§ 150.36 ADMINISTRATION AND ENFORCEMENT.
   (A)   (1)   Permit required. No sign shall be erected, altered, reconstructed, maintained or moved in the city without first securing a permit from the city. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Application for a permit shall be in writing addressed to the issuing authority and shall contain the following information:
         (a)   Names and addresses of the owners of the display structure and property;
         (b)   The address at which any signs are to be erected;
         (c)   The lot, block and addition at which the signs are to be erected and the street on which they are to front;
         (d)   A complete set of plans showing the necessary elevations, distances, size and details to fully and clearly represent the construction and place of the signs;
         (e)   The cost of the sign;
         (f)   Type of sign (i.e. wall sign, monument sign, etc.);
         (g)   Certification by applicant indicating the application complies with all requirements of the subchapter; and
         (h)   If the proposed sign is along state trunk highway or interstate highway, the application shall be accompanied by proof that the applicant has obtained a permit from the state for the sign.
      (2)   The issuing authority shall approve or deny the sign permit in an expedited manner no more than 60 days from the receipt of the complete application, including applicable fee. All permits not approved or denied within 60 days shall be deemed approved. If the permit is denied, the issuing authority shall prepare a written notice within ten days of its decision, describing the applicant's appeal rights under § 153.022, and send it by certified mail, return receipt requested, to the applicant.
   (B)   Retroactive effect. This subchapter shall apply to all sign applications applied for and/or pending prior to its enactment.
   (C)   Exemptions. The following signs shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this subchapter or any other law or ordinance regulating the same.
      (1)   The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
      (2)   Signs six square feet or less in size.
      (3)   Signs for directing vehicular or pedestrian traffic, not more than three square feet per side, and not located on public property or a public right-of-way, shall not be regulated.
      (4)   Any display of directional signs, street name signs or other signs which have been authorized and erected by a governmental body. Temporary political campaign, real estate sales signs in residential neighborhoods, festival, yard sale and other like signs shall be subject only to:
         (a)   State or federal law;
         (b)   Limited to 15 square feet per side; and
         (c)   Shall be removed within 48 hours of the close of the matter announced by the subject sign.
      (5)   Signs with a commercial message placed upon construction sites for temporary use. Such signs may be erected 60 days prior to construction and shall be removed within ten days after completion of construction. Total temporary site signage shall not exceed 15 square feet.
      (6)   On-premise informational signs of six square feet or less.
      (7)   Building address signs of two square feet or less.
      (8)   Emergency signs as required by any governmental agency.
      (9)   Signs or posters attached or painted on the inside of a display window including illuminated signs, but not flashing signs. These signs shall be placed as not to obstruct or interfere with any window, doorway or fire escape. Such signs shall not exceed 50% of the window area or 32 square feet, whichever is more restrictive. Such signs shall be prohibited in residential districts.
      (10)   Public signs, street signs, warning signs, or signs of public service companies for the purpose of promoting safety.
      (11)   Noncommercial flags.
      (12)   Pedestrian, vehicular-traffic and parking directional signs in parking lots, provided the face of such signs meet Minnesota Department of Transportation standards and which do not contain commercial speech.
      (13)   Noncommercial directional signs not illuminated and not exceeding two square feet. Signs are limited to one per avenue or street directly leading to the establishment, with permission of the property owner.
      (14)   Temporary or permanent signs by public utilities erected to warn the public.
      (15)   Easel and/or sandwich signs, as long as such signs do not exceed 24"x 48". Signs are limited to one per lot. These signs may not be permanent in nature and must be able to be removed as deemed necessary.
      (16)   Memorial signs or tablets, names of buildings and date of erection when cut into are attached to any masonry surface or noncombustible material.
   (D)   Fees. Sign permit fees are set by resolution of the City Council.
   (E)   Repairs. Any sign located in the city which may now be or hereafter become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions of this section, shall be removed or otherwise properly secured in accordance with the terms of this section by the owners thereof or by the owners of the grounds on which said sign shall stand, upon receipt of proper notice so to do, given by the issuing authority. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this section and upon a permit issued by the issuing authority.
