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ORD 18-02CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE TO ALLOW USE OF DYNAMIC DISPLAY SIGNS WITHIN THE INS DISTRICT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.A of the City Code is hereby amended to add a license fee for dynamic display signs: Dynamic Display Signs Sec. 7-16-4.13 No Cost Section 2. Chapter 7 of the City Code is hereby amended to add the following provisions: SECTION 16 DYNAMIC DISPLAY SIGNS 7-16-1: Purpose and Intent 7-16-2: Definitions 7-16-3: License Required 7-16-4: Issuance of License 7-16-5: Performance Standards 7-16-6: Administration and Enforcement 7-16-7: Severability 7-16-1: PURPOSE AND INTENT: A. The City has established the fundamental basis for the regulation of signs generally in Section 20-37-1 of the Zoning Ordinance. B. The City finds that dynamic display signs are highly visible from long distances and at very wide viewing angles both day and night and are designed to attract the attention of persons in their vicinity and hold it for extended periods of time and that if the operation of such signs is not regulated, there is potential for significant harm to public health, safety, and welfare. 1 C. It is not the purpose or intent of this Section to regulate the message displayed on any dynamic sign but to: 1. Allow for operation of dynamic signs in compliance with the standards set forth in this Section to lessen the impact of such signs on the environment and the public health, safety, and welfare. 2. Provide for the administration and enforcement of provisions regulating the operation of dynamic display signs as set forth in this Section. 7-16-2: DEFINITIONS: The following words and terms, wherever they occur in this Section, shall be interpreted as herein defined: APPLICANT: The owner, their agent or person having legal control, ownership and/or interest in land for which the provisions of this Section are being considered or reviewed. CHANGEABLE COPY SIGN, ELECTRONIC: A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. ELECTRONIC GRAPHIC DISPLAY SIGN: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or 2 digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. ILLUMINATED SIGN: Any sign which contains an element designed to emanate artificial light internally or externally. MULTIVISION SIGN: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. OFFICIAL SIGN: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty. SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. VIDEO DISPLAY SIGN: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. ZONING ADMINISTRATOR: The person designated by the City Council to be the Zoning Administrator for the City of Otsego. 7-16-3: LICENSE REQUIRED: Display or operation of a dynamic display sign within the City of Otsego shall require approval of a valid license issued by the City pursuant to this Section. 7-16-4: ISSUANCE OF LICENSE: A. Application Form: An application for a license must be submitted by the property owner or their authorized agent on a form provided by the Zoning Administrator. 3 B. Fees. The applicant shall pay the license fee as adopted by the City Council by Ordinance for the application to be accepted. C. Required Information: 1. An application shall be considered complete if it includes the information required in this section. 2. The application shall include the following information: a. Names and addresses of the sign contractor and owners of the sign and lot. b. Written consent of the owner or lessee of any site on which the sign is to be erected. C. The address at which any signs are to be erected. d. The lot, block and addition at which the signs are to be erected and the street on which they are to front. e. Type and size of sign and type of dynamic display. f. The specifications of the signs related to illumination and brightness. g. Specifications for controls needed to regulate the display both for normal operation and in the event of a malfunction. h. Any electrical permit required and issued for the sign. 3. The applicant shall provide any and all other information as may be requested by the Zoning Administrator to determine compliance with this Section. D. Zoning Administrator Review: 1. The Zoning Administrator shall approve or deny an application for a license within (60) days of a complete application being submitted with written notice to be provided to the applicant. 2. Applications found to be in compliance with the requirements of this Section shall be issued a license that shall expire on December 31 of the same year. CI 3. The Zoning Administrator shall state in writing the reasons for an application for a license having been denied. The applicant may resubmit an application for a license in accordance with the procedures in this Section or, within ten (10) days of the Zoning Administrator's decision, submit an appeal in accordance with Section 7-16-6.E.3 of this Section. E. Transferability: Licenses are issued to the applicant only and for one location, and such licenses are nontransferable between property owners, tenants, or locations. F. Expiration: 1. All licenses expire upon the following events, whichever occurs first: a. Removal or replacement of the sign or the dynamic display components specifically, b. Change in property tenant to which the sign is an accessory use. C. Change in property ownership. d. A license is revoked in accordance with Section 7-16-6.D of this Section. 2. An expired license may be renewed only by making application as provided in Section 7-16-4 of this Section. 