Byron City Zoning Code

SIGNS

§ 152.125 PURPOSE.

Signs have an impact on the character and quality of the environment as a prominent part of the scenery; they attract or repel the viewing public and affect the safety of vehicular traffic. Their suitability or appropriateness helps to set the tone of the neighborhood. The purpose of this section shall be to regulate the placement, erection, and maintenance of signs in the city so as to promote the health, safety, aesthetics, economic welfare, and general welfare of the community. The following standards in this section are, therefore, adopted to regulate signs.

(Ord. 2023-02, passed 5-9-23)

§ 152.126 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED SIGN. A sign or sign structure that is located on a building or property that has been vacant or unoccupied for a period of three months or more, or a sign which pertains to a time, event, or purpose that no longer applies.

ALTER. Refers to any major change to a sign, but shall not include routine maintenance or painting.

ANIMATED SIGN. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

AWNING. A temporary hood or cover that projects from the wall of a building and which can be retracted, folded or collapsed against the face of the supporting building.

BALLOON. A flexible, non-ferrous inflated bag in various shapes, sizes, and colors.

BANNER. A temporary sign made of flexible material affixed to a building, vehicle, poles, or other supporting structure by any or all corners. No banner may be constructed in whole or in part of paper.

BANNERETTE. Flexible material that resembles a flag and has the minimum dimensions of two feet by two feet and no larger than three feet by five feet. A smaller-sized bannerette is defined as a pennant.

BEACON. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

BILLBOARD. A freestanding, off-premises sign designed for view from a major roadway.

CABINET SIGN. A sign that has framing around the entire sign message with a removable face.

CANOPY SIGN. The area of copy, graphic, or identification which is affixed to a projection or extension of a building or structure, including a marquee, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building, or place of assembly. The portion of the canopy, projection, or other architectural feature which contains no copy or graphic identification shall not be defined as signage, but if illustrated, shall be included in the total sign area as specified in § 152.131(A).

CHANGEABLE COPY SIGN. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this section.

COMMERCIAL MESSAGE. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

FLAG. A piece of cloth or bunting varying in color and design, used as a symbol, standard, emblem, or insignia identifying a governmental agency or any civic, charitable, religious, institutional, patriotic, corporate, fraternal, or similar organization.

FREESTANDING SIGN. Any sign supported by structures or supports that are permanently anchored in the ground and that are independent from any building or structure.

GOVERNMENTAL SIGN. A sign which is erected by a governmental unit for identification or traffic.

GROUND MOUNTED SIGN. A freestanding sign erected on one or more freestanding shafts, posts, or piers which are solidly affixed to the ground and not attached to a building. A ground mounted sign shall be considered one sign even though it may have two faces.

ILLUMINATED ARCHITECTURAL FEATURES. Features which include, but are not limited to, wall-roof and window-mounted neon, the wall surface between multiple rows of neon, illuminated sign bands, backlit canopies, awnings or wall banding features, and the like.

ILLUMINATED SIGN. Any sign which is lighted by an artificial light source either external (light source not within sign) or internal (light source within sign), or by means of reflective materials.

MONUMENT SIGN. A freestanding sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is attached to the ground by means of a freestanding support structure, is solid from grade to the top of the structure, constructed with materials that are the same as the primary building materials of the principal structure, and is placed directly on the ground or on an interior planter base which is incorporated into a design arrangement. A MONUMENT SIGN shall be considered as one sign though it may have two faces.

MULTI-FACED SIGN. Any sign with sign faces oriented to more than two directions.

NONCONFORMING SIGN. A sign lawfully erected and maintained prior to the adoption of this section that does not conform to the requirements of this section.

OFF-PREMISES SIGN. A sign located upon property other than the lot of a development or use for which the sign is intended.

ON-PREMISES SIGN. A sign located upon the same property as the development or use for which the sign is intended.

PENNANT. Flexible material suspended from a rope, wire, or string, usually triangular-shaped and in a series, designed to move in the wind.

PERMANENT SIGN. A sign permanently attached to a building, structure, or the ground which is constructed of durable materials and intended for long-term use.

PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure and designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T-frames, and menu and sandwich board signs.

