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HomeMy WebLinkAbout[05] Special Use Permit STATE OF MINNESOTA CITY OF ST. JOSEPH COUNTY OF STEARNS SPECIAL USE PROCEEDINGS FINDINGS OF FACT AND DECISION In the matter of: Deutz Housing LLC Special Use Permit to allow re-facing of billboard On November 4, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the application of Deutz Housing, LLC to issue a special use permit to allow the re-facing of an existing static billboard. The matter was duly published and notice was provided to property owners within 350 feet of the property located at 320 Old Highway 52. th LEGAL DESCRIPTION: Lots 7 & 8 & E2 of West St, Blocks 2 & 3 Less HWY Block 2, Loso’s 7 Addition. ZONING CLASSIFICATION: R1, Single Family ORDINANCE REFERENCE: St. Joseph Code of Ordinance52.27 Subd. 3(k) identifies uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. The Planning Commission accepted the following testimony: th 1. Mike McDonald, 213 – 13 Ave SE stated in his opinion the City is being overly restrictive and since the sign is existing, the refacing of the sign from static to dynamic should be approved. He clarified that dynamic signs are used in many applications with the City even considering modifying a conforming sign. 2. Joe Pfannenstein, owner of the existing static structure, spoke in support of the sign as in his opinion advertising is needed for businesses to compete. 3. Property owner Mike Deutz spoke on his behalf and stated that in his opinion he is only completing routine maintenance on the sign, and the maintenance techniques of today are digital. He further stated that he does not believe the use of the property is changing. 4. Sign Vendor, Troy Rheaume indicated that the proposed sign would include six to eight advertisements and he believes there is a need for advertising in the area. Upon the Public Hearing being closed, the Planning Commission deliberated the following: 1. Is the re-facing of a sign from static to dynamic maintenance or change in use? 2. Safety concerns regarding traffic to include the brightness of the sign. 3. Existing structure to include number of poles and what portion of the structure will be utilized. After considerable discussion the Planning Commission recommended the City Council issue a special use permit to Deutz Properties LLC to replace the existing face of the billboard located at 320 Old Highway 52 with a digital face, only utilizing the poles of the existing billboard. The recommendation for approval was based on the following: 1. In the opinion of the Planning Commission placing a digital face on the billboard is maintenance as the technology for billboards has changed from wrapping to digital. On November 21, 2013 the St. Joseph City Council considered the recommendation of the Planning Commission to approve the Special Use Permit to allow the refacing of the existing billboard. During the open comment portion of the City Council meeting, the following information was received: 1. Nancy Ebel spoke in opposition to the proposed special use and requested the Council deny the special use permit as she has done considerable research on digital signs and believes they are a safety hazard. She further stated it is her opinion that digital billboards add to the already concerning issue of distracted driving and is also located in a residential neighborhood and near a City Park. 2. Troy Rheaume, sign vendor, spoke in opposition to the information presented by Ebel and stated that brightness of signs can be controlled and are currently regulated by Federal traffic laws. The City Council deliberated the following: 1. Impacts of digital signs and what types of controls are appropriate. 2. Clarification that the existing sign is a non-conforming sign as billboards are not allowed in the corporate limits. Therefore the issue is will the refacing of the existing non-conforming sign intensify or expanding the use. 3. The City is required to act on land use matters within 60 days unless the time frame is extended to gather additional information. The City Council tabled action on the special use permit and extended the land use action requirement an additional 60 days to do additional research. The applicant was provided written notice on December 3, 2013 that the City Council extended the time frame for action on his land use application an additional 60 days and would have a decision no later than February 18, 2014. The matter to reconsider the application of Deutz Housing LLC for a special use permit to consider the refacing of an existing non-conforming billboard was posted and scheduled for February 6, 2014 at 6:00 PM. The following information was forwarded to the City Council as facts for deliberation of the matter. APPLICABLE REFERENCES 1. St. Joseph Code of Ordinances 52.08 Non-Conforming Uses provides in part: “Subd. 2: Continuation of Non-Conforming Uses: Any nonconformity, … existing at the time of the adoption of this Ordinance may be continued, including through repair, replacement, restoration, maintenance , or improvement, but not including expansion, . “ “Subd. 3: Extension or Expansion of Non-conforming Use. … A non-conforming use of a residential, commercial or industrial land shall not be enlarged, expanded, increased or extended to occupy a greater areas than was occupied when the use became non- conforming, …. .” “Subd 4. Structural Change. No existing structure devoted to a non-conforming use shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a conforming use.” “Subd. 5: Maintenance: Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it includes necessary non-structural repairs and incidental alteration which do not extend or intensify the non-conforming building or use.” 2. St. Joseph Code of Ordinances 52.11 – Signs provides in part: Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter permitted: “Subd. 7 (f) Where a sign is an illuminated sign, the source of light shall not shine upon any part of a residence or into a residence district or any roadway.” “Subd. 12: Non-Conforming Signs: Compliance. …. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: a. No sign shall be enlarged or altered in a way which increases its nonconformity. b. ….. c. ….. d. ….. e. Non existing nonconforming sign shall be enlarged, expanded or moved except in changing the sign to a sign permitted in the zoning district in which it is located.” 3. Minn. Stat. Sect. 462.357, Subd. 1 e Non Conformities a. Except as otherwise provided by law, 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 estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. b. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. SIGN DETAIL 1. The application is to replace an existing static billboard with a dynamic digital face. The existing billboard is illuminated by two halogen lights which direct light directly onto the sign face with the light then being reflected off the face. The billboard is located in a residential district and is a nonconforming use because it is located in a residential district and Ord. 52.27 (the R 1 Residence District) at Subd. 10 (a) 7 prohibits illuminated signs in residential districts. The billboard is also a nonconforming use in that the Sign Ordinance does not allow billboards within the City of St. Joseph. 2. The existing billboard has a wooden face which is affixed to the support columns. The wooden face consists of 4 feet by 8 feet sheets of plywood. The dimensions of the existing billboard are 120 inches by 288 inches by ¾ inch. The volume of the billboard is 25,920 cubic inches. The approximate weight of the existing billboard is 618 lbs. There are two 100 watt halogen lights directing the light beam directly onto the billboard face. This results in a 3 amp draw for the . lighting 3. The proposed billboard is a dynamic sign with thousands of LED lights which direct the light directly outward from the surface of the sign. The sign sales person estimates that the draw is approximately 60 amps, a 20 fold increase in electrical draw over the static sign. The sign sales person estimates the depth or thickness of the new sign is between 7 inches and 8 inches. This results in the dimension of the proposed sign being between 125 inches by 277 inches by 7 inches to 125 inches by 277 inches by 8 inches. This results in a billboard size between 242,375 cubic inches and 277,000 cubic inches. This results in an increase in volume of the sign by a factor of 9 to 10.5 times greater than the existing static sign. 4. Construction of the dynamic sign will require a structural change to the billboard. The entire wooden face of the existing sign will be removed. Rather than affixing the dynamic sign directly to the existing columns, a horizontal beam will be affixed to the top of the existing columns and the sign will be hung from the horizontal bar. 5. According to the sign sales person, (Troy Rheaume) the sign will typically have six to eight advertisers with each ad displayed for eight to ten seconds and then changing to a new add. 6. The property is zoned R1, Single Family residential and the source of light will shine into a residential district. The amp draw on two 100 watt high pressure sodium lights is approximately 3 and 3.6 if low power. 7. The current billboard is located within 500 feet of both Centennial Park and Hollow Park. DECISION AND CONCLUSION The St. Joseph City Council approves/denies the special use permit for Deutz Properties LLC to reface an existing static sign with a dynamic face. Approval/denial is based on the following: 1. 2. 3. 4. Therefore, based on the findings stated above, the St. Joseph City approves the sign with the following design standards. 1. 