§ 153.47 SIGNS.
   (A)   Purpose and intent. The purpose of this section is to establish regulations that govern the use, approval, construction, change, replacement, location, and design of signs within the city. This section is not intended to and does not restrict, limit, or control the content or message displayed on any sign. The specific purposes of this section are to:
      (1)   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 of the community.
      (2)   Maintain, enhance, and improve the aesthetic environment of the city by preventing visual clutter that is detrimental to the appearance of the community.
      (3)   Improve the visual appearance of the city while providing effective means of communication, consistent with constitutional guarantees.
      (4)   Provide for fair and consistent enforcement of the sign regulations set for herein under the zoning authority of the city.
   (B)   Substitution clause. The owner of any sign that is otherwise allowed under this section may substitute non-commercial speech for any other commercial or non-commercial speech without any additional approval or permitting, notwithstanding any provision to the contrary.
   (C)   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 each section, subsection, sentence, or phrase herein despite any one or more sections, subsections, sentences, clauses, or phrases being declared invalid.
   (D)   Definitions. See § 153.10.
   (E)   Non-conforming signs. After the effective date of this chapter, no sign permit shall be issued, nor shall any sign, except as hereinafter specified, be erected, substantially improved, converted, enlarged, moved, or structurally altered without conforming with the provisions of this section. A non-conforming sign may be continued in its prior non-conforming condition subject to the following requirements:
      (1)   Normal maintenance shall be allowed including the repair, replacement and repainting of a sign face, lettering, or other sign materials, so long as the location, configuration and sign area of the sign remain the same.
      (2)   No sign shall be enlarged or altered in a way which increases its non-conformity.
   (F)   Permit required. It is unlawful for any person to maintain, install, erect, re-erect, relocate, or modify any sign without first obtaining a permit except as provided in division (2) below.
      (1)   Application and fee. Applications for sign permits shall be made in writing upon forms furnished by the city. The fee for the permit shall be based on the city's fee schedule as adopted by the City Council. Each application for a permit shall set forth the correct legal description of the tract of land upon which the sign presently exists or is proposed to be located, the location of the sign on said tract of land, the manner of construction and materials used in the sign, a complete description and sketch of the sign, and any other information required by the Zoning Administrator to accurately review the application for conformance with this section.
      (2)   Exemptions. No permit shall be required for the following signs; provided however, that all signs herein exempted from the permit requirements shall conform with all other requirements of this section:
         (a)   Permanent window signs. Such signs shall maintain a minimum of 50% of the area of the window in which the sign is placed, mounted or painted to remain free from signage.
         (b)   Signs having an area of two square feet or less.
         (c)   Signs which are entirely within a building and not visible from outside of said building.
         (d)   Memorial signs or tablets, names of buildings and date of erection when cut into or attached to any masonry surface or noncombustible material within the building façade.
         (e)   Address signs.
         (f)   Replacement and/or repainting of a sign face, lettering, or other sign material so long as the location, configuration and area of the sign remain the same.
   (G)   Construction standards.
      (1)   Signs shall be constructed and maintained in a manner where they will be safe to the general public.
      (2)   Signs shall be designed as an integral architectural element of the building and site to which it principally relates. Materials and colors that are compatible with the character and architectural detail of the building and the surrounding environment shall be used on all signs. The exposed backs of all signs and sign structures shall be painted a neutral color.
      (3)   Permanent signs shall be constructed to meet the current Minnesota State Building Code, as amended, and all applicable standards of this section.
      (4)   All illuminated signs shall conform to division (J)(5), below. All electrical wiring of signs shall comply with the provisions of the current National Electrical Code, as amended.
   (H)   Sign maintenance.
      (1)   Painting. The owner of any sign shall be required to have such sign properly repainted whenever its paint begins to fade, chip or discolor, including all parts and supports of the sign, unless such parts or supports are galvanized or otherwise treated to prevent rust.
      (2)   Obsolete signs. Any sign which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building, or land upon which the sign may be found within 30 days after written notice from the city.
      (3)   Unsafe or dangerous signs. Any sign which is in a state of disrepair, becomes structurally unsafe or endangers the safety of a building or premise or endangers the public safety shall be considered a nuisance.
