§ 150.203 WASTE MATERIAL.

   Waste material shall not be washed into the public storm sewer system nor the sanitary sewer system without first having received a permit to do so from the city. If said permit is not granted, a method of disposal shall be devised which will not require continuous land acquisition for permanent operation and will not cause a detrimental effect to the adjacent land. Should the waste be of a solid form rather than fluid, the storage area shall be so located and fenced as to be removed from public view.

(Ord. 395, passed 7-6-2010) Penalty, see § 150.999

SIGNS

§ 150.210 PURPOSE, FINDINGS AND EFFECT.

   (A)   Purpose and intent. It is not the purpose or intent of this subchapter to regulate the message displayed on any sign; nor is it the purpose or intent of this subchapter 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 subchapter 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 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; and

      (4)   Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city.

   (B)   Findings. The City Council hereby finds as follows:

      (1)   Exterior signs have a substantial impact on the character and quality of the environment;

      (2)   Signs provide an important medium through which individuals may convey a variety of messages;

      (3)   Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare; and

      (4)   The city’s zoning regulations include the regulation of signs in an effort 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.

   (C)   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 subchapter, as more specifically set forth herein, is to:

      (1)   Allow a variety of sign types in commercial and industrial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this subchapter;

      (2)   Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this subchapter;

      (3)   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; and

      (4)   Provide for the enforcement of the provisions of this subchapter.

(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)

§ 150.211 SEVERABILITY.

   If any section, subsections, sentence, clause or phrase of this subchapter is for any reason held to be invalid, the decision shall not affect the validity of the remaining portions of this subchapter. The City Council hereby declares that it would have adopted the subchapter in each section, subsections, sentence or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases is declared invalid.

(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)

§ 150.212 DEFINITIONS.

   For the purpose of this Zoning Code and other applicable ordinances, certain words and terms are defined as follows.

   ABANDONED SIGN. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of six (6) months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of the business shall not be deemed abandoned unless the property remains vacant for a period of six (6) months 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 variance shall also be subject to the definition of ABANDONED SIGN.

   ADDRESS SIGN. A sign communicating street address only, whether script or in numerical form. Address numbers shall be a minimum of four (4) inches in height.

   AREA IDENTIFICATION SIGN. A wall or monument sign which identifies the name of a residential development consisting of ten (10) or more lots, a multiple residential development consisting of two (2) or more primary structures, multi-family dwelling groups of six (6) or more units; a religious or public institution; or, any integrated combination of the above. The sign shall be limited only to the identification of the development or institution.

   ARTIFICIAL LIGHT. Illumination resulting from internal or external artificial light sources, including glare and reflected light by-products of artificial light.

   BANNER SIGN. A temporary sign typically made of cloth, plastic or vinyl materials. BANNER SIGNS shall not be considered permanent signage.

   BENCH SIGN. A sign affixed to a sitting bench.

   BILLBOARD. Any permanent sign that identifies or communicates a commercial or non-commercial message which does not relate in its subject matter to the premises on which it is located. A BILLBOARD shall be considered either a freestanding or pylon sign, shall meet the respective area and height requirements as regulated herein, and shall be limited to two (2) sides.

   CANOPY/MARQUEE/AWNING SIGN. Any message or identification affixed to a projection or extension of a building or structure, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly.

   COMMERCIAL SPEECH SIGN. Speech or graphics advertising a business, profession, commodity, service or entertainment.

   CONSTRUCTION SIGN. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier, or other involved parties.

   DIRECTIONAL SIGN. A sign erected on public or private property which bears the address and/or name of a business, institution, church or other use or activity plus directional arrows or information on location.

   DIRECTORY SIGN. An exterior informational wall sign which does not exceed four (4) square feet and identifies the names of businesses served by a common public entrance in a shopping center.

   DYNAMIC DISPLAY. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking or animated display, and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink”, or any other method or technology that allows the sign face to present a series of images or displays.

   FREESTANDING SIGN. A self-supporting sign and sign structure, both of which are not more than twelve (12) feet in height. The sign shall be limited in area to a maximum of thirty-five (35) square feet on each face.

   GOVERNMENT SIGN. A sign erected by a unit of government.

   GROSS SURFACE AREA OF SIGN. The entire area in square feet within a single continuous perimeter enclosing the extreme limits of the complete message of any sign, which limits shall include the surface on which the message is affixed, unless the individual letters of the message re-affixed directly to the surface of a wall, in which case the maximum height and width shall apply. Such permits shall not include any structural elements lying outside the limits of the sign surface which do not form an integral part of the sign message, except where the sign structure is held by the Zoning Administrator to be larger than required for structural strength.

