HomeMy WebLinkAboutOrdinance 784ORDINANCE N0.784
• CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN EMERGENCY 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, CHANGEABLE COPY
AND ILLUMINATED SIGNS IN ALL ZONING DISTRICTS
THE CITY OF MOUNDS VIEW DOES ORDAIN:
Section 1. Background.
1.01. The City of Mounds View regulates signs in all zoning districts;
1.02. Section 1008.02 of the Mounds View City Code defines certain signs as follows:
ANIMATED SIGN: a sign that has any moving or rotating part; or uses movement
or change of lighting to depict action or create a special effect or scene;
• CHANGEABLE COPY SIGN: a sign or portion thereof with characters, letters or
illustrations that can be changed or rearranged electronically or manually without
altering the face or the surface of the sign. A sign on which the message changes
more than eight (8) times a day shall be considered an animated sign for the
purposes of this Section. That portion of the sign on which the only copy that
changes is an indication of the time and temperature shall be considered a public
informational sign. Portable or non-permanent changeable copy signs shall, for the
purposes Qf this Section, be considered temporary signs.
FLASHING SIGN: a sign or portion thereof whose illumination is characterized by
a repetitive cycle in which the period of illumination is either the same as or less
than the period of non-illumination. For the purposes of this Section, flashing will
not be defined as occurring if the cyclical period between on-off phases of
illumination exceeds four (4) seconds.
1.03. Section 1008.01 prohibits signs in all zoning districts of the City that are located,
designed or maintained in a manner which are likely to cause confusion or interfere with the safety
of motorists, cyclists, pedestrians and other users of public streets and rights of way and visibility of
traffic signs, traffic control devices, crossroads, driveways or crosswalks;
1.04. Section 1008.12, subdivision 1, of the Mounds View City Code prohibits flashing
signs, except those that provide public services information including time and temperature per
• Section 1008.02;
306301v1 SJRMU125-ll 1
1.05. 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;
1.06. These digital billboards have been observed by the Mounds View Zoning
Administrator, and the electronic, digital, video, display signs, billboards and billboard networks
were determined to fall within the City ordinance definitions for flashing, animated or changeable
copy signs;
1.07. The City of Mounds View 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;
1.08. The City of Mounds View 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;
• 1.09. There is a need to conduct a study so that the City of Mounds view 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;
1.10. 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; and
1.11. Minnesota Statutes, section 462.355, subdivision 4, permits the adoption of interim
zoning ordinances during the planning process.
Sec. 2. Findings.
2.01. The City Council finds there is a need to conduct a study so that the City of Mounds
View 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.
2.02. The City Council finds that there is a need to adopt a moratorium ordinance for all
• Zoning Districts within the City while the studies referenced in section 2.01 of-this ordinance are
being conducted.
306301v1 SJR MU125 -11 2
Sec. 3. Planning Study; Moratorium.
• 3.01. The City of Mounds View 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.
3.02. Upon completion of the study, the matter is to be considered by the Planning
Commission for its review and recommendation to the City Council.
3.03. 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.
3.04. 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 or Zoning Ordinance.
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. 4. Enforcement. The City may enforce this ordinance by mandamus, injunction or
other appropriate civil remedy in any court of competent jurisdiction.
Sec. 5. Term. Unless earlier repealed by the City Council, the moratorium established
under this ordinance shall remain in effect until February 11, 2008. The moratorium period may be
extended for a reasonable time, in accordance with Minnesota Statutes Section 462.355.
Sec. 6. Effective Date. This emergency ordinance is effective immediately upon adoption,
as provided by Section 3.06 of the Mounds View City Charter.
Rob arty, Mayor
/~~-~
ATTEST: L-~`/r
.>
Kurt Ulrich
City Clerk-Administrator
(seal)
306301v1 SJR MU125-11
•
C.
State ofr Mirn~a~sota SS
Cournty o4' I$acrns~y
JESSICA ITALIANO
being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as NF,W BRTCTHTnN RI TLT,F,TIN ,and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE SUMMARY
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WEDNESDAY ,the NTH day of
MARCH 20 07 ,and was thereafter printed and published on every to and
including ,the day of , 20 ;and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
'ABCDEFGHIJKLMNOPORSTUVW XYZ
*ABCDEFGHIJKLMNOPORSTUVWXYZ
'abcdefg hij klmnopq rstuvwxyz
Subscribed and sworn to before me on
TH
th~ 7 day of MARCH 20 07
BY
Notary Public
*Alphabet should be in the same size and kind of type as the notice.
'°T~~tlti~ T®NYA R.ONHdTEFiEAD
~., ..
` Notary Public-Minnesota RATE INFORMATION
,. ; ~ My Commission Expires Jan 31, 2010
(1) Lowest classified rate paid by
commercial users for comparable space ......................................
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter ................
1 /07
$24.00 per col. inch
.$23.25 per col. inch
.$ per col. inch
ORDINANCE SUMMARY
E~IIIERGENCY ORDINANCE
N0.784
CIT1hOF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
"AN EMERGENCY ORDINANCE
ESTABLISHING A ONE YEAR
MORATORIUM ON THE
INSTALLATION, ERECTION,
CONSTRUCTK)N,REPLACEMENT,
MODIFlCATK)N OR IMPROVEMENT
OF STATIC OR CHANGING
ELECTRONIC, DK3RAL, VIDEO,
DISPLAY SIGNS OR BILLBOARDS
AND FLA8HING, MOTION,
ANIMAT€D, CHANQEABLE COPY
AND H,LUMINATED SIGNS IN ALL
ZONING DISTRICTS"
On February 12, 2007, the Mounds
mew City Council adopted an emergency
ordinance to provide for a one year time
frame to review and possibly amend the
City Code pertaining to electronic,
flashing, animated or other changeable
copy signs in the City during which time
no new such signs shall be permitted.
The ordinance, along with the full text of
the City's Sign Code, are on flle .and
available for public viewing at the office of
the Clerk Administrator. The emergency
ordinance is posted in its entirety on the
City's website, located at:
www.ci.mounds-view.mn.~ls/ords/784.odf
Kurt Uhich,
City Clerk-Administrator
(Bulletin: Mar. 7,2007) ,
•