§ 153.091 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONED SIGN. Any SIGN and/or its supporting sign structure, which has been removed or whose display surface remains blank for a period of one year or more, or any SIGN which has been erected in violation of this code. SIGNS applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any SIGN remaining after demolition of a principal structure shall be deemed to be abandoned. Any SIGN meeting this definition shall be considered abandoned even if the SIGN is legally non-conforming or authorized pursuant to a conditional use permit or variance.
   ANIMATED SIGN. A SIGN that has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, oscillate, or visibly alter in appearance in a manner that is not permitted by these regulations. ANIMATED SIGNS do not inherently include ELECTRONIC MESSAGE DISPLAY SIGNS, although it is possible that electronic message display signs be used or programmed as ANIMATED SIGNS.
   ATTACHED SIGN. Any SIGN that lacks a supporting framework and is therefore attached or anchored to any BUILDING or other STRUCTURE; any SIGN that is not a FREESTANDING SIGN.
   AWNING. A roof-like cover, often of fabric, plastic, metal, or glass, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an AWNING, which also projects over a door, shall be counted as an AWNING.
   AWNING SIGN. A SIGN printed on or in some fashion attached directly to the AWNING material.
   BANNER. A SIGN constructed of cloth, paper, plastic, or other material upon which copy is written and supported, either between poles or fastened to buildings or other structures, and that is supported or anchored on two or more edges or at three or more corners. BANNERS also include such SIGNS which are supported by an internal frame (such as an umbrella) or are anchored along one edge or two corners, with weights or supports installed that substantially reduce the reaction of the SIGN to wind.
   BENCH SIGN. A SIGN located on any part of the surface of a bench or a similar type of outdoor furniture or seating, usually placed on or adjacent to a PUBLIC RIGHT-OF-WAY.
   BUILDING. Any STRUCTURE intended for the shelter, support, or enclosure of persons, animals, or property of any kind; where separated by party walls without openings, each portion of such STRUCTURE is considered a separate BUILDING.
   BUILDING SIGN. Any SIGN attached to or supported by any BUILDING.
   BUSINESS. Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.
   CENTRAL BUSINESS DISTRICT or CBD. The CBD zoning district within the city as identified in the City's Zoning Code and on the City of Osseo's Official Zoning Map.
   CLASS A SIGNAGE. Durable and permanent SIGNS including:
      (1)   Any SIGN that requires a building or electrical permit to install; and
      (2)   SIGNS constructed from wood, plastic, metal, concrete, or other durable, weather-proof materials, with a weather-proof display area; and not otherwise specified as CLASS B or CLASS C SIGNS.
   CLASS B SIGNAGE. Non-durable, impermanent SIGNS including:
      (1)   DEMOUNTABLE LETTER SIGNS;
      (2)   MOVEABLE SIGNS;
      (3)   BANNERS;
      (4)   Other SIGNS not constructed from durable, weather-proof materials; and
      (5)   Other SIGNS, which, due to design, material, and installation method are temporary in nature. This includes SIGNS not displayed or intended to be displayed for a length of 30 days or longer.
   CLASS C SIGNAGE.
      (1)   Obtrusive, impermanent, moving, or otherwise dynamic SIGNS including:
         (a)   INFLATED SIGNS;
         (b)   FEATHER BANNERS;
         (c)   PENNANT SIGNS;
         (d)   PORTABLE TRAILERED SIGNS; and
         (e)   SHIMMERING SIGNS;
      (2)   But excluding INTERIOR SIGNS of all types.
   COMMERCIAL SPEECH. Speech advertising a business, profession, commodity, service, or entertainment.
   CUMULATIVE MAXIMUM SIGN AREA (CMSA). The total maximum sign area which is allowed on any individual property within the city, and for the proportion of CLASS A, CLASS B, and CLASS C SIGNS as herein defined. Regardless of the allowance for signage in any class, no property, including those with a NONCONFORMING SIGN, may exceed its overall CUMULATIVE MAXIMUM SIGN AREA.
