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HomeMy WebLinkAboutOrdinance 36-2006 ORDINANCE NO. 36-06 AN ORDINANCE AMENDING THE ZONING ORDINANCES OF THE CITY OF BROOKINGS BY ESTABLISHING TEMPORARY ZONING CONTROL CONCERNING ANIMATED SIGNS AND DECLARING AN EMERGENCY. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Sec. 94-474. Temporary Zoning Controls Concerning Animated Signs. Table 5 of Zoning Ordinance Sec. 94-473 is subject to these Temporary Zoning Controls to the extent that Animated Signs shall not be allowed during the period of these temporary zoning controls in the B-1 zoning district and for any institutional uses within residential districts. II. That an emergency exists and that this Ordinance shall be effective upon its adoption. III. That unless renewed, this Ordinance shall be effective for a period of one (1)year or until modified or repealed,whichever is shorter. FIRST READING: October 10, 2006 PUBLIC HEARING&ADOPTION: October 24, 2006 EFFECTIVE DATE: October 24, 2006 PUBLISHED: October 26, 2006 CI Y • BROOKINGS, SOUTH DAKOTA c / N1NOOb.q ! I. sterman, Mayor --4) /z• e �Q/I/ O ` `' ornes, City Cler September 19, 2006 Dear City Manager Falken, Mayor Munsterman and City Council Members: We are writing to express a concern about the Brookings Sign Ordinance which is currently under review by the Brookings City Planning Commission. We are _ __ specifically concerned about the part of the ordinance which deals with animated signs. The purpose and intent of the sign regulations as stated in the ordinance is to "encourage the effective use of signs as a means of communication in the City, to minimize the possible adverse effect of signs on adjacent public and private property,to improve pedestrian and traffic safety,to maintain and enhance an aesthetic environment and to enable the fair and consistent enforcement of these sign regulations". We hope that before making its recommendations, the Planning Commission will thoroughly study all issues dealing with placement of animated signs and their impact on the community. Advances in technology have changed the nature of animated signs from what were simple message boards to the current video billboards with high density images, complex visual arrangements,rich color and a vast assortment of video options. As you are probably aware,these signs have been springing up all over the community. It should be noted that prior to the mid-1990's institutions were not permitted to use animated signs in residential districts. Then,the City sign ordinance was amended to allow the Rotary Club to donate and install a simple scrolling text message board at the Brookings High School at 8'h Street South and Medary Avenue.This sign was deemed "animated". On July 20,2006,at a Brookings Board of Adjustment Meeting the First Lutheran Church requested a variance to install a large, full-color animated sign in front of the church facing down Main Avenue. The variance was required as the total square footage of the sign exceeded the size restriction of 32 square feet. The BOA rejected the variance request by unanimous vote,referred the issue back to the Planning Commission and requested the Planning Commission review the issue of animated signs taking into consideration the current nature of the signs. On August 24th, 2006,two weeks prior to a first reading of sign ordinance amendments at the City Planning Commission meeting,First Lutheran Church was issued a permit to install a somewhat reduced-size animated sign. On September 5,2006,The City Planning Commission deferred action on amendments to the sign ordinance. We are requesting that a moratorium be placed on animated sign permits and installations until the Planning Commission studies this issue, approves an amended ordinance and has its recommended amendments adopted by the Brookings City Council. We ask that the consideration of such a moratorium be placed on the City Council Agenda for their September 26 meeting. We believe the proliferation of animated signs to be of importance to the entire community of Brookings. We are relying on our City departments and City officials to review and uphold the intent of the sign ordinance. In closing,we refer back to the final section of the Purpose and Intent of the sign ordinance which states that it is the intent of these regulations to achieve the following: "C. Preservation of the natural landscape:To protect the public welfare and to maintain and enhance the appearance and economic value of the landscape by providing that signs: 1. Do not create a nuisance to persons using the public right-of-way;2. Do not constitute a nuisance to the occupancy or use of adjacent property as a result of their size,height, brightness or movement; 3. Are constructed and installed in a manner which is in harmony with buildings,neighborhoods or other signs in the area." We appreciate your consideration. Respectfully, Pat is back r Jo e Einspahr/ 1 D s Roden Van Fishback Cc: Dan Hanson, City Planning Administrator City Planning Commissioners Dick Peterson,Chair, Board of Adjustment