PROJECTING SIGN. A sign other than a wall sign which is perpendicular to and projects from a binding, is supported by a wall of a building or structure, where the leading edge extends more than 12 inches beyond the surface of such wall.

PROPERTY IDENTIFICATION SIGN. A sign communicating the street address of a building for public safety reasons, whether script or in numerical form.

PYLON SIGN. A freestanding sign erected on one or more freestanding shafts, posts or piers which are solidly affixed to the ground and not attached to a building. A pylon sign shall be considered as one sign even though it may have two faces.

RIBBONS or STREAMERS. Long or varied lengths of flexible material used to decorate.

ROOF SIGN. Any sign which is erected, constructed or attached wholly or in part upon any roof or over the highest roofline of a building.

ROOFLINE. The top of the coping; or when the building has a pitched roof, at the intersection of the outside wall with the roof.

SIGN. A communication device displaying graphics, symbols, or written copy visible from the public right-of-way and designed to attract the attention of the general public. A sign shall be considered as a structure or a part of a structure for the purpose of applying yard and height regulations except as herein provided.

SIGN AREA. The area that includes the smallest rectangle around each line of copy for individual mounted-letter signs and the entire face of a sign, including the sign copy surface and any framing. trim or molding, but not including the supporting structure for all other signs. The maximum SIGN AREA is the maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated so as to create a cumulative gross SIGN AREA in excess of such requirements as may be applicable.

SIGN COPY. Words, letters, logos, figures, symbols, illustrations, or patterns that form a message or otherwise call attention to a business, product, service, or activity, or to the sign itself.

SIGN FACE. The surface of the sign including letters and background upon, against, or through which the message is displayed or illustrated.

SIGN HEIGHT (MAXIMUM). The vertical distance measured from the highest adjacent grade, within one foot of the base of the sign, to the top of the sign.

SIGN HEIGHT (MINIMUM). The vertical distance measured from the highest adjacent grade, within one foot of the base of the sign, to the bottom of such sign.

SIGN STRUCTURE. The supports, uprights, bracing, and framework for a sign.

TEMPORARY SIGN. Any sign which is erected or displayed for a specific period of time, and not of a permanent nature.

WALL GRAPHICS. A sign which is painted directly on an exterior wall surface.

WALL SIGN. A sign which is affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than 12 inches from the surface to which it is attached, nor extend beyond the top of the parapet wall. Banners are not included in this definition.

WINDOW SIGN. A sign affixed to the outside or inside of a window. This does not include merchandise on display.

(Ord. 2023-02, passed 5-9-23)

§ 152.127 PROHIBITED SIGNS.

The following signs are prohibited in all zoning districts:

(A) Signs hazardous to traffic.

(1) Any sign which obstructs or impairs the vision of drivers or pedestrians or detracts from the visibility of any official traffic-control device.

(2) Any sign which contains or imitates an official traffic sign, or signal.

(3) Any sign which includes distracting, flashing, or moving lights which, by existing standards, is found to be a traffic hazard.

(4) Any sign which, by reason of its location, color, or intensity, creates a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as “Stop,” “Caution,” “Warning,” and the like, unless such sign is needed to direct traffic on the premises.

(B) Off-premises signs except as permitted in this section.

(D) Structurally unsafe, dilapidated, or abandoned signs.

(E) Signs erected, placed, or maintained on fences, trees, utility poles or the supports thereof, except as allowed for special events.

(F) Signs attached or supported on a permanently parked vehicle or semi-trailers. This shall not include signs painted directly on a parked vehicle or semi-trailer used in the business or facility or on site.

(G) Projecting signs.

(H) Roof signs.

(I) Portable signs.

(J) Wall graphics.

(K) Beacons.

(L) Multifaced signs.

(M) Signs supported by guy wires.

(N) Cabinet signs on buildings.

(O) Bannerettes, pennants, ribbons, streamers, strings of light bulbs, balloons and hot or cold air inflatable devices, human sign spinners, or similar devices, except as may be approved by a special event permit in accordance with the provisions as set forth in §§ 152.125 et seq., Signs.

