Braham City Zoning Code

SIGNS

§ 154.320 PURPOSE.

The provisions of this subchapter are intended to encourage an opportunity for effective communication, and a sense of concern for the visual amenities on the part of those designing, displaying, or otherwise utilizing needed communicative media of the types regulated by this subchapter, while at the same time assuring that the public is not endangered, annoyed, or distracted by unsafe, disorderly, indiscriminate, or unnecessary use of the communicative facilities.

(Ord. 199, passed 2-7-2000)

§ 154.321 PERMITS REQUIRED.

Except as herein provided, it shall be unlawful for any person to erect, maintain, repair, alter, or relocate, within the city, any sign as defined in this subchapter without first obtaining a permit to do so, and making payment of the permit fee, if applicable. If a sign is erected unlawfully, a representative of the city may remove the sign immediately without notification. The representative will then attempt to notify the owner to the best of his or her ability.

(Ord. 208, passed 11-5-2001) Penalty, see § 154.999

§ 154.322 APPLICATION FOR PERMIT.

(A) Each application for a permit under this subchapter shall be submitted to the city and may include a permit fee which shall be set by resolution by the City Council.

(B) Each application shall state, or have attached thereto, the following information:

(1) Name, address, and telephone number of the person for whom the sign is being erected, or the name of the person, firm, corporation, or association erecting structure;

(2) A complete description of the sign and a sketch showing its size, manner of construction, and the other information, as shall be necessary, to inform the city of the kind, size, material, and construction of the sign, including the proposed location of the sign and the location of building, structure, or lot to which, or upon which, the sign is to be attached or erected;

(3) Position of the sign and other advertising structure in relation to nearby buildings or structures, and lighting details;

(4) Application for billboards shall show location of building and structures, and lighting details;

(5) At the request of the city, two blueprints or ink drawings of the plans and specifications, and method of construction and attachment to the building or in the ground, and any additional information as deemed necessary by the city;

(6) The city may waive requirements for technical information specified above where the information is not necessary to the determination of compliance; and

(7) If a sign authorized by permit has not been installed within six months after the date of issuance, the permit shall become null and void.

(Ord. 199, passed 2-7-2000)

§ 154.323 PROVISIONS APPLICABLE TO ALL SIGNS.

(A) It shall be the responsibility of the permit holder, and of the owner and lessee of the property and structure upon which any sign is located, to:

(1) Keep the ground around any sign free of weeds and litter;

(2) Immediately repair or remove any sign or sign structure which becomes unsafe, in a state of disrepair, insecure, or a menace to the public following written notice of the condition from the city;

(3) All permanent signs shall comply with the maintenance sections of the State Building Code, as it may be amended; and

(4) When electrical signs are installed, the installation shall be subject to the State Building Code, as it may be amended.

(B) (1) Except in the Central Business District, no sign or sign structure shall be placed on, or protrude over, the public right-of-way, except wall (maximum protrusion 12 inches), canopy, awning, or marquee structures shall not exceed 12 inches in height. Canopy, awning, or marquee structures and signs shall be setback three feet from the curbline.

(2) In the Central Business District, no sign structure shall be placed on the public right-of-way. All signs must be set back three feet from the curbline, and meet all other zoning regulations.

(C) All signs located over the public right-of-way, or over a public or private access route shall be located a minimum of eight feet over walking surfaces, and 17 feet and four inches over vehicle-related access routes, based on the State Building Code Chapter 32, and Highway Department Regulations.

(D) The temporary use of search lights and similar devices shall require a permit. The permit shall be prominently displayed during the period of validity.

(E) All height restrictions on signs shall include the height of the sign structure, and be measured from the nearest finished grade.

(F) Any sign now or hereafter existing which no longer advertises or identifies a bona fide business conducted, or a service rendered, or a product sold, shall be removed by the owner, agent, or person having the beneficial use and/or control of the building or structure upon which the signs may be found, within ten days after written notice from the city.

