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07-25-2017HOPKINS PLANNING AND ZONING COMMISSION AGENDA Tuesday, July 25, 2017 6:30 pm THIS AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF PLANNING AND ZONING COMMISSION MEETING I. CALL TO ORDER II. ADOPT AGENDA III. OPEN AGENDA – PUBLIC COMMENTS/CONCERNS IV. CONSENT AGENDA 1. Minutes of the June 27, 2017, Planning & Zoning Commission V. PUBLIC HEARING VI. OLD BUSINESS VII. NEW BUSINESS 1. Planning Application 2017-06-TA: Alternative Energy Systems 2. Planning Application 2017-7-TA: Sign Ordinance Update VIII. ANNOUNCEMENTS 1. 2040 Comprehensive Plan Update – Cultivate Hopkins 2. Planning Application 2017-05-TA: Pawn, Coin and Currency Exchange Zoning Amendment Discussion IX. ADJOURN UNOFFICIAL PLANNING & ZONING COMMISSION MINUTES June 27, 2017 A regular meeting of the Hopkins Planning & Zoning Commission was held on June 27, 2017, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Laura L. Daly, Brian Hunke, Emily Wallace-Jackson and James Warden. Also present was City Planner Jason Lindahl. CALL TO ORDER Chair Hunke called the meeting to order at 6:30 p.m. ADOPT AGENDA Commissioner Daly moved, Commissioner Warden seconded, to adopt the agenda. The motion was approved unanimously. OPEN AGENDA – PUBLIC COMMENTS/CONCERNS – none CONSENT AGENDA Commissioner Warden moved, Commissioner Daly seconded, to approve the minutes of the May 23, 2017, regular meeting. The motion was approved unanimously. PUBLIC HEARING 1. Planning Application 2017-06-CUP, Meadowbrook Golf Course. Mr. Lindahl gave an overview of this request. The applicant, the Minneapolis Park and Recreation Board (MPRB), requests an amendment to the existing conditional use permit for Meadowbrook Golf Course to allow placement and operation of a temporary clubhouse. According to the applicant, a temporary clubhouse is necessary to reopen the golf course this year after the original clubhouse suffered damage from a ruptured water pipe. The temporary clubhouse will be positioned just off the southeast edge of the parking area at a location that allows for reasonable operation of the course and significant separation from neighbors. The MPRB desires the temporary clubhouse to conveniently serve golfers until a new permanent clubhouse can be constructed. The temporary clubhouse will, in all respects, operate as the former clubhouse did. There are no new features or assets, the hours will not be increased, and the services offered will not be expanded. Should the City approve the proposed CUP amendment, the applicant intends to place and operate the temporary clubhouse until November 1, 2019, or completion of a new permanent clubhouse, whichever comes first. During this time, the applicant intends to plan for and construct a new permanent clubhouse. Staff recommends approval of this request. Michael Schroeder, Assistant Superintendent for the MPRB, was present to answer questions. The Commission asked general questions about the timeline for the temporary clubhouse. Mr. Schroeder stated the MPRB wants to reopen the golf course as soon as possible and the temporary clubhouse makes that possible. However, the MPRB intends to work toward constructing a replacement facility within the term of the CUP and hopefully sooner. UNOFFICIAL Minutes of the Planning & Zoning Commission, June 27, 2017 – Page 2 Chairperson Hunke open the public hearing at 6:45 p.m. Mr. Lindahl noted for the Commission that he received 4 calls regarding this application and all were in support. After seeing no one come forward, Commissioner Daly moved, Commissioner Warden seconded, to close the public hearing. The motion was approved unanimously. The meeting was closed at 6:48 p.m. Commissioner Wallace-Jackson moved, Commissioner Warden seconded, to adopt Planning & Zoning Resolution 2017-03, recommending the City Council amend the existing conditional use permit for Meadowbrook Golf Course allowing the placement and operation of a temporary clubhouse, subject to conditions. The motion was approved 4-0. OLD BUSINESS 1. Planning Application 2017-05-TA, Pawn, Coin and Currency Exchange Zoning Amendment Discussion Mr. Lindahl gave an overview of this application. This application was initiated by staff to review and update the zoning standards for pawnshop, currency exchange and coin dealer uses. In January, the City Council approved a one-year moratorium to give City staff sufficient time to study these uses, evaluate various options for regulation, and protect the planning process and the health, safety and welfare of Hopkins’ citizens. Last month, the Commission reviewed both zoning and licensing standards and directed staff to draft revised zoning standards and bring them back for further review and discussion. Mr. Lindahl presented revised zoning standards and took feedback from the Commission. Mr. Lindahl detailed the purpose and standards for the zoning regulations.  Purpose: • Establish appropriate location • Protect and enhance residential areas and commercial areas adjacent to residential and institutional • Locate in larger commercial areas • Along principal arterials and minor reliever roads  Standards • Limited to the B-3 General Commercial District • All 3 become a conditional use in the B-3 District • Apply the same standards to all 3 uses • 1,000 feet from another similar use • 350 feet from residential or institutional use or district • Along principal arterials and minor reliever roads • Completely within a building • Transparent windows with 30% display or sign coverage • Conformance with license standards The Commission was generally supportive of the proposed standards but had concerns with applying all of them to currency exchange uses and how that could limit this service within the community. Staff agreed to do further research on the business practices for currency exchanges as well as consider separate definition for pay day lending businesses if appropriate. UNOFFICIAL Minutes of the Planning & Zoning Commission, June 27, 2017 – Page 3 NEW BUSINESS - none ANNOUNCEMENTS During the announcements, Mr. Lindahl updated the Planning & Zoning Commission on the following items: 2040 Comprehensive Plan Update – Cultivate Hopkins. Mr. Lindahl informed the Commission that the City Council recently approved a contract with Bolton & Menk to provide consultant services for the comprehensive plan update. The primary contact will be Haila Maze, with assistance from Andrew Dresdnew with the Cunningham Group. Mr. Lindahl also stated that staff was reviewing applications to serve on the comprehensive plan advisory committee and that the Planning & Zoning Commission could have up to 3 seats on the committee. Commissioners Daly, Hunke and Warden volunteered to serve on the committee and report back to the Planning & Zoning Commission. ADJOURN Commissioner Daly moved, Commissioner Warden seconded, to adjourn the meeting. The motion was approved unanimously. The meeting adjourned at 8 p.m. Respectfully submitted, Jason Lindahl, AICP City Planner July 25, 2017 Planning Application 2017-08-TA SolSmart Designation Program Discussion Proposed Action: Staff requests the Planning & Zoning Commission evaluate the attached zoning review of barriers to the implementation of solar energy systems and provide feedback. Overview This application was initiated by staff to review the zoning code and identify barriers to the implementation of solar energy systems by residents and businesses within the City of Hopkins. These actions are in accordance with the requirements of the Metropolitan Land Planning Act MN Statute 473.859 Subd.2, as well as the goals and policies outlined in Chapter 4 of the City of Hopkins Comprehensive Plan. As part of the effort to meet these requirements, staff is participating in the SolSmart program, which provides technical assistance in the interest of removing barriers to the implementation of solar energy systems. Preliminary stages of the program have included the completion of a zoning review, which identifies aspects of the zoning code that could be reformed to reduce the “soft costs” associated with implementing alternative energy systems in the City of Hopkins. Staff requests the Planning and Zoning Commission evaluate the attached zoning review and provide feedback. During the meeting, staff will review this information and ask for further feedback. Based on this feedback, staff will prepare a zoning code text amendment for formal review and action by the Commission. Primary Issues to Consider • City of Hopkins Comprehensive Plan • Legal Authority • SolSmart Program • Zoning Review Summary Supporting Information • SolSmart Program Application • SolSmart Initial Zoning Review ________________________________________ Kurt Howard Planning and Economic Development Intern Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: Planning Application 2017-08-TA, Page 2 Comprehensive Plan. Chapter 4 of the City of Hopkins Comprehensive Plan outlines goals and policies to protect solar access where possible. This zoning review and text amendment process is consistent with the spirit and intent of these goals and policies. Staff anticipates the current process to update the Comprehensive Plan will likely result in more innovative and specific alternative energy systems goals to support Hopkins overall sustainability goals. Goal: Encourage the use of solar energy systems for the purpose of space heating and cooling and hot water heating in new residential developments. Policies: • The City will review its Zoning Ordinance and consider appropriate amendments to exempt active solar energy systems from lot coverage and setback provisions. • The City will review its Code and consider appropriate amendments to require swimming pools be heated using solar or some other form of renewable energy resource, where possible. • Within Planned Unit Developments, the City will consider varying setback requirements in residential zoning districts as a means of protecting solar access. These goals and policies are in accordance with the Metropolitan Land Planning Act MN Statute 473.859 Subd.2, which states that “land use plans shall contain a protection element, as appropriate, […], and an element of protection and development of access to direct sunlight for solar energy systems.” Legal Authority. