(A) Purpose. The purpose of this subchapter is to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective communications, including business identification. It is the intent of this subchapter to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs that meet the city’s goals by authorizing:
(1) Signs that establish a high standard of aesthetics;
(2) Signs that are compatible with their surroundings;
(3) Signs that are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety or unduly distract motorists;
(4) Signs that are large enough to convey their intended message;
(5) Signs that are proportioned to the scale of, and are architecturally compatible with, principal structures;
(6) Signs representing the on-premise owner or occupant; and
(7) Signs that create and maintain high quality through sign type and materials.
(B) Definitions. Signs are a permitted accessory use in all districts subject to the regulations found in this subchapter. For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED SIGN. A sign which no longer identifies or advertises a bona fide business, tenant, service, owner, product or activity, and/or for which no legal owner can be found.
ADVERTISING COPY. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.
AWNING/CANOPY/SIGN. A sign constructed of flexible translucent or fabric-type material that incorporates a written message or logo on its exterior.
BALLOON SIGN. A sign consisting of a bag or similar device of lightweight material supported by helium, hot or pressurized blown air, which is greater than 18 inches in diameter.
BANNERS, FLYING BANNERS, PENNANTS, STREAMERS, and FESTOONS. A temporary sign or attention-getting device generally made of flexible materials, such as paper, cloth, plastic, or any non-rigid material, with no enclosing framework. National and state flags shall not be included in this definition.
BILLBOARD SIGN. Off-premises sign bearing a commercial message not exclusively related to the premises where the sign is located, or to which it is affixed.
BOXED CABINET SIGN. A sign mounted on a face of a building that is roughly rectangular in shape, and provides for internal illumination and the changing of the message of the sign by replacing a single transparent or translucent material such as a Plexiglas/1exan face. This is meant to distinguish between a BOXED CABINET SIGN that is a rectangular box, and one that follows the outlines of the letters of the sign, or an OUTLINED CABINET SIGN.
BUILDING WALL AREA. The building wall area fronting on an improved public road frontage is used to calculate the wall area by using the height of the building wall up to the lowest roof line multiplied by the width of the wall area to the outer most edges of its surface to calculate the total wall area. The maximum amount of total sign surface area allowed for a building is established by use of a percent of the total wall area calculated as determined by this subchapter.
CHANGEABLE ELECTRONIC COPY SIGN. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays.
CHANGEABLE NON-ELECTRONIC COPY SIGN. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged manually.
COMMUNITY OR CIVIC PROMOTION SIGN. An attention-getting device, such as a banner, flag, or other sign type promoting events and activities, that is installed and maintained by the city or others.
CONSTRUCTION SIGN. Any sign that displays information regarding the construction or development of the site on which it is displayed.
DIRECTIONAL SIGN. A sign that serves primarily to direct traffic to the location of a place, area, or activity.
DYNAMIC DISPLAY BILLBOARD. Off-premises sign bearing a commercial message not exclusively related to the premises where the sign is located, or to which it is affixed, that appears to have movement or appears to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the billboard structure itself, or any other component of the billboard. This includes a display that incorporates a technology allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink, or any other technology that allows the sign face to present a series of images or displays.
FLASHING SIGN. See CHANGEABLE ELECTRONIC COPY SIGN.
FREESTANDING SIGN. A sign that is self-supporting and affixed to a frame structure and not attached to a building.
FREESTANDING SIGN SETBACK. The minimum horizontal distance between the freestanding sign structure and the street right-of-way, lot line, or other reference point as provided by this subchapter. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure.
FRONT, BUILDING. The primary building wall and main entrance, which may not necessarily front directly onto a public right-of-way.
FRONT, LOT LINE. The boundary of a lot that abuts an existing dedicated street. For lots abutting more than 1 street, the front shall be that which is the minimum
frontage. For lots abutting more than 1 street with the same frontage, the city shall determine the front lot line.
GROSS AREA, SIGN.
