HomeMy WebLinkAboutOrdinance - 10-2008 - Dynamic Display Code Amendment - Section 11.70 - 04/24/2008 DYNAMIC DISPLAY CODE AMENDMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 10-2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 11, SECTION 11.70, BY DEFINING "DYNAMIC
DISPLAYS," ADDING PROVISIONS APPLICABLE TO DYNAMIC DISPLAYS
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 Chapter 11, Section 11.70, Subdivision 2, Subsection 14,
defining "Motion Signs," is repealed in its entirety.
Section 2. City Code Chapter 11, Section 11.70, Subdivision 2 is amended by adding
the following definition which is to be inserted alphabetically and the
subsequent clauses renumbered consecutively:
"Dynamic Display" — A sign or characteristics of a sign that appear to have
movement or that appear to change, caused by any method other than
physically removing and replacing the sign or its components, whether the
apparent movement or change is in the display, the sign structure itself, or
any other component of the sign. This includes a display that incorporates a
technology or method allowing the sign face to change the image without
having to physically or mechanically replace the sign face or its
components. This also includes any rotating, revolving, moving, flashing,
blinking, or animated display and any display that incorporates rotating
panels, LED lights manipulated through digital input, "digital ink" or any
other method or technology that allows the sign face to present a series of
images or displays.
Section 3. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection C is
amended in its entirety as follows:
Dynamic Displays are prohibited in all districts, except as otherwise
expressly permitted in this Section 11.70.
Section 4. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection O,
prohibiting Motion Signs, is repealed in its entirety.
Section 5. City Code Chapter 11, Section 11.70 is amended by adding new
Subdivision 7 to state as follows:
Subd. 7. Dynamic Displays.
A. Findings. Studies show that there is a correlation between Dynamic
Displays on signs and the distraction of highway drivers. Distraction
can lead to traffic accidents. Drivers can be distracted not only by a
changing message, but also by knowing that the sign has a changing
message. Drivers may watch a sign waiting for the next change to
occur. Additionally, drivers are more distracted by special effects
used to change the message, such as fade-ins and fade-outs. Time
and temperature signs appear to be an exception to these concerns
because the messages are short, easily absorbed, and become
inaccurate without frequent changes.
Despite these public safety concerns, there is merit to allowing new
technologies to easily update messages. Except as prohibited by
state or federal law, sign owners should have the opportunity to use
these technologies with certain restrictions. The restrictions are
intended to minimize potential driver distraction and to minimize
proliferation in residential districts where signs can adversely impact
residential character.
The City finds that dynamic displays should be allowed on signs but
with significant controls to minimize their proliferation and their
potential threats to public safety.
B. Permitted Sign Type and Locations. Dynamic Displays are
permitted solely as Free-standing Signs and only in the Commercial
Regional (C-Reg), Commercial Regional Service (C-Reg-Ser),
Community Commercial (C-Com), Neighborhood Commercial (N-
Com) Office (OFC), Town Center (TC-C), Public (Pu), and
Industrial (I, I-2, I-5 & I-Gen) zoning districts.
C. Duration of Image. A Dynamic Display's image, or any portion
thereof, may not change more often than once every 20 minutes,
except one for which changes are necessary to correct hour-and-
minute, date, or temperature information. A display of time, date, or
temperature must remain for at least 20 minutes before changing to a
different display, but the time, date, or temperature information itself
may change no more often than once every three seconds.
D. Transition. If a Dynamic Display's image or any portion thereof
changes, the change sequence must instantaneous without any
special effects.
E. Prohibition on Video Display. No portion of a Dynamic Display
may change any part of its sign face by a method of display
characterized by motion or pictorial imagery, or depict action or a
special effect to imitate movement, or display pictorials or graphics
in a progression of frames that gives the illusion of motion of any
kind.
F. Prohibition on Fluctuating or Flashing Illumination. No portion of a
Dynamic Display image may fluctuate in light intensity or use
intermittent, strobe or moving light, or light that changes in intensity
in sudden transitory bursts, streams, zooms, twinkles, sparkles or in
any other manner that creates the illusion of movement.