(Ord. 2023-02, passed 5-9-23; Am. Ord. 2024-02, passed 5-14-24)

§ 152.128 GENERAL PROVISIONS.

(A) All signs and sign structures shall be properly maintained in a safe, orderly condition at all times, including the replacement of defective parts, cleaning, and other items required for maintenance of the sign. Vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten feet shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign.

(B) All signs shall be constructed in accordance with the Minnesota State Building Code and the National Electrical Code. The maximum brightness shall not exceed 100 foot-lamberts.

(C) All signs utilizing electricity shall be subject to the state's electrical code and electrical service shall be buried or concealed.

(D) No signs other than governmental signs shall be erected or temporarily placed within any street rights-of-way or upon any public lands or easements or rights-of-way, except by conditional use permit.

(1) Temporary signs located within sports facilities on city-owned land may be allowed with a sign permit provided the following standards are met:

(a) Number and size of signs shall be determined by the approved sign permit.

(b) No sign shall be illuminated except by the regular sports facility lighting during hours of use.

(E) No sign or sign structure shall be erected or maintained if it prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape.

(F) Signs shall be professionally prepared.

(G) Anchorage requirements.

(1) All signs shall be braced or secured to prevent motion.

(2) No sign shall be attached to hang from any building until all necessary wall attachments have been approved by the Building Official.

(H) Illumination.

(1) Lighted signs shall be lighted only to the extent that the message on the sign is illuminated and shall not cast glare onto public streets or adjacent property.

(2) Signs with external lighting shall have no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. If a wall sign is mounted above the first floor of a building, the illumination, if any, shall be internal.

(3) Illuminated architectural features or portions thereof, not defined as signage or a canopy sign, shall be applied the rate of one-third the architectural feature area toward the maximum allowable sign area permitted under § 152.131(A). Illuminated architectural features shall include, but not be limited to, wall-, roof- and window-mounted neon, the wall surface between multiple rows of neon, illuminated-sign bands, backlit canopies, awning or wall banding features, and the like.

(I) Window signs shall not cover more than 25% of the window area on each elevation of a building. All window signs shall be placed on the inside surface of the glass, except for temporary painting applied directly to the glass surface.

(J) The maximum angle permitted between faces of a double-face freestanding sign is 60 degrees or less is one sign; anything more is two signs.

(K) Signs that are utilized and displayed at athletic fields or in parades shall not be counted toward total allowances for sign quantities or square footages.

(Ord. 2023-02, passed 5-9-23)

§ 152.129 EXEMPT SIGNS.

The following signs are allowed without a permit unless otherwise specified. These signs, if placed in accordance with the following standards, will not apply toward the maximum allowable sign area but shall comply with all other applicable provisions of this section:

(A) A minimum of one property identification sign identifying the correct property number as assigned by the city shall be required on each principal building in all districts.

(1) Such sign shall be of sufficient size to be legible from the nearest street yet shall not exceed nine square feet in area.

(2) The numbers shall be metal, glass, plastic, or similar durable material and the numbers shall not be less than three and one-half inches in height, in a contrasting color to the base or made of some reflective material and so placed to be easily seen from the street.

(B) Flags.

(1) No more than three flags may be displayed outside of a principal building.

(2) A maximum of six flags may be allowed on a property provided a permit is issued and the following standards are met:

(a) No two pairs of flags may be the same.

(b) Where multiple flagpoles are used, there shall be a maximum spacing of 20 feet allowed between the poles.

(3) Flagpoles shall not exceed:

(a) 25 feet in height in any residential zoning district.

(b) 50 feet in height for all other zoning districts.

(D) Traffic control signs authorized by federal, state, or municipal governments with property jurisdiction.

(E) Official notices authorized by a court, public body, or public safety official.

(F) Warning and restrictive signs, such as “No Trespassing,” and “No Hunting” signs placed upon private property by the owner, not to exceed one square foot in area.

(Ord. 2023-02, passed 5-9-23)

§ 152.130 TEMPORARY SIGNS.

(A) Temporary signs are exempt from permit requirements unless otherwise specified, but shall otherwise conform to the requirements of this section.

(B) On-premises temporary signs.

(1) Signs specified in M.S. Ch. 211B.

(2) Banner signs.

