A. Findings, Purpose And Effect:
1. Findings: The City Council hereby finds as follows:
a. Exterior signs have a substantial impact on the character and quality of the environment.
b. Signs provide an important medium through which individuals may convey a variety of messages.
c. Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare.
d. The City's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community.
2. Purpose And Intent: It is not the purpose or intent of this section to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to:
a. Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare.
b. Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community.
c. Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics.
d. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City.
3. Effect: A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of these regulations. The effect of this section as more specifically set forth herein, is to:
a. Allow a wide variety of sign types in Commercial Zones, and a more limited variety of signs in other zones, subject to the standards set forth in this section.
b. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this section.
c. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare.
d. Provide for the enforcement of the provisions of this section.
B. Severability: If any section, subsection, sentence, clause, or phrase of this section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this section in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
C. Substitution Clause: The owner of any sign which is otherwise allowed by this section may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary.
D. All Districts: Signs are a permitted accessory use in all use districts subject to the following regulations:
1. Private Signs Prohibited: Private signs are prohibited within the public right-of-way, public easements or on public property. With a written limited use agreement with the City, signs may be allowed in the right-of-way if the City, in its sole discretion, determines that the sign does not disturb necessary sightlines, prevent right-of-way maintenance and other uses necessary to a public right-of-way. This provision would include election and realtor signs. Garage sale signs, family event signs, open house signs and auction signs are permitted in the public right-of-way as long as they comply with subsection D15 of this section. Nameplates on or near a residential mailbox shall be permitted as long as the nameplate does not exceed five feet (5') in height.
2. Illuminated Signs: Illuminated signs may be permitted, but devices giving off an intermittent, flashing, scrolling or rotating beam of rays of light shall be prohibited. No portion of the lighting surface shall be visible from adjacent properties or roadways.
3. Visibility: Vision clearance areas are triangle shaped areas located at the intersection of any combination of rights-of-way, alleys or driveways. The sides of the triangle extend thirty feet (30') from the intersection of the curb lines in either/each direction. Signs must meet all district setbacks and no sign may be installed within this vision clearance area except in accordance with subsection 10-4-6B of this title.
4. Dynamic Signs: Dynamic displays on signs are allowed subject to the following conditions:
a. Only one dynamic sign shall be allowed per lot.
b. Dynamic displays are allowed only on monument and freestanding signs for conditionally permitted uses in Residential Districts and for all uses in other districts. Dynamic displays may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face.
c. A dynamic display may not change or move more often than once every three (3) seconds, except one for which changes are necessary to correct hour and minute, date, or temperature information. Time, date, or temperature information is considered one dynamic display and may not be included as a component of any other dynamic display. A display of time, date, or temperature must remain for at least three (3) seconds before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three (3) seconds.
d. The images and messages displayed and transitioned must be instantaneous or fading. The use of animation and scrolling is permitted provided that change in message or display does not exceed the rate prescribed in this section. Modes of display which cause the message to flash or blink are prohibited.
e. Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the City that it is not complying with the standards of this section.
f. Dynamic displays must comply with the brightness standards contained in this section.
g. Dynamic displays existing on May 20, 2013, must comply with the operational standards listed above. An existing dynamic display that cannot meet the operational requirements may continue as a nonconforming structure.
5. Brightness Standards:
a. Standards: All signs must meet the following brightness standards in addition to those in section 10-5-4 of this chapter:
(1) No sign may be brighter than is necessary for clear and adequate visibility.
(2) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle.
(3) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.
(4) If there is a violation of the brightness standards, the adjustment must be made within one day of notice of noncompliance by the City.
b. Maximum Illumination Levels:
(1) Signs using an LED (light emitting diode) light source shall not exceed a luminance level of five hundred (500) candela per square meter (nits) between sunset and sunrise, and shall not exceed a luminance level of five thousand (5,000) candela per square meter between sunrise and sunset.
(2) Signs using fluorescent, neon, or incandescent light sources shall not exceed twelve watts (12 W) per square foot of sign surface area.
(3) All signs with illumination shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions (e.g., dusk) to ensure that the sign's intensity does not exceed 0.3 foot-candle above ambient light levels as measured from one hundred feet (100') from the sign's face.
c. LED Accents: LED accent lighting used as part of a sign element must comply with these brightness standards.
