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03-28 Bill No. 2017-5 BILL NO. 2017-5 AN INTERIM ORDINANCE REGULATING TEMPORARY SIGNS AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background. 1.01. The City of Richfield regulates the installation of permanent and temporary signs on private property throughout the City, as described in Section 549 of the Zoning Code. 1.02. The City requires that permit applications be submitted in order to grant approval of any signs over 6 square feet in area. Temporary sign permits are issued in 28-day increments, with a maximum of 4 permits per business, per calendar year. Temporary sign permits carry an application fee of$35 per 28-day period. The City restricts the types of signs that may be displayed, prohibiting all portable signs and banners not attached to a structure (including "flag" or"sail" signs.) The City requires that all signs be set back a minimum of 5 feet from property lines. 1.03. Reconstruction of 66th Street is currently underway and heavy construction work will continue through the 2018 construction season. This work will disrupt regular traffic patterns along 66th Street and inconvenience area businesses and their customers. 1.04. The City has received inquiries from business owners requesting permission to install temporary signs beyond what are ordinarily permitted. During construction, business owners want to emphasize that they are open and clearly identify access points. 1.05. The public interest will be harmed if businesses along 66th Street are inaccessible to customers. 1.06. The City Council has determined a need to undertake a study to review Section 549 of the Zoning Ordinance (Sign Regulations) as it pertains to the use of temporary signs during major road construction projects. 1.07. Upon completion of the study, the City Council, together with such city commissions as the City Council deems appropriate or as may be required by law, will consider the advisability of amending certain official controls. 1.08. Minnesota Statutes, Section 462.355, Subdivision 4 allows the City to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. Sec. 2. Findings. 2.01 The City Council finds that it is necessary to conduct planning studies to determine the appropriate permitting and land use controls that should apply to temporary signs during major roadway construction projects and to protect the planning process and the health, safety, and welfare of its citizens. 2.02 The purpose of the studies to be conducted includes, but is not limited to determining the appropriate permitting and licensing standards, and land use and development standards that should apply to temporary signs and determining the appropriate changes, if any, that should be made to City Ordinances. 2.03 The City Council finds that there is a need to adopt an Interim Ordinance, while the studies referenced in Section 2.01 are conducted. 2.04 The City Council finds that this Interim Ordinance applies only to applications for temporary sign permits on properties adjacent to 66th Street, between Xerxes Avenue and 16th Avenue. Sec. 3. Planning Study Authorized 3.01 A study is authorized to be conducted by City staff, to be followed by consideration of potential changes to the City's Ordinances by the City Council and such other commissions of the City as required by law or as directed by the City Council. 3.02 Pending completion of the study and adoption of any amendments to the City's official controls, an Interim Ordinance is established regulating the issuance of temporary sign permits. Sec. 4. Interim Regulations. The Interim Ordinance makes the following modifications to Zoning Code Section 549 (Sign Regulations). 4.01 The application fee of$35 shall be waived. However, a completed Sign Permit application form must still be submitted to the Community Development Department before any signs will be approved. 4.02 The 28-day limitation on temporary signs shall be extended to one year. 4.03 The requirement that all signs maintain a 5-foot setback from property lines shall be waived. 4.04 The requirement that banner signs be attached to a structure shall be waived, allowing greater use of banners and similar types of signs. 4.05 The interim regulations established by this Ordinance shall apply to any application pending as of the date of passage of this Ordinance. 4.06 All other regulations set forth in Zoning Code Section 549 remain in effect and are not modified by the Interim Ordinance. Sec. 5. Enforcement. The City may enforce this Ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Sec. 6. Term. Unless earlier repealed by the City Council, this Interim Ordinance shall remain in effect until March 28, 2018. The Ordinance may be extended for a reasonable time, in accordance with Minnesota Statutes Section 462.355. Sec. 7. Effective Date. This Ordinance is effective as provided by Section 3.09 of the Richfield City Charter. Pat Elliott, Mayor ATTEST: it2i4 ��. Elizabeth anHoose, ity erk AFFIDAVIT OF PUBLICATION CITY OF RICHFIELD RESOLUTION NO.11346 STATE OF MINNESOTA ) APPROVING COUNTY OF HENNE TN ss SUMMARY PUBLICATION r OF AN INTERIM ORDINANCE REGULATING Charlene Vold being duly sworn on an oath, TEMPORARY SIGNS states or affirms that he/she is the Publisher's WHEREAS, the City has ad- Designated Agent of the newspaper(s)known opted the above referenced Ordi- nance;and as: WHEREAS,the verbatim text of the ordinance is cumbersome,and SC Richfield the expense of publication of the complete text is not justified;and NOW THEREFORE, BE IT RE- with the known office of issue being located SOLVED by the City Council of the in the county of: City of Richfield that the following HENNEPIN summary is hereby approved for official publication: with additional circulation in the counties of: SUMMARY PUBLICATION HENNEPIN BILL NO.2017-5 and has full knowledge of the facts stated AN INTERIM ORDINANCE below: REGULATING has complied with all of TEMPORARY SIGNS (A)The newspaper p AND DIRECTING THAT the requirements constituting qualifica- A PLANNING STUDY tion as a qualified newspaper as provided BE CONDUCTED by Minn. Stat.§331A.02. This summary of the ordinance (B)This Public Notice was printed and pub- is published pursuant to Section 3.12 of the Richfield City Charter. lished in said newspaper(s) once each On March 28,2017,the Richfield week, for 1 successive week(s); the first city Council adopted an interim insertion being on 04/06/2017 and the last ordinance designated as Bill No. insertion being on 04/06/2017. 2017-5,the title of which is stated above. The interim ordinance es- tablishes regulations that loosen MORTGAGE FORECLOSURE NOTICES certain restrictions on temporary Pursuant to Minnesota Stat. §580.033 signs for properties adjacent to relating to the publication of mortgage 66th Street, between Xerxes Ave- _ __ g P nue and 16th Avenue,for a period foreclosure notices: The newspaper complies of one year. The purpose of the with the conditions described in §580.033, interim ordinance is to address subd. I, clause (1) or(2). If the newspaper's ibnugs owners'concerns regard- known office of issue is located in a count during vi they and cuutomnr of 66th Y du the reconstruction of 66th adjoining the county where the mortgaged Street.The ordinance also directs premises or some part of the mortgaged that a planning study be conducted premises described in the notice are located, to review temporary sign regula- tions and that appropriate amend- a substantial portion of the newspaper's ments be made to the City's Zoning circulation is in the latter county. Ordinance upon completion of the study. Copies of the ordinance are available for public inspection i- By, the City Clerk's office during nor- Designated Agent mal business o u re- quest busine by calling h the urs Department or pon of Community Development at (612) Subscribed and sworn to or affirmed before 861-9760. me on 04/06/2017 by Charlene Vold. Adopted by the City Council of the City of Richfield,Minnesota this 28th day of March,2018. Pat Elliott,Mayor ATTEST: \ cT.,c. Elizabeth VanHoose,City Clerk Notary Public Published in the Richfield Sun Current April 6,2017 670778 vv. a' ,r DARLENE MARIE MACPHERSON `' ``' Public-Minnesota ,,:k::; Notary 2O9 1 `ti My Commisslon Expire°Jan 3 Iiiiii Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 670778