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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. Ordinance No. 613 2 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 (2)