HomeMy WebLinkAbout[07] Ordinance Amendment - Allowing the use of bannersCITY UN ST. ~USIsPH
Planning Commission Agenda Item 7
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
STAFF RECOMMENDATION:
PREVIOUS PLANNING COMMISSION ACTION:
February 2, 2009
Public Hearing, Ordinance Amendment
Signs
Administration
BACKGROUND INFORMATION: The owners of Millstream Shops and Lofts have submitted a sign permit
application which includes several permanent ornamental banners calling attention to the development.
At this time such banners are not allowed under Section 52.11(Signs), Subdivision 11 or 52.31 (Central
Business District).
Ron Wasmund from Inspectron and Cynthia Smith-Strack from MDG have reviewed the request and find
that such banners appear to contribute to the intended 'pedestrian atmosphere' within the CBD. Such a
contribution is noted as the intended banners are designed at a human-scale as opposed to attracting
the attention of motorists.
Both recommend the City consider an amendment of the sign ordinance to accommodate such festive
banners within the Central Business District on a limited basis. Amendment language for consideration
follows. In looking at this amendment, the City tried to limit the number of banners so that we did not
have clutter, keeping in mind that you street lights and banners on flag poles.
While this matter has not come before the Planning Commission previously it was a request that we
received and the matter can be tabled or denied if this is something the Planning Commission does not
favor. This provision will only apply to the downtown and is part of the streetscape for the downtown.
ATTACHMENTS:
Draft Ordinance
REQUESTED PLANNING COMMISSION ACTION: Consider adopting an amendment to the Sign
Ordinance to allow for banners in the downtown district.
. ~. CITY O~ ST. OS~PH
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wvuW.cityof stjoseph.com
Public Hearing
City of St. Joseph
The Planning Commission for the City of St. Joseph will conduct a public hearing on Monday,
Administrator February 2, 2009 at 7:20 PM in the St. Joseph City Hall. The purpose of the hearing is to
~udy Weyrens consider an Amendment to Ordinance 52.11 (Signs). The proposed amendment includes
provisions for Ornamental Banners in the B-1 Central Business District. Full text of the
Ordinance Amendment is available for review at the City Offices or on the City website,
Mayor www.cityofstjoseph.com.
AI Rassier
All persons wishing to speak will be heard and written comments may be sent to the City
Councilors Offices, Judy Weyrens, PO Box 668, St. Joseph MN 56374.
Steve Frank
Bob Loso
Renee Symanietz Judy Weyrens Administrator
Dale Wick
zs College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374
phone 3zo.363.7zoi Fax 320.363.o34z
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING REGULATIONS OF SIGNS
The Council of the City of St. Joseph hereby ordains:
That Ordinance 52.1 1 is revoked in its entirety and the following language is enacted in its place:
"Section 52.11: SIGNS
Subd. 1: Findines. The City Council hereby finds as follows:
a) Exterior signs have a substantial impact on the character and quality of the
environment.
b) Signs provide an important medium through which persons may convey a variety
of messages.
c) Signs can create traffic hazards, aesthetic concerns and detriments to property
values, thereby threatening the public health, safety and welfare.
d) The city's zoning regulations include the regulation of signs in an effort to
provide adequate means of expression and to promote the economic viability of
the business community, while protecting the City and its citizens from a
proliferation of signs of a type, size, and location that would adversely impact
upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within
the City has had a positive impact on traffic safety and the appearance of the
community.
Subd. 2: Purpose and Intent. It is not the purpose or intent of this sign ordinance to
regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to
regulate any building design or any display not defined as a sign, or any sign which cannot be
viewed from outside a building. The purpose and intent of this ordinance is to:
a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety
and welfare.
b) Establish standards which permit all persons the opportunity to display a wide
variety of messages; to preserve and protect the value of land, buildings and
landscapes and promote the attractiveness of the community; to ensure that signs
in the City are not a safety hazard to lives and/or property, to preserve order and
to encourage persons to erect permanent signs and discourage temporary and/or
portable signs.
