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Planning Commission Agenda 07-01-2008AGENDA MONTICELLO PLANNING COMMISSION Tuesday, July 1st 2008 6:00 PM Conunissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff: Angela Schumann, Gary Anderson, Kimberly Holien - NAC 1. Call to order. 2. Consideration to approve the minutes of Apzi130"`, 2008, and June 3`~, 2008. 3. Consideration of adding items to the agenda. 4. Citizen comments. 5. Continued Public Hearing -Consideration of a request for Variance from Chapter 3, Section 9 of the Monticello Zoning Ordinance regulating Signs. Applicant: Scenic Sign 6. Public Hearing -Consideration of a request for Amendment to the Monticello Zoning Ordinance, Section 3-9, regulating signage for the purpose of promoting or selling a development project. Applicant: City of Monticello 7. Public Hearing - Consideration of a request for Conditional Use Permit for a Sign Promoting or Selling a Development Project Applicant: Nelson Building & Development 8. Adjourn. r~ L_J Minutes of June 3'~, 2008 to be sent under separate cover. MINUTES MONTICELLO PLANNING COMMISSION Tuesday, Apri130th, 2008 6:00 PM Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff: Angela Schumann, Gary Anderson, Steve Grittman - NAC Call to order. Chairman Dragsten called the meeting to order and declared a full quorum of the Commission. 2. Public Hearing -Consideration to adopt a resolution supporting the approval and adoption of the Monticello, Minnesota 2008 Comprehensive Plan City Comprehensive Plan consultant Rusty Fifield introduced the comprehensive plan information by stating that the City will use the comprehensive plan to define the broad pattern of development and to set goals and policies to achieve that plan of development. Other controls will be used to guide land use throughout the City with a finer brush. He stated that he thinks this creates more flexibility when dealing with development trends and helps accommodate changes in the style and pace of development. Fifield indicated that it is believed that the new land use categories in the plan allow the City to make better use of the plan. These land use categories are also aimed at removing the stigma of previous classifications, such as "industrial". The City will then need to use land use controls, such as zoning ordinances, in a prominent way. Fifield referred to the land use map, stating that while the City has the capacity to grow in any direction in terms of supporting infrastructure, it is not in its best interest to do so. This plan is more consciously focusing where the community will grow in the future. Fifield stated that the plan focuses future residential growth to the western and southern quadrants of the City, seeking to build off existing infrastructure, taking advantage of Camp Manitou, and growing south, so that the City can reach higher amenity land that lies further to the south. While the City has the capacity to grow in other directions, this plan provides more than enough capacity given the desired growth pattern. Planning Commission Minutes - 04/30/08 Fifield noted that one of the focus pints of the comp plan is to diversify the housing stock. Much of the existing stock is starter homes and one of the stated goals of comp plan is for those in these homes to have the opportunity to stay in Monticello through the provision of move up housing within the community. This housing type will be guided toward higher amenity areas. Along with this goal, the plan plans for also keeping track of life cycle housing. Perhaps one of the most critical land use issues in the plan is the creation of more places for job growth, Fifield stated. As Monticello has seen with the slowdown in economy and rising fuel costs, the need for jobs in the community is particularly felt in edges where there is a reliance on commuting in to the Cities. This plan's on-going focus is head-of-household jobs to provide the ability to live and work in Monticello. This goal takes advantage of amenities such as fiber optics. In order to meet this goal, the City has to provide adequate places for job creation. As such, Places to Work was the first land use area addressed in developing the land use plan. The land use plan sets two primary areas for Places to Work; an expansion of the existing area in the west, and the creation of an area lying to the south along Highway 25. Fifield indicated that one of the other possible areas for Places to Work development that has been discussed is further to the west, along another possible interchange location. However, the City does not know enough details of how it will be configured and when it will be built for the purposes of guiding land use. The Interchange Planning Area identified in that location then holds the land and recognizes that additional planning is needed once more details about future interchange are known. Fifield reported that the new land use category called Places to Shop is essentially all commercial areas. Those areas provide a balance of goods and services, and provide a market for a successful downtown area. The land use plan shows future places to shop based on building on existing areas. The plan does not seek to expand a strip of commercial south along Highway Z5, as that area is preserved for future places to work. One of the key areas of interest to the community related to how Monticello can make the downtown more successful than it is. Fifield commented that this is difficult to resolve until the traffic issues are addressed. The congestion on Highway 25 causes people to have difficulty navigating in and through the downtown. The comprehensive plan reinforces the additional planning that was done in 1997, but recognized that additional planning is needed downtown after thetransportation plan is completed. The downtown is still a distinct land use, and the plan defines a set of boundaries and notes that it will continue to be a mixed use area. Referring to east Broadway, Fifield stated that the plan creates a new mixed use district immediately adjacent to the downtown commercial area. This mixed use 2 Planning Commission Minutes - 04/30/08 area recognizes that there maybe demand for commercial and office service development given the stress created by a busy roadway. However, this designation also balances new commercial with the commercial in downtown. He cautioned that the City will need to be careful allowing downtown to migrate into this area, as it may weaken the core downtown. Commercial uses in this area should also be reviewed in terms of maintaining the integrity of the adjacent residential properties to ensure compatibility. Fifield went on to discuss the idea of a community greenway, which is included in the plan. He noted the natural amenities to the west and south of the City, and stated that there is an opportunity to create a connected system through the greenway. The plan provides an idea of where the natural features exist, and wherever development occurs in these locations, the plan calls for putting those pieces of the puzzle together. A separate chapter on Parks has been included as part of the plan, Fifield explained. The key factor in the parks system is the idea of a major regional park. Not only would that regional park meet City park needs, but also preserves critical open space, and acts as a major catalyst for the stated housing goals. Fifield noted that this regional park requires a large commitment of park dedication revenue, and will require that the City balance park dedication there and elsewhere in the community. Fifield reported that the Comp Plan also contains a new chapter on Economic Development. Although this chapter does duplicate information from other parts of the plan, it focuses in a key way that the plan should be used to further Monticello's economic goals. Fifield iterated those goals, which include the creation ofhead-of-household jobs, diversification of tax base, and the redevelopment of downtown. Transportation is obviously critical to the success of the plan. Fifield stated that it is expected that the City's Transportation Plan will be completed in 2008. When complete, the Comp Plan calls for its incorporation into the comp plan. The Planning Commission should understand that the Transportation Plan may lead to changes in other elements of the comprehensive plan. Fifield concluded by noting that the plan has been through a lot of review by staff, and a public open house was held in January. At that time, the City received limited feedback and made minor adjustments to existing land use designations. Spartz stated that the City stated working on the draft transportation plan back in October. He inquired whether the plan will result in nuts and bolts changes to the comp plan, or whether they would be more text changes. Fifield responded that he couldn't point to any fundamental changes at this time. . 