2. ST. JOSEPH CITY COUNCIL By Rick Schultz, Mayor By Judy Weyrens, Administrator Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201 STATE OF MINNESOTA CITY OF ST. JOSEPH COUNTY OF STEARNS SPECIAL USE PROCEEDINGS FINDINGS OF FACT AND DECISION In the matter of: Deutz Housing LLC Special Use Permit to allow re-facing of billboard On November 4, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the application of Deutz Housing, LLC to issue a special use permit to allow the re-facing of an existing static billboard. The matter was duly published and notice was provided to property owners within 350 feet of the property located at 320 Old Highway 52. th LEGAL DESCRIPTION: Lots 7 & 8 & E2 of West St, Blocks 2 & 3 Less HWY Block 2, Loso’s 7 Addition. ZONING CLASSIFICATION: R1, Single Family ORDINANCE REFERENCE: St. Joseph Code of Ordinance52.27 Subd. 3(k) identifies uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. The Planning Commission accepted the following testimony: th 1. Mike McDonald, 213 – 13 Ave SE stated in his opinion the City is being overly restrictive and since the sign is existing, the refacing of the sign from static to dynamic should be approved. He clarified that dynamic signs are used in many applications with the City even considering modifying a conforming sign. 2. Joe Pfannenstein, owner of the existing static structure, spoke in support of the sign as in his opinion advertising is needed for businesses to compete. 3. Property owner Mike Deutz spoke on his behalf and stated that in his opinion he is only completing routine maintenance on the sign, and the maintenance techniques of today are digital. He further stated that he does not believe the use of the property is changing. 4. Sign Vendor, Troy Rheaume indicated that the proposed sign would include six to eight advertisements and he believes there is a need for advertising in the area. Upon the Public Hearing being closed, the Planning Commission deliberated the following: 1. Is the re-facing of a sign from static to dynamic maintenance or change in use? 2. Safety concerns regarding traffic to include the brightness of the sign. 3. Existing structure to include number of poles and what portion of the structure will be utilized. After considerable discussion the Planning Commission recommended the City Council issue a special use permit to Deutz Properties LLC to replace the existing face of the billboard located at 320 Old Highway 52 with a digital face, only utilizing the poles of the existing billboard. The recommendation for approval was based on the following: 1. In the opinion of the Planning Commission placing a digital face on the billboard is maintenance as the technology for billboards has changed from wrapping to digital. On November 21, 2013 the St. Joseph City Council considered the recommendation of the Planning Commission to approve the Special Use Permit to allow the refacing of the existing billboard. During the open comment portion of the City Council meeting, the following information was received: 1. Nancy Ebel spoke in opposition to the proposed special use and requested the Council deny the special use permit as she has done considerable research on digital signs and believes they are a safety hazard. She further stated it is her opinion that digital billboards add to the already concerning issue of distracted driving and is also located in a residential neighborhood and near a City Park. 2. Troy Rheaume, sign vendor, spoke in opposition to the information presented by Ebel and stated that brightness of signs can be controlled and are currently regulated by Federal traffic laws. The City Council deliberated the following: 1. Impacts of digital signs and what types of controls are appropriate. 2. Clarification that the existing sign is a non-conforming sign as billboards are not allowed in the corporate limits. Therefore the issue is will the refacing of the existing non-conforming sign intensify or expanding the use. 3. The City is required to act on land use matters within 60 days unless the time frame is extended to gather additional information. The City Council tabled action on the special use permit and extended the land use action requirement an additional 60 days to do additional research. The applicant was provided written notice on December 3, 2013 that the City Council extended the time frame for action on his land use application an additional 60 days and would have a decision no later than February 18, 2014. The matter to reconsider the application of Deutz Housing LLC for a special use permit to consider the refacing of an existing non-conforming billboard was posted and scheduled for February 6, 2014 at 6:00 PM. The following information was forwarded to the City Council as facts for deliberation of the matter. APPLICABLE REFERENCES 1. St. Joseph Code of Ordinances 52.08 Non-Conforming Uses provides in part: “Subd. 2: Continuation of Non-Conforming Uses: Any nonconformity, … existing at the time of the adoption of this Ordinance may be continued, including through repair, replacement, restoration, maintenance , or improvement, but not including expansion, . “ “Subd. 3: Extension or Expansion of Non-conforming Use. … A non-conforming use of a residential, commercial or industrial land shall not be enlarged, expanded, increased or extended to occupy a greater areas than was occupied when the use became non- conforming, …. .” “Subd 4. Structural Change. No existing structure devoted to a non-conforming use shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a conforming use.” “Subd. 5: Maintenance: Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it includes necessary non-structural repairs and incidental alteration which do not extend or intensify the non-conforming building or use.” 2. St. Joseph Code of Ordinances 52.11 – Signs provides in part: Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter permitted: “Subd. 7 (f) Where a sign is an illuminated sign, the source of light shall not shine upon any part of a residence or into a residence district or any roadway.” “Subd. 12: Non-Conforming Signs: Compliance. …. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: a. No sign shall be enlarged or altered in a way which increases its nonconformity. b. ….. c. ….. d. ….. e. Non existing nonconforming sign shall be enlarged, expanded or moved except in changing the sign to a sign permitted in the zoning district in which it is located.” 3. Minn. Stat. Sect. 462.357, Subd. 1 e Non Conformities a. Except as otherwise provided by law, 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 estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. b. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. SIGN DETAIL 1. The application is to replace an existing static billboard with a dynamic digital face. The existing billboard is illuminated by two halogen lights which direct light directly onto the sign face with the light then being reflected off the face. The billboard is located in a residential district and is a nonconforming use because it is located in a residential district and Ord. 52.27 (the R 1 Residence District) at Subd. 10 (a) 7 prohibits illuminated signs in residential districts. The billboard is also a nonconforming use in that the Sign Ordinance does not allow billboards within the City of St. Joseph. 2. The existing billboard has a wooden face which is affixed to the support columns. The wooden face consists of 4 feet by 8 feet sheets of plywood. The dimensions of the existing billboard are 120 inches by 288 inches by ¾ inch. The volume of the billboard is 25,920 cubic inches. The approximate weight of the existing billboard is 618 lbs. There are two 100 watt halogen lights directing the light beam directly onto the billboard face. This results in a 3 amp draw for the . lighting 3. The proposed billboard is a dynamic sign with thousands of LED lights which direct the light directly outward from the surface of the sign. The sign sales person estimates that the draw is approximately 60 amps, a 20 fold increase in electrical draw over the static sign. The sign sales person estimates the depth or thickness of the new sign is between 7 inches and 8 inches. This results in the dimension of the proposed sign being between 125 inches by 277 inches by 7 inches to 125 inches by 277 inches by 8 inches. This results in a billboard size between 242,375 cubic inches and 277,000 cubic inches. This results in an increase in volume of the sign by a factor of 9 to 10.5 times greater than the existing static sign. 4. Construction of the dynamic sign will require a structural change to the billboard. The entire wooden face of the existing sign will be removed. Rather than affixing the dynamic sign directly to the existing columns, a horizontal beam will be affixed to the top of the existing columns and the sign will be hung from the horizontal bar. 5. According to the sign sales person, (Troy Rheaume) the sign will typically have six to eight advertisers with each ad displayed for eight to ten seconds and then changing to a new add. 6. The property is zoned R1, Single Family residential and the source of light will shine into a residential district. The amp draw on two 100 watt high pressure sodium lights is approximately 3 and 3.6 if low power. 7. The current billboard is located within 500 feet of both Centennial Park and Hollow Park. DECISION AND CONCLUSION The St. Joseph City Council approves/denies the special use permit for Deutz Properties LLC to reface an existing static sign with a dynamic face. Approval/denial is based on the following: 1. 2. 3. 4. Therefore, based on the findings stated above, the St. Joseph City approves the sign with the following design standards. 1. 