(a) AREA OF FREESTANDING SIGN. The area of the actual sign. It does not include embellishments, such as the monument base, pole covers, framing, or decorative roofing, provided there is no advertising copy on or attached to the embellishments. If the freestanding sign is double-faced, only 1 face is used to calculate sign area.
(b) AREA OF WALL SIGN. That physical area of the sign constituted as the face upon which the advertisement is borne. The NET SURFACE AREA shall be that area enclosed within the smallest regular geometric figure needed to encompass completely all the letters, insignias, or symbols of the sign, including horizontal spacing between letters, insignias or symbols, and including the physical area constituting the face of the sign.
HEIGHT OF SIGN. The vertical elevation of a freestanding sign is measured from the elevation of the ground surface at the base of the sign to the top of the sign structure, limited to the lowest point of the roof or parapet
of the principal building with which the freestanding sign is associated.
IDENTIFICATION SIGN. A sign containing principally the name of the individual or establishment occupying the premises, and which also may include the street address, telephone number, or other information identifying the use.
ILLUMINATED SIGN. Any sign that has characters, letters, figures, designs, or an outline illuminated by electric lights or luminous tubes as a part of the sign proper.
(a) BACKLIT. A light source contained within the sign element or sign cabinet that illuminates by shining through a translucent surface or sign face, except where only the letters of the sign copy are illuminated.
(b) EXTERNAL. A light source outside the sign element or sign cabinet that illuminates by directing light onto the sign surface, such as by floodlights or spotlight.
(c) INTERNAL. A light source contained within the sign cabinet or sign element that illuminates by directing light onto the sign surface, or that illuminates only the letters of the sign copy, and which is not backlighting.
(d) NEON. A light source supplied by neon or other gas in which the light tube is bent to form letters, symbols, or other shapes.
INSTITUTIONAL SIGN. A sign that identifies the name and other characteristics of a public or semi-public institution on the site where the sign is located.
LOGO. An identifying graphic that may or may not be a registered trademark, but which is the official graphic identifier for a business organization.
MARQUEE SIGN. A building sign painted on or attached to a marquee.
MESSAGE CENTER/TIME/TEMPERATURE DISPLAY SIGN. A sign having electrically changing copy that displays current time, temperature, and/or public service announcements.
MONUMENT SIGN. A freestanding sign, not supported by exposed posts or poles, that is architecturally
designed and located directly at grade where the base width dimension is at least as wide as the sign and has no more than 2 sides.
MULTI-TENANT CENTER. A group of commercial, retail, service, or professional establishments with a designed occupancy of 2 or more tenants, with shared parking and visual appearance as a contiguous structure that may or may not be planned, constructed, or managed as a total entity.
NAMEPLATE. A sign indicating the name and address of a building and/or the name of an occupant therein.
NONCOMMERCIAL SIGN. A sign which contains a message not classified as commercial speech, including, but not limited to, signs containing messages concerning political, religious, social, and ideological topics.
NONCONFORMING SIGN. A sign that does not conform to the requirements of this section.
(a) ILLEGAL. A sign which was constructed after the passage of this subchapter or amendments thereto, but which does not conform to the regulations of this subchapter, or a sign which existed prior to the adoption of this subchapter and which did not conform to regulations then in effect.
(b) LEGAL. A sign which lawfully existed at the time of the passage of this subchapter or amendments thereto, but which does not conform to the regulations of this subchapter.
OFF-PREMISES SIGN. A sign that directs attention to a business or profession or to a commodity, service, or entertainment not sold or offered upon the premises where the sign is located or to which it is attached.
ON-PREMISES SIGN. A sign that directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered on the premises where the sign is located or to which it is affixed.
ON-SITE DIRECTIONAL SIGN. A sign that serves solely to direct traffic to the location of a place, area, or activity on-site.
OUTLINED CABINET SIGN. A sign mounted on the face of a building, which roughly follows the shape of the text of the sign and provides for internal illumination. This definition is meant to distinguish between a cabinet sign that follows the outlines of the letters of the sign and one that is essentially a rectangular box, or a BOXED CABINET SIGN. An OUTLINED CABINET SIGN will be treated more like “individual letter signs,” where the area of the sign is based on the actual outlined shape of the letters enclosed within the smallest regular geometric figure to encompass all letters, insignias or symbols of the sign.