3 Planning Commission Minutes - 04/30/08 Gabler asked if the City is being boxed in by using the term "biotech" to describe the focus of job growth. Fifield stated that the City is not; the City would clearly envision that there will be a combination of the extension of the office park development strategy that City has been pursuing, but that the City would not look past the more traditional light industrial users that have been the backbone of the City to date. He stated that the terminology is not intended to be exclusive, but rather is meant to send a strong message that this area is a focus. Fifield noted that the area along Highway 25 to the south is in fact intended for general industrial development. Gabler inquired what would happen if a developer didn't want to pay the fees or dedicate the land for park dedication. Fifield noted that cities are statutorily allowed to require park dedication, and it is at the City's option to choose land or cash in lieu of land at a reasonable amount. That determination is made during the process of review of subdivision. He explained that Monticello would also have the opportunity to use other park dedication funds to purchase land within that development area. Fifield stated that it is the intention of staff to proceed with updating of zoning regulations on the heels of this effort. That process will be to not only review and update, but also to make sure that the zoning ordinance supports the comp plan. Under state law, it is the zoning ordinance that ultimately governs land use outside of the 7-county metro. To make sure that land use is properly implemented, cities need to make sure the ordinance and comp plan are aligned. Dragsten sought clarification on items within the plan. He asked if the City is required to follow underlying zoning in existing areas. Fifield stated that the comprehensive plan only provides broad land use designations, such as "Places to Shop". Dragsten noted that the plan calls for development west and south of current growth edge. Dragsten asked about how the City will consider development east of that - is the City not going to allow development to the east? Fifield responded that when the City began the comp plan process, it was literally growing in all directions. One of the things that came out of the process was that the City needed to focus where development is going to grow and that the City needed to grow in directions that best serve the plan. While the plan doesn't prohibit growth to the east, the impetus of the plan is to encourage it to go west and south. The question for the City will be how hard a line in the sand will be drawn. While there maybe rationale to feed into the new easterly interchange, looking at all other goals of the plan, growth should be channeled west and south. Dragsten stated that he understands that, but given the dramatic slowdown in residential growth, he wouldn't want to discourage anyone from reading the plan 4 Planning Commission Minutes - 04/30/08 and not developing in this area. Fifield stated that whether growth can occur to the east depends on how strong the language in the plan. Fifield stated that it may be helpful to the Commission to view the plan as not set in stone. In the implementation strategies of the plan, it is recommended that the comp plan be annually updated. Dragsten asked about marking the Camp Manitou area as Park. He inquired if that limits the property owner, and perhaps the land use should be something else. Fifield stated that consistently throughout the comp plan, it refers to this area as park. Doing so reflects accurately the input that has been given throughout the process. If those things change, then the City can call for an amendment for the designation to be something different. However, given the direction to-date, the objective for the YMCA land to be designated as park is still valid. Spartz stated that he comfortable leaving it. Gabler stated that she is comfortable with that as well, as it is an initiative proposed at this time. Fifield noted that it is still aquasi-public camp. By designating it as park, if the City finds it can't achieve it park goals, it will need to consider how best to use that property anyway. Now, this plan clearly recognizes a goal that the City has to make this a park. How Monticello would guide the area for a combination of uses will warrant future consideration. Dragsten stated he would like to see at as park, he is just concerned that by designating it as such, it can only be sold for park purposes. Fifield agreed that the plan does that. Hilgart asked if there is criteria for the wage per hour listings for major employers, as more recent major retail employers aren't listed. Fifield indicated that the information came from the Department of Employment and Economic Development website and as of the last review, those were current. Spartz suggested that perhaps those listed are full time employers. Fifield stated that he would confirm that listing. Spartz commented on the mixed use designation on Broadway. He stated that there has been quite a bit of talk about this area. He noted that he doesn't think the City will see the mixed use change overnight, but believes that designating this as mixed use is appropriate so that people are aware of the possible change. Voight commented that all throughout the plan, it was noted that the goal is to try to move Monticello toward achieving the vision, which is stated on page 1-1. However, Voight stated that the statement on page 1-1 doesn't feel like a vision. He stated that he doesn't know that he has the solution for that. Fifield stated that if there is something the Commission thinks is not relevant, we could take some time to develop what is. Fifield stated that vision is one of the things that the task force dealt with. The statement is intended to be things that Monticello aspires to be, but also includes holding on to positive qualities that it wants to preserve. Planning Commission Minutes - 04/30/08 Fifield stated that if there are statements that are more applicable, now is the time to address them. Chairman Dragsten opened the public hearing. Jeff Young, Monticello Township, addressed the Commission. He stated that page 3-4 of land use plan shows future industrial park in locations where the current landowners are concerned about that type of use as they are not sure what is going to go on and how it will affect their taxes. Dragsten stated that the City has looked at these areas in the past, and the City believes that they are appropriate locations for industrial property. He noted that nothing will happen in those areas until they are annexed to City and utilities are brought to the property. So taxes would stay the same. Young stated that these landowners haven't been notified about this land use change and they are concerned that this is going on. Young commented that this is agricultural land and the property owners would like to keep it that way. Dragsten explained that at some point in time, when landowners want to sell or be annexed, this is what the City believes the land use should be. Until then, it is still zoned agricultural through the County and taxed that way. Young referred to a comment made by the City Engineer in the Monticello Times about the "old downtown". Young stated that he would like to get a feeling from Commission about what that means. Dragsten asked what Young meant. Young responded that it seems as though the City intends to disregard the downtown as old in favor of new retail development. Dragsten stated that he didn't see article and doesn't want to comment on someone else's comments. Young stated being a township resident, he encourages the Commission not to recommend approval, as the township wants their property to remain agricultural. Hilary Hoglund, Big Lake, addressed the Commission and asked for clarification on some items. Hoglund asked for the definition of "Places to Shop"; is there a classification for type of shop. Hoglund commented that if land use is all governed by zoning, and the property on Broadway that her family owns is currently zoned PZM, then most of what can go in would need a CUP. Dragsten stated that was correct. Hoglund asked if someone wanted to look for a medical clinic, they would need commercial? Dragsten confirmed. Schumann clarified that the Hoglund property is designated in this plan as "Places to Shop". Under that designation, commercial uses can be considered. The property can also be rezoned to a commercial district. Hoglund stated that she is