SECTION 7B-310.   I-35 CORRIDOR LARGE OFF-PREMISES SIGNS.
Large or over-sized off-premises signs, commonly called "highway billboards," are permitted within the I-35 Corridor, as long as the following conditions or restrictions are met:
   A.   Setbacks. Except as modified by this Section, any new off-premises sign structures constructed after the effective date of this ordinance, must be setback a minimum of twenty (20) feet from any public right-of-way. No off-premises sign shall obstruct in any way a driver's vision of the road or hinder or obstruct any pedestrian path.
   B.   Commercial or Industrial Zoning. The property upon which the large off-premises sign is erected must be located within the, C/S, HR, or LI Zoning District.
   C.   State and Federal Laws. The requirements of State and federal law must be met before a permit is issued (see MINN. STAT. Ch. 173 (1991), and MINN. RULES, Parts 8810.0200 through 8810.1400 (1989), as amended).
   D.   Size. The sign face of a large off-premises sign shall not exceed 720 square feet and shall not exceed 1,440 square feet total for a multi-sided sign.
   E.   General Requirements. Large off-premises signs are subject to the following requirements:
      1.   All static signs shall be located no closer than 3,750 feet from another permitted or nonconforming large off-premises static or dynamic sign on the same side of the highway except that existing signs subject to an Interim Use Permit erected at a shorter distance may be issued up to one additional Interim Use Permit term.
      2.   Dynamic signs shall be located no closer than 3,750 feet from another permitted dynamic sign in excess of 200 square feet. The 3,750-foot measurement is a 360 degree measurement, calculated as a straight line from one dynamic sign to another dynamic sign, including measurements across the Interstate Highway as well as measurements to a permitted dynamic sign located on any other Interstate Highway.
      3.   Large off-premises signs shall be located no closer than 750 feet from a state, county, or city park, historic site, public picnic grounds, highway rest area, on-ramp or off-ramp, church or school.
      4.   Large off-premises signs shall be located no closer than 500 feet from any area zoned RR or SR.
      5.   Large off-premises signs shall be located so as to not obstruct the view of any permitted on-premises sign.
      6.   Illuminated signs shall be located and the source of illumination shielded so that neither the light source, nor direct visible rays or glare project beyond the surface of the sign to be illuminated.
      7.   Large off-premises signs shall be located not less than 25 feet, nor more than 45 feet from the ground elevation on which the sign is erected.
      8.   Large off-premises signs shall be constructed and mounted with a load factor consistent with the Minnesota State Building Code. Applicants shall submit structural plans certified by a licensed structural engineer.
      9.   Dynamic sign messages shall not change at intervals less than once every 8 seconds. The duration of the transition of the electronic image message change shall be instantaneous and include no fading, scrolling, or other special effects.
      10.   All dynamic off-premises signs must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs.
      11.   All dynamic off-premises signs must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness according to ambient conditions. In addition, all dynamic signs must be equipped with a default mechanism that will eliminate sign lighting or freeze the brightness at 500 nits when a malfunction in the automatic dimmer control occurs.
      12.   All static off-premises signs converted to dynamic off-premises signs shall be required to bury any electrical power lines located on the subject property and serving the sign structure.
      13.   A static off-premises sign converted to a dynamic off-premises sign shall be prohibited from conversion to a static off-premises sign.
      14.   All electrical equipment and wiring shall be enclosed in a shroud or other equipment box that is visually integrated into the sign structure.
      15.   Off-premises signs shall be allowed a three-dimensional protrusion as long as it does not extent further than four (4) feet above the top of the sign. An extension shall not be larger than 25% of the face of the sign and must form an integral part of the advertising design.
      16.   Any off-premises sign subject operating under a new or reissued Interim Use Permit term must be improved to conceal exposed metal support columns, consistent with the following standards:
         a.   Support columns shall be concealed by materials that are primarily natural stone, brick, approved masonry or stucco panels, or similar materials, and the design shall be approved by the Planning Commission in conjunction with the Interim Use Permit review. The concealment shall be a minimum of six (6) feet in width, and a minimum of twelve (12) feet in height.
         b.   All updated billboards concealments should be a uniform shape, and uniform color scheme and design (tan/beige/earth tone), based on an approved set of design standards.
         c.   All updated billboards should have a sign bearing the word "Columbus" placed near the top of the support structure.
         d.   Signs bearing the City's name should be oval in shape, with black lettering matching that of the new TH97 bridge with a tan/sandstone backdrop visible from traffic on Interstate 35.
