§ 153.064 SIGNS.
   (A)   Exempt signs. The following signs are exempt from the regulations set forth herein, provided that any exempt sign, if illuminated, shall be internally illuminated or lit so that the light source is directed away from adjoining residences, streets, or sidewalks:
      (1)   Signs not exceeding two square feet in area and bearing only property numbers, post box numbers and names of occupants of premises;
      (2)   A sign not exceeding two square feet in area which is non-illuminated and mounted flat against the wall of the principal building is allowed for home occupations;
      (3)   Flags and insignias of any government except when displayed in connection with a commercial promotion;
      (4)   An advertising sign in connection with a lawfully maintained nonconforming use or conditional use, which complies with the conditions of approval, if any, and division (B) below;
      (5)   Legal notices, identification, informational or directional signs erected or required by governmental bodies;
      (6)   A sign advertising only the sale, rental or lease of the building or premises, which may not exceed 16 square feet in area and five feet in height;
      (7)   A sign not to exceed 32 square feet in area is permitted for each entrance to a subdivision or tract identifying the subdivision or tract name;
      (8)   A sign not to exceed 32 square feet in area is permitted for each entrance to a subdivision advertising the availability of lots in a subdivision. All signs meeting this criteria may remain up until 75% of lots in the subdivision are sold, or three years following substantial completion of the subdivision development, whichever comes first;
      (9)   Signs measuring not more than 16 square feet in area connected with political elections and in conformance with Minnesota Statutes;
      (10)   On-site signs during construction, not to exceed 32 square feet, advertising contractors, financial institutions, or other services associated with the development of commercial or residential properties; and
      (11)   No exempt sign(s) shall be placed upon city property or right-of-way without Planning Commission approval.
   (B)   On-premise signs. On-premise signs shall be permitted upon verification of compliance with the following provisions:
      (1)   The on-premise sign is located in a commercial zoning district (C-1, C-2 or C-3), or an industrial zoning district (I-1 or I-2);
      (2)   On-premises signs for nursing homes, assisted living facilities, retirement homes, child care centers, publicly owned governmental and cultural buildings, government and publicly regulated utility buildings and structures, religious institutions, and day care facilities are permitted;
      (3)   A sign permit must be obtained prior to installation of any commercial signs, with the exception of signs mounted flat against a building or that are otherwise not regulated by this chapter;
      (4)   The foundation base and posts of all signs may not be located upon city property or rights-of-way unless approved by the Planning Commission;
      (5)   No part of any sign or projection may protrude over the public right-of-way within six feet of the actual or proposed curb line. Signs, marquees, awnings and similar projections may project over the right-of-way a maximum of six feet provided no part is within six feet of the curb line and that it is over eight feet above the sidewalk or the average grade at property line when no sidewalk is in place. If the street is widened, the sign would have to be removed or adjusted at the owner's expense to maintain the six foot distance of the curb regulation;
      (6)   No part of any sign or projection may be located within 30 feet of the intersecting curb line of an intersection if it shall impede vision between a height of 30 inches and eight feet;
      (7)   All sources of artificial light other than street lights shall have a fixed direction and shall be designed to not increase the amount of light to any abutting residential lot nor to confuse, distract, or be a hazard to vehicular traffic;
      (8)   All sign installations shall also conform to Minnesota Department of Transportation and Federal Aviation authorities wherever applicable; and
      (9)   It is the obligation of the installer to check for any or all underground utilities or services before excavating for sign foundations.
