70. - SIGN REGULATIONS.
Subd. 1. Purpose and Intent. The purpose of this section is to regulate the number, location, height, size, type, illumination, and other physical characteristics of signs within the City to protect and promote the general welfare, health, safety, and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public right-of-way or private properties. The provisions of this section are intended to encourage creativity, provide a reasonable degree of freedom of choice, provide an opportunity for effective communication, manage and mitigate the aesthetic impact of signage, protect pedestrians and motorists from damage or injury caused by distractions, obstructions, and hazards created by signs, and encourage a sense of concern for visual amenities on the part of those designing, displaying, or otherwise utilizing needed communicative media of the types regulated by this section; while at the same time assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities.
Subd. 2. Message Substitution. The owner of any sign that is otherwise allowed under this section may substitute non-commercial speech in lieu of any other commercial or non-commercial speech. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. This provision does not create a right to increase the total amount of signage on a parcel or allow the substitution of an off-premises commercial message in place of an on-premises commercial message.
Subd. 3. Reserved.
(Source: Ordinance No. 21-2022, 10-27-2022; Ord. No. 21-2023, 12-14-2023; Ordinance No. 04-2025, § 18, 3-4-2025)
Subd. 4. General Provisions Applicable to All Districts.
A.
No sign may be constructed or installed within the City except as permitted by and in compliance with the provisions of this section and with other applicable zoning or building provisions of this Code.
B.
Prohibitions. The following are prohibited in all districts, unless otherwise expressly permitted by this section:
1.
Off-premises signs, except temporary off-premises signs as permitted by subsections G and H of this subdivision 4, or signs permitted as part of a Planned Unit Development.
(Source: Ord. No. 21-2023, 12-14-2023)
2.
Roof signs.
3.
Inflated devices, banners, pennants, and whirling devices.
4.
Portable signs
5.
Projecting signs.
C.
All signs must be constructed, installed, and maintained in a safe and non-deteriorating manner. Cracked, broken, or bent glass, plastic, wood or metal and burnt-out light bulbs and peeling, faded, or cracked paint must be immediately repaired, replaced, or removed.
D.
No sign may be permanently or temporarily placed on or within any public right-of-way or other public property, except traffic signs, other signs pertaining to traffic control or safety, and city entry monument signs.
E.
Notwithstanding any other provisions of this section, all non-commercial signs of any size may be posted forty-six (46) days before the state primary in a state general election year until ten (10) days following the state general election in any general election year and thirteen (13) weeks prior to any special election until ten (10) days following the special election.
(Source: Ordinance No. 21-2022, 10-27-2022)
F.
One (1) temporary, on-premises, free-standing sign may be installed upon any construction site in any district, provided such sign does not exceed thirty-two (32) square feet in area and ten (10) feet in height. Such signs must be removed upon completion of construction, or the occupancy of the building being constructed, whichever occurs first.
G.
Temporary Signs.
1.
For the purposes of this Subdivision 4.G. "project" is defined as land
a.
Encompassed within a plat or a Registered Land Survey approved by the Council within which two (2) or more dwellings are permitted in accordance with City Code; or
b.
For which approval has been given by the Council of a Site Plan and Architectural Design pursuant to Section 11.47 within which two (2) or more dwellings are permitted in accordance with such approval.
For purposes of this subdivision 4.G, no further or subsequent subdivision, platting, replatting, Registered Land Survey, or Site Plan and Architectural Design approval or filing relating to land encompassed within a project will operate to create an additional project or projects within that land or any part thereof.
2.
Temporary off-premises signs may be erected in accordance with the following limitations:
a.
Not more than the following number of signs may be erected for projects containing the following number of acres or dwelling units, whichever is greater:
b.
Signs may be erected for no more than sixty (60) days per calendar year. All signs must be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project.
c.
Signs may not exceed six (6) square feet in size nor extend higher than four (4) feet above the ground.
d.
Signs may be placed on land only with the land owner's permission. Signs may not be placed within or on a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility.
e.
Only one (1) sign per project may be installed upon a lot or parcel of record.
f.
Each sign must include the name and telephone number of the owner of the sign.
g.
Signs may not be placed more than two (2) miles from the project.
(Source: Ord. No. 21-2023, 12-14-2023)
H.
Temporary Single Property Signs.
1.
For purposes of this subdivision 4.H, a "single property" is defined as: (a) a single lot or parcel of record with or without one (1) or more buildings erected thereon; or (b) an individual condominium unit. A lot or parcel of record within a project as defined in Subdivision 4.H does not constitute a single property with respect to the first sale of each building or condominium unit situated on the lot or parcel of record, but will be deemed a single property with respect to sales, after the first sale of each such building or condominium unit thereon.
2.
Temporary, on-premises, free-standing signs may be erected on a single property, in accordance with the following limitations:
a.
A sign may not exceed:
(1)
Six (6) square feet for a single property that meets at least one of the following criteria:
(A)
on which is situated a dwelling;
(B)
which is vacant and located within the One-Family Residential or the Rural District; or
(C)
on which a structure or structures situated thereon are ninety percent (90%) or more, but less than one hundred percent (100%), occupied (as measured by floor area).
(2)
Thirty-two (32) square feet for a single property (other than a single property described in (1)):
(A)
on which a structure or structures situated thereon are less than ninety percent (90%) occupied (as measured by floor area); or
(B)
is vacant.
b.
Not more than one (1) sign for a single property may be erected.
c.
A sign must be removed within seven (7) days following the lease or sale of the single property.
3.
Temporary off-premises signs may be erected in accordance with the following limitations:
a.
No more than two (2) off-premises signs may be erected for a single property.
b.
Signs may be erected for a period not to exceed 4 days
c.
Signs may not exceed six (6) square feet in size and may not be higher than four (4) feet above the ground.
d.
Signs may be placed on land only with the owner's permission. Signs may not be placed within a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility.
e.
Only one (1) sign for a single property may be installed upon any lot or parcel of record.
f.
Each sign must include the name and telephone number of the owner of the sign.
g.
Signs may not be placed more than two (2) miles from the single property.
h.
A sign must be removed within seven (7) days following the lease or sale of the single property.
4.
Where temporary outdoor sales events are permitted by Section 11.44 one (1) temporary on-premises sign not to exceed thirty-two (32) square feet in area and six (6) feet in height may be located on the same parcel as the temporary outdoor sales event area for the duration of the event. The sign may not appear before the set-up of the temporary outdoor sales event and must be removed concurrently with the take down of the temporary outdoor sales event.
(Source: Ord. No. 21-2023, 12-14-2023; Ordinance No. 19-2022, 10-13-2022)
I.
Flags may be displayed in any district. Flags may be up to one hundred (100) square feet in size, which will be in addition to the permitted sign area otherwise allowed for the district. Flag pole height must comply with height regulations contained in Section 11.08, Subdivision 7.
(Source: Ord. No. 21-2023, 12-14-2023)
J.
Canopies, marquees and parapet walls are considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, marquee, or parapet wall, but such structures will not be considered as part of the wall area, and thus will not warrant additional sign area.
K.
Signs that are located on the interior of a building and are not visible from outside of the building are exempt from the provisions of this section, and are not subject to any permitting or fee requirements.
L.
No sign may be attached to any tree, vegetation, or utility pole.
M.
Sign Removal. When any sign or any portion of a sign is removed by the sign owner or property owner, or by the City at the direction of the City Manager or their designee, all structural and electrical elements, members, including all brackets, braces, supports, wires, etc. necessary for the sign or the portion of the sign being removed must also be removed. The owner of the property and the owner of the sign will be jointly and severally responsible for sign removal, including the costs of removal if removed by the City.