6. Changeable Messages: A message that is not permanently attached to the sign face but that is not a dynamic display may occupy no more than thirty five percent (35%) of the actual copy and graphic area. The remainder of the sign must not have the capability to change messages even if not used.
7. Selling, Renting Or Leasing: Any private sign that is selling, renting or leasing a single parcel of real estate is a permitted use as long as it meets the following conditions: In Nonresidential Districts a total of thirty two (32) square feet of sign may be placed within the front yard. In Residential Districts a total of sixteen (16) square feet of sign may be placed within the front yard. Such signs shall not be less than ten feet (10') from the right-of-way or property line.
8. Interference With Traffic Signal: No sign, temporary or permanent, by reason of position, shape or color shall interfere in any way with the proper functioning or purpose of a traffic signal.
9. Painted On Wall: Signs shall not be painted directly on the outside wall of a building.
10. Painted On Structures; Paper Signs: Signs shall not be painted on fences, rocks, or similar structures or features nor shall paper or similar signs be attached directly to a building wall or utility pole by an adhesive or similar means.
11. Sale Or Lease: Any sign for the purpose of selling or leasing a residential project, commercial area or an industrial area which consists of more than one parcel of real estate, one sign not to exceed thirty two (32) square feet in Nonresidential Districts and sixteen (16) square feet in Residential Districts shall be allowed.
12. Construction Signs: One temporary sign not exceeding a total surface area of ninety six (96) square feet, not exceeding sixteen feet (16') in height, and not less than two feet (2') above grade. Such signs shall be set back at least ten feet (10') from lot lines. Such signs shall be allowed for three (3) years from the date of original building permit issuance, or until construction in the development is completed, whichever occurs first.
13. Temporary Signs:
a. Size; Quantity: There shall be no more than one temporary sign on any lot, and such sign shall not exceed thirty two (32) square feet in size or ten percent (10%) of the tenant wall area to which the sign is attached for Commercial Districts and sixteen (16) square feet for Residential Districts.
b. Duration: Temporary signs shall require a permit that can only be renewed three (3) times annually for a total of ninety (90) days. The duration of a temporary sign permit shall not exceed thirty (30) days except as described in this section. The Zoning Administrator may document the duration of any temporary sign and require its removal if it is displayed for more than its permitted duration unless it meets all standards for permanent signs. For the purposes of this subsection D13, the Zoning Administrator can ignore intermittent removal of said temporary signs if the clear intent of the owner is to display this sign for more than the permitted duration.
c. Multi-Tenant Buildings: For multi-tenant buildings with four (4) or more lease spaces, each tenant may be allowed one such sign for up to thirty (30) days per calendar year. Any such temporary signage shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the property owner shall be equally responsible for the proper location, maintenance, and removal of the sign.
d. Temporary Signs: Although this subsection D13 allows only one temporary sign on any lot, one may apply for one additional temporary sign not exceeding thirty two (32) square feet which promotes a local fundraiser or activity benefiting any nonprofit group. To qualify for the application, the sign must not be displayed until sixty (60) days prior to the first day of the event; the event must last no longer than one week and the applicant must promise to remove said sign within one week of the last day of said fundraiser. In addition, the applicant must provide written evidence that it has been acknowledged by the Minnesota Secretary of State as a valid nonprofit entity. If said conditions are met, a sign permit will be granted as long as the proposed sign's placement or design does not significantly affect traffic flow or safety as determined by the Zoning Administrator.
e. Temporary Signs Or Temporary Banners For New And Opening Establishments: An establishment that is opening to the public for the first time or which is reopening after having been closed to the public for fifteen (15) consecutive calendar days or more and which has received all required permits and approvals, may display a temporary sign or temporary banner in accordance with the following requirements:
(1) One temporary freestanding sign or banner shall be allowed per lease space. A freestanding temporary sign shall not exceed thirty two (32) square feet. A temporary banner shall not exceed ten percent (10%) of the tenant wall area to which the signage is attached.
