A. Findings, Purpose, Effect And Definitions:
1. Findings: The city council hereby finds as follows:
a. Exterior signs have a substantial impact on the character and quality of the environment.
b. Signs provide an important medium through which individuals may convey a variety of messages.
c. Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare.
d. The city's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulations of the physical characteristics of signs within the city have had a positive impact on traffic safety and the appearance of the community.
2. Purpose And Intent: It is not the purpose or intent of this section to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to:
a. 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.
b. Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community.
c. Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics.
d. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city.
3. Effect: A sign may be erected, mounted, displayed or maintained in the city if it is in conformance with the provisions of these regulations. The effect of this section, as more specifically set forth herein, is to:
a. Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this section.
b. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this section or when required by federal, state or local law.
c. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare.
d. Provide for the enforcement of the provisions of this section.
4. Severability: If any 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 this section in each subsection, sentence, or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, or phrases be declared invalid.
5. Definitions: The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
A-FRAME SIGN: A movable freestanding sign hinged at the top, or attached in a way that forms a shape similar to the letter "A" when viewed from the side. Also known as a sandwich board. This would also include a springboard sign.
ABANDONED SIGN: Any sign and/or its supporting sign structure which has been removed or whose display surface remains blank for a period of one year or more. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to this definition.
AWNING: A rooflike cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment and which projects from a wall or roof of a structure primarily over a window, walk or the like. Any part of an awning, which also projects over a door, shall be counted as an awning.
AWNING SIGN: A building sign or graphic printed on or in some fashion attached directly to the awning material.
BALLOON SIGN: A sign consisting of a bag made of lightweight material supported by helium, hot or pressurized air which is greater than twenty four inches (24") in diameter.
BANNER: A sign constructed of cloth, paper, plastic or other material upon which copy is written and supported either between poles or fastened to buildings or other structures and that is supported or anchored on two (2) or more edges or at three (3) or more corners. Banners also include such signs which are anchored along one edge, or two (2) corners, with weights installed that substantially reduce the reaction of the sign to wind.
BENCH SIGN: A sign located on any part of the surface of a bench or a similar type of outdoor furniture or seating, placed usually on or adjacent to a public right of way.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING SIGN: Any sign attached to or supported by any structure used or intended for supporting or sheltering any use or occupancy.
BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.
BUSINESS DISTRICT: Any district zoned primarily for business use as identified on the city of Little Falls official zoning map.
CANOPY: A rooflike cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway.
CANOPY SIGN: Any sign that is a part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs.
COMMERCIAL SPEECH: Speech advertising a business, profession, commodity, service or entertainment.
CONSTRUCTION SIGN: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and/or the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
DIRECTIONAL SIGN: A sign which exclusively contains language that is intended to facilitate the safe movement of pedestrians and vehicles into, out of and around the site on which the sign is located.
DISPLAY SURFACE: The area made available by the sign structure for the purpose of displaying the advertising or other commercial or noncommercial message.
ELECTRICAL SIGN: A sign that is powered by electricity.
ELECTRONIC MESSAGE DISPLAY (EMD): A sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means.
ELEVATION: The view of the side, front or rear of a given structure(s).
ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing, engraving or any other way of bringing into being or establishing.
EXTERIOR SIGN: A sign on the outside of a building, structure or outdoor display area.
FLAG: Any fabric or similar lightweight material attached at one edge or no more than two (2) corners of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices or text. If any dimension of a flag is more than three (3) times as long as any other dimension, it shall be regulated as a banner for the purposes of this section.
FLASHING SIGN: A directly or indirectly illuminated sign, which exhibits changing light or color effect by any means, so as to provide intermittent illumination, which includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting, which resembles zooming, twinkling, or sparkling.
FREESTANDING SIGN: Any sign, which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure.
FRONT FOOT: The measurement of the frontage of a lot abutting a public street. In cases where a lot abuts two (2) public streets, the longest side of the lot will be used in determining the front footage of a lot.
FRONTAGE: The line of contact of a property with the public right of way.
GRADE: Shall be construed to be the final ground elevation after construction. Earth mounding for landscaping, berming and/or screening is not part of the final grade for sign height computation.
GROUND SIGN: 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 total height not exceeding eight feet (8').
HEIGHT OF SIGN: The height of the sign, for freestanding signs, shall be computed as the vertical distance measured from the base of the sign at normal grade to the top of the highest attached component of the sign. For signs attached to buildings, the height shall be measured from the lowest attached component of the sign to the highest attached component.