N.
No more than thirty-two (32) square feet of signage per drive-thru lane is permitted. No single sign may exceed eight (8) feet in height. Such signage is permitted in addition to the district's permitted sign area.
O.
Where temporary outdoor display areas are permitted by Section 11.44, one (1) temporary on-premises sign not to exceed thirty-two (32) square feet in area and six (6) feet in height may be located on the same site as the temporary outdoor display area for sixty (60) days or less. The sign may not appear before the commencement of the temporary outdoor display area and must be removed concurrently with the temporary outdoor display area.
P.
Illuminated signs must be shielded with a translucent material of sufficient opacity to prevent the visibility of the light source. Indirect light sources must be equipped with a housing and directional vanes. The lights must not be permitted to interfere with traffic signalization.
Q.
A permit for a sign to be located within fifty (50) feet of any public right-of-way or highway regulatory or warning sign, traffic sign or signal, or crossroad or crosswalk, will be issued only if the City determines, in its sole discretion, that:
1.
The sign will not interfere with the ability of drivers and pedestrians to see the public right-of-way, traffic sign or signal, or crossroad or crosswalk;
2.
The sign will not distract drivers or result in confusion as to the meaning of any public right-of-way or highway sign, or any traffic sign or signal; and
3.
The sign will not obstruct clear visibility for traffic and pedestrian movement.
R.
Incidental signs may be no larger than six (6) square feet with a sign base of no more than three (3) square feet. The maximum height for an incidental sign is six (6) feet.
S.
Where permitted by Subdivision 5, no more than one (1) sandwich board sign is permitted per lot or parcel of record unless the lot or parcel contains multiple tenants, in which case one (1) sandwich board sign per tenant is permitted. A sandwich board sign may not be located within any required setbacks, vehicular travel lanes, or within a parking stall and must not obstruct any pedestrian pathways. Sandwich board signs may only be displayed during the operating hours of the user or tenant displaying the sign.
T.
Signs that identify the address of a building are required by the State Building Code and State Fire Code and are permitted in all districts. Any address identification message is not included in the sign area calculation.
U.
For the purposes of this section, "height" means the distance between the uppermost portion of the sign and the average natural grade of the ground immediately below the sign.
(Source: Ord. No. 21-2023, 12-14-2023; Ordinance No. 21-2022, 10-27-2022; Ordinance No. 04-2025, § 18, 3-4-2025)
Subd. 5. District Regulations. In addition to those signs permitted in all districts, the following signs are permitted in each specific district subject to the following conditions and restrictions.
A.
Residential Districts: R, R-1, RM.
1.
Wall Signs. For the R, R-1 and RM-6.5 zoning districts, one (1) wall sign per building not greater than six (6) square feet in area. For the RM-2.5 zoning district, the total wall signage permitted is twenty-five (25) square feet per street frontage.
(Source: Ordinance No. 21-2022, 10-27-2022)
2.
Free-Standing Signs and Yard Signs.
a.
One (1) free-standing sign per development, per street entrance not greater than thirty-two (32) square feet in area and not greater than six (6) feet in height.
b.
Each lot or parcel of record may have one or more yard signs, provided that (i) the total area of all yard signs on the lot or parcel of record may not exceed six (6) square feet, and (ii) no single sign may exceed six (6) square feet in area and three (3) feet in height.
c.
Sign Setback. Signs must not be placed closer than ten (10) feet from any public right-of-way line.
d.
Sign Base. The sign base of a free-standing sign may not exceed one-half (½) the maximum permitted sign area.
e.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
f.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
3.
Temporary signs are permitted only as provided in Subdivision 4.
4.
Incidental signs are permitted in the RM district as provided in Subdivision 4. Incidental signs are not permitted in the R or R-1 districts.
(Source: Ordinance No. 21-2022, 10-27-2022)
B.
Commercial Districts: N-Com, C-Com, C-Hwy, C-Reg-Ser, C-Reg, and MU.
(Source: Ordinance No. 7-2023, 5-11-2023; Ordinance No. 21-2022, 10-27-2022)
1.
Free-standing Signs.
a.
A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
Where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs and incidental signs are exempt from this distance requirement.
(Source: Ord. No. 21-2023, 12-14-2023)
c.
Setback. No sign may be placed closer than twenty (20) feet from any public right-of-way line. Where parking is permitted within the required front yard setback, no sign may be placed closer than fifteen (15) feet from any public right-of-way line.
d.
Height. Free-standing signs may not exceed twenty (20) feet in height.
e.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
f.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
g.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of such wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet.
b.
Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual wall sign in a multi-tenant building exceed three hundred (300) square feet.
3.
Sign Design. Signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area.
4.
Temporary signs are permitted only as provided in Subdivision 4.
5.
Incidental signs are permitted as provided in Subdivision 4.
6.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ordinance No. 21-2022, 10-27-2022)
C.
Office District.
1.
Free-standing Signs.
a.
A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
Where a lot or parcel of record has two (2) or more frontages, one (1) free-standing sign not to exceed eighty (80) square foot sign is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance.
c.
Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line.
d.
Height. Free-standing signs may not exceed eight (8) feet in height.
e.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
f.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
g.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
For façades with street frontage, the total area of wall signage may not exceed fifty (50) square feet when the surface area of the wall does not exceed two thousand five hundred (2,500) square feet. When the surface area exceeds two thousand five hundred (2,500) square feet, the total area of wall signage may not exceed two percent (2%) of the total surface area, not to exceed a maximum sign area of one hundred fifty (150) square feet.
b.
For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor not to exceed thirty (30) square feet is permitted in addition to the signage allowed in item 2.a above.
c.
Square foot allowances for wall signs may be divided between multiple signs so long as the total square footage per façade does not exceed the maximum allowed in this item 2.
3.
Temporary signs are only permitted as provided in Subdivision 4.
4.
Incidental signs are permitted as provided in Subdivision 4.
5.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ordinance No. 21-2022, 10-27-2022)
D.
Industrial District: I-2, I-5, and I-GEN.
(Source: Ordinance No. 21-2022, 10-27-2022)
1.
Free-standing Signs.
a.
A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
Where a building site has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed fifty (50) square feet. Each allowed sign must be located on the street frontage generating the allowance.
c.
Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line.
d.
Height. No free-standing sign may exceed eight (8) feet in height.
e.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
f.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
g.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
Wall signage per street frontage not to exceed eighty (80) square feet is permitted.
b.
Wall signage per leasable space attached to the exterior wall of the building at the ground floor is permitted, not to exceed ten percent (10%) of the wall area that tenant occupies of the wall to which it is affixed, or a maximum of fifty (50) square feet.
(Source: Ord. No. 21-2023, 12-14-2023)
3.
Temporary Signs are only permitted as provided in Subdivision 4.
4.
Sign Design. All signs shall be uniform in design, color, and placement.
5.
Incidental signs are permitted as provided in Subdivision 4.
6.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ordinance No. 21-2022, 10-27-2022)
E.
Planned Unit Development (PUD). A Planned Unit Development must comply with the sign requirements of the underlying zoning district unless a waiver from those requirements is granted as part of the PUD approval process or through a PUD amendment under Section 11.40, or a variance is granted as provided by subdivision 8.E of this section.
F.
Public District and Parks/Open Space District.
1.
Free-standing Signs.
a.
A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
Where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on any one frontage, and the additional frontages are each permitted one (1) free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance.
c.
Setback. No sign may be placed closer than ten (10) feet from any public right-of-way.
d.
