01-22-07 PC Agenda
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AGENDA
Golden Valley Planning Commission
Joint Meeting with the Environmental Commission
Presentation/Discussion of the Water Supply Plan portion of the Comprehensive Plan
Golden Valley City Hall, 7800 Golden Valley Road
Council Conference Room
Monday, January 22,2007
6pm
I.
Presentation/Discussion of the Water Supply Plan portion of the
Comprehensive Plan
Golden Valley Planning Commission
Regular Meeting
Council Chambers
7pm
I. Approval of minutes
January 8, 2007 Planning Commission Meeting
II. Informal Public Hearing - Section 11.73 Outdoor Lighting Ordinance
Applicant: City of Golden Valley
Purpose: To establish an ordinance regulating outdoor lighting and to amend,
add or delete language in the current City Code regarding outdoor
lighting in the following Sections:
Chapter 4, Section 4.60, Subd. 6 (C)
Chapter 6, Section 6.39, Subds. G & J
Chapter 11, Section 11.30, Subd. 8
Chapter 11, Section 11.36, Subd. 5
Chapter 11, Section 11.55, Subd. 5(A)(1)
Chapter 11, Section 11.70, Subd. 5(A)(4)
III. Reports on meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other meetings
IV. Other business
V. Adjournment
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Regular Meeting of the
Golden Valley Planning Commission
January 8, 2007
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on
Monday, January 8, 2007. Chair Keysser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty,
Schmidgall and Waldhauser. Also present was Director of Planning and pment
Mark Grimes, Planning Intern Bryan Gadow, Planning Intern Teresa
Administrative Assistant Lisa Wittman.
1. Approval of Minutes
December 11, 2006 Regular Planning Commission M
Eck noted some typographical errors.
MOVED by Schmidgall, seconded by Waldhaus
approve the December 11, 2006 minutes with th
2. Discussion Regarding Infill H
Gadow stated that at the last Pia
staff to focus more of their rese
discussed at that meeting.
ssion the Commissioners directed
o~;the infillhousing issues that were
Cera asked why more r
Murphy said she thought t
was one of the issu
Commission w~nted
regarding seco'n" 0
vided regarding Floor Area Ratio (FAR).
sn't a consensus by the Planning Commission that that
further research. Cera said he thought the Planning
t FAR requirements because it covers the issue
s.
t looking at height and lot coverage would get them to the
. Waldhauser added that FAR would not work on remodels, only
ra stated that for new construction the second floor could be set
Id not look so massive. Grimes said that using side wall articulation
issue.
Gadow referred to the staff report and discussed the measuring of building height. He
said that the way Golden Valley figures building height is in line with how many other
communities across the state do it. He said staff is recommending that the City not
. change how it measures the height of a building. Howeverproviding education on how
the City defines height and how the height is measured would be helpful.
Keysser questioned if the30-foot maximum height allowed for a house could be too high.
Grimes stated that 30 feet is fairly standard and that the question of height doesn't really
come up too often. Keysser said it is a visual thing and it's the first thing people notice.
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Minutes of the Golden Valley Planning Commission
January 8, 2007
. Page 2
Cera stated concern about someone possibly filling a lot and then building up from that
point. Grimes stated that the City's erosion control ordinance would address that issue.
He added that there ,can't be code written for every situation. Keysser agreed that
someone filling a lot and then building on top of that is theoretically possible, but not very
likely.
Cera suggested adding some language about the "natural grade". Waldhauser stated that
determining the natural grade would be difficult. Keysser suggested adding language to
the erosion control policy that won't allow for excessive grading becaus the City
Engineer would have some discretion, Grimes said he would like to si Keysser
and the City Engineer to talk about possible "natural grade" langua e us
surface issues.
eight of
awn to
m height
ome . Keysser said
eally tall. He
flat roofed homes and
ould affect the design of the
rently measured in Golden
e of height might be a
. 'ng Commission meetings height
lem. rimes suggested that he and
~hnson about the issue of height.