G. Audio. Dynamic Displays shall not be equipped with audio
speakers.
H. Malfunctions. Dynamic Displays must be designed and equipped to
freeze the sign face in one position if a malfunction occurs.
Dynamic Displays must also be equipped with a means to
immediately discontinue the display if it malfunctions, and the sign
owner or operator must immediately turn off the display when
notified by the City that it is not complying with the standards of this
ordinance.
I. Brightness. All Dynamic Displays shall meet the following
brightness standards:
a. No Dynamic Display may exceed a maximum illumination of
5,000 nits (candelas per square meter) during daylight hours and
a maximum illumination of 500 nits (candelas per square meter)
between dusk to dawn as measured from the sign's face at
maximum brightness.
b. All Dynamic Displays having illumination by means other than
natural light must be equipped with a dimmer control or other
mechanism that automatically controls the sign's brightness to
comply with the requirements of this Section.
c. No Dynamic Display may be of such intensity or brilliance that
it interferes with the effectiveness of an official traffic sign,
device or signal.
d. The owner or controller of the Dynamic Display must adjust the
sign to meet these brightness standards in accordance with the
City's instructions. The adjustment must be made immediately
upon notice of non-compliance from the City.
e. A written certification from the sign manufacturer that light
intensity has been preset to conform to the brightness levels
established by code and that the preset level is protected from
end user manipulation by password protected software or other
method. This would offer the advantage of ensuring that
electronic signs at a minimum cannot exceed the standards.
J. Dynamic displays are allowed only on free standing signs
in the permitted districts. Dynamic displays may occupy no more
than 35%percent of the actual copy and graphic area. The remainder
of the sign must not have the capability to have dynamic displays
even if not used. Only one, contiguous dynamic display area is
allowed on a sign face.
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
15"' day of April, 2008, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 15t day of April, 2008.
911-7� � — Vj ) e-\
Kat een Porta, City Clerk Ph' oung, Mayor V V
k7
PUBLISHED in the Eden Prairie News on the -W day of ' 2008
DYNAMIC DISPLAY CODE AMENDMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 10-2008
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:
Summary: This ordinance allows amendments to city code chapter 11 relating to
signs with dynamic display.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/0/7,w X��- 4 n
Kat een Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie News on 7 a , 2008.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
)SS.
County of Hennepin )
Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
herein stated as follows:
(A) This newspaper has complied with the requirements constituting qualification as a legal
newspaper,as provided by Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as
amended.
(B)The printed public notice that is attached to this Affidavit and identified as No., 5/
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
CITY OF EDEN PRAIRIE the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
:HENNEPIN COUNTY, inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
MINNiESOTA and publication of the Notice:
DYNAMIC DISPLAY CODE
AMENDMENT abcdefghijkhmnopgrstuwwxyz
SUA04ARY OF ORDINANCENO. 10-2008
AN ORDINANCE OFTHE CITY
OF EDEN PRAIRIE;MINNESOTA,
AMENDING CITY CODE ) Laurie A.Hartmann
CHAPTER 11 BY AMENDING
SECTION 11.70 RELATING TO
SIGN PERMITS;AND ADOPTING
BY REFERENCE CITY CODE Subscribed and swom before me on
CHAPTER 1 AND SECTION 11.99
WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY iAC
PROVISIONS. this2008
day
THE CITY COUNCIL OF THE of ,
CITY OF EDEN PRAIRIE, GWEN M.RAOM
MINNESO'I A,ORDAINS: NOTARY PUBLIC-MMINESOTA
Summary: This ordinance , W
Mgr�fystpn EVhs�w 31,2010
allows amendments to city code y� Q/�
chapter 11 relating to signs with /l CMG G s L
dynamic display. Notary F Not Public
ective te:This Ordinance
shall take effect upon publication.
Phil Young.Mayor
Attests Kathleen Porta,City Clerk
(A full copy of the.text of this
Ordinance is available from City
clerk') RATE INFORMATION
(Published itt the Eden Prairie News
on Thursday, April 24, 2008; No. Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch
3400) Maximum rate allowed by law for the above matter................................$40.00 per column inch
Rate actually charged for the above matter...............................................$12.19 per column inch