Height. Free-standing signs may not exceed eight (8) feet in height.
e.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
f.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
g.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
Wall signage per street frontage not to exceed fifty (50) square feet is permitted.
b.
Wall signage per accessory building attached to the exterior wall of the accessory building at the ground floor not to exceed thirty (30) square feet is permitted.
c.
Signs must be uniform in design.
3.
Temporary Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty-two (32) square feet.
4.
Incidental signs are permitted as provided in Subdivision 4.
5.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ord. No. 21-2023, 12-14-2023; Ordinance No. 21-2022, 10-27-2022)
G.
Golf Course District.
1.
Free-standing Signs.
a.
One (1) free-standing sign per street frontage not to exceed fifty (50) square feet is permitted.
b.
Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line.
c.
Height. A free-standing sign may not exceed eight (8) feet in height.
d.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
e.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
f.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs. Wall signage per building not to exceed twenty-four (24) square feet is permitted. Where a building is located on a corner lot, one (1) sign may be located on each wall facing a street provided wall signage does not exceed twenty-four (24) square feet and the other wall sign does not exceed eighteen (18) square feet. All walls signs must be uniform in design.
3.
Temporary On-Premises Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty-two (32) square feet.
4.
Incidental signs are permitted as provided in Subdivision 4.
5.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ord. No. 21-2023, 12-14-2023; Ordinance No. 21-2022, 10-27-2022)
H.
Airport.
1.
Wall Signs.
a.
Wall signs are only permitted on buildings operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission.
b.
Walls Not Facing Runway. The total area of all wall signs on any wall not facing a runway may not exceed fifteen (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall areas exceeds five hundred (500) square feet, the total area of a wall sign may not exceed seventy-five (75) square feet, plus five percent (5%) of the wall area in excess of five hundred (500) square feet, provided that the maximum sign area for any wall sign is three hundred (300) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies.
c.
Walls facing runway. The total area of all wall signs for walls facing a runway may not exceed thirty percent (30%) of the wall area. The maximum total wall sign area may not exceed four hundred (400) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies.
2.
Free-standing Signs.
a.
Building sites operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission are permitted two (2) free-standing signs , provided one (1) of the signs is on the side of the building facing the runway. The total area of each sign may not exceed eighty (80) square feet. The maximum height of free-standing signs may not exceed twenty (20) feet.
b.
Property operated by the Metropolitan Airports Commission is permitted one (1) free-standing sign per street frontage not to exceed eighty (80) square feet in total area and twenty (20) feet in height.
c.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
d.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
3.
Gate Signs: Only the Metropolitan Airports Commission may erect such signs. One (1) sign at each gate is allowed not to exceed thirty-two (32) square feet in total area and ten (10) feet in height.
4.
Incidental signs are permitted as provided in Subdivision 4.
5.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ordinance No. 21-2022, 10-27-2022)
I.
Town Center and TOD Districts: TOD-E, TOD-MU, TOD-R, TC-C, TC-R, and TC-MU.
1.
Free-standing Signs.
a.
For TOD-E, TOD-MU, TC-C and TC-MU, a lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
For TOD-E, TOD-MU, TC-C and TC-MU, where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are exempt from this distance requirement.
c.
For the TOD-R and TC-R districts, one (1) sign not to exceed thirty-two (32) square feet is permitted per street entrance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line.
d.
Setback. Signs need not be setback from the property line, so long as there is no conflict with public utilities or traffic sight lines as determined by the City Engineer.
e.
Height. Maximum height may not exceed twenty (20) feet when located along arterial roadways. The location of the sign must be on the side of parcel abutting the arterial roadway. When located along collector, local, or private roadways, maximum height may not exceed eight (8) feet.
f.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
g.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
h.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, a wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet.
b.
Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual tenant wall sign in a multi-tenant building exceed three hundred (300) square feet.
c.
In the TOD-R and TC-R districts and for residential portions of mixed-use buildings, twenty-five (25) square feet of wall signage located at the ground floor of the building is permitted per street frontage.
In addition to the signage allowed at the ground floor, residential portions of buildings, either single or mixed-use, are allowed one (1) wall sign above the ground floor. Signs located above the ground floor are allowed ten (10) square feet of sign area per story of the building, up to fifty (50) square feet. The size of the sign must correlate to the sign's location on the building, not the overall height of the building, as outlined in the following table. The ground floor sign allowance may not be added to upper story sign allowance to create one (1) or more signs larger than fifty (50) square feet.
d.
Wall signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area.
3.
Projecting signs are permitted in all TOD and TC zoning districts. Projecting signs will be counted as part of the total allowable wall signage but the area of the projecting sign will not be counted as part of the total wall area. A projecting sign may not exceed ten (10) square feet. The distance between sign faces must be no more than twenty (20) degrees or twelve (12) inches. Projecting signs are limited to a projection distance of not more than four (4) feet from the building façade onto which it is attached. A projecting sign may not project into the public right-of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Signs may not project onto private property without an encroachment agreement that has been approved by the City and recorded with the County.
4.
Awning signs are permitted in all TOD and TC zoning districts. An awning sign is permitted only as an integral part of the awning to which it is attached or applied and must be parallel to the building. Awning signs will be counted as part of the total allowable wall signage for the building but the awning area will not be counted as part of the total wall area. Signs on awnings are permitted on both the awning flap (valance) and awning face (shed). Awning signs extending over a public sidewalk are limited to a projection distance of not more than four (4) feet from the building façade onto which it is attached. An awning may not project into the public right-of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Awning signs may not extend onto private property without an encroachment agreement that has been approved by the City and recorded with the County.
5.
Temporary signs are permitted only as provided in Subdivision 4.
6.
Parking Structures. Parking structures are allowed twenty (20) square feet of wall signage per entrance to the structure. Signs must be located near the entrance to the parking structure.
7.
Incidental signs are permitted as provided in Subdivision 4.
8.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ordinance No. 21-2022, 10-27-2022)
J.
Flex Service District: FS.
1.
Free-standing Signs.
a.
A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
Where a building site has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed fifty (50) square feet. Each allowed sign must be located on the street frontage generating the allowance.
c.
Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line.
d.
Height. No free-standing sign may exceed eight (8) feet in height.
e.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
f.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
g.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
For façades with street frontage, the total wall signage may not exceed eighty (80) square feet.
b.
For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor is permitted, not to exceed fifteen percent (15%) of the wall area that tenant occupies of the wall to which it is affixed, up to a maximum of fifty (50) square feet.
c.
Temporary Signs are only permitted as provided in Subdivision 4.
d.
Sign Design. All signs shall be uniform in design, color, and placement.
e.
Incidental signs are permitted as provided in Subdivision 4.
f.
Sandwich board signs are permitted as provided in Subdivision 4.
(Ord. No. 11-2023, 8-24-2023)
Subd. 6. Dynamic Displays.
A.
Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes.
Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character.
The City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety.
B.
Permitted Sign Type and Locations. Dynamic displays are permitted solely as free-standing signs and only in the Commercial Regional (C-Reg), Commercial Regional Service (C-Reg-Ser), Community Commercial (C-Com), Neighborhood Commercial (N-Com) Office (OFC), Town Center (TC-C), Public (Pu), Parks and Open Space (P), Industrial (I, I-2, I-5 and I-Gen), TOD-MU (if the project includes commercial uses) and TOD-E (if the project includes industrial uses) zoning districts.
C.
