(A) Administration.
(1) Permit required.
(a) No class C sign, nor any other class of sign whose highest attached part is greater than six feet above the grade directly beneath the highest point, nor any sign exceeding six square feet in sign face area, except as otherwise specified herein, shall be erected, altered, reconstructed, maintained, or moved into or within the city without first securing a sign permit from the city. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit, except to determine whether it is an off-premise sign based on its location. Applications for a permit may be for specific signs or may be in the form of an overall signage plan for the property. They shall be in writing on a form provided by the city. Permit applications shall be reviewed by the Zoning Administrator or their designee.
(b) The Zoning Administrator, or their designee, shall approve or deny the sign permit application in a manner consistent with the time lines required in M.S. § 15.99, or successor statute.
(c) Nothing in this section shall be construed or considered to exempt signs or structures from permit requirements contained in the Minnesota State Building Code.
(2) Permit application.
(a) Required information. Applications for a sign permit shall, at a minimum, include the following items:
1. Names, addresses, and signatures of the applicant, owners of the sign, and fee owner of the property upon which the sign is to be erected;
2. The address at which any sign is to be erected;
3. The legal description and Property Identification Number of the property or site upon which the signs are to be erected, and the street on which it fronts;
4. A complete set of plans showing the necessary elevations, distances, size, and details to fully and clearly represent the construction and placement of the sign and existing signs on the property;
5. All materials and information required to be provided to the city pursuant to the Minnesota State Building Code, if applicable;
6. The value of the sign;
7. The dimensions of the structure upon which the sign will be affixed, including a site drawing showing the scale of the structure;
8. The type of sign (for example, wall sign, monument, mural, and the like);
9. If the proposed sign is along a state trunk highway, county road, or interstate highway, the applicant may be required to provide proof that the applicant has obtained any necessary approvals from the responsible units of government for the sign; and
10. If the application includes class C signage, the dates the permit is requested to be in effect.
(b) For the purposes of the permit, all of the parties required to sign under division (A)(2)(a) of this section shall be considered joint applicants. All requirements of this section, including the ongoing maintenance for any sign erected within the city, shall be the joint and severable responsibility of the applicant(s).
(3) Permit exemptions. The following signs shall be exempt from the permit application requirements of this section. These exemptions, however, shall not be construed as relieving the owner of the sign from responsibility for its erection and ongoing maintenance, and its compliance with the provisions of this subchapter, or any other law or ordinance relating to maintenance, repair, and removal. The following signs are exempt from the requirement of obtaining a permit:
(a) Individual signs not exceeding one-half square feet in any zoning district. Such signage shall not be counted against any overall square footage requirement applicable to a property;
(b) Individual signs in the R-1, R-2, CBD, C2-N, C2-S, and M zoning districts, or located on public property with the approval of the appropriate public agency or body, which are:
1. Not greater than three square feet in size and with any letters or numbers not greater than six inches in height; or
2. Not greater than six square feet in size and with any letters or numbers not greater than three inches in height;
(c) Signs erected within a public right-of-way that are approved by the appropriate governmental agency with authority over the right-of-way. Such signage shall not be counted against any overall square footage requirement applicable to a property;
(d) The changing of the display surface or sign face on a previously approved and erected sign or complete replacement of a sign when such change or replacement would be consistent with a previously issued permit or a sign considered to be a legal nonconformity and would not require compliance with applicable building codes, unless such sign is an abandoned sign pursuant to the terms of this subchapter;
(e) Flags and pennants, subject to the following (any flags in excess of these amounts shall be regulated as a sign);
Zoning District |
Maximum Size, Any 1 Flag or Display of Pennants
|
Maximum Size, Cumulative Per Site
|
CBD | 250 square feet | 300 square feet |
C2-N, C2-S, M | 250 square feet | 600 square feet |
R-1, R-2 | 40 square feet | 50 square feet |
PI | No max | No max |
(f) Interior signs;
(g) Signs which do not meet the exemptions provided in divisions (A)(3)(a), (A)(3)(b), or (A)(3)(f), and are integrally attached to or part of:
1. Waste roll-offs, dumpsters, garbage cans, portable storage units, or other similar equipment owned and maintained by a commercial business for the purpose of waste collection or temporary storage; or
2. Construction materials or equipment;
(h) Personal property or motor vehicles such as, but not limited to, passenger vehicles, snowmobiles, all-terrain vehicles, trucks, semi-tractors and trailers, recreational vehicles, fish houses, boats, boat lifts, and trailers; when the vehicle or personal property is being used in the normal day to day operation of that business, 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;
(i) Signs which are affixed on city-owned property or equipment, which have been approved by the city council or the Zoning Administrator, or their designee;
(j) Signs which are affixed on property owned by a county, state, or federal governmental body or a public school district unless specifically prohibited by this section;
(k) Signs required by law;
(l) Headstones, gravestones, grave markers, or other similar signs attached to, or adjacent to, a burial plot, columbarium, mausoleum, or the like; and
(m) Seasonal, holiday, or festive decoration in residential districts.
(4) Fees. Sign permit fees shall be established by resolution or ordinance of the City Council.
(5) Repairs and removal. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or lessee of the property in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds. Signs which may be or may hereafter become rotted, unsafe, or unsightly shall be repaired or removed by the owner or lessee of the property upon which the sign stands upon reasonable notice by the city. Any sign which is not removed upon notice provided for under this section shall be subject to the removal provisions under § 153.094(C) of this code.
(6) Expiration. A sign permit shall expire if the work has not been substantially initiated within 180 days and substantially completed within one year of the date of the permit's issuance.
(7) Revocation. The Zoning Administrator or designee is hereby authorized and empowered to revoke any permit upon failure of the holder to comply with any provision of this code or with the terms of the permit at the time of its issuance. A permit holder may appeal a decision to revoke a permit pursuant to the process set forth in § 153.147. The revocation will be stayed pending a decision on an appeal.
(8) Permits for class C signage. Class C sign permits shall be available with the following restrictions.
(a) Permits shall be available at the frequency of three permits per property in any calendar year.
(b) Each permit shall be valid for seven or fewer consecutive calendar days.
(c) Proof of each permit shall be prominently displayed, at the same location as the permitted sign, during the period of the permit's validity.
(B) General provisions.
(1) Size. No individual sign shall exceed 150 square feet in area. All signs on the property shall be included in the square footage measurement with the exception of signs otherwise exempted by this subchapter.
(2) Placement.
(a) Moveable signs including, but not limited to, sandwich board signs and feather banners, shall not be placed in the public right-of-way, except as an outside display area allowed by § 153.054. Moveable signs shall not be permanently affixed to any structure, and moveable signs in the right-of-way may only be displayed during the hours that the principal use is open for business.
(b) Window signs shall not be placed so as to occupy more than 25% of the window space of the frontage displaying the sign(s).
(3) Regulations.
(a) General.
1. Except as hereinafter provided, no sign shall be erected or maintained at any angle to a building or structure which extends over a property line, street, alley, sidewalk, highway, utility easement, or other public property.
2. Overhang signs. Buildings that are permitted to be constructed with no setback from property lines are permitted to have mounted signs that overhang 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.
(b) Electronic message display (EMD) signs. Properties where an EMD is permitted may only construct or modify an EMD under a conditional use permit identifying the EMD as an approved conditional use.
(c) Sandwich board signs. The number of sandwich board signs is limited to one per principal entrance.
(4) Electrical signs. Electrical signs must be installed in accordance with the current Electrical Code and all necessary electrical and building permits must be obtained prior to placement.
(5) Signs prohibited in all zoning districts. The following signs are prohibited signs in all districts and areas within the city:
(a) 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 signal, or which attempts to direct the movement of traffic, or which, in the discretion of the Zoning Administrator, hides from view or interferes with the effectiveness of any official traffic control device, roadway, intersection, or any railroad sign or signal. This section does not include signs, signals, markings, or devices which are installed and maintained by or under agreement with a unit of government;
(b) Abandoned signs;
(c) Roof signs;
(d) Signs painted, attached, engraved, etched, or in any other manner affixed to public utility poles, bridges, towers, streetlights, or similar public structures except as otherwise provided herein;
(e) Any sign larger than three square feet which is animated, or which moves or rotates, including animated signs and flashing signs, but excluding class C signage as permitted by this subchapter.
(6) Setbacks. Freestanding signs shall conform to building setback regulations for the zoning district in which the signs are located, except as otherwise specified in this section. Setbacks shall be measured to the outermost portion of the sign.
R-1 | R-2 | CBD | C2-N, C2-S, M | PI | |
Front yard setback | 1 foot | 5 feet | 2 feet | 10 feet | 0 feet |
Side yard setback | 10 feet | 5 feet | 2 feet | 5 feet | 0 feet |
Rear yard setback | 10 feet | 5 feet | 2 feet | 5 feet | 0 feet |
Rear/side yard setback abutting R district | Not applicable | 10 feet | 10 feet | 10 feet | 10 feet |
(7) Area. The area within the frame shall be used to calculate the square footage except that the width of a frame exceeding six inches shall constitute sign face, and if such letters or graphics be mounted directly on a wall or fascia or in such way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six inches beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof, unless exact dimensions can be provided by the applicant. Symbols, pictures, wording, figures, or other forms of graphics painted on or attached to walls, awnings, freestanding structures, or suspended by balloons or inflated signs, are considered a sign and are included in calculating the overall square footage. The area of a sign with more than one visible sign face will be calculated as the sum of the area of each sign face divided by two.
(8) Illumination. External illumination for signs shall be constructed and maintained so that the source of light is not visible from the public right-of-way or residential property.
(9) Retroactive effect. This section shall apply to all sign applications made but not yet issued prior to its effective date.
(10) Noncommercial speech. Notwithstanding any other provisions of this section, the noncommercial speech exemption provided by M.S. § 211B.045 (or successor statute), is hereby incorporated by reference.
(Ord. 2018-4, passed 8-13-2018)