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HomeMy WebLinkAboutOrdinance 864 ORDINANCE NO. 864 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1008 OF THE MOUNDS VIEW CITY CODE RELATING TO THE REGULATION OF DYNAMIC DISPLAY SIGNS SECTION 1. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1008, Section 1008.10, Subdivision 9 of the Mounds View Municipal Code by adding the underlined material and deleting the stFiGkee material as follows: Subd. 9. Dynamic Display Signs: a. FInrd;RgS: des o„Eh as 1 Dynamin Sinnage: Resew FGh Related to Drover dated I„ne 7 y of Minnetenka M!RReseta have shown there is � correlation between dyRam"G displays on signs and d istraGtien of motor vehiGle drivers. SUGh, the Gity of Meunds View adepts these standards and regulations to preteGt the v�1T , L YrtTil"T 1. , .-Y�TCTPC.-7.nVYVTTCf7P.sFE�—ITTG health, safety, welfare, imago and aesthetino of the City-. --b—The City allows noncommercial dynamic display signs wherever the City allows commercial dynamic display signs. Such signs are subject to the same standards and total maximum allowances per site or building of each sign type specified in this Chapter. b G. Standards for all dynamic display signs: (1) The images and messages displayed on the sign must be static, complete in themselves, without continuation in content to any other sign. The messages, content and images on all such displays shall not flash., or blink or move and shall not include any video images or content. (2) No person or contractor shall install a dynamic display sign that because of its position, shape, movement or color, interferes with the proper functioning of a traffic sign, signal or that constitutes a traffic hazard. (3) All dynamic display signs shall have ambient light monitors and shall, at all times, allow such monitors to automatically adjust the brightness level of the sign based on light conditions. (4) The manufacturers, owners and operators of dynamic display signs must design and equip such signs with a fully functional monitoring off switch system that automatically shuts the sign off or will freeze the device or sign in one (1) position; if a malfunction occurs. The signs and displays also must be equipped with a means to shut off or discontinue the display if it malfunctions. The sign owner or operator must stop or shut off the dynamic display within one (1) hour or as soon as reasonably possible of the City notification that the sign is not meeting the standards of this Section of Chapter. Ordinance 864 Page 2 (5) Any dynamic display sign capable of accessing and utilizing MN Amber Alert technology shall display such messages as they are made available by the MN Dept. of Public Safety or other responsible agency. x(54 All dynamic display signs shall meet the following brightness standards: (a) No sign shall be brighter than is necessary for clear and adequate visibility and no sign shall exceed 500 Nits (candelas per square meter) at night and 7,500 Nits (candelas per square meter) during the day. (b) No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight nor shall such a sign interfere with the driver's operation of a motor vehicle in any way or manner. (c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (d) The person owning or controlling a sign with a dynamic display shall adjust the sign to meet the brightness standards according to the City's instructions. The sign owner or operator shall adjust the sign within one (1) hour or as soon as reasonably possible upon notice of non-compliance from the City. (e) All dynamic display signs installed after December 31, 2008, shall be equipped and operated with an ambient light monitor or a mechanism that automatically adjusts the brightness level of the sign in response to light conditions. These signs also shall be equipped with a means to turn off immediately the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one(1) hour or as soon as reasonably possible after the City notifies the owner or operator that the sign is not meeting the standards of this Section or Chapter. (f) Subsequent to November 1, 2011, no dynamic display sign shall have the capacity to operate in excess of 7,500 Nits (candelas per square meter). The lamp wattage and luminance level in Nits (candelas per square meter) shall be provided at the time of permit application. Dynamic display sign permit applications must also include a certification from the owner or operator of the sign stating that the sign shall at all times be operated in accordance with City codes. L(11(f) In addition to the brightness standards required above, dynamic display signs shall meet the City's lighting requirements as listed in Section 1103.09 (Glare) of the City Code. c d. The City allows dynamic display signs on on-site freestanding or ground signs subject to Section Chepte 1008.10, subdivision 1 (Ground Signs) of the City Code, the above-mentioned standards for all dynamic display signs, and subject to the following additional conditions: Ordinance 864 Page 3 (1) The owners or opeFatGrs o SUGh signs shall nc)t use messages, Gontent nr im.+ivo� that flash or blink. (2) Th r messages on 6,,nh signs shall not include yidee �any,`r, , (3) Such signs may be located only in the Limited Business (B-2), Highway Business (B-3), Regional Business (B-4) or Commercial Planned Unit Developments (PUD's) zoning districts. 