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, the City has wide flexibility to create standards that will ensure the type of development it desires; however, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. SolSmart Program. SolSmart is a national designation program designed to recognize communities that have taken key steps to address local barriers to the implementation of solar energy systems by residents and businesses. The City’s application is attached for your reference. The program primarily seeks to address “solar soft costs,” which refers to business processes or administrative costs that can increase the time and money necessary to install a solar energy system. The program focuses on key policies and processes that local governments can control to reduce soft costs and promote the use of solar energy systems locally. Communities committed to pursuing SolSmart designation are eligible to receive no-cost technical assistance from the program’s team of national solar and local government experts. The designation criteria contains a mixture of required actions, as well as elective steps that communities can take to accrue points, which accumulate toward achieving the program’s bronze, silver or gold designation thresholds. The two central components of the designation criteria are 1) permitting and 2) planning, zoning and development. Further actions can be taken in any of the six special focus categories which are inspection, construction codes, solar rights, utility engagement, community engagement and/or market development and finance. Planning Application 2017-08-TA, Page 3 Zoning Review Summary. The Zoning Review report from SolSmart staff is attached for your reference. It details nine elements of the zoning code that have potential to be improved, as well as model ordinances for filling each potential gap. The program does not require the City to implement all of these potential steps to achieve SolSmart designation. The program requires only that the City review the outcomes of the zoning review, compile findings in a memo, and commit to reducing barriers to solar systems during the next zoning review. The particular steps that the City chooses to take to reduce barriers to implementing solar energy systems can be selected from the extensive list of possible steps from which points for designation are awarded. During the meeting, staff will present the information in the Zoning Review and ask for feedback from the Commission. SolSmart Application Version 1.0 | 1 SOLSMART APPLICATION There are three levels of SolSmart designation for communities – below are the requirements for each: BRONZE: • Provide a Solar Statement outlining your community’s solar goals, and commit to tracking key metrics such as number and capacity of installed Photovoltaic (PV) systems. • Fulfill required actions in both of the Foundational Categories: • Permitting • Planning, Zoning, and Development • Earn at least 20 points in each of the two Foundational Categories (above). • Earn a total of 20 points from actions across the six Special Focus Categories: Inspection; Construction Codes; Solar Rights; Utility Engagement; Community Engagement; and Market Development and Finance. Note: Actions in any of the Special Focus Categories count toward the 20-point target. • Note: Early Adopter communities will receive 10 extra points applied toward a category of their choice. SILVER: • Fulfill the requirements to become a SolSmart Bronze Community. • Complete the two Silver-required actions in the Planning, Zoning, and Development and Inspection categories. • Earn 100 points overall from actions taken in any combination of categories. GOLD: • Fulfill the requirements to become a SolSmart Silver Community. • Complete the Gold-required action in Permitting. • Earn 200 points overall from actions taken in any combination of categories. SPECIAL AWARDS: • Communities that earn 60% of the points in a given category are eligible for special recognition. Community Data Community applying:State: Community website: Population: Other solar awards/recognition earned by community: kW of installed solar or number of installations: Contact Information Local contact: Contact title: Organization: Department: Contact email: Contact phone:  I am authorized to apply for and seek recognition for my community. I understand that community data submitted through this application will be shared online. SolSmart Application Version 1.0 | 2 STEP 1: SOLAR STATEMENT Solar Statement – Required for Designation Our Solar Statement: (Cut and paste your Solar Statement in the box below) Communities interested in pursuing SolSmart designation must indicate their commitment to supporting solar development in their community. These letters should include: • A commitment to participate in the SolSmart designation process • A statement of solar goals, areas of focus or community priorities (e.g. Encouraging solar development on vacant lots or supporting non-profit led initiatives) • Past achievements or programs related to solar and/or renewable energy • Commitment to tracking metrics related to solar and/or provide benchmark of available solar metrics (i.e. number of installed municipal systems or growth in residential installations) • A commitment of staff time and resources to improve the local environment for solar These letters do not need to be more than a page in length. Examples are included below from communities that participated in SolSmart’s Early Adopter program. The SolSmart team can assist communities in prioritizing and establishing goals. Resources and Examples: Burlington, Vermont, and Brownsville, Texas Documentation: (Please share a link to a public webpage where your Solar Statement is displayed or attach it as a document.) SolSmart Application Version 1.0 | 3 STEP 2: FOUNDATIONAL CATEGORIES: PERMITTING AND PLANNING, ZONING AND DEVELOPMENT To earn SolSmart Bronze designation, communities must: • Complete the required actions in both Foundational Categories – i.e., Permitting and Planning, Zoning and Development. • Earn at least 20 points in each of the Foundational Categories. Permitting Action Points We’ve done this!Documentation Create and make available an online checklist detailing the steps of your community’s solar permitting process (Required). Req’d  Share link: Provide a streamlined permitting pathway for small PV systems with turn-around time of no more than 3 days (Required for Gold). 20 Req’d for Gold  Share link: Distinguish between systems qualifying for streamlined or standard review.5 Share link: Require no more than one application form for a residential rooftop PV project.5 Share link: Review of solar permit fees for residential and commercial solar.5 Share link:  Earn additional points: Revise or demonstrate that permit fees reflect national best practices (e.g. $400 or less for residential, and based on cost-recovery for commercial). 5  Share link: Review permitting process for efficiency improvements and reduce processing time to 10 days or fewer.10 Share link: Adopt a standard solar permit form aligned with best practices (e.g. Solar ABCs).10 Share link: Train permitting staff on best practices for permitting solar PV and/or solar and storage systems.10 Share link: Train fire and safety staff on solar PV.10 Share link: Develop a regular communication schedule to solicit recommendations from the solar installer community regarding procedural changes.10  Share link: Offer an online process for permitting submission and approval.20 Share link: Share open source permit data with fire, safety, and other key third parties.20 Share link: Total Points: Add up the total number of points you believe you have achieved in this category. SolSmart Application Version 1.0 | 4 Planning, Zoning and Development Action Points We’ve done this!Documentation Review zoning requirements and remove restrictions that intentionally or unintentionally prohibit PV development. Compile findings in a memo, and commit to reducing barriers to PV during next zoning review. (Required). Examples include: height restrictions; set-back requirements; allowing solar “by-right” in residential and commercial zones without requiring a conditional use permit. Req’d  Share link: Allow solar by-right and as an accessory use in all major zones, and implement any zoning ordinance adjustments identified through the zoning review to improve solar-friendliness. (Required for Silver and Gold). 20 Req’d for Silver and Gold  Share link: Review existing planning documents and identify new opportunities (not already included) to integrate PV into planning goals.5  Share link: Provide clear guidance for solar in historic and special-use districts.10  Share link: Integrate solar and/or shared solar into relevant local plans (e.g. energy plan, climate plan, comprehensive plan).10  Share link: Include considerations for active and passive solar in development regulations (e.g. providing guidance for orientation of structures in subdivision regulations).10  Share link: Provide development incentives for solar within the subdivision or zoning process, or as part of other development incentives (e.g., density or height bonuses for buildings that plan to install solar or tax-increment financing).20  Share link: Encourage or incentivize solar development on parking lots, vacant lots, landfills, buffer lands around uses with nuisances (e.g. refineries, wastewater plants), brownfields or formerly contaminated lands, airport safety zones (with FAA approval), and non-building structures. 