(A) Purpose. It is hereby found and declared that in the interest of and to promote the general welfare of the people and to conserve the natural beauty of the unincorporated rural areas of the county that it is necessary to reasonably and effectively regulate and control the erection or maintenance of signs. The objectives of this section include preserving the right of free speech and expression, providing easy and pleasant communication between people and their surroundings, and avoiding excessive levels of visual clutter and distraction that are potentially harmful to traffic and pedestrian safety, property values, business opportunities, or community appearance.
(B) Signs conform with this chapter. All signs hereafter erected or maintained shall conform with the provisions of this chapter.
(C) General provisions.
(1) Sign types.
(a) Canopy. A protective roof like covering, made of canvas or similar fabric, mounted on a frame over a walkway, door or window of a building.
(b) Wall. A painted or non-painted sign affixed on the side of a building.
(c) Monument. A ground sign having a solid appearance and a generally low profile. Must be attached to a proportionate enclosed base (50% minimum). The sign may be constructed with stone, concrete, metal, routed wood planks or beams, or similar materials which harmonize with the establishment it serves. The sign base area shall not exceed the actual sign face area by 10%.
(d) Pole/pylon. A freestanding sign that is suspended by no more than three metal, wood or concrete poles.
(e) Window. A painted or freestanding sign placed in or on a window of a business.
(f) Billboard. Any sign that exceeds 96 square feet in surface area.
(2) Permit required. All signs, unless otherwise noted, shall require a permit.
(3) Sign illumination.
(a) The light from any illuminated sign or from any light source, including interior of a building, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing premises, nor adversely affect safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Light shall not shine or reflect in or into residential structures. Where a sign is illuminated, the source of light shall not shine upon any part of a single residential district.
(b) No signs shall have blinking, flashing or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color, or which are so constructed and operated as to create an appearance or illusion of writing or printing. No signs should have flashing or rotating signs resembling emergency vehicles.
(4) Message substitution. Subject to the land owner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message, or for any duly permitted or allowed noncommercial message; provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. 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 does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.
(5) Severability. The invalidation of any section, subsection, clause, word, or phrase of this chapter, or of any definition in this chapter of any word or phrase used in this chapter, by any court of competent jurisdiction shall not affect the validity of the remaining portions of this chapter.
(D) Signs in the S-2 Residential-Recreational Shorelands District, S-3 Commercial Recreation Shorelands, W/S Wild and Scenic, A/R Agricultural-Residential, AG General Agriculture District and R-1, R-2, R-2a and R-3 Residential Districts. In S-2, S-3, W/R, A/R, AG and R-1, R-2, R-2a and R-3 Districts, no sign shall be erected, except as follows:
(1) One sign, not to exceed 35 square feet in surface area and not more than 15 feet in height above the average grade shall be allowed on a parcel with an active agricultural, horticultural, forestry or nursery operation, or seasonal produce stand, or has a valid conditional or interim use permit. No property will be permitted more than one sign under this provision. It may be illuminated, but not flashing; and
(2) One canopy, window, or wall sign, which shall not exceed 35 square feet in surface area or the height of the building, for a parcel with an active agricultural, horticultural, forestry or nursery operation, or seasonal produce stand, or has a valid conditional or interim use permit. This can be in addition to the sign allowed under division (D)(1), above.
(3) Signs, located on the premises, for allowed conditional or interim uses, subject to the following provisions:
(a) No sign shall be erected within 30 feet of the road right-of-way; and
(b) No sign shall be erected within ten feet of any abutting property line.
(E) Signs in B-1 Highway Service, B-2 General Business and I-1 Limited Industry Districts. In B-1, B-2 and I-1 Districts, no sign shall be erected, except as follows:
(1) Signs, located on premises, shall comply with the following provisions:
(a) No more than one pole/pylon or monument sign located on the premises. The surface area cannot exceed 96 square feet. Signs permitted under this section are limited to a height not to exceed the permitted building height of the tallest structure on the property. It may be illuminated, but not flashing.
(b) In addition to division (E)(1)(a), above, each parcel of property is allowed:
1. One canopy, window, or wall sign which shall not exceed 10% of the surface area of the front facade.
2.
For a property that includes a drive-through window, two additional signs, one no larger than ten square feet in surface area and 48 inches in height and located at least ten feet from a property line and at least six feet from a curb cut, and the second no larger than 30 square feet in surface area and facing the drive-through lane.
