Subd. 1.   Title. This chapter shall be known as the “Shorewood Zoning Ordinance” except as referred to herein, where it shall be known as “this chapter.”

Subd. 2.   Intent and purpose. The intent of this chapter is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations governing development and use of land. This chapter shall divide the city into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration and use of structures and land. The regulations are established to protect the use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter to provide for amendments; to prescribe penalties for violation of the regulations; and to define powers and duties of the city staff, the Board of Adjustment and Appeals, the Planning Commission and the City Council in relation to the zoning ordinance.

Subd. 3.   Relation to Comprehensive Plan. It is the policy of the City of Shorewood that the enforcement, amendment and administration of this chapter be accomplished with due consideration of the recommendations contained in the Comprehensive Plan as developed and amended from time to time by the City Council of the city. The Council recognizes the Comprehensive Plan as the Policy Guide responsible for regulation of land use and development in accordance with the policies and purpose herein set forth.

Subd. 4.   Application of requirements.

      a.   Relationship to other laws. Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any other ordinance, rule or regulation of the city the ordinance, rule or regulation which imposes the more restrictive condition, standard or requirement shall prevail. The Zoning Administrator shall determine which is more restrictive and appeals from the determination may be made in the manner provided herein.

      b.   Minimum requirement. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

Subd. 5.   Conformance. Except as provided herein, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter. Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter.

Subd. 6.   Uses not provided for within zoning districts. Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case, the City Council, on its own initiative or upon request, may conduct a study to determine if the use is acceptable and if so what zoning district would be most appropriate and make a determination as to conditions and standards relating to development of the use. The City Council or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to the zoning ordinance to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.

Subd. 7.   Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:

      a.   The singular number includes the plural, and the plural the singular;

      b.   The present tense includes the past and the future tenses, and the future the present;

      c.   The word SHALL is mandatory while the word MAY is permissive;

      d.   The masculine gender includes the feminine and neuter;

      e.   Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof;

      f.   All measured distances expressed in feet shall be the nearest tenth of a foot.

Subd. 8.   Separability. It is declared to be the intention of the city that the several provisions of this chapter are separable in accordance with the following:

      a.   Other parts of this chapter. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, the judgment shall not affect any other provisions of this chapter not specifically included in the judgment;

      b.   Application to other party. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, the judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment.

Subd. 9.   Authority. This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, M.S. §§ 462.351 to 462.363.

Subd. 10.   Comprehensive revision. The Council intends this chapter to be a comprehensive revision to the Shorewood Zoning Ordinance, as amended. Except as otherwise provided herein, the provisions of this chapter are not intended to alter, diminish or increase or otherwise modify any rights or liabilities existing on its effective date. Any act done, offense committed or rights accruing or accrued or liability or penalty incurred or imposed prior to the effective date of this chapter is not affected by its enactment.

Subd. 11.   Repeal. Ordinances 8, 15, 22, 31, 43, 50, 61, 69, 77, 94, 99, 104, 106, 107, 108, 110, 111, 116, 122, 126, 134, 137, 138, 141, 142, 144, 145, 148, 149, 150, 151, 152, 153, 159, 160, 168, 171, 174 and 177 are hereby repealed and replaced by this chapter.

(1987 Code, § 1201.01)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      a.   Part or all of the feature is located in a shoreland area;

      b.   The slope rises at least 25 feet above the ordinary high water level of the waterbody;

      c.   The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and

      d.   The slope must drain toward the waterbody.

   COMMERCIAL RECREATION. A facility having various activities for amusement, recreation or entertainment such as bowling alley, cart track, golf course or driving range, pool hall, dance hall, skating rink, trampoline center, theater, boat rental, amusement rides, campgrounds and similar uses.

      a.   Eighty percent (80%) or more of the roof area is covered with a minimum depth of 12 inches of earth; and

      b.   Fifty percent (50%) or more of the wall area is covered with a minimum depth of 12 inches of earth.

      a.   The overflow of inland waters; or

      b.   The unusual and rapid accumulation or runoff of surface waters from any source.

      a.   Cantilevers no greater than two feet from the side of the structure and at least four feet above the adjacent grade.

      b.   Overhangs no greater than two feet from the side of the structure.

   MANUFACTURED HOME. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the U.S. Department of Housing and Urban Development and complies with the standards established under M.S. Chapter 327.

      a.   The official determination of the size of lakes, ponds or flowages shall be the areas listed in the Division of Waters, Soils and Minerals Bulletin No. 25, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowages are not listed therein, the official determination of size and physical limits shall be made by the Minnesota Commissioner of Natural Resources.

      b.   The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Minnesota Commissioner of Natural Resources.

   PUBLIC WATERS - GENERAL DEVELOPMENT. Those waters whose shores are generally characterized by industrial, commercial or high density residential development as determined by the Minnesota Department of Natural Resources Standards and Criteria for the Management of Municipal Shoreland Areas of Minnesota (Minn. Rules parts 6120.2500 to 6120.3900).

      a.   No longer conveys the intended message;

      b.   Is not properly installed as originally proposed;

      c.   Is installed in the public right-of-way in violation of this chapter;

      d.   Remains on the property after the principal use has been removed; or

      e.   Has been poorly maintained as evidenced by deteriorated condition, including illegible or faded text, broken panels, or bent or broken supports.

      a.   Erected or displayed for a specific period of time (as specified elsewhere in this chapter);

      b.   Constructed with impermanent construction techniques or materials including, but not limited to, vinyl or plastic sheeting or plywood; or

      c.   Is portable or otherwise installed to be readily moveable.

      a.   A satellite earth station antenna two meters in diameter or less, located in a C-1 or C-2 zoning district;

      b.   A satellite earth station antenna one meter in diameter or less, wherever located.

