(A) Findings, purpose, and effect.
(1) Findings. The city finds:
(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 and aesthetic concerns, thereby threatening the public health, safety and welfare.
(d) The city's zoning regulations include 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 regulation of the physical characteristics of signs within the city has had a positive impact on traffic safety and the appearance of the community.
(2) Purpose and intent.
(a) It is not the purpose or intent of § 153.064 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.
(b) The purpose and intent of § 153.064 is to:
1. 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.
2. Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community.
3. 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.
4. 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 this chapter. The effect of § 153.064, 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 § 153.064.
(b) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of § 153.064.
(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 administration and enforcement of the provisions of § 153.064.
(B) Permit required. No sign shall be erected, altered, improved, reconstructed, maintained or moved in the city without first securing a sign permit from the city:
(1) The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit.
(2) Application for a sign permit shall be in conformance with the requirements of § 153.028(K), Sign Permits:
(C) Permit not required. The following signs shall not require a permit and are allowed in addition to those signs allowed by § 153.064(I) and § 153.064(J) 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 regulating the same.
(1) The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on site changes involving sign painting on a surface other than the surface of the building.
(2) Permanent signs two square feet or less in size.
(3) One temporary sign per property in residential districts not to exceed four square feet.
(4) In a state general election year, noncommercial signs of any size may be posted in any number 46 days before the state primary in a state general election year until ten days following the state general election. Election signs posted in connection with elections held at times other than those regulated by M.S. § 211B.035, as it may be amended from time to time, shall not be posted more than 13 weeks prior to the election and shall be removed by the party responsible for the erection of the sign or the property owner within ten days after the election. All such noncommercial signs are permitted on private property in any zoning district with the express consent of the owner or occupant of such property.
(5) Official and public signs.
(6) One sign shall be allowed per street frontage when a property is offered for sale or lease, provided that:
(a) Within residential zoning districts (see table 3-1), no sign shall exceed 12 square feet in area and six feet in height for single-family, two-family, townhouse, and quadraminium units; or 32 square feet in area or eight feet in height for multi-family or institutional uses.
(b) For non-residential zoning districts (see table 3-1), as well as for any parcel larger than ten acres in any zoning district, signs may be up to 96 square feet in area or 12 feet in height as defined in this chapter. One additional such sign shall be allowed for any street frontage which exceeds 1,000 linear feet. For the purposes of this section, frontage on any right-of-way, including local streets, county or state highways, or I-94 shall constitute a “frontage”, regardless of access.
(7) Sandwich board signs are allowed within all business zoning districts (see table 3-1) provided that:
(a) Not more than one sign is allowed per principal building except that one sign is allowed per tenant within a principal building having two or more tenants each with an exclusive exterior entrance.
(b) The sign shall only be displayed when the business is open to the public.
(c) Except in the CCD district, the sign shall be placed only on the business property and shall be located within required principal building setbacks, or encroaching into required setback areas a maximum of five feet, and shall not be placed on any vehicle.
(d) The signs shall be located so as to maintain a minimum five-foot pedestrian walkway and so as not to obstruct vehicular traffic.
(e) The sign shall be set back a minimum of two feet from the back of curb of a public street or private drive aisle.
(f) The sign shall conform to the following height and area requirements:
1. Height: Five feet.
2. Area: Six square feet.
(g) For sandwich board signs within the CCD district, sandwich board signs may be located in accordance with the provisions of division (c) above. In addition, such signs may be placed upon the sidewalk or boulevard portion of a public right-of-way upon the issuance of an annual permit in accordance with the provisions and process of § 153.028(K).
(D) Prohibited signs. The following signs are prohibited:
(1) 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 signs, 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 or any railroad sign or signal.
(2) All off-premises signs unless specifically provided for by this chapter.
(3) Flashing signs.
(4) Roof signs.
(5) Rotating signs.
(6) Shimmering signs.
(7) Signs which move or imitate movement, except for dynamic scrolling signs as defined in this chapter.
