(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BILLBOARD SIGNS. See OFF-PREMISES SIGN.
DYNAMIC DISPLAYS. 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. Time and temperature and gas price signs are not considered DYNAMIC DISPLAYS.
GROUND SIGN. A sign which is supported by one or more uprights, poles, or braces in or upon the ground and not attached to any building.
OFF-PREMISES SIGN (BILLBOARD). A sign which directs attention to a business, profession, activity, commodity, service, or entertainment offered or existing elsewhere than upon the same lot where such sign is displayed.
ON-PREMISES SIGN. A sign which directs attention to a business, profession, activity, commodity, service, or entertainment, offered or existing on the same lot where such sign is displayed; provided, an on-site sign may also display a non-commercial message.
WALL SIGN. A sign which is attached to the wall of a building, with the face in a plane parallel to such wall and not extending more than 12 inches from the face of such wall.
(B) Restrictions.
(1) Billboard signs may be located only within a C-1, C-1R, M-1 or M-2 zoning district. Billboard signs may not be located within 1,500 feet of each other on the same side of a street or highway or within 300 feet of each other on opposite sides of the street or highway. Billboards existing at the time of adoption of this revision are grandfathered in at their present locations.
(2) The advertising surface shall not exceed 672 square feet per side.
(3) Billboards shall not contain more than two sign surfaces facing in opposite directions with an interior angle not exceeding 45 degrees.
(4) Billboards may not exceed a height of 35 feet as measured from the established grade to the top of the sign.
(5) Billboards must be set back not less than 25 feet from the front property line and not less than 15 feet from any side property line.
(6) Billboards must not be less than 300 feet from any D-1, D-2 or D-3 Dwelling District. Billboards existing at the time of adoption of this revision are grandfathered in at their present locations. The exception to this grandfather clause would be the existing billboard, which faces 44th Avenue, on the north side of Highway 61 near the corner of Service Drive and 44th Avenue.
(7) The bottom of a billboard sign may not be nearer than ten feet from the established grade at intersections or any property driveway exit.
(C) Dynamic display overlay. Entities desiring dynamic displays on signs must first follow applicable sign regulations of division (B) of this section and then the following language (where applicable) to obtain a dynamic display permit in accordance with § 151.02 of this chapter.
(1) Dynamic displays are permitted for all uses in commercial and manufacturing districts as stated in division (B)(1) of this section. They are prohibited in all other zoning districts of the city.
(2) On-premises dynamic displays may occupy no more than 50% of the actual copy and graphic area of a sign. Off-premises dynamic displays may occupy 100% of the actual copy and graphic area. For all signs - only one, contiguous dynamic display area is allowed on a sign face.
(3) Dynamic displays, for both on-premises and off-premises signs, may not change or move more often than once every 7.5 seconds. Sign owners must provide at least five hours per month during these time intervals for public service announcements at no cost to the city (i.e.; Amber Alerts, Goodview Days, Safe & Sober, Sandlot Baseball, Lighted Parade, and the like).
(4) Dynamic display images and messages displayed must be static, and the transition from one static display to another must be instantaneous.
(5) Images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign.
(6) Only one dynamic display is allowed per entity/business. A ground sign with two faces counts as one dynamic display, a wall sign also counts as one dynamic display. A sign with more than two dynamic display faces is prohibited.
(7) 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 section.
(8) (a) In addition to complying with the brightness standards described in division (C)(8)(b) of this section, dynamic displays must face toward the nearest rights-of-way and away from residential and scenic areas, which include LaCanne Park and Lake Goodview.
(b) No sign shall be illuminated by other than electrical means and electrical devices and wiring shall be installed in accordance with the requirements of the State of Minnesota Electrical Code. No sign shall be illuminated to a degree of brightness that is greater then necessary for clear and adequate visibility. The light from any illuminated sign or from any light source, including interior of a building, shall be so shaded, shielded, or directed that the light intensity or brightness shall not adversely affect surrounding or facing residential districts or adversely affect safe vision of operators of vehicles moving on public or private roads, highways, or parking areas; and be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.
(9) In accordance with the brightness standards described in division (C)(8)(b) of this section, all dynamic displays must be equipped with a dimmer control or other device which allows the luminance of the display to be adjusted. Dynamic displays also must be equipped with a photo cell or other means by which the sign can automatically adjust luminance to varying ambient light conditions. Both the dimmer and ambient light device must be in full operational capacity. Non-operation of these devices is deemed a malfunction and dealt with according to division (C)(7) of this section.
(10) Dynamic displays existing on (insert the effective date of this revised section) are exempt from the provisions of this section. Existing displays may not be enlarged, expanded, moved, or otherwise improved except for the purpose of normal maintenance (i.e. repainting, relamping, or replacing faces); and may not exceed a level two operating mode as described in division (C)(11) of this section. If an existing dynamic display is destroyed by any means by more than 50% of its value and/or is replaced it must comply with this section.
(11) Operating modes for dynamic displays:
(a) Level 1. Segmented static display only (message change with no transition).
(b) Level 2. Static display with “fade” or “dissolve” transitions and frame effects that do not have the appearance of moving text or images.
(Ord. 83, passed - -2004; Ord. 2011-04 (83.1), passed 11-21-2011) Penalty, see § 10.99