PORTABLE SIGN. A sign, with or without copy and/or graphics, that is constructed or placed upon a chassis with wheels, legs, or skids in order to be movable from one location to another, such as may be mounted on an automobile or trailer. This definition does not include permanent identification signs painted directly on vehicles, principally used for transportation, but does include such signs if the vehicles are not used for transportation purposes but are intended rather as a structure to support a sign.
PROJECTING SIGN. A sign with a face perpendicular to the wall of a building upon which it is attached.
PROJECTION SIGN. A sign that is projected by means of a light on an exterior wall or other exterior surface.
PYLON SIGN. Any permanent, freestanding sign mounted on posts or columns.
REAL ESTATE SIGN. Any sign pertaining to the sale, lease, or rental of land or buildings.
ROOF SIGN. A sign mounted on the roof of a building or projecting above the top of the wall or parapet of a building with a flat, gambrel, gable or hip roof, or deck line of a building with a mansard roof.
SANDWICH BOARD SIGN. A freestanding temporary sign with only 2 sides that is situated adjacent to a business with the intent to attract traffic to
the business.
SIGN. Any device, structure, fixture, or placard using graphics, symbols, and/or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, product, goods, or services. This includes symbols, flags, pictures, wording, figures, or
other forms of graphics painted on or attached to windows, walks, awnings, freestanding structures, suspended by balloons or kites, or on persons, animals, or vehicles.
SIGN REFACING. As it pertains to on-premises, permanent wall and freestanding signs and billboard signs, replacing the existing advertising sign face area that is attached to or supported from the sign cabinet and/or main structure. This definition does not include any other rebuilding, reconstructing or reconfiguration of the existing sign cabinet and/or existing supporting structure.
TEMPORARY SIGN. A sign designed or intended to be displayed for a short period of time, and that is not permanently installed. This includes, but shall not be limited to, banners, flying banners, sandwich board signs, pennants, and flags other than community promotion signs, garage sale signs and flyers, for-sale real estate signs, and lawn/curb signs.
TRAFFIC VISIBILITY. The final location of a freestanding sign shall be approved by the city. Signs shall be placed in such a manner so as to not pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from the driveway or street right-of-way. Each sign location is reviewed by the city on a case-by-case basis as part of the sign permit process.
WALL-MOUNTED SIGN. A sign attached essentially parallel to and extending not more than 24 inches from the wall of a building, with no advertising copy on the sides or edges.
(C) General.
(1) Scope of regulations. The sign regulations set forth in this subchapter shall apply to all structures, properties and land uses in the city.
(2) Compliance with standards. No person shall place, erect, or maintain a sign, nor shall a lesser or owner permit property under his or her control to be used for any sign that does not conform to the requirements of this subchapter.
(3) Regulations. The following general regulations shall apply to all signs.
(a) Signs existing on the effective date of this subchapter that do not conform to the regulations set forth in this subchapter are considered nonconforming.
(b) Except for billboard signs as regulated by § 153.209, signs shall not be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
(c) The city may specify the hours any sign may be illuminated. The hours of illumination may be specified on the permit or any time during the life of the sign. Illuminated signs shall have a shielded light source and conform to the lighting requirements in § 153.185.
(4) Message substitution. In all districts, any sign allowed under this subchapter is allowed to contain noncommercial speech in lieu of a commercial message.
(5) Permission of property owner. Signs may not be posted on public or private property without the permission of the underlying property owner.
(6) Posting of noncommercial signs in state general election years. Pursuant to M.S. § 211B.045, notwithstanding any language to the contrary in this section, noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until 10 days following the state general election. During this time period, noncommercial signs may be placed in unimproved areas of the public right-of-way provided that all portions of the sign are located at least 5 feet from any improved portion of the right-of-way and at least 2 feet from any sidewalk or trail. Signs may only be placed in the unimproved public right-of-way with the permission of the abutting property owner and shall not obstruct driver visibility. Signs may not be placed in or on roundabouts.
