HomeMy WebLinkAboutNo 889 Ameding the Sign and Licensing Code to Allow Dynamic Display Signs
ORDINANCE NO. 889
AN ORDINANCE AMENDING THE SIGN AND
LICENSING CODE TO ALLOW DYNAMIC DISPLAY SIGNS
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This amendment revises Section 44-737 (prohibited signs):
Signs that are not specifically permitted in this article are hereby prohibited. The following signs
are specifically prohibited:
(3) Signs that have blinking, flashing or fluttering lights.
Section 2. This amendment revises Section 44-807 (temporary signs):
(i) Temporary signs with blinking, flashing, or fluttering lights or with dynamic displays are
prohibited.
Section 3. This amendment revises Section 44-736 (comprehensive sign plan):
A comprehensive sign plan shall be provided for the following: (1) business premises which
occupy the entire frontage in one or more block fronts or for the whole of a shopping center or
similar development having five or more tenants in the project; (2) dynamic display wall signs; (3)
large campuses consisting of buildings and land of ten or more acres, and (4) shared signs.
Such a plan, which shall include the location, size, height, color, lighting and orientation of all
signs, shall be submitted for preliminary plan approval by the city. Exceptions to the sign code of
this article may be permitted for sign areas, densities and dynamic display changeover rates for
the plan as a whole if the signs are in conformity with the intent of this article, results in an
improved relationship between the various parts of the plan, and encourages and promotes the
removal of nonconforming signs through the use of shared signs. Comprehensive sign plans
shall be reviewed by the community design review board. The applicant, staff, and city council
may appeal the community design review board’s decision. An appeal shall be presented to city
staff within 15 days of the community design review board’s decision to be considered by the city
council.
Section 4. Adopt an off-site and on-site dynamic display sign ordinance to be included in the city
sign code (Article III, Section 44-731 through Section 44-1024) as follows:
a. Findings. Studies show that there is a correlation between dynamic displays on signs and
the distraction of highway drivers. Distraction of drivers can lead to traffic accidents.
Drivers can be distracted not only by a changing message, but also by knowing that the
sign has a changing message. In such a case, drivers may watch a sign waiting for the
next change to occur. Drivers also are distracted by messages that do not tell the full
story in one look. People have a natural desire to see the end of the story and will
continue to look at the sign in order to wait for the end.
Additionally, drivers could be more distracted by special effects used to change the
message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by
messages that are too small to be clearly seen or that contain more than a simple
message.
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Due to these public safety concerns, the city should only allow the use of these
technologies with certain restrictions. The restrictions are intended to minimize driver
distraction, to minimize their proliferation in residential districts where signs can adversely
impact residential character, and to protect the public health, safety, and welfare.
Local spacing requirements could interfere with the equal opportunity of sign owners to
use such technologies and are not included. Without those requirements, however, there
is the potential for numerous dynamic displays to exist along any roadway. If more than
one dynamic display can be seen from a given location on a road, the minimum display
time becomes critical. If the display time is too short, a driver could be subjected to a view
that appears to have constant movement. This impact on drivers would be compounded in
a traffic corridor with multiple signs. If dynamic displays become pervasive and there are
no meaningful limitations on each sign’s ability to change frequently, drivers may be
subjected to an unsafe degree of distraction and sensory overload. Therefore, requiring a
limit on display times on dynamic signs is in the public interest.
A constant message is typically needed on an on-site sign so that the public can use it to
identify and find an intended destination. Changing messages detract from this way-
finding purpose and could adversely affect driving conduct through last-second lane
changes, stops, or turns, all of which could result in traffic accidents.
In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off
and on-site signs but with significant controls to minimize their proliferation and their
potential threats to public health, safety, and welfare.
b. Dynamic display sign means any sign designed for outdoor use that is capable of
displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light-
emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other
technologies used in commercially available televisions or computer monitors. Signs with
this technology which are placed by a public agency for the purpose of directing or
regulating pedestrian or vehicle movement are exempt from this ordinance.
c. Noncommercial dynamic display signs are allowed wherever commercial dynamic display
signs are permitted and are subject to the same standards and total maximum allowances
per site or building of each sign type specified in this chapter.
d. Standards for all dynamic display signs:
(1) The images and messages displayed on the sign must be complete in themselves,
without continuation in content to the next image or message or to any other sign.