20  Share link: Total Points: Add up the total number of points you believe you have achieved in this category. SolSmart Application Version 1.0 | 5 STEP 3: SPECIAL FOCUS CATEGORIES To earn SolSmart Bronze designation, communities must: • Earn 20 points (total) from actions taken across the 6 Special Focus Categories: Inspection; Construction Codes; Solar Rights; Utility Engagement; Community Engagement; or Market Development and Finance. Any action in any Special Focus Category counts toward the goal of earning 20 points. Special Focus: Inspection Action Points We’ve done this!Documentation Provide cross-training of inspection and permitting staff on solar PV via in-person or online resources. (Required for Silver and Gold). 20 Req’d for Silver and Gold  Share link: Eliminate excess inspections and consolidate inspection trips for solar PV.10 Share link: Offer inspection appointment times in lieu of appointment windows.10 Share link: Make inspection requirements for PV available online.10 Share link: Have a fixed time frame between inspection requests and scheduling of inspections of no more than 10 days.10 Share link: Provide an online process for scheduling and responding to inspection requests.20 Share link: Total Points: Add up the total number of points you believe you have achieved in this category. Special Focus: Construction Codes Action Points We’ve done this!Documentation Develop and provide Solar Ready Construction Guidelines for developers to enable lower cost installation of future solar installations on buildings within the permitting office and online.10  Share link:  Earn additional points: Include guidance for solar on parking lots and other types of non-traditional structures.10  Share link: Require or incentivize new construction to be solar ready to complete future installations at lower cost.10 Share link: Offer design guidelines for PV aligned with National Electrical Code and fire code.20 Share link: Adopt the most recent codes from the International Code Council.20 Share link: Total Points: Add up the total number of points you believe you have achieved in this category. SolSmart Application Version 1.0 | 6 Special Focus: Solar Rights Action Points We’ve done this!Documentation Conduct review of state policies related to protecting rights of property owners to install solar and solar system owners’ right to sunlight on their property. Make this information available to residents. 5  Share link: Provide consumer protection resources on solar.5 Share link: Develop local process to enable solar rights through a solar access ordinance.10 Share link: Offer procedure for recording solar easements for property owners.10 Share link: Engage homeowners and neighborhood associations and discourage unnecessarily restrictive requirements for PV through meetings with leadership.10  Share link:  Earn additional points: Encourage subdivisions to consider shared solar allowances.5  Share link:  Earn additional points: Work with homeowners associations to develop appropriate guideline documents for solar PV. 5  Share link: Total Points: Add up the total number of points you believe you have achieved in this category. Special Focus: Utility Engagement Action Points We’ve done this!Documentation Review best practices for integrating interconnection with electrical inspections and share best practices with staff.5 Share link: Discuss community or shared solar programs with the local utility.10 Share link: Engage and communicate with the utility on community goals for solar, net metering, and interconnection processes.10 Share link:  Earn additional points: Coordinate with regional organizations or other local governments to engage utilities. 5  Share link: Coordinate utility and city inspections for solar PV, reducing the total number of inspections needed.20 Share link: Launch and support a utility-provided community solar program.20 Share link: Total Points: Add up the total number of points you believe you have achieved in this category. SolSmart Application Version 1.0 | 7 Special Focus: Community Engagement Action Points We’ve done this!Documentation Host a solar workshop open to the general public and/or local government staff explaining PV opportunities and policies.5 Share link: Create and distribute educational materials at relevant community events and through local government channels.5 Share link: Establish partnerships with local non-profits or organizations on solar with multi-year goal or planned initiatives.5 Share link: Publicly encourage community solar projects or solar projects on community facilities.5 Share link: Engage the community in robust, ongoing discussion around climate, energy, or sustainability plans.5 Share link: Create a solar landing page on local government’s website with information on the community’s solar goals and local resources for solar development.10  Share link: Convene an active energy task force or solar working group that meets at least three times per year.10 Share link: Encourage solar on non-profit or community facilities through fee waivers, technical assistance, or other support.10 Share link: Conduct feasibility analysis for solar on brownfields, landfills, formerly contaminated lands and/or other under-utilized properties.10  Share link: Install or lease land for solar development on brownfields, landfills, formerly contaminated lands and/or other under-utilized properties.20  Share link: Support or host a community-group purchase program (e.g., Solarize).20  Share link:  Earn additional points: Design program or create financing support options to encourage low-to-moderate income participation in community solar initiatives. 10  Share link: Create and publish job training and placement opportunities for solar in coordination with local community colleges.20  Share link: Engage with regional organizations on advancing solar policies in the region including, but not limited to, unified permitting processes and group procurement opportunities.20  Share link: Demonstrate activity in state-level conversations regarding solar PV.20 Share link: Create and share an interactive solar map for your community.20 Share link: Total Points: Add up the total number of points you believe you have achieved in this category. SolSmart Application Version 1.0 | 8 Special Focus: Market Development and Finance Action Points We’ve done this!Documentation Provide resources on active solar installers and/or local incentives for solar.5 Share link: Make solar metrics publicly available.5 Share link: Provide information to consumers about different solar PV financing options, including commercial options, such as Property Assessed Clean Energy (PACE) financing.5  Share link: Conduct feasibility analysis for solar PV installations on public facilities.10 Share link: If applicable, provide PACE financing in your community.10 Share link: Install solar capacity on local facilities.20 Share link: Provide local incentives (i.e. permit fee waivers or rebates) or locally-enabled finance (e.g., a revolving loan fund) for solar.20 Share link: Engage local banks, credit unions, foundations and/or community funds about lending for solar PV projects through in-person meetings, discussions, and/or workshops.20  Share link: Demonstrate that the community’s installed per capita capacity is above top 20% of states (>99 watts/person).20 Share link: Integrate solar with other distributed or emerging technologies such as storage, combined heat and power systems or electric vehicles in at least one installed or proposed project.20  Share link: Develop feasibility analysis or planning for resilient solar technologies for critical facilities and emergency planning such as solar and storage.20  Share link: Total Points: Add up the total number of points you believe you have achieved in this category. SolSmart Application Version 1.0 | 9 INNOVATIVE ACTIONS The actions identified in the categories above represent many of the most common and impactful efforts communities are taking to reduce soft costs and make going solar easier and more affordable for residents. However, we know that communities across the country are developing innovative ways to help reduce soft costs. If your community has taken action to reduce soft costs that wasn’t captured in the above application, please share it with us in the table below. Innovative actions will be reviewed by a team of solar experts and each action may be worth up to 20 points. Innovative Actions Category Action(s)Documentation Permitting Share link: Planning, Zoning and Development Share link: Inspection Share link: Construction Codes Share link: Solar Rights Share link: Utility Engagement Share link: Community Engagement Share link: Market Development and Finance Share link: SolSmart Application Version 1.0 | 10 Designation Checklist Step Completed STEP 1: SOLAR STATEMENT Solar Statement Statement Submitted  STEP 2: FOUNDATIONAL CATEGORIES Permitting Required Action(s)Points: 20+ required for Bronze  Planning, Zoning, Development Required Action(s)Points: 20+ required for Bronze  STEP 3: SPECIAL FOCUS CATEGORY POINTS Inspection Points:  Construction Codes Points:  Solar Rights Points:  Utility Engagement Points:  Community Engagement Points:  Market Development and Finance Points:  Special Focus PointsMust be 20 or greater for Bronze TOTAL POINTS including foundational Must be at least 100 for Silver and 200 for Gold ZONING REVIEW – Hopkins, MN Potential barriers in current code language As there are no references to solar in the current zoning code, considerations for addressing this gap through code revisions are included below. Potential gaps in current code language Element Reviewer Comments Example(s) from other codes Definitions  Include in the definition of a solar energy system: solar collectors or solar energy devices used for the collection, storage, or conversion of solar energy for space heating, space cooling, electric generation, and water heating  Define and distinguish between large-scale or primary use installations and secondary or accessory use installations Massachusetts model solar ordinance Use-by-right  Allow small rooftop and ground mount solar installations in all major zoning districts as a use-by-right (allowed without special review)  Many communities identify and allow for solar installations as accessory