3. For a property (other than one including a drive-through window) that includes one or more lanes limited to one-way traffic, one additional sign, no larger than ten square feet in surface area and 48 inches in height and located at least ten feet from a property line and at least six feet from a curb cut.
(2) Parcels of property abutting US Highway 12, State Highway 55, and Interstate Highway 94 shall be permitted to construct one pole/pylon sign or monument sign that is in excess of the permitted building height, provided the sign is not in excess of 50 feet in height above the average grade. Signs permitted under this section shall not exceed 96 square feet in surface area for each conditional or interim use and shall not exceed 300 square feet in total surface area for all signs.
(3) All signs shall meet the following restrictions and setbacks:
(a) No sign shall be erected within ten feet of any abutting property line.
(b) No sign shall be erected within 30 feet of the road right of way.
(F) Signs in other zoning districts. All signs shall be prohibited in any zoning district which is not specifically listed in divisions (D), (E), and (G) except for signs which are classified as exempt under division (H).
(G) Billboards.
(1) Billboards are only permitted to be placed on property directly abutting U.S. Highway 12, State Highway 55, and Interstate Highway 94 in the B-1, B-2 and I-1 Districts.
(2) Billboards shall not exceed a maximum total surface area of 672 square feet per side, including any extensions, with a maximum of two sides. Billboards may not be stacked vertically.
(3) The height of the top edge of a billboard cannot exceed 40 feet above existing grade of the sign site with a minimum ground clearance of ten feet.
(4) No billboard shall be erected within 100 feet of any abutting property line in a district where billboards are prohibited. Otherwise, billboards shall meet the same side and rear setback as any other building or structure in that district.
(5) No billboard shall be permitted within ten feet of the right-of-way of any street or road.
(6) No billboard shall be located within a radius of 660 feet of any existing billboard.
(7) No billboard shall be located within 300 feet of a dwelling, at grade intersection of two or more roads, or at grade intersection of any road and a railroad.
(8) Billboards shall be a freestanding signboard located on or off premise.
(H) Exempt signs. Unless prohibited in division (I), the following signs shall be authorized in all zoning districts and shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this chapter or any other law or ordinance regulating the same.
(1) Any sign owned or maintained by a governmental entity.
(2) The changing of the display surface on a previously approved painted or printed sign.
(3) One sign six square feet or less in size and no more than five feet in height per property.
(4) Non-commercial signs beginning 46 days before the state primary in a state general election year until ten days following the state general election.
(5) When the date of a local, municipal, county, township, or school election does not correspond with the state primary or state general election, non-commercial signs may be erected, within the jurisdiction conducting the election, and maintained beginning 46 days before any scheduled primary or general election until ten days following the general election.
(6) Each newly platted subdivision or development shall be allowed one sign at each entrance of the subdivision or plat. Each sign shall not exceed 96 square feet in surface area and no more than 15 feet in height. Each sign shall be allowed for one year after the recording of the plat, or for 30 days after the last property or parcel in the plat is sold or transferred, whichever is later.
(7) Every parcel of property is entitled to additional signs totaling but not exceeding 12 square feet in surface area and no more than five feet in height while the parcel of property is actively being marketed for sale or rent.
(8) Every parcel of property shall be entitled to one sign no more than 120 square inches in surface area to be placed in all of the following locations:
(a) On the front of a residence;
(b) On each side of an authorized United States Postal Service mailbox;
(c) On one post which measures no more than 48 inches in height and four inches in width.
(9) Every parcel of property is entitled to additional signs totaling, but not exceeding, 24 square feet in surface area and no more than 15 feet in height when there is an event at the subject property and not posted for more than 28 days.
(10) Every parcel of property is entitled to additional, unilluminated signs, to be used during the construction of a building, and which in total are not to exceed 12 square feet each in surface area and are no more than 15 feet in height. Said signs shall be removed within six months from the start of construction.
(11) In the interest of safe traffic flow, every parcel of property is entitled to additional signs totaling, but not exceeding, 24 square feet in surface area and no more than 15 feet in height.
(I) Signs prohibited.
(1) Flashing or rotating signs resembling emergency vehicles, official traffic control devices not owned by a public body, or railroad signs or signals not owned by a railroad or a public body, shall not be permitted in any district.
(2) Dynamic signs shall not be permitted in any district.
(3) No sign shall be permitted to obstruct any door, fire escape, stairway or other opening intended to provide light, air, ingress or egress of any building or structure.
(4) No sign shall be placed that resembles any official marker erected by a governmental agency.
