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IV. 3. Second Reading - Electronic Signs; LindahlMEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Date: September 15, 2020 Subject: Second reading of Ordinance 2020-1157 amending the City Code related to dynamic (electronic) signs and authorizing its publication Proposed Action Move to adopt Resolution 2020-047 approving the second reading of Ordinance 2020-1157 amending the City Code related to dynamic (electronic) signs and authorizing its publication. Overview This zoning code text amendment was initiated by staff to revise and enhance the City’s zoning regulations for dynamic (electronic) signs. The version of the ordinance before the City Council for the second reading is essentially the same as approved during the first reading. The City Council adopted a motion to approve the first reading of this item on September 1, 2020. Prior to that action by the City Council, the Planning & Zoning Commission held a public hearing and recommended the City Council approve this item on August 25, 2020. Should the City Council approve the second reading of this ordinance, it will make the following changes and take effect upon publication scheduled for September 24, 2020. • Allow electronic signs on public and institutional uses in residential zoning districts subject to approval of a conditional use permit. • Decrease the minimum display time from 24 hours to 20 minutes. • Add text size, mode, brightness and other operational standards. When discussing this item during the first reading, the City Council asked staff to research if dynamic signs could be programed so that their message would not change overnight (for example, between the hours of 10:00 PM to 7:00 AM). Staff contacted Dan Dahlen of Dahlen Sign Company who also provided other comments on the proposed dynamic sign changes on behalf of Gethsemane Church, which were included in the first reading staff report. Mr. Dahlen confirmed that dynamic sign could be programed so that the message did not change overnight. It should be noted that the current ordinance does not include this standard. If the City Council wishs to include a standard like this, they must include in the motion direction to staff to make this change. Should the City Council decide to include a standard prohibiting dynamic signs from changing overnight, staff recommends this standard be targeted to those signs adjacent to a residential use or zoning district. Under such a standard, dynamic signs that are adjacent to commercial, business park or industrial uses or zoning district would be allowed to change their message overnight every 20 minutes. Attachments • Resolution 2020-047 • Ordinance 2020-1157 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2020-047 A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2020-1157 AMENDING THE CITY CODE RELATED TO DYNAMIC SIGN STANDARDS AND AUTHORIZING ITS PUBLICATION WHEREAS, the City of Hopkins initiated an application to amend the City Code related to dynamic sign standards; and WHEREAS, the procedural history of the application is as follows: 1. That an application to amend the City Code related to dynamic sign standards was initiated by the City of Hopkins on July 24, 2020; and 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing to review such application on August 25, 2020 and all persons present were given an opportunity to be heard; and 3. That written comments and analysis of City staff were considered 4. That during the August 25, 2020 regular meeting of the Hopkins the Planning & Zoning Commission, it adopted a motion to recommend the City Council approve this item. 5. That the Hopkins City Council reviewed this item during their September 1, 2020 meeting and adopted a motion approving the first reading of this ordinance. WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4, allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinances. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves Resolution 2020-047 approving the second reading of Ordinance 2020-1157 amending the City Code related to dynamic sign standards based on the findings detailed in City Council Report 2020-062. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall cause the following summary of Ordinance 2020-1157 to be published in the official newspaper in lieu of the entire ordinance: Public Notice In summary, Ordinance 2020-1157 amends the City Code related to dynamic sign standards as follows: • Allow electronic signs on public and institutional uses in residential zoning district subject to approval of a conditional use permit. • Decrease the minimum display time from 24 hours to 20 minutes. • Add text size, mode, brightness and other operational standards. Adopted this 15th day of September 2020. _______________________ Jason Gadd, Mayor ATTEST: ______________________ Amy Domeier, City Clerk CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2020-1157 ORDINANCE AMENDING CITY CODE REGARDING DYNAMIC (ELECTRONIC) SIGNS NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. Hopkins City Code, Part III, Chapter 102, Article XXI, Signs is hereby amended by adding as follows: Sec. 102-729. – Dynamic Signs. 