(1987 Code, § 1201.02) (Ord. 180, passed 5-19-1986; Am. Ord. 242, passed 8-26-1991; Am. Ord. 243, passed 9-9-1991; Am. Ord. 261, passed 11-30-1992; Am. Ord. 321, passed 5-12-1997; Am. Ord. 345, passed 10-26-1998; Am. Ord. 373-a, passed 7-23-2001; Am. Ord. 389, passed 8-12-2002; Am. Ord. 419, passed 1-23-2006; Am. Ord. 431, passed 11-27-2006; Am. Ord. 459, passed 6-22-2009; Am. Ord. 485, passed 11-14-2011; Am. Ord. 487, passed 11-28-2011; Am. Ord. 492, passed 3-12-2012; Am. Ord. 499, passed 9-10-2012; Am. Ord. 531, passed 7-11-2016; Am. Ord. 535, passed 11-28-2016; Am. Ord. 542, passed 7-24-2017; Am. Ord. 544, passed - -2017; Am. Ord. 575, passed 12-14-2020; Am. Ord. 588, passed 5-9-2022; Am. Ord. 606, passed - -2024; Am. Ord. 607, passed 8-26-2024; Am. Ord. 608, passed - -2024)

Subd. 1.   Nonconforming buildings, structures and uses.

         (6)   Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.

         (4)   Except in the case of planned unit development as provided for in § 1201.06 of this chapter, not more than one principal building shall be located on a lot. The city may, by interim conditional use permit, allow a single-family residential dwelling to remain on a lot while a new dwelling is being constructed on the same lot, provided that:

            (a)   The new dwelling shall conform to the setback requirements of the zoning district in which it is located;

            (b)   Construction of the new dwelling shall not result in substantially greater site alteration (for example, tree removal or grading) than if the original house is first removed;

            (c)   The property owner must provide an estimate from a licensed contractor for the cost of removing the original dwelling and restoring the site. From this estimate the city shall require a cash escrow or letter of credit in the amount of 150% of the estimate to ensure that the original dwelling will be removed within two weeks of the date that a certificate of occupancy is issued for the new dwelling. In no instance shall the original home remain on the property longer than two years;

            (d)   The property owner shall provide the cash escrow or letter of credit referenced in (c) above at the time a building permit is issued for the new dwelling. The new dwelling shall not be occupied until a certificate of occupancy has been issued; and

            (e)   The request shall be subject to the requirements of § 1201.04 Subd. 4. of this chapter.

         (5)   On a through lot both street lines shall be front lot lines for the application of the yard and parking regulations of this chapter.

         (6)   The improvements shall be in compliance with the standards established by the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit), the MPCA’s Small Municipal Separate Storm Sewer Systems General permit MNR040000 (MS4 Permit), either Minnehaha Creek Watershed District rules or Riley Purgatory Bluff Creek Watershed District rules as may apply, and the City of Shorewood’s Surface Water Management Plan as now constituted and from time to time amended.

         (1)   No detached accessory building or structure shall be allowed on any lot without a principal building to which it is accessory.

         (2)   No detached accessory building shall exceed 15 feet or one story in height.

         (3)   Accessory buildings and structures shall be constructed within the buildable area of the lots as defined in § 1201.02 of this chapter except as provided in subdivision 3c of this section.

         (4)   For single-family and two-family homes, no accessory building, including attached garages, or combination of accessory buildings but excluding docks shall exceed three in number, nor 1,200 square feet in area in the R 1A, R 1B, R 1C, R 2A, R 2B and R 3A Districts, nor 1,000 square feet in area in the R 1D, R 2C, R 3B and R-C Districts, except by conditional use permit as provided for in § 1201.04 of this chapter. In addition the following conditions shall apply:

            (a)   The total area of accessory buildings shall not exceed the floor area of all stories above grade of the principal structure. The City Council may grant an exception for greenhouses, as defined herein, under the following conditions:

               (i)   The lot on which the greenhouse is to be located shall contain a minimum of 80,000 square feet of area. In no case shall the lot area be reduced to less than 80,000 square feet in area;

               (ii)   Side yard setbacks for the greenhouse shall be double that required for the district in which the property is located;

               (iii)   The property owner shall landscape around accessory buildings according to a landscape plan approved by the City Council;

               (iv)   In no case shall the total area of accessory buildings exceed 7% of the minimum lot area for the district in which the property is located.

            (b)   In no case shall the total area of accessory buildings exceed 10% of the minimum lot area for the district in which the property is located.

            (c)   In evaluating the conditional use permit, the city shall take into consideration the location of existing and proposed structures, site drainage and landscaping.

            (d)   The architectural character of proposed accessory buildings shall be similar and consistent with other buildings on the site and in the area.

            (e)   Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures, or to exceed 1,000 square feet or 1,200 square feet of accessory floor area, based upon the district in which they are located.

               Exception: An existing nonconforming accessory structure may be allowed to remain nonconforming, and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure:

                  (i)   The applicant can demonstrate that the structure was constructed prior to August 2, 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or affidavits from persons who lived on or near the property on or before August 2, 1956.

                  (ii)   The structure must be in sound structural condition with respect to roof, walls, and foundation. If the structure requires 50% or more replacement, the building must be removed or brought into conformity with this code. The extent of replacement required shall be determined by the Building Official.

                  (iii)   The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the city and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission.

                  (iv)   The owner of the property shall enter into a development agreement with the city, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent the owner from bringing the structure into conformance with this code or removing it from the property.

            (5)   Subject to the provisions of subdivision (4) above, no permit shall be issued for the construction of more than one private detached garage structure for each detached single-family dwelling, except on the approval of a conditional use permit according to the provisions of § 1201.04 of this chapter.