   DEMOUNTABLE LETTER SIGN. A SIGN with individual letters, numbers, and symbols, but not entire words or phrases, which may be manually removed and replaced on a track or other mounting hardware on the sign. Also commonly known and referred to as a changeable letter sign or arrow sign, although a DEMOUNTABLE LETTER SIGN need not include an arrow.
   DISPLAY SURFACE. The area of an ELECTRONIC MESSAGE DISPLAY made available by the sign structure for the purpose of displaying the advertising or other commercial or noncommercial message.
   ELECTRICAL SIGN. A SIGN that is powered by electricity.
   ELECTRONIC MESSAGE DISPLAY (EMD). A single SIGN with up to two faces, capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means.
   ERECT. Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing, engraving, or any other way of bringing a SIGN into being or establishment.
   EXTERIOR SIGN. A SIGN located on the outside of a BUILDING, STRUCTURE, or outdoor display area, or located on the interior of a BUILDING, but which is primarily intended to be viewed from the exterior of the BUILDING.
   FEATHER BANNER. A type of elongated BANNER and freestanding temporary sign typically made of a flexible fabric or similar material attached to a long rigid pole in the general shape of a feather, teardrop, or similar shape, not to exceed 28 square feet in total area. The definition includes functionally similar display devices. Also commonly known and referred to as a banana banner or teardrop banner.
   FLAG. Any fabric or similar lightweight material attached at one edge or no more than two corners of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes, and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices or text. If any dimension of a FLAG is more than three times as long as any other dimension, it shall be regulated as a BANNER for the purposes of this subchapter.
   FLASHING SIGN. A type of ANIMATED SIGN. A directly or indirectly illuminated SIGN which exhibits changing light or color effect by any means so as to provide intermittent illumination or which includes the illusion of intermittent flashing light by means of animation or any other mode of lighting, which may include, but is not limited to, zooming, twinkling, or sparkling.
   FREESTANDING SIGN. Any SIGN which has supporting framework that is placed on or anchored in the ground and which is independent from any BUILDING or other STRUCTURE.
   FRONT FOOT. The measurement of the frontage of a PROPERTY abutting a public street. In cases where a PROPERTY abuts multiple public streets, the longest side will be used in determining the FRONT FOOT for a lot.
   FRONTAGE. The line of contact of a PROPERTY with the PUBLIC RIGHT-OF-WAY or private street.
   GRADE. The final ground elevation surrounding the base of a STRUCTURE or SIGN. Earth mounding for landscaping, berming, and/or screening is not part of the final GRADE for sign height computation.
   HEIGHT OF SIGN. For FREESTANDING SIGNS, the HEIGHT OF THE SIGN shall be the vertical distance measured from the base of the SIGN at average GRADE, to the top of the highest attached component of the SIGN. For SIGNS attached to BUILDINGS, the height shall be the vertical distance from the lowest attached component of the SIGN to the highest attached component.
   HIGHWAY COMMERCIAL DISTRICTS. The C2-North (C2-N) and C2-South (C2-S) zoning districts within the city as identified in the City's Zoning Code and on the City of Osseo's Official Zoning Map.
   ILLUMINATED SIGN. Any SIGN illuminated by a source of light which is directly cast upon the exterior surface or face of the SIGN and intended to illuminate the SIGN by reflection, or which is illuminated from within or behind the SIGN so as to reflect or emanate light through the SIGN.
   INFLATED SIGN. A SIGN consisting of a bag made of lightweight material supported by helium, hot, or pressurized air, which is secured to the ground or a STRUCTURE in some fashion, and which is greater than 18 inches in diameter.
   INTERIOR SIGN. A SIGN which is located within the interior of any BUILDING or within an enclosed lobby or court of any BUILDING and which is primarily intended to be viewed from the interior of the BUILDING.
   MANUFACTURING AND INDUSTRIAL DISTRICT. The M zoning district within the city as identified in the City's Zoning Code and on the City of Osseo's Official Zoning Map.