Duration of Image. A dynamic display's image, or any portion thereof, may not change more often than once every 20 minutes, except when changes are necessary to correct hour-and-minute, date, or temperature information. A display of time, date, or temperature must remain for at least twenty (20) minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three (3) seconds.
D.
Transition. If a dynamic display's image or any portion thereof changes, the change sequence must be instantaneous without any special effects.
E.
Prohibition on Video Display. No portion of a dynamic display may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind.
F.
Prohibition on Fluctuating or Flashing Illumination. No portion of a dynamic display image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement.
G.
Audio. Dynamic displays may not be equipped with audio speakers.
H.
Malfunctions. Dynamic displays must be designed and equipped to freeze the sign face in one (1) position if a malfunction occurs. Dynamic displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display upon malfunction or when notified by the City that it is not complying with the standards of this ordinance.
I.
Brightness. All dynamic displays must meet the following brightness standards:
1.
No dynamic display may exceed a maximum illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum illumination of five hundred (500) nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness.
2.
All dynamic displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically controls the sign's brightness to comply with the requirements of this section.
3.
No dynamic display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal.
4.
The owner or controller of the dynamic display must adjust the sign to meet these brightness standards in accordance with the City's instructions. The adjustment must be made immediately upon notice of non-compliance from the City.
5.
The owner or controller must provide to the City a written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by this section and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards.
J.
Dynamic displays are allowed only on free standing signs in the permitted districts. Dynamic displays may occupy no more than thirty-five percent (35%) percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one (1), contiguous dynamic display area is allowed on a sign face.
Subd. 7. Administration and Enforcement.
A.
Permits. Except as provided in subparagraph B below, the owner or occupant of the premises on which a sign is to be displayed, or the owner or installer of such sign, must file an application with the City for permission to display the sign. Permits are required for all existing, new, relocated, modified, or redesigned signs. The applicant must complete the application form provided by the City and submit with the application a complete description of the sign and a sketch showing its size, location, manner of construction, and such other information as is necessary to inform the City of the proposed kind, size, material, construction, and location of the sign. The applicant must also submit at the time of application the then-current application fee set by Council ordinance or resolution. The City Manager or their designee will approve or deny the sign permit no more than thirty (30) days from the receipt of the complete application and the applicable fee. If a sign authorized by permit has not been installed within three (3) months after the date of issuance of the permit, the City Manager may, at their sole discretion, revoke the permit.
B.
Exemptions. The exemptions permitted by this subparagraph apply only to the requirement of a permit, and may not be construed as excusing the installer of the sign, or the owner of the property upon which the sign is located, from conforming with the other provisions of this section. No permit is required under this subdivision for the following signs:
1.
A window sign placed within a building and not exceeding ten percent (10%) of the window area.
2.
Signs erected by a governmental unit or public school district.
3.
Temporary signs.
4.
Signs or tablets when cut or built into the walls of a building and constructed of bronze, stone, or marble.
5.
Incidental signs.
6.
Flags.
7.
Yard signs.
8.
Sandwich board signs.
(Source: Ordinance No. 21-2022, 10-27-2022)
Subd.
8. Violations and Enforcement.
A.
It is unlawful for any person to violate the provisions of this section.
B.
If the City finds that:
1.
any sign regulated by this section is prohibited as to size, location, type, number, height, or method of construction, or is unsafe, insecure, or a menace to the public;
2.
any sign for which a permit is required has been constructed or erected without a permit having been granted to the installer of the sign or to the owner of the property upon which the sign has been erected; or
3.
any sign is improperly maintained or is in violation of any other provisions of this section;
the City will give written notice of such violation to the owner of the property and/or the permit holder, as applicable. If the owner or permit holder fails to remove or alter the sign so as to comply with this section within three (3) days following receipt of the notice, the sign will be deemed to be a nuisance and may be abated by the City by proceedings taken under Minnesota Statutes Chapter 429, and the cost of abatement, including administrative expenses and attorney's fees, may be levied as a special assessment against the property upon which the sign is located.
C.
Each period of three (3) days within which the sign is not removed or altered as required by the City will be deemed to constitute another violation of this section. No additional City licenses, permits, or other approvals will be granted to anyone in violation of the terms of this section, or to anyone responsible for the continuance of the violation, until such violation is either corrected or satisfactory arrangements, in the opinion of the City Manager or their designee, have been made towards the correction of the violation. The City may also withhold building permits for any construction related to a sign maintained in violation of this section. Pursuant to Minnesota Statutes Section 160.27, the City may remove and destroy signs placed within the public right-of-way with no such notice of violation required.
D.
Appeals. The property owner, permit applicant, or permit holder, as applicable, may appeal any order or determination made by the City pursuant to this section by filing a written appeal with the City Clerk within ten (10) days of the mailing of notice of the order or determination to the owner, applicant, or holder. A notice of appeal must be in writing and must be personally served upon the City Clerk or deputy within the time provided. Appeals will be heard by the Board of Adjustments and Appeals pursuant to Section 2.26, Subdivision 2.B.
E.
Variances. A property owner, permit applicant, or permit holder may request a variance from the literal terms of this section before the Board of Adjustments and Appeals by filing a form provided by the City and paying the prescribed fees to the City Clerk. Request for variances from the literal provisions of this section will be considered in accordance with City Code Sections 2.26, Subdivision 2.B, and Section 11.76.
F.
With respect to signs distributed or posted by a person, committee, or organization except pursuant to a lease or license with the property owner, the written notice of violation required by Subdivision 8.B. herein may be given to the person, committee, or organization who prepares, disseminates, issues, posts, installs or owns the sign, or the person, committee, or organization who causes the preparation, dissemination, issuance, posting, or installation of the sign, or the owner or occupant of the premises on which such sign is displayed. If such person, committee, organization, owner, or occupant fails to remove or alter the sign so as to comply with the provision set forth in this section within three (3) days following receipt of said notice, then such failure is deemed unlawful and such persons, committee, organization, owner, or occupant will be subject to the same liabilities and penalties as are permittees and owners under Subdivision 8.B and C.
(Source: Ordinance No. 4-2022, 2-17-2022)
Editor's note— Ordinance No. 4-2022, adopted Feb. 17, 2022, repealed and reenacted Section 11.70 to read as set out herein. Former Section 11-70 pertained to Sign Permits, and derived from Ord. No. 261, adopted Oct. 25, 1974; Ord. No. 78-13, adopted May 26, 1978; Ord. No. 18-82, adopted Sept. 17, 1982; Ord. No. 37-83, adopted Sept. 30, 1983; Ord. No. 72-84, adopted April 5, 1984; Ord. No. 105-84, adopted Sept. 19, 1984; Ord. No. 114-84, adopted Nov. 1, 1984; Ord. No. 9-87, adopted May 7, 1987; Ord. No. 1-90, adopted Feb. 1, 1990; Ord. No. 18-91, adopted Aug. 23, 1991; Ord. No. 31-94, adopted Sept. 16, 1994; Ord. No. 2-95, adopted Feb. 17, 1995; Ord. No. 50-94, adopted Jan. 6, 1995; Ord. adopted Dec. 21, 1999; Ord. No. 3-2000, adopted Jan. 27, 2000; Ord. No. 14-2000, adopted April 27, 2000; Ord. No. 11-2004, adopted April 1, 2004; Ord. No. 33-2004, adopted Dec. 30, 2004; Ord. No. 17-2005, adopted Sept. 15, 2005; Ord. No. 2-2007, adopted Jan. 23, 2007; Ordinance 8-2008, adopted March 27, 2008; Ord. No. 10-2008, adopted April 24, 2008; Ord. No. 12-2008, adopted April 24, 2008; Ord. No. 7-2010, adopted May 13, 2010; Ord. No. 15-2011, adopted Dec. 15, 2011; Ord. No. 20-2013, adopted Dec. 12, 2013; Ord. No. 11-2015, adopted Sept. 24, 2015; and Ord. No. 25-2016, adopted Oct. 27, 2016.