   (C)   Off-premise signs. Off-premise signs shall be permitted upon verification of compliance with the following provisions:
      (1)   A conditional use sign permit must be obtained prior to installation of any off-premise signs;
      (2)   The foundation base and posts of all signs may not be located upon city property or rights-of-way unless approved by the Planning Commission;
      (3)   The off-premise sign is located in a zoning district that allows off-premise signs as a conditional use;
      (4)   Off-premise signs must be set back from residential zoning district boundaries a distance of 250 feet. Setback dimensions will be a straight line measurement from the residential district boundary to the center line of the sign standard;
      (5)   The off-premise sign measures no more than 99 square feet in area, inclusive of the border and trim, but exclusive of the base or apron, supports, or other structural members;
      (6)   The height of any off-premise sign, including support structures measured from the highest centerline grade of any adjacent street, may not exceed 35 feet when located closer than 100 feet from a property line and not more than 50 feet when located more than 100 feet from a property line. Height measurement will be taken from the highest centerline grade of any adjacent street;
      (7)   No off-premise signs may be located closer than 250 feet apart, unless separated by an interstate highway or principal arterial. Separation will be a straight line measurement from the center line of the sign standards;
      (8)   It is the obligation of the installer to check for any or all underground utilities or services before excavating for sign foundations;
      (9)   All sign installations shall also conform to Minnesota Department of Transportation and Federal Aviation authorities wherever applicable; and
      (10)   All sources of artificial light other than street lights shall have a fixed direction and shall be designed so that the source of light is directed away from adjoining residences, streets, or sidewalks.
   (D)   Off-premise electronic changeable copy and graphic display signs.
      (1)   Off-premise electronic changeable copy or graphic display signs must be set back from residential zoning district boundaries a distance of 500 feet. Set back dimensions will be a straight line measurement from the residential district boundary to the center line of the sign standard;
      (2)   The electronic portion of a sign is limited to the allowable size for off-premise signs;
      (3)   The electronic message must have a display duration of seven seconds that is static during each individual message. No portion of the message may flash, scroll, twirl, change color, fade in or fade out, or imitate movement. The transition from one static display to another must be instantaneous;
      (4)   The text of the electronic message must be limited to allow the entire copy to be read with minimal distraction;
      (5)   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 - 34 miles per hour, nine inches on a road with a speed limit of 35 - 44 miles per hour, and 12 inches on a road with a speed limit of 45 per miles per hour or more;
      (6)   Every off-premise electronic changeable copy or graphic display sign must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with the means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the display when notified by the city that it is not complying with the standards of this section;
      (7)   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:
      (8)   No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal;
      (9)   The message of an off-premise electronic changeable copy or graphic display sign may be illuminated by incandescent lamps, LED (light emitting diodes), or magnetic discs. Regardless of light source, undue brightness is prohibited. For the purpose of this section, UNDUE BRIGHTNESS will be construed to mean illumination of a white portion of the sign in excess of the intensity levels specified below:
         (a)   Day: 7,500 nits; and
         (b)   Night: 500 nits.
      (10)   To ensure compliance with this section, the sign must have an automatic phased proportional dimmer, which must be used to reduce nighttime brightness levels (compared to daytime brightness levels). 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 intensify has been factory preset not to exceed the levels specified above and the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the city.
   (E)   Billboard signs. Billboard signs shall be permitted upon verification of compliance with the following provisions:
      (1)   A conditional use sign permit must be obtained prior to installation of any billboard sign;
      (2)   The foundation base and posts of all signs may not be located upon city property or rights-of-way unless approved by the Planning Commission;
      (3)   The billboard sign is located in a zoning district that allows billboard signs as a conditional use;
      (4)   Billboard signs must be set back from residential zoning district boundaries a distance of 250 feet. Set back dimensions will be a straight line measurement from the residential district boundary to the center line of the sign standard;
      (5)   The billboard sign measures no less than 100 square feet but shall not exceed 300 square feet in area, inclusive of the border and trim, but exclusive of the base or apron, supports, or other structural members:
      (6)   The height of any billboard sign, including support structures measured from the highest centerline grade of any adjacent street, may not exceed 35 feet when located closer than 100 feet from a property line and not more than 50 feet when located more than 100 feet from a property line. Height measurement will be taken from the highest centerline grade of any adjacent street:
      (7)   No billboard signs may be located closer than 5,000 feet apart, unless separated by an interstate highway or principal arterial. Separation will be a straight line measurement from the center line of the sign standards:
      (8)   No billboard sign may be located closer than 250 feet from any off-premise sign, unless separated by an interstate highway or principal arterial. Separation will be a straight line measurement from the center line of the sign standards;
      (9)   It is the obligation of the installer to check for any or all underground utilities or services before excavating for sign foundations:
      (10)   All sign installations shall also conform to Minnesota Department of Transportation and Federal Aviation authorities wherever applicable:
      (11)   All sources of artificial light other than street lights shall have a fixed direction and shall be designed so that the source of light is directed away from adjoining residences, streets, or sidewalks.