Eck referredJo the building height illustration and questione
the highest gable is measured. Murphy explained that the iIIu
scale. Kluchka suggested saying that 30 feet to the to ak
allowed for a house; but that won't solve the proble
that depending on the neighbor~ood, a 30-foot t
suggested language regarding a.30 foot height
maybe 35 feet maximum for sloped roofs.
homes. Waldhauser said she thinks that
Valley seems to be working. Keysser
perceived problem; Kluchka said at
was a problem. He questioned if'
Keysser also talk to the Buildin
lIythree reasons to be looking at these infill
ability of houses and the third is environmental.
ally said that it is not willing to preserve small homes or
ouncil and the Planning Commission are not solving the
. era said he thinks there are still some issues that can
concerned about afford ability of homes and the
ily just starting out can't afford a home in Golden Valley. Eck
ck of affordable homes in Golden Valley that will be around for
i concern is that people will buy these affordable homes, tear
build a huge house in its place.
Waldhauser said she thi
issues. One is aesthetics,
She stated that the . h
large lots. Kluchka
problems they'
be addressed.
possibility
said h
a long ti
d the h
to the impervious surface regulations and asked if the Commission felt
there is e in Golden Valley with allowing too much impervious surface area. She
stated that Golden Valley does allow more impervious surface than other cities she's
researched. She said currently 70% or more of a lot could be covered with impervious
surface. She asked if the issue is aesthetic or environmental. Waldhauser said she thinks
it's both.
Cera referred to the illustration showing the maximum size house that could be built on a
10,000 square foot lot. He said that a 3,000 square foot home on a 10,000 square foot lot
is a lot of house on one lot.
Minutes of the Golden Valley Planning Gommission
January 8, 2007
Page 3
. Grimes said that staff has also talked about requiring a certain percentage of open space.
Murphy said that in order to make an impact environmentally there is going to have to be
a big change in the ordinance regarding impervious surface compared to what the City
has currently. Grimes said that it would be hard to monitor a percentage of open space
and that the City would have to require building permits for everything. The City does
require building permits for at-grade patios, decks less than 8 inches in height and
driveways. Waldhauser said there could be an ordinance regarding i"mpervious surface
and that maybe the City would just not inspect properties.
Grimes referred to the staff
Commissioners that they
maximum of 1,200 squar
that the City Counci oes
that the City allow a .
reduce the siz n
accessory stru
structu re
sugge
Eck asked about the current ordinance allowing for up to 50% of the f
impervious surface. Grimes explained that the 50% amount came
storage ordinance because the City wants to see recreational v
surface. He added that very few people would ever have 50%
impervious surface. Cera noted that the City of Bloomingto
percentage. Grimes said the Commission could suggest a n
McCarty said he would be in favor of allowing up to 4 or Ie
hard
.
Cera asked if there is way the City could encour
driveways. Waldhauser said that some newer c
not fully developed communities. She adde
to require different grading techniques.
bonus. Grimes said usually bonuses al
purpose in this case. He suggested
40% of a front yard to be impervi
entally sound
ncourage things like that but
ke a much bigger difference
ing some sort of trade-off or
ore and that would defeat the
nce to allow for a maximum of
a mInimum of a 16 foot wide driveway.
cusse accessory structures. He reminded the
ommendation to the City Council to allow a
c ry structures on lots over a certain size. He said
to allow accessory structures that large. He suggested
,000 square feet of accessory structure space total, but
cessory structure to maybe 800 square feet, so no one
I 00 square feet in size. He also suggested that accessory
a maximum of 15 feet in height to the peak of the roof. Eck
ssory structures can not be taller than a principal structure.
ight of accessory structures and. principal structures should be
way. Grimes said he didn't think so because there isn't the issue of
accessory structures.
.
Gadow referred to the next item in his staff report which is side wall articulation. He stated
that there are not a lot of examples of ordinances regarding side wall articulation but
referred to two that he found in the cities of EI Se9undo, CA and Austin, TX.
McCarty said he likes the approach of requiring walls to be "notched in" or "offset". Eck
said he doesn't think that there would be many sidewalls longer than 32 feet as noted in
the examples. Grimes suggested having different requirements for different sized lots
such as 40 to 60 foot wide lots would be required to have a 2 foot "offset" after 32 feet in
Minutes of the Golden Valley Planning Commission
January 8, 2007
Page 4
. wall length and bigger lots would maybe require a 4 foot "offset" after 32 feet in wall
length. McCarty said he thinks requiring a 2 foot "offset" after 32 feet in wall length would
work for all lots. Waldhauser said she likes the idea that the 2 foot "offset" is required for a
distance of 8 feet.
Waldhauserasked about changing the requirements for rear yard setbacks. Grimes said
that there really haven't been any issues regarding rear yard setbacks.
