A. Purpose: The purpose and intent of this sign ordinance regulating signs of all types is to:
1. Preserve and protect the public health, safety and welfare within the city of Hawley.
2. Encourage development of private property in harmony with the desired character of the city while providing due regard for the public and private interests involved.
3. Promote the effectiveness of signs by preventing their over concentration, improper placement, deterioration, and excessive size and number.
4. Enhance the flow of traffic and the convenience, ease and enjoyment of travel within the city of Hawley.
5. Protect travelers in the city of Hawley from injury or damage as a result of distraction or obstruction of vision attributable to signs.
6. Reduce advertising distractions which may contribute to traffic accidents.
7. Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets and other public structures and spaces shall be protected by exercising reasonable control over the character and design of sign structures.
8. Provide an improved visual environment for the citizens of and visitors to the city of Hawley.
9. Require that signs are properly maintained for safety and visual appearance.
B. Maintenance Provision: All exterior signs are required to be maintained in sound structural condition and nonweathered appearance. This is essential to protect the public's safety and to retain good property values for all property owners in the city limits.
C. Exempt Signs: The following signs are exempt from the application of the regulations herein, provided that any exempt sign, if illuminated, be internally illuminated or lit so that the light source is directed away from adjoining residences, streets, or sidewalks:
1. Signs not exceeding two (2) square feet in area and bearing only property numbers, post box numbers and names of occupants of premises.
2. A sign not exceeding two (2) square feet in area which is nonilluminated 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 subsection D of this section.
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 sixteen (16) square feet in area and five feet (5') in height.
7. A sign not to exceed thirty two (32) square feet in area is permitted for each entrance to a subdivision or tract identifying the subdivision or tract name.
8. Temporary signs measuring not more than thirty two (32) square feet in area connected with political elections.
D. On Premises Signs: On premises signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. On premises signs include only signs 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 are permitted provided:
1. A sign permit must be obtained prior to installation of any signs, with the exception of signs mounted flat against a building or listed uses under exempt signs.
2. The on premises 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).
3. On premises signs not exceeding thirty two (32) square feet for nursing homes, assisted living centers, publicly owned governmental and cultural buildings, government and publicly regulated utility buildings and structures, religious institutions, and medical clinics are permitted.
4. On premises signs not exceeding sixteen (16) square feet and not lighted for approved home occupations are permitted.
5. The foundation base and posts of all signs may not be located upon city property or rights of way unless approved by the city council.
6. No part of any sign or projection may protrude over the public right of way within six feet (6') 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 (6') provided no part is within six feet (6') of the curb line and that it is over eight feet (8') 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 moved back at the owner's expense to maintain the six foot (6') distance of the curb regulation.
7. No part of any sign or projection may be located within twenty five feet (25') of the intersecting curb line of an intersection if it shall impede vision between a height of thirty inches (30") and eight feet (8') (measured at a 45 degree angle).
8. All sources of artificial light other than streetlights shall be fixed directed or designed so as neither to measurably increase the amount of light to any abutting lot nor to confuse, distract, or be a hazard to vehicular traffic.
9. All sign installations shall also conform to Minnesota department of transportation and federal aviation authorities wherever applicable. Please note: the city has additional restrictive criteria to determine billboard placement. See subsection E, "Off Premises Signs", of this section.
10. It is the obligation of the installer to call Gopher State One Call according to state law and to properly work around all underground utilities or services.
11. All signs must adhere to the maintenance/enforcement provisions of this title.
E. Off Premises Signs: Off premises signs are only permitted when in compliance with the following provisions:
1. A sign permit must be obtained prior to installation of any off premises 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 city council.
3. The off premises sign is located in a commercial zoning district (C-1, C-2, C-3) or an industrial zoning district (I-1 or I-2).
4. No part of any sign or projection may be located within twenty five feet (25') of the intersecting curb line of an intersection if it shall impede vision between a height of thirty inches (30") and eight feet (8') (measured at a 45 degree angle).
