it was previously approved doesn’t help the issues on Burdick. Pankow suggested that with the change of spacing to 500’ radially should take care of the problem. Discussion followed regarding Section 22-12 b-h) – Setbacks on c) should follow earlier motion. MacMartin stated that he has concerns regarding “lot line” wording in h). Meyer feels it’s too ambiguous. Ness had an issue with m) stating that it wasn’t fair for the City to regulate what business could or couldn’t advertise on a billboard. The intent of billboards is to be an off premise sign. Feist stated that he felt that if a business was willing to pay for the advertising they should be allowed to do it. Motion to approve above changes by Sautner, second by Feist. Motion carried unanimously. Section 22-132. Billboard Sign Spacing Requirement: b) Spacing between off-premise signs shall be at least five hundred (500) feet, as measured from the curbline of the street along the same side of the street along in which the sign is oriented of another billboard regardless of geographic jurisdiction. c) Billboards shall be located at least two hundred (200) feet from the center point of an intersection of an arterial and arterial and/or collector. b)d) Billboards shall be located at least five hundred (500) feet from the nearest right of way of a US Highway interchange. Zoning Ordinance Steering Committee May 20, 2016 Page 7 of 8 e) Digital Billboards: Spacing between digital billboards shall be at least one thousand two hundred (1,200) feet, as measured from the curbline of the street along the same side of the street in which the sign is oriented. c)f) All distances as provided in this section shall be measured radially from where the surface display area is visible. Pankow stated that billboards are allowed only within 500’ linearly. It doesn’t matter which side of the street and would like to delete b). Meyer stated that it could be problematic depending on where you are in the City. Motion to approve above changes by Sautner, second by Feist. Motion carried unanimously. Section 22-143. Digital Billboards: Digital billboards are subject to the following additional conditions: a) Hold Time: Signs shall display a static message which message may not change or be changed for a period of at least seven (7) seconds. b) Message Transitions: The transition from one such static message to the next shall occur instantaneously (one second or less) without the use of animation, flashing or frame effects. c) Sign Brightness: Digital billboards shall come equipped with automatic dimming technology that automatically adjusts the display’s brightness based on ambient light conditions. d) Maximum brightness levels for digital billboards shall not exceed .3 (three tenths) foot-candles over ambient light levels measured within 150 feet of the sign. Certification must be provided to the city demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Re-inspection and recalibration shall be annually required by the city, in its reasonable discretion, at the permitee’s expense to ensure that the specified brightness levels are maintained at all times. e) Brightness of digital billboards shall be measured as follows: 1) At least 30 minutes following sunset, a foot candle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the pre-set location. 2) The sign shall then be turned on to full white copy to take another reading with the meter at the same location. 3) If the difference between the readings is 0.3 foot candles or less, the brightness is properly adjusted. 1) All electronic message centers shall come equipped with automatic dimming technology which automatically adjusts the sign’s brightness in direct correlation with ambient light conditions. 2) No electronic message center shall exceed a brightness level of 0.3 foot candles above ambient light as measured using a foot candle (Lux) meter at a preset distance depending on sign area. Measuring distance shall be calculated with the following formula: The square root of the product of the sign area and one-hundred. Example using a 12 square foot sign: Zoning Ordinance Steering Committee May 20, 2016 Page 8 of 8 Measurement Distance = √ (12 Sq. Ft. x 100) = 34.6 Ness presented a chart that Fargo uses for billboard regulations and the committee agreed to add it to the ordinance. Motion to approve above changes by Feist, second by Neether. Motion carried unanimously. Section 22-154. General Permit Procedures: a) Applicability: Any installation, modification, or expansion of any nonconforming or conforming sign which is not exempt from the provisions of this Section Ordinance shall be subject to the following permit procedure prior to installation. Billboards that are static or not digital must obtain a sign permit and comply with all of the terms of the City Zoning Ordinance in order to change to a digital billboard. d) Application Fees: Each application for a sign permit shall be accompanied by any applicable fees, which shall be established by the City Council from time to time by resolution. All application fees are nonrefundable. Motion to approve above changes by Feist, second by Sautner. Motion carried unanimously. Section 22-17. Deviations to Sign Regulations: a) The Planning Director shall have the authority to grant administrative approval for minor deviations to sign height and sign placement, provided: 1) The deviations do not exceed ten (10) percent of the basic requirement; and 2) The deviation is based on a hardship problem with the site, existing building placements, or poor site visibility, and not based on economic factors or personal design prefrences. 3) The deviation has been reviewed by the City Engineer and does not pose a threat to health and safety of the public. 4) The Planning Director, with copy to the City Engineer, will issue a written statement of approval or denial of the deviation request. If a request is denied by the Planning Director, the applicant may choose to file a variance pursuant to Section 30-2. b) A request for adjustments beyond ten (10) percent shall be processed as a variance pursuant to Section 30-2. Motion to approve above changes by Neether, second by Feist. Motion carried unanimously. New Business: Pankow stated he would like the on premise and off premise signs separated in the ordinance. Motion by Ackerman, second by Feist. Motion carried unanimously. Meeting adjourned at 11:26 AM.