Improve the visual appearance of the City while providing for effective means of
communication, consistent with constitutional guarantees and the City's goals of
public safety and aesthetics.
d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
Subd. 3: Effect. A sign maybe erected, mounted, displayed or maintained in the City if
it is in conformance with the provisions of this ordinance. The effect of this ordinance, as more
specifically set forth herein, is to:
a) Allow a wide variety of sign types in commercial zones, and a more limited
variety of sign types in other zones, subject to the standards set forth in this sign
ordinance.
b) Allow certain small, unobtrusive signs incidental to the principal use of a site in
all zones when in compliance with the requirements of this sign ordinance.
c) Prohibit signs whose location, size, type, illumination or other physical
characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the
public health, safety and welfare.
d) Provide for the enforcement of the provisions of this sign ordinance.
Subd. 4: Severability. If any section, subsection, sentence, clause, or phrase of this Sign
Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portions of this Sign Ordinance. The City Council hereby
declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
Subd. S: Definitions.
"Awning sign" - a building sign or graphic printed on or in some fashion attached
directly to the awning material.
b) "Balloon sign" - a sign consisting of a bag made of lightweight material
supported by helium hot or pressurized air which is greater than twenty four 24
inches in diameter.
"Ballpark sign" - a sign (1) securely attached to the outfield fences of a ballpark,
(2) whose content can only be viewed from the `in-play' side of the fencing, (3)
whose size does not cause it to extend in any direction beyond the boundaries of
the fencing that supports it, (4) that poses no danger of cuts or other injury to
persons using said ballpark for its intended purposes, and (5) that does not
otherwise interfere with persons using said ballpark for its intended purposes.
d) "Canopy" - a roof like cover often of fabric plastic metal or glass on a support
which provides shelter over a doorway.
e) "Flashing sign" - a directly or indirectly illuminated sign which exhibits changing
light or color effect by any means so as to provide intermittent illumination which
includes the illusion of intermittent flashing light by means of animation. Also
any mode of lighting which resembles zooming, twinkling or sparkling.
f) "Illuminated Sign" -any sign which has characters, letter figures, designs or
outline illuminated by electric lights or luminous tubes as part of the sign proper
or by indirect lighting.
g) "Marquee" -any permanent roof like structure projecting beyond a theater
building or extending along and projecting beyond the wall of that building
generally designed and constructed to provide protection from the weather.
h) "Monument sign" - a free standing sign in which the entire base of the sign
structure is in contact with the ground, providing a solid and continuous
background for the sign face that is the same width as the sign from the ground to
the top of the sign. The base of the sign shall be constructed of a permanent
material such as concrete block or stone. The sign face shall occupy at least 50%
of the monument sign. Signs should be constructed of materials either the same
as the principal structure or that appear the same.
i) "Off-premise sign" - a commercial speech sign which directs the attention of the
public to a business, activity conducted, or product sold or offered at a location
not on the same lot where such sign is located. For purposes of this sign
ordinance, easements and other appurtenances shall be considered to be outside
such lot and any sign located or proposed to be located in an easement or other
appurtenance shall be considered an off-premise sign.
j) `Ornamental banners" - a banner made from durable fabric or vinyl which calls
attention to a developments
k) `Pole sign" -see Pylon Sign
I) `Pylon sign" -any freestanding sign which has its supportive structures anchored
in the ground and which has a sign face elevated above ground level by poles or
beams and with the area below the sign face open.
m) t`Sandwich board sign" -any freestanding sign which is composed of two pieces
of flat, rigid material in the shape of a square or rectangle that are hinged at the
Comment [53I:.Add - Omarnental banners l
Comment (52I: Change from (j) to (k)
f Comment [53J: Change from (k) to (1)
top and whose bottom edges rest on the ground so as to create a triangular shape
when being displayed..