uses in every district  Solar energy systems may be integrated into the code by defining them as an accessory use as defined in 515 Policy Definitions, Subd. 221 Use Tables P. 3 Massachusetts model solar ordinance Encroachment Consider adding solar energy systems to Section 520.09 Required yards and open space Subd. 2 Not encroachments, which exempts features such as chimneys, gutters and similar projections from yard and setback requirements, provided they do not project more than two feet into a yard. P. 7, 8 Model Zoning for the Regulation of Solar Energy Systems Aesthetic requirements  Exempt solar from rooftop equipment screening requirements  Allow PV installations to be seen from public roadways  Limit screening or aesthetic requirements to historic districts P.19 DVRPC Renewable Energy Ordinance Framework Historic districts Rooftop fire safety access and setbacks  Limit setback requirements from roof ridges to 3’ and to 1.5’ from valleys and headwalls to allow access  (These restrictions may be amendments to the International Fire Code or part of the development regulations instead of the zoning code) San Francisco Solar PV System Safety and Fire Ground Procedures LA PV Fire Safety Glare  Do not regulate glare from photovoltaic installations as PV modules use non-reflective glass and are designed to absorb rather than reflect sunlight. PV modules are generally less reflective than windows. FAA guidance PV at airports PZD-1: Review zoning requirements and remove restrictions that intentionally or unintentionally prohibit PV development. Compile findings in a memo, and commit to reducing barriers to PV during next zoning review. This SolSmart prerequisite requires communities to (a) conduct a review of zoning requirements, (b) identify restrictions that prohibit PV development, and (c) commit to addressing these barriers during the next community zoning review. To assist your community, the national solar experts at SolSmart have conducted an initial review of your community’s code to assess possible obstacles (i.e. height restrictions, set-back requirements, etc.) and gaps. Below, please find the outcome of their review. By reading the narrative, reviewing the example code language provided, and signing the statement at the bottom of the page, your community will satisfy PZD-1 and be one step closer to achieving SolSmart designation.  Municipalities can defer to the Federal Aviation Administration to regulate potential glare from solar installations on or near airports Ground mount solar Allow for small ground mount installations as accessory uses and large, primary use installations through a conditional or special use permit P. 38 APA’s Integrating Solar Energy into Local Development Regulations Solar access/solar rights  Establish a mechanism to protect solar access and rights (e.g. solar easement for installations)  Include active and passive solar provisions (such as orientation) in development and subdivision regulations Wisconsin State Statute §66.0401. Perry, IA Subdivision Regulations Regulate based on the area or impact  Define and regulate solar installations based on the area (e.g. square feet) or impact of the installation rather than the capacity (kW) as efficiencies and technologies change over time  Do not regulate based on the use of the energy generated (e.g. requiring that accessory use solar electricity generation be consumed exclusively on-site), as this is often irrelevant to the impact See p. 19 of Planning and Zoning for Solar in North Carolina Example: Fort Collins, CO have read the considerations above and commit to proposing changes that will incorporate solar energy systems in the code at the next community zoning review process, scheduled for ______________. [Name] [Title] [State] I, , as of [Community] , Signature ____________________________________________ Date _________________________ July 25, 2017 Planning Application 2017-09-TA Sign Ordinance Update Proposed Action: Staff requests the Planning & Zoning Commission review Hopkins existing sign standards and provide feedback. Overview This application was initiated by staff to review and update the City’s sign regulations. The current sign regulations were last updated in 2005 and contain outdated policies and do not reflect the City’s current vision for signs. This memo details the history of the current sign regulations, unique legal issues to consider, reviews the existing sign regulations and outlines a list of items to consider when updating the sign regulations. During the meeting, staff will present this information and review the sign examples submitted by Planning & Zoning Commissioners last spring. Primary Issues to Consider • Background • Legal Authority • Hopkins Sign Regulations • Sign Issues to Consider Supporting Documents • Hopkins City Code Section 570 – Signs • Hopkins City Code Section 556.04 – Downtown Overlay District Sign Standards • Hopkins City Code Section 557.04 – West Mainstreet Overlay District Sign Standards • Sign Ordinances and the First Amendment _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: Planning Application 2017-09-TA Page 2 Primary Issues to Consider Background. The City’s sign regulations were last updated in 2005. Prior to this update, a lawsuit was filed against the City of Hopkins challenging the constitutionality of the sign ordinance. The constitutionality issues were primarily related to First Amendment free speech issues (see legal authority below). In that case, the judge issued a preliminary injunction preventing the City from enforcing the sign ordinance. In response the City Council instituted an emergency interim ordinance preventing the erection of any sign over six square feet for the period of the interim ordinance. In August of 2005, the City Council approved a new, comprehensive, constitutionally-sound ordinance regulating the construction, installation and maintenance of signs. This same ordinance remains in effect today. Legal Authority. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, the City has wide flexibility to create standards that will ensure the type of development it desires; however, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. Within the category of zoning code amendments, the regulation of signs is unique in that it entails constitutionally protected First Amendment free speech issues. To help inform the Planning & Zoning Commission on these issues, attached please find an information memo from the League of Minnesota Cities titled Sign Ordinances and the First Amendment. This document actually cites Hopkins’ sign ordinance as a model for other cities to use when updating their regulations. This document details First Amendment principles, provisions to both include and avoid within a sign ordinance and common issues to consider. While Hopkins’ current regulation addresses many of these items, the staff and the City Attorney are reviewing the sign ordinance to ensure continued compliance with First Amendment protections. Staff will brief the Commission on these items during the meeting. Hopkins Sign Regulations. Hopkins regulates signs in three sections of the City Code. Section 570 – Signs contains the overall sign construction, installation and maintenance regulations for the community. In addition, the City has specific sign regulations for both Downtown and West Mainstreet. These regulations are detailed in Section 556.04 Downtown Overlay District – Signs and Section 557.04 West Mainstreet Overlay District – Signs. Downtown is defined as the area on the south side of First Street North to the north side of First Street South and the west side of 6th Avenue to the east side of 13th Avenue. The West Mainstreet overlay district applies to Mainstreet properties from the west side of 13th Avenue to Shady Oak Road Zoned B-3, General Business. These regulations are attached for your reference, and staff will review them with the Commission during the meeting. Sign Issues to Consider. Since the development of the current ordinance in 2005, staff has noticed a number of issues that could be revised and updated to improve and streamline administration of these regulations. • Organization. The current sign ordinance is divided into 25 subdivisions and lacks organization. Staff recommends reorganizing, condensing and simplifying the sign ordinance to streamline the regulations and make them easier to understand and interpret. Planning Application 2017-09-TA Page 3 • Development standards. The sign regulations include standards for the size, height, type, placement and scale for signs. A key point of discussion during this review will be “Do the current regulations reflect the City’s current vision for signs?” • Temporary signs. Temporary signs typically include banners, pennants, portable changeable copy signs, searchlight signs, yard signs, real estate signs and garage sale signs that promote brief business, professional, commodity, service or entertainment activities. The City allows temporary signs without specific standards for number, duration, size or location. • Window signs. Window signs are typically placed inside a window or upon the window panes or glass and are visible from the outside. Window signs may cover up to one-third of the surface area of the window and this area is also counted toward the total allowable signage for a site. • Electronic signs. Electronic signs (also known as dynamic signs) include signs that appear to have movement or change without changing or removing the sign physical components. These signs are allowed provided they don’t change more than once every 24 hours. Hopkins standards do not address typical modern elements of electronic signs including text size, mode, brightness and operation. • Billboards. Billboards are not allowed, based a provision that prohibits signs over 250 square feet. Several billboards exist in Hopkins and are considered non-conforming or “Grandfathered.” • Amount of signage. Hopkins regulates the amount of total signage on a property rather than placing more specific limits on