(2) Such temporary signs or temporary banners shall be removed no later than thirty (30) days after placement.
14. Election Signs: Election signs are permitted as provided by Minnesota Statutes section 211B.045. For election signs not specifically addressed in the statute, such signs must be removed within ten (10) days following the election related to the sign. All private signs are prohibited from placement in the public right-of-way or on public property.
15. Event Signs: Garage sale signs, family event signs, open house signs and auction signs are permitted provided such signs are placed no more than one day prior to and one day after said event. Such signs must conform to other ordinance standards.
E. Signs Permitted In RR, RS, R-1, R-1A, R-2, R-3 And PB Districts:
1. Two (2) nameplate signs for each dwelling, each not to exceed two (2) square feet in area per surface, and no sign shall be so constructed as to have more than two (2) surfaces.
2. One nameplate sign for each dwelling group of six (6) or more units. Such sign not to exceed twelve (12) square feet in area per surface and no sign shall be so constructed as to have more than two (2) surfaces.
3. See subsection 3-9-3B of this Code for regulation of signs of home occupations.
4. Symbols, statues, flags, sculptures and integrated architectural features on buildings may be illuminated by floodlight provided that the bulb or light source is shielded so that the bulb or light source is not visible from a public right- of-way or adjacent property.
5. One freestanding sign not to exceed thirty two (32) square feet may be allowed for apartments in R-2 and R-3 Districts and uses in the PB District. The sign shall be set back at least ten feet (10') from any property line. No sign located in Residential Zones shall exceed seven feet (7') in height above the average grade level. Signs may be illuminated by such lighting but shall be diffused or indirect and not illuminated beyond any lot line and the source of the light shall be concealed unless an approval for special lighting is approved by the City Council.
6. A church or public facility within the RS, R-1, R-2, R-3 or PB Districts shall be permitted one wall sign not to exceed twenty four (24) square feet or one freestanding monument sign not to exceed fifty (50) square feet. Freestanding signs shall be subject to the following:
a. The sign shall be set back a minimum of ten feet (10') from any property line.
b. The sign shall be a maximum of ten feet (10') in height.
c. Changeable message signs are permitted in compliance with subsection D of this section.
d. Dynamic signs are permitted in compliance with subsection D of this section except that such signs shall also be subject to the following:
(1) No dynamic sign shall be located within one hundred feet (100') of any abutting property which is residentially guided or used. This requirement shall apply to properties located across public and private rights-of-way.
(2) Any illuminated portion of the sign shall not be illuminated between eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M.
F. Signs Permitted In OS, I, CI, C1 And C2 Districts:
1. Size: One freestanding pylon, multi-tenant pylon, or monument sign is allowed per property, unless a conditional use permit is approved to allow multiple entrance signage pursuant to subsection G2 of this section. The aggregate square footage of the freestanding business signage and directional signage per lot shall not exceed the sum of one square foot for each front foot of lot to a maximum of two hundred (200) square feet except for multi-business signs approved pursuant to subsection G1 of this section. Any lot upon which three (3) or more businesses are located may add an additional 0.25 square feet of sign space for every linear foot along a side lot line to a maximum of two hundred fifty (250) square feet of sign space to accommodate lots that extend a farther distance from the front lot line. Front footage is measured as a linear distance across the front lot line only, not a cumulative road frontage wherein a roadway is adjacent to two (2) or more property lines.
2. Setback: Freestanding signs shall be set back at least ten feet (10') from any property line.
3. Height: No freestanding sign shall extend more than six feet (6') in height above the principal structure found by adding the wall height to half of the gabled peak or parapet, not to exceed a maximum of forty feet (40').
4. Additional Signage Space: In Commercial Districts, up to ten percent (10%) of any face of the building and any face of the canopy may be dedicated to signage in addition to the aggregate maximum for cumulative signage referenced in subsection F1 of this section. This may include wall signs, window signs, awning signs and raised lettering.
5. Canopy Signs: Overhead canopies may have one sign on each face that occupies no more than ten percent (10%) of the face. Backlit canopies shall comply with the brightness and illumination standards set forth in this section as well as with those in section 10-5-4 of this chapter.