(8) Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures.
(9) Off-premises signs:
(a) Off premise signs existing as nonconforming structures at the time of adoption of this chapter greater than six square feet in area shall be considered a principal use of property.
(b) Annual permits are required for all off-premises signs. Off-premises signs shall be removed as a condition of construction of another principal use upon the property or platting or subdivision approval for the land on which it is located.
(10) Abandoned signs.
(E) Nonconforming signs and uses.
(2) Uses. When the principal use of land is legally nonconforming under §§ 153.105 through 153.110, all existing or proposed signs in conjunction with that land use shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed.
(3) When a sign is considered to be nonconforming due to size, location, or other factor, but represents a conforming use of land, such sign may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless it is considered to be abandoned as defined by this chapter. When a nonconforming sign has been damaged to an extent of 50% or more of its market value, such sign shall be considered to be abandoned if no building or sign permit has been applied for within 180 days of the date of damage.
(G) Substitution. The owner of any sign which is otherwise allowed by § 153.064 may substitute non-commercial copy in lieu of any other commercial or non-commercial 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 non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary.
(H) General provisions.
(1) Accessory structures. Except as provided for by § 153.064(D)(9), all signs shall be considered accessory structures.
(2) Setbacks. All freestanding signs shall be set back 15 feet from any property line abutting a public right-of-way and five feet from any side or rear property line. No sign may be located within a drainage and utility easement. A certificate of survey may be required to verify sign setback in accordance with this chapter.
(3) Standards adopted. The design and construction standards as set forth in Chapter 4 of the 1997 edition of the Uniform Sign Code as may be amended, are hereby adopted.
(4) Electrical signs. The installation of electrical signs shall be subject to the State's Electrical Code. Electrical service to such signs shall be underground.
(5) Approval. No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the Community Development Department.
(6) Sign interference. No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof.
(7) Illuminated signs. Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. Notwithstanding this provision, LED (Light Emitting Diode) light displays may be installed without shielding of the light source provided that:
(a) Unshielded LED light displays may only be located on properties within the FBS, Freeway Bonus Sign District, an overlay zoning district as defined in § 153.046(G).
(b) Unshielded LED lights are not installed in any area that abuts residentially zoned property.
(c) Unshielded LED lights are not installed in such a way as to direct light towards residentially zoned property within 500 feet of the light source.
(d) Unshielded LED lights may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness;
(e) Dimmer control. Unshielded LED lights must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise.
(8) Placement. No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape.
(9) Square footage calculation (total area = A x B):
(a) For wall signs, the area of a sign shall be that area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures or symbols attached directly to the part of a building, which is included in the smallest rectangular figure which can be made to circumscribe the message, figure, or symbol displayed thereon.
(b) For monument signs, area shall be calculated as for wall signs. Structural members of the sign, including supports or other decorative features shall not be considered as a part of the measured sign area.
(c) For pylon signs, the entire area of the sign face or cabinet shall be considered as a part of the measured sign area. Structural supports, provided that they have no message or other graphics, shall be exempt from the area calculation.
(d) A freestanding sign or sign structure constructed so that the faces are not back to back, shall not have an angle separating the faces exceeding 30 degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district.
(10) Height. The top of a wall sign, including its superstructure, if any, shall be no higher than the roof of the building to which such sign may be attached.
(11) Landscaping. A site plan shall be submitted as a part of any application for a freestanding sign which includes plans for the landscaping of the area near the sign, and which demonstrates that the sign will complement the existing or proposed general site landscaping of the property.
(12) Vehicle fuel facilities. Signs for vehicle fuel facilities shall be regulated by the sign provisions for the zoning district in which the facility is located, except that within a freestanding sign, an area not to exceed 16 square feet shall be allowed for continuous display (no flashing, scrolling or other animation) of electronic or non-electronic changeable copy identifying current fuel prices in accordance with M.S. § 239.751, as it may be amended from time to time.