         (6)   Every detached single-family dwelling unit erected after the effective date hereof shall be so located on the lot so that at least a two car garage, either attached or detached, can be located on the lot.

         (7)   No accessory uses or equipment, such as air conditioning cooling structures or condensers, which generate noise may be located in a required side yard setback, except for side yards abutting streets where equipment is fully screened from view.

               (i)   Any fence erected within any portion of the required front yard or the required side yard abutting a public street shall not exceed four feet in height and shall be at least 25% open.

            (a)   The boundary or perimeter of the subject site at points adjoining a public right-of-way, other property and the immediate perimeter of the structure;

            (b)   Where any nonresidential use (for example, structure, loading area, parking or storage) abuts property zoned for residential use, the nonresidential use shall provide screening along the boundary of the residential property. The screening shall consist of landscaping at least as deep as the required setback for the subject site and of sufficient density to provide a visual screen and reasonable buffer;

            (c)   Fencing may also be installed, in conjunction with, but not in lieu of landscaping. The design and materials used in constructing a required screening fence shall be subject to the approval of the City Council in conjunction with site plan review as provided for in § 1201.03, Subd. 17 of this code. The screening required herein may consist of a solid fence or wall constructed from masonry, brick, wood and/or steel in compliance with subdivision 2.f of this section. The fence or wall shall be of a height and material determined necessary by the City Council. Screening using plant materials shall not extend within 15 feet of any street nor into the public right-of-way except as allowed by Chapter 901;

 

 

               (i)   Plant material centers shall not be located closer than three feet from the property line and shall not be planted in the right-of-way or within 15 feet of the edge of a public street, or in a manner that conflicts with public plantings, sidewalks, trails, fences, utility mains, parking areas and driveways as determined by the Zoning Administrator.

            (c)   Rooftop mechanical equipment less than three feet in height may be exempt from screening requirements as determined by the Zoning Administrator.

         (2)   Indirect lighting may not cast light on:

            (a)   A public street in excess of one foot-candle (meter reading) as measured from the curb line or edge of the paved street.

            (b)   On adjacent residential property in excess of four-tenths (.4) foot-candles (meter reading) as measured from the adjoining residential property line.

            (c)   Façade or landscape uplighting shall not exceed a total of 2,000 initial light output lumens per façade. Flag floodlighting shall not exceed a total of 2,000 initial light output lumens per flag. Lighting in excess of this amount is regulated in § 1201.03 Subd. 2.v.(5).

         (1)   For all lots that are not within the “S” Shoreland District and not subject to the regulations in § 1201.26 of the zoning regulations.

            (a)   Residential and agricultural properties in the R-1A through R-3A zoning districts: 33%.

            (b)   Properties with residential uses in the R-3B zoning district; properties in commercial districts (R-C, C-1, C-2, L-R); and nonresidential properties in the R-1A through R-3B zoning districts: 66%, provided that any applicable permits from other regulating jurisdictions are acquired and as follows:

               (i)   Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in place for the collection and treatment of stormwater runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan, the most current version of the Minnesota Stormwater Manual guidelines, and applicable watershed rules, as may be amended.

               (ii)   Measures for the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and sump structures on stormwater inlets, oil skimming devices, and the like.

            (c)   Properties in commercial districts (R-C, C-1, C-2, L-R) may exceed 66% with the approval of a conditional use permit subject to the requirements of § 1201.04, provided that any applicable permits from other regulating jurisdictions are acquired and as follows:

               (i)   Impervious surface coverage shall not exceed 75%.

               (ii)   The standards in subdivisions 2.u.(1)(b)(i) and (ii) above and 2.u.(2)(c) below are met.

         (2)   For all lots in the “S,” Shoreland zoning district and subject to the regulations in § 1201.26 of the zoning regulations: 25%, except that the following shall be allowed by conditional use permit subject to the requirements of § 1201.04 and the following:

            (a)   Multiple-family residential uses in the R-3B zoning district may be allowed to exceed 25% but not greater than 66%, subject to the conditions in subdivisions 2.u.(2)(c) and (d) below.

            (b)   Properties in the commercial districts (R-C, C-1, C-2, L-R) may be allowed to exceed 25% but not greater than 66%, subject to the conditions in subdivisions 2.u.(2)(c) and (d) below.

            (c)   The treatment measures in subdivisions 2.u.(1)(b)(i) and (ii) shall be applicable.

            (d)   All applicable permits shall be acquired from other regulating jurisdictions.

         (3)   Properties in Planned Unit Developments (P.U.D.) shall be regulated consistent with similar uses in the underlying districts identified in subdivisions 2.u.(1) and (2) above, unless otherwise specified by the P.U.D.

         (1)   The purpose of this section is to establish lighting requirements that will: 1) permit reasonable use of lighting for night-time safety, utility, security, productivity, enjoyment and commerce; 2) minimize glare, obtrusive light and artificial sky glow by limiting outdoor lighting that is misdirected, excessive or unnecessary; 3) conserve energy and resources to the greatest extent possible; and 4) help protect the natural environment from the damaging effects of night lighting from man-made sources.

            (a)   Lighting on single- and two-family homes, townhouses, and multiple- family dwellings with six or fewer units. Lighting for these uses is subject to the regulations in § 1201.03 Subd. 2.i. (Glare).

            (b)   Lighting in the public right-of-way installed by a government agency or utility company.

            (a)   Name and location of the project;

            (b)   Name, mailing address, electronic address and phone number of the professional preparing the plan and the developer or property owner;

            (c)   Scale of the plan (engineer scale only, no greater than one inch equals 60 feet);

            (d)   An accurate site plan based on a survey, which includes all existing and proposed land improvements, including but not limited to buildings, parking lots, drive aisles and driveways, streets, proposed and existing landscaping, walkways and accessory buildings and structures, and identifies the area of all existing and proposed impervious surfaces on the property;

            (e)   A photometric plan superimposed on the site plan with photometric points no farther than ten feet apart across the entire site and a minimum of ten feet or more (as may be appropriate) beyond the property lines. Each point must be to the nearest one-tenth (0.1) foot-candle;

            (f)   A luminaire schedule table indicating each fixture with the initial light output lumens, color rendering index, color temperature, backlight, uplight, glare and mounting height (including base).

