(A) Findings. The City of Glenwood finds that:
(1) Permanent, temporary, uncontrolled, and unlimited signs have a direct impact on and relationship to the image of the community, and may result in roadside clutter and obstruction of views, thereby undermining the economic value and growth of the community;
(2) An opportunity for viable identification of community businesses and institutions must be established, while avoiding incompatibility with residential uses and protecting; and
(3) The safety of motorists, cyclists, pedestrians and other users of public streets and property are affected by the number, size, location, and appearance of signs that unduly divert the attention of drivers, which may constitute a hazard during periods of high winds and an obstacle to effective fire-fighting and other emergency services.
(B) Purpose. The purpose of this section is intended to:
(1) Preserve, protect and promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, while preserving property values on nearly public and private property;
(2) Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name, products, and services, while attracting sources of economic development and growth;
(3) Ensure that signs are in proportion to the scale of, and are architecturally compatible with the principal structures, while avoiding visual clutter and hazards at public right-of-ways and sidewalks; and
(4) Enable fair and consistent enforcement of sign regulations, while meeting the goals of the city.
(C) Definitions. As used in this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ALTERATION. Refers to any major alteration to a sign, not including routine maintenance, painting, or change of copy of an existing sign.
CALCULATION. The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, emblem, logo, representation, writing, or other display within a single continuous area.
CHANGEABLE COPY. Display of text, whether electronic or otherwise, in which each alphanumeric character, graphic or symbol is defined by objects and may be changed or rearranged with characters, letters, or illustrations, including projected images or messages with these characteristics onto buildings, signs, or other objects.
COMMERCIAL SPEECH. Speech advertising a business, profession, commodity, service, or entertainment.
ESTABLISHMENT. A distinct business entity situated in a single building, in a structure attached to other similar structures by common wall and ceiling or floors, or attached by means of an enclosed arcade; or within a single structure and not separated by walls or other physical barriers, but made distinct due to its existence as a single leased space and operation by separate entrepreneurs or by its singularity of purpose.
FACADE. That portion of any exterior elevation of a building extending from grade to top of the roof including parapet wall eaves and the entire width of the building elevation.
FRONTAGE. The property line at the front of a building in which the business is located; the location(s) of public entrance(s) to said building; or to the proximity of a parcel of and to one or more streets and/or alleyways.
GRADE. Grade shall be construed to be the final ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of the final grade for sign height computation.
HEIGHT. The vertical distance measured from the grade to the top of a sign.
MULTIPLE TENANT SITE. Any site that has more than one tenant, and each tenant has a separate public entrance.
NON-COMMERCIAL SPEECH. Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.
PARAPET. A low wall which is located on a roof of a building will be known as a parapet for the purpose of this section.
ROOF LINE. The uppermost line of a roof of a building or in the case of extended facade, the uppermost height of said facade.
SIGN. An illustration or text, which directs attention to an object, product, place, activity, person, institution, organization, and/or business to advertise, identify, or communicate information to attract public attention for any purpose.
SIGN: ABANDONED. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more; any sign which pertains to a time, event or purpose which no longer applies; or any sign remaining after demolition of a principal structure shall be deemed to have been abandoned.
SIGN: BUSINESS. A sign that directs attention to a business or profession or to the commodity, service, or entertainment sold or offered upon the premises where such a sign is located or to which it is attached.
SIGN: CONSTRUCTION. A sign which displays information announcing the approved construction and/or development of the site on which it is displayed.
SIGN: DIRECTIONAL. Signs which provide direction or instruction, and are located entirely on the property to which they pertain.
SIGN: DYNAMIC DISPLAY. 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; including but not limited to any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, video, LED lights manipulated through digital input, electronic graphic displays, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays.
SIGN: FREE-STANDING/GROUND. Any stationary or portable, self-supported sign not affixed to any other structure. A sign supported by one or more columns, uprights, or braces in or upon the ground, not attached to or forming part of a building.
SIGN: GOVERNMENTAL. A sign that is erected by a governmental unit for the purpose of identification in directing or guiding traffic.