   MONUMENT SIGN. Any FREESTANDING SIGN with its SIGN FACE mounted on the ground or mounted on a base, subject to the height limitations of the zoning district in which it is located.
   MOVEABLE SIGN. A temporary SIGN, made of vinyl, paper, cloth or fabric, corrugated plastic, cardboard, plywood, or similar material, including SIGNS with wood or wire framing, posts, or stakes, supported by the ground but not permanently attached to the ground, which can be regularly moved from a location at periodic intervals, and which has a total height not exceeding four feet and a total area not exceeding six square feet. The term includes SANDWICH BOARD SIGNS. The term does not include BANNERS. A MOVABLE SIGN is not considered to be a PORTABLE TRAILERED SIGN.
   MURAL. An image painted or applied on the exterior of a BUILDING wall or other permanent STRUCTURE and for which no more than 5% of the total area covered by the MURAL, or 100 square feet (whichever is less), consists of text.
   NONCOMMERCIAL SPEECH. Speech not defined as COMMERCIAL SPEECH which includes, but is not limited to, speech concerning political, religious, social, ideological, public service, and informational topics.
   NONCONFORMING SIGN. A SIGN which was lawful at the time of its construction but does not now conform to this subchapter.
   OFF-PREMISE SIGN. A COMMERCIAL SPEECH SIGN which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same PROPERTY where such SIGN is located.
   OVERHANG SIGN. A SIGN that overhangs sidewalk rights-of-way a maximum of one and one-half feet, with a minimum clearance of eight feet between the bottom of the OVERHANG SIGN and the sidewalk surface.
   PENNANTS. Pieces of cloth, paper, plastic, or similar material intended to be individually supported or attached to each other by means of rope, string, or other material and intended to be hung on BUILDINGS or other STRUCTURES or between poles, and does not include any written material, graphic, or other form of copy.
   PENNANT SIGN. A display of PENNANTS on one PROPERTY that exceed the sizes specified by § 153.092(A)(3)(e).
   PORTABLE TRAILERED SIGN. Any SIGN which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another SIGN or attached temporarily or permanently to the ground. A SIGN mounted on a vehicle identifying a business when the vehicle is being used in the normal day to day operation of that business is not subject to the regulations set forth in this section, provided the vehicle is in operable condition, carrying a current, valid license tag, and the vehicle does not remain parked at the same location for 48 continuous hours. BANNERS, MOVABLE SIGNS, PENANTS, PENANT SIGNS, and SANDWICH BOARD SIGNS shall not be considered PORTABLE TRAILERED SIGNS for the purpose of this subchapter.
   PRINCIPAL BUILDING. The BUILDING in which the principal use of the PROPERTY or site occurs. BUILDINGS with multiple principal uses shall not constitute multiple PRINCIPAL BUILDINGS but shall be considered a single BUILDING. Storage buildings, garages, and other clearly accessory buildings shall not be considered PRINCIPAL BUILDINGS.
   PRINCIPAL ENTRANCE. The main public doorways, lobby, or access leading or entering into a building or structure. A PROPERTY with multiple PRINCIPAL BUILDINGS or a building with multiple tenants may have more than one PRINCIPAL ENTRANCE.
   PROPERTY. Any lot or parcel of land which has been legally created and has been assigned a separate parcel identification number. If a lot or parcel of land falls under the provisions of § 153.131(B), all the lands involved shall constitute a single PROPERTY.
   PUBLIC RIGHT-OF-WAY. The right-of-way for a public roadway, sidewalk, or alley.
   PYLON SIGN. Any freestanding SIGN which has its supportive structure(s) anchored in the ground and which has a SIGN FACE elevated above ground level by pole(s) or beam(s) more than eight feet and with the area below the SIGN FACE open.
   RESIDENTIAL DISTRICT. The R-1 and R-2 zoning districts within the city as identified in the City's Zoning Code and on the City of Osseo's Official Zoning Map.
   RESIDENTIAL PROPERTY. Real property, consisting of one or more lots or parcels, on which a residential dwelling and/or any of its associated accessory BUILDINGS or STRUCTURES are located.
   ROOF. The exterior surface and its supporting structure on the top of a BUILDING or STRUCTURE, the makeup of which conforms to the roof structures, roof construction, and roof covering sections of the State Building Code.
   ROOF SIGN. Any SIGN erected and constructed wholly on or above the ROOF or parapet of a BUILDING or STRUCTURE and which is supported by the roof structure.
   SANDWICH BOARD SIGN. A type of MOVEABLE SIGN that is a freestanding, self-supporting SIGN hinged at the top, or attached in a way that forms a shape similar to the letter "A" when viewed from the side, also commonly known and referred to as an A-frame sign or a springboard sign.
   SEASONAL, HOLIDAY, and FESTIVE DECORATION.  HOLIDAY or FESTIVE shall mean a calendar date or dates associated with a specific event or season including, but not limited to, New Year's Day, Martin Luther King Jr. Day, Valentine's Day, Passover, Holi, Ramadan, Easter, Memorial Day, Independence Day, Labor Day, Halloween, Thanksgiving, Hanukah, Christmas, Kwanza; DECORATION shall mean ornaments, figures, statutes, inflatable characters, seasonal lighting, and related products that are placed on a property for a temporary period of time in observance of a holiday or festival.
   SETBACK, FRONT. The minimum horizontal distance permitted between the property line abutting the PUBLIC RIGHT-OF-WAY or private street and a STRUCTURE on the premises. In instances in which a PROPERTY fronts on more than one street, FRONT SETBACKS are required on all street FRONTAGES.
   SETBACK, REAR. The minimum horizontal distance permitted between the PROPERTY line opposite the front of the lot and a STRUCTURE on the premises.
   SETBACK, SIDE. The minimum horizontal distance permitted between the PROPERTY line on a side of the lot and a STRUCTURE on the premises.
   SHIMMERING SIGN. A type of ANIMATED SIGN which reflects an oscillating or sometimes distorted visual image.
   SIGN. Any letter, word or symbol, poster, picture, reading matter, or representation in the nature of advertisement, announcement, message, or visual communication, other than a FLAG or MURAL as defined in this section, whether painted, posted, printed, affixed, engraved, or constructed, including all associated brackets, braces, supports, wires, and structures, which is displayed for informational or communicative purposes. This definition shall also include FLAGS that exceed the sizes specified by § 153.092(A)(3)(e). The definition of SIGN in this section supersedes any other definition of SIGN contained in the City's Zoning Code.
   SIGN FACE. The surface of a SIGN upon, against, or through which the message of the SIGN is exhibited.
   SITE. A plot or parcel of land, or combination of contiguous lots or parcels of land, which are intended, designated, and/or approved to function as an integrated unit.
   STRUCTURE. Any physical element which has been constructed and which is capable of supporting a SIGN. STRUCTURES include, but are not limited to, BUILDINGS, fences, poles, and posts.
   TOTAL SITE SIGNAGE. The maximum combined area of all SIGNS allowed on a specific PROPERTY or SITE.
   UNDEVELOPED LOT. A PROPERTY where no commercial BUILDING and no residential dwelling and/or any of its associated accessory BUILDINGS or STRUCTURES are located.
   VISIBLE. Capable of being seen by a person of normal visual acuity, whether legible or not, without visual aid.
   WALL. Any STRUCTURE which defines the exterior boundaries or courts of a BUILDING or STRUCTURE and which has a slope of 60° or greater with the horizontal plane.
   WALL SIGN. Any BUILDING SIGN attached parallel to, painted on the surface of, or erected on, and confined within the limits of, an outside wall of any BUILDING or STRUCTURE, which is supported by such WALL or BUILDING, and which displays only one SIGN surface.
   WINDOW SIGN. A SIGN affixed to or inside of a window in view of the general public. This does not include merchandise on display.
(Ord. 2018-4, passed 8-13-2018)