(a) Only two temporary banners may be displayed by each business at any time.

(b) Each banner shall be no greater than 32 square feet in area.

(d) City staff shall have the authority to order the removal of any banner which appears to be deteriorated, in disrepair or on property that appears to be abandoned.

(e) All banners shall be maintained such that they do not become ripped, torn, defaced, damaged, loose, or unsecured.

(3) Properties with open building permits.

(a) One temporary sign per street frontage is permitted on any property with an open building permit.

(b) No sign may exceed 32 square feet.

(i) Once a certificate of occupancy has been issued for the site, signs shall be removed within 30 days for single-tenant buildings and within 60 days for multi-tenant buildings.

(4) New development. A developer may obtain a sign permit to erect on-premises temporary signage in any zoning district as follows:

(a) Sign quantity.

(i) For a development project of three to 25 acres, one sign not to exceed 100 square feet of sign copy area may be erected.

(ii) For projects of 26 through 50 acres, one or two signs not to exceed 200 aggregate square feet of sign copy area may be erected.

(iii) For projects over 50 acres, one, two or three signs not to exceed 300 aggregate square feet of sign copy area may be erected.

(b) No dimension shall exceed 25 feet, exclusive of supporting structures.

(d) Signs shall be painted on all sides, including support posts.

(e) If such signs are lighted, they shall be illuminated only during those hours when the model homes or other development are open for conducting business.

(f) Such sign(s) shall be removed once 95% of the project is developed.

(5) Properties for sale or rent.

(a) One temporary sign is permitted per street frontage of the property.

(b) Signs may be wall or freestanding signs and shall be removed within 10 days after the closing on the property.

(i) Freestanding signs shall be properly anchored into the ground using posts with minimum dimensions of four inches square or three inches diameter.

(c) Such signs shall not measure more than 12 square feet in R-1, R-2, R-3 districts, and shall not measure more than 40 square feet in all other districts. The 40-square foot limitation may be increased to 64 square feet, provided a permit is issued and the following standards are met:

(i) The sign shall be a maximum height of 12 feet.

(ii) The sign shall be set back from the front property line no less than one foot per one foot of sign height.

(iii) The sign shall not be illuminated.

(d) Such signs shall be painted on all sides, including support posts.

(6) Properties for lease.

(a) Wall or freestanding signs.

(i) Such signs shall be limited to one per street frontage of the property.

(ii) The gross area and total height of a temporary property for lease sign shall be limited to the maximums prescribed in § 152.131(A), except that the sign area for a building that contains a minimum of 50,000 square feet of aboveground leasable area may be increased to 32 square feet provided that the building is located in a Commercial or Industrial district.

(iii) Signs shall be set back from the front property line no less than one foot per one foot of sign height.

a. If the sign cannot be located to comply with the minimum setback requirement from the front property line without locating the sign in a parking lot or other paved surface, the sign may be located up to the front property line, provided that the sign will not disrupt any public utility service and/or interfere with the sight line visibility of motorists on the adjoining roadway. Such signs shall not exceed 16 square feet in area or four feet in width.

(iv) If ground-mounted, the following design standards shall apply:

a. Signs shall be constructed of painted, smooth-finish plywood and, if ground- mounted, shall have either flush or side-mounted, four-inch by four-inch painted wood post(s).

b. Sign faces up to 32 square feet in area shall be constructed of one sheet of material.

c. Flush-mounted signs shall include a four-inch-wide painted border on the sign faces in a color to match the signposts and contrast with the background of the sign face. The sign face area shall include the border.

d. Side-mounted signs shall include decorative post tops and four-inch-wide painted top and bottom supports in a color to match the signposts and contrast with the background of the sign faces. The sign face area shall not include the posts and supports.

e. Skirting and landscaping in addition to sod shall be optional for ground- mounted signs, and all such landscaping shall be maintained to the standard prescribed in § 152.129(A).

(b) Banner signs.

(i) For any property in the R-3, C, or I zoning districts containing a new building for lease, one wall-mounted banner may be installed during construction and the first six months following the issuance of a certificate of occupancy.