(2) Every line of copy and graphics in a dynamic display must be at least seven inches
in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a
road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a
speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit
of 55 miles per hour or more.
(3) Dynamic display signs must be designed and equipped to freeze the device in one
position if a malfunction occurs. The displays must also be equipped with a means
to discontinue the display if it malfunctions, and the sign owner must stop the
dynamic display within one hour of being notified by the city that it is not meeting
the standards of this ordinance.
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(4) Dynamic display signs must meet the brightness standards contained in
subdivision (h) below.
e. On-site dynamic display signs are allowed subject to Article III (Sign Regulations) of the
city’s zoning code, the above-mentioned standards for all dynamic display signs, and the
following additional conditions:
(1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M-2 and M-
1) zoning districts only.
(2) The images and messages displayed on the on-site dynamic display sign must be
static and each display must be maintained for a minimum of two minutes; and the
transition from one static display to another must be instantaneous without any
special effects.
(3) Are allowed as part of a permanent freestanding sign, provided that the sign
comprises no more than 50 percent of the total square footage of said sign face.
(4) Must be located at least 200 feet from any property which there exists structures
used for residential purposes or from any park or open space land use district.
(5) Must be located at least 100 feet from any side property line.
(6) Display and advertisement of products, events, persons, institutions, activities,
businesses, services, or subjects which are located on the premises only or which
give public service information.
f. Off-site dynamic display signs are allowed subject to Sections 44-836 – 44-841
(Billboards) of the city’s zoning code, the above-mentioned standards for all dynamic
display signs, and the following additional condition:
The images and messages displayed on the sign must be static and each display
must be maintained for a minimum of 15 seconds and the transition from one static
display to another must be instantaneous without any special effects.
g. Incentive. Off-site signs do not need to serve the same way-finding function as do on-site
signs and they are distracting and their removal serves the public health, safety, and
welfare. This clause is intended to provide an incentive option for the voluntary and
uncompensated removal of off-site signs in certain settings. This sign removal results in
an overall advancement of one or more of the goals set forth in this section that should
more than offset any additional burden caused by the incentive. These provisions are also
based on the recognition that the incentive creates an opportunity to consolidate outdoor
advertising services that would otherwise remain distributed throughout Maplewood.
Reduction of Sign Surfaces
(1) A person or sign operator may obtain a permit for a dynamic display sign on one
surface of an existing off-site sign if the following requirements are met:
(a) The applicant agrees in writing to reduce its off-site sign surfaces by one by
permanently removing, within 15 days after issuance of the permit, one
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surface of an off-site sign in the city that is owned or leased by the
applicant, which sign surface must satisfy the criteria of part (2) of this
subsection. This removal must include the complete removal of the
structure and foundation supporting each removed sign surface. The
applicant must agree that the city may remove the sign surface if the
applicant does not do so, and the application must identify the sign surface
to be removed and be accompanied by a cash deposit or letter of credit
acceptable to the city attorney sufficient to pay the city’s costs for that
removal. The applicant must also agree that it is removing the sign surface
voluntarily and that it has no right to compensation for the removed sign
surface under any law. Replacement of an existing sign surface of an off-
site sign with a dynamic display sign does not constitute a removal of a
sign surface.
(b) If the removed sign surface is one that a state permit is required by state
law, the applicant must surrender its permit to the state upon removal of
the sign surface. The sign that is the subject of the dynamic display sign
permit cannot begin to operate until the sign owner or operator provides
proof to the city that the state permit has been surrendered.