Schmidgall said he attended the January 2 City Council me
of Zoning Appeals decision that was being appealed to the C
4125 Beverly Avenue. The Council upheld the Board onin
the requested variances on a 4 to 1 vote.
3. Reports on Meetings of the Housing and Redevelopme
Council, Board of Zoning Appeals and other Meeting
Keysser said he thinks he is ready to start writing the report to the Coun
the Board
meowner at
cision to deny
Waldhauser told the Commission that MnAPA
some money budgeted for training for Plan
emin cities that they have
rs around the state.
.
4.
Other Business
. Duke Realty's (St. Lou'
Grimes told the Commission
meeting on Tuesday, Jan
the AUAR study that wa
is similar to an environm
alternatives and ho
of St. ouis Park is having a neighborhood
St. Louis Park City Hall regarding the results of
t e i;_~e Realty project. He explained that the study
ctstatement and looks at five different development
rtain issues such as traffic, noise, etc.
oint meeting with Environmental Commission to
prehensive Plan - Water Supply Plan
nning Commission will be meeting with the Environmental
their next meeting to discuss and hear a presentation on the water
f the Comprehensive Plan.
ary 12 at 6 pm - Joint meeting with City Council and URS to discuss the
1-394 Corridor final report
Grimes stated that there will be a joint meeting with the Planning Commission and the
City Council on February 12. Planning Consultant, URS will be discussing the draft
1-394 Corridor study final report.
.
5.
Adjournment
The meeting was adjourned at 8:45 pm.
.
.
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Planning
763-593-8095 I 763-593-8109 (fax)
Date:
January 18, 2007
To:
Golden Valley Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Informal Public Hearing on Outdoor Lighting Ordinance and Various
Ordinance Revisions to Accommodate the Outdoor Lighting Ordinance
The final draft of the Outdoor Lighting Ordinance has now been prepared for consideration at
an informal public hearing by the Planning Commission. The ordinance also includes other
changes to the zoning code that are necessary when a new Outdoor Lighting Ordinance is
adopted. These additional changes include changes to the non-conforming use section to
bring the City's nonconforming uses language into consistency with State Statute. Other
changes are needed in order to eliminate requirements for outdoor lighting that are found in
other sections of the zoning code.
The proposed Outdoor Lighting Ordinance has been considered numerous times by the
Planning Commission, Environmental Commission and City Council. The first discussion of a
lighting ordinance started in August 2005 with a joint Planning Commission/Environmental
Commission meeting. Three additional joint meetings were held with the last one held on
August 28, 2006. A draft of the ordinance was then presented to a City Council/City Manager
meeting on September 13, 2006. At that meeting, direction was given to staff and consultant to
make certain changes. Changes were made and a revised draft was presented to the City
Council on December 12, 2006. After that meeting, direction was given to prepare an
ordinance for public hearing purposes.
The Planning staff (including interns) has been working with Planning Consultant Perry Thorvig
on the drafting of this ordinance. Mr. Thorvig will be attending the public hearing to present the
. ordinance and answer any questions.
Recommended Action
After holding the informal public hearing, recommend adoption of the Outdoor Lighting
Ordinance (Section 11.73) and revise various parts of the zoning code in order to eliminate
certain contradictions or inconsistencies that would occur with the adoption of the Outdoor
Lighting Ordinance.
Attachments
Outdoor Lighting Ordinance (10 pages)
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ORDINANCE NO. _,2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 11, Adding Section 11.73, Regarding Outdoor Lighting
and Revising Chapter 11, Section 11.90, Subd. 2 (Non-Conforming Uses), Section 4.60,
Subd. C (Residential Property Maintenance Code), Section 6.39, Subd. G and J (Motor
Vehicle Dealers, Section 11.30, Subd. 8 (Commercial Zoning District), Section 11.36,
Subd. 5 (Industrial Zoning District), Section 11.55, Subd. 5(A)(1) (PUD), Section 11.70,
Subd. 5(A)(4) (Off-Street Parking and Loading Requirements)
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. Chapter 11 of the City Code is hereby amended by adding the
following new section:
Section 11.73 Outdoor Lighting
Subdivision 1. Purpose. The purpose of these regulations is to create
standards for outdoor lighting which will provide for nighttime safety, security and utility
while reducing light pollution, light trespass, and conserving energy for residential and
non-residential properties.
Subdivision 2. Definitions. For the purpose of this Section the following
terms shall have the meanings given.