fine with the land use designation, but wanted the Commission be able to tell her that will be allowed to locate there. Dragsten. Dragsten clarified that comes down to zoning, which is currently PZM. 6 Planning Commission Minutes - 04/30/08 Shannon Bye, Monticello Township, spoke to the Commission. Bye noted that 2/3 of people in attendance are the same people who have attended the comp plan sessions throughout. Bye stated that it would have been nice to see a little more community participation. She stated that it is a shame that there is not a more diverse representation. Bye explained that this effort is supposed to be long term planning. If there are some concerns with the language, perhaps it is because there is too wiggle room. She questioned the City's conviction and belief in this document. Bye stated that this process presented the opportunity to resolve a number of issues in anon-partisan fashion. She noted that the City could have had lot of positive dialogues. However, the meetings were encumbering by personal issues. She stated that it would have been nice to see that overcome and see something that was a 21St century plan. Bye noted that this plan uses the 2000 Census, when things were very different. She stated that she is apprehensive adopting a plan using that information, and a plan that uses weak language. Dragsten referenced the 1997 comp plan and stated that the City started from there and worked forward. He responded that he believes that the City is looking into the future. As far as land use and wiggle room, the intention of this plan is to guide growth. It does not provide specific zoning for each area. He noted that the City will use this plan to develop ordinances that reflect the goals of this plan in stronger terms. Bye stated that this plan development process was an opportunity to be more unique. However, it seems that this plan uses the same old brush strokes. She stated that she wanted to be a part of the process because she doesn't feel the community is the same old and she wanted to be a part of creating an identity that is unique. Bye explained that she believes the City missed the opportunity to do something inventive. Spartz stated that he was involved in the whole experience and that he understands Bye's points. He inquired if she saw any plans presented that worked better. Bye commented that the transportation issues play such a crucial role, time should have been spend to address those issues. These issues should be fixed in a measure that would not necessarily be bogged down in an economic downfall. She suggested that Monticello is now in an economic hostage situation as it has done what everyone else has done. Spartz asked if Bye sees anything in this plan that is better than previous. Bye responded that it is a stepping off point. It is familiar but perhaps better. Hearing no further comments, Chairman Dragsten closed the public hearing. 7 Planning Commission Minutes - 04/30/08 Voight commented that he was trying to go back over vision and reword it, but he couldn't come up with anything better at this point. He stated that he think it's important to understand that the zoning ordinance will influence land use greatly. He stated that he likes the comp plan as presented specifically because it is flexible. Overall, it lays out a good plan that the City can work with within the zoning ordinance. Dragsten agreed. He stated that as the City reviews all ordinances to make sure they are aligned correctly, he think it will make the plan even stronger. Hilgart stated that he agreed with the way the future land use map is laid out. He suggested that much will also be determined by who wants to come to town. Spartz stated that the City doesn't have a lot of control over what comes in. His question is do we do more of a disservice by laying out a plan that is too loose. He indicated that he thinks the plan is consistent with the input that was provided and that it reflects much more vision than the past. He said that he also believes that the transportation issue is a very big part of the plan. Spartz stated that there is an alternative to require the completion of transportation as an additional chapter as part of the resolution of adoption. Gabler stated that she thinks it is a fair plan and that she believes everyone had input into this process. Dragsten indicated that he would like to see the land uses in the northwest portion of the community verified, and that he would like to discuss the limitations of growth for the east portion of the plan. He stated that he would also like a determination on how to address the transportation plan. Dragsten suggested that the plan be revised to remove the sentence "Under current conditions, there is not sufficient housing demand to support further expansion to the east." Spartz stated that his preference is that the transportation plan be completed before adoption, although he is not sure whole Commission would agree. Dragsten noted that completion of the transportation plan will not occur for a number of months. He stated that unless the Commission adopts the comp plan now, the City will be that much further behind. MOTION BY COMMISSIONER VOIGHT TO ADOPT A RESOLUTION SUPPORTING THE APPROVAL AND ADOPTION OF THE MONTICELLO, MINNESOTA 2008 COMPREHENSIVE PLAN SUBJECT TO THE NOTATIONS OF THE PLANNING COMMISSION AS IDENTIFIED BELOW: 8 Planning Commission Minutes - 04/30/08 • Completion and incorporation of the Transportation Plan Chapter as a critical component of the Plan. • Elimination of wording on page 3-22 stating "Under current conditions, there is not sufficient housing demand to support further expansion to the east." MOTION SECONDED BY COMMISSIONER GABLER. During discussion, the Commissioners inquired whether the motion should include any change to the northwest area land use designations. MOTION BY COMMISSIONER VOIGHT TO AMEND THE MOTION TO INCLUDE VERIFICATION OF NORTHWEST AREA EXISTING LAND USES ON FIGURES 2-2 AND 3-2. AMENDED MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED 5-0. 3. Consideration to set dates for sign ordinance amendment workshops. Schumann indicated that she would set a sign workshop for the 3'~ Tuesday of the months of May, June and September. 4. Adjourn. MOTION TO ADJOURN BY COMMISSIONER SPARTZ. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 5-0. 9 Planning Commission Agenda - 07/01/08 • 5. Continued Public Hearing: Consideration of a request for Variance from Chapter 3, Section 9 of the Monticello Zoning Ordinance regulating Signs. AppLcant: Scenic Signs (AS) REFERENCE AND BACKGROUND The applicant has requested withdrawal of the request for variance at this time. The applicant's request for variance related to the Liberty Tax wall sign, which was placed on the building located at 141 E. Broadway. The sign was originally recommended for approval by DAT. The applicant placed the sign, based on a miscommunication that they had received approval. However, upon application for sign permit (after the sign was already placed), it was determined that based on the total existing building signage, the new sign may have required a variance for excess square footage. As the Commission may recall, individual tenant signage for multi-tenant facilities is regulated comprehensively via the ordinance. It was believed that there was an existing CUP for comprehensive sign plan for the building. Upon further research, staff could find no record of an existing CUP for the building. For that reason, a new CUP will be processed in August. In a preliminary review of application materials, it has been determined that no variance for sign size will be needed with the new Conditional Use Permit. Therefore the a licant has withdrawn their on 'nal re uest and will roceed pP ~ q p with an application for CUP. ALTERNATIVE ACTIONS No action is needed at this time. Planning Commission Agenda - 07/01 /08 6. Public Hearing - Consideration of a request for Amendment to the Monticello Zoning Ordinance, Section 3-9, regulating signage for the purpose of promoting or selling a development project. Applicant: City of Monticello (AS) REFERENCE AND BACKGROUND City of Monticello staff is requesting that the Planning Commission consider a request to amend the sign ordinance for the purpose of adjusting the permitted versus conditional nature of development signage. Currently, the ordinance requires a conditional use permit for "signs for promoting and/or selling a development project" for commercial and industrial developments as follows: 3-9 ~EJ 3 (c) Signs for promoting and/or selling a development project: For the purpose of promoting or selling a development project of three (3) to twenty-five (25) acres, one sign not to exceed one