2. ST. JOSEPH CITY COUNCIL By Rick Schultz, Mayor By Judy Weyrens, Administrator Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201 STATE OF MINNESOTA CITY OF ST. JOSEPH COUNTY OF STEARNS SPECIAL USE PROCEEDINGS FINDINGS OF FACT AND DECISION In the matter of: Deutz Housing LLC Special Use Permit to allow re-facing of billboard On November 4, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the application of Deutz Housing, LLC to issue a special use permit to allow the re-facing of an existing static billboard. The matter was duly published and notice was provided to property owners within 350 feet of the property located at 320 Old Highway 52. th LEGAL DESCRIPTION: Lots 7 & 8 & E2 of West St, Blocks 2 & 3 Less HWY Block 2, Loso’s 7 Addition. ZONING CLASSIFICATION: R1, Single Family ORDINANCE REFERENCE: St. Joseph Code of Ordinance52.27 Subd. 3(k) identifies uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. The Planning Commission accepted the following testimony: th 1. Mike McDonald, 213 – 13 Ave SE stated in his opinion the City is being overly restrictive and since the sign is existing, the refacing of the sign from static to dynamic should be approved. He clarified that dynamic signs are used in many applications with the City even considering modifying a conforming sign. 2. Joe Pfannenstein, owner of the existing static structure, spoke in support of the sign as in his opinion advertising is needed for businesses to compete. 3. Property owner Mike Deutz spoke on his behalf and stated that in his opinion he is only completing routine maintenance on the sign, and the maintenance techniques of today are digital. He further stated that he does not believe the use of the property is changing. 4. Sign Vendor, Troy Rheaume indicated that the proposed sign would include six to eight advertisements and he believes there is a need for advertising in the area. Upon the Public Hearing being closed, the Planning Commission deliberated the following: 1. Is the re-facing of a sign from static to dynamic maintenance or change in use? 2. Safety concerns regarding traffic to include the brightness of the sign. 3. Existing structure to include number of poles and what portion of the structure will be utilized. After considerable discussion the Planning Commission recommended the City Council issue a special use permit to Deutz Properties LLC to replace the existing face of the billboard located at 320 Old Highway 52 with a digital face, only utilizing the poles of the existing billboard. The recommendation for approval was based on the following: 1. In the opinion of the Planning Commission placing a digital face on the billboard is maintenance as the technology for billboards has changed from wrapping to digital. On November 21, 2013 the St. Joseph City Council considered the recommendation of the Planning Commission to approve the Special Use Permit to allow the refacing of the existing billboard. During the open comment portion of the City Council meeting, the following information was received: 1. Nancy Ebel spoke in opposition to the proposed special use and requested the Council deny the special use permit as she has done considerable research on digital signs and believes they are a safety hazard. She further stated it is her opinion that digital billboards add to the already concerning issue of distracted driving and is also located in a residential neighborhood and near a City Park. 2. Troy Rheaume, sign vendor, spoke in opposition to the information presented by Ebel and stated that brightness of signs can be controlled and are currently regulated by Federal traffic laws. The City Council deliberated the following: 1. Impacts of digital signs and what types of controls are appropriate. 2. Clarification that the existing sign is a non-conforming sign as billboards are not allowed in the corporate limits. Therefore the issue is will the refacing of the existing non-conforming sign intensify or expanding the use. 3. The City is required to act on land use matters within 60 days unless the time frame is extended to gather additional information. The City Council tabled action on the special use permit and extended the land use action requirement an additional 60 days to do additional research. The applicant was provided written notice on December 3, 2013 that the City Council extended the time frame for action on his land use application an additional 60 days and would have a decision no later than February 18, 2014. The matter to reconsider the application of Deutz Housing LLC for a special use permit to consider the refacing of an existing non-conforming billboard was posted and scheduled for February 6, 2014 at 6:00 PM. The following information was forwarded to the City Council as facts for deliberation of the matter. APPLICABLE REFERENCES 1. St. Joseph Code of Ordinances 52.08 Non-Conforming Uses provides in part: “Subd. 2: Continuation of Non-Conforming Uses: Any nonconformity, … existing at the time of the adoption of this Ordinance may be continued, including through repair, replacement, restoration, maintenance , or improvement, but not including expansion, . “ “Subd. 3: Extension or Expansion of Non-conforming Use. … A non-conforming use of a residential, commercial or industrial land shall not be enlarged, expanded, increased or extended to occupy a greater areas than was occupied when the use became non- conforming, …. .” “Subd 4. Structural Change. No existing structure devoted to a non-conforming use shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a conforming use.” “Subd. 5: Maintenance: Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it includes necessary non-structural repairs and incidental alteration which do not extend or intensify the non-conforming building or use.” 2. St. Joseph Code of Ordinances 52.11 – Signs provides in part: Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter permitted: “Subd. 7 (f) Where a sign is an illuminated sign, the source of light shall not shine upon any part of a residence or into a residence district or any roadway.” “Subd. 12: Non-Conforming Signs: Compliance. …. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: a. No sign shall be enlarged or altered in a way which increases its nonconformity. b. ….. c. ….. d. ….. e. Non existing nonconforming sign shall be enlarged, expanded or moved except in changing the sign to a sign permitted in the zoning district in which it is located.” 3. Minn. Stat. Sect. 462.357, Subd. 1 e Non Conformities a. Except as otherwise provided by law, 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 estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. b. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. SIGN DETAIL 1. The application is to replace an existing static billboard with a dynamic digital face. The existing billboard is illuminated by two halogen lights which direct light directly onto the sign face with the light then being reflected off the face. The billboard is located in a residential district and is a nonconforming use because it is located in a residential district and Ord. 52.27 (the R 1 Residence District) at Subd. 10 (a) 7 prohibits illuminated signs in residential districts. The billboard is also a nonconforming use in that the Sign Ordinance does not allow billboards within the City of St. Joseph. 2. The existing billboard has a wooden face which is affixed to the support columns. The wooden face consists of 4 feet by 8 feet sheets of plywood. The dimensions of the existing billboard are 120 inches by 288 inches by ¾ inch. The volume of the billboard is 25,920 cubic inches. The approximate weight of the existing billboard is 618 lbs. There are two 100 watt halogen lights directing the light beam directly onto the billboard face. This results in a 3 amp draw for the . lighting 3. The proposed billboard is a dynamic sign with thousands of LED lights which direct the light directly outward from the surface of the sign. The sign sales person estimates that the draw is approximately 60 amps, a 20 fold increase in electrical draw over the static sign. The sign sales person estimates the depth or thickness of the new sign is between 7 inches and 8 inches. This results in the dimension of the proposed sign being between 125 inches by 277 inches by 7 inches to 125 inches by 277 inches by 8 inches. This results in a billboard size between 242,375 cubic inches and 277,000 cubic inches. This results in an increase in volume of the sign by a factor of 9 to 10.5 times greater than the existing static sign. 4. Construction of the dynamic sign will require a structural change to the billboard. The entire wooden face of the existing sign will be removed. Rather than affixing the dynamic sign directly to the existing columns, a horizontal beam will be affixed to the top of the existing columns and the sign will be hung from the horizontal bar. 5. According to the sign sales person, (Troy Rheaume) the sign will typically have six to eight advertisers with each ad displayed for eight to ten seconds and then changing to a new add. 6. The property is zoned R1, Single Family residential and the source of light will shine into a residential district. The amp draw on two 100 watt high pressure sodium lights is approximately 3 and 3.6 if low power. 7. The current billboard is located within 500 feet of both Centennial Park and Hollow Park. DECISION AND CONCLUSION The St. Joseph City Council approves/denies the special use permit for Deutz Properties LLC to reface an existing static sign with a dynamic face. Approval/denial is based on the following: 1. 2. 3. 4. Therefore, based on the findings stated above, the St. Joseph City approves the sign with the following design standards. 1. 