(A) Prohibited signs. The following signs are specifically prohibited:
(1) Flashing signs;
(2) Portable signs, except as permitted by § 17150.05(B);
(3) Signs that are structurally unsafe, in disrepair or abandoned (see § 17150.07(B));
(4) Illuminated signs that cause glare onto the public right-of-way or adjacent property;
(5) Signs and decorations shall not be permitted that contain words or pictures of obscene, pornographic or immoral character;
(6) Signs shall not be permitted that, by reason of size, location, movement, content, coloring or manner of illumination, may be confused with the light of an emergency or road equipment vehicle, a traffic sign, signal or device, or that hides from view any traffic sign, signal or device;
(7) Signs and decorations shall not be permitted within the public right-of-way;
(8) No sign shall be placed that resembles any official marker erected by a governmental agency or that displays such words as “stop” or “danger”.
(9) No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide air, ingress or egress to any building or structure;
(10) Any sign with any form of audio speakers or pyrotechnics;
(11) Images projected onto buildings or other objects;
(12) Any signs not listed as permitted are prohibited.
(B) Sign maintenance.
(1) Any signs, including signs painted on buildings, that may be or hereafter become rotted, unsafe or unsightly shall be repaired, repainted or removed.
(2) In the event a business ceases operation for a period of time in excess of 90 days, the sign owner or lessee, or the property owner, shall immediately remove any sign identifying or
advertising the business or any product sold thereby; provided, however, this requirement shall not apply where, under the provisions of this subchapter, an existing conforming sign may be altered to advertise a new business or product sold thereby, and there is evidence that a new business will be in operation on the premises within 60 days.
(3) Upon failure of a sign owner or lessee, or property owner, to comply with this section, the Building Official shall issue a written notice, which shall state that such a sign shall be removed within 30 days.
(4) If the sign owner or lessee, or property owner, fails to comply with such written notice to remove, the Building Official shall report that fact forthwith to the Council.
(5) Thereafter, the Council, after notice and hearing, may cause removal of such sign.
(6) The Council may also grant a building owner an extension of the time necessary to remove the sign.
(a) Any expense incidental to such removal shall be charged to the owner of the property upon which the sign is located, and shall constitute a lien upon the property.
(b) For the purpose of this subchapter, the word REMOVE shall mean:
1. The sign face, along with posts, columns or supports, of freestanding signs, shall be taken down and removed from the property;
2. The sign face and supporting structures of projecting, roof or wall signs shall be taken down and removed from the property;
3. The sign face of painted wall signs shall be removed by painting over it in such a manner as to completely cover up and hide it from sight.
(7) (a) Notwithstanding the provisions above, a sign owner, lessee, mortgagee or contract for deed vendor of the same, may petition the Council in lieu of removal to cover the sign
face or to remove all writing from the sign, or in cases where a successive business may use the same sign, to allow the same sign to remain for a period not to exceed one year.
(b) Upon consideration of the petition, and after weighing the public and private interest, the Council may grant or refuse the exception requested.
(C) Illumination. Lighting shall be directed to illuminate the sign face only.
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(D) Election season preemption.
(1) Notwithstanding any other provisions of this subchapter, all signs of any size containing non-commercial speech may be posted from August 1 in any general election year until ten days following the general election, and 13 weeks prior to any special election until ten days following the special election (as allowed by Minnesota Statutes, Section 211B.045).
(2) Such signs shall be located on private property.
(E) Electronic changeable copy signs and electronic graphic display signs in commercial and industrial districts. Electronic changeable copy signs and electronic graphic display signs are permitted in the C-l and C-2 Districts, provided they meet the following standards:
(1) Location. The sign must be located on the site of the use identified or advertised by the sign.
(2) Size. The electronic changeable portion of a sign is limited to 75 square feet or 50% of the sign face, whichever is greater.
(3) Limitations. One electronic changeable copy sign or electronic graphic display sign is allowed per zoning lot, except that businesses with more than one street front are allowed up to two electronic changeable copy signs or electronic graphic display signs, but only one can be located on any street front.
(4) Setback. Electronic changeable copy signs and electronic graphic display signs are required to be at least 100 feet from a principal residential structure.
(5) Duration.
(a) The message must have a minimum display duration of three seconds that is static during each individual message.
(b) The transition from one static display to another must be three seconds or less.
(6) Spacing. Electronic changeable copy signs and electronic graphic display signs must be separated from other such signs by at least 100 feet.
(7) Messages. Such displays shall be limited to static displays, messages that appear or disappear from the display through dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text or images that appear to move or change in size, or are revealed sequentially rather than all at once.
(8) Text size. Every line of copy and graphics in a display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches in height on a road with a speed limit of 35 to 44 miles per hour, and 12 inches in height on a road with a speed limit of 45 miles per hour or more.
(9) Malfunction.
(a) Every electronic changeable copy sign and electronic graphic display sign must be designed and equipped to freeze the device in one position if a malfunction occurs.
(b) The displays must also be equipped with a means to immediately discontinue the display if it malfunctions.
(c) The sign owner must immediately stop the display when notified by the city that it is not complying with the standards of this subchapter.
(10) Brightness standards.
(a) No sign shall be of such location 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.
(b) No sign shall be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.
(c) The message area of an electronic changeable copy sign and an electronic graphic display sign may be illuminated by incandescent lamps, LEDs (light-emitting diodes) or magnetic discs.
(d) Whatever the light source, undue brightness is prohibited. For the purpose of enforcing this provision, UNDUE BRIGHTNESS will be construed to mean illumination of white portion of the sign in excess of the intensity levels specified below:
1. Day: 7500 nits;
2. Night: 500 nits.
(e) To ensure compliance with this provision, the sign must have an automatic, phased, proportional dimmer, which must be used to reduce nighttime brightness levels (compared to daytime brightness levels).
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(f) Further, prior to the issuance of a permit for an electronic message board sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified above, and the intensity level is protected from end-user manipulation by password-protected software or another method deemed appropriate by the Community Development Director or Building Official.
(Ord. 17150-1, passed 12-8-2009)