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07-742-14-07 Substitute w/amendments noted. CITY Presented By Council File # 07-74 Green Sheet # 3036432 An ordinance pursuant tolGIinn. Stat. § 462.355, Subd. 4 to preserve the status quo pending the completion and report of a study and possible action on the study including amending the City's zoning ordinances regulating advertising signs as they may pertain to retrofitting existing advertising signs with new "digital" or "electronic" panels THE COUNCIL OF THE CITY OF SAIIVT PAUL DOES ORDAIN: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Section 1 � '���!Ss„� � ��' �l Statement of Legislative Intent: The Council of the City of Saint Paul finds that it is once again necessary to preserve the status quo regarding the City's regulation of advertising signs which are more commonly refened to as "billboards." The Council finds that the outdoor advertising sign industry has begun to reface existing billboard panels and replaced existing billboard and billboazd structures with new, electronic panels some of which include digital technology. Digital technology permits billboards to display an electronic image similar to a color television set. Digital technology further permits the image displayed on the electronic billboard to quickly change from one image to another. The Council finds that a billboard that has been resurfaced or replaced with electronic panels utilizing digital technology does, or arguably may, substantially expand the impact of that billboard on surrounding lands and uses. The Council finds that it is therefore necessary to study the impact of these new electronic billboards to determine whether there may be safety and aestheUc implications created by this type of billboard that would be detrimental to the public health, welfare and safety. The Council notes that the City's zoning code presently regulates "flashing" signs by prohibiting them throughout the City and regulates "electronic message" signs by prohibiting them from residential zoning districts and pernutting them only in certain business and industrial districts provided that the sign meets separation and display requirements. However, the Council finds that the City's existing definitions and regulations as set forth in the zoning code may need to be amended to codify its existing intent and purpose and also may be inadequate to regulate existing billboazds retrofitted or replaced with the new digital technology. Therefore, the Council finds that a planning study is necessary to deternune whether the City's existing zoning regulations are adequate to regulate advertising signs utilizing digital technology or whether it is necessary to adopt new regularions dealing with signs utilizing digital technology. Accordingly, it is the desire of the Council of the City of Saint Paul to establish under this interim ordinance, a moratorium protecting the general health, welfare and safety of the public and preserving the status quo with respect to retrofitting existing billboards with new digital or electronic panels, pending the conclusion of a zoning study on the same and until such time as 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 v�=�� the study has been reported to the Council and the effective date of any Council action on any recommendations arising therefrom, by immediately prohibiting the issuance of any building or zoning pernut necessary to so retrofit or replace any existing advertising or business sign within the boundaries of the City. Section 2 Moratorium Imposed Moratorium Imposed: on any parcel of land, lot, or part thereof within the boundaries of the City pending the completion of the said zoning study noted in SecUOn 1 and action by the City Council on the said study, the issuance or approval of zoning and building permits for retrofitting or replacine any advertising sign or anv new business sign with new digital or electronic technology of any type capable of creating electronic images on signs as discussed above, is prohibited until the expiration of twelve months or until such earlier time as the City Council has taken action on the recommendations contained in the said study. Section 3 Moratorium. Effective Date: The effective date of the moratorium enacted under this interim ordinance is deemed to be as of the effective date of an accompanying Resolution pertaining to the same subject. Section 4 Effective Date of Interim Ordinance to Supercede and Discharee the Council's Resolution Pertainina to the Same Matter: This interim ordinance shall take effect and be in force 30 days from and after its passage, approval and publication. Pending the effective date of this interim ordinance, applications regazding pernuts for retrofitting or replacing any advertising si�n or � new business sign with new digital or electronic technology of any type capable of creating electronic images on signs, as discussed is in Section 1, within the boundaries of the City and regulated by this interim ordinance, shall be processed in conformance with the terms and conditions set forth in a companion Resolution. As of the effective date of this interim ordinance, the terms of the companion Resolution shall be discharged without additional action of this Council. �f� oz Req�ested by Departmeut of Aao By: APP By. By: Fotm Approved by City Attomey By: �W Wrnivr�r— 2'�3"c'� Foxm Approved by Mayor for Submission [o Council By: ����� CMY\ 1 3 �07 Adopted by Council: Date Z Z��� o�=�� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � co ��� Contact Person & Phone: Coundl Presiden[ Lantry zss-as�o Must Be on 24-JAN-06 Doc. Type: ORDiNANCE E-Document Required: Y DocumentConWCt: EllenBiales ContactPhone: 266-8671 Z4-JAN-07 � Assign Number For Routing Order ToWI # of Signature Pages _(Clip All Lowtions for Signature) Green Sheet NO: 3036432 0 Council I 1 Counc� I Deo�ent D'aecror 2 'ty Clerk I I 3 4 I s An ordinance preserving the status quo pending the completion and report of a study and possible action on tkie study including amending the Ciry's zouing ordinances regularing advertising signs as they may pertain to reh�ofitting existing advertising signs with new "digital" or "eleckonic" panels. � itlations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a conVact for this department? CIB CommiHee Yes No Civil Service Commission 2. Has this person(firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any curtent city employee? Yes No Expiain all yes answers on separate sheet and atWCh to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: DisadvanWges If Not Approved: Trensaction: Funding Source: Fi nancial lnformation: (Explain) Activity