(ii) The banner may be displayed up to an additional six months if the building is less than 50% occupied at six months past the date of occupancy for a maximum of one year, including any time the banner is displayed during construction. Exceptions to this time frame will be considered on a case-by-case basis.

(iii) The maximum size of such banners shall not exceed two times the area limits of § 152.131(A).

(iv) Such banners shall be constructed with top and bottom ropes seamed into the banner and securely attached to the building, and shall comply with the following requirements:

a. Minimum 12-ounce weight vinyl material.

b. Minimum 240 pounds per square yard of tensile strength.

c. Minimum 110 pounds per square yard of tear strength.

(v) Such banners may be illuminated.

(7) Temporary outdoor promotional sales or events.

(a) Signage and related devices used in conjunction with sales or events are permitted in addition to the maximum allowable sign area.

(b) A permit is required prior to the display of any signage or related devices in conjunction with sales or events. The permit fee shall be set annually by City Council resolution.

(i) Small balloons: The size of small balloons or a group of connected balloons shall not exceed two feet as the largest dimension, except that balloon arches not exceeding eight inches in height shall be allowed.

(ii) Tents: Tents, including all ties, ropes, stakes, and the like, shall be located entirely upon the permittee's property and shall comply with the city's setback requirements for accessory buildings.

(iii) Bannerettes:

a. Bannerettes may be used on light standards or flagpoles.

b. No more than one bannerette shall be allowed per standard or pole.

c. Bannerettes shall be smaller than any U.S. flag on the property and shall not be flown at a height greater than any U.S. flag allowed on the property.

(iv) Banners:

a. Banners may be attached to poles, tents, and buildings, provided they are well secured and are prevented from being blown around uncontrollably by the wind.

b. Banners shall not be larger than 100 square feet nor higher than the wall of the principal building on the lot.

c. All banners shall be maintained such that they do not become ripped, torn, defaced, damaged, loose, or unsecured.

(v) All signage and related devices shall meet the lighting requirements found in § 152.129 General Provisions.

(vi) No signage or related devices shall be located in the public right-of-way.

(vii) All signage and related devices shall be removed no later than the last day of the special event.

(C) Off-premises temporary signs. No person shall install or cause to be installed an off-premises temporary sign, except as follows:

(1) Temporary off-premises signs may be installed in any district as follows:

(a) No sign shall exceed 28 inches by 28 inches in size.

(b) Sign placement:

(i) The signs shall not be located more than one mile from the property.

(ii) The signs shall not be placed closer than five feet to any curb.

(iii) The signs shall not be placed on a sidewalk.

(iv) The signs shall not interfere with traffic visibility.

(v) The signs shall not be placed on private property without the written consent of the property owner.

(d) A sign may be in place for a maximum of 30 days.

(2) The Planning Commission and the City Council may authorize temporary off-premises signs for any business areas that have access to any public street that is under construction or reconstruction, or is being repaired. The signs shall be removed upon completion of the street construction, reconstruction or repairs.

(3) New residential development: A developer may obtain sign permits to erect off-premises temporary signs as follows:

(a) Each developer shall be allowed two such signs per entrance to the development up to a maximum of four such signs.

(b) Each sign shall not exceed 32 square feet in area and six feet in height.

(d) Signs shall be painted on all sides, including support posts. The signs shall be uniform in design and size.

(e) Signs shall not be illuminated.

(f) Signs may remain in place until occupancy permits have been issued by the city for 90% of the lots in single-unit subdivisions and 80% of the units in all other residential developments, at which time the signs shall be removed. The city shall issue no additional building permits for new construction within the development until all off-premises signs have been removed.

(Ord. 2023-02, passed 5-9-23)

§ 152.131 PERMANENT SIGNS.

(A) Dimensional requirements.

(1) Signs attached to buildings shall project no more than five feet from the wall on which they are attached, or in the case of wall signs that do not project, they shall not cover more than 15% of the wall upon which they are attached or extend above the maximum height of the wall upon which they are attached.

(2) Maximum aggregate sign area per lot.

(a) The maximum aggregate sign area allowed per lot is 100 square feet. This area shall include all permanent signage unless otherwise specified in this section.