   INFORMATIONAL SIGN. Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification.

   INSTITUTIONAL SIGN. A sign or bulletin board which identifies the name or other characteristics of a public, semi-public, or private institution on the site where the sign is located. Institutions shall include churches, schools, city buildings, and other non-profit and charitable organizations.

   INTEGRAL SIGN. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made bronze, aluminum or other permanent type of construction, and made an integral part of the structure.

   MAXIMUM HEIGHT OF SIGN. The vertical distance measured from the nearest finished grade to the highest limit of such sign.

   MINIMUM HEIGHT OF SIGN. The vertical distance measured from the nearest finished grade to the lower limit of such sign.

   MONUMENT SIGN. A sign whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure. MONUMENT SIGNS shall not exceed thirty six (36) square feet in area and not more than six (6) feet in height.

   NON-COMMERCIAL SPEECH. Dissemination of messages 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.

      (1)   LEGAL. A sign which lawfully existed at the time of the passage of this zoning code or amendment thereto, but which does not conform with the regulations of this zoning code.

      (2)   ILLEGAL. A sign which was constructed after the passage of this zoning code or amendments thereto, and does not conform with the regulations of this zoning code.

   OFF-PREMISE SIGN. A commercial speech sign advertising a business, commodity, service or entertainment conducted, sold or offered elsewhere other than upon the property on which the sign is located.

   ON-PREMISE SIGN. A commercial speech sign advertising a business, commodity, service or entertainment conducted, sold or offered upon the property on which the sign is located.

   PORTABLE SIGN. A sign so designed as to be movable from one (1) location to another and which is not permanently attached to the ground or structure, such as portable or wheeled signs, or signs on parked vehicles where the sign is the primary use of the vehicle.

   PROJECTING SIGN. Any sign that projects more than twelve (12) inches out over the front edge of the roof structure and/or the face of the building at a perpendicular angle to the building.

   PYLON SIGN. A self-supporting sign and sign structure, both of which are not more than thirty-five (35) feet in height. The sign shall be limited in area to a maximum of two hundred (200) square feet per face.

   REAL ESTATE SIGN. Any sign pertaining to the sale, lease or rental of land or buildings. Such signs may only be placed upon the land or buildings being advertised for sale, lease or rental.

   ROOF SIGN. Any sign erected, constructed or attached, wholly or in part, upon or over the roof of a building. The sign shall be limited in area to a maximum of fifty (50) square feet per face and a maximum of two (2) sign faces.

   SHOPPING CENTER. Any contiguous group of two (2) or more retail stores or service establishments, comprising ten thousand (10,000) or more square feet of floor area, which provides off-street parking utilized in common by patrons.

   SHOPPING CENTER IDENTIFICATION SIGN. A monument, freestanding or pylon sign and sign structure adjacent to an arterial street, which is limited to thirty-five (35) feet in height. The sign shall be limited in area to a maximum of two hundred (200) square feet.

   SIGN. Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed 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. The framework and all associated brackets, braces, supports, wires and structures used to display an advertisement, announcement, message or visual communication.

   TEMPORARY SIGN. A non-permanent sign affixed, erected or displayed on a parcel for a limited period of time, not to exceed ninety (90) days per improved parcel.

   TOTAL ALLOWABLE SIGN AREA. The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated as to create a surface area in excess of the requirements.

   TRAFFIC SIGN. A sign erected by a governmental unit for the purpose of directing or guiding traffic.

   WALL SIGN. A single-faced sign affixed directly to or painted on, or otherwise inscribed on an exterior wall or window of any building, and projecting no more than twelve (12) inches.

   WINDOW SIGN. Any building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass, and is visible from the exterior of the window. Such sign requires no permit and shall not be counted towards the total allowable sign area.

(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)

§ 150.213 PERMITS REQUIRED.

   (A)   Except as herein provided, it shall be unlawful for any person to erect, alter or relocate within the city any sign as defined in this subchapter without first obtaining a permit to do so, and making payment of the permit fee and surcharge.

   (B)   Those persons wishing to maintain or repair signs may do so without a permit when the maintenance does not alter the location or size of the existing sign.

   (C)   Those persons wishing to replace sign components (i.e., sign face(s), structure) may do so after first obtaining a permit. Permits for replacement of sign components shall not be subject to a permit fee or surcharge, so long as the work does not alter the location or size of the existing sign.

(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017) Penalty, see § 150.999

§ 150.214 APPLICATION FOR PERMIT.