5. All sources of artificial light other than streetlights shall be fixed, directed or designed so as not to measurable increase the amount of light to any abutting lot, street or sidewalk, nor to confuse, distract, or be a hazard to vehicular traffic.
6. Off premises signs must be set back from residential zoning district boundaries a distance of one hundred feet (100'). Setback dimensions will be a straight line measurement from the residential district boundary to the centerline of the sign standard.
7. The off premises sign surface, at one sign site, measures no more than seven hundred fifty (750) square feet in area, inclusive of the border and trim, but exclusive of the base or apron, supports, or other structural members.
8. The height of any off premises sign, including support structure measured from the highest centerline grade of any adjacent street, may not exceed thirty five feet (35') when located closer than one hundred feet (100') from a property line and not more than fifty feet (50') when located more than one hundred feet (100') from a property line. Height measurement will be taken from the highest centerline grade of any adjacent street.
9. All sign installations shall also conform to Minnesota department of transportation and federal aviation authorities wherever applicable. Please note: The city has additional restrictive criteria to determine billboard placement.
10. All off premises signage of three hundred (300) square feet or more will be restricted to the south side of T.H. 10 within city limits. In addition, signs must be a minimum distance of one thousand five hundred feet (1,500') apart.
11. All off premises signs of less than three hundred (300) square feet must be a minimum distance of six hundred feet (600') apart.
12. It is the obligation of the installer to call Gopher State One Call according to state law and to properly work around all underground utilities or services.
13. All signs must adhere to the maintenance/enforcement provisions of this section.
Note: City leased signage on quad diamond outfield fences (less than 200 square feet) is limited to three (3) sign groupings one hundred feet (100') apart.
F. Portable Signs: Portable signs are permitted provided:
1. Annual Permit: An annual sign permit is required for any portable sign to verify location, safety, and visibility.
2. Location: The off premises sign is located in a commercial zoning district (C-1, C-2, C-3) or an industrial zone district (I-1, I-2).
3. Placement On City Property; Approval: The foundation base and posts of all signs may not be located upon city property or rights of way unless approved in writing by the city council.
4. Projection Angle: No part of any sign or projection may be located within twenty five feet (25') of the intersecting curb line of an intersection if it shall impede vision between a height of thirty inches (30") and eight feet (8') (measured at a 45 degree angle).
5. Lights: No portable sign may have blinking, flashing or fluttering lights or other illuminating devices which have a changing intensity, brightness, or color.
6. Location Apart: No two (2) off premises portable signs may be located closer than three hundred feet (300') apart.
7. Number Limit: That only one on premises portable sign may be placed upon a parcel at any given time, except in the case of strip malls, office condos, and multiple business structures, where two (2) portable signs will be allowed on the parcel at any given time.
8. Other Provisions: All signs must adhere to the maintenance/enforcement provisions of this title.
9. Commercial/Highway Frontage Area: Advertising devices in a commercial/highway frontage area whether located on or off the premises, shall comply with MnDOT requirements in addition to city requirements.
G. Enforcement:
1. The sign owner will have sixty (60) days after an official written notification from the city of Hawley to repair a deficient sign. The sign will be removed from the premises if it is an immediate danger to the public. Any costs the city incurs to enforce maintenance of a sign will be charged back to the proper sign owner.
2. Every person violating any of the provisions of this chapter shall be penalized in accordance with the schedule of fines established by the city council.
3. Nothing contained in this penalty provision shall prevent the city from obtaining a proper injunction or restraining order directed against any person violating any of the provisions of this chapter from the district court for Clay County, Minnesota, in addition to such other penalties as allowed by this chapter.
4. Nothing in this section shall preclude city employees from seeking voluntary compliance with the provisions of this chapter, or from enforcing this chapter through notices of violation, warnings or through other informal devices designed to achieve compliance in the most efficient and effective manner under the circumstances. (Ord. 230, 5-6-2002)