G. Signs Requiring Conditional Use Permits:
1. Multi-Business Signs:
a. Multi-business sign, hereinafter referred to as MBS, shall only be permitted in OS, C1, C2 and I Zoning Districts and on property that is guided commercial or industrial in the Comprehensive Plan.
b. The intent and purpose of multi-business signs are:
(1) To promote commercial depth rather than first tier strip development along highway corridors.
(2) To allow area identification and commercial identification of business sites in a manner that coordinates traffic safely and effectively.
(3) To minimize individual freestanding signage by allowing clustering of two (2) or more area identification and/or freestanding signs on a single MBS in exchange for separate freestanding signs on each business site.
(4) To cluster MBS signage at major intersections.
(5) To require high architectural standards for MBS and to achieve an "up north" look which would incorporate natural wood, stone, brick or manufactured like products in the freestanding structure.
(6) To require base landscaping and maintenance.
(7) To allow area identification and commercial business identification on approved MBS for developments and/or businesses located within a one-half (1/2) mile radius of the MBS location, and for only those developments and/or businesses within the City limits in accordance with an approved MBS plan.
(8) To promote MBS sign usage for sufficient sized areas to achieve the other purposes listed above.
c. No MBS may be erected or maintained until a plan (the "MBS plan" or "plan"), signed by the owner(s) of all properties on which any area or business is located whose identification sign is proposed to be included on any MBS covered by the plan, is filed with, and approved by the City. The MBS plan shall also specify standards for each MBS included in the plan, including color scheme, lettering or graphic style, lighting, materials, sign proportions and landscaping around the base of each MBS. The plan may contain other restrictions as the owners of the affected properties may reasonably determine, shall be signed by each of the owners and shall otherwise be in such form as required by the City. An MBS plan may be amended by filing a new plan with the City that otherwise conforms with all of the requirements of this Code in effect at that time. No amendment shall be required for changing the identity of any area or business whose identification sign is attached to an MBS so long as all areas or businesses whose identification signs are attached to the MBS are located on one of the properties covered by the plan under which the MBS has been approved and the affected MBS otherwise conforms to the MBS plan after the replacement sign is attached.
d. The applicant(s) shall submit diagrams, drawings, pictures and other information as requested by city staff describing each MBS proposed, the location of each MBS and the identity of each property proposed to be included in the MBS plan including the name of the property owner, and the size and location of each property included in the plan.
e. After the city's approval of an MBS plan, no freestanding signs other than those included in the approved plan shall be kept erected, placed or maintained on the properties covered by the plan. Any existing freestanding signs other than the MBS must be removed. The MBS plan may be enforced in the same way as any other provision of this code. In case of any conflict between the provisions of any approved MBS plan and this code, the approved MBS plan shall control.
f. The sign must be located on a platted parcel and at least one business from the parcel where the MBS located must have space on the sign.
g. The permissible height of MBS shall be no greater than forty feet (40') with a minimum clear zone below the sign of ten feet (10') unless approved as a monument type sign. Total permissible sign face area on MBS shall be no greater than four hundred (400) square feet per face.
h. Setback standards shall be as required for similar freestanding sign in the zoning district where the MBS is located.
i. Each MBS plan shall consist of at least five (5) acres, not including public rights of way, and at least one of the businesses displayed on the MBS must be located on same parcel as the MBS. In addition thereto, each business displayed on the MBS must be within one-half (1/2) mile of the MBS and be within the city limits of Baxter.
j. MBSs may only be located near major intersections of trunk Highways 371 and 210 as identified on the official city "major intersections" map. If all standards are met, there could be up to four (4) MBSs per major intersection, one upon each parcel adjacent to the major intersection. The planning and zoning commission will determine if the proposed site is in a major intersection during the conditional use permit process. Notwithstanding the foregoing, however, no MBS may be erected unless and until the applicant obtains any required permit from the Minnesota department of transportation nor shall any MBS be erected which otherwise violates any state law, rule or regulation.
k. Notwithstanding any other provision of this code, no business located on property which is covered by any approved MBS plan shall be permitted to keep erect, place or maintain any freestanding sign on such property except as referenced in the approved plan. Such business may, however, erect, place and maintain any other signs (such as building, monument, directional signs, etc.) otherwise permitted by this code.
l. No signage shall be allowed on any MBS other than area identification and commercial business identification signs for developments and/or businesses located within the city on property covered by the MBS plan under which such MBS is approved. No sign advertising any product (rather than identifying an area or business) shall be allowed on any MBS.