0(4) Such signs may be located on the sites of schools, churches, places of worship or other institutional land uses, subject to the following additional conditions: (a) City Council approval of a conditional use permit (CUP) as outlined in Section 1106.04 and Section 1125.01, subdivision 3 of the City Code. (b) Dynamic display signs in residentially zoned districts must utilize amber color lights. LcJ M Such signs shall not cause glare, disturbance or other problems to any residential properties or land uses. Qj(�) The owner or operator of a dynamic display sign shall control and display the primary or background images and messages on the sign so they maintain each display for a minimum of yen (10) four 4 seconds. The City allows images, messages or content on such signs that are static, with secondary or accessory animation or movement that floats in, out, or across the primary message or those that have soft transitions. f4l(6) The City allows dynamic displays as part of a permanent freestanding or ground sign, only if the dynamic display part of the sign comprises no more than fifty (50) square feet of the sign area or fifty percent (50%) of the total square footage of said sign face, whichever is less. LQ(7) Such signs may only display and advertise information about products, events, persons, institutions, activities, businesses, services, or subjects that are located on the premises or on the site or only to provide public service or community service information. n(8)Such signs must meet all other City location and setback requirements. Ordinance 864 Page 4 d e. The City allows off-site dynamic display signs subject to Section 1008.10, subdivision 6 (Billboards) of the City's Code, the above-mentioned standards for all dynamic display signs, and the following operational standards and additional conditions: (1) The images and messages displayed on the billboard must be static and each display must be maintained for a minimum of fifteen(15) eight 8 seconds. The transition from one (1) static display to another must be instantaneous and without any special effects or videos. (2) Only billboard faces located adjacent to Interstate 35W and more than 1,000 feet from any residentially zoned property in the City of Mounds View may be retrofit to a dynamic display, and only subsequent to a building permit issued by the City. One hundred percent (100%) of the sign face may be used for dynamic display. The ewner of the billboard shall applly to the City for and the City shall issue a permit to retrefit up to one hundred peFGent 0 dynamiG " , I , "' 11 a responsible person, appliGant or contraGtOF meets all the following rent irements• struGt ire per request-.. deposit,(b) The appliGaRt or sign owner a,,,- .­ting to the permanent removal of t (2) billboard sign suirfaGes or fa--- Mounds View within thirty (30) days after the Gity ssues the permit for eaGh dynamic display surfaGe. The required removals shall the GOMplete removal of the billboard StFUGtUre and foundation supper-ting each remov sign surfaGe or sign face. The appliGant must agree that the City may remove the s4n StFUGtUre and surfaGes if the appliGant does not do so, and the permit appliGation must SUffiGient to pay the G ity'S GeStS for that removal. The app"Gant also must agree that they letter Of GFedit or other form of finanGial seGurity aGGeptable to the City Atterne are removing the sign surfa has nn right to voluntarily,GeMpeRsatien from aRy governmental unit for the removed SigR sur-faGes Under any law and that the appliGant or owner has no right to rebuild or reIGGate the billboard-1, _M­_ in Mounds View. Replacement of an existing sign surfaGe of a billboard with a dynam;-G display sign does not nnnstiti ite a removal of a sign si irfgne (G) if the removed sign surfaGe is one that the state required a state permit, appliGant must surrender its permit to the state upen removal ef the sign surface. The sig-R that is the subjeGt of the dynamiG display sign permit cannot be turned on OF begiR te operate unto! the SigR GWRer or eperater provides proef to the City that the state permit has been surrendered. (d) The billboard remeval must be complete and inspeGted by the Gity before owner or operator turns on or puts into operatiOR the dynamiG display sign. (e) Public Safety. If City staff determines that a dynamic display sign is not being operated pursuant to this Chapter due to its location or display capabilities, City staff can require the sign owner or operator to ,meve, remove er modify the sign after the City notifies the property owner or operator about the operational issues. Ordinance 864 Page 5 (3) Mounds View intends the previsions of this Chapter and SeGtions about billboards to provide an inGentive option for the voluntary and unGompensated removal of off site SigRS an opportunity tO Gonselidate outdOOF advertising signs and seFvmGes that wGuld GtheRNi remain in Mounds View. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On October 24, 2011, the City Council adopted Ordinance 864 that amends Section 1008.10 of the Mounds View City Code to reduce the amount of time that messages must be maintained on dynamic display signs from ten seconds to four seconds for on-premises signs and from fifteen seconds to eight seconds for off-premises signs (billboards.) In addition, the ordinance introduced specific luminance standards and eliminated the provision which required two billboard faces to be removed for every one billboard face converted to a dynamic display, and restricted dynamic billboard faces to locations adjacent to 1-35W. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.ci.mounds-view.mn.us. SECTION 3. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on September 26, 2011. Second Reading and Adoption by the Mounds View City Council on October 24, 2011. Publication Date: November 3, 2011 P � Joe Flahe y, Mayor Attest: J Gvwl e James Ericson City Administrator (seal)