(13) Window signs. Window signs in the CCD zoning district shall comply with the requirements of the applicable Monticello CCD Sign regulations. Window signs are not considered a part of the maximum sign area otherwise allowed under § 153.064 and do not require a permit.
(14) Changeable copy signs.
(a) Changeable copy signs are subject to the following additional regulations:
1. Signs must be permanently anchored to the structure.
2. Signs must be incorporated within the overall sign structure for both monument and pylon signs and must be consistent in design with the sign structure.
(b) Within commercial and industrial districts and for civic and institutional uses including, but not limited to, public school facilities, hospital and medical facilities, municipal facilities and places of public assembly, one changeable copy sign shall be allowed per site provided that the area of the sign not exceed 25% of the allowable sign area or 50 square feet, whichever is less, for a freestanding or wall sign. The area of this sign shall be counted against the maximum sign area for the building, except where the property owner has agreed to forgo the use of temporary signs in accordance § 153.064(I)(2) in which case the area of the changeable copy sign shall be allowed in excess of the maximum sign area.
(15) Time and temperature signs. Within commercial and industrial zoning districts, an area not to exceed 16 square feet within a freestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located.
(16) Projecting signs. Projecting signs may be allowed in commercial districts provided that:
(a) There is a minimum of eight feet of clearance under the base of the sign to the ground below.
(b) The sign does not project more than five feet beyond the wall to which it is mounted, may not project over any vehicular drive aisle or traveled portion of a public or private street and except in the CCD, Central Community District may not project over a public right-of-way.
(c) The area of the projecting sign is not more than 50% of the maximum area allowed for an individual wall sign in the respective zoning district in § 153.064(J).
(17) Dynamic displays.
(a) Findings. Based on studies related to the use of dynamic sign displays and driver distraction, the city finds that dynamic signs, as defined by the zoning ordinance, have a unique potential to create driver distraction, a major cause of traffic crashes. As a result, the city has adopted special regulations that relate to such signs. These regulations shall apply to all proposed dynamic signage in the city, whether new or existing, conforming or nonconforming at the time of adoption of this chapter.
(b) Regulations governing dynamic sign displays.
1. Dynamic sign displays shall have messages that change instantaneously, and do not fade, dissolve, blink, or appear to simulate motion in any way. Prohibited blinking signs shall include signs which are displayed as continuous solid messages for less than the time required by division 3. below. The exception to this regulation is the allowance of messages that appear to scroll horizontally across the sign, but are otherwise in compliance with the requirements of this chapter, including the definition of “scrolling signs”.
2. With the exception of dynamic sign displays for civic or institutional uses, dynamic sign displays shall not be permitted in any residential zoning district.
3. Dynamic sign displays shall be permanent signs.
4. No dynamic sign display shall change more than one time per three second period; time and temperature displays may change as frequently as once every three seconds.
5. Dynamic sign displays shall be no brighter than other illuminated signs in the same district.
6. Dynamic sign displays shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the city that the display violates the city’s regulations.
7. Applicants for dynamic sign displays shall sign a license agreement supplemental to the building permit agreeing to operation of a sign in conformance with these regulations. Violation of these regulations shall result in forfeiture of the license, and the city shall be authorized to arrange disconnection of electrical service to the sign display.
8. With the exception of dynamic sign displays for civic or institutional uses, no dynamic sign display shall be permitted to be located in a yard or on the side of a building which abuts a residentially zoned or used parcel.
9. Dynamic sign displays for civic or institutional uses adjacent to or abutting residential uses or residentially zoned property shall be subject to the requirements of § 153.064(H) of this chapter and the following additional requirements.
a. Dynamic displays are limited to inclusion on existing or proposed monument signage as allowed by § 153.064(J); the total of such monument signage shall not exceed 100 square feet.
b. Dynamic displays shall not exceed 25% of the allowable sign area or 25 feet in total for the parcel, whichever is less, and shall be limited to one sign display per parcel.
c. Dynamic sign displays must be setback a minimum of 15 from the public right-of-way and 100 from the property line when adjacent to residential uses or residentially zoned property.
d. Dynamic sign displays must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise.
e. Dynamic sign displays shall not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness.
f. Dynamic sign displays may only be illuminated between the hours of 7:00 a.m. to 10:00 p.m.