(G) The top edge of a wall sign shall not extend above the main level of the roof, except where there is a mansard roof, in which case the sign shall then not exceed the height of the mansard.

(H) Where a building contains more than one business, the allowable sign area for any single business is its portion of the gross square footage of the building applied as a percentage to the allowable sign of the entire building.

(I) Permanent pylon or permanent free standing signs where permitted will be limited to one per commercial establishment. MULTI-ESTABLISHMENT BUILDINGS are herein defined as a single commercial establishment, except shopping centers, and are limited to one free standing or pylon sign.

(J) In shopping centers, shopping center identification signs shall be limited to locations adjacent to the major entrances, and limited to one per abutting arterial street.

(K) Signs shall conform to the building setback regulations for the zoning district in which they are located, except as may be otherwise specified in this subchapter.

(L) Signs are allowable as an accessory use in all districts except where prohibited by this subchapter.

(Ord. 199, passed 2-7-2000; Ord. 261, passed 3-3-2009)

§ 154.324 PROHIBITED SIGNS.

(A) Any sign which purports to be, or resembles, an official traffic control device, sign, or signal, or railroad sign or signal; or which hides from view, or interferes in any material degree, with the effectiveness of any traffic control device, sign, or signal, or railroad sign or signal; or which obstructs or interferes with the driver’s or pedestrian’s view of approaching, merging, or intersecting traffic for a distance not to exceed 500 feet;

(B) Signs which resemble any official marker erected by a governmental agency, on which display words as “Stop” or “Danger”;

(D) Signs which contain statements, words, or pictures of an obscene, indecent, or immoral character, or as would offend public morals or decency on any right-of-way in the city limits, except as otherwise provided by law;

(E) Any sign on private land without the written consent of the owner thereof;

(F) Signs which are structurally unsafe, in disrepair, or are abandoned;

(G) An area identification sign is not permitted in a residential subdivision consisting of less than 20 lots. See § 154.008; and

(H) If a sign is not allowed as permitted in a specific zone, it is prohibited, and no special use permit or variance is available.

(Ord. 199, passed 2-7-2000) Penalty, see § 154.999

§ 154.325 SIGNS REQUIRING NO PERMIT, SUBJECT TO ZONING LIMITATIONS.

The following signs shall be permitted without a permit.

(A) Signs in all zoning districts.

(1) Campaign signs shall be removed ten days after an election, and placed with permission of the property owner or lessee;

(2) Directional signs located on, above, or beside entrances or exits to buildings or driveways which direct pedestrians, such as “Employee’s Entrance”, “Exit Only”, or “Rest Rooms”, and provided that the signs are no more than four square feet in area;

(3) Temporary signs denoting the architect, engineer, or contractor when placed upon work under construction, provided each sign is not more than 16 square feet in area and removed upon completion of construction. Construction signs shall not be erected before issuance of a building permit, or remain after issuance of a certificate of occupancy. Construction signs shall be confined to the site of the construction, alteration, or repair, and shall be removed within two years of the date of issuance of the first building permit, or when the particular project is completed, whichever is sooner as determined by the Zoning Administrator/Building Inspector. One sign shall be permitted for each major street the project abuts;

(4) Integral signs;

(5) Holiday signs;

(6) Real estate sale or rental sign. Signs must be removed within 14 days of the closing or rental of property. Signs may not measure more than 12 square feet in residential districts, nor more than 25 square feet in all other districts. There shall be only one sign per premises. Corner properties and double front lots may contain two signs, one per frontage;

(7) Individual property sale or rental signs. Signs must be removed within 14 days of the closing or rental of property. Signs may not measure more than 12 square feet in residential districts, nor more than 25 square feet in all other districts. There shall be only one sign per premises. Corner properties and double front lots may contain two signs, one per frontage. The signs shall not be within, or extend over, the right-of-way line unless flat against the structure;

(8) Flag of any state or nation not exceeding 80 square feet;

(9) Rummage/garage sale signs;

(10) Institutional sign up to 50 square feet;

(11) Signs located inside an enclosed building, and visible through a window thereof;

(12) Lighter than air, inflatable devices, and/or a balloon designed and utilized primarily to draw attention to an object, product, place, activity, person, institution, organization, or business, allowing less than three square feet without a permit;

(13) Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface, or when constructed of bronze or other non-combustible material, and attached to the building;

(14) Artificially lit roofs or walls, or portions thereof; and

(15) Wellhead protection signs may be placed within the designated area as recommended by the Wellhead Protection Program.