   (F)   Removal. In the event of the failure of the owner or person, company or corporation having control of any sign, or the owner of the ground on which the sign is located, to remove or repair said sign within 60 days after the use is terminated, a notice shall be given pursuant to division (I) of this section and the sign may be removed by the city at the expense of the owner or manager of the sign, or the owner of the ground upon which the sign stands.
   (G)   Violations. Violation of this section is a misdemeanor. Each day that the violation continues is a separate offense.
   (H)   Unauthorized signs. The following signs are unauthorized signs:
      (1)   Signs are prohibited within any public right-of-way except that the Council may grant a special permit for temporary signs and decorations to be placed on a right-of-way for a period of time, not to exceed 90 days, subject to the laws of this state.
      (2)   No flashing sign containing an intermittent or flashing light source, which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source, shall be allowed. This prohibition shall not include electronic automatic changing signs providing messages change not more frequently than at five-second intervals, traveling message signs or signs providing time, temperature or date information.
      (3)   No sign shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic.
      (4)   Signs painted, attached or in any manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges, towers, or similar public structures.
      (5)   All off-premises signs.
      (6)   Signs advertising by letters, words or figures painted upon any sidewalk within the city.
      (7)   Signs that emit sound.
      (8)   Signs painted or attached to vehicles where the vehicle is parked on a property and not intended to be moved for a period of 48 hours or more. At all times, vehicles containing advertising and/or signage shall not be parked along the property frontage.
      (9)   Vacant or abandoned building signs. Owner has 60 days to remove such signs after notification by the City Administrator and/or Planning and Zoning Official.
      (10)   Signs anchored by guy wires, chains, cables or similar devices that project down to the ground in any way.
      (11)   Changeable copy signs.
   (I)   General provisions. The following provisions apply to signs in all districts:
      (1)   All signs shall be constructed and maintained in a manner where they will be safe to the general public. A sign shall be repainted whenever its paint begins to fade, chip or discolor and defective parts shall be replaced promptly.
      (2)   On premises signs shall be removed from a lot by the owner of such property within 60 days after termination of the use for which the sign was used.
      (3)   If the Administrator or Planning and Zoning Official shall find that any sign is unsafe, adversely impacts upon the aesthetics of the community and threatens the health, safety and welfare of the community, is a detriment to the public, not maintained, or constructed, erected or maintained in violation of the provisions of this section, the Administrator shall give written notice to the property owner thereof. If the property owner fails to comply with the standards of this section within 30 days after such notice, and if no appeal is taken, or if no owner, occupant, or agent can be found, such sign shall be removed or altered by the city. The cost of such city action shall be specifically assessed against the subject property.
      (4)   All signs shall be constructed to meet the Uniform Building Code standards for wind resistance, dead loads, wind loads and other applicable sections of the Uniform Building Code. Signs shall be rigidly suspended by means of fastening or support so as not to be free swinging or a menace to persons or property.
      (5)   All electrical wiring of signs shall comply with the provisions of the National Electrical Code and other applicable sections of the State Building Code.
      (6)   No sign shall be erected as to obstruct access/egress to or from fire escapes, windows, doors or exits and fire lanes.
      (7)   No pylon sign shall be erected in such a manner that projects or will project over any building or public right-of-way.
      (8)   Canopies, marquees and fixed awnings are an integral part of the structure to which they are attached. They are allowed in the Business and Industrial Districts if they meet the following requirements and the applicable square footage requirements:
         (a)   An awning, canopy or marquee may not project into the public right-of-way nearer than 30 inches to the street curb or curb line;
         (b)   Awnings, canopies or marquees may have no part of the structure other than supports nearer the ground surface than eight feet;
         (c)   The architectural style of the awning, canopy or marquee must be consistent with the building being served; and
         (d)   Awnings, canopies or marquees built over the public right-of-way must be included in a liability insurance policy holding the city free of all responsibility.