   (F)   Billboard electronic changeable copy and graphic display signs.
      (1)   Billboard electronic changeable copy or graphic display signs must be set back from residential zoning district boundaries a distance of 500 feet. Set back dimensions will be a straight line measurement from the residential district boundary to the center line of the sign standard;
      (2)   The electronic portion of a sign is limited to the allowable size for billboard signs;
      (3)   The electronic message must have a display duration of seven seconds that is static during each individual message. No portion of the message may flash, scroll, twirl, change color, fade in or fade out, or imitate movement. The transition from one static display to another must be instantaneous;
      (4)   The text of the electronic message must be limited to allow the entire copy to be read with minimal distraction;
      (5)   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 - 34 miles per hour, nine inches on a road with a speed limit of 35 - 44 miles per hour, and 12 inches on a road with a speed limit of 45 per miles per hour or more;
      (6)   Every billboard electronic changeable copy or graphic display sign must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with the means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the display when notified by the city that it is not complying with the standards of this section;
      (7)   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;
      (8)   No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal;
      (9)   The message of a billboard electronic changeable copy or graphic display sign may be illuminated by incandescent lamps, LED (light emitting diodes), or magnetic discs. Regardless of light source, undue brightness is prohibited. For the purpose of this section, UNDUE BRIGHTNESS will be construed to mean illumination of a white portion of the sign in excess of the intensity levels specified below:
         (a)   Day: 7,500 nits; and
         (b)   Night: 500 nits.
      (10)   To ensure compliance with this section, the sign must have an automatic phased proportional dimmer, which must be used to reduce nighttime brightness levels (compared to daytime brightness levels). 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 preset not to exceed the levels specified above and the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the city.
   (G)   Portable signs. Any sign which is constructed so as to be movable, either by skids, wheels, truck or other conveyance; any sign which does not have a permanent foundation or is not otherwise permanently fastened to the ground; and cloth signs or banners (of any material) shall be considered portable signs. When on a trailer, the removal of wheels or undercarriage does not place the sign in another category, nor does the anchoring of the sign by means of concrete blocks, sandbags, or other types of temporary anchors. Portable signs are permitted provided:
      (1)   That the portable sign is located in a business (C-1, C-2 or C-3) or industrial (I-1 or I-2) zone;
      (2)   On-premise portable signs are used for directing attention to a business, profession, product, service, activity or entertainment conducted, sold or offered on the same premises upon which the sign is located. Portable signs for this purpose can only be erected for up to 30 days at a time. Entities must wait 60 days following the removal of a portable sign before erecting another on-premise portable sign;
      (3)   Portable signs advertising special events or fundraisers held within the city for non-profit organizations are permitted for a period not to exceed 30 days prior to an event;
      (4)   That no portable sign may exceed 60 square feet in area or 8 feet in height;
      (5)   That no portable sign may be placed upon public right-of-way without consent of the Planning Commission;
      (6)   No portable sign may have blinking, flashing or fluttering lights or other illuminating devices which have a changing intensity, brightness, or color;
      (7)   Only one portable sign may be placed upon a parcel at any given time, except in the case of multiple-tenant sites with six or more active businesses, where two portable signs will be allowed on the parcel at any given time; and
      (8)   Businesses are allowed to utilize 28 days worth of off-premise portable signage in a calendar year. These signs are only allowed a maximum of 14 consecutive days. After the removal of an off-premise portable sign, businesses must wait 60 days before erecting another off-premise portable sign.
   (H)   Sign maintenance. All signs and sign structures must be kept in good repair and in a proper state of maintenance, including, but not limited to, replacing lamps, replacing ballast in freestanding signs, replacing transformers in building identification signs, painting the pole of freestanding signs and the cabinet of freestanding or wall-mounted signs, replacing or repairing the sign face, replacing trim, and the replacement of sign fasteners. If the Zoning Administrator finds that a sign is not in a proper state of repair, the city may after 30 days written notification, repair, modify or remove the sign and special assess the charges for said work against the property owner.
(Ord. passed - -; Ord. 21-02, passed 3-8-2021)