               (i)   Motor fuel sales: 4,000 lumens per pump island, as long as the additional lumens are provided by luminaires that are fully recessed into a canopy.

               (ii)   Drive-up service windows: 2,000 lumens per service window.

 

 

            (a)   Lighting systems not complying with the technical requirements of this section but consistent with its intent may be installed for the following applications upon issuance of a conditional use permit. Each request for a conditional use permit shall be evaluated based upon the standards and criteria of § 1201.04.

               (i)   Outdoor athletic fields and recreation areas.

               (ii)   Construction lighting.

               (iii)   National and state flag lighting with spotlights greater than 2,000 lumens.

               (iv)   Uplights for buildings beyond that allowed by § 1201.03 Subd. 2.i. (Glare).

               (v)   Public monuments and buildings.

               (i)   The applicant shall demonstrate that every reasonable effort to mitigate light trespass and light pollution, supported by a signed statement from a registered engineer or by a certified lighting professional describing the mitigation measures.

               (ii)   Complies with all the technical requirements of this section after 10:30 p.m.

         (6)   Following installation of any lighting on a site, the engineer or lighting professional who prepared the lighting plan shall certify in writing that the location, type, mounting height, initial luminaire lumens, luminaire ratings and photometric data all comply with the approved lighting plan.

         (7)   Any new lighting installed after the effective date of this section shall be in compliance with the requirements of this section. Any lighting in existence before the effective date of this section that does not comply with requirements shall be considered legally nonconforming. However, if a property owner proposes to replace 50% or more of the existing exterior luminaires or standards in any two-year period, the luminaires or standards must be replaced in conformance with this chapter.

      c.   The following shall not be considered as encroachments on required yard setbacks for all lots:

         (1)   Chimneys, flues, belt courses, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, provided they do not project more than two feet into a required yard.

         (2)   For a detached, single-family, two-family or townhouse dwelling in any residential zoning district, ramps and other devices for access to buildings and sites by disabled persons, in compliance with the Americans with Disabilities Act, may encroach into any required front, side or rear setback, provided that a front setback of not less than 20 feet, a rear setback of 20 feet, and side setbacks of not less than five feet shall be maintained.

         (3)   For a detached, single-family, two-family or townhouse dwelling constructed prior to May 19, 1986, a one-story, enclosed entrance may extend into the front yard setback not more than four feet. The entrance shall not exceed six feet in width.

         (4)   For a detached, single-family or two-family dwelling in any residential zoning district, a one-story, open deck or portico may extend into the front yard setback not more than four feet, provided:

            (i)   The length of the portico shall not exceed 50% of the width of the silhouette of the building, excluding eaves, as viewed from the street; and

            (ii)   This area shall not be enclosed nor screened with mesh, glass or other similar material, except for guardrails no higher than 42 inches and at least 60% open.

         (5)   Uncovered terraces, patios steps, stoops, walkways or similar features, but not including porches or balconies in front or rear yards, provided they are not covered by a roof, don't extend above the entrance floor level of the building, or are more than four and one-half feet into the required side or rear yard. This allowance shall not apply to decks or other above grade improvements.

         (6)   Sidewalks and walkways in a front yard provided they are no wider than four feet in width.

         (7)   Laundry drying and recreational equipment, arbors, and trellises in rear yards to a point no closer than five feet from any lot line.

         (8)   One detached accessory building not exceeding eight feet in height, nor 100 square feet in area in the rear yard to a point no closer than five feet from any lot line.

         (9)   The minimum rear yard setback for swimming pools and a three-foot wide pool apron shall be 60% of that which is required for the zoning district in which the pool is located. No part of any pool, including guardrails, shall exceed six feet above grade in height. Decking and patios shall not encroach into the required rear yard setback area. Rear yard setbacks for lakeshore lots shall be as provided in § 1201.26 of this chapter.

         (10)   For residential districts, one recreational vehicle or piece of equipment may be stored in required front yards; provided it is located on an approved driveway, it does not take up required parking space as provided in Subd. 5.h. of this section, it is currently licensed and operable and it is located no closer than 15 feet from the paved surface of the street. This provision shall only apply when there is no practical way to store the vehicle or equipment within the buildable area of the lot.

         (11)   For cemeteries, grave sites may be located within front yards and side yards abutting streets, no closer than 15 feet from the public right-of-way. Monuments for grave sites within front yards or side yards abutting streets shall be limited to headstones flush with the ground.

         (12)   Storage of trash receptacles for single-family and two-family dwellings may extend into a required front yard setback or required side yard setback abutting a street no more than five feet. Trash receptacles may be placed adjacent to the street, 12 hours prior to the designated refuse collection day, and must be removed no later than 12 hours after the designated refuse collection day.

         (13)   Air conditioning and heating equipment shall not be located within drainage and utility easements. Air conditioning and heating equipment on residential shoreline lots may encroach into required side yards, but no closer than ten feet from the side lot line.

         (14)   Egress pits or wells shall not be located within drainage and utility easements. Egress pits or wells extending no wider than four feet may be located within the required front, rear or side-yard abutting a public street setback, provided they project no more than four feet into the required yard setback and the egress pit is no greater than 16 square feet.

      d.   Where adjacent residential structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the required front yard setback exceed that required minimum established within the districts of this chapter.