hundred (100) square feet of advertising surface may be erected on the project site. For projects of twenty-six (26) to fifty (SO) acres, one or two signs not to exceed two hundred (200) aggregate square feet of advertising surface may be erected. For projects over fifty-one. (SI) acres, one, two, or three signs not to exceed three hundred (300) aggregate square feet of advertising surface may be erected. No dimension shall exceed twenty-five (25) feet exclusive of supporting structures. Such signs shall not remain after ninety-five (9S) percent of the project is developed. Such sign permits shall be reviewed and renewed annually by the City Council. If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when the model homes or other developments are open for business purposes. Staff believes that this type of use is actually more appropriate as a permitted use. Construction and individual property sale signs are already allowed under permitted uses. The use of signage for the sale of development properties use would be consistent with those provisions, based on the size and scale of typical development projects. Amending the code to allow these types of signs as permitted uses streamlines the process for those seeking to promote or market their development project. As a practical matter, signs of this nature exist in many locations throughout the community without conditional use permits, as many developers are unaware of this requirement. Planning Commission Agenda - 07/01/08 Staff is suggesting a move of the clause to the permitted section of the ordinance, 3-0[B] 1.(j) to make the adjustment from conditional to permitted use. Staff is also recommending one change to the ordinance language itself, which would delete the requirement that these signs be reviewed and renewed annually by the City Council. Staff believes an annual review by the Zoning Administrator is appropriate for a permitted use activity. It should be noted that these signs must still be processed through the City's sign permit application through the Building Department. The Building Department will be working to permit those signs already in existence, many of which have never received sign permits. ALTERNATIVE ACTIONS 1. Motion to recommend approval of the amendment to the Monticello Zoning Ordinance, Section 3-9 as proposed, based on a finding that signage for the purpose of promoting or selling a development project is consistent with permitted use sign activities. 2. Motion to recommend denial of the amendment to the Monticello Zoning Ordinance, Section 3-9 as proposed, based on a finding that signage for the purpose of promoting or selling a development project is inconsistent with permitted use sign activities. 3. Motion of other RECOMMENDATION Staff recommends alternative 1 above. The proposed amendment simplifies the process for allowing development projects to promote their properties in a reasonable manner. Additionally, the existing code language provides acceptable guidelines for size, location and lighting of these signs. SUPPORTING DATA 1. Current Sign Ordinance 2. Proposed Resolution of Amendment • ~~ whereupon mining is to occur and repairing the degradation of roadways used to transport soils. Subject to the terms of an approved subdivision development agreement or conditional use permit, a grading permit allowing mining shall be issued by the City Engineer and Ciry Building Official. Upon application for a grading permit for mining, a fee for grading permit shall be paid to the City by the applicant. Such fee shall be determined by City Council resolution. (#322, 4/12/99) 3-9: SIGNS: [A] PURPOSE: This subdivision is established to protect and promote health, safety, general welfare, and order within the city of Monticello through the establishment of a comprehensive and impartial series of standards, regulations, and procedures governing the type, numbers, size structure, location, height, lighting, erection, use and/or display of devices, signs, or symbols serving as a visual communication media to persons situated within or upon publicright-of- ways or properties. The provisions of this subdivision are intended to encourage opportunity for effective, orderly communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate use of communication facilities. ~- _~ [B] PERMITTED AND PROHIBITED SIGNS: 1. PERMITTED SIGNS: The following signs are allowed without a pei~tut but shall comply with all other applicable provisions of this subdivision: (a} Public signs (b) Identification signs: There maybe one (1) per premise not to exceed two (2) square feet in area. If the sign is freestanding, the total height may not exceed five (5) feet. (c) Integral signs (d} Political campaign signs: Shall not exceed twelve {l2} square feet in all other zoning districts. Every campaign sign must contain the name and address of persons responsible for such sign, and that person shall be responsible for its removal. Signs shall remain in place for no longer than five (5) days after the election for which they are intended. All signs shall be confined to private property. The City shall have the right to remove and destroy unsightly signs or remove signs after the five {5) day limit and assess a fee of five dollars ($5.00) per sign for removal. (e) Holiday Signs: Displayed for a period not to exceed thirty (30) days. 3/4b (f} Construction Signs: Such signs shall be confined to the site of the construction, alteration, or repair, and shall be removed within two (2) years of the date. of issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the City Building Inspector or his agent. One (1) sign shall be permitted for each major street the project abuts. No sign may exceed fifty (SQ) square feet. (g) Individual Property Sale or Rental Signs: Signs must be removed within fourteen (14) days after sale or rental of property. Signs may not measure more than four (4) square feet in "R" districts, nor more than twenty (20) square feet in all other districts. There shall be only one (1) sign per premise. Corner properties, however, may contain two (2) signs, one (1) per frontage. (h) Information/Directional Signs: Shall not be larger than ten (10) square feet and shall conform to the location provisions of the specific district. (i) Portable Signs (as defined in Section 3-9.(B).2.(e).i} Such signs shall be subject to the following requirement: 1. The signs shall be allowed only within the CCD, Central Community Zoning District. 2. The signs shall occupy the public or private sidewalk area within five (5) feet of the entryway of the business it serves. 3. The placement of the signs shall not impede pedestrian or vehicle circulation. If on the public sidewalk, such signs shall be placed so that no less than six feet of sidewalk is available far passing of pedestrians. 4. The signs shall display messages oriented toward pedestrians. The signs shall nat have electrical connections, nor include any lighted or moving component. The display of such signs shall be limited to the hours of the business it serves. 7. The signs shall be constructed of wood or other materials determined acceptable by the City. Color and design shall meet the design guidelines for the CCD zoning district, and shall not be composed of "flourescent" colors. 8. The maximum size of such signs shall be no greater than five (5) feet in height and six (6} square feet in area and must comply with all other regulations of this ordinance. 3/47 9. Any sign placed under this section shall infer an indemnification of the City of Monticello by the owner of the sign for any liability or claim made involving the sign or sign location. 10. No such sign shall be connected or attached to any public structure, including light poles, traffic control devices, public street furniture, utility equipment, or other such facility. (#403, 11/10/03) 2. PROHIBITED SIGN5: The following signs are specifically prohibited by this paragraph. {a) Any sign which obstructs 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 ar signal, except for private, on-premises directional signs. {c) Any sign which moves or rotates. Exempt are time and temperature information and barber poles. (d) Any sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners, or similar devices, except in case of Subsection [C], Paragraph 4. (e} Portable signs as defined in i below and other attention-getting devices as defined in iii-v below, except as allowed in Section 3-9.(B). 