wall or ground signs. The total allowable signage for a given site is based on building frontage in the B-2 Central Business District or lot frontage in all other commercial or industrial districts. Each zoning district also places limitations on the maximum size of any one sign. Residential districts are allowed between 16 to 24 square feet of total signage provided no individual sign exceeds between 8 to 12 feet. The challenge with this approach is that it tends to promote a greater number of small signs, and these signs are not proportional to either the building or lot on which they are located. • Ground signs. Ground signs include both monument and pylon type signs. Ground signs are allowed in all zoning districts except the B-2 Central Business District. In commercial and industrial areas, ground signs may be no higher than the roof of the associated building or 35 feet (whichever is greater). Setback standards range from one to twenty feet depending on the zoning district and type of road the sign abuts. • Wall Signs. Wall signs are defined as any building sign attached parallel to, but within two (2) feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. HopkinsCityCode (Zoning) 570.00 Replaced8-16-05) Section570 - Signs Preamble: TheCityCouncil findsthatthelackofacomprehensive, constitutionallysoundordinance regulating signs intheCityofHopkins constitutesan emergencythreatening publichealth, safety andwelfarebecause, amongother concerns, (1) signscouldbeerected withoutregardtothe manner inwhichthesizeorlocation ofthesignorsignsinterferes withtrafficsightlines, endangering ordistracting driversandpedestriansalike, therebycausingtraffichazardsand; (2) signscould beconstructed inamannerorfromsuchmaterials asarestructurally unsound vulnerable tocollapse, endangering personsorpropertyinthevicinity ofthesigns. ThefollowingordinanceisadoptedasSection 570oftheHopkins CityCode: 570.01Findings, purposeandeffect. Subd. 1. Findings. TheCityCouncil hereby findsasfollows: a. Exterior signshaveasubstantial impact onthecharacter andqualityoftheenvironment. b. Signsprovideanimportantmediumthroughwhichindividualsmayconveyavarietyof messages. c. Signscancreatetraffichazards, aesthetic concerns anddetriments topropertyvalues, thereby threateningthepublic health, safetyandwelfare. d. Thecity'szoningregulationshave, sinceasearlyas1966, includedtheregulationof signsinanefforttoprovide adequatemeans of expressionandtopromotetheeconomic viability ofthebusiness community, while protectingtheCityandits citizens froma proliferation ofsignsofatype, size, locationandcharacterthatwouldadversely impact upontheaesthetics ofthecommunity and threatenthehealth, safetyandwelfareofthe community. Theregulationof thephysical characteristics ofsignswithintheCityhashad apositive impactontrafficsafetyandtheappearanceofthecommunity. Subd. 2. Purpose andintent. Itisnotthepurposeorintentofthissignordinance toregulatethe message displayedonanysign; nor isit thepurpose orintentofthisordinancetoregulateany buildingdesign oranydisplay notdefinedasasign, oranysignwhichcannotbeviewedfrom outsideabuilding. Thepurposeandintent ofthisordinance isto: Section 570 Page1 HopkinsCityCode (Zoning) 570.01 Subd. 2 Replaced8-16-05) a. Regulate thenumber, location, size, type, illumination andotherphysical characteristics ofsignswithinthecityinordertopromote thepublichealth, safetyandwelfare. b. Maintain, enhance andimprovetheaestheticenvironmentofthecityby preventing visualclutterthatisharmfultotheappearanceofthecommunity. c. Improve thevisualappearanceoftheCitywhileproviding foreffective meansof communication, consistent withconstitutional guaranteesandtheCity’sgoals of publicsafetyandaesthetics. d. Provide forfairandconsistent enforcement ofthesignregulationssetforherein under thezoningauthority oftheCity. Subd. 3. Effect. Asignmaybeerected, mounted, displayedormaintainedinthecityifitisin conformance withtheprovisions ofthis ordinance. Theeffectofthisordinance, asmore specifically setforthherein, isto: a. Allowawidevarietyofsigntypesincommercial zones, andamorelimited variety ofsignsinotherzones, subjecttothestandardssetforthinthissign ordinance. b. Allowcertain small, unobtrusivesignsincidental totheprincipaluseofasitein allzoneswhenincompliancewiththerequirements ofthissignordinance. c. Prohibitsignswhose location, size, type, illumination orotherphysical characteristics negatively affecttheenvironmentandwhere thecommunication canbeaccomplished bymeanshaving alesserimpactontheenvironmentand thepublichealth, safetyandwelfare. d. Providefortheenforcementofthe provisions ofthissignordinance. 570.03. Severability. Ifanysection, subsection, sentence, clause, orphrase ofthisSignOrdinanceisforanyreasonheldtobe invalid, suchinvalidity shallnotaffectthevalidity orenforceability oftheremainingportionsofthis SignOrdinance. TheCityCouncilherebydeclares thatitwouldhaveadoptedtheSignOrdinance in each section, subsection, sentence, orphrase thereof, irrespective ofthefactthatanyoneormoresections, subsections, sentences, clauses, orphrases bedeclaredinvalid. Section 570 Page2 HopkinsCityCode (Zoning) 570.05 Subd. 1 Replaced8-16-05) 570.05. DefinitionsSubdivision 1. Thefollowingwords andphrases, whenusedinthisSection570, shall havethefollowingmeanings, unlessthecontextclearlyindicatesotherwise: Subd. 2 “Abandoned sign” - anysignand/oritssupportingsignstructurewhichremainswithouta messageorwhosedisplaysurface remains blankforaperiodofone (1) yearormore, oranysignwhich pertainstoatime, eventorpurpose whichnolongerapplies, shallbedeemedtohavebeenabandoned. Signsapplicabletoabusinesstemporarily suspendedbecause ofachange inownershipormanagement of suchbusinessshall notbedeemedabandonedunless thepropertyremainsvacant foraperiodofone (1) year ormore. Anysignremaining afterdemolitionofaprincipalstructureshallbedeemedtobe abandoned. Signswhicharepresentbecause of beinglegallyestablished nonconformingsignsorsigns whichhaverequiredaconditionalusepermitoravariance shallalsobesubjecttothedefinition of abandonedsign. Subd. 3 “Awning” - aroof-likecover, oftenoffabric, plastic, metalorglassdesignedandintendedfor protection fromtheweatherorasadecorativeembellishment, andwhichprojectsfromawallorroofofa structure primarily overawindow, walk, orthelike. Anypartofanawningwhichalsoprojectsovera doorshallbecounted asanawning. Subd. 4 “Awningsign” - a building signorgraphicprinted on orinsomefashionattacheddirectlytothe awning material. Subd. 5 “Balloonsign” - asignconsistingofabagmadeoflightweightmaterialsupportedbyhelium, hot, orpressurized airwhichisgreaterthantwenty-four (24) inches indiameter. Subd. 6 “Buildingsign” - anysignattached orsupported byanyBuilding. Subd. 7 “Cabinetsign” - anywallsignthatis notofchannel orindividuallymounted letterconstruction. Subd. 8 “Canopy” - aroof-likecover, oftenoffabric, plastic, metal, orglassonasupport, whichprovides shelter overadoorway. Subd. 9 “Canopysign” - anysignthatispartoforattached toacanopy, madeoffabric, plastic, or structuralprotectivecoveroveradoororentrance. Acanopysignisnotamarqueeandisdifferentfrom service areacanopy signs. Section 570 Page3 HopkinsCityCode (Zoning) 570.05 Subd. 10 Replaced8-16-05) Subd. 10 “Changeable copysign” - asignorportionthereofwithcharacters, letters, orillustrations that canbechangedorrearranged without altering thefaceorthesurface ofthesign. Changeable copysigns donotincludesignsuponwhichcharacters, lettersorillustrationschangeorrearrange onlyonceina 24- hourperiod. Subd. 11 “Commercial Speech” – speech advertising abusiness, profession, commodity, serviceor entertainment. Subd. 12 “Elevation” - theviewoftheside, front, orrearofagivenstructure(s). Subd. 13 “Elevation area” - theareaofallwalls thatfaceanylotline. Subd. 14 “Erect” - activity ofconstructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing oranyotherwayofbringingintobeingorestablishing. Subd. 15 “Flag” - anyfabricorsimilarlightweightmaterial attachedatoneendofthematerial, usuallyto a stafforpole, soastoallow movementofthematerialbyatmospheric changesandwhichcontains distinctive colors, patterns, symbols, emblems, insignia, orother symbolicdevices. Subd. 16 “Flashingsign” - adirectly orindirectlyilluminatedsignwhichexhibitschanginglightorcolor effect byanymeans, soastoprovideintermittentilluminationwhichincludestheillusionofintermittent flashinglightby means ofanimation. Alsoanymode oflighting whichresembles zooming, twinkling, or sparkling. Subd. 17 “Freestandingsign” - anysignwhichhassupportingframeworkthatisplacedon, oranchored in, thegroundandwhichisindependent fromanybuilding orother structure. Subd. 18 “Grade” - gradeshallbeconstruedtobethefinalgroundelevationafterconstruction. Earth mounding criteriaforlandscapingandscreeningisnotpartofthefinalgradeforsignheightcomputation. Subd. 19 “Groundsign” - anyfreestandingsignwithitssignfacemounted onthegroundormounted ona baseatleastaswideasthesignandwhich hasatotalheight notexceedingeight (8) feet. Subd. 20 “Height ofsign” - theheightofthesignshallbecomputedastheverticaldistancemeasured fromthebase of thesignatgradetothetopofthehighestattachedcomponent ofthesign. Section 570 Page4 HopkinsCityCode (Zoning) 570.05 Subd. 21 Replaced8-16-05) Subd. 21 “Illuminatedsign” - anysignwhichcontains anelementdesigned toemanate artificial light internallyorexternally. Subd. 22 “Interiorsign” - asignwhichislocatedwithintheinteriorofanybuilding, orwithinanenclosed lobbyorcourtofanybuilding, andasignforandlocatedwithintheinnerorouterbody, courtorentrance ofanytheater. Subd. 23 “Legallyestablished nonconforming sign” - anysignanditssupportstructurelawfullyerected priortotheeffective dateofthisordinance whichfailstoconform totherequirements ofthisordinance. Asignwhichwas erectedinaccordance withavariancegrantedpriortotheadoptionofthisordinance andwhichdoesnotcomplywiththisordinanceshall bedeemedtobealegalnonconforming sign. Asign whichwasunlawfullyerectedshallbedeemedtobeanillegalsign. Subd. 24 “Marquee” - anypermanentroof-like structureprojecting beyondatheater buildingorextending alongandprojecting