ILLUMINATED SIGN: Any sign illuminated by a source of light which is directly cast upon the exterior surface or face of the sign and intended to illuminate the sign by reflection or which is illuminated from within or behind the sign so as to reflect or emanate light through the sign.
INDUSTRIAL DISTRICT: Any district zoned for industrial use.
INTERIOR SIGN: A sign which is located within the interior of any building, or within an enclosed lobby or court of any building.
ISSUING AUTHORITY: The city of Little Falls.
LEGALLY ESTABLISHED NONCONFORMING SIGN: Any sign and its support structure lawfully erected prior to the effective date hereof which fails to conform to the requirements of this section. A sign which was erected in accordance with a variance granted prior to the adoption of this section and which does not comply with this section shall be deemed to be a legal nonconforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign.
MARQUEE: Any permanent rooflike structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN: Any building sign painted, mounted, constructed or attached in any manner, on a marquee.
MONUMENT SIGN: 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 (8'), subject to height limitations of the zoning district in which it is located.
MURAL: An image painted or applied on the exterior of a building wall(s) or other permanent structure and for which no more than five percent (5%) of the total area covered by the mural, or one hundred (100) square feet (whichever is less), consists of text.
NONCOMMERCIAL SPEECH: Dissemination of message not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.
NONCONFORMING SIGN: A sign which is lawfully existing on the effective date hereof, but does not conform to this section.
PARAPET (WALL): That portion of a building wall that rises above the roof level.
PENNANTS: Pieces of cloth, paper, plastic or similar material intended to be individually supported or attached to each other by means of rope, string or other material, and intended to be hung on buildings or other structures or between poles, and does not include any written or graphical, or other form of copy.
PORTABLE SIGN: Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. A sign mounted on a vehicle identifying a business when the vehicle is being used in the normal day to day operation of that business is not subject to the regulations set forth in this section.
PRINCIPAL BUILDING: The building in which the principal primary use of the property, which may contain one or more lots is conducted. Buildings with multiple principal uses shall not constitute multiple principal buildings (i.e., 3 separate uses in a building is equal to 1 building). Storage buildings, garages, and other clearly accessory buildings shall not be considered principal buildings.
PRINCIPAL ENTRANCE: The main doorways, lobby, or access leading or entering into a building or structure.
PROPERTY: Any lot or parcel of land which has been legally created and has been assigned a separate parcel identification number.
PUBLIC ROADWAY RIGHT OF WAY: The right of way for a public roadway.
PYLON SIGN: Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open.
RESIDENTIAL DISTRICT: Any district zoned for residential uses.
RESIDENTIAL PROPERTY: A piece of land or real estate, consisting of one or more lots or parcels, where a residential dwelling and its associated accessory buildings or structures are located.
ROOF: The exterior surface and its supporting structure on the top of a building or structure makeup of which conforms to the roof structures, roof construction and roof covering sections of the state adopted building code.
ROOF SIGN: Any sign erected and constructed wholly on and above the roof or parapet of a building or structure, supported by the roof structure, and extending vertically above the highest portion of the roof.
SETBACK, FRONT: The minimum horizontal distance permitted between the public right of way and a structure on the premises. In instances in which a property fronts on more than one street, front setbacks are required on all street frontages.
SETBACK, REAR: The minimum horizontal distance permitted between the property line opposite the principal street frontage and a structure on the premises.
SETBACK, SIDE: The minimum horizontal distance permitted between the side lot line and a structure on the premises.
SHIMMERING SIGNS: A sign which reflects an oscillating sometimes distorted visual image.
SIGN: Any letter, word or symbol, poster, picture, reading matter or representation in the nature of advertisement, announcement, message or visual communication, other than a "flag" or "mural" as defined in this section whether painted, posted, printed, affixed, engraved or constructed, including all associated brackets, braces, supports, wires, and structures, which is displayed for informational or communicative purposes.
SIGN FACE: The surface of the sign upon, against, or through which the message of the sign is exhibited.
SIGN STRUCTURE: Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign.
SITE: A plot or parcel of land, or combination of contiguous lots or parcels of land, which are intended, designated, and/or approved to function as an integrated unit.
SPRINGBOARD: See definition of A-Frame Sign.
TOTAL SITE SIGNAGE: The maximum combined area of all signs allowed on a specific property.