A. "Cutoff' - The point at which all light rays emitted by a lamp, light
source, or luminaire is completely eliminated (cutoff) at a specific angle above the
ground.
B. "Cutoff Angle" - The maximum angle formed by a line drawn in
the direction of emitted light rays at the light source and a line perpendicular to the
ground from the light source.
C. "Flood Lighting" - Any light fixture or lamp that incorporates a
reflector or a refractor to concentrate the light output into a directed beam in a particular
direction with a wide or narrow beam.
D. "Footcandle" - The American unit used to measure the total
amount of light cast on a surface'(iIIuminance). One (1) footcandle is equivalent to the
illuminance produced by a source of one (1) candle at a distance of one (1) foot.
E. "Full Cutoff-Type luminaire"- A luminaire constructed or shielded
to direct all light at a cutoff angle of less than 90 degrees.
F. "Fully Shielded" - The luminaire designed and installed where no
light is emitted at or above a horizontal plane running through the lowest point on the
luminaire.
G. "Glare" - Direct Iiqht emitted from a luminaire with intensity great
enouqh to cause visual discomfort, eye fatique. a reduction in a viewer's ability to see.
or. in extreme cases, momentary blindness.
\.
H. "IESNA (Illuminating Engineering Society of North America [IES
or IESNA))" - The professional society of lighting engineers, including those from
. manufacturing companies, and others professionally involved in lighting.
I. "Lamp" - The generic term for an artificial light source, to be
distinguished from the whole assembly (the luminaire). The lamp is commonly referred
to as the "bulb".
J. "Light Pollution" - The shining of light produced by a luminaire
above the heightof the luminaire and into the sky.
K. "Light Trespass" - The shining of light produced by a luminaire
beyond the boundaries of the property on which it is located.
L. "Lumen" - A quantitative unit measuring the amount of light
emitted from a light source.
M. "Luminaire" - A complete lighting unit consisting of a lamp or
lamps together with the parts designed to distribute the light. A luminaire is commonly
referred to as a "fixture."
N. "Partially shielded" - The condition where the luminaire
incorporates a translucent barrier that forms a partial shield around the lamp that allows
some light to pass through the barrier while concealing the lamp from the viewer.
.
O. "Shielded(ing)" - The lamp is not visible with a shielded light
fixture, and no light is emitted from the sides of the fixture; Also considered a "full cut-off
fixture."
P. "Uniformity Ratio" - A description of the smoothness of the
lighting pattern or the degree of intensity of ligtit and dark areas in the area to be
lighted. Uniformity is expressed as a ratio of the maximum footcandle measurement to
the minimum footcandle measurement. The lower the ratio the more uniform the lighting
design.
Q. "Uplighting" - Lighting that is directed in such a manner as to
shine light rays above the horizontal plane.
R. "Wallpack"- A luminaire that mounts on the wall.
Subdivision 3. Applicability.
A. Except as otherwise provided, the lighting standards of this
Section shall be applicable to all residential and non-residential uses.
B. The regulations in this Section do not apply to the following:
.
1. Lighting required by the Federal Aviation Administration or
other federal or state agency.
.
.
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2. Public street or alley lighting located within the public right
of way that is authorized by the City of Golden Valley.
3. Temporary lighting for City authorized special events,
theatrical productions, outdoor television production sets, and performance areas.
4. Temporary lighting used for the construction or repair of
roadways, utilities, and other public infrastructure.
5. Vehicular lights and all temporary emergency lighting
needed by the police department and fire protection district, or other emergency
services.
6. Lighting of public and existing outdoor recreational
facilities, such as but not limited to ball fields, tennis courts, soccer fields, hockey or
skating rinks, golf courses, golf-ball driving ranges, and special events or play areas.
Lighting for these outdoor recreational uses shall be shielded to minimize light from
spilling over onto adjacent residential properties. Public recreational facility lighting is
prohibited after 10:30 pm, unless a later completion time is approved by the City
Manager, or his/her designee.
.
7. Lighting within swimming pools.
8. Sign lighting which is governed by Section 4.20 of City
Code.
9. Decorative seasonal lighting.
Subdivision 4. Prohibited Lights.
A. The following lights are prohibited.
1. Mercury vapor lamps.
2. Low pressure sodium lamps are prohibited unless the City
Manager or his/her designee finds that the color distortion effect of low pressure sodium
lighting will not create a hindrance to crime prevention and investigation.
Subdivision 5. Method of Measurement.
