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HomeMy WebLinkAboutOrdinance - 11-2004 - Amending City Code Section 11.70 Relating To Sign Permits - 03/23/2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 11-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.70 RELATING TO SIGN PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. City Code Section 11.70,Subd.2 is amended by inserting the following two(2)new definitions in alphabetical order and renumbering the Definitions section accordingly: "Commercial Speech" - Speech relating to a business, profession, commodity, service or entertainment. "Non-Commercial Speech" - Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological,public service and informational topics. Section 2. City Code Section 11.70, Subd. 3, Subsection H shall be deleted in its entirety and replaced with the following: H. Notwithstanding any other provisions of this Section, all signs of any size containing Non-Commercial Speech may be posted from August 1 in any general election year until ten (10) days following the general election and thirteen(13)weeks prior to any special election until ten(10) days following the special election. Section 3. City Code Section 11.70,Subd. 3,Subsection AA shall be deleted in its entirety and replaced with the following: AA. Sign permits will not be issued for signs containing Commercial Speech which bear misleading or false information or any sign which includes information inconsistent with zoning and/or land use. Section 4. City Code Section 11.70, Subd. 3 is amended by adding Subsection II which shall read as follows: II. Notwithstanding anything to the contrary in this Section, signs containing Non-Commercial Speech are permitted in all Districts and are subject to only the following Subsections of 11.70,Subd.3: B,C,D,E,F,G,H,L,M,O,Q, V, W, X, Z, AA. Non-commercial signs are also subject to individual District setback provisions and total signage regulations as applicable to each particular sign type(i.e. Free-standing, Temporary,Wall). Section 5. City Code Section 11.70,Subd.5,Subsection D is amended by adding a new number 6 which shall read as follows: 6. Portable Signs containing Non-Commercial Speech. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 23rd day of March,2004,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 23rd day of March, 2004. Ka hleen Porta, City Clerk gncy00a-_1'A+ee_ns, r PUBLISHED in the Eden Prairie Sun Current on (� / , 2004. City of Eden Prairie (Official Publication) CITY OF EDEN PRAIRIE; HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.11-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.70 RELATING TO SIGN PERMITS;AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND _ SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. newspapers AFFIDAVIT OF PUBLICATION THE PRACITIRIE, COUN11IMSOCIL OF HPsCIT ORDAI OF NS: N PRAIRIE,MIIVNESOTA,ORDAINS: Section 1.City Code Section 11.70,Subd.2 is amended- 1 STATE OF MINNESOTA) by inserting the following two(2)new defini- tions in alphabetical order and renumbering ss. the Definitions section accordingly: "Commercial Speech"-Speech relating to a COUNTY OF HENNEPIN) t tertainmenfession,commodity,serviceoren- "Non-Commercial Speech"-Dissemination of Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief messages not classified as Commercial Speech which include,but are not limited to,messages Financial Officer of the newspaper known as Sun-Current and has concerning political,religious,social,ideologi- cal,public service and informational topics. full knowledge of the facts stated below: Section 2.City Code Section 11.70,Subd.3,Subsection (A)The newspaper has complied with all of the requirements constituting qualification as a H shall be deleted in its entirety and replaced with the following: I H. Notwithstanding any other provisions of qualified newspaper, as provided by Minn. Stat. §331 A.02, §331 A.07, and other applicable this Section,all signs of any size contain- laws,as amended. ing Non-Commercial Speech may be post- ed from August 1 in any general election year until ten(10)days following the gen- (B)The printed public notice that is attached was published in the newspaper once each week, eral election and thirteen(13)weeks prior to any special election until ten(10) days for one successive weeks; it was first published on Thursday, the 1 day of following the special election. April 2004, and was thereafter printed and published on every Thursday to and Section 3. City Code Section 11.70,Subd.3,Subsection AA shall be deleted in its entirety and replaced with the following: including Thursday,the day of ,2004;and printed below is a copy of the AA.Sign permits will not be issued for signs containing Commercial Speech which lower case alphabet from A to Z, both inclusive,which is hereby acknowledged as being the bear misleading or false information or any sign which includes information in- size and kind of type used in the composition and ication of the oti e: consistent with zoning and/or land use. abcderghijklmno rstuvw yz Section 4. City Code Section 11.70,Subd.3 is amended by adding Subsection II which shall read as I follows: BY: II. Notwithstanding anythingto the contrary CFO in this Section,signs containing Non- Commercial Speech are permitted in all Districts and are subject to only the fol- lowing Subsections of 11.70,Subd.3:B,C, D,E,F,G,H,L,M,O,Q,V,W,X,Z,AA. Subscribed and sworn or affirmed be ore me Non-commercial signs are also subject to individual District setback provisions and O his day of 2'04. total signage regulations as applicable to each particular sign type(i.e.Free-stand- ing,Tempotary,Wall). J Section 5. City Code Section 11.70,Subd.5,Subsection D is amended by adding a new number 6 Nota Public which shall read as follows: C o 6. Portable Signs containing Non-Commer- sa MERIDELM. HEDBLOM cial Speech. ir•,r NOTARY PUBLIC-MINNESOTA �'•'' MY COMMISSION EXPIRES 1-31.2005 Section 6.City Code Chapter 1 entitled"General Proyi- ' lions and Definitions Applicable to the Entire * City Code Including Penalty For Violation" RA I t IN l V ATION and Section 11.99 entitled"Violation a Misde- meanor"are hereby adopted in their entirety, by reference, as though repeated verbatim (1)Lowest classified rate paid by commercial users $ 2.85 per line herein. for comparable space Legals continued on next page (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged - $ 1.40 per line L E G A L 1 Section 7.This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Coun- cil of the City of Eden Prairie on the 23rd day of March, 2004,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the-.. 23rd day of March,2004. Nancy 91yra-Lukens,Mayor ATTEST. Kathleen Ports,City Clerk PUBLISHED in the Eden Prairie Sun Current on April 1, 2004. iApril 1,2004 044 1-2004 summary