      (9)   Monument signs shall be constructed with the entire bottom of the sign structure in contact with the ground.
      (10)   Computation of the area of multifaceted signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. Each surface utilized to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall square footage. Symbols, flags, pictures, wording, figures or other forms of graphics painted on or attached to windows, walls, awnings, free-standing structures, suspended by balloons, or kites, or on persons, animals, or vehicles are considered a sign and are included in calculating the overall square footage.
      (11)   When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42-inches apart, the sign area shall be computed by the measurement of one of the faces.
      (12)   All signs may be illuminated as provided for in division (J) of this section.
   (J)   Illumination. External illumination for signs shall be so constructed and maintained that the source of light is not visible from the public right-of-way or residential property.
   (K)   Setbacks. All signs shall not be less than the following setbacks described in division (L) of this section in a given zoning district, unless the sign is flat against the structure, as prescribed in § 153.060.
   (L)   Permitted signs by district. 
      (1)   Residential districts.
         (a)   The following regulations shall apply to non-residential permitted, conditional or legal non-conforming uses:
            1.   Nameplates may be wall or monument mounted or a combination thereof and shall not exceed ten square feet in area.
            2.   Monument signs shall have a maximum height of six feet and shall have a setback of 15 feet from any property line, and shall not be placed in the sight triangle.
         (b)   The following regulations shall apply to residential permitted, conditional or legal non-conforming uses:
            1.   One subdivision identification sign per street frontage, neighborhood, subdivision or development, not to exceed ten square feet in sign area in each location.
            2.   One identification sign per entrance to apartment or condominium complex, not to exceed ten square feet in sign area.
         (c)   Home occupations. One sign with a maximum area of six square feet will be allowed and may not be illuminated. The sign must be located in the front yard and shall not block visibility. Sign must also contain current city license number.
         (d)   All allowed signs in a residential district shall have a maximum height of six feet and shall have a setback as prescribed in division (K) of this section from any property line and shall not be placed in the sight triangle.
      (2)   Business districts.
         (a)   Within business zoning districts, signs are permitted as follows:
 
District
Maximum Sign Area of Single Sign
Total Area of All Signs
Max. Height
C-1
64 sq. ft.
64 sq. ft.
15 ft.
C-2, C-3
64 sq. ft.
64 sq. ft.
15 ft.
 
         (b)   Monument signs. Uses in a business district allow for a monument sign that shall not exceed 64 square feet per surface area, and 15 feet in height, and is setback as prescribed in division (K) of this section and shall not be placed in the sight triangle.
      (3)   Industrial park district.
         (a)   Wall signs. Each tenant other than those in multi-tenant buildings may have one flat wall sign, not extending more than 30 inches from the face of the building, except that such signage may extend from the face of the roof over a covered walk. Such wall signs shall not exceed 15% of the area of the wall to which the sign is attached, to a maximum of 64 square feet.
         (b)   Monument signs. Uses other than those in multi-tenant buildings may have a monument sign that shall not exceed 64 square feet per surface area, and 15 feet in height, and must be setback as per setbacks prescribed in division (K) of this section.
         (c)   Multi-tenant signs. Each tenant in a multi-tenant building may have a flat wall sign, not extending more than 30 inches from the face of the building. The aggregate area of such signs shall not exceed 15% of the area of the wall to which they are attached. Maximum height shall be 15 ft.
         (d)   Multi-tenant monument signs. One monument sign shall be permitted for each multi-tenant building provided the surface area of the sign does not exceed 64 square feet per side, six feet in height, and is setback in no case less than prescribed in division (K) of this section. Maximum height shall be 15 ft.
         (e)   Canopies and awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size, and color. No canopies with visible wall hangers shall be permitted. Signage on canopies may be substituted for allowed building signage and shall be limited to 25% of the canopy area. Internally illuminated canopies must be compatible with the overall color scheme of the building.
(Ord. 65, 1st Ser., passed 10-18-2013)