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03-964Council File # �� Green Sheet # � o a� � f�]��T�l i iG Y f�111 Presented by Referred To Committee: Date WFIEREAS, it is the declared policy of the city of Saint Paul that advertising signs aze non-confornung uses; and 4 5 WHEREAS, it is the declared policy of the city of Saint Paul that non-confornung 6 advertising signs will be eliminated in time by factars including obsolescence, deterioration, 7 destruction, discontinuance, redevelopment and change in use; and 9 l0 11 12 13 14 15 16 17 18 19 20 Z1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREAS, it is the declared policy of the state of Minnesota to pernut non-confornung uses to continue through repair or maintenance; and WIIEREAS, the repair or maintenance of nonconfornung advertising signs may pernut substantial alteration of advertising signs which would have the effect of extending the structural life of nonconfornung advertising signs beyond a reasonably expected life span; and WHEREAS, the potential to extend the life of non-conforming advertising sign structures beyond a reasonable life span through alteration of the advertising sign defeats the public's interest in eliminating non-conforming advertising signs; and WHEREAS, in order to permit forces like obsolescence and deterioration to accomplish the goal of eliminating non-confornung advertising signs, it is necessary to study the impact of repairs and maintenance on non-confornung advertising signs in order to determine whether repairs and maintenance actually have the effect of extending the life of non-conforming advertizing signs by giving them greater viability to withstand the effects of obsolescence and deterioration; WI�REAS, in light of the need to study and consider possible amendments to the Saint Paul Zoning Code pertaining to the repair of non-conforming advertising signs and the need to preserve the status quo with respect to such signs and for the purposes of protecting the general health, welfaze and safety of the public pending the conclusion of such a study, the Saint Paul City Council desires to immediately and temporarily prohibit the issuance of any building permit or zoning approval for the repair or maintenance of non-conforming advertising signs which would exceed in scope the basic repairs and maintenance described under Attachment 1 to this Resolution until such time as a study on this matter has been completed and the Council of the City of Saint Paul has taken action on the recommendations contained therein: NOW, THEREFORE, BE IT RESOLUED, that under a separate ordinance, the Council of the City of Saint Paul will prohibit the issuance or approval of zoning and building permits for repairs and maintenance of non-confornung advertising signs which would exceed 'an scope the ��-��� 1 basic repairs and maintenance described under Attachment 1 to this Resolution until the 2 expiration of twelve months as provided in Minn. Stat. § 462.355, Subd.(4), or until such earlier 3 time as the Council of the City of Saint Paul has taken action on the recommendations contained 4 in the study; AND, 0 8 9 10 11 12 13 14 15 16 BE TT FURTHER RESOLVED, that pending the adoprion of the said separate interim ordinance under Minn. Stat. § 462.355, Subd.(4), the issuance ar approval of zoning or building permits to repair non-confornung advertising signs, which would be inconsistent with the scope of the basic repairs and maintenance described under Attachment lto this Resolution, is hereby prohibited as provided under Minn. Stat. § 462.355, Subd.(4); AND BE TT FINALLY RESOLVED, that the restrictions contained in this resolution and in the said interim ordinance may be extended by action of the Council of the City of Saint Paul for those additional time periods not to exceed the time provided in Minn. Stat. § 462355, Subd. (4) in the event such study and recommendations and the deliberations of the Council require such extensions of time. Requested by Department of: Adoption Certified by Council Secretary By: / .^ � Approved b Mayor: Date By� By: Form Approved by City Attorney gy , ����M. / u- z t- U3 Approved by Mayor for Submission to Council By: Adopted by Council: Date � a.o1 �_T � D�-��� AtPACHiiENT No. 1 PROPOSED ORDINANCE It is the intent of the Saint Paul City Council, throu�h this ordinance, to hannonize its policies as to advertising signs as stated in the Zoning Code §66.214 with newly enacted state statute §462357 (1)(e). Zoning Code Section 66302 shall now read in its entirety: In keenin2 with the intent expressed in Secfion 66.214 it is the further intent of the cit council that advertising siens not permitted by this chapter shall be eraduallv removed as thev deteriorate Advertisine siens not permitted bv this chapter shall not be re�laced relocated or renovated Renovation shall mean the replacement of the si�n face the renlacement of structural elements supplementine or reinforcin¢ existin�structural elements repositionine footin�s or bed frames adding or uneradine electricai services or anv im�rovement that extends the life of the advertising sien. Basic maintenance and reoairs of leaal nonconformin� advertisine signs shall be permitted including paintin�pair of existine electrical services replacement of border trim replacement of nuts and bolts and other small connectors and� ading of catwalks and safetp cables that protect co�any workers. As used in this subsection, the term structural elements is defined to mean the major com�onents of an advertisine sien structure includine but not limited to footines bedframes pitch pans towers or unrieht vertical ooles kickers supporting u ro ieht poles horizontal stringers and outri�gers, diaeonal bracing and reinforcine cables DEPARTMENT/OFFICE/COUNCIL: DATE iNTTIATED �3— 9G� Councilmember Chris Coleman 10/22/03 GREEN SHEET No.: 40268 � INl1'IALDATE NiIT[AL/DATE � DEPAR'1'MENC DIIt CITY COUNCb ASSIGN _CITYATTORNEY CIIYCLERK MUST BE ON COUNCiL AGENDA BY (DATE) �7Mggg _FiNANCIAT. SERV DIlL FINANCIAI. SERV/AC(,"I'G gpg MAYOR(ORASST.) _CNII,SERVICECOMI��IISSION ROOTING ORDER TOTAL # OF SIGNA'1'ORE PAGES _(CLIp ALL LOCATIONS FOR SIGNATURE) ncriox �QUFSrEn: Approve resolution establishing a moratorium on billboard renovations pending Plauniug Commission study of proposed Zoning Code amendments. RECOMMENDA'110NS: Approve (A) or Reject (R) PERSONAI, SERVICE CON7'RAGTS MUST ANSWER THE FOLLOWING QUESTIONS: PI,ANNING CONIIvIISSION 1. Has this person/fvm ever worked wder a coniract for this departnent? CTB COMbII'I"1'EE Yes No CNII. SERVICE COMMISSION 2. Has this persodfirm ever been a ciry employee? Yes No 3. Does this persodfirtn possess a skill not nonnally possessed by any cuRent city employee? Yes No Explain all yes answers ou separate sheet and at[ach to green sheet INITIATIlVG PROBLEM, ISSUE, OPPORT[JNTCY (Who, What, When, Where, Why): Recent lawsuits have revealed short-comings in the City's Zoning Code with respect to the definition of repair of billboards as distinct from renovations. Repairs of non-conforming uses are permitted under the State law so it is important that the City's ordinance be clearly stated. avvnNZncES � arrxovEn: Enforcement by City staff will be consistent with State law. DISADVANTAGESIFAPPROVED: NOYIe � DISADVANTAGESIFNOTAPPROVED: NOriO TOTAL AMOUN'[' OF TRANSACTION: $ COST/REVENUG BUDGETED: FONDING SOURCE: ACTIVI7'Y NUMBER: FINANCIALINFORMATION:(EXPLAA