§ 153.094 PERMIT REQUIRED.
   (A)   Permanent sign permit application. Unless exempted under § 153.095, all persons seeking to place a sign within the city limits and as regulated by the terms of this subchapter shall obtain a permit and pay the fee as set forth in the city's fee schedule at § 153.097. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. The applicant shall first file an application in writing with the City Clerk. Every such application shall include:
      (1)   Names, addresses, and phone numbers of the applicant, owner of the sign and lot, and the contact person from the firm erecting the signage;
      (2)   The address at which any signs are to be erected;
      (3)   The legal description of the property to which the application applies;
      (4)   The street on which any signs are to front;
      (5)   A complete set of plans showing the necessary elevations, distances, size, location on lot and/or on building, all existing signage on the premises, and details to fully and clearly represent the proposed sign request, to include a landscape plan;
      (6)   Identify and describe the work completely, including size, height, location, materials, true colors, and lighting to be used. All applications must include color samples for review. Color rendition and intensity of lighting shall also be indicated;
      (7)   Be accompanied by a site plan with dimensions and specifications sufficient to determine consistency with this and other applicable laws and ordinances;
      (8)   Be signed by the applicant or authorized agent;
      (9)   Provide such other information as may reasonably be required by the city;
      (10)   A photo quality color rendering of all proposed signage showing its dimensions and describing materials, lettering, colors, illumination, and support structure;
      (11)   The cost of the sign;
      (12)   The type of sign (for example, wall sign and the like);
      (13)   Certification by applicant indicating the application complies with all requirements of this subchapter;
      (14)   If the proposed sign is along a state trunk highway or interstate highway, the application shall be accompanied by proof that the applicant has obtained a permit from the state for the sign;
      (15)   All freestanding signs over 7 feet in height must submit construction plans prepared by a design professional licensed in Minnesota that comply with the requirements of the Minnesota State Building Code;
      (16)   Underwriter Laboratories label or inspection label, if an electrical sign;
      (17)   If requested, engineering data showing the structure is designed to accommodate dead load and wind pressure, in any direction;
      (18)   Be accompanied by a fee as established by this code; and
      (19)   Where signs may be integral with architecture, additional design requirements may be addressed in related sections of this code.
   (B)   Permanent sign permit review. The application shall be reviewed by the City Building Official to check compliance with the laws and ordinances under the city's jurisdiction. If the proposed sign is subject to the review and approval of the Planning Commission, and the sign permit application is found to be complete, the City Building Official shall add the sign permit request to the next Planning Commission agenda for review. The following defines the required permit approval process.
      (1)   All permanent sign permit applications shall be reviewed by the Planning Commission.
      (2)   Expiration of permit. Every permit issued by the city under the provisions of this subchapter shall become null and void if the sign or work authorized by such permit is not completed within 1 year from the date the permit is issued. The permit holder may request an extension in writing received by the city within 1 year of issuance of the permit. The City Council shall have the sole discretion to grant extensions for good cause shown.
      (3)   Right to appeal. Any applicant who files an application for a permit and is denied shall have the right to an appeal under § 153.187.
      (4)   Sign removal. Any signs constructed in the city without a permit shall constitute a public nuisance and shall be removed by and at the expense of the owner(s) of the sign. If the owner does not remove such sign(s) within 10 business days of receiving notice of noncompliance for failure to obtain a permit, the City Building Official may seek injunctive relief through a motion for summary enforcement, or obtain an administrative search and seizure warrant for removal of the sign in question. The city shall be entitled to reimbursement of all costs incurred by the city in removing and storing the sign. The city may hold a public or private sale of the sign and equipment supporting the sign at any time or place and on terms that are commercially reasonable, after notifying all persons known to claim an interest in the sign or equipment. In addition, the city may seek collection of all city costs incurred against the owner of the sign in any manner allowed by law.
   (C)   Temporary sign permit requirements. Temporary signs shall conform to the following conditions.
      (1)   The sign may be posted for a maximum of 30 days.
      (2)   Only 1 temporary sign allowed per business at a time.
      (3)   The sign must not be torn, tattered, or faded.
      (4)   The size of the sign may not exceed 48 square feet.
      (5)   Annual license(s) must have been obtained for posting temporary signs for a calendar year.
   (D)   Temporary sign permit application. Unless exempted under § 153.095, all persons seeking to place a temporary sign within the city limits and as regulated by the terms of this subchapter shall obtain an annual permit and pay the fee as set forth in the city's fee schedule at § 153.097. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. The applicant shall first file an application in writing with the City Clerk. Every such application shall include:
      (1)   Names, addresses, and phone numbers of the owner of the sign;
      (2)   The address at which any signs are to be erected;
      (3)   The street on which any signs are to front;
      (4)   A certification by applicant indicating the application complies with all requirements of this subchapter; and
      (5)   If requested, an applicant shall provide:
         (a)   Permission from the property owner(s) to erect the sign; and
         (b)   Evidence the sign has received any required permits for county or state highways.
(Ord. 2018-10-3, passed 10-9-2018)