1 (i) and as provided for in Subsection [C], Paragraph 4. (#403,11/10/03} i. Portable signs shall be defined as an advertising device not permanently attached to a building, facade, or pylon. ii. Banners shall be defined as fabric, paper, vinyl, or similar material which carries a specific message and which can be hung on a wall, facade, awning, canopy, suspension cable or wire, etc. iii. Streamers/Pennants shall be defined as flags, triangular pennants, spirals, spinners, etc., attached in series to a single cord or support line which is then strung or suspended from point to point. iv. Inflated devices shall be defined as inflatable devices which may be stationary or airborne (hut tethered) which are intended to attract attention to a specific location or site. v. Searchlights -self defining. (#150, 5/27!86) • 3/48 (fj Signs which are attached in any manner to trees, fences, utility poles, or other such permanent supports, except for those signs found on fences (inside} of baseball parks. (g} Advertising signs of 200 square feet or more in place on or before June 23, 1980, and which are the principal use of the lot of record as of the above date and which have an agreement on file with the City on or before August 23, 1980, in the form so designated by the City Administrator, which is signed by the property owners and the advertising sign owners and all signatures notarized, may continue as anon- conforminguseuntil such time as the lot of record above is developed or improved, in which case, the non-conforming advertising sign must be removed within 60 days after written notice from the Building Official. (h) Advertising signs as defined in Chapter 2 of this ordinance of 199 square feet or less in area, except that those signs which were in place on or before 8/15/75 may continue as anon-conforming sign. (i) Except for Electronic Message Board Signs as allowed in Section 3 [E]4.{f). No sign shall display any moving parts, nor shall it be illuminated with any flashing or internuttent lights, nor shall it be animated. Exempt are time and temperature information and barber poles. All displays shall be shielded to prevent light to be directed at on- coming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal. (1/10/00, #340) (j) Roof Signs. (k) Projecting Signs except as hereinafter provided. {#334, 9/13/99) [C] GENERAL PROVISIONS: 1. AIl signs shall comply with Maintenance Section 5-305 of the 1970 Edition of Volume V of the Uniform Building Code as promulgated by the International Conference of Building Officials. 2. When electrical signs are installed, the installation shall be subject to the City's Electrical Code. 3. No signs o#her than governmental signs shall be erected or temporarily placed within any street right-of--way or upon any public lands or easements orright-of--ways. 4. The temporary use of portable signs, decorative attention-getting devices, and searchlights shall require an annual or daily permit. 3/49 (a) An annual permit for portable signs, as defined herein, shall be granted for a maximum period of forty (40) days per calendar year. As a condition of the annual permit, applicant shall maintain a daily record of the use of portable signs on a farm provided by the City. (#238, 6/14/93)(#150, S/27/86) (b) A permit for decorative attention-getting devices shall be issued for a maximum period often (10) days with a minimum period of one hundred eighty (180} days between consecutive issuance of such permits for any property or parcel. (c) All portable signs and attention-getting devices must be well maintained and kept in good repair at all times. The Building Official shall order the immediate removal of any device considered to be damaged or in poor condition. Non-compliance shall be just cause for revocation of the permit without refund. (d) All portable signs and attention-getting devices shall be allowed only on the property or site where the business or enterprise is situated. No placement shall be allowed on public rights-of--way. (e) All portable signs and attention-getting devices shall be on ground level except that banners and streamers maybe affixed to a building, facade, permanent pylon sign, or other permanent fixture. Airborne inflatable devices shall be tethered on site. (f} Not more than two (2} portable signs shall be displayed at the same time. (g) Not more than two (2) attention-getting devices shall be permitted to be displayed in conjunction with any portable sign. (h) A decorative attention-getting device may bear the name of the business, but shall not bear any service, product, price, etc., advertising message. (i) Permit fees shall be set by the City Council and shall be payable upon application for said permit. (#150, 5/27/86) {j) Public banners may be hung from city street light fixtures for a period of up to one (1) year. Design and placement of the public banners shall be consistent with the following standards: 1. Design and placement of public sign/decorative banners must frst be approved by the City Council and annually thereafter. Prior to Council consideration, applicant shall submit a banner placement plan which shows proposed banner design, size, pole location/elevation, duration, and 3/SO proposed manner by which the banners shall be hung. Banner placement plan shall also describe financing sources for purchasing and installing public banners. 2. Public banners may be hung from parking lot light fixtures or from other structures on private property only in conjunction with a City Council approved public banner system. Except for requirements outlined in section 4.(j) of this ordinance, said banners are exempt from sign regulations. The City shall not participate in financing any portion of the cost of public banners placed on private property. City crews may assist with the installation of public banners placed on private property if compensated at actual cost to install banners. 3. Except for Christmas banners, all banners shall contain an element of the City colors and/or City logo. No private advertising maybe allowed on any banner hung in conjunction with a public banner system. 4. Public banners hung from streetscape fixtures shall be nv larger than 14" by 45". Banners hung from standard street lights shall be no larger than 28" by 80". Public banners shall not be hung in a position that will cause a isin substantial obstruction of visibility from the street to advert g, traffic, and directional signs and shall not be hung in a position so as to interrupt corner sight lines. 6. Public banners may be hung only on alternate streetscape fixtures unless otherwise approved by Council. 7. Banners placed on City fixtures shall become the property of the City. If damaged or in need of repair, banners may be removed by City staff. The public banner system may be discontinued, and all banners, including those on private property, maybe ordered removed at the discretion of the City Council. 8. The bracket system used to hang banners shall be of sufficient strength to withstand strong winds and shall be designed in a manner that allows easy installation and removal of banners. 5. All signs shall display in a conspicuous manner the owner`s name, permit number, and date of erection. b. All height restrictions on signs shall include height of sign structure. • 3/51 7. In any district, any portion of any sign exceeding two (2) square feet shall be set back a distance equal to fiftypercent (50%) of the required building setback for that district as defined in Section 3-3 [C] of the Monticello Zoning Ordinance, as maybe amended. (#269, 5/8/95} 8. Any sign now or hereafter existing which no longer advertises, or identifies a bona fide business conducted, or a service rendered, or a product sold, shall be removed by the owner, agent, or person having the beneficial useand/or control of the building or structure upon which the sign may be found within ten (10) days after written notice from the Building Inspector. 9. The City of Monticello or its agent is authorized and xequired by this ordinance to enter into an agreement with the United States or any of its agencies or deparhnents to the end that the objective stated in Title 23, United States Code, Section 131, Section 319, or any other applicable federal statute to obtain non-conforming signs along the Great River Road within the city of Monticello. However, the City of Monticello or its agent shall not be required, nor allowed, to expend funds for the acquisition ofnon-conforming signs or advertising devices under this chapter until federal funds in the amount of 75% or mare to his acquisition cost are made available to the City of Monticello for the purpose of carrying out this ordinance. Na sign nor advertising device legal under Laws 1971, Chapter 883, shall be required to be removed or relocated until payment, as provided in Laws 1971, Chapter 883, is tendered by the City of Monticello. 