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4a. Chapter 20 Code Amendment - EMC Signs CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227,1100 Fax: 952,227,1110 Building Inspections Phone: 952,227.1180 Fax: 952,227.1190 Engineering Phone: 952,227.1160 Fax: 952.227,1170 Finance Phone: 952,227,1140 Fax: 952,227,1110 Park & Recreation Phone: 952,227,1120 Fax: 952,227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227,1400 Fax: 952,227,1404 Planning & Natural Resources Phone: 952,227,1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952,227.1300 Fax: 952,227.1310 Senior Center Phone: 952,227.1125 Fax: 952,227,1110 Web Site www.ci.chanhassen.mn.us L/- MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Kairies, Planner I DA TE: o'k(V August 10, 2009 SUBJ: City Code Amendments to Chapter 20 Electronic Message Center (EMC) Signs PROPOSED MOTION: "Staff recommends that City Council adopt the proposed amendments to Chapter 20 of the Chanhassen City Code as outlined in the staff report." BACKGROUND On April 7, 2009, staff presented the Planning Commission with issues and concerns relating to electronic message center (EMC) signs including: scrolling, color, animation, display area, and administrative approval versus conditional use permit approval. On May 25, 2009 staff presented the Planning Commission's feedback to the City Council. On June 16,2009, the Planning Commission conducted a Public Hearing and tabled this item, directing staff to re-evaluate the step format for the allowed percentage an EMC may occupy of the total sign area. On July 21,2009 staff presented the revised step format. The following is a summary of the findings: . Permit scrolling as a function of the sign . Allow the use of multiple colors . Continue to prohibit animation and special effects . Increase the permitted electronic message center area . Approve electronic message center signs administratively . Permit scrolling as a function of Public/Community Signs Staff also presented the Planning Commission with a revised definition of Electronic Message Center Sign for informational purposes. Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Todd Gerhardt, City Manager June 22, 2009 Page 2 of 5 Sign, Electronic Message Center (EMC) means a sign or portion of a sign that displays electronic, non-pictorial text information in which each alpha-numeric character or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, or other illumination devised within the display area. The characters for the copy or script shall be only that available on a standard word processing keyboard, and shall not include graphics, pictures, or other items. Electronic changeable copy signs include computer programmable, microprocessor-controlled electronic displays and messages that are projected onto buildings or other objects. Motor fuel price signs are not considered to be EMC signs. The above definition is included in the Amendment Ordinance for Chapter 1, General Provisons, of the August 10, 2009 Council Packet. PLANNING COMMISSION ACTION On July 21,2009, the Planning Commission reviewed and voted 5-0 to recommend approval of the ordinance amendment to Chapter 20. The Planning Commission requested clarification of privately owned electronic message center signs versus Community Signs which are owned or leased by a governmental agency. The City Code provides specific standards for Public/Community signs. The Planning Commission also discussed the existing signs which exceed the allowable EMC area of the sign. The existing signs that do not conform to the standards are deemed legal non- conforming signs, as they were permitted prior to the ordinance amendment. Minutes from the July 21,2009 Planning Commission meeting are item 1a of the Council Packet. PROPOSED ORDINANCE AMENDMENTS (All new language is in bold, and deletions have been struck through.) Proposed Change: Amend Sec. 20-1259 (2) Prohibited signs to read as follow: (2) Motion signs and flashing signs, except electronic message center signs, time and temperature signs and barber poles, which may be permitted by conditional use permits (see sections 20-231 through 20-237). and shall comply '.:'lith the following standards: a) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes 'Nith the proper functioning of a traffic sign, sigHal or '.vhich other.'lise constitutes a traffic hazard. b) ElectroNic message center displays shall not exceed 5,000 Nits bet'Noen the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. Todd Gerhardt, City Manager June 22,2009 Page 3 of 5 c) Electronic message center signs shaJI not cause direct glare nor become a distraction due to excessi'le brightness. d) The lamp wattage and luminance le','el in candelas per square meter (Nits) shall be provided at the time of permit applications. e) There shall be no electronic message center signs in the front setback area within 50 feet of a street intersection (as measured from intersecting right of way lines) or 'Nithin 125 feet of a residential district, except where lighting for such sign is indirect or diffused and in no 'Nay constitutes a traffic hazard. f) Electronic and non electronic message center space used on a sign shall not exceed a total of 10 square feet or 25 percent of the allo"vable sign area, 'Nhichever is less. The message displayed on electronio message center signs shall be depicted in one statement and not a continuing sentence or flow of information. Flashing, scrolling, special effects or animated scenes on electronic reader boards shall be prohibited. . g) Electronio message center signs shall not be located in agricultural or residential zoning districts. h) Electronic message center sign LED display use for signs v:ithin 500 feet of single family residential homos shall be limited to the hours between 6:00 a.m. and 10:00 p.m. Proposed Change: Add Sec. 20-1276 Electronic Message Center Signs. Electronic message center (EMC) signs and time and temperature signs shall comply with the following standards: a) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. b) Electronic and non-electronic message center space used on a sign shall not exceed the following display area: EMC Dis lay 50% 45% 40% c) Electronic message center displays shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. d) Electronic message center signs shall not cause direct glare nor become a distraction due to excessive brightness. e) The lamp wattage and luminance level in candelas per square meter (Nits) shall be provided at the time of permit applications. f) There shall be no electronic message center signs in the front setback area within 50 feet of a street intersection (as measured from intersecting right-of-way lines) except Todd Gerhardt, City Manager June 22, 2009 Page 4 of 5 where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. g) There shall be no electronic message center signs within 125 feet of a residential district. h) Flashing, special