2. ST. JOSEPH CITY COUNCIL By Rick Schultz, Mayor By Judy Weyrens, Administrator Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201 STATE OF MINNESOTA CITY OF ST. JOSEPH COUNTY OF STEARNS SPECIAL USE PROCEEDINGS FINDINGS OF FACT AND DECISION In the matter of: Deutz Housing LLC Special Use Permit to allow re-facing of billboard On November 4, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the application of Deutz Housing, LLC to issue a special use permit to allow the re-facing of an existing static billboard. The matter was duly published and notice was provided to property owners within 350 feet of the property located at 320 Old Highway 52. th LEGAL DESCRIPTION: Lots 7 & 8 & E2 of West St, Blocks 2 & 3 Less HWY Block 2, Loso’s 7 Addition. ZONING CLASSIFICATION: R1, Single Family ORDINANCE REFERENCE: St. Joseph Code of Ordinance52.27 Subd. 3(k) identifies uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. The Planning Commission accepted the following testimony: th 1. Mike McDonald, 213 – 13 Ave SE stated in his opinion the City is being overly restrictive and since the sign is existing, the refacing of the sign from static to dynamic should be approved. He clarified that dynamic signs are used in many applications with the City even considering modifying a conforming sign. 2. Joe Pfannenstein, owner of the existing static structure, spoke in support of the sign as in his opinion advertising is needed for businesses to compete. 3. Property owner Mike Deutz spoke on his behalf and stated that in his opinion he is only completing routine maintenance on the sign, and the maintenance techniques of today are digital. He further stated that he does not believe the use of the property is changing. 4. Sign Vendor, Troy Rheaume indicated that the proposed sign would include six to eight advertisements and he believes there is a need for advertising in the area. Upon the Public Hearing being closed, the Planning Commission deliberated the following: 1. Is the re-facing of a sign from static to dynamic maintenance or change in use? 2. Safety concerns regarding traffic to include the brightness of the sign. 3. Existing structure to include number of poles and what portion of the structure will be utilized. After considerable discussion the Planning Commission recommended the City Council issue a special use permit to Deutz Properties LLC to replace the existing face of the billboard located at 320 Old Highway 52 with a digital face, only utilizing the poles of the existing billboard. The recommendation for approval was based on the following: 1. In the opinion of the Planning Commission placing a digital face on the billboard is maintenance as the technology for billboards has changed from wrapping to digital. On November 21, 2013 the St. Joseph City Council considered the recommendation of the Planning Commission to approve the Special Use Permit to allow the refacing of the existing billboard. During the open comment portion of the City Council meeting, the following information was received: 1. Nancy Ebel spoke in opposition to the proposed special use and requested the Council deny the special use permit as she has done considerable research on digital signs and believes they are a safety hazard. She further stated it is her opinion that digital billboards add to the already concerning issue of distracted driving and is also located in a residential neighborhood and near a City Park. 2. Troy Rheaume, sign vendor, spoke in opposition to the information presented by Ebel and stated that brightness of signs can be controlled and are currently regulated by Federal traffic laws. The City Council deliberated the following: 1. Impacts of digital signs and what types of controls are appropriate. 2. Clarification that the existing sign is a non-conforming sign as billboards are not allowed in the corporate limits. Therefore the issue is will the refacing of the existing non-conforming sign intensify or expanding the use. 3. The City is required to act on land use matters within 60 days unless the time frame is extended to gather additional information. The City Council tabled action on the special use permit and extended the land use action requirement an additional 60 days to do additional research. The applicant was provided written notice on December 3, 2013 that the City Council extended the time frame for action on his land use application an additional 60 days and would have a decision no later than February 18, 2014. The matter to reconsider the application of Deutz Housing LLC for a special use permit to consider the refacing of an existing non-conforming billboard was posted and scheduled for February 6, 2014 at 6:00 PM. The following information was forwarded to the City Council as facts for deliberation of the matter. APPLICABLE REFERENCES 1. St. Joseph Code of Ordinances 52.08 Non-Conforming Uses provides in part: “Subd. 2: Continuation of Non-Conforming Uses: Any nonconformity, … existing at the time of the adoption of this Ordinance may be continued, including through repair, replacement, restoration, maintenance , or improvement, but not including expansion, . “ “Subd. 3: Extension or Expansion of Non-conforming Use. … A non-conforming use of a residential, commercial or industrial land shall not be enlarged, expanded, increased or extended to occupy a greater areas than was occupied when the use became non- conforming, …. .” “Subd 4. Structural Change. No existing structure devoted to a non-conforming use shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a conforming use.” “Subd. 5: Maintenance: Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it includes necessary non-structural repairs and incidental alteration which do not extend or intensify the non-conforming building or use.” 2. St. Joseph Code of Ordinances 52.11 – Signs provides in part: Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter permitted: “Subd. 7 (f) Where a sign is an illuminated sign, the source of light shall not shine upon any part of a residence or into a residence district or any roadway.” “Subd. 12: Non-Conforming Signs: Compliance. …. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: a. No sign shall be enlarged or altered in a way which increases its nonconformity. b. ….. c. ….. d. ….. e. Non existing nonconforming sign shall be enlarged, expanded or moved except in changing the sign to a sign permitted in the zoning district in which it is located.” 3. Minn. Stat. Sect. 462.357, Subd. 1 e Non Conformities a. Except as otherwise provided by law, 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 estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. b. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. SIGN DETAIL 1. The application is to replace an existing static billboard with a dynamic digital face. The existing billboard is illuminated by two halogen lights which direct light directly onto the sign face with the light then being reflected off the face. The billboard is located in a residential district and is a nonconforming use because it is located in a residential district and Ord. 52.27 (the R 1 Residence District) at Subd. 10 (a) 7 prohibits illuminated signs in residential districts. The billboard is also a nonconforming use in that the Sign Ordinance does not allow billboards within the City of St. Joseph. 2. The existing billboard has a wooden face which is affixed to the support columns. The wooden face consists of 4 feet by 8 feet sheets of plywood. The dimensions of the existing billboard are 120 inches by 288 inches by ¾ inch. The volume of the billboard is 25,920 cubic inches. The approximate weight of the existing billboard is 618 lbs. There are two 100 watt halogen lights directing the light beam directly onto the billboard face. This results in a 3 amp draw for the . lighting 3. The proposed billboard is a dynamic sign with thousands of LED lights which direct the light directly outward from the surface of the sign. The sign sales person estimates that the draw is approximately 60 amps, a 20 fold increase in electrical draw over the static sign. The sign sales person estimates the depth or thickness of the new sign is between 7 inches and 8 inches. This results in the dimension of the proposed sign being between 125 inches by 277 inches by 7 inches to 125 inches by 277 inches by 8 inches. This results in a billboard size between 242,375 cubic inches and 277,000 cubic inches. This results in an increase in volume of the sign by a factor of 9 to 10.5 times greater than the existing static sign. 4. Construction of the dynamic sign will require a structural change to the billboard. The entire wooden face of the existing sign will be removed. Rather than affixing the dynamic sign directly to the existing columns, a horizontal beam will be affixed to the top of the existing columns and the sign will be hung from the horizontal bar. 5. According to the sign sales person, (Troy Rheaume) the sign will typically have six to eight advertisers with each ad displayed for eight to ten seconds and then changing to a new add. 6. The property is zoned R1, Single Family residential and the source of light will shine into a residential district. The amp draw on two 100 watt high pressure sodium lights is approximately 3 and 3.6 if low power. 7. The current billboard is located within 500 feet of both Centennial Park and Hollow Park. DECISION AND CONCLUSION The St. Joseph City Council approves/denies the special use permit for Deutz Properties LLC to reface an existing static sign with a dynamic face. Approval/denial is based on the following: 1. 2. 3. 4. Therefore, based on the findings stated above, the St. Joseph City approves the sign with the following design standards. 1. 