VISIBLE: Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid.
WALL: Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty degrees (60°) or greater with the horizontal plane.
WALL SIGN: Any building sign attached parallel to, but within two feet (2') of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
B. Administration:
1. Permit Application: No sign whose highest attached part is greater than seven feet (7') above the nearest adjacent ground surface, except as otherwise specified herein, shall be erected, altered, reconstructed, maintained or moved in the city without first securing a permit from the city. On any residentially zoned property, illuminated signs may be allowed for up to forty five (45) consecutive days in any twelve (12) month period only after securing a permit from the city. Lighting associated with such signs shall be rated at no greater than nine hundred (900) lumens (approximately equivalent to a 60 watt incandescent light bulb) and must be diffused or shielded so as to prevent direct viewing from adjacent properties or the public right of way. Such signs may be permitted to be flashing, provided the flashing does not occur more frequently than once per 0.5 second. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Applications for a permit may be for specific signs or may be in the form of an overall signage plan for the property and shall be in writing addressed to the issuing authority on a form provided by the City.
If the proposed sign(s) is along a State trunk highway or interstate highway, the applicant may be required to provide proof that the applicant has obtained a permit from the State of Minnesota for the sign(s); and
The issuing authority shall approve or deny the sign permit in an expedited manner consistent with the time lines required in Minnesota Statutes 15.99, or successor statute.
2. Permit Exemptions: The following signs shall be exempt from the requirements of this section. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this section or any other law or ordinance relating to maintenance, repair and removal.
a. Individual signs not exceeding one-half (0.5) square foot in any zoning district. Such signage shall not be counted against any overall square footage requirement applicable to a property. (Ord. 81, 6th Series, eff. 11-16-2015)
b. Individual signs, in the Multiple-Family Residential R-3, Central Business District B-1 and Noncentral Business District B-2, or Industrial District I-1, or located on public property with the approval of the appropriate public agency or body, which are: (Ord. 100, 6th Series, eff. 9-5-2017)
(1) Located no closer than one hundred feet (100') to the edge or curb of any road within a public roadway right-of-way; and
(2) Not greater than three (3) square feet in size and with any letters or numbers not greater than six inches (6") in height; or
(3) Not greater than six (6) square feet in size and with any letters or numbers not greater than three inches (3") in height.
c. Signs erected within a public road right-of-way that are approved by the governmental agency with authority over the right-of-way.
d. The changing of the display surface on a sign(s), or complete replacement of a sign(s), when such change or replacement would be consistent with a previously issued permit or a sign considered to be a legal nonconformity and would not require compliance with applicable building codes, unless such sign(s) has been deemed abandoned. (Ord. 81, 6th Series, eff. 11-16-2015)
e. Flags, subject to the following (any flags in excess of these amounts shall be regulated as a sign):
Zoning District | Maximum Size, Any 1 Flag | Maximum Size, Cumulative Per Site |
Central Business District B-1, Noncentral Business District B-2, Industrial District I-1 | 300 square feet, 600 square feet with conditional use permit | None |
All other zoning districts | 40 square feet | 50 square feet |
(Ord. 100, 6th Series, eff. 9-5-2017)
f. Interior signs.
g. Signs which are integrally attached to or part of:
(1) Waste roll-offs, dumpsters, garbage cans, portable storage units or other similar equipment owned and maintained by a commercial business for the purpose of waste collection or temporary storage;
(2) Personal property or motor vehicles such as, but not limited to, passenger vehicles, snowmobiles, all-terrain vehicles, trucks, semitractors and trailers, recreational vehicles, fish houses, boats, boat lifts, and trailers;
(3) Construction materials or equipment.
h. Signs which are affixed on City owned property, which have been approved by the City Council or their designee.
i. Murals located on a building used primarily for commercial or industrial purposes which are maintained by the property owner or his/her designee.
j. Signs which are affixed on property owned by a County, State or Federal governmental body or a public school district unless specifically prohibited by this section.
k. Signs required by law.
l. Headstones, gravestones, grave markers or other similar signs attached to, or adjacent to, a burial plot, columbarium, mausoleum or the like.
3. Fees: Sign permit fees shall be established by resolution of the City Council.
4. Repairs: Any sign located in the City which may now be or hereafter become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions of this section, shall be removed or otherwise properly secured in accordance with the terms of this section by the owners thereof or by the owners of the grounds on which said sign shall stand, upon receipt of proper notice so to do, given by the issuing authority. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this section and upon a permit issued by the issuing authority.