70. - SIGN REGULATIONS.
Subd. 1. Purpose and Intent. The purpose of this section is to regulate the number, location, height, size, type, illumination, and other physical characteristics of signs within the City to protect and promote the general welfare, health, safety, and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public right-of-way or private properties. The provisions of this section are intended to encourage creativity, provide a reasonable degree of freedom of choice, provide an opportunity for effective communication, manage and mitigate the aesthetic impact of signage, protect pedestrians and motorists from damage or injury caused by distractions, obstructions, and hazards created by signs, and encourage a sense of concern for visual amenities on the part of those designing, displaying, or otherwise utilizing needed communicative media of the types regulated by this section; while at the same time assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities.
Subd. 2. Message Substitution. The owner of any sign that is otherwise allowed under this section may substitute non-commercial speech in lieu of any other commercial or non-commercial speech. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. This provision does not create a right to increase the total amount of signage on a parcel or allow the substitution of an off-premises commercial message in place of an on-premises commercial message.
Subd. 3. Reserved.
(Source: Ordinance No. 21-2022, 10-27-2022; Ord. No. 21-2023, 12-14-2023; Ordinance No. 04-2025, § 18, 3-4-2025)
Subd. 4. General Provisions Applicable to All Districts.
A.
No sign may be constructed or installed within the City except as permitted by and in compliance with the provisions of this section and with other applicable zoning or building provisions of this Code.
B.
Prohibitions. The following are prohibited in all districts, unless otherwise expressly permitted by this section:
1.
Off-premises signs, except temporary off-premises signs as permitted by subsections G and H of this subdivision 4, or signs permitted as part of a Planned Unit Development.
(Source: Ord. No. 21-2023, 12-14-2023)
2.
Roof signs.
3.
Inflated devices, banners, pennants, and whirling devices.
4.
Portable signs
5.
Projecting signs.
C.
All signs must be constructed, installed, and maintained in a safe and non-deteriorating manner. Cracked, broken, or bent glass, plastic, wood or metal and burnt-out light bulbs and peeling, faded, or cracked paint must be immediately repaired, replaced, or removed.
D.
No sign may be permanently or temporarily placed on or within any public right-of-way or other public property, except traffic signs, other signs pertaining to traffic control or safety, and city entry monument signs.
E.
Notwithstanding any other provisions of this section, all non-commercial signs of any size may be posted forty-six (46) days before the state primary in a state general election year until ten (10) days following the state general election in any general election year and thirteen (13) weeks prior to any special election until ten (10) days following the special election.
(Source: Ordinance No. 21-2022, 10-27-2022)
F.
One (1) temporary, on-premises, free-standing sign may be installed upon any construction site in any district, provided such sign does not exceed thirty-two (32) square feet in area and ten (10) feet in height. Such signs must be removed upon completion of construction, or the occupancy of the building being constructed, whichever occurs first.
G.
Temporary Signs.
1.
For the purposes of this Subdivision 4.G. "project" is defined as land
a.
Encompassed within a plat or a Registered Land Survey approved by the Council within which two (2) or more dwellings are permitted in accordance with City Code; or
b.
For which approval has been given by the Council of a Site Plan and Architectural Design pursuant to Section 11.47 within which two (2) or more dwellings are permitted in accordance with such approval.
For purposes of this subdivision 4.G, no further or subsequent subdivision, platting, replatting, Registered Land Survey, or Site Plan and Architectural Design approval or filing relating to land encompassed within a project will operate to create an additional project or projects within that land or any part thereof.
2.
Temporary off-premises signs may be erected in accordance with the following limitations:
a.
Not more than the following number of signs may be erected for projects containing the following number of acres or dwelling units, whichever is greater:
b.
Signs may be erected for no more than sixty (60) days per calendar year. All signs must be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project.
c.
Signs may not exceed six (6) square feet in size nor extend higher than four (4) feet above the ground.
d.
Signs may be placed on land only with the land owner's permission. Signs may not be placed within or on a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility.
e.
Only one (1) sign per project may be installed upon a lot or parcel of record.
f.
Each sign must include the name and telephone number of the owner of the sign.
g.
Signs may not be placed more than two (2) miles from the project.
(Source: Ord. No. 21-2023, 12-14-2023)
H.
Temporary Single Property Signs.
1.
For purposes of this subdivision 4.H, a "single property" is defined as: (a) a single lot or parcel of record with or without one (1) or more buildings erected thereon; or (b) an individual condominium unit. A lot or parcel of record within a project as defined in Subdivision 4.H does not constitute a single property with respect to the first sale of each building or condominium unit situated on the lot or parcel of record, but will be deemed a single property with respect to sales, after the first sale of each such building or condominium unit thereon.
2.
Temporary, on-premises, free-standing signs may be erected on a single property, in accordance with the following limitations:
a.
A sign may not exceed:
(1)
Six (6) square feet for a single property that meets at least one of the following criteria:
(A)
on which is situated a dwelling;
(B)
which is vacant and located within the One-Family Residential or the Rural District; or
(C)
on which a structure or structures situated thereon are ninety percent (90%) or more, but less than one hundred percent (100%), occupied (as measured by floor area).
(2)
Thirty-two (32) square feet for a single property (other than a single property described in (1)):
(A)
on which a structure or structures situated thereon are less than ninety percent (90%) occupied (as measured by floor area); or
(B)
is vacant.
b.
Not more than one (1) sign for a single property may be erected.
c.
A sign must be removed within seven (7) days following the lease or sale of the single property.
3.
Temporary off-premises signs may be erected in accordance with the following limitations:
a.
No more than two (2) off-premises signs may be erected for a single property.
b.
Signs may be erected for a period not to exceed 4 days
c.
Signs may not exceed six (6) square feet in size and may not be higher than four (4) feet above the ground.
d.
Signs may be placed on land only with the owner's permission. Signs may not be placed within a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility.
e.
Only one (1) sign for a single property may be installed upon any lot or parcel of record.
f.
Each sign must include the name and telephone number of the owner of the sign.
g.
Signs may not be placed more than two (2) miles from the single property.
h.
A sign must be removed within seven (7) days following the lease or sale of the single property.
4.
Where temporary outdoor sales events are permitted by Section 11.44 one (1) temporary on-premises sign not to exceed thirty-two (32) square feet in area and six (6) feet in height may be located on the same parcel as the temporary outdoor sales event area for the duration of the event. The sign may not appear before the set-up of the temporary outdoor sales event and must be removed concurrently with the take down of the temporary outdoor sales event.
(Source: Ord. No. 21-2023, 12-14-2023; Ordinance No. 19-2022, 10-13-2022)
I.
Flags may be displayed in any district. Flags may be up to one hundred (100) square feet in size, which will be in addition to the permitted sign area otherwise allowed for the district. Flag pole height must comply with height regulations contained in Section 11.08, Subdivision 7.
(Source: Ord. No. 21-2023, 12-14-2023)
J.
Canopies, marquees and parapet walls are considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, marquee, or parapet wall, but such structures will not be considered as part of the wall area, and thus will not warrant additional sign area.
K.
Signs that are located on the interior of a building and are not visible from outside of the building are exempt from the provisions of this section, and are not subject to any permitting or fee requirements.
