(A) Authority. Pursuant to M.S. § 462.355, Subd. 4, the city is authorized to establish interim ordinances to regulate, restrict or prohibit any use or development in all or part of the city while the city is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. In furtherance of this statutory authority, the city has adopted Chapter 153, the zoning ordinance, including § 153.152 governing amendment of the zoning ordinance. The city declares that this interim section is adopted pursuant to M.S. § 462.355, Subd. 4, and the applicable provisions of Osseo Code of Ordinances, Chapter 153.
(B) Findings and purpose. There is a need to study signage within the existing ordinances of the city so as to address the location, construction, altering, development, erection, placement, reconstruction, or enlargement of off-site, freestanding signs; and to determine these and other issues so as to realistically assess the manner of regulatory controls that may need to be adopted by the city affecting the location, deployment, and use of such signage; and to provide for the public health, safety, and welfare of all individuals. The City Council will be studying all such related issues through the City Planner and Planning Commission. A moratorium is required in order to protect this planning process.
(C) Moratorium established and scope. In accordance with the findings set forth within this section and pursuant to the authority of M.S. § 462.355, Subd. 4, there is hereby established a moratorium on the location, construction, altering, development, erection, placement, reconstruction, or enlargement of any signage or like structures within the city. During the period of time of the moratorium application for sign permits for off-site, freestanding signage and all other permits and approvals related to such work shall not be accepted by the city.
(D) Applicability. The moratorium shall be applied upon real property designated within all zoning districts of the city.
(E) Hardship. In a case of hardship, any person having a legal or equitable interest in land and aggrieved by the provisions of this interim section may apply to the City Council for a waiver of all or a portion of the applicable restrictions as provided herein. A waiver may be granted where the City Council finds substantial hardship caused by the restrictions and finds that a waiver will not unduly affect the integrity of the planning process or the purposes for which the interim section is enacted.
(F) Penalty. Any person, corporation or other entity that constructs, erects, reconstructs, enlarges 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.
(G) Effective date. This section shall be in full force and effect from and after its passage and publication according to law and shall remain effective until August 31, 2010, unless shortened or further extended by order of the City Council.
(Ord. 2008-8, passed 9-8-2008; Am. Res. 2009-53, passed 8-24-2009)