5. Removal: Signs which may be or may hereafter become rotted, unsafe or unsightly shall be repaired or removed by the owner or lessee of the property upon which the sign stands upon reasonable notice by the City. The owner, lessee or manager of any sign that contacts the ground and the owner of the land on which the same is located shall keep grass, weeds and other growth cut and shall remove all debris and rubbish from the area beneath the sign. If the owner, lessee or manager of the property fails to act in accordance with this paragraph, the City may seek injunctive relief through a motion for summary enforcement, or obtain an administrative search and seizure warrant for removal of the sign in question. All costs incurred for removal may be charged to the owner of the sign and/or property owner and if unpaid, certified to the Morrison County Auditor as a lien against the property on which the sign was located.
C. Violations:
1. Violations; Separate Offense: (See section 5.99 of this chapter.) Each day that the violation continues shall constitute a separate offense.
D. General Provisions:
1. Size: No individual sign shall exceed three hundred (300) square feet in area. A-frame signs shall not exceed four feet (4') in height and two feet (2') in width. All signs on the property shall be included in the square footage measurement with the exception of A-frame signs and signs otherwise exempted by this section. There shall be no more than one A-frame sign allowed per principal building. Any A-frame or directional signs placed on public roadway right-of-way shall require the owner of the sign to provide insurance to the City in an amount and in such form as required by this Code. (Ord. 81, 6th Series, eff. 11-16-2015)
2. Regulations:
a. General: Except as hereinafter provided, no signs shall be erected or maintained at any angle to a building or structure which sign extends or projects over the street or highway. No sign shall be erected or maintained at any angle to a building or structure which sign extends or projects over the alleyway more than four feet (4') and if such sign extends out more than six inches (6") from a wall or facade shall be a minimum of seventeen feet (17') above the ground. No sign shall be erected or maintained at any angle to a building or structure which sign shall extend or project more than five feet (5') over the sidewalk and if such sign extends out more than six inches (6") from a wall or facade shall be a minimum of seven feet (7') from the ground. (Ord. 12, 7th Series, eff. 11-19-2018)
b. Exceptions: The provisions of this subsection do not prohibit:
(1) The erection and maintenance of signs, either illuminated or nonilluminated, which are on the sides of a marquee which are firmly attached to and a part of a theater or other building, providing such signs are an integral part of the marquee and do not project above or below the marquee; or
(2) The erection and maintenance of signs, not illuminated, which are attached to the marquee and which do not project more than sixteen inches (16") above the marquee; or
(3) Traffic, directional, parking and snow removal signs erected by governmental authority.
3. Below Marquee: No sign, either illuminated or nonilluminated, may project below a marquee.
4. Electrical Signs: Electrical signs must be installed in accordance with the current Electrical Code and all necessary electrical and building permits must be obtained prior to placement.
5. Unauthorized Signs: The following signs are unauthorized signs:
a. Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device, roadway, intersection or any railroad sign or signal.
b. Bench signs, except as provided by section 5.33 of this chapter.
c. Roof signs.
d. Signs painted, attached, engraved, etched or in any other manner affixed to public utility poles, bridges, towers, streetlights, or similar public structures except as otherwise provided herein. (Ord. 81, 6th Series, eff. 11-16-2015)
6. Setbacks: Signs shall conform to building yard regulations for the zoning district in which the signs are located, except as otherwise specified in this section. Setbacks shall be measured to the outermost portion of the sign.
Residential | B-1 | B-2 | Industrial | |
Front yard lot line | 5' | 0' | 10' | 10' |
Side yard lot line | 5' | 0' | 10' | 10' |
Rear yard lot line | 5' | 0' | 10' | 10' |
Rear yard lot line abutting R District | n/a | 10' | 10' | 20' |
(Ord. 12, 7th Series, eff. 11-19-2018)
7. Area: The area within the frame shall be used to calculate the square footage except that the width of a frame exceeding twelve inches (12") shall constitute sign face, and if such letters or graphics be mounted directly on a wall or fascia or in such way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six inches (6") beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof, unless exact dimensions can be provided by the applicant. Symbols, pictures, wording, figures or other forms of graphics painted on or attached to walls, awnings, freestanding structures, or suspended by balloons are considered a sign and are included in calculating the overall square footage. The area of a sign with more than one visible sign face will be calculated as the sum of the area of each sign face divided by two (2).
