The URL can be used to link to this page

Home My WebLink About2007-001 Council OrdinancesYu(o Ii (n ccs. �'Zo (07 -4.4-/tai ` 120 1D7 614 Kecid,�� : 9.12(0 10'7 wvn ieitcz,ci ? : yes ?est. U?- 45 - Council Member Carlson moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 01-07 AN ORDINANCE ESTABLISHING A ONE YEAR MORATORIUM ON THE INSTALLATION, ERECTION, CONSTRUCTION, REPLACEMENT, MODIFICATION OR IMPROVEMENT OF STATIC OR CHANGING ELECTRONIC, DIGITAL, VIDEO, DISPLAY SIGNS OR BILLBOARDS AND FLASHING, MOTION, ANIMATED, AND CHANGEABLE COPY SIGNS IN ALL ZONING DISTRICTS The City Council of Lino Lakes ordains: Section 1. Findings 1. The City of Lino Lakes regulates signs in all zoning districts. 2. Section II of Ordinance No. 05-05, the Lino Lakes Sign Ordinance defines "flashing sign" as an illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. 3. Section II of Ordinance No. 05-05 states that there shall be no use of revolving beacons, flashing signs, zip flashers or similar lighted devices. 4. Representatives of the sign industry have issued press releases indicating the intention to deploy digital billboard networks in the Twin Cities of Minneapolis and St. Paul and their surrounding ring suburbs. 5. These digital billboards fall within the City ordinance definitions for flashing signs. 6. The City of Lino Lakes has several existing billboards and pylon signs along major public roadways within its corporate boundaries that currently do not have electronic, digital, video, display signs, billboards and billboard network displays. 7. The City of Lino Lakes regulates signs and displays on signs in order to reduce potential traffic safety hazards and visual blight. A major study on electronic signs prepared by the Federal Highway Administration (FHA) found that "motion or the illusion of motion of lights or other display features", including animation, has "the greatest potential for motorist distraction as well as a dominant visual impact on the aesthetic environment". (FHA Report, Part VI, Section L.) The FHA study also found that control of the message interval and message cycle as well as appearance of flashing must be regulated to prevent contributing to traffic hazards. (FHA Report, Part VI, Sections G -J.) Signs, including changing image signs, that display graphics that are animated, or portray motion, or display rapidly moving messages may contribute to traffic safety hazards and /or have adverse aesthetic impacts on the visual environment; 8. There is a need to conduct a study so that the City of Lino Lakes can consider possible amendments to its sign ordinance and zoning regulations pertaining to electronic, digital, video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs; 9. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the welfare of the citizens of the City until such a study has been completed. There is a need to restrict certain signage until the study has been completed and any modifications to the City's sign ordinance and zoning regulations are accomplished; 10. Minnesota Statutes, section 462.355, subdivision 4, permits the adoption of interim zoning ordinances during the planning process. Sec. 2. Planning Study; Moratorium. 1. The City of Lino Lakes Staff are directed to undertake a study regarding electronic, digital, and video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs. The scope of the study should include review of regional and national studies, local research, ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law, sign display operational literature, existing electronic signs and other factual and quantifiable information. 2. Upon completion of the study, the matter is to be considered by the Planning & Zoning Board for its review and recommendation to the City Council. 3. A moratorium is hereby adopted on the installation, erection, or construction of any new sign or the alteration, modification or replacement of any existing sign, so that the new or existing sign (as altered or modified) uses static or changing electronic, digital, or video display or flashing, motion, animated, or changeable copy. The moratorium applies in all Zoning Districts. The moratorium does not apply to repair or replacement of either an existing legal sign or an existing legal nonconforming sign that has been damaged by less than 50 percent of its market value (using the replacement cost approach to value), as determined by the building official, provided that the repair or replacement only restores the damaged sign to the same condition and method of construction and operation that existed prior to the damage. This moratorium does not apply to a sign that has electronic, changeable display or changeable copy that is less than twenty square feet. Ordinance No. 01-07. page 2 4. The moratorium is adopted pending completion of the study authorized by this ordinance and the adoption of any amendments to the City's sign ordinance, Zoning Ordinance, or other applicable official control. No sign alteration shall be completed without a permit, and no sign permit may be issued for any sign within the scope of this moratorium. Sec. 3. Enforcement. The City may enforce this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Sec. 4. Term. Unless earlier repealed by the City Council, the moratorium established under this resolution shall remain in effect for one year after its effective date. The moratorium period may be extended for a reasonable time, in accordance with Minnesota Statutes Section 462.355. Sec. 5. Effective Date. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Attest: e Bartell, C. y C erk John BgApindempa ergeson, Mayor Adopted by the Lino Lakes City Council this 12th day of March , 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member 0' Donnell and upon a vote being taken thereon, the following voted in favor thereof: Carlson, O'Donnell, Reinert, Stoltz, Bergeson The following voted against same: none Ordinance No. 01-07, page 3 Whereupon said ordinance was declared duly passed and adopted. Ordinance No. 01-07, page 4 AGENDA ITEM 6 F i STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: March 12, 2007 TOPIC: Second Reading: Ordinance No. 01-07 Moratorium On Flashing, Changeable Signs ACTION: 3/5 BACKGROUND Changeable electronic billboards are being installed in various areas of the country and the Twin Cities. These billboards have large, digital, electronic screens that are programmed to change messages. Because the advertising industry is pushing for these signs, we should re-examine our sign ordinance. The ordinance establishes a moratorium on the installation of the signs to allow us to fully examine the issues. The first reading was approved on February 26. The moratorium ordinance is pretty comprehensive. No new electronic, changing signs would be allowed. While not all such signs will be deemed undesirable, we do not have the information to decide this yet, nor do we have the legal language that will differentiate the different types of signs. That's the purpose of the study. To try to exempt some types of signs from the moratorium without the legal research and language poses the danger of allowing loopholes for signs we definitely will want to prohibit. A question arose about illuminated signs. The study will consider illumination of signs in the context of the new technology, but the moratorium is not intended to prohibit all illumination of signs. To avoid confusion, the word "illumination" has been removed from the title of the ordinance. The clause establishing the moratorium (Section2, paragraph 3) does not include illumination. OPTIONS 1. Approve the second reading of Ordinance No. 01-07 adopting a moratorium on digital, changing signs. 2. Return to staff with direction. RECOMMENDATION Option 1