ORD 05-21ORDINANCE NO. 2005-21
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING THE
APPROVAL OF SIGN PERMIT APPLICATIONS
THE CITY COUNCIL OF THE CITY OTSEGO HEREBY ORDAINS:
SECTION 1. Purpose and Intent. The intent of this ordinance is
to allow the City of Otsego time to review its sign ordinances.
SECTION 2. Background and Findings. The time needed for
review of the sign ordinances and regulations is necessary for the following
reasons:
■ Lawsuits have been filed against the City of Hopkins and the City of Eden
Prairie challenging the constitutionality of their sign ordinances.
■ The lawsuit involving the City of Hopkins (Advantage Media, LLC, et al. v.
City of Hopkins, U.S. Dist. Ct. File No. 04-04959), has so far resulted in
the U.S. District Court Judge declaring the city's entire sign ordinance
unconstitutional.
Based upon legal actions initiated against the Cities of Hopkins and Eden
Prairie, as well as other cases, and the need to continually evaluate and
update City ordinances, the City Council has directed City staff to review
the Otsego Sign Ordinance and make recommendations as to
modifications to the Sign Ordinance resulting from their study and
investigation.
■ Minnesota Statutes, Section 462.355, Subd. 4 authorizes the City of
Otsego to adopt an interim ordinance which imposes a moratorium on
building and/or development activities in the city while the city considers
modifications to its comprehensive plan or official controls.
SECTION 3. Moratorium. For the purpose of protecting the
planning process pending completion of modified ordinances, regulations and
Official Controls regarding signs in the City of Otsego, a moratorium is hereby
adopted on the construction, installation and display of all signs in excess of eight
(8) square feet in area. The City of Otsego will not accept applications for sign
permits during the period of the moratorium. This moratorium does not apply to
signs in place as of the effective date of this ordinance.
SECTION 4. Effective Date. This ordinance shall take effect upon
passage and shall remain in effect until it is repealed by resolution in conjunction
with the date of adoption of the Official Controls contemplated hereunder or 10
January 2006, whichever first occurs. The ordinance may also subsequently be
amended to extend the effective date.
ADOPTED this 10th day of October, 2005, by the City Council of the City
of Otsego, Minnesota.
CITY OF OTSEGO
ATTEST: (A
Judy u son, Ci y Clerk/Zoning Administrator
Published: Elk River Star News 10-19-05