beyondthewallofthatbuilding, generallydesignedandconstructedtoprovide protection fromtheweather. Subd. 25 “Marqueesign” - anybuildingsignpainted, mounted, constructedorattachedinanymanner, on a marquee. Subd. 26 “Monument sign” - anyfreestanding signwithits signfacemountedonthegroundormounted onabaseatleastaswideasthesignandwhichhasaheight exceeding eight (8) feet. Subd. 27 “Multipletenantsite” - anysitewhichhasmorethanone (1) tenant, andeachtenanthasa separate ground levelexteriorpublicentrance. Subd. 28 “Non-commercial speech” – disseminationofmessagesnotclassifiedasCommercial Speech whichinclude, but arenotlimitedto, messagesconcerningpolitical, religious, social, ideological, public serviceandinformational topics. Subd. 29 “Off-premisesign” – acommercialspeech signwhichdirectstheattentionofthepublictoa business, activityconducted, orproductsoldoroffered atalocationnotonthesamelotwheresuchsign islocated. Forpurposesofthissignordinance, easements andotherappurtenances shallbeconsidered to beoutsidesuchlot andanysignlocatedorproposed tobelocatedinaneasementorotherappurtenance shall beconsidered anoff-premise sign. Section 570 Page5 HopkinsCityCode (Zoning) 570.05 Subd. 30 Replaced8-16-05) Subd. 30 “On-premisemessages” – identify oradvertise anestablishment, person, activity, goods, productsorserviceslocated onthepremises wherethesignisinstalled. Subd. 31 “ Owner” – Inthecaseofalot, thelegalownerofthelot asofficiallyrecordedbyHennepin County, andincludingfeeowners, contractfordeedpurchasers andgroundlessees. Inthecaseofasign, theownerofthesignincludinganylessees. Subd. 32 “Polesign” - seePylonSign. Subd. 33 “Portablesign” - anysignwhichismanifestlydesigned tobetransported, includingbytraileror onitsownwheels, eventhoughthewheels ofsuchsignmaybe removed andtheremainingchassis or support isconvertedtoanother signorattachedtemporarilyorpermanently tothegroundsincethis characteristic isbasedonthedesign ofsuchasign. Subd. 34 “Portecochere” - aroofedstructureorroof-likecover, extendingfromtheentranceofabuilding andwhichprovidesshelteroveradoorway. Subd. 35 “Projectingsign” - anysignwhichisaffixedtoabuildingorwallinsuch amannerthatits leadingedgeextends morethantwo (2) feetbeyondthesurfaceorsuchbuildingorwallface. Subd. 36 “Publicnotices” - officialnoticespostedbypublicofficers, employees ortheiragentsinthe performance oftheirduties, orasdirectedbysuchofficers, employees oragents. Subd. 37 “PublicStreetRightofWay” - Theentirerightofwayofanypublicstreet. Subd. 38 “Pylonsign” - anyfreestanding signwhichhasitssupportive structure(s) anchored inthe ground andwhichhasasignfaceelevatedabovegroundlevelbypole(s) orbeam(s) andwiththearea belowthesignfaceopen. Subd. 39 “Residentialdistrict” - anydistrictzonedforresidential uses. Subd. 40 “Roof” - the exteriorsurface and itsupporting structure onthetopofabuildingorstructure. Thestructuralmake-upofwhichconformstotheroofstructures, roofconstructionandroofcovering sections oftheUniform BuildingCode. Subd. 41 “Roofline” - theupper-mostedgeoftherooforinthecaseofanextendedfacade orparapet, the upper-mostheightofsaidfacade. Section 570 Page6 HopkinsCityCode (Zoning) 570.05 Subd. 42 Replaced8-16-05) Subd. 42 “Roofsign” - anysignerectedandconstructed whollyonandabovetheroofofabuilding, supported bytheroofstructure, andextending verticallyabove thehighestportionoftheroof. Subd. 43 “Roofsign, integral” - anybuilding signerectedorconstructedasanintegraloressentially integral partofanormalroofstructureofanydesign, sothatnopartofthesignextends verticallyabove the highestportion oftheroofandsothatnopartofthesignisseparatedfromtherestoftheroofbya spaceofmorethansix (6) inches. Subd. 44 “Rotatingsign” - asignorportion ofasignwhichturnsaboutonanaxis. Subd. 45 “Shimmeringsigns” - asignwhichreflectsanoscillatingsometimes distortedvisualimage. Subd. 46 “Sign” – anyletter, wordorsymbol, poster, picture, statuary, readingmatterorrepresentation in the natureofadvertisement, announcement, messageorvisualcommunication, whether painted, posted, printed, affixedorconstructed, includingallassociatedbrackets, braces, supports, wiresandstructures, whichisdisplayedforinformational orcommunicativepurposes. Subd. 47 “Signface” - thesurfaceofthesignupon, against, orthrough whichthemessageofthesignis exhibited. Subd. 48 “Signstructure” - anystructureincludingthesupports, uprights, bracingandframeworkwhich supports oriscapableofsupportinganysign. Subd. 49 “Site” - alot orcombinationofcontiguous lots whichareintended, designated, and/or approved tofunctionasan integrated unit. Subd. 50 “Stringer” - alineofstring, rope, cording, oranequivalent towhichisattachedanumberof pennants. Subd. 51 “Suspendedsign” - anybuildingsignthatissuspended fromtheunderside ofahorizontal plane surfaceandisconnectedtothissurface. Subd. 52 “Totalsitesignage” - themaximum permittedcombinedareaofallfreestanding andwall identification signs allowed onaspecific property. Section 570 Page7 HopkinsCityCode (Zoning) 570.05 Subd. 53 Replaced8-16-05) Subd. 53 “Visible” - capableofbeingseenbyapersonofnormalvisualacuity (whether legible ornot) withoutvisualaid. Subd. 54 “Wall” - anystructurewhichdefinestheexteriorboundariesorcourts ofabuildingorstructure andwhichhasaslopeofsixty (60) degreesorgreater withthehorizontalplane. Subd. 55 “Wallsign” - anybuildingsignattachedparallel to, butwithintwo (2) feetofawall, paintedon the wallsurfaceof, orerectedandconfinedwithinthelimitsofanoutsidewallofanybuildingor structure, whichissupportedbysuchwallorbuilding, andwhichdisplaysonlyone (1) signsurface. Subd. 56 “Windowsign” - anybuildingsign, pictures, symbol, orcombination thereof, designedto communicateinformation about anactivity, business, commodity, event, sale, orservice, thatisplaced inside awindowor uponthewindowpanesorglass andisvisiblefromtheexteriorofthewindow. Thedefinitions setforthinthisSection570.05areinadditiontothedefinitions setforthinSection 515.07, whichshallapplytothisSection 570, exceptthatintheeventofaconflict betweentheSections, thedefinitionin Section570shallapply. 570.07. Permitrequired. Nosignshallbeerected, altered, reconstructed, maintained ormovedinthecitywithoutfirstsecuringa permitfromthecity. Thecontent ofthemessageor speechdisplayed onthesignshallnotbereviewedor considered indetermining whether toapproveordenyasignpermit. Applicationforapermitshallbein writingaddressed tothezoningadministratorandshallcontainthefollowinginformation: a. names andaddresses oftheapplicant, ownersofthesignandlot; b. theaddressatwhichanysigns aretobeerected; c. thelot, blockandadditionatwhichthesignsaretobeerectedandthestreet onwhich theyaretofront; d. acompletesetofplansshowing thenecessary elevations, distances, sizeanddetailsto fullyandclearlyrepresent theconstructionandplaceofthesigns; e. thecostofthesign; f. typeofsign (i.e. wallsign, monument sign, etc.); g. certification byapplicantindicatingtheapplicationcomplieswithall requirements ofthesignordinance; and Section 570 Page8 HopkinsCityCode (Zoning) 570.07 (h.) Replaced8-16-05) h. iftheproposedsignisalongstatetrunkhighway orinterstatehighway, theapplication shallbeaccompanied byproof thattheapplicanthasobtained apermitfromthestatefor thesign. Thezoningadministrator shallapproveordeny thesignpermitinanexpeditedmanner nomorethan30 daysfromthereceiptofthecompleteapplication, includingapplicablefee. Allpermitsnotapproved or deniedwithin30daysshallbedeemedapproved. Ifthepermitisdenied, theissuingauthorityshall prepare awrittennotice ofdenial within10daysitsdecision, describingtheapplicant’sappealrights under Section525.15, andsenditbycertified mail, returnreceipt requested, totheapplicant. 570.09. Exemptions. Thefollowingsignsshallnotrequire apermit. Theseexemptions, however, shallnotbeconstrued as relievingtheowner ofthesignfromtheresponsibility ofitserectionandmaintenance, anditscompliance withtheprovisionsofthisordinance oranyother laworordinance regulatingthesame. a. Thechangingofthedisplay surfaceonapaintedorprintedsignonly. Thisexemption, however, shall applyonly toposterreplacement and/oron-sitechangesinvolvingsign painting elsewherethandirectlyona building. b. Signssix (6) squarefeetorlessinsize. 570.11. Fees. Signpermitfees aresetbyChapterX. 570.15. Violations. Violation ofthissectionisamisdemeanor. Eachdaythattheviolationcontinues isaseparateoffense. 570.17. Size. Nosignshallexceed250squarefeetinarea. Section 570 Page9 HopkinsCityCode (Zoning) 570.19 Replaced8-16-05) 570.19. Regulations. Subd. 1. General. Exceptashereinafterprovided, nosignsshallbeerectedormaintainedatanyangletoa buildingorstructurewhichsignextendsorprojectsover thesidewalk, street orhighway. Nosignwhich iserectedormaintained flatagainstanybuildingorstructureshallextend orprojectmorethanfifteen inches overthesidewalk, streetorhighway. Subd. 2. Exceptions. Theprovisionsofthissubsectiondonotprohibit: a. theerectionandmaintenanceofsigns, eitherilluminatedornotilluminated, whichareon thesidesofamarqueewhichisfirmlyattached toandapartofatheatre , providingsuch signs areanintegralpartofthemarquee anddonotprojectaboveorbelowthemarquee; or b. theerection andmaintenance of signs, notilluminated, whichareattached tothemarquee andwhichdonotprojectmorethan16inchesabovethemarquee. 570.21. Belowmarquee. Nosign, either illuminatedornotilluminated, may projectbelowamarquee. 570.23. Electrical signs. Electrical signsmustbeinstalledinaccordance with thecurrentelectricalcodeandaseparatepermitfrom thebuilding officialmust beobtained priortoplacement. 570.25. Unauthorizedsigns. Thefollowing signs areunauthorized signsandareprohibitedbythisSection: a. Anysign, signal, markingordevicewhichpurportstobeorisanimitation ofor resemblesanyofficialtraffic controldeviceorrailroadsignorsignal, oremergency vehiclesignal, orwhichattemptstodirect themovementoftrafficorwhichhides from viewor interfereswiththeeffectiveness ofanyofficialtraffic-controldevice orany railroad signorsignal. b. Alloff-premise signs. c. Signspainted, attachedorinanyothermanneraffixedtotrees, rocks, orsimilarnatural surfaces, orattachedtopublicutilitypoles, bridges, towers, orsimilarpublicstructures. d. Portable signs. e. Changeable copysigns. Section 570 Page10 HopkinsCityCode (Zoning) 570.27 Revised7-27-06) 570.27. Setbacks. Subd. 1. Signsshallconformtothefollowingsetbackregulationsforthezoningdistrictinwhichthe signs arelocated except asotherwise specified in thissection. B-1 B-2 B-3 B-3 Residential Abutting County Road LotLineFront 10' 1 ' 1 ' 10' 5' LotLineSide 5' 0' 0' 5' 5' LotLineRear 5' 5' 10' 10' 5' I-1 I-2 LotLineFront 10' 10' LotLineSide 10' 10' LotLineRear 10' 10' LotLineRear - abuttingRDistrict 20' 20' Institutional Institutional AbuttingCountyRoad LotLineFront 5' 10' LotLineSide 5' 5' LotLineRear 5' 10' AddedOrd. 