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ZN10-1 SignsMarch 23, 2010 Nancy, Planner Proposed Action Staff recommends the following motion: move to adopt Resolution RZ10 -2, recommending denial of proposed Ordinance 10- 1015, amending the sign ordinance to allow electronic changing signs to change every eight seconds. Overview The City has received an application for a zoning amendment from Holiday Companies for an electronic message center below the gas price sign. Although Holiday wants to change their sign, the amendment would affect more than their location. Holiday currently has a manually changeable sign on their pylon at the southwest corner of Excelsior Boulevard and 11t Avenue South. Holiday has submitted a proposed amendment, and it is narrowly focused on permitting this type of signage with limitations in the B -3 zoning district. The existing sign ordinance states the following: "Changeable copy sign - a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Changeable copy signs do not include signs upon which characters, letters or illustrations change or rearrange only once in a 24 -hour period. Holiday could put up an electronic message center that allowed the sign to change once in a 24- hour period. Holiday is proposing that the sign change every eight seconds. Attached is the proposed language from Holiday. Primary Issues to Consider • What is the proposed amendment? What additional information has been submitted since the February meeting? What changes were made to the proposed ordinance? What is the staff recommendation? Supporting Documents • Analysis of Issues • Sign Plans Resolution RZ10 -2 Ordinance 10 -1015 Anderson, AICP Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): HO ZONING ORDINANCE AMENDMENT — SIGNS Planning Report ZN10 -1' ZN10 -1 Page 2 Primary Issues to Consider. • What is the proposed amendment? The proposed amendment would allow electronic changeable signs that change every eight seconds, and these signs would be allowed in the B -3 zoning district abutting State and County roads. The existing ordinance allows electronic signs, but they can change only once every 24 hours. • What additional information has been submitted since the February meeting? Attached are the ordinances from Minneapolis and St. Paul. The ordinances allows electronic signs to change every eight and 12 seconds respectively. The ordinances also have areas where the electronic signs can change every hour or 20 minutes. Attached is a city news release from the City of Eagan allowing electronic signs to change every 20 minutes. This change in Eagan occurred in 2007. • What changes were made to the proposed ordinance? The following additional language was added: • Limit the operation of the sign to the hours when the business is open • Require that there is no sound emitted from the sign • Require the electronic sign to be the lowest panel on the sign • What is the staff recommendation? Staff is recommending denial of the proposed ordinance. The applicant can erect this type of sign now, and it can change once every 24 hours. Alternatives 1. Recommend approval of the amendment to the zoning ordinance. By recommending approval of the amendment to the zoning ordinance, the City Council will consider a recommendation of approval. 2. Recommend denial of the amendment to the zoning ordinance. By recommending denial of the amendment to the zoning ordinance, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. Distance Travelled During 8 and 12 Second Message Durations 12 sec 528 ft 20 Goo e , otuc ica Surge 12 sec 703 ft 40 MPH ir 1 a er date: Feb 28 2 006 44 ' 4 3" N 4 "S2 eIev 0 46, roil s ro 0 0 0 CIO eD 0 by f9 e9 0+ er e-r E eo 0 n CD 0 va 0 37 Sec. 64.104. B. 38 39 40 41 42 43 44 45 46 47 Sec. 64.107. E. 65 through any method other than physically removing and replacing tho sign or its components, whether such display that incorporates a technology or method allowing the sign face to change thc images without having to replace thc sign faco or its components physically or mechanically. This also includes any rotating, revolving, through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays, except for time and temperature displays that occupy less than twenty (20) percent of tho billboard face. 48 Electronic message sign. A sign which allows for periodic changes in copy or symbols by electronic moans. 49 Sec. 64.108 F 50 Flashing sign. An illuminated sign on which the illumination is not kept stationary or constant in intensity or color 51 at all times when the sign is in use. An Signs with dynamic display and time and /or temperature signs are electronic 52 message sign is not considered to be a flashing signs. 53 Sec. 64.121. S. 54 Sign with dynamic display. Any sign capable of displaying words, symbols, figures or images that can be 55 electronically or mechanically moved or changed by remote, automatic or electronic means. Signs providing only 56 time and /or temperature information are not considered to be signs with dynamic display for regulatory purposes. 57 Sec. 64.302. Nonconforming advertising signs; conversion to billboard with dynamic display. 58 (b) Except in a B4 or B5 zoning district, a legally nonconforming, illuminated billboard may be converted to a 59 billboard with a dynamic display if the following conditions are inet: 60 (2) The billboard is located at least one (1) mile measured lineally along the freeway from any other 61 billboard with dynamic display designed to be read by drivers heading in the same direction on the 62 highway. 