Loading...
§ 157.008 STANDARDS FOR NONPERMANENT SIGNS.
   (A)   Applicability. Nonpermanent signs are not intended for permanent installation. Nonpermanent signs come in a variety of types, each of which are regulated below. Where not specifically defined, nonpermanent signs shall be regulated per subsection (B), below.
   (B)   General regulations.
      (1)   Location.
         (a)   No nonpermanent sign may be placed in the right-of-way. Exception: bus bench and shelter signs, refer to subsections (C)(2) and (C)(3), below.
         (b)   If attached to a building, sign shall be flat and shall not project above the roof line.
      (2)   Limit. No more than four nonpermanent signs may be placed on a site at any one time.
      (3)   Area. The maximum aggregate area of nonpermanent signs shall not exceed the area standards per § 157.005 (C).
      (4)   Per M.S. § 211B.045, all noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the state general election. The same time limitations shall apply to local elections. Placement of such signs shall adhere to subsections (B)(1)(a) and (b) above.
      (5)   Maintenance. All nonpermanent signs must be maintained and shall be removed if material shows signs of wear such as fraying, fading, chipping, or other physical damage.
   (C)   Specific regulations by type of nonpermanent sign.
      (1)   A-frame (sandwich board).
         (a)   Signs must leave a minimum of six feet of clear walkway on the sidewalk.
         (b)   One sign allowed per business, ten square feet per side, four feet in height.
         (c)   Such signs shall not be left on the sidewalk overnight.
      (2)   Banner sign.
         (a)   Banner signs may extend across a public street only by permission of the governing body and shall be subject to all related laws and ordinances.
         (b)   One sign per property.
         (c)   Signs may be supported by posts or stakes which are attached to the ground or securely attached to the face of a building.
      (3)   Bus bench or shelter sign.
         (a)   Signs may be installed on bus benches and/or shelters within city right-of-way, pursuant to a franchise authorized by the City Council.
         (b)   One sign per bus bench or shelter.
      (4)   Feather sign.
         (a)   Sign shall be set back no less than ten feet from the curb or street.
      (5)   Flag.
         (a)   Sign shall be set back no less than ten feet from the curb or street.
         (b)   The maximum aggregate area of all flag signs shall not exceed 32 square feet.
         (c)   A flagpole shall not exceed a height of 25 feet.
      (6)   Freestanding. The sign shall be set back no less than ten feet from the curb or street. If four square feet or smaller, nonpermanent freestanding signs shall be set back no less than two feet from the curb or street.
      (7)   Window signs.
         (a)   Location. No limit on the location of the sign except as otherwise specified in this Code.
         (b)   Limit. Window signs are limited to one-third of the total surface area of the window to which they are affixed.
(Ord. 806, passed 7-26-2022; Am. Ord. 812, passed 1-17-2023)
§ 157.009 PROHIBITED SIGNS.
   (A)   Prohibited sign types.
      (1)   Billboards.
      (2)   Flashing lights.
      (3)   Inflatable signs.
      (4)   Off-premises signs.
      (5)   Rotating signs.
      (6)   Signs that produce sound or include a noisemaking device or instrument for any purpose other than regulatory.
      (7)   Signs on or attached to mobile equipment where the sign is a principal use of the equipment on either a nonpermanent or permanent basis.
      (8)   Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device, or which hide from view any traffic or street sign or signal or which obstruct the view in any direction at a street or road intersection.
   (B)   Prohibited signs are subject to removal by the city at the owner’s expense.
(Ord. 806, passed 7-26-2022)
§ 157.010 EXEMPTIONS.
   (A)   The following are not regulated by this chapter.
      (1)   Building addresses.
      (2)   Historic plaques.
      (3)   Governmental signs for control of traffic and other regulatory or notification purposes as governed under Manual on Uniform Traffic Control Devices (MUTCD) and Minnesota MUTCD.
      (4)   Murals.
      (5)   Notices required to be posted by law, including, but not limited to warning signs, dangerous dog, hazardous building, building permit, etc.
      (6)   Seasonal decorations, including inflatable seasonal decorations.
      (7)   Sculptures.
(Ord. 806, passed 7-26-2022)
§ 157.011 NONCONFORMING SIGNS.
   (A)   A NONCONFORMING SIGN is any sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this chapter. It is the intent of this chapter to recognize that the eventual elimination of signs that do not comply with the provisions of this chapter is as important as the prohibition of new signs that would violate these standards.
   (B)   General requirements. A nonconforming sign may not be:
      (1)   Changed to another nonconforming sign.
      (2)   Expanded.
      (3)   Reestablished after a business discontinued for more than one year.
      (4)   Reestablished after damage or destruction of more than 50% of its value, as determined by the Building Official, and no building permit has been applied for within 180 days of when the damage occurred.
   (C)   Amortization. After the date of enactment of this chapter, nonconforming signs located within any zoning district shall be brought into compliance with this chapter if said sign is to be expanded.
   (D)   Maintenance and repair. Non-conforming signs and sign structures may be maintained and repaired.
(Ord. 806, passed 7-26-2022)
§ 157.012 ABANDONED SIGNS.
   An ABANDONED SIGN is a sign that has been inactive for a period of at least one year. An abandoned sign shall be removed by the owner or lessee of the premises upon which the sign is located when the activity related to said sign is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Zoning Administrator shall give the owner 30 days written notice to remove it. Upon failure to comply with the notice, the Zoning Administrator may have the sign removed at the owner’s expense.
(Ord. 806, passed 7-26-2022)
§ 157.013 ENFORCEMENT.
   The provisions of this chapter shall be enforced and administered in accordance with the provisions of the Zoning Code.
(Ord. 806, passed 7-26-2022)
§ 157.014 VARIANCES.
   The city may grant a variance to provide relief to a property owner when the strict enforcement of the regulations for sign size, setbacks, height, and the like imposes practical difficulty on the property owner’s ability to reasonably display a message. Financial considerations are not justification for variances. The procedure for reviewing a variance shall follow that process outlined for zoning variances in § 154.004 (E).
(Ord. 806, passed 7-26-2022)
§ 157.015 SUBSTITUTION CLAUSE.
   Any sign allowed under this section may contain, in lieu of any other message or copy, any lawful noncommercial message or copy.
(Ord. 806, passed 7-26-2022)
§ 157.016 SEVERABILITY.
   If any section, subsection, paragraph, sentence, clause or phrase of this section or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court or competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this section or its application to any other person or situation.
(Ord. 806, passed 7-26-2022)