(B) Signs in CBD, GB, I-1, I-2, and institutions in all zoning districts. Temporary portable signs are limited to one sign per property, and must have the written permission of the property owner.

(D) Signs in R-2 and R-3 zoning districts. Identification signs. One identification sign for each occupant of a premises shall not exceed three square feet in area per surface. The sign shall not contain any advertising information. For subdivision signs, see § 154.326(B) requiring a permit.

(E) Signs in CBD, GB, I-1, and I-2 zoning districts. Banners, pennants, and holiday signs and displays should not exceed 45 square feet. Banners must be affixed against a building or permanent structure, and are not allowed in the Residential District.

(F) Signs in city park zoning districts.

(1) The following described signs are permitted without a sign permit.

(a) Any sign which the city constructs or pays to have constructed.

(b) The community sign shall be allowed in the city park for use by non-profit organizations.

1. Guidelines for owner and users shall be established by resolution of the City Council, from time to time, after receiving the advice of the Park Board.

2. The city shall own, maintain, and control the community sign.

3. The Park Board shall be responsible for administration of the community sign. The Park Board shall designate one person who will follow the guidelines established, and oversee the placement of messages on the community sign. Only one person shall be the contact person.

4. Community sign messages not permitted: Personal messages, commercial advertising, and monopoly of the sign by one organization shall not be permitted.

(2) The following described signs are permitted with a permit. A permit application may be obtained from the Zoning Administrator.

(a) Special events temporary signs for non-profit organizations are permitted, which are erected to celebrate, commemorate, or observe a civil or religious holiday, or for a special event. The signs shall be removed from the premises within three days following completion of the special event. The special event signs shall not exceed four feet by eight feet in size. Total signage shall not exceed 200 square feet.

1. Special event signs will be allowed in Freedom Park only, and not allowed in Hidden Park, Pleasantview Park, the Rose Garden, nor any other designated city park.

2. Special events temporary signs shall not be erected more than 15 days before the date of the special event. An extension of this time limit may be obtained only by Planning Commission recommendation and City Council approval.

3. No sign or banner may display any alcohol, tobacco, or derogatory symbols or wording.

(b) Sign messages may be displayed by the city, and/or a non-profit corporation, to advertise community interest events and which public portable signs shall be placed upon public property. All of the public portable sign messages shall not be displayed more than 15 days before the date of the special event, and shall be removed within three days following the event.

(c) Temporary banners are permitted for special events for non-profit organizations. For non-profit organizations, banners will be allowed over a public street. The total of all banners shall not exceed 120 square feet. Banners may be erected 15 days before the event, and taken down within three days after completion of the event.

(d) The Building Inspector may order the removal of any sign erected or maintained in violation of this section. Three days’ notice, in writing, shall be given to the owner of the sign, or the person or persons who erected the sign. Upon failure to remove the sign, the Building Official shall remove the sign. If it appears the condition of the sign presents an immediate threat to safety of the public, the Building Official shall remove the sign immediately without notice. Any cost of removal incurred by the city shall be assessed to the owner, or the person who erected the sign, or may be collected in appropriate legal proceedings. In the event of successful legal proceedings to collect the cost of removal hereunder, as a part of its judgment, the city shall be entitled to judgment against the defendant-violator for its costs and disbursements, including reasonable attorney’s fees.