L.
No sign may be attached to any tree, vegetation, or utility pole.
M.
Sign Removal. When any sign or any portion of a sign is removed by the sign owner or property owner, or by the City at the direction of the City Manager or their designee, all structural and electrical elements, members, including all brackets, braces, supports, wires, etc. necessary for the sign or the portion of the sign being removed must also be removed. The owner of the property and the owner of the sign will be jointly and severally responsible for sign removal, including the costs of removal if removed by the City.
N.
No more than thirty-two (32) square feet of signage per drive-thru lane is permitted. No single sign may exceed eight (8) feet in height. Such signage is permitted in addition to the district's permitted sign area.
O.
Where temporary outdoor display areas are permitted by Section 11.44, one (1) temporary on-premises sign not to exceed thirty-two (32) square feet in area and six (6) feet in height may be located on the same site as the temporary outdoor display area for sixty (60) days or less. The sign may not appear before the commencement of the temporary outdoor display area and must be removed concurrently with the temporary outdoor display area.
P.
Illuminated signs must be shielded with a translucent material of sufficient opacity to prevent the visibility of the light source. Indirect light sources must be equipped with a housing and directional vanes. The lights must not be permitted to interfere with traffic signalization.
Q.
A permit for a sign to be located within fifty (50) feet of any public right-of-way or highway regulatory or warning sign, traffic sign or signal, or crossroad or crosswalk, will be issued only if the City determines, in its sole discretion, that:
1.
The sign will not interfere with the ability of drivers and pedestrians to see the public right-of-way, traffic sign or signal, or crossroad or crosswalk;
2.
The sign will not distract drivers or result in confusion as to the meaning of any public right-of-way or highway sign, or any traffic sign or signal; and
3.
The sign will not obstruct clear visibility for traffic and pedestrian movement.
R.
Incidental signs may be no larger than six (6) square feet with a sign base of no more than three (3) square feet. The maximum height for an incidental sign is six (6) feet.
S.
Where permitted by Subdivision 5, no more than one (1) sandwich board sign is permitted per lot or parcel of record unless the lot or parcel contains multiple tenants, in which case one (1) sandwich board sign per tenant is permitted. A sandwich board sign may not be located within any required setbacks, vehicular travel lanes, or within a parking stall and must not obstruct any pedestrian pathways. Sandwich board signs may only be displayed during the operating hours of the user or tenant displaying the sign.
T.
Signs that identify the address of a building are required by the State Building Code and State Fire Code and are permitted in all districts. Any address identification message is not included in the sign area calculation.
U.
For the purposes of this section, "height" means the distance between the uppermost portion of the sign and the average natural grade of the ground immediately below the sign.
(Source: Ord. No. 21-2023, 12-14-2023; Ordinance No. 21-2022, 10-27-2022; Ordinance No. 04-2025, § 18, 3-4-2025)
Subd. 5. District Regulations. In addition to those signs permitted in all districts, the following signs are permitted in each specific district subject to the following conditions and restrictions.
A.
Residential Districts: R, R-1, RM.
1.
Wall Signs. For the R, R-1 and RM-6.5 zoning districts, one (1) wall sign per building not greater than six (6) square feet in area. For the RM-2.5 zoning district, the total wall signage permitted is twenty-five (25) square feet per street frontage.
(Source: Ordinance No. 21-2022, 10-27-2022)
2.
Free-Standing Signs and Yard Signs.
a.
One (1) free-standing sign per development, per street entrance not greater than thirty-two (32) square feet in area and not greater than six (6) feet in height.
b.
Each lot or parcel of record may have one or more yard signs, provided that (i) the total area of all yard signs on the lot or parcel of record may not exceed six (6) square feet, and (ii) no single sign may exceed six (6) square feet in area and three (3) feet in height.
c.
Sign Setback. Signs must not be placed closer than ten (10) feet from any public right-of-way line.
d.
Sign Base. The sign base of a free-standing sign may not exceed one-half (½) the maximum permitted sign area.
e.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
f.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
3.
Temporary signs are permitted only as provided in Subdivision 4.
4.
Incidental signs are permitted in the RM district as provided in Subdivision 4. Incidental signs are not permitted in the R or R-1 districts.
(Source: Ordinance No. 21-2022, 10-27-2022)
B.
Commercial Districts: N-Com, C-Com, C-Hwy, C-Reg-Ser, C-Reg, and MU.
(Source: Ordinance No. 7-2023, 5-11-2023; Ordinance No. 21-2022, 10-27-2022)
1.
Free-standing Signs.
a.
A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
Where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs and incidental signs are exempt from this distance requirement.
(Source: Ord. No. 21-2023, 12-14-2023)
c.
Setback. No sign may be placed closer than twenty (20) feet from any public right-of-way line. Where parking is permitted within the required front yard setback, no sign may be placed closer than fifteen (15) feet from any public right-of-way line.
d.
Height. Free-standing signs may not exceed twenty (20) feet in height.
e.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
f.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
g.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of such wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet.
b.
Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual wall sign in a multi-tenant building exceed three hundred (300) square feet.
3.
Sign Design. Signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area.
4.
Temporary signs are permitted only as provided in Subdivision 4.
5.
Incidental signs are permitted as provided in Subdivision 4.
6.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ordinance No. 21-2022, 10-27-2022)
C.
Office District.
1.
Free-standing Signs.
a.
A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
Where a lot or parcel of record has two (2) or more frontages, one (1) free-standing sign not to exceed eighty (80) square foot sign is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance.
c.
Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line.
d.
Height. Free-standing signs may not exceed eight (8) feet in height.
e.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
f.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
g.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
For façades with street frontage, the total area of wall signage may not exceed fifty (50) square feet when the surface area of the wall does not exceed two thousand five hundred (2,500) square feet. When the surface area exceeds two thousand five hundred (2,500) square feet, the total area of wall signage may not exceed two percent (2%) of the total surface area, not to exceed a maximum sign area of one hundred fifty (150) square feet.
b.
For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor not to exceed thirty (30) square feet is permitted in addition to the signage allowed in item 2.a above.
c.
Square foot allowances for wall signs may be divided between multiple signs so long as the total square footage per façade does not exceed the maximum allowed in this item 2.
3.
Temporary signs are only permitted as provided in Subdivision 4.
4.
Incidental signs are permitted as provided in Subdivision 4.
5.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ordinance No. 21-2022, 10-27-2022)
D.
Industrial District: I-2, I-5, and I-GEN.
(Source: Ordinance No. 21-2022, 10-27-2022)
1.
Free-standing Signs.
a.
A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
Where a building site has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed fifty (50) square feet. Each allowed sign must be located on the street frontage generating the allowance.
c.
Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line.
d.
Height. No free-standing sign may exceed eight (8) feet in height.
e.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
f.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
g.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
Wall signage per street frontage not to exceed eighty (80) square feet is permitted.
b.
Wall signage per leasable space attached to the exterior wall of the building at the ground floor is permitted, not to exceed ten percent (10%) of the wall area that tenant occupies of the wall to which it is affixed, or a maximum of fifty (50) square feet.
(Source: Ord. No. 21-2023, 12-14-2023)
3.
Temporary Signs are only permitted as provided in Subdivision 4.
4.
Sign Design. All signs shall be uniform in design, color, and placement.
5.
Incidental signs are permitted as provided in Subdivision 4.
6.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ordinance No. 21-2022, 10-27-2022)
E.
Planned Unit Development (PUD). A Planned Unit Development must comply with the sign requirements of the underlying zoning district unless a waiver from those requirements is granted as part of the PUD approval process or through a PUD amendment under Section 11.40, or a variance is granted as provided by subdivision 8.E of this section.