1. District Limitations: All dynamic signs shall comply with the zoning and road classification standards listed below and the performance standards detailed in this section. A conditional use permit shall be required for any dynamic signs located on a property adjacent to any residential use or district. a. Business, Business Park or Institutional Districts. Dynamic signs may be located on properties within the B-3 - General Business, B-4 - Neighborhood Business, Business Park or Institutional zoning districts, provided the proposed dynamic sign will be located along a principal arterial or minor reliever road as designated in the comprehensive plan. Any such sign proposed to be so located and abutting and residential use or zoning district shall only be approved through issuance of a conditional use permit. b. Residential Districts. Dynamic signs may be located on public and institutional uses within a residential zone, provided the proposed dynamic sign will be located along a principal arterial, minor reliever or major collector road as designated in the comprehensive plan. Any such sign shall only be approved through issuance of a conditional use permit. 2. Location: The sign must be located on the site of the use identified or advertised by the sign. 3. Orientation: Electronic signs must be positioned so as to limit their impact on adjacent residential uses. At a minimum, such signs shall be positioned perpendicular to the adjacent public right-of-way. 4. Type of Sign: Dynamic signs are limited to ground signs only as defined in this Article. 5. Text Size and Legibility: The following minimum text sizes shall apply to all dynamic signs. If a sign is located on a corner with streets that have differing speed limits, the minimum text size shall be based on the standard for the higher speed limit to ensure maximum legibility. Minimum Text Sizes for Dynamic Signs Speed Limit of Adjacent Road Minimum Text Size 25 to 34 MPH 7” 35 to 44 MPH 9” 45 to 54 MPH 12” 55 MPH or More 15” 6. Mode: Dynamic signs shall only be allowed to operate in a static mode. Animation, motion or video displays are prohibited. Any change from one static display to another must be instantaneous and shall not include any distracting effects, such as dissolving, spinning or fading. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 7. Size and Number of Dynamic Display: Dynamic signs shall not exceed the Maximum Sign Area of a Single Sign as detailed in Section 102-725 – Permitted Signs by District for the applicable zoning district in which the sign is placed. The dynamic portion of any sign shall not exceed eighty (80) percent of the total allowable area of the sign. The remaining twenty (20) percent of the allowable sign area cannot have dynamic capabilities even if it is not used. Each site can have only one dynamic sign and that sign can have only one dynamic display. 8. Minimum Display Time: The minimum display time shall be twenty (20) minutes. One exception to this standard would be for time, date and temperature signs which the federal court has acknowledged as a justifiable exception to limitations on variable message signs. The time, date and temperature information may change no faster than once every three (3) seconds, provided that the display of this information remains for at least twenty (20) minutes before changing to another display. 9. Brightness: Dynamic signs shall not exceed a maximum illumination of five thousand (5,000) nits during daylight hours and a maximum illumination of five hundred (500) nits between dusk to dawn as measured from the sign's face at maximum brightness. All dynamic sign applications shall include certification from the sign's manufacturer that the sign has been preset to conform to the luminance levels noted above and these settings are protected from end users' manipulation by password protected software. 10. Color: Dynamic signs may use multiple colors within the display but the use of color shall not create distraction or a hazard to the public health, safety or welfare. No portion of the display may change in color or color intensity in any manner. Each line of text in any direction shall be uniform in color. 11. Operation: All dynamic signs shall be equipped with a means to immediately discontinue the display if it malfunctions. The owner of a dynamic sign must immediately cease operation of their sign when notified by the city that it fails to comply with the standards of this chapter. The dynamic sign shall remain inoperable until such time that the owner demonstrates to the city that the device is in satisfactory working condition and conforms to the standards of this chapter. Appeals of the city's direction regarding the operation of a dynamic sign shall follow the appeals process outlined in Chapter 102, Article III, Section 102-96, "Board of Appeals and Adjustments." 12. Application to Existing Signs: The dynamic sign standards shall apply to all existing and future dynamic signs, unless otherwise determined by the city that an existing sign qualifies as a nonconforming use under state statute or this code. Any existing dynamic sign that cannot meet the minimum text size as required by the speed limit must use the largest size possible for one line of copy to fit in the available display space. SECTION 2. The effective date of this ordinance shall be the date of publication. First Reading: September 1, 2020 Second Reading: September 15, 2020 Date of Publication: September 24, 2020 Date Ordinance Takes Effect: September 24, 2020 By: ____________________________ Jason Gadd, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk