(A) Noncommercial speech; substitution clause. The owner of any sign which is otherwise allowed by this subchapter may substitute noncommercial copy in lieu of any other noncommercial or 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 noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary.
(B) Nonconforming signs. Nonconforming signs shall be treated like other nonconforming uses as provided in § 153.130 of this code, or as otherwise specified in state statute.
(C) Process and enforcement.
(1) Administration. The provisions of this subchapter shall be administered and enforced by the Zoning Administrator, or their designee who may have other municipal duties. Their duties shall include, but not be limited to:
(a) Determining whether all sign permit applications comply with the terms of this subchapter; and
(b) Conducting site inspections to determine compliance with the terms of this subchapter.
(2) Variances. Any request for variation from the provisions of this subchapter shall be brought under the terms of § 153.150 of this code and applicable Minnesota State Law.
(3) Appeals. Any appeal to a decision made under this subchapter shall be brought under the terms of § 153.147 of this code.
(4) Unlawful signs. Signs placed upon public property, or within the public right-of- way, or in violation of the terms of this section, shall be immediately determined to be abandoned under this section. Abandoned signs shall be subject to removal by the city. Upon removal, the Zoning Administrator, or their designee, shall mark the date of removal of the sign and hold it for 45 days at the city offices. The owner of the sign may collect the sign from the city offices at any point during that time. If the sign is not retrieved within 45 days, the city may destroy the sign.
(D) Violations; separate offense. Each day that the violation continues shall constitute a separate offense. Violations of this subchapter shall be deemed a misdemeanor.
(Ord. 2018-4, passed 8-13-2018)