F.
Public District and Parks/Open Space District.
1.
Free-standing Signs.
a.
A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
Where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on any one frontage, and the additional frontages are each permitted one (1) free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance.
c.
Setback. No sign may be placed closer than ten (10) feet from any public right-of-way.
d.
Height. Free-standing signs may not exceed eight (8) feet in height.
e.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
f.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
g.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
Wall signage per street frontage not to exceed fifty (50) square feet is permitted.
b.
Wall signage per accessory building attached to the exterior wall of the accessory building at the ground floor not to exceed thirty (30) square feet is permitted.
c.
Signs must be uniform in design.
3.
Temporary Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty-two (32) square feet.
4.
Incidental signs are permitted as provided in Subdivision 4.
5.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ord. No. 21-2023, 12-14-2023; Ordinance No. 21-2022, 10-27-2022)
G.
Golf Course District.
1.
Free-standing Signs.
a.
One (1) free-standing sign per street frontage not to exceed fifty (50) square feet is permitted.
b.
Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line.
c.
Height. A free-standing sign may not exceed eight (8) feet in height.
d.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
e.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
f.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs. Wall signage per building not to exceed twenty-four (24) square feet is permitted. Where a building is located on a corner lot, one (1) sign may be located on each wall facing a street provided wall signage does not exceed twenty-four (24) square feet and the other wall sign does not exceed eighteen (18) square feet. All walls signs must be uniform in design.
3.
Temporary On-Premises Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty-two (32) square feet.
4.
Incidental signs are permitted as provided in Subdivision 4.
5.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ord. No. 21-2023, 12-14-2023; Ordinance No. 21-2022, 10-27-2022)
H.
Airport.
1.
Wall Signs.
a.
Wall signs are only permitted on buildings operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission.
b.
Walls Not Facing Runway. The total area of all wall signs on any wall not facing a runway may not exceed fifteen (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall areas exceeds five hundred (500) square feet, the total area of a wall sign may not exceed seventy-five (75) square feet, plus five percent (5%) of the wall area in excess of five hundred (500) square feet, provided that the maximum sign area for any wall sign is three hundred (300) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies.
c.
Walls facing runway. The total area of all wall signs for walls facing a runway may not exceed thirty percent (30%) of the wall area. The maximum total wall sign area may not exceed four hundred (400) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies.
2.
Free-standing Signs.
a.
Building sites operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission are permitted two (2) free-standing signs , provided one (1) of the signs is on the side of the building facing the runway. The total area of each sign may not exceed eighty (80) square feet. The maximum height of free-standing signs may not exceed twenty (20) feet.
b.
Property operated by the Metropolitan Airports Commission is permitted one (1) free-standing sign per street frontage not to exceed eighty (80) square feet in total area and twenty (20) feet in height.
c.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
d.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
3.
Gate Signs: Only the Metropolitan Airports Commission may erect such signs. One (1) sign at each gate is allowed not to exceed thirty-two (32) square feet in total area and ten (10) feet in height.
4.
Incidental signs are permitted as provided in Subdivision 4.
5.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ordinance No. 21-2022, 10-27-2022)
I.
Town Center and TOD Districts: TOD-E, TOD-MU, TOD-R, TC-C, TC-R, and TC-MU.
1.
Free-standing Signs.
a.
For TOD-E, TOD-MU, TC-C and TC-MU, a lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
For TOD-E, TOD-MU, TC-C and TC-MU, where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are exempt from this distance requirement.
c.
For the TOD-R and TC-R districts, one (1) sign not to exceed thirty-two (32) square feet is permitted per street entrance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line.
d.
Setback. Signs need not be setback from the property line, so long as there is no conflict with public utilities or traffic sight lines as determined by the City Engineer.
e.
Height. Maximum height may not exceed twenty (20) feet when located along arterial roadways. The location of the sign must be on the side of parcel abutting the arterial roadway. When located along collector, local, or private roadways, maximum height may not exceed eight (8) feet.
f.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
g.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
h.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, a wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet.
b.
Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual tenant wall sign in a multi-tenant building exceed three hundred (300) square feet.
c.
In the TOD-R and TC-R districts and for residential portions of mixed-use buildings, twenty-five (25) square feet of wall signage located at the ground floor of the building is permitted per street frontage.
In addition to the signage allowed at the ground floor, residential portions of buildings, either single or mixed-use, are allowed one (1) wall sign above the ground floor. Signs located above the ground floor are allowed ten (10) square feet of sign area per story of the building, up to fifty (50) square feet. The size of the sign must correlate to the sign's location on the building, not the overall height of the building, as outlined in the following table. The ground floor sign allowance may not be added to upper story sign allowance to create one (1) or more signs larger than fifty (50) square feet.
d.
Wall signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area.
3.
Projecting signs are permitted in all TOD and TC zoning districts. Projecting signs will be counted as part of the total allowable wall signage but the area of the projecting sign will not be counted as part of the total wall area. A projecting sign may not exceed ten (10) square feet. The distance between sign faces must be no more than twenty (20) degrees or twelve (12) inches. Projecting signs are limited to a projection distance of not more than four (4) feet from the building façade onto which it is attached. A projecting sign may not project into the public right-of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Signs may not project onto private property without an encroachment agreement that has been approved by the City and recorded with the County.
4.
Awning signs are permitted in all TOD and TC zoning districts. An awning sign is permitted only as an integral part of the awning to which it is attached or applied and must be parallel to the building. Awning signs will be counted as part of the total allowable wall signage for the building but the awning area will not be counted as part of the total wall area. Signs on awnings are permitted on both the awning flap (valance) and awning face (shed). Awning signs extending over a public sidewalk are limited to a projection distance of not more than four (4) feet from the building façade onto which it is attached. An awning may not project into the public right-of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Awning signs may not extend onto private property without an encroachment agreement that has been approved by the City and recorded with the County.
5.
Temporary signs are permitted only as provided in Subdivision 4.
6.
Parking Structures. Parking structures are allowed twenty (20) square feet of wall signage per entrance to the structure. Signs must be located near the entrance to the parking structure.
7.
Incidental signs are permitted as provided in Subdivision 4.
8.
Sandwich board signs are permitted as provided in Subdivision 4.
(Source: Ordinance No. 21-2022, 10-27-2022)
J.
Flex Service District: FS.
1.
Free-standing Signs.
a.
A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet.
b.
Where a building site has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed fifty (50) square feet. Each allowed sign must be located on the street frontage generating the allowance.
c.
Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line.
d.
Height. No free-standing sign may exceed eight (8) feet in height.
e.
Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
f.
The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
g.
Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings.
2.
Wall Signs.
a.
For façades with street frontage, the total wall signage may not exceed eighty (80) square feet.
b.
For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor is permitted, not to exceed fifteen percent (15%) of the wall area that tenant occupies of the wall to which it is affixed, up to a maximum of fifty (50) square feet.
c.
Temporary Signs are only permitted as provided in Subdivision 4.
d.
Sign Design. All signs shall be uniform in design, color, and placement.
e.
Incidental signs are permitted as provided in Subdivision 4.
f.
Sandwich board signs are permitted as provided in Subdivision 4.
(Ord. No. 11-2023, 8-24-2023)
Subd. 6. Dynamic Displays.
A.
Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes.
Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character.
The City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety.
B.