(18) Design and materials standards for signs in commercial districts, industrial districts, the CCD District, PUDs.
(a) In general. The design and materials of any sign shall be consistent with the building materials requirements of the district in which the sign is located, and shall be the same as, or compatible with, the materials and design of the principal building(s) on the property.
(b) Specific materials for pylon signs. All exposed pole or post structures must be wrapped or faced with stucco, architectural metal, brick or stone consistent with building architecture.
(I) Temporary signs.
(1) For property in a Business District or an Industrial District (see table 3-1), the use of temporary sign devices shall not exceed 120 days per calendar year per business. When multiple temporary signs are permitted per parcel, such signs shall be spaced 75 lineal feet apart. The area of temporary sign devices shall not exceed 40 square feet. Off-premises temporary signage is prohibited. A temporary sign permit is required to be obtained prior to displaying the sign.
(a) The number of days and dates of use shall be provided on the permit application. Each business may request up to a total of four permits per calendar year, or until 120 days are reached cumulatively, whichever occurs first.
(2) In cases where properties forego, in writing, temporary signage allowed by § 153.064(I)(1) above, an additional permanent message board sign up to 50 square feet in area shall be allowed. Such sign may be incorporated into a property’s freestanding sign or the building as additional wall sign area. Freestanding signs shall be subject to the height limitations of the applicable zoning district.
(3) Subject to other provisions of § 153.064(I), one additional temporary sign device shall be permitted for a business on a one-time basis for a period of up to 40 days to be utilized within six months of the first day of the business opening to the public. Such signage shall not be limited by the provisions of § 153.064(I)(2).
(4) Businesses or organizations with their activities located in the CCD, Central Business District, may display temporary, off-premise signs by express permit issued by the City Council or the Council’s designee where access to commercial areas requires directional signage from the city’s arterial roads. Signs allowed under this section shall be considered to be in addition to any other sign allowances, including permanent signage, other on-site temporary signs, or “sandwich board” signs displayed pursuant to § 153.064(C)(7). Signs allowed under this section may, at the discretion of the Council, be permitted under the following conditions:
(a) Off-premise, temporary signs shall be no more than four square feet in area.
(b) Off-premise temporary signs shall be no more than three feet in height.
(c) Off-premise temporary signs shall be limited to no more than one sign every 75 lineal feet of street frontage, but no more than three signs per parcel.
(d) Notwithstanding other regulations to the contrary, such signs may be placed upon the public sidewalk within a city street right-of-way. Any such sign placed on the public sidewalk shall be located so as to avoid impeding pedestrian traffic, and to avoid visual interference with vehicular traffic.
(e) An application for an off-premise, temporary sign shall be accompanied by a written statement of permission from the owner of the private property on which the sign is located. Such statement shall include an express grant of permission for city inspectors to enter the property for the purpose of inspecting and/or removing said signs.
(f) An application for signs subject to the provisions of this section may be made for a single period of display, or in the alternative, the city may grant approval for annual license for the display of such signs in accordance with § 153.028(K). Separate fees may be established for single-period or annual-period permits.
(g) Eligible days for the display of signs subject to this section shall be Thursday, Friday, Saturday, or Sunday only.
(5) All signs comprised of non-commercial speech are permitted on private property in any zoning district with an established principal commercial, industrial, institutional, or public use, with the express consent of the owner of such property.
(a) The total area of such sign devices shall not exceed 40 square feet in total.
(b) Signs may be placed for up to 21 days per 30-day period.
(c) Signs may not be placed within the public right-of-way or easements.