(D) Prohibited signs. The following signs and advertising devices shall be prohibited:
(1) Any sign that, by reason of its location, shape, movement, color, lighting intensity, or any other manner, interferes with the proper and safe functioning of a traffic sign or signal, obstructs the vision of pedestrians, cyclists, or motorists traveling on or entering public streets, or otherwise constitutes a traffic hazard or a public nuisance, as defined by the city;
(2) Balloon signs or standard balloons greater than 18 inches in size;
(3) Pennants, ribbons, streamers, festoons, flying banners;
(4) Flashing signs;
(5) Portable signs;
(6) Roof signs, including signs mounted on a roof surface or projecting above the roofline or wall of a structure, if either attached to the structure or cantilevered over the structure, except as allowed by § 153.208(J);
(7) Signs painted on or attached to trees, rocks, or other natural surfaces or attached to public utility poles, bridges, or similar public structures;
(8) Signs painted on buildings or fences in any district, except for murals or artwork approved by the City Council;
(9) Search lights, strobe lights, or projection signs;
(10) Signs in the public right-of-way or easements or any type unless otherwise approved by this subchapter;
(E) Exempt signs. The following signs are exempt from the requirements of this subchapter:
(1) Official public notices or signs required by local, state, or federal regulations;
(2) Governmental signs, including but not limited to, traffic control and other regulatory purpose signs, street signs, informational signs, danger signs, local government park signs, local government building signs, and railroad crossings;
(3) Home security signs, "no trespassing," and "no parking" signs, provided the total signage on a zoning lot shall not exceed 2 square feet in area, the signs shall not be placed or maintained in the public right-of-way, and shall not be illuminated;
(4) Historical plaques by recognized historical agencies, provided the signs shall not be placed or maintained in the public right-of-way, shall not be illuminated, and shall not exceed 4 square feet in area;
(5) Permanent or temporary interior signs not visible from the exterior of a structure;
(6) Informational signs displayed strictly for the convenience of the public, including signs identifying restrooms, waste receptacles, addresses, doorbells, mailboxes, or building entrances;
(7) Permanent window signs occupying no more than 25% of the window area in commercial districts, mixed use commercial districts, industrial districts, and existing nonconforming commercial uses fronting on a minor connector roadway as shown in the adopted Comprehensive Plan.
(F) Sign permit.
(1) Application procedure. No person shall erect, place, construct, reconstruct, alter, or relocate any sign without a permit. The application for a permit shall be submitted on a form furnished by the city. A sign permit is not required for signs specifically exempted by these regulations, the refacing of an existing wall or freestanding sign advertising sign face area, the changing of the temporary message content of a temporary or permanent sign, including but not limited to, temporary or permanent window signs, changeable electronic and non-electronic copy temporary messages, gasoline prices, and drive-thru menu board pricing and food items, provided that all other requirements of this subchapter are met.
(2) Issuance of sign permit. Upon filing of an application, the city shall examine the plans and accompanying data and determine if they are in compliance with the provisions of this subchapter. Sign permits shall expire 180 days from the date of issuance for all permanent signs if the sign has not been constructed or installed.
(3) Fee. The applicant shall pay a permit fee, which is a flat fee established by ordinance on an annual basis. In addition to the permit fee, an applicant for a billboard sign must pay an initial fee and an annual fee established by ordinance on an annual basis.
(4) Sign installer. No person, firm, or corporation shall engage in the business of erecting, placing, constructing, reconstructing, altering, or relocating permanent wall signs or freestanding sign structures within the city, without first having procured a license from the city for a fee established by ordinance payable on an annual basis, except that the owner, lessee or occupant of the property upon which the sign is located may perform the actual work, provided the person has obtained a permit for the sign. Any person who shall violate any provision of this division shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with § 10.99 of the City Code, and the person's license granted under this division may, in such case, be revoked by the City Council.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 616, passed 7-9-2012; Am. Ord. 678, passed 7-23-2018; Am. Ord. 722, passed 3-27-2023)