(5) Signs shall not be permitted within public right-of-way or easements except for signs allowed under division (H)(1) and division (H)(8)(b).
(6) Abandoned signs shall be removed by the owner or lessee of the premises upon which the sign is located. If the owner or lessee fails to remove the sign, the Zoning Administrator shall remove it in accordance with division (K)(3) below. These removal provisions shall not apply where a succeeding owner or lessee has a valid conditional or interim use permit and agrees to maintain the signs as provided in this chapter or changes copy on the signs in accord with a valid conditional or interim use permit and provided the signs comply with the other provisions of this chapter.
(7) Any sign which becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety must be taken down and removed by the owner, agent, or person having the beneficial use of the building, structure or land upon which the sign is located.
(8) Unless otherwise noted, no sign shall be placed on public street/traffic signs, utility poles or public property. Signs in violation of this division may be removed by county personnel at their discretion, without advance notice to the sign owner.
(9) Any other structure, banner, balloon, trailer, building, portable device or anything visible from a public road which is used as a sign is prohibited unless specifically authorized by this chapter.
(J) Permits and fees.
(1) The property owner or other persons having control of signs subject to the requirements of this chapter shall be responsible to see that the regulations contained herein are followed.
(2) The erection of any new sign outlined in this chapter, unless otherwise noted, shall require a permit. The fee for sign permits shall be established by resolution of the County Board.
(3) It shall be the duty of the Zoning Administrator and/or the Building Official upon filing of an application for a sign permit, to examine such plans and specifications and other data; and if it appears that the proposed structure is in compliance with all requirements of this chapter and all other laws and ordinances of the county, then the Zoning Administrator shall grant the sign permit. In addition, all illuminated signs shall be subject to the provisions of the state’s Electrical Code and shall comply with the Underwriter’s standard as defined in the current Underwriter Laboratories standard for safety, electric sign.
(4) Where work for which a permit is required by this chapter is started or proceeded with prior to obtaining a permit, the fee as provided by the County Board shall be doubled. Payment of such double fee shall neither relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein.
(5) If the work authorized under a sign permit has not been completed within six months after the date of issuance, said permit shall expire automatically and renewal of the permit shall be required.
(K) Inspection, removal, safety.
(1) Inspection. Any sign for which a permit is required may be inspected periodically by the Zoning Administrator for compliance with this chapter and all other applicable laws.
(2) Maintenance.
(a) The owner, lessee or manager of any ground sign and the owner of the land on which the same is located shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the property on which a sign is located.
(b) Painting, repainting, cleaning and normal maintenance and repair of a sign or sign structure is required to protect the sign and prevent its deterioration and maintain its neat appearance. Such maintenance is allowed without permit unless a structural change is made. All signs must be maintained in a neat and orderly condition.
(3) Removal of signs. The Zoning Administrator shall order the removal of any sign erected or maintained in violation of this chapter. Ten days’ notice in writing shall be given to the owner of such sign, or of the building, structure or premises on which such sign is located, to remove the sign or to bring it into compliance with this chapter. Upon failure to remove the sign or to comply with this notice, the Zoning Administrator may remove the sign. The Zoning Administrator may remove the sign immediately and without notice if it reasonably appears that the condition of the sign is such as to present an immediate threat to the safety of the public. Any costs of removal incurred by the Zoning Administrator shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinary department or in the manner of taxes and all costs shall be assessed against the property. Signs located within the right-of-way of county roads may be removed by the county at any time without notice.
(L) Prior lawful non-conforming signs.
(1) Lawful signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter shall become a non-conforming use.
(2) Business signs that were lawfully established when erected on the premises of a non-conforming building or use may be continued so long as they continue to comply with the version of this chapter in effect at the time the signs were established, but such signs shall not be increased in number, area, height, volume, or illumination. Such signs may be illuminated, but no flashing, rotating, or moving signs shall be permitted.
(3) No business sign erected before the passage of this chapter shall be rebuilt, altered, or moved to a new location without being brought into compliance with the requirements of this chapter.
(4) In the event that the use of a non-conforming business sign structure is discontinued or its normal operation stopped for a period of six months, any subsequent use of the sign shall be a conforming use.
(5) Legal nonconforming signs on residential and seasonal residential real estate shall be allowed to continue as provided under M.S. § 394.36, Subd. 4, as it may be amended from time to time.
(Ord. passed 12-1-2015; Ord. 16-2, passed ---; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)