2. ST. JOSEPH CITY COUNCIL By Rick Schultz, Mayor By Judy Weyrens, Administrator Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201 STATE OF MINNESOTA CITY OF ST. JOSEPH COUNTY OF STEARNS SPECIAL USE PROCEEDINGS FINDINGS OF FACT AND DECISION In the matter of: Deutz Housing LLC Special Use Permit to allow re-facing of billboard On November 4, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the application of Deutz Housing, LLC to issue a special use permit to allow the re-facing of an existing static billboard. The matter was duly published and notice was provided to property owners within 350 feet of the property located at 320 Old Highway 52. th LEGAL DESCRIPTION: Lots 7 & 8 & E2 of West St, Blocks 2 & 3 Less HWY Block 2, Loso’s 7 Addition. ZONING CLASSIFICATION: R1, Single Family ORDINANCE REFERENCE: St. Joseph Code of Ordinance52.27 Subd. 3(k) identifies uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. The Planning Commission accepted the following testimony: th 1. Mike McDonald, 213 – 13 Ave SE stated in his opinion the City is being overly restrictive and since the sign is existing, the refacing of the sign from static to dynamic should be approved. He clarified that dynamic signs are used in many applications with the City even considering modifying a conforming sign. 2. Joe Pfannenstein, owner of the existing static structure, spoke in support of the sign as in his opinion advertising is needed for businesses to compete. 3. Property owner Mike Deutz spoke on his behalf and stated that in his opinion he is only completing routine maintenance on the sign, and the maintenance techniques of today are digital. He further stated that he does not believe the use of the property is changing. 4. Sign Vendor, Troy Rheaume indicated that the proposed sign would include six to eight advertisements and he believes there is a need for advertising in the area. Upon the Public Hearing being closed, the Planning Commission deliberated the following: 1. Is the re-facing of a sign from static to dynamic maintenance or change in use? 2. Safety concerns regarding traffic to include the brightness of the sign. 3. Existing structure to include number of poles and what portion of the structure will be utilized. After considerable discussion the Planning Commission recommended the City Council issue a special use permit to Deutz Properties LLC to replace the existing face of the billboard located at 320 Old Highway 52 with a digital face, only utilizing the poles of the existing billboard. The recommendation for approval was based on the following: 1. In the opinion of the Planning Commission placing a digital face on the billboard is maintenance as the technology for billboards has changed from wrapping to digital. On November 21, 2013 the St. Joseph City Council considered the recommendation of the Planning Commission to approve the Special Use Permit to allow the refacing of the existing billboard. During the open comment portion of the City Council meeting, the following information was received: 1. Nancy Ebel spoke in opposition to the proposed special use and requested the Council deny the special use permit as she has done considerable research on digital signs and believes they are a safety hazard. She further stated it is her opinion that digital billboards add to the already concerning issue of distracted driving and is also located in a residential neighborhood and near a City Park. 2. Troy Rheaume, sign vendor, spoke in opposition to the information presented by Ebel and stated that brightness of signs can be controlled and are currently regulated by Federal traffic laws. The City Council deliberated the following: 1. Impacts of digital signs and what types of controls are appropriate. 2. Clarification that the existing sign is a non-conforming sign as billboards are not allowed in the corporate limits. Therefore the issue is will the refacing of the existing non-conforming sign intensify or expanding the use. 3. The City is required to act on land use matters within 60 days unless the time frame is extended to gather additional information. The City Council tabled action on the special use permit and extended the land use action requirement an additional 60 days to do additional research. The applicant was provided written notice on December 3, 2013 that the City Council extended the time frame for action on his land use application an additional 60 days and would have a decision no later than February 18, 2014. The matter to reconsider the application of Deutz Housing LLC for a special use permit to consider the refacing of an existing non-conforming billboard was posted and scheduled for February 6, 2014 at 6:00 PM. The following information was forwarded to the City Council as facts for deliberation of the matter. APPLICABLE REFERENCES 1. St. Joseph Code of Ordinances 52.08 Non-Conforming Uses provides in part: “Subd. 2: Continuation of Non-Conforming Uses: Any nonconformity, … existing at the time of the adoption of this Ordinance may be continued, including through repair, replacement, restoration, maintenance , or improvement, but not including expansion, . “ “Subd. 3: Extension or Expansion of Non-conforming Use. … A non-conforming use of a residential, commercial or industrial land shall not be enlarged, expanded, increased or extended to occupy a greater areas than was occupied when the use became non- conforming, …. .” “Subd 4. Structural Change. No existing structure devoted to a non-conforming use shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a conforming use.” “Subd. 5: Maintenance: Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it includes necessary non-structural repairs and incidental alteration which do not extend or intensify the non-conforming building or use.” 2. St. Joseph Code of Ordinances 52.11 – Signs provides in part: Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter permitted: “Subd. 7 (f) Where a sign is an illuminated sign, the source of light shall not shine upon any part of a residence or into a residence district or any roadway.” “Subd. 12: Non-Conforming Signs: Compliance. …. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: a. No sign shall be enlarged or altered in a way which increases its nonconformity. b. ….. c. ….. d. ….. e. Non existing nonconforming sign shall be enlarged, expanded or moved except in changing the sign to a sign permitted in the zoning district in which it is located.” 3. Minn. Stat. Sect. 462.357, Subd. 1 e Non Conformities a. Except as otherwise provided by law, 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 estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. b. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. SIGN DETAIL 1. The application is to replace an existing static billboard with a dynamic digital face. The existing billboard is illuminated by two halogen lights which direct light directly onto the sign face with the light then being reflected off the face. The billboard is located in a residential district and is a nonconforming use because it is located in a residential district and Ord. 52.27 (the R 1 Residence District) at Subd. 10 (a) 7 prohibits illuminated signs in residential districts. The billboard is also a nonconforming use in that the Sign Ordinance does not allow billboards within the City of St. Joseph. 2. The existing billboard has a wooden face which is affixed to the support columns. The wooden face consists of 4 feet by 8 feet sheets of plywood. The dimensions of the existing billboard are 120 inches by 288 inches by ¾ inch. The volume of the billboard is 25,920 cubic inches. The approximate weight of the existing billboard is 618 lbs. There are two 100 watt halogen lights directing the light beam directly onto the billboard face. This results in a 3 amp draw for the . lighting 3. The proposed billboard is a dynamic sign with thousands of LED lights which direct the light directly outward from the surface of the sign. The sign sales person estimates that the draw is approximately 60 amps, a 20 fold increase in electrical draw over the static sign. The sign sales person estimates the depth or thickness of the new sign is between 7 inches and 8 inches. This results in the dimension of the proposed sign being between 125 inches by 277 inches by 7 inches to 125 inches by 277 inches by 8 inches. This results in a billboard size between 242,375 cubic inches and 277,000 cubic inches. This results in an increase in volume of the sign by a factor of 9 to 10.5 times greater than the existing static sign. 4. Construction of the dynamic sign will require a structural change to the billboard. The entire wooden face of the existing sign will be removed. Rather than affixing the dynamic sign directly to the existing columns, a horizontal beam will be affixed to the top of the existing columns and the sign will be hung from the horizontal bar. 5. According to the sign sales person, (Troy Rheaume) the sign will typically have six to eight advertisers with each ad displayed for eight to ten seconds and then changing to a new add. 6. The property is zoned R1, Single Family residential and the source of light will shine into a residential district. The amp draw on two 100 watt high pressure sodium lights is approximately 3 and 3.6 if low power. 7. The current billboard is located within 500 feet of both Centennial Park and Hollow Park. DECISION AND CONCLUSION The St. Joseph City Council approves/denies the special use permit for Deutz Properties LLC to reface an existing static sign with a dynamic face. Approval/denial is based on the following: 1. 2. 3. 4. Therefore, based on the findings stated above, the St. Joseph City approves the sign with the following design standards. 1. 