63 (c) In addition to the other regulations in this chapter, a billboard with a dynamic display shall conform to the 64 following operational standards: (1) (2) All alpha - numeric copy must be at least fifteen (15) inches high. 66 The images and messages displayed must be static, and the transition from one static display to another 67 must be direct and immediate without any special effects. ( Each image and message displayed must 68 be complete in itself, and may not continue on the subsequent one. (-4) Each image and message must 69 remain constant for at least twelve (12) seconds before changing to the next one. 70 (5) No sign may be brighter than necessary for clear and adequate visibility. 71 (6) No sign may be of such intensity or brilliances as to impair the vision of a driver with average eyesight 72 or to otherwise interfere with drivers' operation of their vehicles. 73 (7) No sign may be of such intensity or brilliance thfit interferes with the effectiveness of 74 75 76 77 78 79 80 09 - 1015 city traffic engineer. ... . mic display, on which more than twenty (20) percent of the sign face is ambient conditions. It must also b immediately if it malfunctions, and tho sign owner or operator must turn off the sign or lighting immediately upon notification by-hat sign malfunctions aro causing it to be out of compliance • 126 (4) For stable text and/or stable images, the transition from one static display to another must be direct and 127 immediate without any special effects except for fading and dissolving that takes less than one (1) 128 second 129 (5) D'namic display text on business and identification signs - . - - . . shall be 130 monochromatic. Dynamic display ima•es ma be full color. 131 (6) Signs with dynamic display shall not emit sound except for those at drive - through sales and services as 132 allowed under section 65.513. 133 (7) Other modes of displaying messages are prohibited. Modes which cause the message to flash are 134 prohibited. 135 Sec. 64.420. Advertising signs. 136 (b) Professional sports facility. At a professional sports facility with permanent seating for more than ten thousand 137 (10,000) spectators and located in a B4 -B5 Business or IR -I2 Industrial zone, one (1) or two (2) advertising 138 signs are permitted as an accessory use subject to the following standards: 139 (6) For signs with dynamic display elect : , the modes of display of messages shall 140 conform to the requirements in section 64.405 611.504((a)(5)(c), Flashing modes are not permitted. 141 Sec. 64.502. RL through RM3 residential districts. 142 (a) Identification signs: 143 (4) For parks, community centers, and religious, civic, educational or philanthropic institutions, one (1) 144 identification sign, not exceeding a total of thirty (30) square feet in area for each street frontage, and 145 one (1) bulletin board not exceeding a total of thirty (30) square feet in area. Such bulletin board signs 146 may have-electronically changeable text, but shall not fade in and out, scroll, or flash be signs with 147 dynamic display, which shall be monochromatic, shall not scroll or change their displays faster than 148 every twenty (20) minutes, and shall be turned off between 10:00 PM and 7:00 AM. 149 (7) Signs with dynamic display are not pennitted in residential zoning districts except as provided in Sec. 150 64.502(a)(4). 151 Sec. 64.503. TN1 - -TN3 traditional neighborhood and OS - -BCB1 business districts. 152 (a) Business and identification signs: 153 (1) The sum of the gross surface display area in square feet of all business and identification signs on a lot 154 shall not exceed one times the lineal feet of lot frontage, or seventy -five (75) square feet, whichever is 155 greater. 156 (2) No business or identification sign shall be located in a required yard except for one freestanding sign. 157 Freestanding signs may project into the public right -of -way up to eighteen (18) inches. 158 (6) Signs -with Dynamic displays shall be monochromatic, shall not scroll or change their displays faster 159 than every twenty (20) minutes, and shall be turned off between 11:00 PM and 7:00 AM or after 160 business hours, whichever is later. _161 Sec. 64.504. B€ B2 - -B3 business and IR industrial districts. 162 (a) Business and identification signs: 163 (5) 164 165 166 167 168 169 In the B2 district, signs -with dynamic displays shall be monochromatic if located within one hundred (100) feet of a residential use, measured_frorn the sign to the neare t residential .r• e ix line shall not scroll or change their displays faster than every twenty (20) minutes, and shall be turned off between 11:00 PM and 7:00 AM or after business hours, whichever is later. Electronic mcssa: 'a l be such as time, temperature, stock averages and the like, arc permitted in the B2 district. Electronic 09 -1015 Minneapolis 10/12/09 543.330. Changeable copy sign, dynamic. (a) In general. The dynamic changeable copy sign shall be limited to letters or numbers only. The background of the dynamic changeable copy sign shall be black and the text shall be colored. (b) Number of signs. There shall not be more than one (1) dynamic changeable copy sign located on a zoning lot. (c) Location. The dynamic changeable copy sign shall be located on a primary building wall or be part of a freestanding sign. (d) Size. The maximum size of the dynamic changeable copy sign shall be sixteen (16) square feet. Dynamic changeable copy signs shall be included in the calculation of the total permitted sign area. (e) Height. Notwithstanding Tables 543 -2, Specific Standards for Signs in the OR2, OR3 and Commercial Districts, 543 -3, Specific Standards for Signs in the Downtown Districts, and 543 -4, Specific Standards for Signs in the Industrial Districts, the maximum height of a dynamic changeable