06-969) 570.29. Area. Theareawithin theframeofasignshallbeusedtocalculate thesquarefootage exceptthatthewidthofa frameexceeding12inchesshallconstitutesign face, andifsuchlettersorgraphicsbemounteddirectly onawallorfasciaorinsuchwayastobewithoutaframethedimensionsforcalculating thesquare footageshallbetheareaextendingsixinchesbeyondtheperipheryformedaroundsuchlettersorgraphics inaplanefigureboundedbystraightlinesconnectingtheoutermostpointsthereof. Eachsurfaceutilized todisplayamessageortoattractattentionshallbemeasuredasaseparatesignandshallbecalculatedin the overallsquare footage. Symbols, flags, pictures, wording, figuresorotherformsofgraphics painted onorattachedtowindows, walls, awnings, free-standingstructures, suspendedbyballoons, orkitesoron persons, animals, orvehiclesareconsideredasignandareincludedincalculatingtheoverallsquare footage. Section 570 Page11 HopkinsCityCode (Zoning) 570.31 Replaced8-29-13) 570.31. Canopies, marquees andfixedawnings. Canopies, marqueesandfixedawningsareanintegral partofthestructuretowhichtheyareattached. Theyareallowed intheBusiness andIndustrialDistricts iftheymeetfollowingrequirementsandthe applicable squarefootagerequirements. a. anawning, canopy ormarqueemaynotproject intothepublicright-of-waynearer than30inchestothestreet curborcurbline; b. awnings, canopiesormarquees mayhavenopartofthestructureotherthan supportsnearertheground surfacethan seven feet; c. thearchitecturalstyleoftheawning, canopyormarqueemaybeconsistent with thebuildingbeingserved; d. awnings, canopyormarquees projecting intotherequired yardsmaynotbe enclosedexceptwithatransparentmaterialpermitting throughvision; and e. awnings, canopiesormarquees builtoverthe publicright-of-waymustbeincludedina liabilityinsurance policyholding thecityfreeofallresponsibility. 570.32. Window signage. Temporary orpermanent signsshall beon theinside ofthewindow. Temporary or permanent window signsare limited to one-thirdofthe surface areaofthe window to which they areaffixed. (Added Ord. 13-1064) 570.33. Illumination External illumination forsignsshallbesoconstructed andmaintained thatthesource oflightisnot visiblefromthepublicright-of-wayorresidentialproperty. 570.35. Height. Thetopofasign, includingitssuperstructure, ifany, shallbenohigherthantheroofofthebuildingto whichsuchsignmaybe attachedor35feetaboveground level, whicheverheightisless. Signs, including anysuperstructure standing orerectedfreeofanybuilding orotherstructure, shallnotexceedanoverall height of35feetfromgroundlevelandshallbelocatedonlandinanareawhichislandscapedorifsuch landispartofanapproved parkingarea, itshall besurfacedorpavedasrequiredinthezoningcode. 570.37. Retroactive effect. Thissignordinanceshallapplytoallsignapplicationsapplied forand/orpendingpriortoitsenactment. 570.39. Non-commercialspeech. Notwithstanding anyother provisionsofthissignordinance, allsignsofanysizecontainingNon- CommercialSpeechmaybepostedfromAugust1inanygeneralelectionyearuntilten (10) days following thegeneralelectionandthirteen (13) weekspriortoanyspecial electionuntilten (10) days followingthespecial election. Section 570 Page12 HopkinsCityCode (Zoning) 570.41 Revised7-27-06) 570.41. Permitted signsbydistrict. Subd. 1. Residential Districts a. Withinresidentialzoningdistricts, signs arepermittedasfollows: District Maximumsignareaofsinglesign Totalareaofallsigns R-1, R-2 8squarefeetpersurface 16squarefeet R-3, R-4, 12squarefeetpersurface 24squarefeet R-5, R-6 b. Thefollowingtypesofsigns arenotpermittedinresidentialzoningdistricts: 1. Awning signs; 5. Marqueesigns; 2. Balloonsigns; 6. Polesigns; 3. Canopysigns; 7. Pylonsigns; and 4. Flashingsigns; 8. Shimmeringsigns. Subd. 2. Business Districts a. Withinbusinesszoningdistricts, signsarepermittedasfollows: District Maximumsignareaofsinglesign Totalareaofallsigns B-1, B-2 60squarefeet 2squarefeetperfrontfootofbuilding abuttingapublicright-of-way50feetor more inwidth. B-3, B-4 80squarefeet 3square feetperfrontfootof lot (narrowest footageonacornerlot) abuttingpublicright-of-way 50feetormoreinwidth. Subd. 3. IndustrialDistricts a. Withinindustrialzoningdistricts, signs arepermitted asfollows: District Maximumsignareaofsinglesign Totalareaofallsigns I-1, I-2 250square feet 4squarefeetperfrontfootoflot plus1squarefootperfootof sideyardabuttingapublicright- of-wayof 50feetormore. Leastwidthoffrontageshall beconsidered frontyard. Subd. 4. Institutional Districts a. Withininstitutional zoningdistricts, signs arepermitted asfollows: District Maximumsignareaofsinglesign Totalareaofallsigns Institutional 60squarefeet 3square feetperfrontfootof lot narrowestfootage onacorner lot) abuttingpublicright-of-way 50feetormoreinwidth. AddedOrd. 06-969) Section 570 Page13 HopkinsCityCode (Zoning) 570.42 Revised 4-28-11) 570.42. Permittedsigns: Business Parkdistrict. Subd. 1. WallSigns. Eachtenantotherthanthoseinmulti-tenant buildingsmayhaveoneflatwallsign, notextending morethan18inchesfromtheface ofthebuilding, exceptthatsuchsignagemayextend fromthefaceofthe roofoveracoveredwalk. Suchwallsigns shallnotexceed15% oftheareaofthe walltowhichthesignisattached, toamaximum of96squarefeet. Subd. 2. Monument signs. Usesotherthanthoseinmulti-tenant buildingsmayhaveamonumentsignthat shallnotexceed80square feetpersurface area, and15feetinheight, andissetbackaminimum20feet fromthepropertylines. Subd. 3. Multi-tenantsigns. Eachtenantinamulti-tenantbuildingmayhaveaflatwallsign, not extendingmorethan18inchesfromthefaceofthebuilding. Theaggregateareaofsuchsignsshallnot exceed5% oftheareaofthewalltowhich theyareattached. Subd. 4. Multi-tenantmonument signs. One monument signshall bepermittedforeachmulti-tenant building provided thesurfaceareaofthesigndoesnotexceedtwosquarefeetperfrontfootoflot. Signs shallnotbeover150squarefeet, or20feetinheight, andshall besetback20feetfromtheproperty lines. (AmendedOrd. 11-1026) Subd. 5. Canopies andAwnings. Thedesignofcanopiesshall beinkeepingwiththeoverall building design intermsoflocation, size, andcolor. Nocanopieswithvisiblewallhangersshallbepermitted. Signage oncanopiesmay besubstitutedforallowedbuildingsignageandshallbelimitedto25% ofthe canopy area. Internallyilluminatedcanopiesmustbecompatiblewiththeoverallcolorschemeofthe building. 570.43. Non-conforming signs: compliance. It isrecognizedthatsignsexistwithinthezoningdistrictswhichwerelawfulbeforethissignordinance wasenacted, butwillbeprohibitedunderthe termsofthissection. Itistheintentofthissignordinance thatnonconforming signsshallnotbeenlargeduponor expanded , norbeusedasgroundsforadding othersignsor usesprohibitedelsewhereinthesamedistrict. Itisfurthertheintentofthissignordinance topermitlegalnonconforming signsexistingon theeffectivedateofthissignordinancetocontinueas legalnonconforming signsprovidedsuchsignsaresafe, aremaintained soasnottobeunsightly, and havenotbeenabandonedorremoved subjecttothefollowingprovisions: a. Nosignshall beenlarged oralteredinawaywhichincreases itsnonconformity b. Iftheuseofthenonconforming signorsignstructureisdiscontinued foraperiodof one year, thesignorsignstructure shallnotbereconstructed orusedexceptinconformity withtheprovisions ofthisordinance. c. Shouldsuchnonconforming signorsignstructurebedamagedorstructurebedestroyed byanymeanstoanextent greaterthanfifty (50) percentofitsmarketvalueandall requiredpermitsforitsreconstruction havenotbeenapplied forwithin180daysofwhen thesignorsignstructure wasdamaged, itshallnotbereconstructedorusedexceptin conformitywiththeprovisions ofthisordinance. Section 570 Page14 HopkinsCityCode (Zoning) 570.43 (d.) Replaced8-16-05) d. Shouldsuchsignorsignstructure bemoved foranyreasonforanydistancewhatsoever, itshall thereafterconformtotheregulations forthezoning districtinwhich itislocated afterit ismoved. e. Noexisting signdevoted toausenotpermittedbythezoningcodeinthezoningdistrict in whichitislocatedshall beenlarged, expandedormovedexceptinchangingthesignto asignpermittedinthezoning districtin whichisitlocated. f. Whenabuildinglosesitsnonconforming statusallsignsdevotedtothestructureshallbe removed andallsignspainted directlyonthestructureshallberepaintedinaneutral colororacolorwhichwillharmonizewiththestructure. 570.45. Substitution Clause. Theownerofanysign whichisotherwise allowedby thissignordinancemaysubstitutenon-commercial speechinlieuofanyothercommercialspeechornon-commercial speech. Thissubstitutionofcopymay bemadewithout anyadditionalapproval orpermitting. Thepurposeofthisprovisionistoprevent any inadvertent favoring ofcommercial speechovernon-commercialspeech, orfavoringofanyparticular non-commercial speech overanyothernon-commercialspeech. Thisprovision prevailsoveranymore specificprovisiontothecontrary. Section 570 Page15 Section 556 Page 2 Hopkins City Code (Zoning) 556.03, Subd. 3 (Revised 8-29-13) Subd. 3. Materials. Awnings must be constructed of durable, protective, and water repellant materials. Plastic or fiberglass awnings are not allowed. Subd. 4. Lighting. Backlit or illuminated awnings are not allowed. Subd. 5. Projecting. Awnings must project a minimum of 36” from the building. 