2. ST. JOSEPH CITY COUNCIL By Rick Schultz, Mayor By Judy Weyrens, Administrator Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201 STATE OF MINNESOTA CITY OF ST. JOSEPH COUNTY OF STEARNS SPECIAL USE PROCEEDINGS FINDINGS OF FACT AND DECISION In the matter of: Deutz Housing LLC Special Use Permit to allow re-facing of billboard On November 4, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the application of Deutz Housing, LLC to issue a special use permit to allow the re-facing of an existing static billboard. The matter was duly published and notice was provided to property owners within 350 feet of the property located at 320 Old Highway 52. th LEGAL DESCRIPTION: Lots 7 & 8 & E2 of West St, Blocks 2 & 3 Less HWY Block 2, Loso’s 7 Addition. ZONING CLASSIFICATION: R1, Single Family ORDINANCE REFERENCE: St. Joseph Code of Ordinance52.27 Subd. 3(k) identifies uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. The Planning Commission accepted the following testimony: th 1. Mike McDonald, 213 – 13 Ave SE stated in his opinion the City is being overly restrictive and since the sign is existing, the refacing of the sign from static to dynamic should be approved. He clarified that dynamic signs are used in many applications with the City even considering modifying a conforming sign. 2. Joe Pfannenstein, owner of the existing static structure, spoke in support of the sign as in his opinion advertising is needed for businesses to compete. 3. Property owner Mike Deutz spoke on his behalf and stated that in his opinion he is only completing routine maintenance on the sign, and the maintenance techniques of today are digital. He further stated that he does not believe the use of the property is changing. 4. Sign Vendor, Troy Rheaume indicated that the proposed sign would include six to eight advertisements and he believes there is a need for advertising in the area. Upon the Public Hearing being closed, the Planning Commission deliberated the following: 1. Is the re-facing of a sign from static to dynamic maintenance or change in use? 2. Safety concerns regarding traffic to include the brightness of the sign. 3. Existing structure to include number of poles and what portion of the structure will be utilized. After considerable discussion the Planning Commission recommended the City Council issue a special use permit to Deutz Properties LLC to replace the existing face of the billboard located at 320 Old Highway 52 with a digital face, only utilizing the poles of the existing billboard. The recommendation for approval was based on the following: 1. In the opinion of the Planning Commission placing a digital face on the billboard is maintenance as the technology for billboards has changed from wrapping to digital. On November 21, 2013 the St. Joseph City Council considered the recommendation of the Planning Commission to approve the Special Use Permit to allow the refacing of the existing billboard. During the open comment portion of the City Council meeting, the following information was received: 1. Nancy Ebel spoke in opposition to the proposed special use and requested the Council deny the special use permit as she has done considerable research on digital signs and believes they are a safety hazard. She further stated it is her opinion that digital billboards add to the already concerning issue of distracted driving and is also located in a residential neighborhood and near a City Park. 2. Troy Rheaume, sign vendor, spoke in opposition to the information presented by Ebel and stated that brightness of signs can be controlled and are currently regulated by Federal traffic laws. The City Council deliberated the following: 1. Impacts of digital signs and what types of controls are appropriate. 2. Clarification that the existing sign is a non-conforming sign as billboards are not allowed in the corporate limits. Therefore the issue is will the refacing of the existing non-conforming sign intensify or expanding the use. 3. The City is required to act on land use matters within 60 days unless the time frame is extended to gather additional information. The City Council tabled action on the special use permit and extended the land use action requirement an additional 60 days to do additional research. The applicant was provided written notice on December 3, 2013 that the City Council extended the time frame for action on his land use application an additional 60 days and would have a decision no later than February 18, 2014. The matter to reconsider the application of Deutz Housing LLC for a special use permit to consider the refacing of an existing non-conforming billboard was posted and scheduled for February 6, 2014 at 6:00 PM. The following information was forwarded to the City Council as facts for deliberation of the matter. APPLICABLE REFERENCES 1. St. Joseph Code of Ordinances 52.08 Non-Conforming Uses provides in part: “Subd. 2: Continuation of Non-Conforming Uses: Any nonconformity, … existing at the time of the adoption of this Ordinance may be continued, including through repair, replacement, restoration, maintenance , or improvement, but not including expansion, . “ “Subd. 3: Extension or Expansion of Non-conforming Use. … A non-conforming use of a residential, commercial or industrial land shall not be enlarged, expanded, increased or extended to occupy a greater areas than was occupied when the use became non- conforming, …. .” “Subd 4. Structural Change. No existing structure devoted to a non-conforming use shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a conforming use.” “Subd. 5: Maintenance: Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it includes necessary non-structural repairs and incidental alteration which do not extend or intensify the non-conforming building or use.” 2. St. Joseph Code of Ordinances 52.11 – Signs provides in part: Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter permitted: “Subd. 7 (f) Where a sign is an illuminated sign, the source of light shall not shine upon any part of a residence or into a residence district or any roadway.” “Subd. 12: Non-Conforming Signs: Compliance. …. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: a. No sign shall be enlarged or altered in a way which increases its nonconformity. b. ….. c. ….. d. ….. e. Non existing nonconforming sign shall be enlarged, expanded or moved except in changing the sign to a sign permitted in the zoning district in which it is located.” 3. Minn. Stat. Sect. 462.357, Subd. 1 e Non Conformities a. Except as otherwise provided by law, 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 estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. b. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. SIGN DETAIL 1. The application is to replace an existing static billboard with a dynamic digital face. The existing billboard is illuminated by two halogen lights which direct light directly onto the sign face with the light then being reflected off the face. The billboard is located in a residential district and is a nonconforming use because it is located in a residential district and Ord. 52.27 (the R 1 Residence District) at Subd. 10 (a) 7 prohibits illuminated signs in residential districts. The billboard is also a nonconforming use in that the Sign Ordinance does not allow billboards within the City of St. Joseph. 2. The existing billboard has a wooden face which is affixed to the support columns. The wooden face consists of 4 feet by 8 feet sheets of plywood. The dimensions of the existing billboard are 120 inches by 288 inches by ¾ inch. The volume of the billboard is 25,920 cubic inches. The approximate weight of the existing billboard is 618 lbs. There are two 100 watt halogen lights directing the light beam directly onto the billboard face. This results in a 3 amp draw for the . lighting 3. The proposed billboard is a dynamic sign with thousands of LED lights which direct the light directly outward from the surface of the sign. The sign sales person estimates that the draw is approximately 60 amps, a 20 fold increase in electrical draw over the static sign. The sign sales person estimates the depth or thickness of the new sign is between 7 inches and 8 inches. This results in the dimension of the proposed sign being between 125 inches by 277 inches by 7 inches to 125 inches by 277 inches by 8 inches. This results in a billboard size between 242,375 cubic inches and 277,000 cubic inches. This results in an increase in volume of the sign by a factor of 9 to 10.5 times greater than the existing static sign. 4. Construction of the dynamic sign will require a structural change to the billboard. The entire wooden face of the existing sign will be removed. Rather than affixing the dynamic sign directly to the existing columns, a horizontal beam will be affixed to the top of the existing columns and the sign will be hung from the horizontal bar. 5. According to the sign sales person, (Troy Rheaume) the sign will typically have six to eight advertisers with each ad displayed for eight to ten seconds and then changing to a new add. 6. The property is zoned R1, Single Family residential and the source of light will shine into a residential district. The amp draw on two 100 watt high pressure sodium lights is approximately 3 and 3.6 if low power. 7. The current billboard is located within 500 feet of both Centennial Park and Hollow Park. DECISION AND CONCLUSION The St. Joseph City Council approves/denies the special use permit for Deutz Properties LLC to reface an existing static sign with a dynamic face. Approval/denial is based on the following: 1. 2. 3. 4. Therefore, based on the findings stated above, the St. Joseph City approves the sign with the following design standards. 1. 