^) ~`Shimme~ring signs" - a sign which reflects an oscillating, sometimes distorted,
visual image.,
o) `Temporary sign" - a sign that is not permanently affixed to the ground, a sign
that is not permanently affixed to any other permanent structure that is in turn
affixed to the ground, or a sign that is capable of being moved by mechanical or
non-mechanical means, including sandwich board signs.)
p) `Wall" -any structure which defines the exterior boundaries or courts of a
building or structure and which has a slope of sixty (60) degrees or greater with
the horizontal plane
Comment [s4]: Change from (q to (m)
Comment [s5]: Change from (m) io (n)
Comment (S6]: Change from (n) to (o)
Comment [s7]: Change from (o) to (p)
q) `Wall sign" -any building sign attached parallel to, but within eighteen (18)
inches of a wall, painted on the wall surface of, or erected and confined within the
limits of an outside wall of any building or structure, which is supported by such
wall or building, and which displays only one (1) sign surface. ~ comment [ss]: mange from (r) ~~ (y)
Subd. 6: Permit Required.
No sign shall be erected, altered, reconstructed, maintained or moved in the city without
first securing a permit from the city. The content of the message or speech displayed on the sign
shall not be reviewed or considered in determining whether to approve or deny a sign permit.
Application for a permit shall be in writing addressed to the zoning administrator and shall
contain the following information:
a) names and addresses of the applicant owners of the sign and lot;
b) the address at which any signs are to be erected;
c) the lot block and addition at which the signs are to be erected and the street on
which they are to front;
d) a complete set of plans, showing the necessary elevations, distances, size and
details to fully and clearly represent the construction and place of the signs;
e) the cost of the sign;
f) type of sign (i.e. wall sign, monument sign, etc.);
g) certification by applicant indicating the application complies with all
requirements of the sign ordinance; and.
h) if the proposed sign is along a state trunk highway or interstate highway, the
application shall be accompanied by proof that the applicant has obtained a permit
from the state for the sign.
The zoning administrator shall approve or deny the sign permit in an expedited manner
no more than 60 days from the receipt of the complete application, including applicable fee. All
permits not approved or denied within 60 days shall be deemed approved. If the permit is
denied, the issuing authority shall prepare a written notice of denial within 10 days of its
decision, describing the applicant's appeal rights under Section 525 15, and send it by certified
mail, return receipt requested, to the applicant.
Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter
permitted:
a) Signs shall not be permitted within the public right-of--way or easements, except
as erected by an official unit of government or public utilities for the direction of
traffic or necessary public information, unless approved by the appropriate
government entity.
b) Signs shall not be constructed or maintained in a manner which obstructs traffic
visibility.
c) Flashing or rotating signs resembling emergency vehicles shall not be permitted
in any district.
d) No sign shall be placed that resembles any official marker erected by a
governmental agency or shall display such words as "stop" or "danger".
e) No sign shall be permitted to obstruct any window, door, fire escape, stairway or
opening intended to provide light, air, ingress or egress for any building or
structure.
f) Where a sign is an illuminated sign, the source of light shall not shine upon any
part of a residence or into a residence district or any roadway.
g) One (1) sign, regardless of its type, shall be permitted on each parcel of property
in any residential district, and such signs shall be limited to an overall area of six
(6) square feet. The limitations stated in this provision can only be modified
according to Subdivision 14 of this Section.
h) The following types of signs are not permitted in any residential district:
1. Awning signs
2. Marquee signs
3. Balloon signs
4. Pole signs
5. Canopy signs
6. Pylon signs and
7. Flashing signs
8. Shimmering signs
9. Wall sign
10. jOrnamental banners
i) Pylon signs and off-premise signs shall not be permitted in any zoning district.
j) No sign shall be of such a nature or placed in such a position that it will cause
danger to traffic on a street.
k) Signs which may be or may hereafter become rotted, unsafe or unsightly shall be
repaired or removed by the owner or lessee of the property upon which the sign
stands upon notice by the Building Inspector. The owner, lessee or manager of
any sign that contacts the ground and the owner of the land on which the same is
located shall keep grass, weeds and other growth cut and shall remove all debris
and rubbish from the lot on which the sign is located. If the owner, licensee or
owner of the property fails to act in accordance with this paragraph, the City may
remove the sign in question upon the direction of the City Council, and all costs
incurred for removal may be charged to the owner of the sign and if unpaid,
certified to the County Auditor as a lien against the property on which the sign
was located.