(Ord. 199, passed 2-7-2000; Ord. 208, passed 11-5-2001) Penalty, see § 154.999

§ 154.326 SIGNS REQUIRING PERMIT, SUBJECT TO ZONING LIMITATIONS.

Signs requiring electrical or structural inspection in the following zones.

(A) Signs in all zoning districts.

(1) Free standing sign;

(2) Governmental sign;

(3) Institutional sign; and

(4) Monument sign.

(B) Signs in R-1, R-2, subdivision, and PUD zoning districts. Area identification signs are permitted.

(1) Motion sign;

(2) Projecting sign;

(3) Wall sign; and

(4) Canopy or marquee sign.

(D) Signs in CBD and GB zoning districts.

(1) Directory sign;

(2) Pennants on flag poles require permission from the VFW (owner of flag holders) and East Central Electric Association (owner of poles);

(3) Sandwich board signs are permitted, subject to the following regulations:

(a) Sandwich board signs are self-supporting, A-shaped free standing temporary signs with only two visible sides that are situated adjacent to a business, typically on a sidewalk, that contains commercial speech;

(b) The maximum area shall be nine square feet per side of sign with the maximum height being 42 inches;

(c) Acceptable primary sandwich board sign materials include steel, iron, metal, plastic, and wood. Synthetic materials, such as chalkboard and whiteboard, are acceptable accent materials;

(d) Only one sandwich board sign per business shall be permitted. Sandwich board signs shall not be placed more than six feet from the front primary entrance of the business;

(e) Sandwich board signs shall be placed on the edge of sidewalks next to the building, and shall not be placed so as to cause the width of the sidewalk or the walk way to be reduced below four feet in width. No sign shall be erected or maintained in a manner that prevents free ingress or egress from any door, window, or fire escape;

(f) A temporary sign permit is required prior to the installation of the sign. Only one temporary sign permit for a sandwich board sign is allowed per business, and the permit is not transferable. If the sign is located within the public right-of-way, business owners shall sign a disclaimer that indemnifies the city of any liability for use of the public right-of-way;

(g) A sketch including dimensions, content, materials, and location of the sandwich board sign must be attached to the permit application. The permit application must be approved and signed by the city staff before the sandwich board sign may be displayed. If a sign is displayed prior to obtaining a sandwich board sign permit, the application may be denied;

(h) Sandwich board signs shall not be illuminated, nor shall they contain moving parts. Attaching sandwich board signs to structures, poles, objects, signs, and the like by means of chains, cords, rope, wire, cable, and the like is prohibited. They shall be removed from public sidewalks if there is any snow accumulation (the sign may not be displayed until the snow is removed), except those located on private property. Signs shall only be displayed during business operating hours;

(i) Sandwich board signs placed in violation of this division (D)(3) will result in immediate removal of the sign, and the business’s temporary sign permit privileges will be denied for the remainder of that year. Sandwich board signs displayed without approved permits shall be disposed of at the owner’s expense;

(j) Sandwich board signs within the public right-of-way may be moved or removed by the city for municipal purposes (for example, code enforcement, snow removal, traffic issues, maintenance, and the like);

(k) Rights-of-way along Highway 107 are under the jurisdiction of the State Department of Transportation, or the county. The city will enforce its own sign regulation along this street, and not those of the other agencies or jurisdictions; and

(l) A sign permit is required for a sandwich board sign, but there will be no fee for a sandwich board sign permit.

(4) Larger than three square feet air inflatable devices and/or balloons require a permit, and have a time limit of 14 days.

(E) Signs in GB, I-1, and I-2 zoning districts. Pylon signs are permitted.

(F) Signs in GB and PUD zoning districts. Shopping center signs are permitted.

(Ord. 199, passed 2-7-2000; Ord. 277-A, passed 11-1-2016)

§ 154.327 DISTRICT REGULATIONS.

The following signs shall be allowed in the indicated zoning districts, in accordance with the permit provisions of this subchapter.

(A) Signs in residential districts.