effects or animated scenes on electronic message center signs shall be prohibited. i) Electronic message center signs shall not be located in agricultural or residential zoning districts. j) Electronic message center sign display use for signs within 500 feet of single-family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. Proposed Change: Eliminate the prohibition of scrolling from the Public/Community sign section of the City Code, consistent with electronic message center signs (Sec 20-1276). Amend Sec. 20-1302 (4)(c)(7) (4) Public/Community Signs on property owned or leased by a governmental unit and operated by a governmental unit. a. One monument sign shall be permitted per site for each street frontage. Such sign shall not exceed 120 square feet in display area nor be greater than eight feet in height. b. Electronic message center signs may be permitted as part of the sign display area. Such sign does not require a conditional use permit. c. Electronic message center signs shall comply with the following standards: 1) Electronic message center space used on a sign shall not exceed a total of 40 square feet. 2) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. 3) Electronic message center displays shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. 4) Electronic message center signs shall not cause direct glare nor become a distraction due to excessive brightness. 5) The lamp wattage and luminance level in candles per square meter (Nits) shall be provided at the time of permit application. 6) There shall be no electronic message center signs within 50 feet of a street intersection (as measured from intersecting right-of-way lines) or within 125 feet of a residential district, except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. 7) The message displayed on electronic message center signs shall be depicted in one statement and not a continuing sentence or flov.' of information. Flashing, scrolling, special effects or animated scenes on electronic message center signs reader boards shall be prohibited. ,^" chaflge in the message shall not occur less than every four secol'l.ds. Todd Gerhardt, City Manager June 22, 2009 Page 5 of 5 8) Electronic message center sign l:EI)...display use for signs within 500 feet of single-family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council adopts the proposed amendments to Chapter 20 of the Chanhassen City Code as outlined in the staff report." ATTACHMENTS 1. Proposed Ordinance Amendment. g:\plan\city code\2009 code amendments\signs\cc memo erne 8-1O-09.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE, ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-1259 (2) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (2) Motion signs and flashing signs, except electronic message center signs, time and temperature signs and barber poles, which may be permitted by conditional use permits (see sections 20-231 through 20-237). and shall comply with the follo'vYing standards: a) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes '.vith the proper functioning of a traffic sign, signal or 'Nhich otherwise constitutes a traffic hazard. b) Electronic message center displays shall not exceed 5,000 Nits betv/een the flours of ci':il sunrise and civil sunset and shall not exceed 500 Nits bet\veen the hours of ci'/il sunset and ci'/il sunrise. c) Electronic message center signs shall not cause direct glare nor become a distraction due to excessive brightness. d) The lamp wattage and luminance level in candelas per square meter (Nits) sRan be provided at the time of pennit applications. e) There shall be no electronic message center signs in the front setback area within 50 feet of a street intersection (as measured from intersecting right of way lines) or within 125 feet of a residential district, except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. f) Electronic and non electronic message center space used on a sign shall not exceed a total of 10 square feet or 25 percent of the aJlov:able sign area, '::hichever is less. The message displayed on electronic message center signs shall be depicted in one statement and not a continuing sentence or flO'.Y of information. Flashing, scrolling, special effects or animated scenes on electronic reader boards shall be prohibited. g) Electronic message center signs shall not be located in agricultural or residential zoning districts. h) Electronic message center sign LED display use for signs within 500 feet of single family residential homes shall be limited to the flours between 6:00 a.m. and 10:00 p.m. Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 20-1276, which shall read as follows: 1 20-1276 Electronic message center signs. Electronic message center (EMC) signs and time and temperature signs shall comply with the following standards: a) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. b) Electronic and non-electronic message center space used on a sign shall not exceed the following display area: EMC Dis lay 50% 45% 40% c) Electronic message center displays shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. d) Electronic message center signs shall not cause direct glare nor become a distraction due to excessive brightness. e) The lamp wattage and luminance level in candelas per square meter (Nits) shall be provided at the time of permit applications. f) There shall be no electronic message center signs in the front setback area within 50 feet of a street intersection (as measured from intersecting right-of-way lines) except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. g) There shall be no electronic message center signs within 125 feet of a residential district. h) Flashing, special effects or animated scenes on electronic message center signs shall be prohibited. i) Electronic message center signs shall not be located in agricultural or residential zoning districts. j) Electronic message center sign display use for signs within 500 feet of single-family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. Section 3. Section 20-1302 (4) (c) 7 and 8 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 20-1302 (4) (c) 7 and 8 Public/Community Signs on property owned or leased by a governmental unit and operated by a governmental unit. 7) The message displayed on electronic message center signs shall be depicted ifl one statement and not a continuing sentence or flO'N of information. Flashing, scrolling, special effects or animated scenes on electronic message center signs reader boards shall be prohibited. .A~ change in the message shall not occur less than every four seconds. 2 8) Electronic message center sign bIID-display use for signs within 500 feet of single-family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of _,2009, by the City Council ofthe City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) g:\plan\city code\2009 code arnendments\arnendrnent ordinance ch 20 erne signs.doc 3