HomeMy WebLinkAboutOrdinance - 17-2005 - Amending City Code Chapters 2 & 11 Related to Non-Conforming Uses & Signs - 09/06/2005 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 17- 2005
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 2 RELATING TO THE BOARD OF ADJUSTMENTS AND
APPEALS; CHAPTER 11, SECTION 11.02, 42 DEFINING NON-CONFORMING USE
AND ADDING 11.02, 68 DEFINING "PLACES OF WORSHIP; SECTION 11.03, 11.06,
11.35 AND 11.70 CHANGING ALL REFERENCES TO THE WORD "CHURCHES" TO
"PLACES OF WORSHIP"; SECTION 11.75 RELATING TO NON-CONFORMING
USES; SECTION 11.70 RELATING TO SIGN PERMITS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99 AND 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 2.26 is amended by amending the first sentence of Subd. 2.
following its caption to read as follows:
The Board shall hear and decide matters relating to City Code Chapters 11
(Zoning) and 12 (Subdivision Regulations [Platting] ) and other matters specified
in this Section and as otherwise provided by the City Code and building and fire
codes ("Building and Fire Codes").
Section 2. City Code Section 2.26, Subd. 2. B. is amended to read as follows:
Special Procedures applicable to Appeals and Requests for Variances
relating to Signs and other Requests for Variances Related to Zoning. In
Cases of (a) appeals and requests for variances relating to signs and (b) other
requests for variances related to zoning, the following procedures and rules to the
extent they may be inconsistent with City Code Section 2.26 Subd. 2. A., 2. and 3.
shall apply:
1. The Board shall approve or deny the appeal or request within sixty (60)
days of the filing by the appellant or the requester of a complete
application with the City ("60-day period"). If the appeal or request is
denied by the Board, it shall state in writing the reasons for the denial at
the time it denies the appeal or request. The decision of the Board shall
become final upon the earlier of(a) 15 days after the decision or (b) the
end of the 60-day period.
2. The Council may elect to review the decision of the Board. The election
must be made (a) within 15 days after the decision of the Board and (b)
prior to the end of the 60-day period. If the Council elects to review the
decision of the Board, the review by the Council shall be completed within
the 60-day period. If the Council denies the appeal, request or variance, it
shall state in writing the reasons for the denial at the time it denies the
request.
3. The appellant or requestor may appeal a decision of the Board to the
Council within ten (10) days after the decision by the Board. The Council
shall complete its review of an appeal of a decision of the Board and
approve or deny the appeal, request or variance within the 60-day period.
If the Council denies the variance it shall state in writing the reasons for
the denial at the time of the denial.
4. The 60-day period may be extended before the end of the period by
providing written notice of the extension to the appellant or requester. The
notification must state the reasons for the extension and its anticipated
length, which may not exceed sixty (60) days unless approved by the
appellant or requester. The 60-day period may also be extended as
provided by Minn. Stat. § 15.99.
Section 3. City Code Section 11.02, 42. is amended to read as follows:
42. "Non-Conforming Use" - A non-conforming use is the lawful use or
occupation of land or premises existing at the time of the adoption of a
provision of the City Code which, upon the adoption of the provision, the
use or occupation of the land or premises is not in conformity.
Section 4. City Code Section 11.02 is amended by adding subpart 68 as follows:
68. "Places of Worship"—a tax exempt institution that people regularly attend
to participate in or hold religious services meetings, and other activities related to
religious ceremonies.
Section 5: City Code Section 11.03, Subd. 3. H.4.g. shall be amended by substituting for the
word"Churches,"the words "Places of Worship".
Section 6- City Code Section 11.06, Subd. 5. D.and Subd. 6.2. shall be amended by
substituting for the word "Churches,"the words "Places of Worship".
Section 7. City Code Section 11.35, Subd. 2. C. shall be amended by substituting for the
word"Churches,"the words "Places of Worship".
Section 8. City Code Section 11.70 shall be amended as follows: There shall be substituted
for the word "Churches," the words "Places of Worship" where it appears in the
following:
Subd. 2., 7.; Subd. 3. T.; Subd. 4. F. 3.; and Subd. 41.6
Section 9. City Code Section 11.70, Subd. 2., 43. is amended to read as follows:
43. "Commercial Speech" - Speech or graphics advertising a business,
profession, commodity, service or entertainment.
Sectionl0. City Code Section 11.70, Subd. 3. C is amended to read as follows:
"No illuminated sign which changes in either color or intensity of light, flashes,
scrolls, or is animated shall be permitted."
Section 11. City Code Section 11.70, Subd. 3., D. is amended to read as follows:
D. No sign other than those directing vehicle or pedestrian movements or
pertaining to traffic control or safety shall be erected or temporarily placed
within any street right-of-way or upon any public easement.
