HomeMy Public PortalAbout613 Ordinance - an Interim Ordinance Regarding LED Lighting; Establishing a Moratorium; and Directing a Study of Official Controls Related TheretoCITY OF MEDINA
ORDINANCE NO.613
AN INTERIM ORDINANCE REGARDING UNSHIELDED LIGHT EMITTING DIODE
(LED) LIGHTING; ESTABLISHING A MORATORIUM;
AND DIRECTING A STUDY OF OFFICIAL CONTROLS RELATED THERETO
The city council of the city of Medina ordains as follows:
Section 1. Background.
1.01. The city of Medina (the "City") has adopted a comprehensive plan and official
controls to regulate the development of land within the community, all in accordance with
Minnesota Statutes, sections 462.351 et seq. and 473.851 et seq.
1.02. The City has adopted a zoning ordinance, including lighting regulations and sign
regulations, and other official controls to implement the comprehensive plan.
1.03. The City has established standards and procedures for regulating the uses of
buildings, structures, and land to promote the public health, safety, morals, and general welfare
1.04. The City has determined that its current lighting ordinance may be inadequate to
address the potential public health and safety concerns of outdoor light emitting diode (LED)
lighting, particularly outdoor LED lighting which is not constructed in such a manner that 95%
or more of all light emitted is projected below the horizontal (hereinafter "Unshielded LED
lighting"). Potential public health and safety concerns include potential distracting glare onto
public streets and obtrusive and unhealthy light trespass onto property adjacent to Unshielded
LED lighting and even into nearby structures.
1.05. The City desires to prevent premature installation and operation of new
Unshielded LED lighting until it has an opportunity to fully evaluate and revise its zoning
ordinance and other official controls to better regulate such uses.
1.06. Minnesota Statutes, section 462.355, subd. 4 allows the City to adopt an interim
ordinance to regulate, restrict, or prohibit any use or development when it recognizes the need to
conduct a study to consider modifications to its official controls for the purpose of protecting the
planning process and the health, safety and welfare of the citizens.
Section 2. Findings.
2.01. The city council finds that the nature of LED lighting is different from previous
types of lighting technology and likely will necessitate the application of alternative means to
Ordinance No. 613
June 6, 2017
model and measure brightness, glare and light trespass from those which have previously been
utilized to promote the public health, safety, and general welfare.
2.02. The City's planner has prepared a report which summarizes the ways in which the
City's current zoning ordinance and other official controls may not adequately allow for review
and regulation of proposed Unshielded LED lighting or the inspection thereof for glare and light
trespass. This report describes difficulties experienced by permit applicants in providing
specifications which show that proposed outdoor LED lighting meets relevant City requirements.
This report is hereby incorporated herein by reference. The city council finds it necessary to
have an opportunity to review fully and amend its official controls as they relate to this lighting
to remedy those deficiencies.
2.03. The city council finds that the adoption of an interim ordinance applicable to
Unshielded LED lighting is essential to give it the opportunity to review, adopt and modify its
official controls to preserve the planning process and to protect the health, safety and welfare of
the citizens of the community.
Section 3. Study of Official Controls; Moratorium.
3.01. The City hereby authorizes a study to determine how the City's official controls
regarding LED lighting need to be modified or supplemented in order to prevent such lighting
from having an adverse effect on adjacent streets and nearby lands and to protect the public
health, safety and welfare. The study will be conducted by city staff and consultants.
3.02. Pending completion of the study and the adoption of new or amended official
controls, a moratorium is hereby established on the acceptance, review, processing or approval of
applications for the installation, construction, or expansion of outdoor LED lighting, except as
exempted by subsection 3.03 below. The moratorium shall apply to all land within the city. No
new applications for outdoor LED lighting within any zoning district or for the expansion any
such system shall be accepted after the effective date of this ordinance. All such applications
which have been received prior to the effective date of this ordinance shall be given no further
review and shall be withdrawn by the applicant or shall be acted upon by the City in light of the
moratorium.
3.03. The moratorium shall not apply to Fully Shielded LED light fixtures as defined in
the lighting ordinance such as parking lot lighting which shall remain regulated by current light
regulations. The moratorium shall not apply to Dynamic Displays as defined and regulated by
the City's sign ordinance. The moratorium shall not apply to internally illuminated Signs,
provided that LED lighting fixtures shall only be permitted to internally illuminate text, symbols,
and logos and shall not be permitted as banding, accent or similar lighting and provided that the
applicant can demonstrate that the lighting for such Sign meets current sign and lighting
regulations.
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June 6, 2017
Section 4. Duration.
This ordinance shall remain in effect for one year after its adoption and publication,
unless amended to repeal the moratorium earlier than such time.
Section 5. Enforcement.
The City may enforce this ordinance by mandamus, injunction or other appropriate civil
remedy in any court of competent jurisdiction.
Section 6. Separability.
Every section, provision and part of this ordinance is declared separable from every other
section, provision and part thereof. If any section, provision or part of this ordinance is held to
be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other
section, provision or part of this ordinance.
Section 7. Effective Date.
This ordinance shall take effect upon its adoption by the city council and publication in
the City's official newspaper.
Adopted by the city council of the city of Medina this 6th day of June, 2017.
Bob Mitchell, Mayor
ATTES
Jodi 4VI. Gallup, City Clerk
Published in the Crow River News this 15th day of June, 2017.
Ordinance No. 613 3
June 6, 2017
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