10. Signs may be located on conforming fuel station pump island canopies. Such signs shall be considered as wall signs, and shall be regulated in the same manner as any other wall signs on the property. (#247, 3/14/94} [D] NON-CONFORMING SIGNS: 1. The following are non-conforming signs: (a} Off-premise signs, except signs located inside ball parks and on bus benches. (b) Prohibited signs. (c} All other signs not expressly prohibited but which do not conform to the provisions of this subdivision. 2. Anon-conforming sign may not be: (a) Changed to another non-conforming sign. 3/52 (b) Structurally altered except to bring into compliance with the provisions of this subdivision. (c) Expanded. (d) Re-established after its removal for thirty (30) days. (e} Re-established after damage of more than fifty (50) percent of sign replacement cost except to bring into compliance. 3. All non-conforming and prohibited signs shall be removed or brought into conformity with this ordinance after notification in writing within the following time period. (a} Any sign in violation of the prohibited signs as defined in [B] 2: Thirty {30) days (exception: advertising signs, five (5) years). (b) For alI other non-conforming signs: five (5) years. 4. Notwithstanding any other requirement in Section 3-9 of this Ordinance to the contrary, off-premise or advertising signs may be relocated as follows: (a) This section shall apply exclusively to off-premise advertising signs of 200 square feet or greater that have a specific, written, fee or Leasehold interest in the property on which they are currently Located, and which are required to be removed pursuant to City acquisition as part of a City utility or road project. (b) Such signs may be relocated to another part of the same parcel on which they were located at the time of the acquisition by City Council resolution. {c) Such signs may be relocated to another vacant parcel subject to the application for and approval of an Interim Use Permit per the requirements of the Monticello Zoning Ordinance. (d) In addition to any other requirements or restrictions deemed appropriate by the City Council, the owner of such relocated sign under (b) or (c) above shall not enter into any lease that extends the duration of such sign beyond the soonest termination date to which the sign is subject at the time of the relocation. Upon such date, the relocated sign shall be removed and shall not be re- established within the City limits of the City of Monticello. (e) The owner of any sign relocated pursuant to this section shall enter into an agreement with the City of Monticello providing for 3/53 the date of removal and the terms of any lease or other contract governing the relocation. (#423, 4/12/05) [E] DISTRICT REGULATIONS: The following sections concern signs which requixe application and permit. 1. Within the A-O, R-l, R-2, R-3, R-4, PS and PZR districts, signs are subject to the following size and type regulations: (a) Institutional or area identification signs, provided that the gross square footage of sign area does not exceed eighteen (18) square feet, and if the sign is freestanding, the height does not exceed eight (8) feet. (b) Public Signs (as defined in Section 2-2[P7]. Such signs shall be subject to the following requirements: 1. Any public sign for civic interest groups within the City of Monticello shall have a face area no larger than 18" x 24". 2. Civic interest groups within the City of Monticello may, at the discretion of the Council, have up to three off-site directional signs. 3. Any public sign for a civic interest group within the City of - ~ Monticello shall be green in color with white lettering only. (#460A, 5/29/07) (c) In the PS District two institutional identification signs not exceeding a total of 75 square feet and eight (8) feet in height are allowed in addition to the institutional or area identification sign identified in Section 3-9jE]la.. (#314, 8/10/98)(#447,5/22/06} 2. Within the PZM, B-1, B-2, B-3, B-4, CCD, I-l, I-lA, and I-2 districts, signs are subject to the following size and type regulations: (#298, 10/13/97) (#334, 9/13/99} (a) Within the PZM and B-1 districts, the maximum allowable square footage of sign area per lot shall not exceed the sum of one (1) square foot per front foot of the building plus one (1) square foot for each front foot of lot not occupied by a building, up to one hundred (100) square feet. Each lot will be allowed one (1) pylon or freestanding sign and one (1) wall sign or two (2} wall signs total. (b} For buildings in which there is one (1) or two (Z) business uses within the B-2, B-3, B-4, CCD I-1, I-lA, and I-2 districts, and for buildings used for commercial retail activities located within a PZM district and located on property adjacent to B-2, B-3, 3/54 B-4,CCD, I-1, I-lA, or I-2 districts, there shall be two (2) options for permitted signs, as listed below in 2{b}i and 2(b)ii. The property owner shall select one option, which shall control sign development on the property. (#29$, 10/13/97} (#334, 9/13199) i. Option A. Under Option A, only wall signs shall be allowed. The maximum number of signs on any principal building shall be six sign boards or placards, no more than four {4) of which may be product identification signs. Signs may be displayed on at least two walls, or equal to the number of streets upon which the property has legal frontage, whichever is greater: Each wall shall contain no more than two product identification signs and two business identification signs. The total maximum area of wall signs shall be determined by taking twenty percent (20%) of the gross silhouette area of the front of the building up to three hundred (300) square feet, whichever is less. If a principal building is on a comer lot, the largest side of the building may be used to determine the gross silhouette area. Far purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be ~._,, defined as that area within an outline drawing of the principal building as viewed from the front lot line or from the related public street(s). ii. Option B. Under Option B, a combination of wall signs and a maximum of one {1) pylon sign may be utilized. The total number of business identification signs allowed (whether wall or pylon) shall be at least two (2), or equal to the number of streets upon which the property has legal frontage, whichever is greater. Only two product identification signs shall be allowed, and these wall signs maybe only on one wall. The total maximum allowable sign area for any wall shall be determined by taking ten percent (10%) of the gross silhouette area of the front of the building up to one hundred (100} square feet, whichever is less. The method far determining the gross silhouette area shall be as indicated in Subd. 2.(b}i. Above. Pylon signs shall be regulated as in Subd. 4 below. For single or double occupancy business structures, the total maximum allowable signage on the property shall be three hundred (300) square feet. For multiple occupancy structures, the total maximum allowable signage on the property shall be as detei7nined under Subd. 3 below. 3/55 (#272, 06/26/95} (#230, 06!22/92} (#247; 03/14/94) (#265, 12/12!94) 3. Conditional Uses in Commercial and Industrial Districts: The purpose of this section is to provide aesthetic control to signage and to prevent a proliferation of individual signs on buildings with three (3) or more business uses. The City shall encourage the use of single sign boards, placards, or building directory signs. (a) In the case of a building where there are three (3} or more business uses, but which, by generally understood and accepted definitions, is not considered a shopping center or shopping mall, a conditional use shall be granted to the entire building in accordance with an overall site plan under the provisions of Option A or Option B (described in 2 (b) i and ii above) provided that: The owner of the building files with the Zoning Administrator a detailed plan for signing illustrating location, size in square feet, size in percent of gross silhouette area, and to which business said sign is dedicated. ii. No tenant shall be allowed more than one sign, except that in the case of a building that is situated in the interior of a block and having another building on each side of it, one sign shall be allowed on the front and one sign shall be allowed on the rear provided that the total square footage of the two signs does not exceed the maximum allowable square footage under Option A or Option B described in 2(b}i and ii above. iii. No individual business sign board/placard shall exceed twenty-five percent (25%} of the total allowable sign area. iv. An owner of the building desiring any alteration of signs, sign location, sign size, or number of signs shall first submit an application to the