A. Any light measurements shall be taken with a light meter with
cosine, color correction. Measurements shall betaken with a light meter that has been
calibrated within the year. Any measurements shall be measured by positioning the
meter horizontally at ground level.
B. Any light measurement taken at the property line shall be
measured at the greatest point of illumination of said property line. If measurement on
private property is not possible or practical, light level measurements may be made at
the boundary of the public street right-of-way that adjoins the property of the
complainant or at any other location on the property of the complainant.
.
.
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C. Any light measurements to determine the minimum and
maximum lighting levels internal to a site will be taken at the greatest and least points of
artificial illumination.
Subdivision 6. Nonconformities and Nuisance.
A. Any new outdoor lighting installed after the effective date of this
ordinance shall comply with the requirements of this Section. Lighting in existence
before the effective date of this ordinance that does not comply with the requirements
hereof shall be considered legally non-conforming to the extent provided by the terms of
Section 11.90, subd. 2.
B. Evidence that a nonconforming luminaire directs glare to other
private property located in a residential zoning district at a level of illumination caused
by the luminair~ equal to or greater than 0.5 footcandles on the other private property
creates a presumption that it is a public nuisance. Such fixtures shall be altered to
reduce the level of illumination in the residential zoning district to less than 0.3
footcandles within 30 days of receiving a written notice from the City Manager or his/her
designee. If the owner or occupier of the property containing the nuisance fails to
correct the level of illumination within such 30 day period, such failure to correct shall be
deemed to be a continuing violation of this section.
Subdivision 7. Lighting Plan Requirements. An outdoor lighting
(photometric) plan shall be submitted in conjunction with the building permit application
for any new non R-1 or R-2 development and any expansion of more than 20% of the
building or site area. No building permits shall be issued for said development until the
photometric plan has been approved by the City as being consistent with the terms of
this Section. A photometric plan shall include the following:
A. The location and height above grade of each light fixture.
B. The type (such as incandescent, halogen, high pressure sodium)
and luminous intensity of each light source with intensity readinq points no greater than
30 feet apart.
C. The type of fixture (such as floodlight, full-cutoff, lantern, coach
light).
D. Estimates for site illumination resulting from the lighting, as
measured in foot-candles, should include minimum, maximum and avetage illumination.
Comparable examples already in the community that demonstrate technique,
specification, and/or light level should be provided if available to expedite the review
process.
E. Hours of illumination.
F. Certification by the property owner or agent and the preparer of
the plan in writing that the exterior lighting depicted on the plan complies with the
requirements of this Section; Once the plan is approved, the exterior lighting of the
property shall conform to the plan.
G. Other information deemed necessary may also be required by
the City Manager or his/her designee to document compliance with the provisions of this
Section.
.
H. If deemed necessary, the City may require the applicant's
outdoor lighting plan to be reviewed by a lighting consultant.at the applicant's expense.
Subdivision 8. Requirements for Residential (R1 and R2) Zoning'
Districts. The provisions in this Subdivision apply to the R 1 and R2 Zoning Districts.
A. Lighting Levels. The maximum power of any luminaire shall be
150 watts.
B. Light Trespass. All outdoor lighting shall be designed and
located such that the maximum illumination shall not exceed 0.3 footcandles at the
property line.
C.Security Lights. Motion-activated security lights and unshielded
floodlights or spotlights are permitted. However they must meet the light trespass
requirements of Section 8B.
Subdivision 9. General Requirements for other zoning districts (Non
R1 and R2 Properties). The following provisions apply in all areas except for R 1 and
R2 zoning districts. .
. A. Lighting Fixtures. All exterior lighting shall use full cut-off
luminaires with the light source downcast and fully shielded, with the following
exceptions:
1. Luminaires that have a maximum output of four hundred
(400) lumens per fixture, regardless of number of lamps (equal to one forty [40] watt
incandescent light), may be left unshielded provided the luminaire has an opaque top
and is under an opaque structure.
2. Luminaires that have a maximum output of one thousand
(1,000) lumens per fixture, regardless of number of lamps (equal to one sixty [60] watt
incandescent light) may be partially shielded provided the lamp is not visible, and the
luminaire has an opaque top or is under an opaque structure.
3. The City Manager or his/her designee may permit
alternatives to full-cut off fixtures if there is a City approved area lighting plan. In order
for the area lighting plan to be approved, it must be demonstrated that undesirable off-
site impacts stemming from the luminaires are reduced by the fixture design or location.
