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HomeMy WebLinkAboutOrdinance No. 4217 - On-SitePublicNoticeSigns.SecondReading ORDINANCE NO. AN ORDINANCE CREATING AND ENACTING SECTION 60.645 OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO ON-SITE PUBLIC NOTICE SIGNS. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Section 60.645 of the Rochester Code of Ordinances is hereby created and enacted so as to read as follows: 60.645ON-SITE POSTED NOTICE REQUIRED: Subdivision 1. On-site public notice signage shall be erected on the property for which any Type III development application is filed. The applicant shall be responsible for posting the sign in accordance with this section. The Planning Department will provide the sign. A. The sign must be located and installed so it will be visible to the public and unobstructed from view from the public right-of-way. B. The sign must be posted at least ten calendar days prior to the date of the public hearing and remain posted until final action by the City on the Type III application. In the case of application withdrawal, the sign shall be removed within five days of withdrawal. C. A sign must be placed along each separate street fronting the subject property. This shall not include alley ways. If frontage exceeds 300 feet, the zoning administrator may require additional signs be posted. If the subject property does not have street frontage, at least one sign must be placed facing in such a manner as may be most readily seen by the public. D. A sign must be posted within five feet of any lot line that abuts the street and shall not be posted within a public right-of-way. E. The applicant is responsible to preserve and 1 maintain the visibility of the sign. Subd. 2. The applicant shall remove the sign from the property and return it to the Planning Department within five calendar days of final action on the application. Subd. 3. The applicant shall submit evidence of compliance prior to the date of the first public meeting considering the Type III application. Failure to submit evidence shall be considered an omission or defect in the sign posting. Subd. 4. If any omission or defect in the sign posting is brought to the attention of the hearing body, either at or prior to the public hearing, the hearing body shall consider the defect prior to proceeding on the application. If it is found the omission or defect impaired a surrounding property owner's ability to participate in a public hearing, then the hearing body shall continue the hearing on the proposed application for at least ten days. Any omission or defect which is not brought to the attention of the hearing body, or which is found not to have impaired the ability of a surrounding property owner to participate, shall in no way impair the validity of the proceedings on the proposed application. Section 2. This ordinance shall become effective as of November 1, 2015. 2 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF , 2015. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CITY CLERK APPROVED THIS DAY OF , 2015. MAYOR (Seal of the City of Rochester, Minnesota) Ord 15/60.645 3 6sDIIIA110E110.4217 of float action on the aprill- AN ORDINANCE CAE- Callon. ATING AND ENACTING Subd. 3. The applicant SECTION60.645 OF THEshall submit ovldence o1 ROC4ES7ER CODE OF' AF{��'IDAVI�' OF PUBLICATION BLICATIO �! IN( compliance prior to the 3 T0 ON ANCEs, RELAT data of rho first public fNt3 r -SITE PUBLIC meeling considering the NOTICE SIGNS. Type Ili aptplIcalion, Fail. THE COMMONCOUNCIL State 0 M111C1eSO�a �Otll1 of Olmsted ure to so mit evidence OF THE CITY OF fiOCH• ' r � shall be considered an I ESTER DO.ORDAiN: omission or defect in the Section 1, Section sign posting 60.645 of rhe fTochester Site Lovejoy, being duly sworn, on oath that she is the publisher or authorized su9 if any omissien Code of Ordinances Is i or defect in the herebyereated and enact• agent and employee ee of the publisher of the newspaper er known as the Post- sign pcsl- ed so as to read as Fallows: p y p p p 1119 s bio hsarin Iho alien- follows: PosT. Bulletin, and has full knowledge of the facts which are stated below: rheraterppriorteghe public ED fd,gonOTic6 REQUIRED,, i hearing, Ifto hearing body Suhdivslon 1. On-site shall consider the doled public notice slgnage shali I (A) The newspaper has colnplied with all the requirements constituting Dilor to preceeding an for vhIXed y lyeprop�rlyi Phe a lGr an Type !t do• qualifications as a legal newspaper, as provided by Minnesota Statutevelofound plhe glmissionttortdes filed, nant appticatron rs 331A.02 331A.07 and other applicable laws as amended. fact Impaired a surround, be Tile applicant shalt i Ing Property ownors obit- #e responsible for positng I fly 10 participate In a pubilo the sign In accordancewllh �B� The printed notice hearlog,.then.the hearing Dopartment wThe illl provide tthe body shall continuo lite hearing on 1116 proposed sign, aWlcatrors for al least ten A. The sign must be ; Which is attached was cut from the columns of said newspaper, and was days. Any omission or do- Waled and Installed so It i fact which is nor brought to will be risible to the pub. printed and published 1 time (s); It was printed and published on the following lnthe attention of the hearing viewfromnthespublic light. � dates: body,or which Is found not to have impaired lire abli. The sign must be of-way. 10:'1�` � roun fry of a surdingg d�rop• 6• arty owner to partictpate. Posted s p Fonio Ih 1 da[eaof i P B 10/13{2015 shall In no way Impair the public hearing and re- the validity of the Orn- rrrafn posted until ltnal ac- caodinggs on Iha proposed appilealfon. tion by113eCltyonthe Typo ' Printed below is a Copy of the lower Case alphabet from a to z, both inclusive, SWIM 2. This ordi. I it appifcation. In the case nonce shall become or. of 11 canon withdrawal which is hereby acknowledged as being the size and kind of type used in the [active ns of Novembor 1, rhe sign shall be remove 2015, wlthln live days of w;I4. composition and publication of the notice: irawal. PASSED AND ADOPT- ED BY THE COMMON A sign roust ,i a6cdetgh�Rtmnopgwn relucyz COUNCIL OF THE CITY I faced along each sepa.a- OF ROCHESTER, MIN. ale street fronting the Sub. POST LETIN NY 1-1-C. NFSOTA, THIS SEhDAY °ct property. This shall: OF OCTOBER,2015: sol Include alisyy ways. 11 BY: !s!Randy Slaver 'ontago exceeds Soo feel, ' PRESIDENT/S/Ran OF SAID 70 zoning admfnistra• ; 4r Binns requireaddillon• TITLE: Media Inside Sales Manager ATTEST, COUNCIL be posted. If' lS/Aaron S.Reeves o subject pro�1arty does CITY CLEnK }l have street 1ronlae ! APPROVED THIS 01h DAY least ane sign must be Subscribed and sworn to me on OF OCTOBER 2015, aced facing in such a J EAN13 T7 anter as may be most Tf11S -day of 20 �� f,� lS/Ardalr F.erode -MINNESOTA MAYOR OFSACITYadlly seen by the public. t '�, y,v�` J 3 1 2U2Q (Seat of the Cllyn1A sign muss ba post- ° " r� • { r�ochester,Minnesnla} svilhfn five toot of anyrvl (10113} that abuts the street Notajr, Public I shalt not be posted h In a pttbllo rlght-of-wayy. RATE INFORMATIC3f� The appfCant is , ponsibfe to preserve 1) Lowest classified rate paid by commercial user $$21.95 t maintain the vlslbllity (per inch/per dayldisplay rate) fe sign, For comparable space ;d, 2. The apprfcant lI remove the sign from 13roperlY and return 1110 . 2) Publication Fee $277.35 Planning De arimeal in rive calendar rrgvc Ad If 149686:©RDINANCE NO.4217 AN ORDINANCE CREA