   (I)   Variance. The city may grant a variance from the square footage, height, and setback requirements of this section in accordance with the variance provisions of this chapter.
   (J)   General provisions applicable to all districts.
      (1)   Prohibited signs. The following signs are prohibited in all districts:
         (a)   Off-premises signs.
         (b)   Signs containing statements, words, or pictures of an obscene, indecent, or immoral character, or such as would offend public morals or decency.
         (c)   Signs painted, attached or in any manner affixed to utility poles, trees, rocks, or similar natural surfaces.
         (d)   Roof signs.
         (e)   Signs that resemble any official marker erected by a government agency by reason of position, shape, or color, which would interfere with the proper function of a traffic sign, signal or be misleading to vehicular traffic.
         (f)   Signs in, upon, or projecting into any public right-of-way or easement, except for projecting signs as regulated in the B-1, Central Business District.
         (g)   Signs located within the sight triangle or located to otherwise interfere with the ability of vehicle operations or pedestrians to see traffic signs or signals, or which impede the vision of traffic.
         (h)   Signs which obstruct any window, door, fire escape, stairway or opening intended to provide ingress or egress to any structure or building.
         (i)   Any sign not in conformance with these regulations, other than a non-conforming sign.
         (j)   Any other sign not expressly permitted by the provisions of this section.
      (2)   Address signs. To aid emergency personnel, postal delivery, and the navigation of traffic, one address sign shall be required per building in all districts and shall not exceed two square feet in area for each place of business or dwelling unit, indicating only name and address. One nameplate sign for each place of business or dwelling group of four to 12 businesses or dwelling units, shall not exceed six square feet in area per surface. One nameplate sign for each place of business or dwelling group of twelve or more businesses or dwelling units, shall not exceed 12 square feet in area per surface, and no sign shall have more than two display surfaces. No permit or registration is required.
         (a)   Address signs shall be located on the side of the building that faces the street in the address. One sign shall be located on the main entrance of the building if it does not face the street in the address.
         (b)   Address signs shall be located no lower than five feet above ground level and no higher than one foot below the roof line.
      (3)   Temporary signs. The following regulations apply to temporary signs within the city. If they are not removed by the date specified, the signs may be taken down by the city and the cost of removal charges assessed to the registrant.
         (a)   Signs containing non-commercial speech. Subject to M.S. § 211B.045, as it may be amended from time to time, and notwithstanding the other provisions contained in this section, signs containing non-commercial speech may be posted beginning 46 days before a primary election in a 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. No permit or registration is required for this type of sign. Said signs containing non-commercial speech may be placed on private property or on the right-of-way in front of any private property with the approval of the property owner. Signs may not be placed on any publicly owned property or right-of-way adjacent thereto.
         (b)   Banners and pennants may be displayed upon issuance of a temporary sign permit for 14 days. No more than two temporary signs may be displayed at one time per principal structure. A maximum of eight display weeks for temporary signs per establishment per year are allowed.
         (c)   Special event signs may be erected and maintained for a period not to exceed 30 days prior to the date of the event and shall be removed within five business days following the event.
         (d)   Construction sites. Two signs may be installed at a construction site in any district, for the period of construction, subject to the following conditions:
            1.   The sign shall be removed within seven days of the closing listed on the registration permit or end of construction period, whichever is sooner.
            2.   The maximum size of such sign shall not exceed 32 square feet or eight feet in height, unless adjacent to a principal arterial, in which case no such sign shall exceed 100 square feet or 15 feet in height.
         (f)   Property for sale or lease. A sign may be placed upon property in any district advertising it is for sale or lease or pending such. Only one such sign shall be permitted per street frontage with the following conditions:
            1.    For sale or lease signs shall be removed within seven days following the lease or sale.
            2.   The maximum size of such sign shall not exceed 32 square feet and eight feet in height, unless adjacent to a principal arterial, in which case no such sign shall exceed 100 square feet or 15 feet in height.
            3.   The sign shall not be placed in the public right-of-way.
         (g)   Directional signs shall be permitted in any district upon the issuance of a temporary sign permit. Such signs shall comply with the following requirements:
            1.   The sign shall be for the purpose of providing directions to a business establishment, and not for advertising, and shall include only the name of the establishment or logo and a directional arrow.