8. Canopies, Marquees And Fixed Awnings: Canopies, marquees and fixed awnings are an integral part of the structure to which they are attached. They are allowed in the Business and Industrial Districts if they meet the following requirements and the applicable square footage requirements:
a. An awning, canopy or marquee may not project into the public right-of-way nearer than thirty inches (30") to the roadway curb or curb line;
b. Awnings, may have no part of the structure other than supports nearer the ground surface than seven feet (7');
c. The architectural style of the awning, canopy or marquee may be consistent with the building being served;
d. Awnings, canopy or marquees projecting into the required yards may not be enclosed except with a transparent material permitting through vision; and
e. Awnings, canopies or marquees built over the public right-of- way must be included in a liability insurance policy holding the City free of all responsibility.
9. Illumination: External illumination for signs shall be constructed and maintained so that the source of light is not visible from the public right-of-way or residential property.
10. Retroactive Effect: This section shall apply to all sign applications applied for and/or pending prior to its enactment.
11. Noncommercial Speech: Notwithstanding any other provisions of this section, the noncommercial speech exemption provided by Minnesota Statutes section 211B.045 (or successor statute) is hereby incorporated by reference, which shall also include the period of time thirteen (13) weeks prior to any special election until ten (10) days following the special election.
E. Specific Regulations By Zoning District:
1. Residential Districts (2 Dwelling Units Or Less): Within any residential zoning district, where a property contains two (2) dwelling units or less, nonexempt signs are allowed as follows (whether or not a permit is required):
a. Maximum sign area for a single sign: Eight (8) square feet.
b. Cumulative maximum sign area for all nonexempt signs: Sixteen (16) square feet.
c. Maximum height of any sign: Four feet (4').
2. Residential Districts (3 Dwelling Units Or More): Within any residential zoning district, where a property contains three (3) or more dwelling units nonexempt signs are allowed as follows (whether or not a permit is required):
a. Within thirty feet (30') of a traveled public road right-of- way: One sign up to thirty two (32) square feet in size, which may be externally illuminated, with a maximum height of eight feet (8') (properties which front upon more than 1 street may have up to 1 such sign per street frontage); and
b. For all other signs not allowed under subsection E2a of this section:
(1) Maximum height of any sign: Four feet (4').
(2) Maximum sign area for a single sign: Eight (8) square feet.
(3) Cumulative maximum sign area per parcel:
Up to 80 feet frontage | 16 square feet |
81 - 150 feet frontage | 24 square feet |
151 - 300 feet frontage | 32 square feet |
Greater than 300 feet frontage | 48 square feet |
The following types of signs are not permitted in residential zoning districts:
A-frame signs.
Awning signs.
Backlit awning signs.
Balloon signs.
Canopy signs.
Electronic message display signs.
Flashing signs.
Illuminated signs, except where specifically allowed.
Marquee signs.
Murals.
Portable signs.
Shimmering signs. (Ord. 81, 6th Series, eff. 11-16-2015)
3. Permitted Nonresidential Uses In Residential Districts: Within any residential zoning district, where a property contains legal nonresidential uses, nonexempt signs are allowed as follows (whether or not a permit is required):
Nonresidential Uses In Residential Zoning Districts | Maximum Sign Area Of Single Sign Per Surface | Maximum Sign Height | Cumulative Maximum Sign Area Of All Nonexempt Signs |
One and Two Family Residential R-1, R-2, Country Homes R-1C (150' frontage or less) | 32 sq. ft. | 8' | 32 sq. ft. |
Multiple Family Residential R-3 and Manufactured Homes Residential District R-4 (150' frontage or less) | 40 sq. ft. | 8' | 40 sq. ft. |
One and Two Family Residential R-1, R-2, and Country Homes R-1C (150' to 300' frontage) | 32 sq. ft. | 8' | 40 sq. ft. |
Multiple Family Residential R-3 and Manufactured Homes Residential District R-4 (150' to 300' frontage) | 40 sq. ft. | 10' | 40 sq. ft. |
One and Two Family Residential R-1, R-2 and Country Homes R-1C (greater than 300' frontage) | 40 sq. ft. | 8' | 40 sq. ft. |
Multiple Family Residential R-3 and Manufactured Homes Residential District R-4 (greater than 300' frontage) | 48 sq. ft. | 15' | 100 sq. ft. |
4. Business Districts: Within any business zoning district, nonexempt signs are allowed as follows (whether or not a permit is required):
Business Zoning Districts | Maximum Sign Area Of Single Sign Per Surface | Maximum Sign Height | Cumulative Maximum Sign Area Of All Nonexempt Signs |
Central Business District B-1 | 100 sq. ft. | 20' | 50 sq. ft. or 2 sq. ft. per front foot of lot which abuts a public right-of- way, whichever is greater1 |
Noncentral Business District B-2 | 300 sq. ft. when attached flat against a building wall or when located within 100' of the right-of-way of U.S. Highway 10 or State Highway 371. Otherwise, 150 sq. ft. | 30' | 50 sq. ft. or 3 sq. ft. per front foot of lot which abuts a public right-of- way, whichever is greater, but not to exceed 1,200 sq. ft.1 |
Note:
1. For buildings where more than 2 sides abut a public right-of-way or which can be accessed from a parking lot, seating area or secondary entrance available to customers on a side not abutting a public right-of-way, an additional 50 square feet of signage shall be allowed beyond what would otherwise be allowed.
The following types of signs are not permitted in the Historic Preservation District section of Central Business Zoning District B-1:
Electronic message display signs.
5. Industrial District: Within any industrial zoning district, nonexempt signs are allowed as follows (whether or not a permit is required):
Industrial Zoning Districts | Maximum Sign Area Of Single Sign Per Surface | Maximum Sign Height | Cumulative Maximum Sign Area Of All Nonexempt Signs |
Industrial I-1 | 300 sq. ft. when attached flat against a building wall or when located within 100' of the right-of-way of U.S. Highway 10 or State Highway 371. Otherwise, 150 sq. ft. | 30' | 4 sq. ft. per front foot of building plus 1 sq. ft. per front foot of property not occupied by the building |
F. Nonconforming Uses:
1. Nonconforming Signs, Compliance: It is recognized that signs exist within the zoning districts which were lawful before this section was enacted, or for which there are insufficient records to determine their lawfulness at the time they were erected, which would be prohibited, regulated or restricted under the terms of this section or future amendments. It is the intent of this section that nonconforming signs shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this section to permit legal nonconforming signs and signs for which there are insufficient records to determine their lawfulness at the time they were erected, existing on the effective date hereof or amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions:
a. No sign shall be enlarged or altered in a way which increases its nonconformity.
b. Should such sign or sign structure be destroyed by any means to an extent greater than fifty percent (50%) of its replacement cost and the sign is not replaced, or has not had a complete application submitted for a permit to replace the sign, within one hundred eighty (180) days of when the sign was damaged, it shall not be reconstructed except in conformity with the provisions of this section.
c. Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved.
d. No existing sign devoted to a use not permitted by the zoning code in the zoning district in which it is located shall be enlarged, extended or moved except in changing the sign to a sign permitted in the zoning district in which it is located.
e. When a structure loses its nonconforming status all signs devoted to the structure shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color which will harmonize with the structure.
G. Noncommercial Speech:
1. Substitution Clause: The owner of any sign which is otherwise allowed by this section may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. The provision prevails over any more specific provision to the contrary.
H. Enforcement:
1. Administration: Provisions of this section shall be administered and enforced by the zoning administrator or his/her designee, who shall be appointed by the city council, and may have other municipal duties. His/her duties shall include, but not be limited to:
a. Determine that all sign permits comply with the terms of this section.
b. Conduct site inspections to determine compliance with the terms of this section.
c. Receive, file and forward all applications for appeals, variances, conditional uses, or other matters to the designated official bodies.
2. Appeals: The city council constitutes the board of appeals and shall determine, in harmony with the general purpose of this section and the city's comprehensive plan, by resolution, all appeals from any order, requirement, permit or decision made by the zoning administrator under this subsection, and from any interpretation of the text of this section.
At any time within forty five (45) days after the decision of the zoning administrator under the provisions of this section, except in connection with prosecutions for violations thereof, the applicant or other person or officer of the city affected thereby may appeal to the city council by filing a written notice stating the grounds appealed from and stating the specific grounds upon which the appeal is made. The city council will act upon the appeal within thirty (30) days of receipt of said notice. (Ord. 81, 6th Series, eff. 11-16-2015; amd. Ord. 100, 6th Series, eff. 9-5-2017; Ord. 40, 7th Series, eff. 5-14-2023)