.
4. Uplighting/Accent Lighting described in Subdivision 13A.
B. Light Trespass. Outdoor lighting shall be designed and located
such that the maximum illumination shall not exceed 0.5 footcandles at the property
line.
2. The top exterior deck of parking garages shall be treated
as normal pole mounted lighting rather than as lights mounted to buildings. The
maximum height for light poles in these locations shall be twenty (20) feet.
3. Free-standing luminaires used for walkways, plazas and
other pedestrian areas are permitted to be a maximum of eighteen (18) feet.
D. Timer, Dimmers, and Sensors. Lighting installation shall include
timers, dimmers, a,nd/or sensors to reduce overall energy consumption and eliminate
unneeded lighting.
.
E. Curfew. Lighting systems described in Subdivisions 10, 11 ,and
12 below shall be extinguished or reduced in lighting by at least fifty (50) percent
beginning one hour after close of business and continuing until dawn or start of
business, whichever is sooner. The reduction shall be determined as an overall average
for the site. This provision does not require parking lot lighting levels to be reduced to
less than 0.2 footcandles. .
Subdivision 10. Specific Requirements for Parking Lot Lighting. The
following specific lighting level requirements apply only to parking lot lighting.
A. Open-air parking lot lighting standards. The table below
establishes open-air parking lot lighting standards. For multilevel parking facilities, the
roof level shall be considered an open-air parking lot.
Minimum footcandles on
avement
Maximum footcandles on 4.0 fc 7.5 fc
pavement
Uniformity Ratio 20:1 15:1
Maximum: minimum
*When requested by the property owner, the City Manager or his/her designee may increase from Basic
to Enhanced Security lighting levels when personal security is an issue, such as where vandalism or
crime levels are greater than the average. The City Manager or his/her designee may consider specific
site characteristics, level of vehicle and pedestrian conflict, special security needs, and history or
likelihood of crimes in making the determination.
.
Subdivision 11. Specific Requirements for Service Stations. The
following specific requirements apply only to service. stations:
.
.
.
A. Canopy Lighting.
1. Lighting fixtures mounted under canopies used for vehicle
shelter shall be aimed downward and installed such that the bottom.qf the light fixture or
its lens, whichever is lower, is recessed or mounted flush with the bottom surface of the
canopy. A full cutoff light fixture may project below the underside of a canopy. All light
emitted by an under-canopy fixture shall be substantially confined to the ground surface
directly beneath the perimeter of the canopy.
2. Lights shall not be mounted on the top or sides (fascias)
of the canopy, and the sides (fascias) of the canopy shall not be internally illuminated.
3. Light levels shall not exceed twelve (12) footcandles
average maintainea at the perimeter of the canopy and measured at ground level.
A. The illumination 20 feet beyond the perimeter of the canopy shall
be a minimum of two (2) footcandles and a maximum of five (5) footcandles.
B. Exceptions to lighting level standards. At the discretion of the
City Manager or his/her designee, increased lighting levels may be permitted for
enhanced security purposes only.
Subdivision 12. Specific Requirements for Auto Sales Areas. The
following specific requirements apply only to auto sales areas:
A. Lighting Levels. Lighting levels shall not exceed a maximum of
twenty (20) footcandles within an auto sales area.
B. Light Uniformity. The maximum uniformity ratio (maximum
illumination to minimum illumination) throughout an auto sales area shall not exceed
30:1.
Subdivision 13. Requirements for Uplighting and Accent Lighting.
A. Architectural features may be illuminated by uplighting, provided
no glare or light trespass is produced. Floodlights or other lighting attached to poles to
illuminate buildings is prohibited.
B. For statues, public art, or other objects of interest that cannot be
illuminated with downlightin'g, upward lighting may only be used that is confined to the
illumination to the object of interest.
C. Uplighting of flags is permitted with a limit of three (3) luminaires
per flag pole with a maximum of one hundred and fifty (150) watts from each luminaire.
The fixtures must be shielded such that the light source is not visible outside of a fifteen
(15) foot radius.
Subdivision 14. Temporary Lighting.
A. Lighting used to illuminate temporary uses shall be reviewed,
and if necessary conditioned, through the Temporary Use Permitting process.
B. The City Manager or his/her designee may impose specific
. conditions for the lighting of temporary uses consistent with the purposes of this section.
Section 2. Section 11.90, subd. 2, is changed to read as follows:
Subdivision 2. Non-Conforming Uses.