556.04. Signs . Subdivision 1. Signs will be architecturally compatible with the style, composition, materials, colors, and details of the building to which they are affixed and with other signs on nearby buildings, while providing for adequate identification of the business. Subd. 2. Lighting. Internally illuminated signs (not including neon) are proh ibited except for theater signage. Subd. 3. Prohibited. Pylon and monument signs are prohibited on Mainstreet. Subd. 4. Window signage. Temporary window signs shall be on the inside of the window. Temporary window signs are limited to one-third of the surface area of the window to which they are affixed. (Amended Ord. 13-1064) Subd. 5. Size. The combination of neon, permanently painted, and temporary window signs shall not exceed a total of two-thirds of the window surface area for that facade. Subd. 6. Projecting. Projecting signs will have a maximum size of 12 square feet and a maximum width of three feet. Projecting signs cannot extend beyond the first floor of the building. No less than 10 feet of clearance shall be provided between the sidewalk surface and the lowest point of the projecting sign. Subd. 7. Distance. Maximum distance between sign and building face is one foot. Subd. 8. Design details. Signs cannot block or obliterate design details, windows or cornices of the building upon which they are placed. 556.05. Building height. Subdivision 1. New buildings, building and additions and redeveloped or remodeled buildings will complement the existing pattern of building heights. Subd. 2. Height . Buildings in the overla y district may not exceed four stories or 45 feet in height. 556.06. Buildings. Subdivision 1. Buildings in the overlay district will together create the “wall of buildings” effect associated with traditional “Main Street” areas. HopkinsCityCode Zoning 55703 Subd 4 Subd 4 Lighting Backlitorilluminated awningsarenotallowed Subd 5 Projecting Awnings mustproject aminimumof36 fromthebuilding 55704 Signs Subdivision1 Signswillbearchitecturally compatiblewiththestyle composition materials colors anddetailsofthebuildingtowhichtheyareaffixed andwithother signs onnearbybuildings while providingforadequateidentification ofthebusiness Subd 2 Lighting Internallyilluminated signs notincludingneon areprohibited exceptfor theatersignage Subd 3 Prohibited PylonsignsareprohibitedonMainstreet Subd 4 Monumentsigns Monumentsigns nomorethatninesquarefeetareallowed Thebaseofthemonument signshall benotmorethanninesquarefeet Subd 5 Windowsignage Temporarywindowsignsarelimitedtoonethirdofthe window surfacearea Subd 6 Size Thecombination ofneon permanently painted andtemporary window signs shallnotexceedatotaloftwo thirdsofthewindowsurfacearea forthatfacade Subd 7 Projecting Projectingsigns willhaveamaximumsizeof12square feetanda maximumwidthofthreefeet Projectingsignscannot extendhigherthanthefirstfloorofthe building Nolessthan10feetofclearanceshallbeprovidedbetweenthesidewalksurfaceand thelowestpointoftheprojectingsign Subd 8 Distance Maximumdistance betweensignandbuildingfaceisonefoot Subd 9 Designdetails Signscannot blockorobliterate designdetails windowsor cornices ofthebuilding uponwhichtheyareplaced 55705 Buildingheight Subdivision 1 Newbuildings buildingandadditionsandredeveloped orremodeledbuildingswillcomplementtheexisting patternofbuildingheights Subd 2 Height Buildings intheoverlaydistrictmaynotexceedfourstoriesor45feet inheight 55706 Setbacks Subdivision1 Newconstruction andinfillbuildings willabutMainstreet right ofwayexcept forthefollowing a AportionofthebuildingmaybesetbackfromMainstreetinordertoprovide anarticulatedfaçadeoraccommodate abuildingentrance feature providedthatthetotal areaofthespace createdmustnotexceedonesquare footforeverylinearofbuilding frontage Section 557Page 2 INFORMATION M EMO Sign Ordinances and the First Amendment Learn how to design a sign ordinance for your city that meets the requirements of the First Amendment for protecting various forms of speech. RELEVANT LINKS: I. First Amendment principles The First Amendment protects signs as speech, and courts will look very closely at any attempts to regulate signs. There are a few rules for regulating signs: • Do not regulate based on content. • Do not favor commercial speech (advertising) over noncommercial speech. • Restrictions on signs must accomplish a substantial government interest and be no broader than necessary. The main substantial governmental interests recognized by courts are traffic safety and aesthetics. II. Drafting a sign ordinance See sample sign ordinance, City of Hopkins. With the First Amendment rules for regulating signs in mind there are several steps cities can take when drafting ordinances. There are things every sign ordinance should probably contain and provisions all sign ordinances should avoid. A. Provisions to include 1. Statement of purpose This section tells why the ordinance was drafted and how it should be applied. It should state clearly that it is not intended to have content-based restrictions and should not be applied that way. It provides a quick clear statement of government purposes and how the ordinance fulfills those purposes rather than needing to review your legislative record if challenged. 145 University Ave. West www.lmc.org 3/7/2007 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2013 All Rights Reserved This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. RELEVANT LINKS: 2. Substitution clause A substitution clause provides that for every sign that is allowed, any non- commercial message could be legally substituted. This ensures that non- commercial speech is never discriminated against based on content because it will always allow a noncommercial message on any sign. Many ordinances inadvertently define signs in terms of advertising and may incidentally seem to allow only commercial messages. A substitution clause may correct these mistakes by providing a catch-all allowance of noncommercial messages notwithstanding other provisions. 3. Severability clause A severability clause provides that if any provision of the ordinance is found to be invalid, the remainder of the ordinance stands on its own and is still valid. This clause may prevent a flaw in part of the ordinance from invalidating all of it. 4. Election season pre-emption Minn. Stat. § 211B.045. Your ordinance should contain acknowledgement of election season preemption required by state law. Under this law municipalities must allow noncommercial signs of any size during election season, from 46 days before the state general primary until ten days after the state general election. 5. Content-neutral regulations Regulations should be objectively based on time, place, and manner, not content. Examples include regulations based on size, brightness, zoning district, spacing, and movement. B. Provisions to avoid 1. Unfettered discretion Avoid discretionary approval by the city. Having discretion creates the potential for favoring some messages or messengers over others, whether or not that discretion is actually abused. Permit requirements should be transparent and objective. 2. Exemptions or favoritism Avoid exempting certain groups or messages, such as church signs or official flags, from permit requirements. This could be content-based discrimination. League of Minnesota Cities Information Memo: 3/7/2007 Sign Ordinances and the First Amendment Page 2 RELEVANT LINKS: Exemptions also may “water down” the substantial government interest. For example, if an ordinance prohibits temporary signs but allows a long list of exemptions, it suggests the city is not really concerned about temporary signs. Exemptions may be based on valid time, place, or manner restrictions, such as exempting all signs under a certain size from permitting requirements. 3. Over-defining signs Cities may inadvertently treat non-commercial speech differently by defining “sign” as “advertising”. This occasional problem is the combination of a few steps: • Signs are defined as advertising devices. • The ordinance allows signs as defined. • All other signs are prohibited. This arguably prohibits noncommercial speech, which is unconstitutional. III. Common sign ordinance issues A. Off-premises advertising (billboards) Off-premise advertising consists of commercial signs that do not advertise for a business on the same premises as the sign. It is legal to forbid off- premise advertising, so long as the prohibition does not extend to noncommercial messages B. Flags Be cautious of regulations that might favor some types of flags, particularly the United States Flag, over other flags. This is a good place for the substitution clause; if one type of noncommercial flag would be acceptable, any noncommercial flag should be allowed. C. Yard signs City of Ladue v. Gilleo, 512 U.S. 43, 114 S. Ct. 2038 (1994), Some courts have held that yard signs are constitutionally protected and cannot be prohibited. Be especially cautious about provisions that favor some messages over others, such as exemptions for real estate or construction project signs. League of Minnesota Cities Information Memo: 3/7/2007 Sign Ordinances and the First Amendment Page 3 RELEVANT LINKS: D. Electronic signs SRF Consulting Group, “Dynamic Signage: Research Related to Drive Distraction and Ordinance Recommendations”, June 7, 2007. Minn. Stat. § 462.355, subd. 4. Minn. Stat. § 462.357, subd. 1e. Electronic signs present new challenges, as the technology is capable of new levels of brightness, movement, flashing, and potential distraction. Most sign ordinances do not adequately address these issues. The League has commissioned a study on the traffic safety implications of the technology. Cities may wish to consider moratoriums while the study is conducted and then drafting ordinances that apply the information to each community. A moratorium may prevent electronic signs from becoming grandfathered. IV. Further assistance There are exceptions to these general rules about sign ordinances and the First Amendment but they should be approached cautiously and with legal advice. Cities should work closely with their city attorney to draft and review sign ordinances. Paul Merwin, Defense Attorney pmerwin@lmc.org 651.281.1278 Jed Burkett, Land Use Loss Control Attorney jburkett@lmc.org 651.281.1247 You may also contact League staff for assistance and sample ordinances. League of Minnesota Cities Information Memo: 3/7/2007 Sign Ordinances and the First Amendment Page 4