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Home My WebLink AboutOrdinance - 9-2007 - Interim Ordinance Prohibiting Any Sign Displaying Animation, Electronically Changing Images/Messages - 02/20/2007 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2007 AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, TEMPORARILY PROHIBITING THE INSTALLATION, CONSTRUCTION RECONSTRUCTION, EXPANSION, ERECTION, PLACEMENT, OR DISPLAY OF ANY SIGN DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES WITHIN THE CITY; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Purpose. The City of Eden Prairie ("City") 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 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. Signs with the capability of displaying messages in this manner have been constructed in neighboring municipalities. The City Council finds that the City's current sign regulations do not adequately control these type of signs,particularly in light of the constantly evolving technology, and that the City must conduct a study to determine what amendments to the City Code will be required to deal effectively with signs displaying animation or rapidly changing images or messages. This study will include research of ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study,potential ordinance amendments would be reviewed by the Planning Commission and City Council. The City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any permits required for installation, construction, reconstruction, expansion, erection, placement or display of signs displaying animation or rapidly changing images or messages during the pendency of the study and the various public hearings preceding possible adoption of new sign regulations. Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances, regulating physical development of the City. Section 3. Study. Pursuant to this Interim Ordinance and as authorized by separate Resolution, the City determines to conduct a study to a study to determine what amendments to the City Code will be required to deal effectively with signs displaying animation or electronically changing images or messages. This study will include research of ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law, and develop recommendations as to appropriate ordinance amendments, if any, that are required in the interest of the public safety and welfare. Section 4. Study Area. This Interim Ordinance shall apply to all property within the City as of the Effective Date of this Interim Ordinance. Section 5. Interim Ordinance. Pending the completion of the above-reference Study, and the adoption of appropriate official controls, for a period not to exceed one year as set forth in Minn. Stat. § 462.355, subd. 4, after the Effective Date of this Ordinance, there shall be no installation, construction, reconstruction, expansion, erection, placement or display of signs displaying animation or electronically changing images or messages. The City shall issue no building permits, or zoning or subdivision approvals, for any such property, for said time period as above noted, unless such was granted prior to the Effective Date of this Ordinance. Section 6. Exceptions. This moratorium shall not apply to any signs displaying animation or electronically changing images or messages that were approved by City staff or the City Council prior to the effective date of this Ordinance. Further this moratorium shall not apply to improvements necessary to correct violations of state law and city ordinances that have created a threat to public health and safety as determined by the city Section 7. Enforcement. The City may enforce this ordinance by mandamus, injunction or any other appropriate civil remedy. Section 8. Violation. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 1.03, entitled "Violation a Misdemeanor or Petty Misdemeanor" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 9. Effective Date. This Interim Ordinance shall become effective immediately upon its passage and publication according to law. 2 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of February, 2007. ATTEST: Kat een Pbrta, City Clerk Phil VGung, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9-2007 AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, TEMPORARILY PROHIBITING THE INSTALLATOIN, CONSTRUCTION RECONSTRUCTION, EXPANSION, ERECTION, PLACEMENT, OR DISPLAY OF ANY SIGN DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES WITHIN THE CITY; ADOAPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies. This ordinance ordains that for a period of twelve months from the Effective Date of this Interim Ordinance there shall be as of the Effective Date of this Ordinance no installation, construction, reconstruction, expansion, erection, placement or display of signs displaying animation or electronically changing images or messages. The City shall issue no building permits, or zoning or subdivision approvals, for any such property, for said time period as above noted, unless such was granted prior to the Effective Date of this Ordinance. Effective Date: This Ordinance shall take effect upon publication. ATTEST: 2 - - J V/) Kath en Porta, City Clerk P ung, Mayo PUBLISHED in the Eden Prairie Sun Current on 04gh l c; 00 -7 (A full copy of the text of this Ordinance is available from City Clerk.) City of Eden Prairie (Official Publication) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.9-2007 •:: •• +� AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,TEMPORARILY PROHIBITING THE INSTALLATOIN,CONSTRUCTION RECONSTRUC- TION,EXPANSION,ERECTION,PLACEMENT,OR DIS- PLAY OF ANY SIGN DISPLAYING ANIMATION OR AFFIDAVIT OF PUBLICATION ELECTRONICALLY CHANGING IMAGES OR RCE- rr /'iY r y/1 SAGES WITHIN THE'CITY;ADOAPTING ENFORCE- MENT PROVISIONS;AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, WHICH AMONG OTHER STATE OF MINNESOTA) THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, Ss. MINNESOTA,ORDAINS: Summary: Pursuant to Minn.Stat.§ 462.355,subd.4, COUNTY OF HENNEPIN) the City is authorized to adopt interim ordinances to reg- ulate,restrict,or prohibit any use or development in all or part of the City,for a period of one year(subject to ex- Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief ceptions as stated in Section 462.355),while the City is conducting studies. This ordinance ordains that for a pe- Financial Officer of the newspaper known as Sun Current ve Date of this Inter- mOrdinnaancceetherethstrorn"beasoftheEffectiveDateofthis Ordinance no installation, construction, reconstruction, and has full knowledge of the facts stated below: expansion, erection, placement or display of signs dis- playing animation or electronically changing images or A The newspaper has coin lied with all of the requirements constituting qualification messages. The City straw-issue no binding permits,or ( ) P q g q zoning or subdivision approvals,for any such property,for said time period as above noted,unless such was grant- as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other ed prior to the Effective.Date of this Ordinance. Effiidve Date: This Ordinance shall take effect upon applicable laws as amended. publication. Phil Young,Mayor (B)The printed public notice that is attached was published in the newspaper once each ATTEST: Kathleen Ports,City Clerk PUBLISHED in the Eden Pr&We Sun Current on March 1, week,for one successive week(s);it was first published on Thursday,the 1 day 2007. (� )of the text of this Ordinancs 18 available from of March 2007, and was thereafter printed and published on every Thursday (Mar. 1,2op7)d4ord9-2ooFsummary to and including Thursday, the day of , 2007; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as oeing the size and kind of type used in the cornposition and publica- tion of the notice: abcdefghgkhnnopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 1 day of March , 2007. t Notar ubli ----------------------------- MARY ANN CARLSON NOTARY PUBLIC—MINNESOTA MY COMMISSION EXPIRES i-w-09 loop RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line