2007-03
BILL NO. 2007-3
AN ORDINANCE 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
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Backqround.
1.01. The City of Richfield regulates signs in all zoning districts;
1.02. 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;
1.03. 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;
1.04. 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;
1.05. 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;
1.06. 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;
1.07. 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;
1.08. 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;
1.09. 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;
1.10. 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 ordinance and zoning regulations are
accomplished; and
1.11. Minnesota Statutes, section 462.355, subdivision 4, permits the adoption of
interim zoning ordinances during the planning process.
Sec. 2. Findinqs.
2.01. The City Council finds 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.
2.02. The City Council finds that there is a need to adopt a moratorium ordinance
for all Zoning Districts within the City while the studies referenced in section 2.01 of this
ordinance are being conducted.
Sec. 3.
Planninq Study: Moratorium.
3.01. 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.
3.02. Upon completion of the study, the matter is' to be considered by the Planning
Commission for its review and recommendation to the City Council.
3.03. 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.
3.04. The moratorium is adopted pending completion of the study authorized by
this ordinance 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.
Sec. 4. Enforcement. The City may enforce this ordinance by mandamus,
injunction or other appropriate civil remedy in any court of competent jurisdiction.
Sec. 5. Term. Unless earlier repealed by the City Council, the moratorium
established under this resolution shall remain in effect until January 23, 2008. The
moratorium period may be extended for a reasonable time, in accordance with Minnesota
Statutes Section 462.355.
Sec. 6. Effective Date. This ordinance is effective as provided by section 3.09 of
the Richfield City Charter.
D~GdIJ
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Debbie Goettel, Mayor
ATTEST~ lli~
Nancy Gibbs, City ~k
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief
Sun-Current
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and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification
as a qualified newspaper as provided by Minn. Stat. 9331 A.02, 9331 A.07, and other
applicable laws as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of March , 2007, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of
, 2007; and printed below
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Subscribed and sworn to or affirmed before me
e
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31-()9
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6.20 per line
(3) Rate actually charged
$
1.30 per line
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO.2007-3
On February 27,2007, the Richfield City Council adopted
an ordinance designated as Bill No. 2007-3. The ordi-
nance establishes a one-year moratorium on the installa-
tion, erection, construction, replacement, modification, or
improvement of static or changing electronic, digital,
video, display signs or billboards, and flashing, motion; an-
imated, changeable copy and illuminated signs in all zon-
ing districts. The ordinance directs staff to conduct a study
to determine whether the City should adopt possible
amendments to its sign ordinance and zoning regulations
pertaining to such electronic signs.
The full text of Bill No. 2007-3 is available for inspection at
Richfield City Hall during regular business hours.
Adopted by the City Council of the City of Richfield, Min-
nesota this'
27th day of February, 2007.
151 Nancy Gibbs, City Clerk
(Mar. 8,2007) d2-bill 2~7,::3