SIGN: HAZARDOUS/WARNING. Signs that prevent egress from or ingress to any door, window, or fire escape; that tends to accumulate debris as a fire hazard; or that is attached to a standpipe or fire escape or in any other way constitutes a hazard to health, safety, or the general welfare of the public, tenants, or occupants of a building; or which warns the public of danger or hazard in the immediate vicinity and is obviously not intended, for advertising purposes.
SIGN: ILLUMINATED. Any sign that is lighted by an artificial light source either directed upon it or illuminated from an interior source.
SIGN: IDENTIFICATION/INFORMATION. Any sign giving information to employees, visitors or delivery vehicles but not containing any advertising or identification; may include, but is not limited to, a residential subdivision, a multiple residential complex, a shopping center, an industrial area, an office complex, or any combination thereof.
SIGN: INTERIOR. A sign which is located within the interior of any building, or within an enclosed lobby or court of any building, and a sign for and located within the inner or outer body, court or entrance of any theater.
SIGN: MONUMENT. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding eight feet.
SIGN: NON-CONFORMING. Any advertising structure or sign which was lawfully erected and maintained and which fails to conform to all the applicable regulations and restrictions of this section.
SIGN: OBSOLETE. Any sign for which no permit has been issued, including but not limited to abandoned signs.
SIGN: ON-PREMISE. A sign which identifies or advertises an establishment, person, activity, goods, products or services located on the premises where the sign is located.
SIGN: OFF-PREMISE. A sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same premises where such sign is located; including but not limited to billboards.
SIGN: PROJECTING. A sign other than a wall sign which is affixed to the building and which extends perpendicularly from the building wall, including awnings and canopies. Projecting signs that contain advertising for a business, organization, product, and/or service shall be included as signage in calculations and requirements for maximum signage usage.
SIGN: SNIPE. A small sign of any material, including but not limited to paper, plastic, cardboard, wood or metal, attached to any object and having no application to the premises where located.
SIGN: TEMPORARY. Any sign or sign structure which is portable and not permanently affixed or installed, and is intended to be displayed for a limited period only; including but not limited to snipe signs, banners, flags, streamers, or mobile marquee signs, whether illuminated or not.
SIGN: VEHICLE. A permanent or temporary sign affixed, painted on, or placed in or upon any parked vehicle, parked trailer, or other parked device capable of being towed, which is displayed in public view such that the primary purpose of said display is to attract the attention of the public, rather than to serve the business of the owner thereof in the manner which is customary for said vehicle.
SIGN: WALL. A sign which is affixed to the exterior wall of a building and which is parallel to the building wall.
SIGN: WINDOW. Any building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes and/or glass and is visible from the exterior of the window.
STRUCTURE. The supports, uprights, bracing and framework for a sign including the sign area.
(D) Regulations and restrictions. The following standards shall apply to all signs in the City of Glenwood, unless specifically set forth otherwise. Determination as to the applicability of the standards to any given sign shall rest with the City of Glenwood, subject to the procedures set forth by the Glenwood City Commission:
(1) All signs hereafter created or maintained, except for official traffic and public street signs, shall conform with the provisions of this section; with other applicable ordinances and regulations by the city; and, relative to all federal, state, and county highways, with the Minnesota Outdoor Advertising Control Act, M.S. § 173.01, as amended;
(2) The construction of all signs permitted by this section shall be in accordance with the Minnesota State Building Code, and with the current edition of the Uniform Sign Code published by the International Conference of Building Officials, which is hereby adopted by reference as part of this section, a copy of which shall be maintained by the City of Glenwood; and
(3) All signs deemed abandoned shall be removed and disposed of within the time frame specified by the City of Glenwood.
