(A) Purpose. The following regulations are provided to maintain the attractiveness and orderliness of the city and to protect public safety.
(B) Types of signs defined.
(1) Billboard. Any sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. Billboards require a single or monopole construction.
(2) Business sign. A sign, including any supporting or framing structure, which directs attention to a business or profession conducted upon the premises, or to a commodity, service or entertainment sold or offered upon the premises on which the sign is located.
(3) Free standing sign. Any sign erected on a freestanding framework supported and affixed by one or more uprights or braces in or upon the ground.
(4) Roof sign. Any sign attached to the roof of a building.
(5) Sign. A name, identification, description display or illustration which is affixed to or represented directly or indirectly upon an awning, canopy, marquee, building structure, or piece of land which directs attention to an object, project, place, activity, person, institution, organization or business. A “sign” shall not include any official court or other public notices, nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious or service or fraternal group.
(6) Wall sign. Any sign attached to the wall of a building.
(C) Permit required. No sign, outdoor advertising structure, or display of any character shall be permitted except in conformity with the following regulations. A zoning permit is required for erection, construction, placement, or replacement of any sign to be permanently attached to a building or to be permanently erected as a free-standing sign.
(D) General regulations for signs.
(1) Flashing, moving, glaring signs prohibited. No illuminated sign shall be of excessive brightness or shall flash, scintillate, or move. Time and temperature or message signs not otherwise prohibited under this regulation will be allowed, provided they do not create hazardous or annoying glare.
(2) No sign shall be so located as to hide from view or so illuminated as to interfere with the effectiveness of any traffic-control devise or signal.
(3) No business sign or sign structure shall be located in such a manner as to materially impede the motorist’s view at any street or highway intersection.
(4) No sign shall be permitted to be placed on any wall, fence, or standard facing the side of any adjoining lot which shares a lot line and is located in a residential district, except for those signs permitted in residential districts as provided herein.
(5) All signs shall be maintained in good and safe structural condition.
(6) No sign or part thereof shall be located on any private property without the consent of the owner, holder, lessee, agent, or trustee.
(7) No sign shall contain any indecent, offensive picture, or immoral in character or written manner.
(8) Roof signs must not extend 5 feet above the roof line.
(9) Billboards are permitted along state highways with required city and state permits.
(10) Searchlights and beacon lights are prohibited.
(11) Signs exempt from regulation and permit.
(a) Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person giving legal notice and signs erected or maintained by a public agency or official, or required by law to be displayed by a public utility for directional warning or informational purposes, are not subject to the regulations of this chapter.
(b) Informational and directional signs (which may include a corporate identity symbol) are exempt from this regulation.
(c) Residential nameplate signs of not more than 2 square feet, one per dwelling except for corner lots which may have one nameplate sign facing each street.
(d) Temporary special event signs, portable signs and banners for commercial, community and non-profit sponsored events, providing they are in use for no more than 14 days.
(e) Temporary garage sale, house sale, or real estate sale and construction project signs providing they are removed after the sale or completion of the construction project.
(f) Temporary child operated refreshment stand sign.
(g) All campaign signs of any size provided they are removed within 10 days following the election.
(E) Sign regulations within residential districts. The following sign regulations shall pertain to all residential districts:
(1) For each multiple-family dwelling, identification signs indicating only the name and address of the building and the name of the management, not exceeding a total of 16 square feet in area. The signs may not be closer than 10 feet to any other zoning lot. On corner lots, identification signs shall be permitted per street.
(2) A residential project having a number of buildings shall be permitted one additional sign at the major entry with the name of the project only. The sign shall be not greater than 32 square feet in area and located not closer than 16 feet to any other zoning lot.
(3) Church bulletins, cemetery signs, educational institutions, social facilities and other similar uses: a single identification sign not exceeding 32 square feet except that on corner lots, 2-32 square foot signs will be permitted, 1 facing each street.
(4) Signs designating parking area entrances or exists are limited to 1 sign for each entrance or exit of no more than 3 square feet sign of area for each sign face. One additional sign shall be permitted designating the conditions of use and name of business served by the parking, provided the sign does not exceed 9 square feet. No advertising is permitted on parking area signs.
(5) No free-standing sign shall project higher than 6 feet from the ground. No attached sign shall project more than 12 inches from the wall to which it is attached.
(6) Roof signs are prohibited in residential districts.
(7) Billboards are prohibited in residential districts and must not be located within a distance equal to 1 city block of any residential district.
(F) Sign regulations within the B-1, B-2 and I-1 Districts.
(1) Signs permitted in residential districts are permitted in the B-1, B-2 and I-1 Districts.
(2) The gross area in square feet of business wall signs shall not exceed 20% of the wall area per fascia to which it is attached or of which it is a part.
(3) The gross area in square feet of all free-standing business signs shall not exceed one square foot per each lineal foot of frontage of the zoning lot.
(4) No free-standing sign shall extend over the right-of-way line on any street or highway, except for business signs where existing buildings have no front or side yards or setbacks from the street or road right-of-way may extend over the sidewalk only. Where there is no sidewalk, the sign may extend to a length of a standard sidewalk width located in the zoning district. Signs extending over a right-of-way and/or sidewalk must be a minimum of 13 feet and 6 inches above the ground to allow for snow removal equipment.
(G) Nonconforming signs.
(1) Any nonconforming sign existing upon the effective date of this chapter shall not be enlarged, but may be continued, repaired and maintained at the size and in the manner of operation existing upon such date.
(2) After a nonconforming sign has been removed, it shall not be replaced by another nonconforming sign. Whenever the use of a nonconforming sign has been discontinued for a period of more than 1 year or if it is destroyed by more than 50% of its market value, the use shall not be resumed thereafter unless the sign meets the requirements of this section.
(H) Abatement. If the Administrator finds that any sign has been erected without the necessary permit(s) or any sign is being maintained in violation of any provision of this section, written notice of the violation will be given to the installer of said sign, to the permit holder and/or to the owner, lessee or manager of the property. If after receiving the notice the person fails to remove or alter the sign so as to comply with the provisions of this chapter, the sign shall be deemed to be a nuisance and may be abated by the city under M.S. Ch. 429, as it may be amended from time to time. The cost of such an abatement, including administrative expenses and reasonable attorneys’ fees, may be levied as a special assessment against the property upon which the sign is located.
(I) Appeals. An applicant for a sign permit or a permit holder may appeal any order, requirement, decision or determination made by the Administrator or his or her authorized designee in the enforcement of this section by filing an application for appeal with the Administrator.
(J) Variances. An applicant for a sign permit may request a variance from the requirements of this chapter. The process for requesting a variance shall be as provided in § 151.237. The Council may approve such a variance upon a finding that the variance meets each of the following criteria, although it shall not be required to do so:
(1) There are exceptional or extraordinary circumstances or conditions applying to the property and/or structure(s) in question, which circumstances or conditions do not apply generally to other property and/or structures;
(2) The variance is necessary for the preservation of substantial property rights of the applicant;
(3) Under the circumstances of the particular situation the variance will not adversely affect the health, safety or general welfare of residents of the surrounding area or of the community as a whole.
(Ord. 333, passed 12-27-2004)