         (1)   The building height limits established herein for districts shall not apply to the following:

            (a)   Belfries;

            (b)   Chimneys or flues;

            (c)   Spires on religious institutions;

            (d)   Cooling towers, mechanical and air conditioning equipment when screened from view;

            (e)   Cupolas and domes that do not contain useable space;

            (f)   Elevator penthouses;

            (g)   Monuments;

            (h)   Parapet walls extending not more than three feet above the limiting height of the building;

            (i)   Water towers;

            (j)   Poles, towers and other structures for essential services subject to Subd. 10 of this section;

            (k)   Television and radio antennas not exceeding 20 feet above the roof. Exception: ham radio antennas over 20 feet may be allowed by conditional use permit as provided for in § 1201.04 of this chapter, provided that:

            (l)   Television and radio antennas not exceeding 20 feet above the roof. Exception: ham radio antennas over 20 feet may be allowed by conditional use permit as provided for in § 1201.04 of this chapter, provided that:

               (i)   The ham radio must be licensed by the Federal Communications Commission (FCC);

               (ii)   Construction of the antenna requires a building permit;

               (iii)   The antenna must be located within the buildable area of the lot; and

               (iv)   The antenna must be fenced or so designed as to be difficult to climb.

         (2)   The requirements of Minn. Rules 8800.1200 (Criteria for Determining Air Navigation Obstructions), as may be amended, are hereby adopted by reference.

 

 

            (g)    Curb cut or driveway openings shall be at minimum five feet, not including curb radius, from side or rear property lines. Any driveway proposed within a drainage and utility easement shall require approval by the City Engineer and shall be a minimum of ten feet from any public utility main.

            (h)   Driveway access or curb openings on a public street except for single, two-family, townhouse and quadraminium dwellings shall not be located less than 40 feet from one another.

         (1)   Single-family, two-family, townhouse and quadraminium buildings: two spaces per dwelling unit. Townhouses shall require one guest parking space for every three dwelling units when located adjacent to a public street where no parking is permitted;

         (2)   Boarding house: at least one parking space for each person for whom accommodations are provided for sleeping;

         (3)   Multiple-family dwellings: at least two spaces per dwelling unit;

            (j)   Electronic media rental and sales; and

            (k)   Retail cannabis business:

         (18)    School (public, private, or day) - elementary and middle: three parking spaces for each classroom, or one space for each three seats of seating capacity in the assembly area, whichever is greater;

         (19)   School (public, private, or day) - high school through college: two parking spaces for each classroom, plus one space for each five students, based on design capacity, or one space for each three seats of seating capacity in the assembly area, whichever is greater;

         (24)   Laboratories or testing facilities, or manufacturing, fabricating or processing of a product or material: one space for each 350 square feet of floor area, plus one space for each company-owned vehicle (if not stored inside principal building);

         (25)   Warehousing, storage or handling of bulk goods: that space which is solely used as office shall comply with the office use requirements and one space per each 1,000 square feet of floor area, plus one space for each employee on maximum shift and one space for each company-owned vehicle (if not stored inside principal building);

         (28)    Religious institution, theatre, auditorium and amusement place: at least one parking space for each three seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with the buildings or uses shall be subject to additional requirements which are imposed by this section;

         (2)    Up to 50% of the off-street parking facilities required for any use specified under (4) below as primarily daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses; religious institutions, bowling alleys, dance halls, theatres, bars or restaurants;

         (3)   Up to 80% of the parking facilities required by this chapter for a religious institution may be supplied by the off-street parking facilities provided by uses specified under (4) below as primarily daytime uses;

         (1)   All detached accessory buildings in excess of 150 square feet in floor area that are accessory to residential dwelling units shall be constructed with materials and a design compatible with the general character of the principal structure on the lot. No accessory buildings shall be covered in canvas or vinyl fabric. No accessory building in excess of 150 square feet in floor area shall be constructed of sheet or corrugated steel, aluminum, asbestos or fiberglass. Except for approved wood foundations, no accessory building shall be constructed where wood poles are the primary support for the roof system and form the foundation structure.

         (2)   Single-family dwellings shall:

            (a)   Be constructed upon a continuous perimeter foundation that meets the requirements of the State Building Code;

            (b)   Not be less than 30 feet in length and not less than 22 feet in width over that entire minimum length. Width measurements shall not take account of overhang and other projections beyond the principal walls;

            (c)   Have an earth covered, composition, shingled, tiled roof or built-up roof as defined by the State Building Code; and

            (d)   Require a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used.

         (3)    The following shall not be used on exterior walls in residential districts:

            (a)   Smooth face concrete block (except as foundation material); and

            (b)   Canvas or plastic sheeting (except for emergency repairs not to exceed 30 days).

         (1)   All buildings shall be finished on all exterior walls with the following permanent finish materials:

            (a)   Brick;

            (b)   Natural stone;

            (c)   Decorative concrete block (e.g. split face, ribbed, textured);

            (d)   Cast in place concrete or precast concrete panels;

            (e)   Wood, provided surfaces are finished for exterior use and only woods of proven exterior durability are used, such as cedar, redwood and cypress;

            (f)   Curtain wall panels of steel, fiberglass and aluminum (nonstructural nonload-bearing), provided the panels are factory fabricated and finished with a permanent durable nonfade surface and their fasteners are of a corrosion resistant design and provided further that no more than one-third of the wall surface abutting a public street or adjacent to a residential or public area consists of the panels;

            (g)   Glass curtain wall panels;

            (h)   Stucco and similar products;

            (i)   Other materials as determined by the City Council.

         (2)   No building within a commercial zoning district shall be:

            (a)   Constructed of sheet or corrugated steel, aluminum, asbestos, or fiberglass.

            (b)   Except for wood foundations, no building shall be constructed where wood poles are the primary support for the roof system and form the foundation structure.