(E) Exemptions. Exemptions shall not be construed as relieving the sign owner from the responsibility of its erection, maintenance, and compliance with the provisions of this section or any other law or ordinance regulating the same. Furthermore, all signage must comply with all other provisions of this section, including but not limited to permits, applications, maintenance, and the like. The following signs are allowed without a permit, but shall comply with all other applicable provisions of this division:
(1) Copy/face change. The changing of copy on an existing non-dynamic sign does not require a permit for the changing of the face or display surface on a painted or printed sign that does not involve any other structural alterations provided it meets all other requirements of this section;
(2) Directional/informational signs. On-premises directional signs, displayed strictly for the direction, safety, or convenience of the public, including signs which identify restrooms, parking area entrances or exits, freight entrances, addresses, waste receptacles, public interest signs, signs prohibiting or otherwise controlling hunting or fishing upon a particular premise, signs indicating ownership, signs indicating the private nature of a road, driveway, or premises, or similar information. A directional and/or informational sign may contain an on premise logo provided that the logo may not comprise more than 25% of the total sign area;
(3) Permanent window signs. Except in residential zones, not more than 50% of the window surface may have signage painted on or otherwise displayed from the inside surface of any window, showcase or other similar facility and shall be in addition to those signs permitted under the other provisions of this section;
(4) Real estate signs. Temporary on-site and off-site real estate signs pertaining to the sale or rental of real property, provided these signs shall be limited to one sign per property frontage, which shall be removed within 14 calendar days from the time of the sale, lease, or rent providing there are no other lease or rental units available;
(5) Garage/moving sale signs. Temporary garage/moving sale signs of the sort may be placed without a permit, provided these signs shall be limited to one sign per property frontage, not within the public right-of-way, for up to seven calendar days (before and after) the time of the sale, provided they do not exceed four feet by four feet in size;
(6) Political/campaign signs. Political and campaign signs of the sort may be placed without a permit, in accordance with M.S. § 211B.045, the Minnesota Secretary of State, and/or regulated campaign boards;
(7) Community promotion signs. Signs that are provided at no cost to the community organization by a business or property owner which promotes or solicits support for a nonprofit organization; city-sponsored, civic or community event; fairs and the like that provide a community or public benefit; including, but shall not be limited to seasonal holidays, community programs, activities, festivals and/or celebrations; relevant news and information; and/or the location of places or events of community or tourist interest;
(8) Off-premises sponsorship signs/banners (other locations). Off-premise sponsorship signs and/or banners are allowed on buildings and/or property owned and maintained by the Pope County Ag. Society for county fair sponsors only. Temporary banners authorized by this section may be used from Memorial Day through Labor Day, or as otherwise authorized by the City of Glenwood without a permit from the City of Glenwood; and
(9) Off-premises advertising of products and/or services. Off-premise advertising of products and/or services shall be allowed only for businesses that have common ownership of at least 50% or businesses with multiple locations, provided that the business uses no more than 25% of the advertising space for advertising of off-site products and/or services. In the event that a business promotes off-premise advertising as allowed by this section but does not utilize the remaining 75% of the approved signage area, the unused portion must be made to be aesthetically appealing to the building and/or existing signage, not including dynamic signs.
(F) Prohibited signs. This section specifically prohibits the following signs without a permit and/or variance:
(1) Any sign which purports to be or resembles an official public safety and/or traffic control device, sign, or signal; railroad sign or signal; which hides from view or interferes in any material degree with the effectiveness of any such device, and/or which obstructs or interferes with the driver's view of approaching, merging, or intersecting traffic for a distance not to exceed that which is allowed by local, state, or federal requirements;
(2) Any sign which contains statements, words, or pictures of an obscene, indecent, or immoral character, or such as would offend public morals or decency;
(3) Any sign on any public utility poles including but not limited to snipe signs, banners, flags, or plants without the expressed consent of the public entity with whom jurisdiction lies except as otherwise provided by law;
(4) Any sign on private land without the consent of the owner thereof;
(5) Off-premise advertising of products and/or services, with the exception of those allowed in division (E)(9);
(6) Signs with dynamic displays except those allowed under division (M), not including time, temperature or other similar informational signs;
(7) Signs which are structurally unsafe, in disrepair, obsolete or abandoned;
(8) Signs within the public right-of-ways or easements, excepting the following:
(a) As erected by an official unit of government or public utilities for the direction of traffic or necessary public information;
(b) Community promotion signs as authorized by the city or entity with jurisdiction over the public right-of-way and/or easement;
(c) To ensure that the safety of the public is not compromised, the size, location and method or installation of such signs shall be subject to approval by the city or other relevant public entity pursuant to good engineering and traffic safety practices; and
(d) Projecting signs that may extend at least ten feet above the sidewalk and three feet away from the curb line;
(9) Roof signs, unless placed on parapet or incorporated into the building and/or permanent structure to provide overall finished appearance; and
(10) Any signs not listed as permitted shall be prohibited without a permit and/or variance;
(G) Traffic hazards. No sign permitted by this section shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic.