   F.   Interim Use Permit. Large off-premises signs shall only be erected or maintained upon approval of an Interim Use Permit. Interim Use Permits granted by this section shall be temporary in nature. Interim Use Permits for static large off-premises signs shall be valid for a period of ten (10) years, but not later than December 31, 2031, or until any governmental agency with authority for construction of public roadways requires the underlying property for roadway purposes. Interim Use Permits for dynamic large off-premises signs shall be valid for a period of no more than twenty (20) years. Interim Use Permits shall be granted to a designated person or entity, and are not transferable to other persons or entities. An Interim Use Permit will terminate upon: (1) a violation of the conditions or terms of the permit; (2) a change in the zoning regulations that render the use nonconforming; (3) subdivision of the property; or (4) establishment of any use other than a single-family residence or agricultural use on the property after the effective date of this ordinance. Upon termination of an off-premises sign Interim Use Permit, the owner of the sign structure shall remove the structure and provide written notice to the City Administrator of such removal within sixty (60) days of the termination of the Interim Use Permit. Notwithstanding the foregoing, any Interim Use Permit which was granted prior to the effective date of this ordinance shall be allowed to continue under same conditions of approval until its current Interim Use Permit term expires or until there is a violation of the conditions of the permit, whichever occurs first.
      1.   Interim Use Permit Applications. Applications for large off-premises sign Interim Use Permits shall be filed with the City Administrator, together with a filing fee established by City Council. The application shall be forwarded to the Planning Commission for a public hearing. The Planning Commission shall consult with and consider the recommendations of the City Administrator, City Planner, City Engineer, and City Building Official in its deliberations and recommendations to the City Council for the Interim Use Permit. The procedure and requirements for the application and public hearing for an Interim Use Permit are described in Sections 7A-530 and 7A-531 of the Columbus City Code. The City Council shall consider the recommendations of the Planning Commission and City Administrator, City Planner, City Engineer, and City Building Official in its action on the Interim Use Permit application.
      2.   Interim Use Permit Renewal. Upon the expiration of the initial term of an approved Interim Use Permit, an applicant may re-apply for renewal of an Interim Use Permit for a large off-premises sign in the same manner as an initial application. Prior granting of an Interim Use Permit does not give an applicant any vested right to renewal. Interim Use Permits shall conform to restrictions or conditions as the City Council may determine are necessary to avoid conflict with surrounding land usage.
      3.   Dynamic sign conversion of existing Interim Use Permits for large off-premises signs. Applicants with an existing Interim Use Permit for a large off-premises sign may apply for an amendment to allow a dynamic sign. Applications for amendments to an existing Interim Use Permit are made in the same manner as an initial application under this Section. In considering the application to amend the existing Interim Use Permit, the Planning Commission and City Council shall consult with and consider the recommendations of the City Administrator, City Planner, City Engineer and City Building Official. Interim Use Permits shall conform to restrictions or conditions as the City Council may determine are necessary, including the term of the amended Interim Use Permit, to avoid conflict with surrounding land usage.
      4.   Dynamic sign conversion of existing legally nonconforming Conditional Use Permits for large off-premises signs. Applicants with an existing legally nonconforming Conditional Use Permit for a large off-premises sign may apply for a dynamic off-premises sign by terminating the existing nonconforming Conditional Use Permit and applying for an Interim Use Permit for the dynamic off-premises sign. Applications for the Interim Use Permit are made in the same manner as an application under this Section. In considering the application to issue an Interim Use Permit, the Planning Commission and City Council shall consult with and consider the recommendations of the City Administrator, City Planner, City Engineer and City Building Official. Interim Use Permits shall conform to restrictions or conditions as the City Council may determine are necessary, including the term of the Interim Use Permit, to avoid conflict with surrounding land usage.
   G.   Public Service Messages. In all new or amended Interim Use Permits for dynamic large off-premises signs, the applicant shall be required to provide a minimum number of public messaging opportunities, such as "Amber Alerts," traffic and weather advisories, community events, and similar public messages. The number and sequencing of public messaging shall be comparable to the average number and sequencing of public messaging opportunities on dynamic large off-premises signs throughout the Twin Cities Metropolitan Area, or as agreed upon by the City Council and applicant in the conditions of the Interim Use Permit.
   H.   Findings. The City Council shall make the following findings when issuing an Interim Use Permit for a large off-premises sign:
         a.   The structure and sign conform to the regulations of this Section and other applicable provisions of the Columbus City Code;
         b.   The date or event that will terminate the use can be identified with certainty;
         c.   Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and
         d.   That the user agrees to any conditions that the City Council deems appropriate for permission of the use.
[§ 7B-310 added by Ord. No. 10-06, effective May 6, 2010, amended by Ord. No. 19-06, effective December 19, 2019; amended by Ord. No 20-05, effective November 5, 2020..]