Section 12. City Code Section 11.70 Subd. 3. G. is amended to read as follows:
"Air inflated devices,banners, pennants and whirling devices, or any such sign
resembling the same, are prohibited from use within the City."
Section 13. City Code Section 11.70, Subd. 3., L. is amended to read as follows:
L. Up to three flags containing Non-Commercial Speech only may be
displayed upon a lot. Each flag may not exceed one hundred (100) square
feet in size. Flag pole height must comply with height regulations
contained in Section 11.03, Subd. 3. F. of the City Code.
Section 14. City Code Section 11.70, Subd. 3., II. is amended to 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 Section 11.70, Subd. 3: B, C, D, E, F,
G, H, L, M, O, Q, V, W, X, Z and AA. Non-commercial signs are also
subject to individual District setback and height regulations. The owner of
any sign which is otherwise allowed by this Code may substitute non-
commercial copy in lieu of any other commercial or non-commercial
copy. This substitution of copy may be made without any additional
approval or permitting. The purpose of this provision is to prevent any
inadvertent favoring of commercial speech over non-commercial speech,
or favoring of any particular non-commercial message over any other non-
commercial message. This provision prevails over any more specific
provision to the contrary.
Section 15. City Code Section 11.70, Subd. 4. B. 4 is deleted.
Section 16. City Code Section 11.70, Subd. 4. B. 7 is amended by adding to the end thereof
the following sentence:
"Except as otherwise provided in Subd. 3, other temporary signs may occupy the
remainder of the area allowed but not utilized for a permanent sign, provided that
the total area for any temporary sign shall never exceed fifty square feet."
Section 17. City Code Section 11.70, Subd. 4. F. 5 is amended by deleting the words "special
event" in the first line.
Section 18. City Code Section 11.70, Subd. 5. A. is amended to read as follows:
Permits. Except as provided in Subparagraph D below, the owner or occupant of
the premises on which a sign is to be displayed, or the owner or installer of such
sign, shall file application with the City for permission to display such sign.
Permits must be acquired for all existing, new, relocated, modified or redesigned
signs except those specifically excepted below. The applicant shall submit with
the application, a complete description of the sign and a sketch showing its size,
location, manner of construction and such other information as shall be necessary
to inform the Building Official of the kind, size, material, construction and
location of the sign. The applicant shall also submit at the time of application, the
application fee required under Subparagraph B below. The City Manager or the
City Manager's designee shall approve or deny the sign permit no more than 30
days from the receipt of the complete application, including applicable fee. If a
sign authorized by permit has not been installed within three months after the date
of issuance of said permit, the permit shall become null and void.
Section 19. City Code Section 11.70, Subd. 5. B. is amended to read as follows:
Fees. An application or request for an amendment of this Section or for a permit,
variance or other approval relating to this Section shall be set by the Council
by ordinance.
Section 20. City Code Section 11.70, Subd. 5. D is amended by adding Section 11.70 Subd. 5.
D. 7 as follows:
"Signs six (6) square feet or less in size."
Section 21. City Code Section 11.70, Subd. 5. D. 2. is amended to read as follows: Signs,
erected by a governmental unit or public school district.."
Section 22. City Code Section 11.70, Subd. 5. D. 3. is amended to read as follows:
"Temporary signs as listed in Subdivision 3, Subparagraph H, I, J, K and Y."
Section 23. City Code Section 11.70, Subd. 5. E. 3. is amended to read as follows:
3. Appeals and Variances. A permit applicant or permit holder may appeal
any order or determination made by the Chief Building Official or a
deputy pursuant to this Section by filing a written appeal with the City
Clerk within ten (10) days of the mailing of notice of the order or
determination to the applicant or holder. A notice of appeal shall be in
writing and must be personally served upon the City Clerk or deputy
within the time provided. A permit applicant or permit holder may also
request a hearing for a variance from the literal terms of this Section
before the Board of Appeals and Adjustments by filing a form provided by
the City and paying the prescribed fees to the City Clerk. Request for
variances from the literal provisions of this Section shall only be granted
in accordance with City Code Section 2.26.
Section 24. City Code Section 11.70, Subd. 5,E. 4 is amended to read as follows:
With respect to signs distributed or posted by a person, committee, or
organization except pursuant to a lease or license with the property owner, the
written notice of violation required by Subd. S.E. herein may be given to the
person, committee or organization who prepares, disseminates, issues,posts,
installs or owns the sign, or the persons, committee or organization who causes
the preparation, dissemination, issuance,posting, or installation of the sign, or the
owner or occupant of the premises on which such sign is displayed. If such
person, committee, organization, owner or occupant fails to remove or alter the
sign so as to comply with the provision set forth in this Section within 3 days
following receipt of said notice, then such failure is deemed unlawful and such
persons, committee, organization, owner, or occupant shall be subject to the same
liabilities and penalties as are permittees and owners under Subd. S.E. 1. and 2.