(H) Sign maintenance. Notwithstanding the provisions of Chapter 131, any sign or sign structure which is rotted or unsafe, deteriorated, defaced or otherwise altered, shall be repainted, or repaired or replaced in a timely fashion.
(I) Sign location. No sign or sign structure shall be erected or maintained so as to prevent fire ingress or egress from any door, window, or fire escape; attached to a standpipe, streetlight or fire escape; obstruct traffic flow or sight views; nor constitute a traffic hazard.
(J) Area identification signs. A permanent subdivision or development sign, not located within the public right-of-way, shall be allowed for any planned development, subdivision, multi-family or condominium development, for any commercial and/or industrial subdivision, or any combination thereof. Where the subdivision or development has access with multiple frontages, identification signs shall be allowed at each entrance.
(K) Temporary, portable signs. Temporary, portable signs, illuminated and/or non-illuminated, are allowed provided:
(1) A sign permit is issued for temporary, portable signs, with the exception of "sandwich-type boards" which shall be no larger than two feet wide by six feet tall, which shall not require a permit;
(2) The sign does not obstruct sight views or constitute a traffic or pedestrian hazard and shall not be located in the public right-of-way, with the exception of approved "sandwich-type boards" which shall be allowed on the public sidewalks so long as they are not placed more than one foot from the building;
(3) "Sandwich-type boards" may only be used during regular, daylight business hours for the establishment and must be removed from any public sidewalk at the close of business and/or sunset, whichever is sooner;
(4) The sign is not considered a dynamic sign;
(5) The sign does not constitute a traffic hazard;
(6) Except for "sandwich-type boards" temporary, portable signs must be separated by not less than 20 feet and must be setback from adjoining property lines by not less than ten feet or as otherwise specified;
(7) Temporary, portable signs shall not be used as permanent signage and must adhere to the time restrictions and other requirements outlined on the sign permit application; and/or
(8) Off-premise sponsorship signs and/or banners are allowed within the city boundaries in sports fields, which shall be mounted on a fence, backstop, and/or scoreboard of ball fields and shall face the playing field. Temporary banners may be allowed with an approved permit from the City of Glenwood.
(L) Off-premise billboard signs. The construction of an off-premise billboard sign shall be authorized by permit and/or variance only and shall comply with the following requirements:
(1) All newly constructed off-premise billboard signs may be erected or maintained only in the "Light" or "Heavy Industrial" zoning districts;
(2) Any off-premise billboard sign in existence in any other zoning district as of April 14, 2015 may be allowed to continue as an existing, non-conforming use as defined in division (N);
(3) Any off-premise billboard sign must be landscaped around the base of the sign;
(4) No off-premise sign or portion thereof may turn on an axis, rotate, revolve or otherwise physically move; and/or
(5) Light projecting onto the off-premise sign face from an external source must be hooded and directed away from any adjacent public roadway;
(M) Dynamic displays. Except as prohibited by state or federal law, dynamic displays on signs are allowed subject to the following conditions:
(1) Dynamic displays are allowed only on freestanding signs for conditionally permitted uses in residential districts with a variance and in on walls and freestanding signs in commercial districts with a permit issued by the City of Glenwood;
(2) Dynamic displays must 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 of a malfunction and/or non-compliance with the standards of this section;
(3) All dynamic displays shall be shielded to prevent any light to be directed at oncoming traffic in such brilliance as to impair the vision of any driver;
(4) No dynamic display shall be illuminated in such a manner as to interfere with or obscure any official traffic signs or signal and/or be brighter than is necessary for clear and adequate visibility;
(5) Only one dynamic display sign is allowed per parcel of land and/or building;
(6) With the exception of those signs that are described in division (F)(5) and (6), no dynamic sign will display messages or images of products and/or services off-site;
(7) No dynamic 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; and
(8) Signs existing on April 14, 2015 that utilize this technique may continue as a non-conforming use as defined in division (N) until such time that the sign is replaced or, if feasible, be reprogrammed to conform to this section in order to comply with the operational and standards listed.