(b) On commercial properties located outside of the Highway 14 commercial corridor, maximum aggregate signage may be increased to 150 square feet with approval of a conditional use permit or as part of an approved PUD.

(3) Freestanding sign height.

(a) As measured to the top of the sign, the following table specifies the maximum allowable freestanding sign height:

Table 152.10. Freestanding Height.

Use of Property	Sign height
Commercial	15 feet
Industrial	15 feet
Non-residential use within Highway 14 corridor	35 feet

(b) On commercial properties within the Highway 14 corridor, the maximum height of any freestanding signs may be increased to 50 feet with approval of a conditional use permit or as part of an approved PUD.

(4) Signs located on property for lease shall have meet the following dimensions:

(a) Maximum sign area is 8 square feet.

(b) Maximum sign height:

(i) 10 feet for residential property

(ii) 16 feet for non-residential property

(B) On-premises permanent signs.

(1) The following permanent signs shall be allowed in the R-1, R-2, and R-3 zoning districts by permit:

(a) Ground or monument signs

(i) Two ground or monument signs shall be allowed at each principal entrance to a residential development.

a. Signs shall be set back a minimum of five feet from all property lines.

b. Each sign shall not exceed 20 square feet in area, exclusive of walls or supports.

c. Larger signs may be allowed as part of a PUD or with approval of a conditional use permit.

(ii) One ground or monument sign shall be allowed on property used for general agriculture, institutional, or membership organization uses.

a. No sign shall exceed ten square feet in area per side.

b. There shall be no more than one sign for each lot or principal structure.

(2) The following permanent signs shall allowed in the C and I zoning districts by permit:

(a) Wall signs

(i) Number

a. The maximum number of wall signs on any principal building shall be two. Each sign shall be placed on a separate building facade, with or without street frontage except as allowed in provision (iv) below.

b. For single-occupancy buildings, the maximum number of wall signs may be increased by two with the approval of conditional use permit provided following minimum standards are met:

i. No freestanding sign shall exceed six feet in height upon the lot.

ii. The wall signs shall be identical in style, wording, color and size.

c. For multiple-occupancy buildings, each occupant shall have no more than one sign, except that the end tenants may have a maximum of two signs each to be located on the front and side elevations of the tenant space.

(ii) Size

a. The cumulative total wall sign area, when added to the gross sign area of all freestanding signs on the site, shall not exceed the maximum aggregate allowable sign area per lot as specified in § 152.131(A).

b. When a building fronts on two or more streets, calculation of the maximum allowable sign area shall be based upon the front building facade and the smallest building facade facing a street frontage.

c. No building side may have signage in excess of the maximum allowable sign area of that building facade.

(iii) Wall signs shall be constructed with a maintenance-free/permanent finish material. Wall signs shall not be painted.

(iv) Temporary business signs made of cloth or clothlike material are allowed as a wall sign in lieu of a permanent wall sign subject to the following requirements:

a. Permits shall be limited in duration to no more than three months.

b. Temporary wall signs shall be securely attached to the building in such a manner that no portion of the sign will be allowed to blow around freely in the wind.

c. Where a sign criterion has been prescribed for multiple-occupancy buildings, the temporary wall sign shall be sized to fit within the specified sign band area.

d. There shall be no additional sign lighting allowed in addition to that which has been approved for the building.

(v) A sign that is above the highest roofline of a building but on a parapet wall that does not extend all the way around the building shall be architecturally integrated into the building design. This type of sign shall not be considered a roof sign.

(b) Freestanding signs.

(i) Number

a. One freestanding sign is allowed upon any single lot.

b. Additional freestanding signs may be allowed, provided they are in compliance with the following standards:

i. The signs are constructed as a monument sign and shall not exceed a height of six feet.

ii. Decorative shrubbery and flowers are incorporated as a part of the monument design and are maintained on a regular basis.

iii. The signs, if illuminated, may be either internally or externally lighted in accordance with these regulations.

iv. The gross area of the signs, when added together with all other freestanding and wall sign areas, does not exceed the maximum allowable sign area established for the lot.

v. Monument signs may incorporate additional berming on a slope of three-to-one where the berming is incorporated into an overall landscaping design plan. Landscaping shall be provided on the slopes of the berm in an interesting and varied appearance. Where a planter box is incorporated, the landscaping shall occur in and around the planter with a similar attractive design. In both cases, the height of the sign, including the planter box, shall not exceed six feet.