I) No sign shall project more than two (2) feet over a public sidewalk.
m) Signs shall not be located on the roof of a building.
n) No sign shall be painted directly on the side of the building, unless it is clearly
demonstrated to the Planning Commission, at the time that a permit for the sign is
applied for, that the location of the sign does not threaten the structural integrity
of the building in question, cause a safety hazard to any persons or property in the
vicinity of the building in question, and is aesthetically consistent with and
non-offensive to the properties in the immediate area of the building in question.
o) No sign shall violate the side or rear yard setback requirements of the district in
which it is placed.
p) No sign shall exceed 250 square feet in surface area.
q) Except for monument signs and temporary signs, the surface area of the base of
any sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirements of the Building
Code.
COmmCnt [59]: Add - Omamemal banners
r) Ballpark signs shall be allowed only on those ballparks that are primarily used to
host baseball and/or softball games.
Subd. 8: Temnorary Sins.
a) Fee. A fee set forth by resolution applies to a permit for temporary or portable
signs.
b) Maximum Size. The maximum size of a portable or temporary sign is sixty-four
(64) square feet. The maximum size of a portable or temporary sign in any
residential zoning district is limited to six (6) square feet.
c) Duration. The duration of time that a portable or temporary sign can be located
on a property is limited to forty (40) days in any one calendar year only after
application has been approved for location and placement.
d) Illuminated Signs. Illuminated signs, whether temporary or portable, shall have a
recognized seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance with the
listing or, if more restricted, the National Electrical Code as adopted by the State
of Minnesota.
e) One Sien Per Parcel. There shall be no more than one temporary or portable sign
per parcel of property. In the event that there are multiple tenants on a single
parcel of property on which temporary or portable signs are allowed, not more
than two portable signs shall be located on the parcel at any given time. One
portable sign will be allowed per strip mall site within the B-2 district.
f) Ground Fault Circuit Internreters. The internal wiring of an illuminated outdoor
sign that is temporary or portable and readily accessible shall be supplied from,
and protected by, ground fault circuit interpreters.
g) Extension Cords. Extension cords used to supply power to portable or temporary
signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the
ground to prevent tripping or electrical hazards.
h) Anchors. Anchors for portable or temporary signs shall be subject to approval by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
Subd. 9: Exemptions. The following sign shall not require a permit. This exemption,
however, shall not be construed as relieving the owner of the sign from the responsibility of its
erection and maintenance, and its compliance with the provisions of this ordinance or any other
law or ordinance regulating the same. The exemption is as follows: The changing of the display
surface on a painted or printed sign only. This exemption, however, shall apply only to poster
replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
Subd. 10: Permitted Signs; Business Districts.
a) Wall Signs. Each tenant other than those in multi-tenant buildings may have one
flat wall sign. Such signage may extend fraro the face of the roof over a covered
walk. Such wall signs shall not exceed 15% of the area of the wall to which the
sign is attached, to a maximum of 96 square feet.
b) Monument Signs. Each tenant other than those in multi-tenant buildings may
have a monument sign that shall not exceed 80 square feet in surface area, and 15
feet in height, and is setback a minimum 20 feet from the property lines.
c) Multi-Tenant Wall Signs. Each tenant in amulti-tenant building may have a flat
wall sign. The aggregate area of such signs shall not exceed 5% of the area of the
wall to which they are attached.
d) Multi-Tenant Monument Signs. One monument sign shall be permitted for each
multi-tenant building provided the surface area of the sign does not exceed 100
square feet, per side, and 15 feet in height, and is setback in no case less than 20
feet from the property lines. The area maybe increased to a maximum of 150
square feet per side for developments of over 20 acres.
e) Canopies and AWn1nQS. The design of canopies shall be in keeping with the
overall building design in terms of location size and color. No canopies with
visible wall hangers shall be permitted. Signage on canopies may be substituted
for allowed building signage and shall be limited to 25% of the canopy area.