(N) Non-conforming permanent signs. Legal non-conforming signs shall be permitted to continue as legal non-conforming signs provided such signs are safe, maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions:
(1) Non-conforming signs shall not be enlarged upon, expanded, or altered in any way which increases its non-conformity; nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district;
(2) If the use of the non-conforming sign or sign structure is discontinued for a period of one year, the sign or sign structure shall be considered abandoned ad shall not be reconstructed or used except in conformity with the provisions of this section;
(3) Should such non-conforming sign or sign structure be damaged or structure be destroyed by any means to an extent greater than 50% of its market value and all required permits and/or variances for its reconstruction have not been applied for within 30 days of when the sign or sign structure was damaged, it shall not be reconstructed or used except in conformity with the provisions of this section;
(4) Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved; and
(5) When a building loses its non-conforming status, all signs devoted to the structure shall be removed and all signs painted directly on the structure shall be repainted or recovered in a neutral color or a color or material which will harmonize with the structure;
(O) (1) Signage plan application. Any signs requiring a permit and/or variance shall require the owner/agent to submit a signage plan application, along with the applicable fees, which shall contain the following information, including but not limited to:
(a) Names and addresses of the owners of the display structure and property;
(b) The names of the licensed sign hanger erecting the sign, if applicable;
(c) Type of sign (i.e. wall sign, free standing/ground sign, and the like);
(d) A scaled site plan showing location of buildings, parking lots, driveways, streets, alleyways, and landscaped areas;
(e) An accurate indication on the site plan of the proposed location of present and future signs of any type, whether requiring a permit or not;
(f) The proposed content and use of the signage;
(g) Scaled color drawings clearly showing the location of signage on building elevation;
(h) Computation of the maximum total sign area permitted by the City of Glenwood;
(i) The maximum area and number of all individual signs, including the height of signs;
(j) Specifications for color scheme, lettering or graphic style, lighting, location of each sign on the building, materials and sign proportions;
(k) The signatures by the owner(s) and/or agent(s) submitting the signage plan application; and
(l) If the proposed sign is along a state trunk or county highway, the application shall be accompanied by proof that the applicant has obtained the necessary authorization(s) from the appropriate jurisdiction(s) for the sign, when required and/or directed by the City of Glenwood.
(2) After approval of a signage plan application, no sign shall be erected, placed, painted or maintained, except in conformance with approved signage plan and permit/variance requirements.
(P) Fees. The fee(s) for signage plan applications, permits, and variances shall be established by the Glenwood City Commission per the annual fee schedule.
(Q) Insurance. As a condition for a permit, the sign owner/agent shall be required to maintain liability insurance, covering any injuries or damages caused by or attributable to said advertising device or sign. The City of Glenwood assumes no liability for property or signage that is not owned and/or operated by the City of Glenwood, and at its discretion, may request from an owner/agent proof of said insurance.
(R) Enforcement.
(1) The City of Glenwood is empowered to enforce the provisions of this section as necessary to carry out its purpose(s) and shall require the removal of:
(a) Any sign that endangers the public safety such as an abandoned, dangerous, electrically or structurally defective sign;
(b) A sign for which no permit has been issued; and/or
(c) A sign that is not authorized and permitted by this section;
(2) A notice of violation or citation shall be provided by the City of Glenwood to the sign holder, including but not limited to the following information:
(a) The violation and a copy of said section outlining the requirements;
(b) The corrective measures required;
(c) The number of days to correct the violation; and
(d) The consequences if not corrected.
(3) If the violation is not corrected within the number of days specified in the notice or citation, the city shall have the authority to remove the sign and to have the cost of such removal reimbursed to the city, including but not limited to legal fees for enforcement.
(4) No notice is required to be provided to the holder of a temporary sign not meeting the requirements of this section and the Public Works Coordinator, Chief of Police or City of Glenwood are hereby expressly authorized to immediately remove and/or impound such a temporary sign, the costs of which shall be charged against the owner of the site on which the sign was displayed, including but not limited to legal fees for enforcement.
(S) Revocation of permits. The City Administrator is authorized and empowered to revoke any permit upon the failure of the permit holder to comply with any provision of this section.
(T) Penalty. Any person violating a provision of this section is guilty of a misdemeanor. Each day that violation is committed or permitted to continue will constitute a separate offense and may be punishable as such.
(Ord. 2, passed 4-14-2015)