(ii) Size.

a. When added to the total wall sign area, the cumulative gross sign area of all freestanding signs shall not exceed the maximum aggregate sign area as specified in provision (A) above.

b. The gross area and total height of a freestanding sign shall be limited to the maximums prescribed in provision (A) above.

c. In the case of a multiple-occupancy building in the Commercial or Industrial zoning districts, a freestanding sign larger than provided for in provision (A) above may be approved by conditional use permit.

d. For monument signs, the copy and graphic area shall not exceed the maximum square feet permitted under provision (A) above.

e. The minimum pylon sign height clearance to the bottom of the sign, including

the cross-bracing, framing or sign enclosure, shall be eight feet.

(iii) Placement.

a. No signage shall be placed within the public right-of-way.

b. Freestanding signs

i. Freestanding signs exceeding six feet in height shall be located on the property served by the sign.

ii. Freestanding signs shall be located no closer than five feet from any driveway or parking space.

c. Monument signs shall be placed in compliance with § 152.081, Clear Vision Areas.

(i) Changeable copy signs shall be allowed:

a. In the C district.

b. On any approved retail business property located in the I district.

c. On any approved institutional property in a residential district.

(ii) Any changeable copy sign shall meet the following standards:

a. All existing illegal temporary signage on the site shall be removed prior to approval of the sign permit.

b. Sign type

i. The sign shall be attached to or incorporated into a freestanding sign. The sign shall be designed to complement existing signage on the site.

ii. Changeable copy signs shall not be allowed as a wall sign, except as may be approved by a conditional use permit.

c. Size

i. The size of the sign shall not exceed 25% of the gross sign area when added to an existing pylon sign. This percentage limitation does not apply to totally new signage.

ii. The gross area of a freestanding sign and the maximum allowable aggregate sign area specified in provision (A) above may be increased by 24 square feet to accommodate a changeable copy sign.

d. The lower portion of the changeable copy sign shall meet the eight-foot minimum height clearance requirement. If the bottom of a changeable copy sign is proposed at a height below eight feet, the message board shall be enclosed with a vandal-proof encasement and shall be designed as a ground sign.

e. Where there is a grade difference of more than four feet between the proposed location of a freestanding sign and the higher grade of the street frontage towards which the sign is oriented, the sign height base elevation may be established at the center line of the street, provided that the property on which the sign is to be located either fronts on the street or is part of a PUD that fronts on the street.

(1) Off-premises signs on public property.

(a) The Planning Commission and the City Council may authorize the installation of off-premises signs, either in the public right-of-way or on public property, for government buildings, public parks, hospitals, schools, lodging, and emergency care facilities.

(b) Such signs shall not exceed ten square feet in area.

(d) Where practical, such signs may be located on existing sign poles.

(2) Off-premises signs on private property.

(a) The Planning Commission and the City Council may authorize the installation of off-premises signs on private property for places of worship located on streets that are not classified in the Byron Comprehensive Plan as collectors or arterials.

(i) Such signs shall not exceed ten square feet in area.

(ii) Such signs shall comply with the setback requirements of provision (B) above.

(b) In a multiple-lot PUD that includes shared driveways and parking areas among the lots, a property may display signage pertaining to an adjacent property(s) within the PUD which have no public street frontage. Such signage shall:

(i) Count toward the total allowable sign area for the adjacent property(s);

(ii) Not exceed 10 square feet in area; and

(iii) Be designed to be compatible with the other signs in the PUD.

(i) Billboards are permitted by conditional use permit in the Commercial and Industrial zoning districts.

(ii) Upon obtaining a conditional use permit for a billboard, the company or person obtaining the permit shall file with the city a performance bond in the minimum amount of $10,000 or a letter of credit or cash bond in like amount to guarantee compliance with the terms and conditions of the permit. The $10,000 shall cover one through five years.