Number: CosVRevenue Budgeted: January 25, 2007 10:04 AM Page 1 o�= �� Interdepartmental Memorandum CITY OF SAINT PAUL DATE: February 13, 2007 TO: Council Member Thune FROM: Peter Warner, CAO RE: Proposed Amendments to the Electronic Billboard Interim Ordinance set on for public hearing on February�; 2007 �/ Council member Thune: Attached please find some proposed amendments for the Council's consideration regarding tomorrow's public hearing to consider the interim ordinance regulating electronic billboards. The amendments are suggested by zoning staff and are requested by them as a way to clarify the type of signage activity the City desires to regulate during the period the interim ordinance, if it is adopted, is in effect. I agree with the recommendations and have signed off of the recommendations "as to form.". Accordingly, I have incorporated the recommendations into the attached ordinance which you may, if you so desire, offer as a substitute at tomorrow's hearings. The amendments do not substantively modify the reach of the interim ordinance. Therefore, no addifional public hearings are required based upon the amending language proposed in the attached subsUtute. Finally, the additions are noted by underlined text. There is also a deletion noted by stri#eetif text which conects a typo I failed to catch in the first draft submitted. If you have any questions, please do not hesitate to contact me. PW W cc: Jerry Hendrickson, CAO AA-ADA-EEO Employer � Suspension 1/24/07 ORDINANCE Council File # 07-74 GreenSheet# 3036432 An ordinance pursuant to Minn. Stat. § 462355, Subd. 4 to preserve the status quo pending the completion and report of a study and possible action on the study including amending the City's zoning ordinances regulating advertising signs as they may pertain to retrofitting existing advertising signs with new "digital" or "electronic" panels 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Statement of Le�slative Intent: The Council of the City of Saint Paul finds that it is once again necessary to preserve the status quo regarding the City's regulaUon of advertising signs which are more commonly referred to as "billboards." The Council finds that the outdoor advertising sign industry has begun to reface existing billboard panels with new, electronic panels some of which include digital technology. Digital technology permits billboards to display an electronic image similar to a color television set. Digital technology further permits the image displayed on the electronic billboard to quickly change from one image to another. The Council finds that a billboard that has been resurfaced with electronic panels ufilizin� digital technology does, or azguably may, substantially expand the impact of that billboard on surrounding lands and uses. The Council finds that it is therefore necessary to study the impact of these new electronic billboards to determine whether there may be safety and aesthetic implications created by this type of billboard that would be detrimental to the public health, welfare and safety. The Council notes that the City's zoning code presently regulates "flashing" signs by prohibiting them throughout the City and regulates "electronic message" signs by prohibiting them from residential zoning districts and permitting them only in certain business and industrial districts provided that the sign meets separation and display requirements. However, the Council finds that the City's existing definitions and regulations as set forth in the zoning code may need to be amended to codify its existing intent and purpose and also may be inadequate to regulate existing billboards retrofitted with the new digital technology. Therefore, the Council finds that a planning study is necessary to determine whether the City's existing zoning regulations are adequate to regulate advertising signs utilizing digital technology or whether it is necessary to adopt new regulations dealing with signs utilizing digital technology. Accordingly, it is the desire of the Council of the City of Saint Paul to establish under this interim ordinance, a moratorium protecting the general health, welfare and safety of the public and preserving the status quo with respect to retrofitting existing billboazds with new digital or electronic panels, pending the conclusion of a zoning study on the same and until such time as 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 the study has been reported to the Council and the effective date of any Council action on any recommendations arising therefrom, by immediately prohibiting the issuance of any building or zoning pernvt necessary to so retrofit any existing advertising or business sign within the boundaries of the City. Section 2 Moratorium Imuosed 1Vloratorium Imposed: on any parcel of land, lot, or part thereof within the boundaries of the City pending the compietion of the said zoning study noted in Section 1 and action by the City Council on the said study, the issuance or approval of zoning and building pernuts for retrofitting any advertising or business sign with new digital or electronic technology of any type capable of creating electronic images on signs as discussed above, is prohibited until the expiration of twelve months or until such eazlier time as the City Council has taken action on the recommendations contained in the said study. Section 3 Moratorium. Effective Date: The effective date of the moratorium enacted under this interim ordinance is deemed to be as of the effective date of an accompanying Resolution pertaining to the same subject. Section 4 Effective Date of Interim Ordinance to Supercede and DischarEe the Council's Resolution Pertainin�to the Same Matter: This interim ordinance shall take effect and be in force 30 days from and after its passage, approval and publication. Pending the effective date of this interim ordinance, applications regazding permits for retrofitting any advertising or business sign with new digital or electronic technology of any type capable of creating electronic images on signs, as discussed is Section 1, within the boundaries of the City and regulated by this interim ordinance, shall be processed in conformance with the terms and conditions set forth in a companion Resolution. As of the effective date of this interim ordinance, the terms of the companion Resolution shall be discharged without additional action of this Council. 07-74 Requested by Depamnent oP Adopfion Certified by Comcil Secreiary By: Approved by Mayor: Date By: By: Form Approved by City Attomey B �.�G✓1-J�„�..�- 1-zY-�� Form Approved by Mayor for Submissiou to Couucil By. Adopted by Council: Da[e