2. Multiple Entrances Signage: In OS, I, C1 and C2 zoning districts, or for churches and/or public facilities in any zoning district, the owner may choose to divide the allowable sign footage into more than one sign at multiple entrances or multiple street frontages. Multiple entrance including more than one pylon, multi-tenant pylon or monument sign may only be approved with a conditional use permit when the signs are located along separate street frontages and provided that the signs are at least two hundred feet (200') apart. The aggregate sign square footage shall not exceed the maximums as set forth at subsection F of this section for the OS, I, C1 and C2 zone districts and church/public facilities signs shall not exceed fifty (50) square feet.
H. Billboards: Billboards are expressly prohibited in all zoning districts in the city. Billboards are a principal use of property. All such signs must be removed as a condition of subdivision, platting, site plan, or PUD approval for new uses or structures on the parcel where the outdoor advertising sign is located. No such sign that is nonconforming by reason of height, area, or location shall be altered or expanded to allow an electronic graphic display, changeable copy sign, or electronic changeable copy sign.
I. Nonconforming Signs: For the purposes of this section, a "nonconforming use" shall be defined as any permanent sign that was constructed prior to the effective date hereof. The content or display of such permanent nonconforming signs may be modified after the adoption of this section as long as the modification does not intensify any nonconformity based on the standards set forth above. Temporary signs shall need to comply with new standards.
J. Administration And Enforcement:
1. Permit Required: No sign shall be erected, altered, improved, reconstructed, or moved in the city without first securing a permit from the city, except for those signs which are specifically exempted by these regulations.
a. An application for a permit shall be submitted to the zoning administrator in accordance with the permit procedures of this code and the requirements of this section. The application shall include the information required by the form provided by the city and shall be accompanied by appropriate documents and plan or plans drawn to scale which legibly and accurately reflect the following:
(1) The location of proposed and existing signs in relation to lot lines and existing and proposed building based upon a certified survey or site plan approved by the city which accurately reflects current conditions on the property.
(2) The design, full dimensions, and specifications including the method of construction, and attachment to a building or placement in the ground.
(3) Stress calculations, where applicable, indicating that the structure's design for dead load and wind pressure in any direction in the amount required by this code and regulations.
(4) The addition, deletion, alteration, replacement or improvement of any electrical component.
(5) Such other information as the zoning administrator or building official shall require to show full compliance with this section and other applicable laws or codes of the city. The zoning administrator may waive requirements for technical information specified above where such information is not necessary to the determination of compliance.
b. The appropriate permit fee as set forth in this code shall be required prior to issuance of the permit.
c. The zoning administrator shall notify the applicant, in writing, of an incomplete application within fifteen (15) days of the date of submission.
d. The zoning administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this section within sixty (60) days of submission of a complete application.
e. The zoning administrator shall, upon approval, issue a written permit authorizing the proposed sign and related work; the permit shall, where applicable, specify the duration of the sign; and the permit shall indicate any special conditions or requirements related to the construction of the sign.
f. Expiration and renewal of permits shall be in accordance with the provisions of the Minnesota state building code for building permits.
2. Exemption From Permits: Any alteration, modification or construction that is limited to the replacement of a sign panel, replacing individual letters and logos in the same area or repainting a sign face, and does not involve changes to the structure, erection or relocation of the sign or changes to the electrical system is exempt from permit requirements.
3. 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.
K. 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 sixty (60) days after the use is terminated, a notice shall be given to the landowner 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.
L. Violations: Violation of this section is a misdemeanor. Each day that the violation continues is a separate offense. (Ord. 2013-7, 5-21-2013; amd. Ord. 2013-22, 11-19-2013; Ord. 2014-19, 6-17-2014; Ord. 2017-007, 8-1-2017; Ord. 2019-001, 3-19-2019; Ord. 2019-010, 7-16-2019)