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HomeMy WebLinkAboutOrdinance - 78-13 - Regulating and Requirement of Permit for Signs - 03/21/1978 kes/jh 3/14/78 Sign Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 78-13 AN ORDINANCE AMENDING ORDINANCE NO. 261 REGULATING AND REQUIRING PERMITS FOR SIGNS AND IMPOSING A PENALTY The City Council of the City of Eden Prairie does ordain Section 1. Section 5 (e) of Ordinance No. 261 is hereby amended by substituting therefor the following: Section 5 (e) Violations and Fines. If the Building Official or his deputy shall find that any sign regulated by this ordinance is prohibited as to size, location, content, type, number, height or method of construction, or is unsafe, insecure, or a menace to the public, or if any sign has been con- f structed or erected without a permit first being granted to the installer of said sign, or to the owner of the property upon which said sign has been erected, or is improperly maintained, or is in violation of any other provisions of this ordinance, he shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this ordinance within 30 days following receipt of said notice, (1) . Such sign shall be deemed to be a nuisance, and may be abated by the City by proceedings taken under Minnesota Statutes , Chapter 429, and the cost of abatement, including administration expenses, may be levied as a special assessment against the property upon which the sign is located; and/or (2) Such permittee or owner may be prosecuted for violating this ordinance, and if convicted , shall be guilty of a misdemeanor, and subject to a fine of not exceeding $500, or imprisonment for a period of not exceeding 90 days. Each period of thirty days within which the sign is not removed or altered shall be deemed to constitute another violation of this ordinance and punishable as a misdemeanor hereunder. No additional licenses shall be granted to anyone in violation of the terms of this Ordinance, or to anyone responsible for the continuance of the Ordinance 78-13 page 2 violation until such violation is either corrected or satisfactory arrangements , in the opinion of the Building Inspector, have been made towards the correction of said violation. The inspector may also withhold building permits for any construction related to a sign maintained in violation of this ordinance. a. Pursuant to Minnesota Statues Annotated 160. 27, the Building Official , or his deputy, shall have the power to remove and destroy signs placed on street right-of-way with no such notice of violation required . (3 ) Appeals and Variances. A permit applicant or permit holder may appeal any order or determination made by the Building Official or his deputy pursuant to this ordinance or a permit applicant or permit holder may request a variance from the literal terms of this Ordinance by filing a notice of appeal or application for variance with the City Clerk requesting a hearing before the Board of Appeals and Adjustments created by Ordinance No. 135. The Board shall hear and decide appeals and applications for variances in the following cases: 3 (a) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the administrative officer in the enforcement of this ordinance. (b) Requests •For variances from the literal provisions of this ordinance shall be granted only in instances where their strict enforcement would cause unique hardship because of circumstances unique to the individual property or proposal under consideration. Section 2. Section 6. (b) of Ordinance No. 261 is hereby amended by substituting therefor the following: Section 6. (b) A lawful sign on the effective date of Ordinance No. 261 or of amendments thereto that do not conform to the provi- sions therein shall be regarded as a nonconforming sign. Such signs may be continued in use when properly and safely maintained for a period of six years from the date of enact- ment of Ordinance 261 or from the date of any amendment thereto which cause a sign to become nonconforming. At the end of the six years they shall be made to conform with the provisions of this ordinance or they shall be removed by ' the owner. Ordinance 78-13 page 3 FIRST READ at a regular meeting of the Council of the City of Eden Prairie the 21 day of March 1978 and finally read , adopted and ordered published at a regular meeting of the Council of said City on the 4 day of April 1978. olfgang renzel , Mayor ATTEST: 0 Fran City Clerk SEAL �. Published in the Eden Prairie News on the day of 1978. i 3 a I Affidavit of Publication ----�- ----- s1451[Official Pablitatiem) CITY OF EDEN PRAIRIE 1IENNEPIN COUNTY,MINNESOTA ORDINANCE NO.T5-12 AN ORDWANC>E AMENDING ORDINANCE NO. 241 REGULATING AND REQUIRING FERMrM FOR SIGNS AND IMPOSING A PENALTY The City Council of the City of Edee Prairie does ordain: ` Section 1.Section 5(e)of Ordinance No.EMI is hereby State of Minnesota amended by Subatltuting therefor the (allowing: Section 5 lei Violations and Fines. ) ss. If the Bulldlnj Official or his deputy shall find that County of Hennepin ) any sign regulated by this ordinance is prohibited as to sire,location,content,type,number,beight or method of construction,or in unsafe,inoecnuo,or a menace to the public,or U any sign has been constructed or erected without a permit first being granted to the installer of add sign,or to the owner of the property upon which 1�i ) i i a m M C G d r I'll being duly sworn,on oath says he is and daring odd sign has been erected,or V improoppeerrly maintained,or is in violation of any o r vWoas of this or. all the tune herein stated has been the publisher and printer of the newspaper known as Eden Prairie News and has furl the pro dinance,he Shan give written notice of Bath violation to knowledge of the facts herein stated as follows. (1 i Said newspaper is printed in the English language in newspaper format the owner or permittoe thereof. I}the permittee or and in column and sheet form egtuvalent in printed space to at least 900 square inches. (2 i Said newspaper is a weekly owner falls to remove er alter the sign so as to comply, and is distributed at least once a week.13 i Said news paper has 50%of its news culununs devoted to news of local interest with the owingprovisionsroc not forth in this ordinance withhn M to the community which it purports to serve and does not wholly duplicate any other publication and is not made up days(ouch sign shall of said noon, entirely of tents, late matter and advertisements.