7-16-5: PERFORMANCE STANDARDS: A. Allowed Signs: Only those dynamic display signs defined and identified herein shall be allowed to be operated within the City in accordance with this Section and the Zoning Ordinance: 1. Electronic changeable copy signs. 2. Electronic graphic display signs. B. The operation of a dynamic display sign allowed by this Section shall conform to the following requirements: 1. The display shall change display not more often than once every six (6) minutes. 2. The display sign shall not include scrolling, flashing, animation, or other effects. E 3. The display must be static and the transition from one static display to another must be instantaneous without any special effects. 4 The display must be complete in themselves, without continuation in content to the next image or message. 5. Brightness: a. The brightness of the sign shall not exceed 5,000 NITS after sunrise and before sunset or 500 NITS after sunset and before sunrise each day. b. The sign shall be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to comply with this condition. 6. Malfunctions: 1. The display must be designed and equipped to freeze the device in one position if a malfunction of the electronic display occurs. 2. The display must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the electronic display when notified by the City that it is not complying with the stipulations of this section. 7. The sign shall comply with Section 37 of the Zoning Ordinance. 7-16-6: ADMINISTRATION AND ENFORCEMENT: A. This Section shall be administered by the Zoning Administrator. B. Inspections. 1. Any licensee shall, at all times during the term of the license, allow the Zoning Administrator to enter the premises for the purpose of verifying compliance with the requirements of this Section. 2. The licensee shall provide certification as to compliance with Section 7-16- 7.13.5 of this Section to the City upon request by the Zoning Administrator. C. Suspension. The Zoning Administrator may suspend a license for a period not to exceed thirty (30) days following written notice and an opportunity to be heard if 2 the Zoning Administrator determines that a licensee has violated or is not in compliance with this Section. D. Revocation: 1. Notice: The Zoning Administrator shall issue a written statement of intent to revoke a license if a cause of suspension in Section 7-16-6.D.2 of this Section occurs. 2. Basis For Revocation: The Zoning Administrator may initiate action to revoke a license if the Zoning Administrator determines that: a. The license has been suspended two (2) times within the preceding twelve (12) months. b. A licensee has knowingly operated an electronic sign during a period of time when the licensee's license was suspended. C. A licensee is delinquent in payment to the City for ad valorem taxes or other taxes or fees related to business. 3. Process: a. Within ten (10) days of receipt of such notice of suspension or intent to revoke, the licensee may provide to the Zoning Administrator, in writing, a response that shall include a statement of reasons why the license should not be suspended or revoked. b. Within three (3) days of the receipt of licensee's written response, the Zoning Administrator shall notify respondent in writing of the hearing date on licensee's suspension or revocation proceeding. C. Appeal and Hearing: (1) Within thirty (30) working days of the receipt of licensee's written response, the City Council shall conduct a hearing on licensee's appeal of the Zoning Administrator's decision. (2) Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in its behalf. (3) At the conclusion of the hearing, the City Council shall make a final decision. 7 (a) If a response is not received by the City in the time stated or, if after the hearing, the City Council finds that grounds as specified in this Section exist for suspension or revocation, then such suspension or revocation shall become final three (3) days after the City sends written notice that the license has been suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction. (b) If the City Council finds that no grounds exist for denial, suspension, or revocation of a license, then within three (3) days after the hearing, the Zoning Administrator shall withdraw the intent to suspend or revoke the license, and shall so notify the licensee in writing of such action. 7-16-7: SEVERABILITY: If any section, sentence, clause, or phrase of this section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted the Section and each subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Section 3. Section 20-37-4.13 of the City Code is hereby amended to read as follows: B. Prohibited Signs. The following signs are prohibited: 1. Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal unless required by this Chapter or the City Code. 2. All signs over two hundred (200) square feet in area, except within the INS district. 3. Off premises signs. 4. Balloon signs. �3 5. Content classified as 'obscene" as defined by Minnesota statutes section 617.241. 6. Dynamic display signs, including but not limited to electronic changeable copy, electronic graphic display, and/or video display signs except as specifically allowed by this Chapter. 7. Flashing signs. 8. Motion signs. 9. Multivision signs. 10. Portable signs including Signs on or attached to equipment such as vehicles, semi -truck trailers or other portable trailers where signing is a principal use of the equipment on either a temporary or permanent basis. 11. Roof signs. 12. Rotating signs. 