(2) If the applicant meets the permit requirements noted above, the city shall issue a
dynamic display sign permit for the designated off-site sign. This permit will allow
a dynamic display to occupy 100 percent of the potential copy and graphic area
and to change no more frequently than once every 15 seconds. The designated
sign must meet all other requirements of this ordinance.
h. Brightness Standards.
(1) The following brightness standards are required for all dynamic display signs:
(a) No sign shall be brighter than is necessary for clear and adequate visibility.
(b) No sign shall be of such intensity or brilliance as to impair the vision of a
motor vehicle driver with average eyesight or to otherwise interfere with the
driver’s operation of a motor vehicle.
(c) No sign may be of such intensity or brilliance that it interferes with the
effectiveness of an official traffic sign, device or signal.
(2) The person owning or controlling the sign must adjust the sign to meet the
brightness standards in accordance with the city’s instructions. The adjustment
must be made within one hour upon notice of non-compliance from the city.
(3) All dynamic display signs installed after August 20, 2008, must be equipped with a
mechanism that automatically adjusts the brightness in response to ambient
conditions. These signs must also be equipped with a means to immediately turn
off the display or lighting if the sign malfunctions, and the sign owner or operator
must turn off the sign or lighting within one hour after being notified by the city that
it is not meeting the standards of this section.
(4) In addition to the brightness standards required above, dynamic display signs shall
meet the city’s outdoor lighting requirements (section 44-20(1)).
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i. Public Safety. If city staff determines that a dynamic display sign is not being operated
pursuant to this ordinance, city staff can require that the sign be moved, removed, or
modified after notice to the property owner.
Section 5. Adopt an off-site and on-site dynamic display sign licensing ordinance to be included in
the city licensing code (Article II, Section 14-26 through Section 14-1437) as follows:
a. Purpose and Findings. The purpose and intent of this chapter is to establish rules,
regulations and standards for dynamic display signs within the City of Maplewood.
b. Definitions. The following words and terms, when used in this chapter, shall have the
following meanings unless the context clearly indicates otherwise:
Dynamic display sign means any sign designed for outdoor use that is capable of
displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light-
emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other
technologies used in commercially available televisions or computer monitors. Signs with
this technology which are placed by a public agency for the purpose of directing or
regulating pedestrian or vehicle movement are exempt from this ordinance.
*State law references – The 1965 Highway Beautification Act and corresponding state
laws are in place to provide for effective control of outdoor advertisement. Roadside
billboards fall under this category. It is the intent that the cities regulations adhere to these
overriding federal and state statutes.
c. License Required. No person shall operate an off-site or on-site dynamic display sign in
the city without first obtaining a license. Licenses are required to be reviewed annually.
d. License Fee and Term of License. Licenses issued pursuant to this chapter are
transferable from one owner to another. The amount to be paid for a license required by
this chapter shall be equal to the cost of the dynamic display sign permit, established and
fixed by the city council, by resolution, from time to time.
e. Application for Issuance of License. Applications for a license required by this chapter
shall be made to the city on a form supplied by the city, a minimum of thirty (30) days prior
to the desired start date. The applicant shall state the full name and address of the
applicant; the full business name and address of the applicant; contact phone numbers;
the location/legal description of the premises where said dynamic billboard will be located;
a letter describing operation; a site plan showing location of the dynamic display sign, and
such other information as required by the applicant form.
f. Application Process. The completed application shall be presented to the city clerk for
review by the community development department. If the community development
department finds the license meets the dynamic display sign code requirements, the city
clerk shall issue a license.
g. Inspection. The premises of any licensee under this chapter shall be open to inspection at
any time during business hours by any authorized officer of the city.
h. Duration; renewal. Any license issued under this chapter shall be for one year only, and
the application for renewal must be presented to the city clerk each year. The city shall
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have the right not to reissue a license for a dynamic display sign if the sign is found to be
noncompliant with the city’s dynamic display sign code. The licensee has the right to
appeal such license denial to the city council.
Section 6. This ordinance shall take effect after the city publishes it in the official newspaper.
The Maplewood City Council approved this ordinance on August 11, 2008.
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