(d) Such signs shall be spaced a minimum of 75 linear feet from any other sign on the site.
(e) No permit shall be required for such signage.
(6) Temporary signage may be located on a vacant parcel adjacent to a parcel occupied by an active and permitted principal use, when such properties are held in the same ownership.
(1) Within residential zoning districts (see table 3-1), the following additional regulations apply:
1. The area of the sign shall not exceed four square feet.
2. Freestanding signs shall be limited to a maximum height of four feet.
(b) In addition to the sign allowed by § 153.064(J)(1)(a) above, residential uses shall be allowed one monument sign per collector or arterial street access. Such sign shall meet the requirements of this chapter and shall be constructed at the time of plat or phased plat development adjacent to the collector or arterial access.
(c) Civic and institutional uses shall be allowed two monument signs per lot meeting the requirements of this chapter.
(2) Within business and industrial zoning districts (see table 3-1), the following additional regulations shall apply:
(a) Total area of signs. The total area of all signs (with the exclusion of freestanding signs as may be allowed by this code) displayed on a lot shall not exceed 15% of the total building facade fronting not more than two public streets.
(b) Freestanding signs.
1. Unless otherwise specified in this section, one sign is allowed per lot. The area of a freestanding sign may not exceed 100 square feet each side with a maximum height of 22 feet.
2. If a monument, rather than pylon sign is utilized, an additional 100 square feet of area beyond the total area calculated in § 153.064(J)(2)(a) above, devoted to wall, canopy or marquee signs shall be granted.
3. In addition to the sign allowed by divisions 1. and 2. above, additional signage may be allowed per lot in an amount not to exceed three signs with an individual square footage maximum of ten square feet each and 30 total square feet. Such signage shall not exceed three feet in height. Signage shall be setback at least six feet from adjacent property lines and shall not be located within a public right-of-way or easement without a license agreement approved by the City Council. Such signs may not include changeable copy or dynamic displays.
4. For shopping centers greater than 150,000 square feet of aggregate building square footage and greater than 20 acres in site area, two freestanding signs may be permitted. Two pylon signs may be constructed or, as an alternative, one pylon and one monument sign may be constructed. When the latter option is chosen, the monument sign shall be no greater than 14 feet in height nor more than 100 square feet in area. The pylon sign may be no greater than 25 feet in height and 300 square feet in area.
(c) Wall, canopy, or marquee signs.
1. Wall, canopy, projecting, and marquee signs shall be consistent with the maximum area requirements of § 153.064(J)(2)(a).
2. Wall, canopy and marquee signs are permitted on any building facade except those which abut properties zoned for residential use.
(d) Multiple occupancy commercial and industrial buildings. When a single principal building is devoted to two or more commercial or industrial principal uses, signs shall be allowed subject to review and approval of the Community Development Department based upon the following requirements:
1. The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign shall not exceed the maximum provisions in the same zoning district in § 153.064(J).
2.
Commercial retail, office, or mixed use multiple occupancy buildings may display a single freestanding sign consistent with the applicable zoning district provisions in § 153.064(J).
3. Individual tenants of a multiple occupancy building within a commercial or industrial zoning district may display separate wall, canopy, or marquee signs subject to the following requirements:
a. Such sign shall be limited to the maximum wall sign size permitted in the applicable zoning district provisions in § 153.064(J). Sign area shall be calculated based on the facade area of each individual tenant space.
b. Such signs shall be located on exterior walls facing residentially zoned properties or properties on which a residential use exists.
c. A comprehensive sign plan is submitted that includes all of the following information:
(i) A site plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs, and any other physical features of the area included within the proposed comprehensive sign plan.
(ii) Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy, or marquee signs.
(iii) To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means of illumination (if any).
d. No permit shall be issued for a new or replacement sign for an individual tenant except upon a determination by the Community Development Department that it is consistent with the approved comprehensive sign plan.
(Ord. 799, passed 2-27-2023)