            2.   The sign shall be placed on private property, subject to the written approval of the property owner.
            3.   The sign must be placed ten feet from any street right-of-way line or internal property line.
            4.   The sign shall be temporary and shall be removed within one year of placement.
            5.   The sign shall not exceed 32 square feet and six feet in height as measured from the ground to the top of the sign.
            6.   The sign shall comply with applicable state and county regulations.
            7.   The sign shall not be illuminated, will be neutral in color, and not conflict with traffic signage.
            8.   The temporary sign permit may impose limits on the number and appropriate location of signage. In no event will any establishment be allowed more than one sign per intersection, nor more than one sign per parcel of land. The proximity of the proposed signage to TH 5, 19, or 22 and other directional signage, and the number of traffic turns required to reach a business location will be considered in determining the permitted number of signs and permitted location for signage.
         (h)   Signs in developing subdivisions. During the development of a new subdivision consisting of two or more lots up to two signs not to exceed 12 feet in height may be displayed. The city shall not review or consider the content of any message to be displayed on such signs. In addition to the signs mentioned above, there shall be permitted one sign not exceeding four square feet, and not more than six feet in height, per lot in the subdivision. All signs allowed according to this division shall be removed when 75% of the lots in the subdivision are fully developed, or within two years following the beginning of development in the subdivision, whichever comes first. No signs allowed according to this division may be illuminated.
      (4)   Dynamic signs. Dynamic signs may be permitted with the following conditions:
         (a)   Dynamic displays are permitted as follows:
            1.   On monument signs or wall signs associated with uses allowed under conditional use permit. Dynamic displays may occupy no more than 35% of the allowable monument or wall sign area.
            2.   B-1, B-2, and B-3 Districts on monument, pylon, and wall signs for any permitted or conditionally permitted uses, occupying up to 35% of the allowable sign area.
         (b)   The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign.
         (c)   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 chapter.
      (5)   Illuminated signs. The following standards apply to illuminated signs which may be permitted with the following conditions. Illuminated sign shall:
         (a)   Have a shielded light source.
         (b)   Be equipped with an automatic dimmer control to produce the illumination change required and a means to immediately turn off the display or lighting if the illuminated sign malfunctions.
      (6)   Master sign plan for multiple tenant occupancies.
         (a)   Master sign plans are preferred for all multiple tenant developments and/or structures.
         (b)   Sign placement and material for multiple tenant signs shall be uniform and consistent with the development.
         (c)   All signs contained in the master sign plan shall conform to the architectural, design, location, and performance standards of this section. Standards contained in this section applicable to specific types of signs and specific zoning districts shall apply to any/all multiple tenant signs.
      (7)   Comprehensive sign plan.
         (a)   A comprehensive sign plan may be issued for multiple tenant occupancies and/or commercial planned unit developments within the B-1, B-2, B-3, I-1, and I-2 Districts. A comprehensive sign plan is an alternative to the strict adherence of regulations contained in this section.
         (b)   The comprehensive sign plan process is intended to encourage a flexible procedure to review area-wide signage plans that:
            1.   Are appropriately related to the overall character of the development.
            2.   Provide adequate identification and information.
            3.   Maintain an acceptable visual environment.
            4.   Promotes traffic safety.
            5.   Are consistent with the purpose and intent of this chapter.
         (c)   The comprehensive sign plan or any modification thereto, may contain such conditions, requirements or standards that may be stipulated by the city to assure that signs covered by the plan will not be detrimental to persons or property in the vicinity, or to the public welfare.
         (d)   Review criteria. All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include:
            1.   The purpose of the sign;
            2.   Its location in relation to traffic movement and access points;
            3.   Its location in relation to site features and structures; and
            4.   Sign orientation relative to viewing distances and viewing angles.
         (e)   Quantity.
            1.   The quantity of signs shall be no greater than that required to provide project identification and entry signs, internal circulation and directional information to destinations and development sub-areas, and business identification. Factors to be considered shall include the size of the development, the number of development sub-areas and the division or integration of sign functions.