2. ST. JOSEPH CITY COUNCIL By Rick Schultz, Mayor By Judy Weyrens, Administrator Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201 STATE OF MINNESOTA CITY OF ST. JOSEPH COUNTY OF STEARNS SPECIAL USE PROCEEDINGS FINDINGS OF FACT AND DECISION In the matter of: Deutz Housing LLC Special Use Permit to allow re-facing of billboard On November 4, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the application of Deutz Housing, LLC to issue a special use permit to allow the re-facing of an existing static billboard. The matter was duly published and notice was provided to property owners within 350 feet of the property located at 320 Old Highway 52. th LEGAL DESCRIPTION: Lots 7 & 8 & E2 of West St, Blocks 2 & 3 Less HWY Block 2, Loso’s 7 Addition. ZONING CLASSIFICATION: R1, Single Family ORDINANCE REFERENCE: St. Joseph Code of Ordinance52.27 Subd. 3(k) identifies uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. The Planning Commission accepted the following testimony: th 1. Mike McDonald, 213 – 13 Ave SE stated in his opinion the City is being overly restrictive and since the sign is existing, the refacing of the sign from static to dynamic should be approved. He clarified that dynamic signs are used in many applications with the City even considering modifying a conforming sign. 2. Joe Pfannenstein, owner of the existing static structure, spoke in support of the sign as in his opinion advertising is needed for businesses to compete. 3. Property owner Mike Deutz spoke on his behalf and stated that in his opinion he is only completing routine maintenance on the sign, and the maintenance techniques of today are digital. He further stated that he does not believe the use of the property is changing. 4. Sign Vendor, Troy Rheaume indicated that the proposed sign would include six to eight advertisements and he believes there is a need for advertising in the area. Upon the Public Hearing being closed, the Planning Commission deliberated the following: 1. Is the re-facing of a sign from static to dynamic maintenance or change in use? 2. Safety concerns regarding traffic to include the brightness of the sign. 3. Existing structure to include number of poles and what portion of the structure will be utilized. After considerable discussion the Planning Commission recommended the City Council issue a special use permit to Deutz Properties LLC to replace the existing face of the billboard located at 320 Old Highway 52 with a digital face, only utilizing the poles of the existing billboard. The recommendation for approval was based on the following: 1. In the opinion of the Planning Commission placing a digital face on the billboard is maintenance as the technology for billboards has changed from wrapping to digital. On November 21, 2013 the St. Joseph City Council considered the recommendation of the Planning Commission to approve the Special Use Permit to allow the refacing of the existing billboard. During the open comment portion of the City Council meeting, the following information was received: 1. Nancy Ebel spoke in opposition to the proposed special use and requested the Council deny the special use permit as she has done considerable research on digital signs and believes they are a safety hazard. She further stated it is her opinion that digital billboards add to the already concerning issue of distracted driving and is also located in a residential neighborhood and near a City Park. 2. Troy Rheaume, sign vendor, spoke in opposition to the information presented by Ebel and stated that brightness of signs can be controlled and are currently regulated by Federal traffic laws. The City Council deliberated the following: 1. Impacts of digital signs and what types of controls are appropriate. 2. Clarification that the existing sign is a non-conforming sign as billboards are not allowed in the corporate limits. Therefore the issue is will the refacing of the existing non-conforming sign intensify or expanding the use. 3. The City is required to act on land use matters within 60 days unless the time frame is extended to gather additional information. The City Council tabled action on the special use permit and extended the land use action requirement an additional 60 days to do additional research. The applicant was provided written notice on December 3, 2013 that the City Council extended the time frame for action on his land use application an additional 60 days and would have a decision no later than February 18, 2014. The matter to reconsider the application of Deutz Housing LLC for a special use permit to consider the refacing of an existing non-conforming billboard was posted and scheduled for February 6, 2014 at 6:00 PM. The following information was forwarded to the City Council as facts for deliberation of the matter. APPLICABLE REFERENCES 1. St. Joseph Code of Ordinances 52.08 Non-Conforming Uses provides in part: “Subd. 2: Continuation of Non-Conforming Uses: Any nonconformity, … existing at the time of the adoption of this Ordinance may be continued, including through repair, replacement, restoration, maintenance , or improvement, but not including expansion, . “ “Subd. 3: Extension or Expansion of Non-conforming Use. … A non-conforming use of a residential, commercial or industrial land shall not be enlarged, expanded, increased or extended to occupy a greater areas than was occupied when the use became non- conforming, …. .” “Subd 4. Structural Change. No existing structure devoted to a non-conforming use shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a conforming use.” “Subd. 5: Maintenance: Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it includes necessary non-structural repairs and incidental alteration which do not extend or intensify the non-conforming building or use.” 2. St. Joseph Code of Ordinances 52.11 – Signs provides in part: Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter permitted: “Subd. 7 (f) Where a sign is an illuminated sign, the source of light shall not shine upon any part of a residence or into a residence district or any roadway.” “Subd. 12: Non-Conforming Signs: Compliance. …. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: a. No sign shall be enlarged or altered in a way which increases its nonconformity. b. ….. c. ….. d. ….. e. Non existing nonconforming sign shall be enlarged, expanded or moved except in changing the sign to a sign permitted in the zoning district in which it is located.” 3. Minn. Stat. Sect. 462.357, Subd. 1 e Non Conformities a. Except as otherwise provided by law, 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 estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. b. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. SIGN DETAIL 1. The application is to replace an existing static billboard with a dynamic digital face. The existing billboard is illuminated by two halogen lights which direct light directly onto the sign face with the light then being reflected off the face. The billboard is located in a residential district and is a nonconforming use because it is located in a residential district and Ord. 52.27 (the R 1 Residence District) at Subd. 10 (a) 7 prohibits illuminated signs in residential districts. The billboard is also a nonconforming use in that the Sign Ordinance does not allow billboards within the City of St. Joseph. 2. The existing billboard has a wooden face which is affixed to the support columns. The wooden face consists of 4 feet by 8 feet sheets of plywood. The dimensions of the existing billboard are 120 inches by 288 inches by ¾ inch. The volume of the billboard is 25,920 cubic inches. The approximate weight of the existing billboard is 618 lbs. There are two 100 watt halogen lights directing the light beam directly onto the billboard face. This results in a 3 amp draw for the . lighting 3. The proposed billboard is a dynamic sign with thousands of LED lights which direct the light directly outward from the surface of the sign. The sign sales person estimates that the draw is approximately 60 amps, a 20 fold increase in electrical draw over the static sign. The sign sales person estimates the depth or thickness of the new sign is between 7 inches and 8 inches. This results in the dimension of the proposed sign being between 125 inches by 277 inches by 7 inches to 125 inches by 277 inches by 8 inches. This results in a billboard size between 242,375 cubic inches and 277,000 cubic inches. This results in an increase in volume of the sign by a factor of 9 to 10.5 times greater than the existing static sign. 4. Construction of the dynamic sign will require a structural change to the billboard. The entire wooden face of the existing sign will be removed. Rather than affixing the dynamic sign directly to the existing columns, a horizontal beam will be affixed to the top of the existing columns and the sign will be hung from the horizontal bar. 5. According to the sign sales person, (Troy Rheaume) the sign will typically have six to eight advertisers with each ad displayed for eight to ten seconds and then changing to a new add. 6. The property is zoned R1, Single Family residential and the source of light will shine into a residential district. The amp draw on two 100 watt high pressure sodium lights is approximately 3 and 3.6 if low power. 7. The current billboard is located within 500 feet of both Centennial Park and Hollow Park. DECISION AND CONCLUSION The St. Joseph City Council approves/denies the special use permit for Deutz Properties LLC to reface an existing static sign with a dynamic face. Approval/denial is based on the following: 1. 2. 3. 4. Therefore, based on the findings stated above, the St. Joseph City approves the sign with the following design standards. 1. 