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
f) ornamental Banners. Omamental banners shall be permitted in the Central
Business District on approved standards, attached to the building fagade and on
standards attached to pedestrian area lighting, subject to a master sign plan. They
may, including standards, project from buildings a maximum of two (2) feet and
shall be at least ten (10) above from the average grade. The size of the ornamental
banner shall contribute to the aggregate maximum amount of signage allowed
within the District. They shall be limited to one (1) banner per twenty (20) lineal
front feet of property. Ornamental banners are subject to standards contained in
this Section and in Section 52.31 of the City Code) { COMMEDt [510]: Add Ornamental banners ~
Subd. 11: Design Standards for Downtown and High Visibility Corridors.
a) Design Standards for B-1 Central Business District. The following standards
pertain to signs within the B-1 Central Business District and are in addition to,
and supersede, other standards contained herein.
Pylon and free-standing permanent signs are prohibited in the B-1 District
directly adjacent to Minnesota Street; except one monument sign may be
permitted per parcel of property provided the aggregate size of the
monument does not exceed one square foot for every one foot of frontage.
2. Signs shall be architecturally compatible with the style, composition,
materials, colors and details of the building to which it relates and other
signs on other buildings within the B-1 District.
3. Signage should be simple and the signage should not overshadow or
dominate the character of the structure. This provision applies only to the
design and appearance of the Signage and not to the message contained
thereon.
4. Illuminated signs should feature indirect lighting that is shielded from
view unless ornamental in nature. Signs capable of being lit in the
evening should limit the view of such lights from motorists and
pedestrians.
5. The overall design of all signage including the mounting framework shall
relate to the design of the principal building on the property. For buildings
without a recognizable style, the sign shall adopt the decorative features of
the building, utilizing the same materials and colors.
6. Signs painted directly on window glass or hung in windows are permitted.
Such signs shall be counted toward the maximum size requirement and
shall be limited to 20% of the window area.
7. The maximum height of a sign in a business district shall be 15 feet.
8. Projecting signs are allowed in the B-1 District directly adjacent to
Minnesota Street and College provided:
a) The projecting sign does not extend beyond the first floor of the
building.
b) No less than ten feet of clearance is provided between the highest
point of the sidewalk and the lowest point of the projecting sign.
c) Cumulative projecting sign area is not greater than twelve square
feet and maximum sign width not greater than three feet.
d) Maximum distance between a projecting sign and the building face
doesn't exceed one foot.
Sandwich Board Signs are allowed only in the B-1 District directly
adjacent to Minnesota Street and College provided:
a) No more than one sandwich board sign shall be allowed for each
tenant on a parcel of property.
b) The sandwich board sign does not exceed 36" in height or 30" in
width.
c) The sign is displayed only during normal operating hours of the
business on the parcel of property on which the sign is located.
d) The sign does not require any form of electricity or display lights
or moving parts.
e) That such signs do not block driveways, entryways or pedestrian
accesses, do not significantly occlude the sidewalk and/or do not
impact sightlines/view at street intersections.
f) The sign is made of weather and wind resistant materials of
superior quality.
g) The sign is not affixed to the sidewalk, other signage or temporary
or permanent structure.
h) The maximum aggregate square footage of allowable sign area is
not exceeded.
i) The sign owner provides proof of liability insurance listing the
City as an additional insured and holding the City harmless at the
same time it applies to the City for a permit for the sign.
b) Design Standards for Properties with Highway/Freeway Visibility. The following
standards pertain to signs within the B-2 General Business District, the B-3
District and Industrial Districts which are visible from Interstate 94. These
standards are in addition to, and supersede, other standards contained herein.