Section 25. City Code Section 11.70, Subd. 6. is repealed in its entirety.
Section 26. City Code Section 11.75 is amended to read as follows:
SECTION 11.75 NON-CONFORMING USES
Subd. 1. Non-conforming uses may be continued, including through repair,
replacement, restoration, maintenance or improvement, but not including
expansion, unless
(a) a non-conforming use is discontinued for a period of more than
one year; or
(b) the non-conforming use is destroyed by fire or other peril to the
extent that greater than fifty percent of its market value, and no
building permit has been applied for within 180 days of when the
property is damaged. In the event a building permit has been
applied for within the 180 days, the City may impose reasonable
conditions upon the building permit in order to mitigate any newly
created impact on adjacent property.
Section 27. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
Entire City Code including Penalty for Violation" and Sections 2.99 and 11.99, entitled
"Violation a Misdemeanor" are herby adopted in their entirety, by reference, as though repeated
verbatim herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th
day of September, 2005 and finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the 6th day of September, 2005.
Kathle n Porta, City Clerk an a- ens r
PUBLISHED in the Eden Prairie Sun Current on ' 2005.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 17-2005
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 2 RELATING TO THE BOARD OF ADJUSTMENTS AND
APPEALS; CHAPTER 11, SECTION 11.02, 42 DEFINING NON-CONFORMING USE
AND ADDING 11.02, 68 DEFINING "PLACES OF WORSHIP; SECTION 11.03, 11.06,
11.35 AND 11.70 CHANGING ALL REFERENCES TO THE WORD "CHURCHES" TO
"PLACES OF WORSHIP"; SECTION 11.75 RELATING TO NON-CONFORMING
USES; SECTION 11.70 RELATING TO SIGN PERMITS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99 AND 11.99, WHICH
AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summaa: The ordinance amends the Chapter 2 with respect to procedures of the Board of
Adjustments; and Chapter 11 (zoning)with respect to non-conforming uses and signs.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Ka hleen Porta, City Clerk anc a- ns, ayor
PUBLISHED in the Eden Prairie Sun Current on �`o . ads.
(A full copy of the text of this Ordinance is available from City Clerk.)
v �
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Current and
has full knowledge of the facts stated below:
(A)The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper,as provided by Minn.Stat.§331A.02,§331A.07,and other applic-
able laws,as amended.
(B)The printed public notice that is attached was published in the newspaper once each
week,for one successive week(s);it was first published on Thursday,the 15 day
of September ,2005, and was thereafter printed and published on every Thursday
to and including Thursday,the day of ,2005;and printed below is
a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abod efgh ij kl mnopgrstuvwxyz
BY:
CFO
City of Eden Prairie
Subscribed and sworn to or affirmed before me CITY(Official EDENf�PRAIRIE
HENNEPIN COUNTY,MINNESOTA
on this 15 day of September ,2005. SUMMARY OF ORDINANCE 17-2005
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,
MINNESOTA AMENDING,CITY CODE CHAPTER.2 RE-
90'.�_4 LATING TO THE BOARD OF ADJUSTMENTS AND AP-
PEALS;CHAPTER 11,SECTION 11.02,42 DEFINING
NON-CONFORMING USE AND ADDING 11.02, 68
DEFINING",PLACES OF.WORSHIP;SECTION 11.03
Notary PU W 1C-1N.C6S 1.35 AND ii 70 HANGING ALL REFER-
`�#�RCHES"TO"PLACES OF
fee WORSHIP";SECTION'11,7.6 RELATMKi.TO NON-CON-
FORMING USES;SECTION 11.70 RELATING TO SIGI(i
MARY ANN CARLSON PERMITS; AND ADOPTING BY REFERENCE CI -,r
CdQID CHAR, R 1 A SECTI S 2. AND 11.99,
NOTARY PUBLIC—MINNESOTA VVpp
MY COMMISSION EXPIRES 1-31-00 A } r , N PENALTY
THE CITY COUNCIL OF THE CITY Q1?EQEN PRAIRIE,
MINNESOTA,ORDAINS:
RATE INFORMATION Summary The prdinance amend€the Chapter 2 wit T,4
spect to procedures of the$oard pf Adjustments;and
Chapter tlw(zorning)with rasrW`16,txn-conforming uses
(1)Lowest classified rate paid by commercial users $ 2.85 per line and signs.
for Comparable space Effective Dater This Ordinance shall take effect upon pub-
lication.
(2)Maximum rate allowed by law $ 6.20 per line Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Ports,City Clerk,
3)Rate actually charged $ 1.30 ep r line PUBLISHED in the Eden PrahjO,Su7t 4irrenion Septem-
ber 15,2005.
(A full copy of the'text of this Ordinance is available from
City Clerk.)
(Sept 15,2005)d4/(?rdingq�atS}ulrpary,17-2005