(41 Said newspaper is circulated in and near the municipality which (1).Such dgn shall be deemed to be s nuisance,ao�1 Y Pa P PaPe Pa Y may be abated by the City by proceedings taken under it purports to serve,has at least SW copies regularly delivered to paying subscribers,has an average of at least 75%of its Minnesota Statutes, Chapter 429, and the cost of total circulation currently paid or no more than three months to arrears and has entry as second-class matter in its local abatement,including administration expenses,may be post-office.(5 i Said newspaper purports to serve the City of Eden Prairie in the County of Hennepin and it has its known levied hi a the g) is located; and/or( the property' office of issue in the City of Eden Prairie in said county,established and open during its regular business hours for the upon which tM sign is located; and/or (2) Such permittee or owner may be prosecuted for gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said violating this ordinance,and it convicted,shall be guilty newspaper,persons in its employ and subject to his direction and control during all such regular business hours and at of a misdemeanor,and subject to a(last of not exceeding wfuch saiL newspaper is printed. i 6) Said newspaper files a copy of each issue immediately with the State Historical SW, 98 days E chp period of t for a period of oat h t exceeding I& moiety, (7(Said newspaper has comi lied with all the foregoing conditions for at least one year preceding the day or dates days.Each psrtod of thirty days within which the sign if: not removed or altered Shan be deemed to eonstftM- of publication mentioned below 18(Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, another violation of this ordinance and nonishablo as a 1976 and each January 1 thereafter an affidavit in the forni prescribed by the Secretary of State and signed by the misdemeanor hereunder.No sdditionall shall ba' managing officer of said newspaper and sworn to before a notary public sta:ing that the newspaper is a legal newspaper. Wanted to anyone to violation of the terms of this Or- dinance,or to anyone responsible for the continuance of He further states on oath that the rented legal the violation,until such violation Is elther corrected or P satlaf#nctory arrangemeats, In the opinion of the BuUddiiaae Inspector, have been made towards the hereto attached as a part correct fan of Said violation. The Inspector may also withhold building permits for any construction related hereof was cut from the columns of said newspaper, and was prmte-i and published therein in the English language, to a sign maintained In violation of this ordinance.a.Pursuant to Minnesota Statutes Annotated ISOM. once each week, for one successive weeks; that it was fast so published on Thu r5• the 25 the Building Official,or him deputy,&ball have the power May 73 to remove and'destroy signs placed on street rightot- day of 19 and was thereafter printed and published on every to way with no such notice of violation required. (3) Appeals and Variances. A permit applicant or including the day of 19 and that the following is a printed copy of the lower case alphabet permit holder may apped any order or detormination made by the Building pluvial or his deputy pursuant to from A to Z. both inclusive,and is hereby acknowledged as being the sue and kind of type used in the composition and this ordinance or a permit applicant or permit bolder may regeest a variance from the literal terms of this Ordinance by thing■notice of appeal or appUcatio n for publication of said notice,to wit. variance with the City Clerk requesting a bgrfng before the Board of Apppeal and Adjwtmeu created by Or- dinance No, LtS.The Board Shan boor and decide ap- peals and applications for variances in the following atx:defghi)klmnopgrstuvwxyz caws: (a)Appeals where it is alleged that there la an error In any order, requirement, decision or detai inatfon made by the administrative officer in the enforcement of this ordinance. (b)Requests for variances from the literal provisions of this ordinance Shall be granted only in Instances where their strict enforcement would cause unique Apw- hardship because of circumstances unique to the in- dividual property or proposal under consideration. Beetles 2.S ction 1.(b)of Ordinance No.261 is hereby Subscribed and sworn to before me this U ` of 1 T��^-' 19 ( p� amended by substituting therefor the following: Y Section a.(b) A lawful sign on the effective data of Ordinance No.=1 or of amendments thereto that do not conform to the provisions therein Shan be regarded an s nonconforming sign,Such signs may be continued in use r when properly and Safely maintalned for a period of six years from the date of enactment of Ordinance 261 or from the date of any amendment thereto which cause a sign to become nonconforming. At the end of the six years they Shall be made to conform with the provisions ,Notarial Seal i of this ordinance or they shad be removed by the owner. t L,i� FIRST READ at a regular meeting of the Council of Notary public, _ . County,Minne is the City of Eden Prairie the 21 day of March,157S and My Commission Expires `- yL `( 19 :A, finallyread,adopted and ordered published at a regular meetng of the Council of said City on the 4 day of April, 127e. LO7NELANONoUgaagPeasel,Mayer NOTARESOTAATTEST: SEAL C ?John Franc, Clty Clerk(Published in the Eden Prairie News on the 25 day of My Comm 29,1932 May, 1073)