The standards contained in this subdivision relate to signs on parcels
adjacent to or visible from principal arterials, minor arterials, and collector
streets.
Signs shall employ superior-quality, permanent materials. Natural
materials such as wood, brick, stone, glass, etc are highly encouraged.
Signs shall be architecturally compatible with the style, composition,
materials, color and details of the building to which it relates and other
structures within the applicable zoning classification.
10
Signage should be simple and non-obtrusive and should not overshadow
or dominate the character of any structure on the same parcel of property.
This provision applies only to the design and appearance of the signage
and not to the message contained thereon.
The use of natural color palettes in freestanding signage is highly desired.
6. All freestanding signs shall employ landscaping that is aesthetically
pleasing and complimentary to the quality of uses within the area.
Subd. 12: Non-Conforming Signs: Compliance. It is recognized that signs exist within
the zoning districts which were lawful before this sign ordinance was enacted, but will be
prohibited under the terms of this section. It is the intent of this sign ordinance that
nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding
other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign
ordinance to permit legal nonconforming signs existing on the effective date of this sign
ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained
so as not to be unsightly, and have not been abandoned or removed subject to the following
provisions:
a) No sign shall be enlarged or altered in a way which increases its nonconformity.
b) If the use of the nonconforming sign or sign structure is discontinued for a period
of one year, the sign or sign structure shall not be reconstructed or used except in
conformity with the provisions of this ordinance.
c) Should such nonconforming sign or sign structure be damaged or structure be
destroyed by any means to an extent greater than fifty (50) percent of its market
value and all required permits for its reconstruction have not been applied for
within 180 days of when the sign or sign structure was damaged, it shall not be
reconstructed or used except in conformity with the provisions of this ordinance.
d) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
e) No existing nonconforming sign shall be enlarged, expanded or moved except in
changing the sign to a sign permitted in the zoning district in which is it located.
f) When a parcel of property loses its nonconforming status all signs devoted to the
property shall be removed and all signs painted directly on any structure on the
property shall be repainted in a neutral color or a color which will harmonize with
the structure.
Subd. 13: Signs in Develoaing Subdivisions. During the development of a new
subdivision consisting of two (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve (12) feet in height. A fee is required to be paid for these signs,
as set by Council resolution. The City shall not review or consider the content of any message to
be displayed on such signs when determining whether to grant a permit. In addition to the signs
mentioned above, there shall he permitted one (1) sign not exceeding four (4) square feet, and
not more than six (6) feet in height, per lot in the subdivision. All signs allowed according to
this Subdivision shall be removed when 75 percent of the lots in the subdivision are fully
developed, or within two (2) years following the beginning of development in the subdivision,
whichever comes first. No signs allowed according to this Subdivision may be illuminated.
Subd. 14: Non-Commercial Speech. Notwithstanding any other provisions of this sign
ordinance, all non-commercial signs of any size may be posted in any number from August 1 in a
state general election year until ten (10) days following the state general election, and all signs
with a surface area of 50 square feet or less containing non-commercial speech may be posted
from eight (8) weeks prior to any special election until seven (7) days following the special
election. Signs permitted under this Subdivision shall be set back a minimum distance of no less
than fifteen (15) feet from the curb line, shall not be on any public right-of--way, and shall not be
permitted on school property or any other public lands.
Subd. 15: Substitution Clause. The owner of any sign which is otherwise allowed by this
sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or
non commercial speech. This substitution of copy may be made without any additional approval
or permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech or favoring of any particular non-commercial
speech over any other non-commercial speech. This provision prevails over any more specific
provision to the contrary.
This amendment is adopted the day of , 2009, and shall
be effective upon publication.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on , 2009.
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