   Each application for a permit under this subchapter shall be submitted to the Zoning Administrator, and shall include a permit fee as established by City Council resolution, and surcharge based upon the valuation of the sign. Temporary sign permit applications shall also include a permit fee as established by City Council resolution, but are exempt from the surcharge. Each application shall state or have attached thereto the following information.

   (A)   Name, address, and telephone number of person for whom sign is being erected. Name of person, firm, corporation or association erecting structure.

   (B)   A complete description of the sign and a sketch showing its size, manner of construction and such other information as shall be necessary to inform the Zoning Administrator of the kind, size, material and construction of the sign, including the proposed location of the sign and the location of building, structure or lot to which, or upon which the sign is to be attached or erected.

   (C)   Position of the sign and other advertising structures in relation to nearby buildings or structures, and lighting details.

   (D)   At the request of the Zoning Administrator/Building Official, two (2) drawings of the plans and specifications, and method of construction and attachment to the building or in the ground, any and all additional information as deemed necessary by the Zoning Administrator/Building Inspector.

   (E)   The Zoning Administrator/Building Official may waive requirements for technical information specified above where such information is not necessary to the determination of compliance.

   (F)   If a sign authorized by permit has not been installed within six (6) months after the date of issuance, the permit shall become null and void.

(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013)

§ 150.215 GENERAL PROVISIONS APPLICABLE TO ALL SIGNS.

   (A)   It shall be the responsibility of the permit holder and of the owner and/or lessee of the property and structure upon which any sign is located to:

      (1)   Keep the ground around any sign free of weeds and litter;

      (2)   All signs shall be maintained and kept in a safe condition by the owner. A sign shall be repainted if its paint begins to fade, chip or color;

      (3)   Immediately repair or remove any sign or sign structure which becomes unsafe, in a state of disrepair, insecure or a menace to the public following written notice of such condition from the city;

      (4)   All signs shall comply with maintenance sections of the Minnesota State Building Code as may be amended; and

      (5)   When electrical signs are installed, the installation shall be subject to the State Building Code and/or Electrical Code as may be amended.

   (B)   No sign or sign structure shall be placed on or protrude over the public right-of-way, except wall (maximum protrusion twelve (12) inches), canopy, awning, and marquee signs. Any sign affixed to the top side of a canopy/awning/marquee shall not exceed twelve (12) inches in height. Canopy/awning/marquee structures and signs shall be set back three (3) feet from the curb line. Exception: schools and churches, upon approval of the Public Works Director and Zoning Administrator, may request that the city install a directional sign on a city right-of-way. Sign to be paid for by the church or school. Limit of two (2) per church or school. No face sign shall be larger than two (2) feet, six (6) inches in any dimension, and shall be no more than six and one-quarter (6.25) square feet in area. The bottom of the sign shall be a minimum of seven (7) feet above grade at the curb line, and shall be located so as not to interfere with public roads and street signs and they shall maintain a safe site distance at street intersections. Signs must be properly maintained and may be removed by the Public Works Director if they are damaged or in violation of any part of this zoning code. The cost of sign replacement shall be paid by the church or school.

   (C)   All signs located over public right-of-ways or over public or private access routes shall be located a minimum of eight (8) feet over walking surfaces, and seventeen (17) feet, four (4) inches over vehicle-related access routes.

   (D)   The temporary use of portable signs and similar devices shall require a permit. The permit shall be prominently displayed during the period of validity.

   (E)   All height restrictions on signs shall include height of sign structure, and shall be measured from nearest finished grade.

   (F)   The top edge of a wall sign shall not extend above the mean level of the roof, except where there is a mansard roof, in which case the sign shall then not exceed the height of the mansard.

   (G)   Where a building contains more than one (1) business, the allowable sign area for any single business is its portion of the gross square footage of the building applied as a percentage to the allowable sign area of the entire building.

   (H)   Signs are allowable as an accessory use in all districts except where prohibited by this subchapter.

   (I)   Any business closing its doors for business or permanently going out of business must remove signage within ninety (90) days of the closure of the business.

   (J)   All conforming signs and sign structures not used by a tenant or owner shall be removed by the owner of the premises after six (6) months of non-use.

   (K)   Signage shall be subject to zoning code § 150.013 (Traffic Visibility).

   (L)   A sign shall be allowed as a principal use in the B-2 (General Business) District. This provision shall not include temporary signs as defined and regulated herein.

(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013: Am. Ord. 452, passed 10-17-2017) Penalty, see § 150.999