         (1)   Exterior signs can have a substantial impact on the character of the community and the quality of the environment.

         (2)   Uncontrolled and unlimited signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare.

         (3)   Signs provide an important medium through which individuals may convey a variety of messages.

         (4)   The city’s zoning regulations have, since as early as 1956, included the regulations of signs in an effort to provide adequate means of expression and to provide the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that could adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community.

         (5)   The regulation of the physical characteristics of signs has had a positive impact on traffic safety and the appearance of the community.

         (1)   It is not the purpose or intent of these sign regulations to prefer or favor commercial messages or speech over noncommercial messages or speech, nor is it the purpose or intent of these sign regulations to discriminate between types of noncommercial speech or the viewpoints represented therein. It is not the purpose or intent of these sign regulations to regulate the message displayed on any sign; nor is it the purpose or intent of this subdivision to regulate any building design or any display not defined as a sign, or any sign that cannot be viewed from outside of a building.

         (2)   The purpose and intent of these sign regulations is to:

            (a)   Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare.

            (b)   Maintain, enhance, and improve the aesthetic environment of the city by preventing visual clutter when harmful to the appearance of the community.

            (c)   Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city’s goals of public safety and aesthetics.

            (d)   Provide for fair and consistent enforcement of the sign regulations set forth in this subdivision under the zoning authority of the city.

         (1)   Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones;

         (2)   Allow signs that are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists;

         (3)   Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this subdivision;

         (4)   Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the natural or built environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare; and

         (5)   Provide for the enforcement of the provisions of these regulations.

            (a)   No permit shall be issued until the application, plans, and materials have been found to be in conformance with the zoning and building regulations, as determined by the Zoning Administrator and Building Official or their designee(s) and the required fee has been paid. Signs installed prior to issuance of a permit shall be either required to be removed or the property owner shall be required to pay a double permit fee. Fees shall be as specified in Chapter 1301, as may be amended from time to time.

            (b)   Application for a sign permit shall be made on forms provided by the city and include:

               (i)   The name and contact information of the property owner, tenant (if applicable) and the person, firm, corporation, or other organization erecting the sign.

               (ii)   A certified survey and site plan showing the proposed location of the sign on the site including its position relative to easements, buildings, structures, driveways, streets, property lines, etc.

               (iii)   A complete set of plans showing the necessary elevations, distances, sign dimensions, and details to fully and clearly represent the construction and placement of the sign, including, but not limited to, the following information:

                  A.   Number of sign faces and type of sign (building, freestanding, banner, feather, etc.);

                  B.   Construction materials;

                  C.   Sign dimensions;

                  D.   Type, direction, location and intensity of illumination and name of electrical contractor;

                  E.   Method of attachment to the building or ground.

               (iv)   Stress sheets and calculations showing that the structure is designed to meet the dead load and wind pressure requirements of the Minnesota State Building Code (permanent signs only).

               (v)   The estimated value of the sign (permanent signs only) including labor to install the signs, the sign and any other necessary materials.

            (a)   Public signs placed in the right-of-way.

            (b)   The changing of copy on a manual message board or dynamic display unless a structural or electrical change is involved.

            (c)   The changing of copy on any sign that does not affect the structure or electrical components.

            (d)   Window signs.

            (e)   Signs as allowed by subdivision 11.g.(5), (6), (9), (11), (12), and (14) of this section.

            (f)   Temporary signs as allowed by subdivision 11.h.(1)(h)(i) and (iii); 11.h.(2)(f); and 11.h.(4)(e)(vi) of this section.

            (g)   Installing or exchanging flags on an existing flagpole.

            (h)   Temporary signs three square feet in area or less and under 36 inches in height.

            (a)   No signs other than public signs shall be erected or temporarily placed within or upon public lands or within public rights-of-way abutting public lands.

            (b)   No signs other than public signs and those authorized by subdivision 11.g.(5) may be erected or temporarily placed within or upon rights-of-way or public easements.

            (c)   Any sign placed in violation of this section shall be considered abandoned and may be removed without notice.

            (a)   Any sign that obstructs the vision of drivers or pedestrians or detracts from the visibility of any public or official traffic-control device.

            (b)   Any sign that resembles or imitates an official traffic sign or signal, unless directed to be installed by a federal, state or local government.

            (c)   Any sign in violation of subdivision 2.h. of this section.

            (d)   Any sign that moves, rotates, has any moving parts or gives the illusion of motion.

            (e)   Any sign that contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices, except as allowed by subdivision 11.h.(2)(g) of this section.

            (f)   Portable or inflatable signs (except as provided in subdivision 11.h.(2)(g)).

            (g)   Signs that are attached in any manner to trees, shrubs, fences, utility poles, bridges, towers, transit shelters, or other similar structures, except that public signs may be installed to utility poles, bridges, towers transit shelters, or other similar structures.

            (h)   No sign shall be illuminated with any flashing or intermittent lights (unless installed on a public sign), nor shall any sign shimmer or be animated.

            (i)   Any sign that allows light to be directed at on-coming traffic, interfere with or obscure an official traffic sign or signal.

            (j)   Any illuminated sign that directs light onto a lake so as to interfere with navigation.

            (k)   Roof signs.

            (l)   Window signs in excess of 10% of the total area of the window space as viewed from the street, up to but not exceeding a maximum of 20 square feet.

            (m)   Any sign that projects into the required setback as outlined in this subdivision or over the public right-of-way or public easements, except for those authorized by subdivision 11.g.(5) of this section.

            (n)   Wall graphics.

            (o)   Abandoned signs.

            (p)   Any sign greater than 200 square feet, except as permitted in subdivision 11.g.(5) of this section.

            (a)   Signs may be posted in any number or size during the following times:

               (i)   State general election years: 46 days before a state primary until ten days following the state general election pursuant to M.S. § 211B.045.