Zoning Administrator for an amended sign plan, said application to be reviewed and acted upon by the Zoning Admiiustrator within ten (10) days of application. If the application is denied by the Zoning Administrator, the applicant may go before the Planning Commission at their next regularly scheduled meeting. v. In the event that one tenant of the building does not utilize the full allotment of allowable area, the excess 3/Sb may not be granted, traded, sold, or in any other way transferred to another tenant for the purpose of allowing a sign larger than twenty-five percent (25%} of the total allowable area for signs. vi. Any building identification signor building directory sign shall be included in the total allowable area for signs. vii. Any sign that is shared by or is a combination of two or more tenants shall be considered as separate signs far square footage allowance and shall meet the requirements thereof. viii. All signs shall be consistent in design, material, shape, and method of illumination. (b} In the case of a building where there are two (2) or more uses and which, by generally understood and accepted definitions, is considered to be a shopping center or shopping mall, a conditional use permit may be granted to the entire building in accordance to an overall site plan indicating their size, location, and height of all signs presented to the Planning Commission. (#396,7/28/03) A maximum of five percent (5%) of the gross area of the front silhouette shall apply to the principal building(s) where the aggregate allowable sign area is equitably distributed among the several businesses. In the case of applying this conditional use permit to a building, the building may have one (1) pylon or freestanding sign identifying the building which is in conformance with this ordinance. For purposes of determiiung the gross area of the silhouette of the principal building(s), the silhouette shall be defined as that area within the outline drawing of the principal building{s) as viewed from the front lot line or from the related public street(s). For shopping centers of greater than one hundred fifty thousand (150,000) square feet of aggregate building square footage and greater than twenty (20) acres in site area, two freestanding signs may be permitted under this section, The applicant may construct two pylon-style signs in conformance with this ordinance, or in the alternative, may construct one pylon-style and one monument- style sign, When this Latter option is chosen, the monument sign shall be no greater than eighteen {18} feet in height nor more than one hundred (100) square feet in area, and the pylon may be no greater than fifty (50) feet in height and four hundred (400} square feet in area. (#396, 7/28/03) 3/57 (c} Signs for promoting and/or selling a development project: For the purpose of promoting or selling a development project of three (3) to twenty-five (25) acres, one sign not to exceed one hundred (100} square feet of advertising surface maybe erected on the project site. For projects of twenty-six (26) to fifty (50) acres, one or two signs not to exceed two hundred (200) aggregate square feet of advertising surface maybe erected. For projects over fifly- one (51 }acres, one, two, or three signs not to exceed three hundred (300) aggregate square feet of advertising surface maybe erected. No dimension shall exceedtwenty-five (25) feet exclusive of supporting structures. Such signs shall not remain after ninety-f ve (95} percent of the project is developed. Such sign permits shall be reviewed and renewed annually by the City Council. If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when the model homes or other developments are open for business purposes. 4. Pylon Sign: The erection of one (1) pylon sign for any single lot is allowed under the following provisions: (a) Location: No pylon sign shall be located closer to the pxoperty line than as allowed in Section 3-9 [C] 7. In the case of a corner lot, both sides fronting on a public right-of--way shall be deemed the front. (#269, 5/8/95) (b} Parking Areas, Driveways: No part of the pylon signs shall be Less than five (5) feet from any driveway or parking area. (c) Area, Height Regulations: SPEED AREA HEIGHT ROAD CLASSIFICATION (MPH) (SQ FT) FEET Collector 30 25 16 35 50 20 40 100 24 Major Thoroughfares 30 50 18 35 100 22 40 125 24 45 150 26 50 175 28 Freeways and Expressways 55 200 32 and above 3/58 Highway 25 NA 50- 22 100 i. In the case of subject property directly abutting State Highway 25, pylon sign area may range from 50 sq ft to 100 sq ft depending on total lineal feet fronting Highway 25. 3.03 feet of pylon sign area is allowed per every 10 feet of lineal frontage with the following exceptions: 1} all properties may erect a pylon sign with a sign area of 50 regardless of front footage abutting Highway 25, and 2} the maximum pylon sign area shall not exceed 100 sq ft regardless of total lineal footage of property abutting Highway 25. (#173, 4/10/89) (d} Definitions: Definitions of road classifications apply as defined by the official comprehensive plan as adopted. (e) Application: The level at which the sign control system applies is determined by the type of road, as defined above, which directly abuts the subject property. i. In the case of subject property directly abutting more than one (1}road, each designated by a different road classification type, the Less restrictive classification shall apply in determiiung sign area and height. ii. Actual sign height is determined by the grade of the road from which the sign gains its principal exposure. iii. Area as determined by the formula under 3 (c) above, applies to one (1) face of a two (2) faced pylon sign, or two (2) faces of a four (4) faced sign, etc. iv. A bonus allowing "freeway standard signs" (200 sq ft in area and 32' high) in a commercial or industrial area is available to a1I businesses Located within 800 feet of a freeway but do not abut a freeway. (f) Electronic Message Boards maybe allowed in the B-3 and B-4 Zoning Districts and on those parcels within the CCD Zoning District which have direct frontage on Trunk Highway 25 south of 4`'' Street, as a part of the freestanding or pylon sign display provided that: The sign complies in all other respects with the sign regulations of the Zoning Ordinance. • 3/59 ii. The sign does not create a traffic hazard or a nuisance. • iii. The sign does not flash its message, although continuous scrolling text is allowed. iv. The sign meets all requirements of the City's Building and Electrical Codes. v. The sign does constitute a separate or additional freestanding sign support structure. The sign must be otherwise allowed under this ordinance as a pylon sign or must be a part of an allowed pylon sign plan as defined herein. vi. The electronic message board portion of the sign does not constitute more than fifty percent (50%) of the allowable pylon sign area, or seventy (70) square feet, whichever is less. (#340, 1110/00) • (g) In the B-3 Zoning District only, certain parcels maybe allowed to construct a second freestanding sign on the property when the following conditions are complied with: i. The property directly abuts Interstate 94 and one other collector (or higher) status street. ii. The property in question is no less than two (2) acres in azea. iii. The second freestanding sign shall be located no closer than three hundred (300) feet from the first freestanding sign on the same property. iv. Only one of the two freestanding signs may be located within any yard (front, rear, or side) of the property. This clause shall be interpreted to mean that each sign shall be required to have a separate roadway as its primary exposure. v. Where two freestanding signs are allowed, the sign that fronts on the road which serves as the primary access shall be of a monument design, with a maximum height often {10) feet and a maximum square footage of sixty (60} square feet. • vi. Where two freestanding signs are allowed, the sign that fronts on the freeway exposure shall conform to the provisions of Section 3 [E] 4.(c) above. 