ORDINANCE NUMBER 01-07
RELATING TO THE ADOPTION OF AN INTERIM ORDINANCE REGULATING THE ISSUANCE OF ANY APPROVAL OR PERMIT FOR THE INSTALLATION, CONSTRUCTION OR EXPANSION OF, ANY ILLUMINATED FLASHING, BLINKING OR MOVING ADVERTISING SIGN CONTAINING CHANGEABLE MESSAGES WITHIN THE CITY OF MOUNTAIN IRON
THE CITY COUNCIL OF MOUNTAIN IRON ORDAINS:
Section 1. Interim Ordinance.
a. The purpose of this ordinance is to protect the health, safety, and welfare of the citizens.
b. The City Council is concerned about the effects of illuminated advertising signs upon the traveling public. These signs pose a hazard to the traveling public by the use of colorful lights and changeable messages. These attention-getting and eye-catching signs may threaten the safety of motorists, cyclists, pedestrians and other users of public streets and property by diverting motor vehicle drivers’ attention away from the road.
c. The Council has authorized a for the purpose of considering the amendment or adoption of official controls relating to the need for additional land use regulations addressing illuminated advertising signs with changeable messages.
d. The Council is concerned that the placement of any illuminated advertising signs with changeable messages during the pendency of the above-mentioned study may compromise the results of that study and may harm the public’s health, welfare and safety.
e. Minnesota Statutes, Section 462.355, Subd. 4, authorizes the City to adopt interim zoning ordinances applicable to all or a part of the City for the purpose of protecting the health, safety, and welfare of its citizens, which ordinance may regulate, restrict or prohibit any use or development within the City for a maximum period not to exceed one year, with a possible extension up to an additional period of 18 months.
f. It is hereby found and determined that it is in the best interest of the sound, aesthetic and efficient development of the City as a whole, as well as in the public’s health, safety and welfare interests, that the authority granted by the above-mentioned Minnesota Statute be used by the City in conjunction with the above-authorized study.
g. The City hereby prohibits the issuance or approval of any zoning certificate, sign permit, building permit or other land use official control for any advertising sign that has illuminated flashing, blinking or moving lights or a changeable message area as those terms are defined in this ordinance. The City also prohibits the installation, construction, reconstruction or expansion of any advertising sign that has illuminated flashing, blinking or moving lights or a changeable message area as those terms are defined in this ordinance.
h. For purposes of this Section, the term ‘illuminated flashing lights’ means any flashing, blinking, moving or traveling lights, a digital LED display or other means that does not provide constant illumination. The term ‘flashing lights’, as used in the context of this ordinance, means any illumination that is not kept stationary or constant in intensity and color at all times. The term ‘illuminated’, as used in the context of this ordinance, means characters, letters, figures, designs or outlines displayed by electric lights or luminous tubes as part of the advertising sign. The term ‘moving lights’, as used in the context of this ordinance, includes movement or transition from one advertisement to another. The term ‘changeable message’, as used in the context of this ordinance, means multiple advertisements displayed on an advertising sign that interchangeably appear based upon a predetermined frequency or cycle.
Section 2. Enforcement. A violation of this ordinance is subject to the penalties and provisions of Section 10.99 of the City Code..
Section 3. Effective Date. This ordinance shall be effective from and after its publication and will expire December 31, 2007. However, the City reserves the right to extend the interim ordinance for such additional periods as may be appropriate, not to exceed a total additional period of 18 months.
DULY ADOPTED BY THE CITY COUNCIL THIS 20th DAY OF FEBRUARY, 2007.
Mayor Gary Skalko