A. Any nonconformity, including the lawful use or occupation of land
or premises existing at the time of the adoption of an additional control under this
chapter, may be continued, including through repair, replacement, restoration,
maintenance, or improvement, but not including expansion, unless:
1. The nonconformity or occupancy is discontinued for a
period of more than one year; or
2. Any nonconforming use is destroyed by fire or other peril
to the extent of greater than 50 percent of its market value and no building permit has
been applied for within 180 days of when the property is damaged. In this case, the City
may impose reasonable conditions upon a building permit in order to mitigate any newly
created impact on adjacent property.
B. Any subsequent use or occupancy of the land or premises shall
be a conforming use or occupancy.
. C. Notwithstanding subparagraph A, above, the City shall regulate
the repair, replacement, maintenance, improvement, or expansion of nonconforming
uses and structures in floodplain areas to the extent necessary to maintain eligibility in
the National Flood Insurance Program and not increase flood damage potential or
increase the degree of obstruction to flood flows in the floodway.
.
Section 3. Section 4.60 Residential Property Maintenance Code Subdivision
6(C), is changed to read as follows:
C. Exterior lighting. All circulation and parking areas of any
structure shall be subiect to the requirements in Section 11.73 Outdoor Lightinq.
provided at all times '1.'ith a sustained minimum a'.'erage illumination of at least 1 foot
candle. Parking lot illumination may not cast more than 0.5 foot candle upon any public
street or adjoining proporty.
Section 4. Section 6.39 Motor Vehicle Dealers Subdivision 2(G) is changed to
read as follows:
G. No motor vehicle dealer shall permit floodlights or sounds from
loudspeakers on the business premises to shine or be heard to the reasonable
disturbance of other persons on adjacent properties.
.
.
.
Section 5. Section 6.39 Motor Vehicle Dealers a~d Subdivision (J) to read as
follows:
J. LiQhtinQ for motor vehicle dealer parkinQ lots shall be subiect to
the reauirements in Section 11.73 Outdoor LiQhtinQ.
Section 6. Section 11.30 Commercial Zoning District Subdivision 8 is changed to
read as follows:
Subdivision 8. Height Restrictions. No building or structure, other than water
tanks, water towers, essential service communication structures as provided for in
Section 11.71 of this Code, and lighting fixtures, shall be erected to exceed a height of
three (3) stories in the Commercial Zoning District. All necessary mechanical equipment
and elevator penthouses will not be included in computation of building height. The City
Council may grant a Conditional Use Permit for a taller building.
Section 7. Section 11.36 Industrial Zoning District Subdivision 5 is changed to
read as follows:
Subdivision 5. Building Height. No building or structure, other than water
tanks, water towers, essential service communication structures as provided for in
Section 11.71 of this Code, and lighting fixtures, shall be erected to exceed a height of
forty-five (45) feet in the Industria"1 Zoning District. All necessary mechanical equipment
and elevator penthouses will not be included in computation of building height.
Section 8. Section 11.55 PUD, Subdivision 5(A)(1), is changed to read as
follows:
1. Preliminary PUD Plan. A Preliminary PUD Plan of the
proposed development illustrating the nature and type of proposed development, shall
identify all land uses and proposed square footage, the location of buildings, existing
and proposed roadways and accesses, pedestrian ways and sidewalks, proposed
parking areas, preliminary traffic volume projections, areas to be preserved, public and
common areas, preliminary building elevations including height and materials,
preliminary utilities plan, the location of the parcel's boundaries, the net and gross
density of the development, the total area occupied by the development, lot coverage, a
lighting plan (subiect to the reQuirements in Section 11.73 Outdoor LiQhtinQ) and the
amenities to be provided and a development schedule:
Section 9. Section 11.70 Off-Street Parking and Loading Regulations,
Subdivision 5(A)(4), is changed to read as follows:
4. Lighting. \^lhere artificial lighting is provided in loading or
unloading ::ueas, it shall be directod perpendicular to the ground and arranged to reflect
a'Nayfrom any rosidence, street or high\4.(ay. LiQhtinQfor parkinQ areas shall be subject
to the reauirements in Section 11.73 Outdoor LiQhtinQ.
.
.
.
Section 10. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation," Section 11.03 entitled
"Definitions" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted
in their entirety, by reference, as though repeated verbatim herein.
Section 11. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this _ day of
,2007.
Linda R. Loomis, Mayor
ATTEST: