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SIGN REGULATIONS
§ 153.145 PURPOSE.
   The purpose of this subchapter is to protect the safety and orderly development of the community through the regulation of signs and sign structures.
(Prior Code, § 11.14)
§ 153.146 DEFINITIONS.
   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   ABANDONED SIGN. A sign structure that has ceased to be used and the owners intend no longer to have used, for the display of sign copy or as otherwise defined by state law.
   ANIMATED SIGN. A sign employing actual motion or the illusion of motion. ANIMATED SIGNS, which are differentiated from changeable signs, as defined and regulated by this subchapter, include the following types.
      (1)   ELECTRICALLY ACTIVATED. Animated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below.
         (a)   FLASHING. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of no illumination. For the purposes of this subchapter, FLASHING will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.
         (b)   PATTERNED ILLUSIONARY MOVEMENT. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
      (2)   ENVIRONMENTALLY ACTIVATED. Animated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings and/or other devices or displays that respond to naturally occurring external motivation.
      (3)   MECHANICALLY ACTIVATED. Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
   ARCHITECTURAL PROJECTION. Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs, as defined herein. See also AWNING; BACKLIT AWNING; and CANOPY, ATTACHED AND FREE-STANDING.
   AWNING. An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources.
   AWNING SIGN. A sign displayed on or attached flat against the surface or surfaces of an awning. See also WALL OR FASCIA SIGN.
   BACKLIT AWNING. An awning with a translucent covering material and a source of illumination contained within its framework.
   BANNER. A flexible substrate on which copy or graphics may be displayed.
   BANNER SIGN. A sign utilizing a banner as its display surface.
   BILLBOARD. See OFF-PREMISES SIGN and OUTDOOR ADVERTISING SIGN.
   BUILDING ELEVATION. The entire side of a building, from ground level to the roofline, as viewed perpendicular to the walls on that side of the building.
   CANOPY (ATTACHED).
      (1)   A multi-sided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points.
      (2)   The surface(s) and/or soffits of an ATTACHED CANOPY may be illuminated by means of internal or external sources of light. See also MARQUEE.
   CANOPY (FREE-STANDING). A multi-sided overhead structure supported by columns, but not enclosed by walls. The surface(s) and or soffits of a free-standing canopy may be illuminated by means of internal or external sources or light.
   CANOPY SIGN. A sign affixed to the visible surface(s) of an attached or free-standing canopy. For reference, see § 153.147 of this chapter.
   CHANGEABLE SIGN. A sign with the capability of content change by means of manual or remote input, including signs which are as follows.
      (1)   ELECTRICALLY ACTIVATED. A sign with whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetical or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also ELECTRONIC MESSAGE SIGN OR CENTER.
      (2)   MANUALLY ACTIVATED. Changeable sign whose message copy or content can be changed manually.
   CITY. The governing authority for the City of Luverne.
   CODE OFFICIAL. Person designated by the governing authority to enforce this subchapter.
   COMBINATION SIGN. A sign that is supported partly by a pole and partly by a building structure.
   COPY. Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.
   DEVELOPMENT COMPLEX SIGN. A free-standing sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord, approved in accordance with § 153.154 of this chapter.
   DOUBLE-FACED SIGN. A sign with two faces, back to back.
   ELECTRIC SIGN. Any sign activated or illuminated by means of electrical energy.
   ELECTRONIC MESSAGE SIGN OR CENTER. An electrically activated changeable sign whose variable message capability can be electronically programmed.
   EXTERIOR SIGN. Any sign placed outside a building.
   FASCIA SIGN. See WALL OR FASCIA SIGN.
   FLASHING SIGN. See ANIMATED SIGN, ELECTRICALLY ACTIVATED.
   FREE-STANDING SIGN. A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground. For visual reference, see § 153.155 of this chapter.
   FRONTAGE (BUILDING). The length of an exterior building wall or structure of a single premises orientated to the public way or other properties that it faces.
   FRONTAGE (PROPERTY). The length of the property line(s) of any single premises along either a public way or other properties on which it borders.
   GROUND SIGN. See FREE-STANDING SIGN.
   ILLUMINATED SIGN. A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated); or reflecting off its surface(s) (externally illuminated).
   INTERIOR SIGN. Any sign placed within a building, but not including “window signs” as defined by this chapter. INTERIOR SIGNS, with the exception of window signs as defined, are not regulated by this chapter.
   MANSARD. An inclined decorative roof-like projection that is attached to an exterior building facade.
   MARQUEE. See CANOPY (ATTACHED).
   MARQUEE SIGN. See CANOPY SIGN.
   MENU BOARD. A free-standing sign orientated to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has no more than 20% of the total area for the sign utilized for business identification.
   MULTIPLE-FACED SIGN. Sign containing three or more faces.
   OFF-PREMISES DIRECTIONAL SIGN. Any sign that is not located upon the premises of the business to which it refers and directs traffic to that business location.
   OFF-PREMISES SIGN. See OUTDOOR ADVERTISING SIGN.
   ON-PREMISES DIRECTIONAL SIGN. Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic on the lot where the business is located. ON-PREMISES DIRECTIONAL SIGNS shall include signs marking entrances, exits, parking areas, drive throughs, loading areas or other operational features of the premises.
   ON-PREMISES SIGN. A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages belonging to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
   OUTDOOR ADVERTISING SIGN. A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or non-commercial messages not belonging to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
   PARAPET. The extension of a building facade above the line of the structural roof.
   POLE SIGN. See FREE-STANDING SIGN.
   POLITICAL SIGN. A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a POLITICAL SIGN.
   PORTABLE SIGN. Any sign not permanently attached to the ground or to a building or building surface.
   PROJECTING SIGN. A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
   REAL ESTATE SIGN. A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
   REVOLVING SIGN. A sign that revolves 360 degrees about an axis. See also ANIMATED SIGN, MECHANICALLY ACTIVATED.
   ROOF LINE. The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of the facade or parapet.
   ROOF SIGN. A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections, such as canopies or marquees, shall not be considered to be ROOF SIGNS.
   SANDWICH BOARD SIGNS. A freestanding temporary sign, with no moving parts or lights, displayed outside a business during business hours, to advertise the business, hours of operation, an event, a promotion, etc. (excluding real estate signage). It is not intended as permanent business signage.
   SIGN. Any device visible from a public place that displays either commercial or non-commercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Non-commercial flags or any flags displayed from staffs will not be considered to be SIGNS.
   SIGN AREA. The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or “V” shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign.
   SIGN COPY. Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
   SIGN FACE. The surface upon, against or through which the sign copy is displayed or illuminated, not including structural supports, architectural features of a building or sign structure, non-structural or
decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.
      (1)   In the case of panel or cabinet type signs, the SIGN FACE shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illuminated, but not open space between separate panels or cabinets.
      (2)   In the case of sign structures with routed areas of sign copy, the SIGN FACE shall include the entire area of the surface that is routed, except where interrupted by a reveal, border or a contrasting surface or color.
      (3)   In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the SIGN FACE shall comprise the sum of the geometric figures or combinations of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
      (4)   In the case of sign copy enclosed within painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the SIGN FACE shall comprise the area within the contrasting background, or within the painted or illuminated border.
   SIGN STRUCTURE. Any structure supporting a sign.
   TEMPORARY SIGN.
      (1)   A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature.
      (2)   Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered TEMPORARY SIGNS.
   UNDER CANOPY SIGN or UNDER MARQUEE SIGN. A sign attached to the underside of a canopy or marquee.
   V SIGN. Signs containing two faces of approximately equal size, erected upon common or separate structures, positioned in a “V” shape with an interior angle between faces of not more than 90 degrees with the distance between the sign faces not exceeding five feet at the closest point.
   WALL OR FASCIA SIGN. A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall, including signs affixed to architectural projections from the building; provided, the copy area of the signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.
   WINDOW SIGN. A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
(Prior Code, § 11.14) (Ord. 336, Third Series, effective 8-7-2014)
§ 153.147 GENERAL PROVISIONS.
   (A)   Conformance to codes. Any sign hereafter erected shall conform to the provisions of this subchapter and the provisions of the Minnesota Building Code and any other ordinance or regulation within the city.
   (B)   Signs in the rights-of-way. No sign other than an official traffic sign or similar sign shall be erected within two feet of the lines of any street, or within any public way, unless specifically authorized by other ordinances or regulations of the city or by specific authorization of the Code Official.
   (C)   Projections over public ways. Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limit either defined herein or, if not so defined, at a minimum height of eight feet from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over a vehicular access area must conform to the minimum height clearance limitations imposed by the city for the structures.
   (D)   Traffic visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct either free or clear vision, nor at any location where by its position, shape or color, may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
   (E)   Computation of frontage. If a premises contains walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage.