               (ii)   For elections without primaries: 100 days before the election to ten days following the election.

            (b)   During the time identified in subdivision 11.h.(5)(a) above, the noncommercial speech signs shall not be located in violation of subdivision 2.g. of this section or closer than five feet from the street, as measured from:

               (i)   The curb of a paved roadway.

               (ii)    The paved street surface for those streets without curb and gutter.

               (iii)   The edge of the aggregate surface for gravel street or those paved streets with improved gravel shoulders.

               (i)   No dynamic display sign may exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between sunset to sunrise as measured from the sign’s face at maximum brightness.

               (ii)   All dynamic display signs having illumination by means other than natural light must be equipped with an ambient light sensor and a dimmer control or other mechanism to continuously adjust the sign’s brightness to ensure at any time the sign’s intensity does not exceed 0.3 foot candles above ambient light levels as measured from 100 feet from the sign’s face and automatically controls the sign’

               (iii)   No dynamic display sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.

               (iv)   The owner or controller of the dynamic display sign must adjust the sign to meet these brightness standards in accordance with the city’s instructions. The adjustment must be made immediately upon notice of non-compliance from the city.

               (v)   A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards.

            (a)   The maximum size of signs shall not exceed six square feet for single-family, two-family, townhouse or quadraminium homes nor more than 20 square feet for multiple-family or nonresidential uses.

            (b)   The maximum height of the signs is eight feet.

            (c)   One sign is permitted per street frontage. Lakeshore lots may have an additional sign oriented to the lake.

            (d)   Signs must be removed from the property within 14 days after the sale or the building is leased/rented.

            (e)   The signs may not be illuminated.

         (1)   Residential districts (R-1A - R-3B and residential uses in the P.U.D. and R-C residential/commercial districts).

            (a)   Commercial speech signs are not allowed for single-family, two-family, townhouse, and quadraminium uses, except for those authorized in subdivision 11.g.(9) and (14) of this section.

            (b)   Allowed area of all signage on each property in residential zoning districts:

 

 

            (c)   Allowed freestanding signage on each property in residential zoning districts:

 

 

            (d)   Allowed wall signage on each property in residential zoning districts:

 

 

            (e)   Signs for multiple family and nonresidential uses placed along arterial or major collector roadways may be indirectly illuminated subject to the standards in subdivision 2.i. of this section.

            (f)   Signs for cemetery uses may be affixed to an entry arch but may not exceed 18 feet in height.

               (i)   Only properties with frontage along major collector or arterial roadways are permitted to have signs with dynamic displays.

               (ii)   The dynamic display portion of the sign shall be limited to no more than 75% of the allowable sign area.

               (iii)   The displays are limited to alpha-numeric text only.

               (iv)   The displays shall remain static for 90 minutes at a time, except as indicated in subdivision 11.g.(8)(e) of this section.

               (i)   Temporary signs in excess of eight square feet, but not greater than 32 square feet:

                  A.   Each residential property shall be allowed two such signs per year and each sign may be placed on the property for no more than 15 days.

                  B.   Each nonresidential property shall be allowed four such signs per year and each sign may be placed on the property for no more than 15 days.

                  C.   Not more than one sign may be placed on the property at a time.

               (ii)   Permanent signage for subdivisions with 20 lots or more.

                  A.   One monument sign per dedicated street entrance.

                  B.   The maximum size sign is 32 square feet in area and the structure size is limited to one-half of the allowed sign area.

                  C.   The maximum height is eight feet above grade.

                  D.   The sign may not be illuminated.

                  A.   The maximum size of the signs shall be 32 square feet each.

                  B.   The signs shall not be illuminated.

                  C.   The signs shall be removed when the construction of subdivision improvements has ended, the principal building is occupied, or when 80% of the residential lots are developed and sold, whichever occurs first.

               (v)   Nonprofit athletic associations under contract pursuant to § 902.06 for exclusive field use may display temporary sponsorship signs to be placed on certain ball field fences on public property, provided that:

                  A.   The nonprofit athletic association must execute an annual license agreement with the city setting forth the conditions of approval and the duration of the approval. The association shall pay the annual license fee as established by the City Council from time to time. The association shall have no vested right in obtaining licenses from season to season.

                  B.   Signs may be displayed only in a community park, as defined in the Shorewood Comprehensive Plan.

                  C.   Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties.

                  D.   All signs must be professionally made, using durable weather resistant material, and painted or factory coated dark green on the back side of the sign.

                  E.   Signs are limited in size to no larger than 42 inches in height and seven feet in length.

                  F.   There shall be a minimum spacing between signs of seven feet.

                  G.   The maximum number of signs per ballfield is 15.

                  H.   The nonprofit athletic association is responsible for maintaining the signs consistent with these requirements and in good repair. If a sign become detached, torn, or vandalized or was installed in violation of the above, the sign will be removed by the city.

                  I.   The nonprofit athletic association is responsible for any damage to the fence on which it is displayed that is caused by installation or display of the sign.

            (a)   Not more than two permanent signs, including wall and freestanding signs, may be displayed per property.

            (b)   Freestanding signs shall not exceed 40 square feet in area nor eight feet in height.

            (c)   Total area of signage shall be limited to a total surface area determined by taking 5% of the gross silhouette area of the front of the building, but not more than 100 square feet per property. Where the principal building is on a corner lot, thus faces two streets, both sides may be counted.

            (d)   Illuminated signs shall not be permitted in the R-C district, except that:

               (i)   Signs located at least 100 feet from a residential district boundary may be illuminated.

               (ii)   Signs located nearer than 100 feet to a residential district boundary may be illuminated, provided the sign is screened from view of residential properties.

               (iii)   In no case shall signs be illuminated between the hours of 9:00 p.m. and 7:00 a.m.

