HomeMy Public PortalAbout421CITY OF MEDINA
ORDINANCE NO.421
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM
ON THE INSTALLATION, ERECTION, CONSTRUCTION, REPLACEMENT,
MODIFICATION OR IMPROVEMENT OF STATIC OR CHANGING
ELECTRONIC, DIGITAL, VIDEO, DISPLAY SIGNS OR BILLBOARDS AND
FLASHING, MOTION, ANIMATED, CHANGEABLE COPY
AND ILLUMINATED SIGNS AND OFF -PREMISE SIGNS IN ALL ZONING DISTRICTS
THE CITY OF MEDINA DOES ORDAIN:
Section 1. Background.
1.01. The city of Medina regulates signs in all zoning districts;
1.02. Section 815.03 of the city code defines certain signs as follows:
Subd. 3. Billboard is any structure or portion thereof on which lettered, figured or
pictorial matter is displayed for advertising purposes and having an area of one
hundred (100) square feet or more.
Subd. 5. Flashing Sign is an illuminated sign on which some illumination is not kept
stationary or constant in intensity.
Subd. 10. Motion Sign is a sign which revolves, rotates, or has any moving parts.
1.03. Section 815.01 of the city code states the purpose of the city's sign regulations is to
prohibit signs in all zoning districts of the city that are located, designed or maintained in a manner
which are likely to cause confusion or interfere with the safety of motorists, cyclists, pedestrians and
other users of public streets and rights of way and visibility of traffic signs, traffic control devices,
crossroads, driveways or crosswalks;
1.04. Section 815.05, subds. 3 (b), (c) and (d) of the city code prohibit billboards, flashing
signs and motion signs, respectively;
1.05. Representatives of the sign industry have issued press releases indicating their
intention to deploy digital billboard networks in the Twin Cities metropolitan area;
1.06. These digital billboards and signs fall within the city ordinance definitions for
billboards, flashing or motion signs;
1.07. Within Medina there exist several non -conforming billboards and other signs that
currently do not have electronic, digital, video, display signs, billboards or billboard network
displays;
1.08. The 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
Ordinance No. 421 1
February 20, 2007
Highway Administration (the "FHA") 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;
1.09. The city's sign ordinance presently allows off -premise signs. Such signs contribute
to urban clutter and can have other detrimental effects.
1.10. There is a need to conduct a study so that the city can consider possible amendments
to its sign ordinance and zoning regulations pertaining to electronic, digital, video display signs,
billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs
and to regulate off -premise signs;
1.11. There is a need for an interim ordinance to be adopted for the purpose of protecting
the planning process and the welfare of the citizens of the city until such a study has been
completed. There is a need to restrict certain signage until the study has been completed and any
modifications to the city's sign ordinance and zoning regulations are accomplished; and
1.12. Minnesota Statutes, section 462.355, subdivision 4, permits the adoption of interim
ordinances to protect the planning process.
Sec. 2. Findings.
2.01. The city council finds there is a need to conduct a study so that the city may consider
possible amendments to its sign ordinance and zoning regulations pertaining to electronic, digital,
video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy
and illuminated signs and to consider additional regulation of off -premise signs in all zoning
districts within the city.
2.02. The city council finds that there is a need to adopt a moratorium applicable to all
zoning districts within the city while the study referenced in section 2.01 of this ordinance is being
conducted.
Sec. 3. Planning Study; Moratorium.
3.01. The city staff are directed to undertake a study regarding electronic, digital, and
video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy
and illuminated signs and regarding the regulation of off -premises signs. The scope of the study
should include review of regional and national studies, local research, ordinances in other
jurisdictions, review of relevant studies and a legal analysis of applicable case law, sign display
operational literature, existing electronic signs and off -premise signs and other factual and
quantifiable information.
Ordinance No. 421
February 20, 2007
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3.02. A moratorium is hereby adopted on the installation, erection, or construction of any
new sign or the alteration, modification or replacement of any existing sign, so that the new or
existing sign (as altered or modified) uses static or changing electronic, digital, or video display or
flashing, motion, animated, or changeable copy. The moratorium also applies to the installation,
erection or construction of any off -premises sign. The moratorium applies in all zoning districts.
The moratorium does not apply to repair or replacement of either an existing legal sign or an
existing legal nonconforming sign that has been damaged by less than 50 percent of its market value
(using the replacement cost approach to value), as determined by the building official, provided that
the repair or replacement only restores the damaged sign to the same condition and method of
construction and operation that existed prior to the damage.
3.03. The moratorium is adopted pending completion of the study authorized by this
ordinance and the adoption of any amendments to the City's sign ordinance or zoning ordinance. No
sign construction, erection, installation or alteration shall be completed without a permit, and no
sign permit may be issued for any sign within the scope of this moratorium.
Sec. 4. Enforcement. The city may enforce this ordinance by mandamus, injunction or
other appropriate civil remedy in any court of competent jurisdiction.
Sec. 5. Term. Unless earlier repealed by the city council, the moratorium established under
this ordinance shall remain in effect until one year from the effective date of the ordinance. The
moratorium period may be extended for a reasonable time, in accordance with Minnesota Statutes
Section 462.355.
Sec. 6. Effective Date. This ordinance shall become effective upon its passage and
publication.
CITY OF MEDINA
/ t r n
Carolyn A. Sm f h, Acting Mayor
ATTEST:
4(„
Chad M. Adams, City Administrator -Clerk
Published in the Crow River News this 26`h day of February, 2007.
Ordinance No. 421
February 20, 2007
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