2. ST. JOSEPH CITY COUNCIL By Rick Schultz, Mayor By Judy Weyrens, Administrator Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201 STATE OF MINNESOTA CITY OF ST. JOSEPH COUNTY OF STEARNS SPECIAL USE PROCEEDINGS FINDINGS OF FACT AND DECISION In the matter of: Deutz Housing LLC Special Use Permit to allow re-facing of billboard On November 4, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the application of Deutz Housing, LLC to issue a special use permit to allow the re-facing of an existing static billboard. The matter was duly published and notice was provided to property owners within 350 feet of the property located at 320 Old Highway 52. th LEGAL DESCRIPTION: Lots 7 & 8 & E2 of West St, Blocks 2 & 3 Less HWY Block 2, Loso’s 7 Addition. ZONING CLASSIFICATION: R1, Single Family ORDINANCE REFERENCE: St. Joseph Code of Ordinance52.27 Subd. 3(k) identifies uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. The Planning Commission accepted the following testimony: th 1. Mike McDonald, 213 – 13 Ave SE stated in his opinion the City is being overly restrictive and since the sign is existing, the refacing of the sign from static to dynamic should be approved. He clarified that dynamic signs are used in many applications with the City even considering modifying a conforming sign. 2. Joe Pfannenstein, owner of the existing static structure, spoke in support of the sign as in his opinion advertising is needed for businesses to compete. 3. Property owner Mike Deutz spoke on his behalf and stated that in his opinion he is only completing routine maintenance on the sign, and the maintenance techniques of today are digital. He further stated that he does not believe the use of the property is changing. 4. Sign Vendor, Troy Rheaume indicated that the proposed sign would include six to eight advertisements and he believes there is a need for advertising in the area. Upon the Public Hearing being closed, the Planning Commission deliberated the following: 1. Is the re-facing of a sign from static to dynamic maintenance or change in use? 2. Safety concerns regarding traffic to include the brightness of the sign. 3. Existing structure to include number of poles and what portion of the structure will be utilized. After considerable discussion the Planning Commission recommended the City Council issue a special use permit to Deutz Properties LLC to replace the existing face of the billboard located at 320 Old Highway 52 with a digital face, only utilizing the poles of the existing billboard. The recommendation for approval was based on the following: 1. In the opinion of the Planning Commission placing a digital face on the billboard is maintenance as the technology for billboards has changed from wrapping to digital. On November 21, 2013 the St. Joseph City Council considered the recommendation of the Planning Commission to approve the Special Use Permit to allow the refacing of the existing billboard. During the open comment portion of the City Council meeting, the following information was received: 1. Nancy Ebel spoke in opposition to the proposed special use and requested the Council deny the special use permit as she has done considerable research on digital signs and believes they are a safety hazard. She further stated it is her opinion that digital billboards add to the already concerning issue of distracted driving and is also located in a residential neighborhood and near a City Park. 2. Troy Rheaume, sign vendor, spoke in opposition to the information presented by Ebel and stated that brightness of signs can be controlled and are currently regulated by Federal traffic laws. The City Council deliberated the following: 1. Impacts of digital signs and what types of controls are appropriate. 2. Clarification that the existing sign is a non-conforming sign as billboards are not allowed in the corporate limits. Therefore the issue is will the refacing of the existing non-conforming sign intensify or expanding the use. 3. The City is required to act on land use matters within 60 days unless the time frame is extended to gather additional information. The City Council tabled action on the special use permit and extended the land use action requirement an additional 60 days to do additional research. The applicant was provided written notice on December 3, 2013 that the City Council extended the time frame for action on his land use application an additional 60 days and would have a decision no later than February 18, 2014. The matter to reconsider the application of Deutz Housing LLC for a special use permit to consider the refacing of an existing non-conforming billboard was posted and scheduled for February 6, 2014 at 6:00 PM. The following information was forwarded to the City Council as facts for deliberation of the matter. APPLICABLE REFERENCES 1. St. Joseph Code of Ordinances 52.08 Non-Conforming Uses provides in part: “Subd. 2: Continuation of Non-Conforming Uses: Any nonconformity, … existing at the time of the adoption of this Ordinance may be continued, including through repair, replacement, restoration, maintenance , or improvement, but not including expansion, . “ “Subd. 3: Extension or Expansion of Non-conforming Use. … A non-conforming use of a residential, commercial or industrial land shall not be enlarged, expanded, increased or extended to occupy a greater areas than was occupied when the use became non- conforming, …. .” “Subd 4. Structural Change. No existing structure devoted to a non-conforming use shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a conforming use.” “Subd. 5: Maintenance: Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it includes necessary non-structural repairs and incidental alteration which do not extend or intensify the non-conforming building or use.” 2. St. Joseph Code of Ordinances 52.11 – Signs provides in part: Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter permitted: “Subd. 7 (f) Where a sign is an illuminated sign, the source of light shall not shine upon any part of a residence or into a residence district or any roadway.” “Subd. 12: Non-Conforming Signs: Compliance. …. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: a. No sign shall be enlarged or altered in a way which increases its nonconformity. b. ….. c. ….. d. ….. e. Non existing nonconforming sign shall be enlarged, expanded or moved except in changing the sign to a sign permitted in the zoning district in which it is located.” 3. Minn. Stat. Sect. 462.357, Subd. 1 e Non Conformities a. Except as otherwise provided by law, 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 estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. b. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. SIGN DETAIL 1. The application is to replace an existing static billboard with a dynamic digital face. The existing billboard is illuminated by two halogen lights which direct light directly onto the sign face with the light then being reflected off the face. The billboard is located in a residential district and is a nonconforming use because it is located in a residential district and Ord. 52.27 (the R 1 Residence District) at Subd. 10 (a) 7 prohibits illuminated signs in residential districts. The billboard is also a nonconforming use in that the Sign Ordinance does not allow billboards within the City of St. Joseph. 2. The existing billboard has a wooden face which is affixed to the support columns. The wooden face consists of 4 feet by 8 feet sheets of plywood. The dimensions of the existing billboard are 120 inches by 288 inches by ¾ inch. The volume of the billboard is 25,920 cubic inches. The approximate weight of the existing billboard is 618 lbs. There are two 100 watt halogen lights directing the light beam directly onto the billboard face. This results in a 3 amp draw for the . lighting 3. The proposed billboard is a dynamic sign with thousands of LED lights which direct the light directly outward from the surface of the sign. The sign sales person estimates that the draw is approximately 60 amps, a 20 fold increase in electrical draw over the static sign. The sign sales person estimates the depth or thickness of the new sign is between 7 inches and 8 inches. This results in the dimension of the proposed sign being between 125 inches by 277 inches by 7 inches to 125 inches by 277 inches by 8 inches. This results in a billboard size between 242,375 cubic inches and 277,000 cubic inches. This results in an increase in volume of the sign by a factor of 9 to 10.5 times greater than the existing static sign. 4. Construction of the dynamic sign will require a structural change to the billboard. The entire wooden face of the existing sign will be removed. Rather than affixing the dynamic sign directly to the existing columns, a horizontal beam will be affixed to the top of the existing columns and the sign will be hung from the horizontal bar. 5. According to the sign sales person, (Troy Rheaume) the sign will typically have six to eight advertisers with each ad displayed for eight to ten seconds and then changing to a new add. 6. The property is zoned R1, Single Family residential and the source of light will shine into a residential district. The amp draw on two 100 watt high pressure sodium lights is approximately 3 and 3.6 if low power. 7. The current billboard is located within 500 feet of both Centennial Park and Hollow Park. DECISION AND CONCLUSION The St. Joseph City Council approves/denies the special use permit for Deutz Properties LLC to reface an existing static sign with a dynamic face. Approval/denial is based on the following: 1. 2. 3. 4. Therefore, based on the findings stated above, the St. Joseph City approves the sign with the following design standards. 1. 2. ST. JOSEPH CITY COUNCIL By Rick Schultz, Mayor By Judy Weyrens, Administrator Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201