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HomeMy WebLinkAbout[09d] Sign Moratorium 9(d) Council Agenda Item MEETING DATE: November 7, 2013 AGENDA ITEM: Administrator Reports – Sign Moratorium SUBMITTED BY: Administration/Legal BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The Council had discussed digital signs and the need for the City to review the current Ordinances to study the impact. At the same time it was suggested that the City place a moratorium on signs until the study is complete. Therefore, the following Ordinance places a moratorium on signs and directs the Planning Commission to study the matter and forward a recommendation to the City Council. BACKGROUND INFORMATION: BUDGET/FISCAL IMPACT: ATTACHMENTS: REQUESTED COUNCIL ACTION: Provide direction to staff This page intentionally left blank AN ORDINANCE PROVIDING FOR A MORATORIUM ON GRANTING APPROVAL FOR THE CONSTRUCTION OR ALTRATION OF ANY SIGN WHICH IS ILLUMINATED, CONTAINS DIGITAL LIGHTING, CONTAINS ELECTRONIC LIGHTING, AND/OR CONTAINS DYNAMIC FEATURES WITHIN THE CITY OF ST. JOSEPH, MINNESOTA. A. Authority – Pursuant to M.S. Section 462.355, Subd. 4, the City of St. Joseph is authorized to establish an interim ordinance to regulate, restrict or prohibit any use or development in all or part of the City while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. In furtherance of this statutory authority, the City has adopted Chapter 52, the zoning ordinance, including sections 52.11 and 52.27 – 52.32 dealing with the regulation of signs. B. Findings and Purpose – 1.The City is concerned about the safety effects, aesthetics, and light pollution of illuminated signs, digital signs, electronic signs, and dynamic signs. Dynamic signs are defined as those signs with displays that have the ability to feature changing images and movement. The City is concerned that such signs may be incompatible with permitted uses in certain zoning districts and may detract from the desirability of the uses permitted in those districts. In addition, the City is concerned that such signs may create adverse traffic impacts and safety concerns. 2. As a result of the possible incompatibly of such signs on certain zoning districts and the safety concerns cited above, the City, through its Planning Commission, will conduct studies to consider possible amendments to the comprehensive plan or official zoning controls to address these issues. The City Council finds that this interim section should be adopted to protect the planning process and the public health, safety, aesthetics, economic viability and general welfare of the City. C. Zoning Study – The Planning Commission is directed to commence a planning study of the effects of illuminated, digital, electronic and dynamic signs in all zoning districts and to propose such amendments to the comprehensive plan or official zoning controls related to such signs that the Planning Commission deems advisable. D. Restrictions – For a period of one year from the effective date of this section, no approval for the construction or alteration of any sign which is illuminated, contains digital lighting, contains electronic lighting, and/or contains dynamic features shall be granted, except as may be granted based upon hardship. This restriction shall also prohibit the construction or alteration of any sign which is or illuminated, contains digital lighting, contains electronic lighting, and/or contains dynamic features. The City Council specifically reserves the right to extend this section for such additional periods as are necessary to complete the planning study as allowed by state law. 1 E. Hardship – In a case of hardship, any person having a legal or equitable interest in land and aggrieved by the provisions of this interim section may apply to the City Council for a waiver of all or a portion of the applicable restrictions as provided herein. A waiver may be granted where the City Council finds substantial hardship caused by the restrictions and finds that a waiver will not unduly affect the integrity of the planning process or the purposes for which the interim section is enacted. This Ordinance is adopted the day of , 2013, and shall be effective upon publication. City of St. Joseph By Rick Schultz, Mayor By: Judy Weyrens, Administrator This amendment was published on , 2013. 2 RESOLUTION 2013-042 Resolution Approving a Moratorium On Digital Signs WHEREAS, the City of St. Joseph, pursuant to M.S. Section 462.355, Subd. 4, is authorized to establish an interim ordinance to regulate, restrict or prohibit any use or development in all or part of the City while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. WHEREAS, the intent of the proposed Ordinance is to approve a moratorium on granting approval for the construction or alteration of any sign which is illuminated, contains digital lighting, contains electronic lighting, and/or contains dynamic features within the City of St. Joseph. WHEREAS,the Ordinance outlines the concerns the City has about the safety effects, aesthetics, and light pollution of illuminated signs, digital signs, electronic signs, and dynamic signs. THEREFORE, IT IS HEREBY RESOLVED: 1.The City through its Planning Commission, will conduct studies to consider possible amendments to the comprehensive plan or official zoning controls to address the issues. 2.The City Council finds that the interim section should be adopted to protect the planning process and the public health, safety, aesthetics, economic viability and general welfare of the City. Adopted this_dayof _________, 2013, by a vote of in favor and opposed. CITY OF ST. JOSEPH By ______________________________ Rick Schultz, Mayor By ______________________________ Judy Weyrens, Administrator