   (F)   Animation and changeable messages. Animated signs, except as prohibited in § 153.149 of this chapter, are permitted in all non-residential zones as a conditional use approved by the city’s Planning Commission. Changeable signs, manually activated, are permitted in all non-residential zones. Changeable signs, electrically activated, are permitted in all non-residential zones. Area(s) shall apply to allowable signage square footage.
   (G)   Maintenance, repair and removal. Every sign permitted by this subchapter shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the Code Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this subchapter, the owner thereof or the person or firm using same shall, upon written notice by the Code Official forthwith in the case of immediate danger and, in any case, within ten days, make such sign conform to the provisions of this subchapter, or shall remove it.
If within ten days the order is not complied with, the Code Official shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign, or an administrative citation may be issued as set forth in another section of this chapter.
   (H)   Obsolete sign copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which the sign is erected must have the sign removed within 30 days after written notification of the Code Official; and, upon failure to comply with the notice, the Code Official is hereby authorized to cause removal of the sign, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located, or an administrative citation may be issued as set forth in another section of this chapter.
   (I)   Non-conforming signs. Any sign legally existing at the time of the passage of this subchapter that does not conform in use, location, height or size with the regulations of the zone in which it is located, shall be considered a legal non-conforming use structure and shall be permitted to continue in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations.
      (1)   Structural alterations, enlargement or re-erection are permissible only where the alterations will not increase the degree of non-conformity of the signs.
      (2)   Any legal non-conforming sign may be removed or rebuilt without increasing the existing height or area if it is damaged, or removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds 50% of the replacement cost of the sign as determined by the Code Official.
      (3)   Signs that comply with either divisions (I)(1) or (I)(2) above require permits.
(Prior Code, § 11.14)
§ 153.148 EXEMPT SIGNS.
   (A)   The following signs shall be exempt from the provisions of this chapter.
   (B)   No sign shall be exempt from § 153.149 of this chapter:
      (1)   Official notices authorized by a court, public body or public safety official;
      (2)   Directional, warning or informational signs authorized by federal, state and/or the city;
      (3)   Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of non-combustible material and made an integral part of the building or structure;
      (4)   The flag of a government or non-commercial institution, such as a school;
      (5)   Religious symbols decorations within the appropriate public holiday season;
      (6)   Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain; and
      (7)   Street address signs that contain no advertising copy and which do not exceed two and one-half square feet in area.
(Prior Code, § 11.14)
§ 153.149 PROHIBITED SIGNS.
   The following devices and locations shall be specifically prohibited:
   (A)   Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver’s view of approaching, merging or intersecting traffic;
   (B)   Except as provided for elsewhere in this chapter, signs encroaching upon or overhanging public right-of-way. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way. The Code Official may approve the installation of “special event” signs on utility property, such as for holidays or community events;
   (C)   Signs which blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance;
   (D)   Portable signs, except as allowed for temporary signs; and
   (E)   Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions:
      (1)   The primary purpose of such a vehicle or trailer is not the display of signs;
      (2)   The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle;
      (3)   The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which the sign relate;
      (4)   Vehicles and trailers are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public; and
      (5)   Balloons, streamers or pinwheels, except those temporarily displayed as part of a special sale, promotion or community event. For the purpose of this division (E)(5), TEMPORARILY means no more than 20 days in any calendar year.
(Prior Code, § 11.14)
§ 153.150 PERMITS.
   (A)   Permits required. Unless specifically exempted, a permit must be obtained from the Code Official for the erection, alteration and maintenance of all signs erected or maintained within the city. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from the responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all other provisions of the code.
   (B)   Construction documents. Before any permit is granted for the erection of a sign or sign structure requiring the permit, construction documents shall be filed with the Code Official showing dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and by engineering calculations signed and sealed by a registered design professional where required by the Minnesota Building Code.
   (C)   Changes to signs. No sign shall be structurally altered, enlarged or relocated, except in conformity to the provisions herein, nor until proper permit, if required, has been secured. The changing or maintenance of moveable parts or components of an approved sign that is designed for such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or content of any sign shall not be deemed a structural alteration.
   (D)   Permit fees. Permit fees to erect, alter or relocate a sign shall be in accordance with the fee schedule adopted from time to time by the City Council. The Code Official may double the fee for any sign, which requires a permit, if it is not obtained prior to the start of the work.
(Prior Code, § 11.15)
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