            2.   The number of signs approved under a comprehensive sign plan shall in no case exceed 125% of that allowed under the traditional review process within the underlying zoning district classification.
         (f)   Size.
            1.   Signs shall be no larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display location and height), lettering style and the presence of distractive influences.
            2.   No sign approved shall exceed the maximum height standard for signs contained in the underlying zoning district by more than 50%.
            3.   No sign or combination of signs approved under a comprehensive sign plan shall exceed 125% of the maximum area standard allowed on the site through the traditional review process.
         (g)   Review process. Comprehensive sign plans shall be reviewed administratively; however, either the Zoning Administrator or the permit applicant may refer review to the Planning and Zoning Commission and/or City Council for approval.
         (h)   Comprehensive sign plan amendments. Minor amendments to comprehensive sign plans shall be reviewed administratively by the Zoning Administrator provided the proposed changes:
            1.    Meet all standards prescribed in original approved comprehensive sign plan.
            2.   The proposed signage change meets all other standards or requirements set forth in this section.
            3.   The proposed signage change will not increase the number of signs, the height of signs, or the sign area authorized under the initial plan.
            4.   Replacement and/or repainting of a sign face, lettering, or other sign materials does not require a permit or administrative review provided the location, configuration and area of the sign remain the same.
   (K)   District regulations. In addition to those signs permitted in all districts, signs as herein designed shall be permitted in each specific district, and shall conform as to size, location, and character according to the requirements herein set forth.
      (1)   Residential Districts-(A, R-1, R-2, and PD). The following signs are permitted within the residential districts.
         (a)   Address signs: one sign not to exceed two square feet in area for each dwelling.
         (b)   Monument signs: one monument sign per street frontage shall be permitted for each lot and development entrance located on a collector or arterial roadway. Such sign shall not exceed 48 square feet in area and shall not exceed 12 feet in width or six feet in height. No sign shall be placed closer than five feet to any public right-of-way.
         (c)   Wall signs: one wall sign shall be permitted on each building face, not to exceed two wall signs per building for multiple family dwellings within the R-2 District. The sign area of each wall sign shall not exceed 5% of the building face to which it is affixed.
      (2)   B-1, Central Business District. The following signs are permitted within the Central Business District.
         (a)   Address signs: one sign not to exceed four square feet in area for each building.
         (b)   Monument signs: one monument sign is allowed per lot. The sign shall not exceed 32 square feet and shall not exceed ten feet in width or six feet in height.
         (c)   Wall signs: one wall sign shall be permitted per building face. For multi-tenant buildings, one wall sign per tenant is allowed provided the building face coverage limitation set forth below is met.
            1.   A maximum of 20% of the building face may be used for a wall sign.
            2.   Wall signs may be permitted to extend within the right-of-way up to a distance of 15 inches, but no less than eight feet of clearance shall be provided between the sidewalk elevation and lowest point of the sign.
         (d)   Sandwich signs: sandwich signs shall be permitted subject to the following conditions. No permit is required for a sandwich sign.
            1.   Only two sandwich signs per business are allowed.
            2.   Signs shall be displayed during business hours only.
            3.   Maximum allowable sign area shall not exceed nine square feet. Two sides of the sign may contain graphics and/or text. The maximum depth or spread of the sign shall not exceed two feet.
            4.   Quality of said signs shall be of professional craftsmanship only.
            5.   Signs shall be placed only on the business property or on sidewalk directly abutting the business property.
         (e)   Canopy and awning signs: one canopy or awning sign is permitted per lot subject to the following conditions:
            1.   The sign area of any canopy or awning sign shall reduce, square foot for square foot, the sign area of any permitted wall signs on the same building face.
            2.   Signs shall have a minimum clearance of eight feet above a public sidewalk or right-of-way and may not project nearer than 30 inches to the street curb.
         (f)   Projecting signs: projecting signs in the B-1, Central Business District should be architecturally compatible with the style, composition, materials, colors, and details of the building and with other signs on nearby buildings, while providing for adequate identification of the business.
            1.   Symbolic and historic three-dimensional signs such as barber shop poles and appropriately sized projecting signs are encouraged.