(1) R-1 District. One non-illuminated wall or free standing sign no more than four square feet, except institutional signs located in the R-1 District, which shall not exceed 40 square feet, and institutional signs can be illuminated. The location of area identification signs for subdivisions must be identified on preliminary plats and cannot be illuminated. The size of area identification signs is limited to 40 square feet.

(2) R-2 District. One sign at each entry with a maximum of two signs, with no more than 70% of the total sign area contained in any one sign. The total allowable sign area shall be 20 square feet for dwellings or complexes containing from four to 20 units, and 32 square feet for dwellings or complexes containing 21 or more units. Duplexes and triplexes are allowed one non-illuminated wall or free standing sign no more than two square feet and one face.

(3) R-3 District. One sign at each entry, with a maximum of two signs, with no more than 70% of the total sign area contained in any one sign. Total allowable sign area shall be 20 square feet.

(B) Signs in CBD and GB District.

(1) Businesses. No business shall place more than two signs on the principal building in which it is located, except two or more principal wall frontages may be allowed if each is held by the Zoning Administrator/Building Inspector to be a separate frontage.

(2) Maximum signage area.

(a) The maximum area for signs on a building occupied by a single business shall be determined by taking 20% of the gross silhouette area of the front of the building. The maximum area for signs for each business which occupies a part of a principal building shall be determined by taking 20% of the gross silhouette area of the store front of the business.

(b) The SILHOUETTE shall be defined as that area within an outline drawing of the front of the building or store front, as may be applicable. The same provision shall apply to a business occupying only part of a principal building.

(3) Exceeding signage area. In no case shall an individual sign exceed 100 square feet in area, nor shall two or more signs be so arranged and integrated as to cause an advertising surface over 200 square feet.

(4) Murals. Murals or painted wall signs are permitted, however, written permission of the property owner is required.

(5) Conditional use permit request. If the size of a sign request in the CBD or GBD Districts exceeds the maximum permitted sizes, a conditional use permit request shall be used. Conditions for approval of the CUP require written permission from the adjacent property owners and are based on safety and other sign criteria as established in § 154.320.

(C) Signs in GBD District. Signs in GBD District are subject to division (B) above as minimum provisions, however, the maximum requirements may be exceeded by the following provisions.

(1) Combination. Combination of signs may be utilized, and shall not exceed one pylon sign, one free standing sign, wall signs, and one canopy, marquee, or awning sign. In no case shall the maximum allowable sign area exceed 700 square feet.

(2) Pylon sign.

(a) A maximum of 200 square feet of area per face shall be permitted, and a maximum height not to exceed 35 feet.

(b) Area, as determined by the above formula, applies to one face of a two-faced pylon sign, and no more than two faces per pylon.

(c) Actual sign height is determined from lot grade, or from the grade of the road which the sign gains its principal exposure.

(3) Shopping center signs. Shopping centers shall be allowed one shopping center identification sign, not to exceed 300 square feet in area, and 35 feet in height, in addition to the allowable sign area for individual businesses.

(4) Billboards. All other standards, including setbacks that are applicable to other signs and structures, shall apply to billboards, including the following provisions.

(a) Billboards shall be located so as not to obstruct any existing business or sign.

(b) A billboard may not be a principal use of the property.

(d) No billboard shall be erected on the roof of any building.

(e) Billboards are not permitted within 500 feet of residential districts.

(f) No permit shall be granted for any proposed billboard if it is within 1,500 feet of any existing billboard. EXISTING BILLBOARDS shall be defined as any billboard located within or outside the city’s municipal boundaries.

(D) Signs in I-1 and I-2 Districts. Total allowable sign area, inclusive of free standing and pylon sign where permitted, shall not exceed 20% of the building’s principal wall frontage. Two or more principal wall frontage shall be allowed if each is held by the Zoning Administrator/Building Inspector to be a separate frontage. No individual sign shall exceed 200 square feet.

