07-9891r
RESOLUTION NO. 9891
A RESOLUTION ESTABLISHING A ONE YEAR
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 IN ALL
ZONING DISTRICTS
WHEREAS, the City of Richfield regulates signs in all zoning districts;
WHEREAS, Section 416.01, subdivision 13, of the Richfield City Code defines
FLASHING, TRAVELING OR CHANGING MESSAGE SIGN as any sign with an
intermittent or flashing light source;
WHEREAS, Section 416.07, subdivision 1, prohibits 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 visibility of traffic signs, traffic control devices, crossroads,
driveways or crosswalks;
WHEREAS, Section 416.01, subdivision 13, of the Richfield City Code prohibits
flashing, traveling or changing message signs, except those that provide public service
information including time, date, temperature, weather and public events;
WHEREAS, representatives of the sign industry have issued press releases
indicating the intention to deploy digital billboard networks in the Twin Cities of Minneapolis
and St. Paul and their surrounding ring suburbs;
WHEREAS, these digital billboards have been observed by the Richfield Zoning
Administrator, and the electronic, digital, video, display signs, billboards and billboard
networks were determined to fall within the City ordinance definitions for flashing, traveling
or changing message signs;
WHEREAS, the City of Richfield has several existing billboards and pylon signs
along major public roadways within its corporate boundaries that currently do not have
electronic, digital, video, display signs, billboards and billboard network displays;
WHEREAS, the City of Richfield 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 Highway Administration (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 lor have
adverse aesthetic impacts on the visual environment;
WHEREAS, there is a need to conduct a study so that the City of Richfield 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;
WHEREAS, 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 ordinances and zoning regulations
are accomplished; and
WHEREAS, Minnesota Statutes, section 462.355, subdivision 4, permits the
adoption of interim zoning ordinances during the planning process.
NOW THEREFORE! BE IT RESOLVED, BY THE CITY COUNCil OF THE CITY
OF RICHFIELD, MINNESOTA as follows:
1. The City of Richfield 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. 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 other factual and
quantifiable information.
2. Upon completion of the study, the matter is to be considered by the Planning
Commission for its review and recommendation to the City Council.
3. 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 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.
4. The moratorium is adopted pending completion of the study authorized by this
resolution and the adoption of any amendments to the City's sign ordinance or
Zoning Ordinance. No sign alteration shall be completed without a permit, and no
sign permit may be issued for any sign within the scope of this moratorium. .
5. Unless earlier repealed by the City Council, the moratorium established under this
resolution shall remain in effect for a period of one year after its effective date. The
moratorium period may be extended for a reasonable time. by ordinance, as
permitted by law, as may be necessary to complete the study and adopt any
necessary amendments to the City's sign or zoning ordinances.
6. This resolution is effective upon adoption.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
January, 2007.
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Debbie Goettel, Mayor
ATTEST:
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Nancy Gibb , City Clerk