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.
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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
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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.
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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.
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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.
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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
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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.
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(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.
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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:
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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