(1) Setbacks. Permanent signs in the industrial district shall be set back at least ten feet from a public right-of-way, except in the case of a street that does not meet § 153.045. In that case, permanent signs shall be set back ten feet from the recommended right-of-way for the type of road classified in § 153.045.

(2) Height regulations. Pylon signs shall not exceed 35 feet in height. Free standing signs shall not exceed 12 feet in height.

(3) Advertising sign area. Advertising signs as a principal use shall not exceed a maximum sign area of 200 square feet.

(Ord. 199, passed 2-7-2000)

§ 154.328 PROVISIONS REGULATING ARTIFICIAL LIGHT SOURCES.

The following provisions shall govern the use of artificial light sources for all signs within the city.

(A) No illuminated signs shall be permitted in R-1 Districts, with the exception of institutional signs. Minimal illumination is permitted. Internally illuminated signs shall be permitted in the R-2 and R-3 Districts. Otherwise, signs illuminated with artificial light shall be permitted in accordance with the provisions of this section.

(B) All artificially illuminated signs shall use only that amount of artificial light as is needed to light the sign. Specifically, wattage and lumen output of all light sources shall be kept to the minimum necessary to accomplish the intended purpose. Glare or reflected light, which is a by-product of the light, also shall be considered artificial light, and similarly shall be kept to a minimum. Artificial light sources shall not be placed at any height taller than is essential to accomplish the intended purpose.

(C) Except for internally illuminated signs, artificial light source is fully enclosed by opaque materials and does not project beyond them, and that light may be transmitted in only one direction, except that incandescent light bulbs with a wattage of 50 watts or less need not be fully enclosed. Any diffusers must be flush mounted to the opaque fixture that no part of the light source, the diffuser itself, or the like, projects beyond the opaque portion of the fixture.

(D) All artificial light sources shall be contained in fully opaque fixtures which control the light that it is directed either straight down or straight up, or is located so close to the sign that there is no broadcast or glare of light beyond the sign. It is intended that the visibility of the light source itself be minimal.

(Ord. 199, passed 2-7-2000)

§ 154.329 CONFORMING SIGN REMOVAL.

All conforming signs and sign structures not used by a tenant or owner shall be removed by the owner of the premises after six months of non-use.

(Ord. 199, passed 2-7-2000)

§ 154.330 NON-CONFORMING SIGNS.

All signs, except temporary signs, existing upon the effective date of this subchapter shall be allowed to continue in the manner of operation, provided there is no change in use. All signs shall be in good repair and any alterations or repairs to the sign shall not increase the non-conformity. After a non-conforming sign has been removed, it shall not be replaced by another non-conforming sign. After the non-conforming use to which the sign relates has ceased for six months, the sign shall be removed.

(Ord. 199, passed 2-7-2000)

§ 154.331 UNLAWFUL ERECTED SIGNS.

If the Zoning Administrator finds that any sign has been erected without the necessary permit(s), or any sign is being maintained in violation of any provision of this subchapter, he or she may give written notice of the violation to the installer of the sign, to the permit holder, and/or to the owner, lessee or manager of the property. If, after receiving the notice, the person fails to remove or alter the sign so as to comply with the provisions of this subchapter, the sign shall be deemed to be a nuisance and may be removed by the city under M.S. Chapter 429, as it may be amended from time to time. The cost of the removal, including administrative expenses and reasonable attorney’s fees, may be levied as a special assessment against the property upon which the sign is located.

(Ord. 199, passed 2-7-2000) Penalty, see § 154.999

§ 154.332 APPEALS.

An applicant for a sign permit or permit holder may appeal any order, requirement, decision, or determination made by the Zoning Administrator/Building Inspector in the enforcement of this subchapter by filing a letter of appeal with the Zoning Administrator/Building Inspector requesting a hearing before the Planning Commission and the City Council. The City Council shall decide all the appeals.

(Ord. 199, passed 2-7-2000)

§ 154.333 EXAMPLES OF VARIOUS SIGNS.