            2.   Projecting signs must be no greater than 20 square feet and have a maximum width of five feet and shall not extend above the first floor of the building.
            3.   No less than eight feet of clearance shall be provided between the sidewalk elevation and the lowest point of the projecting sign.
            4.   The sign and frame shall not project out from the building face more than five feet and there shall not be more than a one foot clearance between the sign and the building.
            5.   Building and signage lighting must be indirect, with the light source(s) hidden from direct pedestrian and motorist view.
            6.   Lighting and signage should be separate and distinct. Combined lighting and signage is not encouraged.
            7.   Only one projecting sign is allowed per building face.
      (3)   Commercial and Industrial (B-2, B-3, I-1, and I-2. The following signs are permitted within the B-2, B-3, I-1, and I-2 Districts.
         (a)   Address signs: one sign not to exceed four square feet in area for each building.
         (b)   Monument signs: one monument sign facing each street frontage may be permitted per lot. The sign area of any such monument sign shall not exceed 150 square feet, unless adjacent to a principal arterial. The total area of any such monument sign facing a principal arterial shall not exceed 200 square feet. No monument sign shall be placed closer than five feet to any public right-of-way line.
         (c)   Wall signs: one wall sign shall be permitted per building face. For multi-tenant buildings, one wall sign per tenant is allowed provided that the building face coverage limitation set forth below is met.
            1.   A maximum of 20% of the building face may be used for a wall sign.
            2.   Signs shall not project above the parapet or eaves.
         (d)   Pylon signs: one pylon sign may be permitted per lot. The sign area of any such pylon sign shall not exceed 150 square feet, except when adjacent to a principal arterial. The total area of any such pylon sign facing a principal arterial shall not exceed 200 square feet. No pylon sign shall be placed closer than five feet to any public right-of-way line. The height of any pylon sign shall not exceed 35 feet as measured from the elevation of the centerline of the roadway upon which the sign is oriented.
         (e)   Sandwich signs: sandwich signs shall be permitted subject to the following conditions. No permit is required for a sandwich sign.
            1.   Only one sandwich sign per business is allowed.
            2.   Signs shall be displayed during business hours only.
            3.   Maximum allowable sign area shall not exceed six square feet. Two sides of the sign may contain graphics and/or text. The maximum depth or spread of the sign shall not exceed two feet.
            4.   Quality of said signs shall be of professional craftsmanship only.
            5.   Signs shall be placed only on the business property or on sidewalks directly abutting the business property.
         (f)   Canopy and awning signs: one canopy or awning sign is permitted per lot subject to the following conditions:
            1.   The sign area of any canopy or awning sign shall reduce, square foot for square foot, the sign area of any permitted wall signs on the same building face.
            2.   Such signs shall have a minimum clearance of eight feet above a walkway and may not project nearer than 30 inches to the street curb.
      (4)   Billboards. Billboards shall conform to the following requirements herein set forth.
         (a)   Billboards shall be permitted only in the I-2, Heavy Industrial District.
         (b)   A conditional use permit is required for all billboards.
         (c)   The maximum sign size shall be 300 square feet per side in sign area. Billboards may incorporate cutouts protruding beyond the framed perimeter of the sign face, providing the total sign area does not exceed 350 square feet.
         (d)   The maximum height to the uppermost portion of any advertising device shall be 30 feet. The minimum front yard setback for billboards shall be ten feet from the trunk highway right-of-way. The minimum rear and side yard setbacks shall be as defined in the I-2, Heavy Industrial District for principal structures.
         (e)   The minimum distance between billboards located on the same side of a trunk highway shall be 400 feet.
         (f)   No billboard structure shall be constructed within 500 feet of any park or residential zoning district.
         (g)   No billboard shall be located closer to any intersection than 200 feet.
         (h)   Billboards shall be a single support, metal structure, free of supports or guywires.
The metal shall be treated in such a manner as to prevent deterioration.
         (i)   Billboards may be illuminated provided that there are no flashing, intermittent or moving lights, and that beams or rays of light are not directed toward any portion of public streets.
         (j)   The maximum number of billboards allowed on any single parcel shall be two.
(Ord. 366, passed 8-7-2024; Ord. 367, passed 9-4-2024)