3/60 This section shall not be applied to the calculations for signage when an applicant is seeking development design flexibility under the City's Planned Unit Development provisions. viii. Both signs allowed under this subsection shall meet all other applicable provisions of the Monticello Zoning Ordinance, (6/11101, #361) 5. Address Numbers Sign: DELETED (3/24/08, #476) 6. Projecting Signs: Projecting signs shall be permitted within the CCD District but only in the "Broadway Downtown District" thereof as defined by the Monticello Downtown and Riverfront Revitalization Plan. Only one (1) projecting sign may be erected per business, with no more than two {2) such signs erected per building, subject to the following conditions: Projecting signs: (a) Shall be only business identification signs. (b) Shall be fronting on a public street. (c) Shall not exceed six (6) square feet in area. (d) Shall be considered a wall sign for the purposes of maximum allowable sign area. (e) The edge of the sign closest to the building must be no farther than 12 inches away from the building. {f) May extend over the public sidewalk, but shall not extend closer to the public street than to within 3 feet from the backside of curb. (g) Shall be at least 8 feet but not more than 12 feet in height above walking surfaces or sidewalks. (h) Shall not be internally illuminated, but may be externally illuminated. (#334, 9/13/99) [Fj FEES AND LICENSE: 1. FEES: (a) Payment Fees: The permit fee and other fees and charges set forth in this ordinance shall be collected by the City before the issuance of any permits, and the City Administrator, Building Inspector, or other persons duly authorized to issue such permit for which the payment of a fee is required under the provisions of this 3/61 subdivision may not issue a permit until such fee shall have been paid. (b) Double Fees: If a person begins work of any kind for which a permit from the City is requixed without having secured the necessary permits therefore either previous to or on the date of commencement of such work, he shall, when subsequently securing such permit, pay double the fee provided for such permit or is subject to the penalty provisions of this ordinance. (c) Fees Required: Sign applications and subsequent fees will be required for alI signs which do not appear in Chapter 3, Section 9 [B] (permitted and prohibited signs}. Fees shall not be required for repairs of signs and sign structures. (d) Initial Fee: The initial fee shall be determined based upon the cost of the sign from a fee schedule adopted by the City Council. ii. All sign applications must be accompanied by proof of contract and purchase price. (e) Special Permit Fees: Special permit fees shall be assessed for all `~ attention seeking devices as described in Section 9, Subsection [CJ, paragraph 4 of this chapter. The fee shall be five dollars ($5.00} for each permit. 3-I0: ADULT USES: [A] PURPOSE: The purpose of Section 3-10: Adult Uses is to provide the opportunity for operation and establishment of adult land uses while providing controls that limit negative impacts of adult uses on residential and commercial areas. [B] GENERAL: Adult use as defined in this ordinance shall be subject to the following general provisions: Activities classified as obscene as defined by Minnesota Statute 617.241 are not permitted and are prohibited. 2. Adult uses, either principal or accessory, shall be prohibited fronn locating in any building which is also utilized for residential purposes. 3. An adult use which does. not qualify as an accessory use shall be classified as an adult use/principal. 4. Zoning Controls and District Text Application: 3/62 Planning Commission Agenda- 07/01/08 r~ ~~ EX~IIBTT B. ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING SIGNAGE FOR THE PURPOSE OF PROMOTING/SELLING A DEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS: Section 1. Section 3-9[E] 3 of the Monticello Zoning Ordinance is hereby amended as follows: (c) > , u ~ ~ o'C 1 7 ~7~H °y"rccrZ~y ~41a~ yYV ~ ~+ .~.,, ,,..,,,.~~ .~.,. ~~___~___ ~____ _______~ __ . _ \_ _ ~ r '.1 1' 1,+ ~l '4 1, 11 L. 'il .,+o.l .,1~ ' 41. t- 1, 1, ' rT~ 1.1 •~'Iri a' P Section 2. Section 3-5 [B] 1 of the Monticello Zoning Ordinance shall be amended with the creation of subsection (j) as follows: (j) Signs for promoting and/or selling a development project: For the purpose of promoting or selling a development project of three (3) to twenty-five (25) acres, one sign not to exceed one hundred (100) square feet of advertising surface maybe erected on the project site. For projects of twenty-six (26) to fifty (50) acres, one or two signs not to exceed two hundred (200) aggregate square feet of advertising surface maybe erected. For projects over fifty-one (51) acres, one, two, or three signs not to exceed three hundred (300) aggregate square feet of advertising surface maybe erected. No dimension shall exceed twenty-five (25) feet exclusive of supporting structures. Planning Commission Agenda- 07/01/08 Such signs shall not remain after ninety-five (95) percent of the project is developed. Such sign permits shall be reviewed annually by the Zoning Administrator. If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when the model homes or other developments are open for business purposes. Section 3. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Monticello, Minnesota on the day of 2008. CITY OF MONTICELLO By: Mayor Clint Herbst ATTEST By: Jeff O'Neill, City Administrator • 2 Planning Commission Agenda - 07/01 /08 • 7. Public Hearing - Consideration of a reauest for Conditional Use Permit for a Sign Promoting or Selling a Development Project. Applicant: Nelson Building 7 Development (AS) REFERENCE AND BACKGROUND In the previous item, the Planning Commission was asked to consider an amendment to the Zoning Ordinance which would allow signs for the purpose of selling and/or promoting a development project as a permitted use. Should the City approve the proposed amendment, the following item becomes void. However, as both of these requests will be forwarded to the City Council for final decision, the Planning Commission is asked to review and recommend on this item. Nelson Building & Development is requesting a conditional use permit to allow the placement of two 100 square foot development sale signs on the privately- owned commercial development portion of Otter Creek Crossings.. As noted previously, the type of sign requested is currently allowed by conditional use permit for commercial and industrial developments pursuant to terms described in the ordinance. • The two signs proposed by Nelson Development meet the maximum square footage requirements based on the total acreage of the development property (38.17 acres). Up to two signs totaling a maximum of 200 square feet are allowed by ordinance. The materials provided by the applicant do not indicate that these signs will be lit. An illustration of the proposed sign locations is provided for reference. The ordinance requires that the signs be set back half the distance of the required setback provisions for the district. In this case, the property is zoned B-4. The B- 4 District has a zero setback requirement. Therefore, these signs will be required to be setback equivalent to the drainage and utility easement in place at those locations. If the ordinance amendment or conditional use permit is approved, the applicant will be required to apply for a sign permit through the Building Department. ALTERNATIVE ACTIONS 1. Motion to recommend approval of Conditional Use Permit for a Sign Promoting and/or Selling a Development Project for Nelson Building & • Planning Commission Agenda - 07/01/08 Development, contingent on the conditions listed in Exhibit Z, based on a finding that the proposed signage meets the ordinance requirements. • 2. Motion to recommend denial of Conditional Use Permit for a Sign Promoting and/or Selling a Development Project, based on a finding to be made by the Planning Commission. 3. Motion of other RECOMMENDATION Staff recommends alternative 1 above. The signs proposed by the applicant are consistent with the allowances of the code. SUPPORTING DATA A. Location Map B. Applicant Narrative C. Proposed Signage D. Proposed Placement Illustration • EXHBIIT Z Conditions of Approval Nelson Building & Development CUP 1. The development signs proposed shall be setback equivalent to the drainage and utility easement. 2. The applicant is required to apply for and receive a sign permit for the proposed signage. 3. In compliance with the provisions of the code, the signage is to be removed after 95% of the project is developed. • W R. ~. ~*- _ 8r Development, LLC Conditional Use Permit Narrative Nelson Realty &t Development is seeking a conditional use permit as required by the City of Monticello sign ordinance to install (2) real estate for sale signs on the property. Each sign will be shaped like a V. Total SF of each sign material will be less than 100 SF per sign. Refer to the attached site plan for sign placement location and the attached picture for additional sign information. The subject property is roughly 40 acres of vacant land. 763-682-1818 • Fax 763-682-3053 • 2 Division Street E., Suite 201, Buffalo, MN 55313 • www.nelsonbuilding.com ~; '#~ , w . s. 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