13. Shimmering signs. 14. Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures. 15. Only those signs installed at the direction of the Minnesota department of transportation, Wright County or the City of Otsego shall be located within public rights-of-way. Section 4. Section 20-37-6.D of the City Code is hereby amended to read as follows: D. Changeable Copy Signs: 1. For commercial and industrial uses, one (1) sign with a maximum area of forty (40) square feet of changeable copy sign (but not including electronic changeable copy signs) shall be allowed per site provided that the changeable copy area of the sign is integrated into the allowed freestanding sign for the respective zoning district. 2. Within the INS District, one (1) dynamic display sign may be allowed provided that: E a. Operation: The operation of the electronic sign shall require issuance of a license pursuant to Chapter 7, Section 16 of the City Code. b. Location: (1) The sign shall be displayed only in a yard abutting an arterial, residential collector, or commercial/industrial collector street as defined by the Comprehensive Plan. (2) The sign shall be set back a minimum of fifty (50) feet from any side or rear lot line abutting a residential district. C. Sign Structure: (1) The electronic dynamic display shall be incorporated as part of the freestanding sign allowed by Section 20-37-5.E of this Chapter. (2) The sign including the dynamic display element shall be a monument sign constructed as follows with a base extending horizontally for a minimum of the entire width of the sign face; the sign base and supporting material constructed of stone, brick, or decorative masonry shall be equal to at least forty (40) percent of the total sign area, but shall not be counted toward the sign area and shall not contain any sign copy. (3) The total height of the sign structure including the base shall not exceed sixteen (16) feet. Section 5. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Warehime SECOND BY: Heidner ALL IN FAVOR: Stockamp, Heidner, Warehime, Tanner, Darkenwald THOSE OPPOSED: None lut ADOPTED by the City Council of the City of Otsego this 9t" day of April, 2018. P ,4 ATTEST: Tami Loff, City Clerk 11 CITY OF OTSEGO BY: 0we? �3"4/R-- v Jessica L. Stockamp, Mayor SUMMARY OF ORDINANCE NO.: 2018-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE TO ALLOW USE OF DYNAMIC DISPLAY SIGNS WITHIN THE INS DISTRICT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.A of the City Code is hereby amended to add a license fee for dynamic display signs. Section 2. Chapter 7 of the City Code is hereby amended to add the following provisions: SECTION 16 DYNAMIC DISPLAY SIGNS 7-16-1: Purpose and Intent 7-16-2: Definitions 7-16-3: License Required 7-16-4: Issuance of License 7-16-5: Performance Standards 7-16-6: Administration and Enforcement 7-16-7: Severability Section 3. Section 20-37-4.13 of the City Code is hereby amended to modify provisions related to prohibition of dynamic display signs. Section 4. Section 20-37-6.D of the City Code is hereby amended to add provisions allowing dynamic display signs for uses within the INS District. Section 5. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Warehime SECOND BY: Heidner 1 ALL IN FAVOR: Stockamp, Heidner, Warehime, Tanner, Darkenwald THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 9tH day of April, 2018. CITY OF OTSEGO BY. !�4 Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk, Otsego City Hall, 13400 90TH Street NE, Otsego, Minnesota 55330 during regular office hours. I7 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- pers) known as: Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 04/14/2018 and the last insertion being on 04/14/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: a Gz Designated Agent Subscribed and sworn to or affirmed before me on 04/14/2018 by Darlene MacPherson. Notary Public PAULIN LEE x' Notary Publlo•Minnesota r+rn.h My Comm1e014n Expirpq .lan 3t, 2p21 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 804025 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA SUMMARY OF ORDINANCE NO.: 2018-02 AN ORDINANCE AMENDING THE CITY CODE TO ALLOW USE OF DYNAMIC DISPLAY SIGNS WITHIN THE INS DISTRICT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.A of the City Code is hereby amended to add a license fee for dynamic display signs. Section 2. Chapter 7 of the City Code is hereby amended to add the following provisions: SECTION 16 DYNAMIC DISPLAY SIGNS 7-16-1: Purpose and Intent 7-16-2: Definitions 7-16-3: License Required 7-16-4: Issuance of License 7-16-5: Performance Standards 7-16-6: Administration and En- forcement 7-16-7: Severability Section 3. Section 20-37-4.13 of the City Code is hereby amended to modify provisions related to pro- hibition of dynamic display signs. Section 4. Section 20-37-6.13 of the City Code is hereby amended to add provisions allowing dynamic display signs for uses within the INS District. Section 5. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Warehime SECOND BY: Heidner ALL IN FAVOR: Stockamp, Held- ner, Warehime, Tanner, Darkenwald THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 9th day of April, 2018. CITY OF OTSEGO BY: Jessica L. Stockamp Mayor ATTEST: Tam! Loff City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is pub- lished in summary form. Complete copies of the ordinance are avail- able for inspection by contacting the City Clerk, Otsego City Hall, 13400 90TH Street NE, Otsego, Minnesota 55330 during regular office hours. Published in the Star News April 14, 2018 804025