copy sign attached to a building shall be fourteen (14) feet, or top of wall, whichever is less. (f) Duration of message. The copy of the dynamic changeable copy sign shall remain static for a period of not less than one (1) hour. (g) Luminance. Between 7:00 a.m. and 7:00 p.m. the maximum luminance shall be five thousand (5,000) nits and between 7:00 p.m. and 7:00 a.m. the maximum luminance shall be five hundred (500) nits. (2009 -Or -056, § 11, 7- 17 -09) 543.340. Dynamic signs. (a) In general. Except where allowed as -of -right in the Downtown Entertainment Area, dynamic signs may be allowed as a conditional use, subject to the provisions of Chapter 525, Administration and Enforcement, and the following: (b) Number of signs. There shall not be more than one (1) dynamic sign located on a zoning lot. (c) Location. The dynamic sign shall be located on a primary building wall. (d) Height. Notwithstanding Tables 543 -2, Specific Standards for Signs in the OR2, OR3 and Commercial Districts, 543 -3, Specific Standards for Signs in the Downtown Districts, and 543 -4, Specific Standards for Signs in the Industrial Districts, the maximum height of a dynamic sign attached to a building shall be fourteen (14) feet, or top of wall, whichever is less. (e) Size. Dynamic signs shall not exceed thirty -two (32) square feet. Dynamic signs shall be included in the calculation of the total permitted sign area. (f) Duration of message. The sign message shall remain static for a period of not less than eight (8) seconds. (g) Luminance. Between 7:00 a.m. and 7:00 p.m. the maximum luminance shall be five thousand (5,000)_nits and between 7 p m and 7:00 a.m. the maximum luminance shall be five hundred (500) nits. (2009 -Or -056, § 11, 7- 17 -09) r Hopkins Amendment to Allow Dynamic Signs 12/3/09 A. Definition Sign with dynamic display, dynamic changeable copy sign. An electronic changeable copy sign capable of displaying and by remote or automatic means changing or rearranging the words, symbols, figures or images it displays. B. Location District B - Frontage on a public street or streets At least 500 ft. Extent of Commercial /Industrial district Frontage on roadway Area of contiguous zoning Location. The dynamic sign may be located on a freestanding sign C. Number and area of dynamic signs 1. Number of dynamic signs. There shall not be more than one (1) dynamic sign located on a zoning lot. 2. Maximum display area of dynamic signs. The sign area of a dynamic display Dynamic signs shall not exceed thirty -two (32) square feet. The area of dynamic signs shall be included in the calculation of the total permitted sign area. D. Operation of dynamic signs. 1. Character of the message and display. Signs with dynamic display must only contain static and stable text and /or images. Other modes of displaying messages, including scrolling, are prohibited. Modes of display which cause the message to flash are prohibited. 2. Duration of the message. Any message on the display shall remain static or stable for a period of not less than eight (8) seconds. The interval between serial messages or changes of the display shall be at least eight (8) seconds. 45 mph = 66 ft /second; 30 mph = /111 ft /second 8 seconds @ 45 mph = 528 ft; 8 seconds @ 30 mph = 352 ft 12 seconds @ 45 mph = 792 ft; 12 seconds @ 30 mph = 528 ft. 3. Transition between messages. The transition from one static and stable display to another must be direct and immediate without any special effects including fading and dissolving. 4. Maximum brightness and illumination. Dynamic signs shall be restricted in their illumination and brightness so that no sign with dynamic display may exceed a maximum illumination of .3 foot candles above ambient light levels as measured from one hundred (100) feet from the sign's face. All signs with dynamic displays must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to comply with this requirements. If there is a violation of the brightness standards, the adjustment must be made within one (1) business day upon notice of noncompliance from the city 5. MaIfunctioning_yfamic signs. Signs with dynamic displays must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Signs with dynamic displays must also be equipped with a means to immediately discontinue the display if it malfunctions, 6. Operation of a dynamic sign not in compliance with these regulations. The sign owner or operator must immediately turn off the display within one (1) hour of notification by email from the city that it is not complying with the standards of this ordinance. Also, we respectfully request an amendment to our request to reduce the minimum frontage from the initially proposed minimum of 500 ft of frontage to 370 ft. As I was calculating the frontage for the Auto Mall and Wendy's I realized I did not use the correct frontage for the Holiday Stationstore. The reduced minimum of 370 ft rather than 500 ft will allow effective use of an EMC at Holiday and Tuttle's on Shady Oak Rd. Reducing the minimum qualifying frontage further would include the additional properties as noted in the descriptions of the qualifying areas. I am encouraged by the results of the review. There were no surprises at the 370 ft minimum frontage. I think we have been conservative and accomplished our goal of restricting the initial effective EMC's to only the most commercially developed districts and to only the most compatible sites in those areas. Thanks, Mike \ 0 = 4 t » © § \ � & 4. O 4. N Cr) Cr) a�i O 0 O O 0 0 o z o a) U • 3 r x 2 P. o y o -o cvs cd • i. o N cd . >, by 4. 0 x x O O • a 7r IDA al • Y 0 O 0 cn 4-, = o 4- o O ' I... w Y cn ° o M U U at • E- Y $.4 Pr O N x U o rd o 00 0 r �