(iii) Design standards.

a. The maximum sign size shall be 250 square feet. Billboards may incorporate cutouts protruding beyond the framed perimeter of the sign face, provided the total sign area does not exceed 250 square feet.

b. The maximum sign height to the uppermost portion of the billboard shall be 45 feet. Billboards shall adhere to principal structure setbacks for the zoning district in which they are located.

c. Billboards shall have a maximum of two faces.

d. Billboards shall be a single support, metal structure free of any supports or guy wires. The metal shall be either painted or treated in such a manner as to prevent deterioration.

e. All electrical wiring shall be underground and concealed.

(iv) Placement.

a. Billboards are permitted only where the adjacent streets are contiguous to the Highway 14 corridor.

b. The minimum distance between billboards shall be 1,000 feet.

c. No billboard shall be constructed within 150 feet of the point of tangency of the entrance or exit ramp on any intermediate arterial or interstate freeway or within 150 feet of the intersection of the nearest right-of-way lines of any other class of street. The point of tangency shall be measured from the point where the off-ramp meets the adjacent traffic lane. No billboard shall be constructed between ramps on an interchange.

d. All signs shall be located a minimum distance of 300 feet from any public right-of-way boundary.

(v) The lot on which a billboard is located shall be improved by landscaping and must be maintained in an acceptable manner.

(vi) Existing billboards are allowed as a principal use of property. Billboards shall be removed from a lot before any building or structure is erected on the lot.

(Ord. 2023-02, passed 5-9-23; Am. Ord. 2024-02, passed 5-14-24)

§ 152.132 NONCONFORMING SIGNS.

(A) Any lawfully constructed nonconforming or any legal sign existing upon the effective date of this section may be maintained and continued at the size existing upon such date except as hereinafter specified.

(B) Upon adoption of this section, a nonconforming sign must not be:

(1) Structurally altered or moved except to bring such nonconforming sign into conformance with this chapter.

(2) Expanded or enlarged.

(3) Repaired or otherwise rehabilitated after damage or deterioration of more than 50%, except to bring into conformance with this section.

(C) All nonconforming signs must be brought into conformance, on a sign-by-sign basis, at the time that a sign is altered. This shall not include routine maintenance as required by this section.

(D) Temporary signs are not entitled to non-conforming status. Such signs must be brought into compliance as directed by the Zoning Administrator.

(Ord. 2023-02, passed 5-9-23)

§ 152.133 ADMINISTRATION.

(A) Permit and fee required. Except as otherwise provided in this section, no sign or structure shall be erected, constructed, altered, rebuilt, or relocated until the required fee as determined by city policy has been paid and a permit has been issued by the city.

(B) Removal of unsafe and illegal signs. The city may require the removal of any unsafe or illegal sign in the following manner:

(1) The Building Official or his or her designee shall give written notice to the owner and/or party responsible for the sign to comply with the standards required by this section in a prescribed time frame and manner.

(2) Signs on private property. Thirty 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 either comply with this section or remove the sign. The owner of the sign, building, structure, or premises shall also, upon removal of any sign, be fully responsible for repairing, replacing and returning the ground, building walls, or other mounting surface to its original condition or to a proper condition consistent with the present appearance of the area building wall or surface.

(3) Signs on public property. The city may impound signs which have been illegally installed upon public property or within public right-of-way or easement. The sign owner may retrieve the signs according to the following:

(a) Fee payment. For impounded signs, there shall be an impoundment and storage fee as shall be revised annually in the City Council Fee Schedule.

(b) Retrieval of sign. The sign shall be retrieved from a designated impound area during routine business hours and within 15 days from the date of impounding. After 15 days, the city will dispose of the sign.

(4) Abandoned signs. Signs located on a building or property that has been vacant or unoccupied for a period of 12 months or more, or a sign which pertains to a time, event, or purpose that no longer applies:

(a) Wall signs (individual letters) - shall be removed.

(b) Wall signs (cabinet) - a blank face shall be inserted in the cabinet.

(Ord. 2023-02, passed 5-9-23)

§ 152.999 PENALTY.

Any person, occupant, property owner or owners, firm, partnership, or corporation violating any provision of this chapter shall be guilty of a misdemeanor and punished as provided in § 10.99. Each date that a violation is permitted to exist shall constitute a separate offense.