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HomeMy WebLinkAbout2006-401-01 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2006- 401 -01 AN ORDINANCE ESTABLISHING A MORATORIUM UPON ALL LANDS WITHIN THE CITY OF OAK PARK HEIGHTS UNTIL NOVEMBER 1, 2006 AFFECTING THE CONSTRUCTION, RECONSTRUCTION, DEVELOPMENT LOCATION, BUILDING OR LOCATION OF ANY SIGNS, BILLBOARD OR RELATED SSTRUCTURES PENDING STUDY AND AMENDMENT TO CHAPTER 400 AND SECTION 401 OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS DEALING WITH SIGNAGE The City Council for the City of Oak Park Heights, Washington County, Minnesota does ordain: . Section 1. Moratorium. PREAMBLE SECTION A. There is a need to study signage within the existing zoning ordinances of the City of Oak Park Heights so as to address the location, development, construction and reconstruction of free standing signs in excess of 300 square feet on properties not served by a related business activity, structure or commercial facility. And to determine these and other issues so as to realistically assess the manner of regulatory controls that may be needed to be adopted by the City of Oak Park Heights affecting the location, deployment and use of such signage; and to provide for the public health, safety and welfare of all individuals and to assure that current planning is adequately addressed within the city, the City Council for the City of Oak Park Heights will be studying all such related issues and has directed the City Planner to conduct studies and provide a report to the City Council on the issues affecting such signage and its regulation to better assess signage use issues in the City of Oak Park Heights. Additional time is required, however, for this purpose before proposals for amendments to the City Zoning regulations can be prepared and considered by the City Council and the public within hearings called for specifically on those purposes. • The City, therefore, finds that a moratorium is required to protect the planning process and to prevent the construction within certain designated areas of the City of improvements, facilities, or other structures under circumstances as would be detrimental to the proposed present or future owners of the said property and as it affects the future or present uses within the City. The City further finds that it is necessary to preserve within this process lands as now situated and to provide for reasonable studies in consideration of implementation of new signage. At the present time, the necessary study period in the implementation is anticipated to be able to be completed by November 1, 2006. SECTION B. Moratorium Established and Scope., 1. In accordance with the findings set forth within the Preamble of this ordinance and pursuant to the authority of Minn. Stat. §462.355, Subd. 4 there is hereby established a moratorium on the location, construction, development, erection or placement or reconstruction or enlargement of any signage facilities in excess of 300 square feet or like structures within the City of Oak Park Heights defined below. 2. During the period of time of the moratorium application for sign permits for signage in excess of 300 square feet on properties not served by a related business activity, structure or commercial facility and all other permits and approvals related to such work shall not be accepted by the City, neither the City Planner nor the City Council shall consider grant or approval of any such application required for such work and no building permits for such work shall be issued. • SECTION C. Applicability. The moratorium shall be applied upon real property designated within all zoning districts of the City. SECTION D. Exceptions. The moratorium shall not apply to (1) the lawful use of an existing structure; (2) the repair or maintenance of any existing facility or structure provided that the work does not enlarge or expand same; (3) work upon any facility or structure necessary to preserve the health, safety, life or property in the face of an emergency; and (4) construction location development of any facility or structure which has received all necessary permits and approvals from the City of Oak Park Heights prior to the effective date of this ordinance. SECTION E. Section E Penaltv. Any person, corporation or other entity that constructs, erects, reconstructs, enlarges or locates or expands a sign structure or related facility in violation of this section shall be guilty of a misdemeanor and shall be subject to any legal and/or equitable remedies available to the City of Oak Park Heights. Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law and shall remain effective until November 1, • 2006 unless further extended by order of the City Council. r � • Passed by the City Council of the City of Oak Park Heights, Washington County. Minnesota, on this 25th day of April, 2006. CITY F HEIG By: _ ° David Beaudet, Mayor Att t: E o on, City Administrator • •