               (iv)   All illuminated signs must comply with the provisions of sudivision 2.i. of this section.

            (e)   One additional permanent sign, not to exceed three square feet in area and eight feet in height, may be installed per street access. Each sign must be located a minimum of five feet from front and side property lines.

            (f)   Additional temporary signs for new development.

               (i)   Each new residential subdivision with three or more lots or new nonresidential development shall be allowed two temporary signs that shall be installed at the entrance to the project.

               (ii)   The maximum size of the sign shall be 32 square feet each.

               (iii)   The sign shall not be illuminated.

               (iv)   The sign shall be removed when the proposed principal building is occupied or when 80% of the residential lots are developed and sold.

            (g)   Additional temporary signage. Two temporary signs in excess of eight square feet, but not greater than 32 square feet shall be allowed per year and each sign may be placed on the property for no more than 15 days. Not more than one sign may be placed on the property at a time.

         (3)   L-R lakeshore recreational district.

            (a)   Not more than two signs, one facing the lake and one facing the street, may be displayed per property.

            (b)   Signs shall not be illuminated.

            (c)   Signs shall not exceed 20 square feet in area each nor more than eight feet above grade.

            (d)   One permanent sign, not to exceed three square feet in area and eight feet in height, may be installed on the same property per public street access. Each sign must be located a minimum of five feet from front and side property lines.

            (e)   Additional signage. Two temporary signs in excess of eight square feet, but not greater than 32 square feet shall be allowed per year. Each sign may be placed on the property for no more than 15 days. Not more than one sign may be placed on the property at a time.

            (a)   The maximum area of all signs shall be no greater than 10% of the gross silhouette of the front of the principal building. Where the principal building is on a corner lot and thus faces two public streets, both sides may be counted.

            (b)   The maximum number of signs is three per property, of which one may be a freestanding sign over eight square feet in area.

            (c)   Freestanding signs shall not exceed 20 feet in height or 80 square feet in area. The total area of the sign structure shall not exceed one-half of the allowable copy area.

            (d)   Dynamic display.

               (i)   Freestanding signs only. Dynamic displays shall only be permitted on freestanding signs and shall not increase the amount of sign area.

               (ii)   Duration of image. A dynamic display may not change more often than once every ten minutes, except as indicated in subdivision 11g.(8)(e) of this section.

               (iii)   The portion of the sign with the dynamic display shall be located at the bottom of the sign face.

               (iv)   The dynamic display signs may occupy no more than 25% of the actual copy and graphic areas and the remainder of the sign may not have the capability to have dynamic signs even if they are not used.

               (v)   Only one contiguous dynamic display area is allowed on a sign face.

               (i)   Window signs. The total areas of window signs shall not exceed 10% of the total area of windows as viewed from the street. The area of any window sign with lettering over three and one-half inches in height shall be subtracted from the total number and area of signs allowed for the property.

               (ii)   Signs oriented to drive-through service lanes. Each drive-through service lane approved by conditional use permit shall be allowed a maximum of two additional freestanding signs not exceeding eight feet in height. The total area of the two signs shall not exceed 39 square feet, with no one sign allowed greater than 32 square feet. One of the two signs may include a digital order confirmation sign. Placards placed on the top or sides of the sign count towards the total area of the sign.

               (iii)   Multi-tenant buildings or shopping centers. A multi-tenant building or shopping center is permitted additional signage to the approval of a conditional use permit with an overall site and signage plan indicating the size, location and height of all signs. A maximum of 10% of the gross silhouette of each multi-tenant building with two or more business uses shall apply to the principal building where aggregate allowable sign area is distributed among the several businesses. A shopping center may also be allowed to have two freestanding signs identifying the shopping center.

               (iv)   One permanent sign, not to exceed three square feet in area and eight feet in height, may be installed per street access. Each sign must be located a minimum of five feet from property lines.

               (v)   Permanent signs not to exceed 12 square inches may be installed at or near parking spaces, not to exceed ten per property.

               (vi)   Temporary signs for new development. Each property shall be allowed two temporary signs that shall be installed at the entrance to the project.

                  A.   The maximum size of the signs shall be 32 square feet each.

                  B.   The signs shall not be illuminated.

                  C.   The signs shall be removed when the principal building is occupied.

               (vii)   Additional temporary event signs. Subject to approval of a permit, each property is allowed two temporary signs, banners, pennants, or similar devices, for up to 15 consecutive days. No more than one such sign, banner, pennant or similar device shall be used on the site at a time. A searchlight may be substituted for one such sign, banner, pennant or similar device, but may be used on the property for no more than 24 consecutive hours. Searchlights may not be used between the hours of 11:00 p.m. and 6:00 a.m.

         (1)   Any illegal non-conforming sign shall be removed from any property.

         (2)   Any legal non-conforming sign shall not be expanded but may be continued at the size and manner of operation existing on the date it became nonconforming. The property owner may maintain, repair or replace the sign (not including expansion or changes to the manner of operation) unless the sign is removed for a period of more than one year. Once the sign has been removed from the property for one year, any subsequent request for replacement shall be subject to the regulations in this subdivision.

         (3)   Any legal non-conforming sign may be returned to a safe condition when the sign is declared unsafe by the Building Official, unless the sign is destroyed by fire or other peril to the extent of 50% of its market value (as determined by the City Assessor) and no permit has been applied for within 180 days of when the sign is damaged.

         (4)   A legal nonconforming sign may not be changed to another nonconforming sign.

         (5)   Any nonconforming sign used as a principal use on a property must be removed prior to development of the site for any other use.

         (4)   Effect of permit. A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall however, be processed in accordance with the procedural requirements of the initial special home occupation permit, except that notice of a public hearing need not be published in the official city newspaper.