Permitted Sign Type and Locations. Dynamic displays are permitted solely as free-standing signs and only in the Commercial Regional (C-Reg), Commercial Regional Service (C-Reg-Ser), Community Commercial (C-Com), Neighborhood Commercial (N-Com) Office (OFC), Town Center (TC-C), Public (Pu), Parks and Open Space (P), Industrial (I, I-2, I-5 and I-Gen), TOD-MU (if the project includes commercial uses) and TOD-E (if the project includes industrial uses) zoning districts.
C.
Duration of Image. A dynamic display's image, or any portion thereof, may not change more often than once every 20 minutes, except when changes are necessary to correct hour-and-minute, date, or temperature information. A display of time, date, or temperature must remain for at least twenty (20) minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three (3) seconds.
D.
Transition. If a dynamic display's image or any portion thereof changes, the change sequence must be instantaneous without any special effects.
E.
Prohibition on Video Display. No portion of a dynamic display may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind.
F.
Prohibition on Fluctuating or Flashing Illumination. No portion of a dynamic display image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement.
G.
Audio. Dynamic displays may not be equipped with audio speakers.
H.
Malfunctions. Dynamic displays must be designed and equipped to freeze the sign face in one (1) position if a malfunction occurs. Dynamic displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display upon malfunction or when notified by the City that it is not complying with the standards of this ordinance.
I.
Brightness. All dynamic displays must meet the following brightness standards:
1.
No dynamic display may exceed a maximum illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum illumination of five hundred (500) nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness.
2.
All dynamic displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically controls the sign's brightness to comply with the requirements of this section.
3.
No dynamic display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal.
4.
The owner or controller of the dynamic display must adjust the sign to meet these brightness standards in accordance with the City's instructions. The adjustment must be made immediately upon notice of non-compliance from the City.
5.
The owner or controller must provide to the City a written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by this section and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards.
J.
Dynamic displays are allowed only on free standing signs in the permitted districts. Dynamic displays may occupy no more than thirty-five percent (35%) percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one (1), contiguous dynamic display area is allowed on a sign face.
Subd. 7. Administration and Enforcement.
A.
Permits. Except as provided in subparagraph B below, the owner or occupant of the premises on which a sign is to be displayed, or the owner or installer of such sign, must file an application with the City for permission to display the sign. Permits are required for all existing, new, relocated, modified, or redesigned signs. The applicant must complete the application form provided by the City and submit with the application a complete description of the sign and a sketch showing its size, location, manner of construction, and such other information as is necessary to inform the City of the proposed kind, size, material, construction, and location of the sign. The applicant must also submit at the time of application the then-current application fee set by Council ordinance or resolution. The City Manager or their designee will approve or deny the sign permit no more than thirty (30) days from the receipt of the complete application and the applicable fee. If a sign authorized by permit has not been installed within three (3) months after the date of issuance of the permit, the City Manager may, at their sole discretion, revoke the permit.
B.
Exemptions. The exemptions permitted by this subparagraph apply only to the requirement of a permit, and may not be construed as excusing the installer of the sign, or the owner of the property upon which the sign is located, from conforming with the other provisions of this section. No permit is required under this subdivision for the following signs:
1.
A window sign placed within a building and not exceeding ten percent (10%) of the window area.
2.
Signs erected by a governmental unit or public school district.
3.
Temporary signs.
4.
Signs or tablets when cut or built into the walls of a building and constructed of bronze, stone, or marble.
5.
Incidental signs.
6.
Flags.
7.
Yard signs.
8.
Sandwich board signs.
(Source: Ordinance No. 21-2022, 10-27-2022)
Subd.
8. Violations and Enforcement.
A.
It is unlawful for any person to violate the provisions of this section.
B.
If the City finds that:
1.
any sign regulated by this section is prohibited as to size, location, type, number, height, or method of construction, or is unsafe, insecure, or a menace to the public;
2.
any sign for which a permit is required has been constructed or erected without a permit having been granted to the installer of the sign or to the owner of the property upon which the sign has been erected; or
3.
any sign is improperly maintained or is in violation of any other provisions of this section;
the City will give written notice of such violation to the owner of the property and/or the permit holder, as applicable. If the owner or permit holder fails to remove or alter the sign so as to comply with this section within three (3) days following receipt of the notice, the sign will be deemed to be a nuisance and may be abated by the City by proceedings taken under Minnesota Statutes Chapter 429, and the cost of abatement, including administrative expenses and attorney's fees, may be levied as a special assessment against the property upon which the sign is located.
C.
Each period of three (3) days within which the sign is not removed or altered as required by the City will be deemed to constitute another violation of this section. No additional City licenses, permits, or other approvals will be granted to anyone in violation of the terms of this section, or to anyone responsible for the continuance of the violation, until such violation is either corrected or satisfactory arrangements, in the opinion of the City Manager or their designee, have been made towards the correction of the violation. The City may also withhold building permits for any construction related to a sign maintained in violation of this section. Pursuant to Minnesota Statutes Section 160.27, the City may remove and destroy signs placed within the public right-of-way with no such notice of violation required.
D.
Appeals. The property owner, permit applicant, or permit holder, as applicable, may appeal any order or determination made by the City pursuant to this section by filing a written appeal with the City Clerk within ten (10) days of the mailing of notice of the order or determination to the owner, applicant, or holder. A notice of appeal must be in writing and must be personally served upon the City Clerk or deputy within the time provided. Appeals will be heard by the Board of Adjustments and Appeals pursuant to Section 2.26, Subdivision 2.B.
E.
Variances. A property owner, permit applicant, or permit holder may request a variance from the literal terms of this section before the Board of Adjustments and Appeals by filing a form provided by the City and paying the prescribed fees to the City Clerk. Request for variances from the literal provisions of this section will be considered in accordance with City Code Sections 2.26, Subdivision 2.B, and Section 11.76.
F.
With respect to signs distributed or posted by a person, committee, or organization except pursuant to a lease or license with the property owner, the written notice of violation required by Subdivision 8.B. herein may be given to the person, committee, or organization who prepares, disseminates, issues, posts, installs or owns the sign, or the person, committee, or organization who causes the preparation, dissemination, issuance, posting, or installation of the sign, or the owner or occupant of the premises on which such sign is displayed. If such person, committee, organization, owner, or occupant fails to remove or alter the sign so as to comply with the provision set forth in this section within three (3) days following receipt of said notice, then such failure is deemed unlawful and such persons, committee, organization, owner, or occupant will be subject to the same liabilities and penalties as are permittees and owners under Subdivision 8.B and C.
(Source: Ordinance No. 4-2022, 2-17-2022)
Editor's note— Ordinance No. 4-2022, adopted Feb. 17, 2022, repealed and reenacted Section 11.70 to read as set out herein. Former Section 11-70 pertained to Sign Permits, and derived from Ord. No. 261, adopted Oct. 25, 1974; Ord. No. 78-13, adopted May 26, 1978; Ord. No. 18-82, adopted Sept. 17, 1982; Ord. No. 37-83, adopted Sept. 30, 1983; Ord. No. 72-84, adopted April 5, 1984; Ord. No. 105-84, adopted Sept. 19, 1984; Ord. No. 114-84, adopted Nov. 1, 1984; Ord. No. 9-87, adopted May 7, 1987; Ord. No. 1-90, adopted Feb. 1, 1990; Ord. No. 18-91, adopted Aug. 23, 1991; Ord. No. 31-94, adopted Sept. 16, 1994; Ord. No. 2-95, adopted Feb. 17, 1995; Ord. No. 50-94, adopted Jan. 6, 1995; Ord. adopted Dec. 21, 1999; Ord. No. 3-2000, adopted Jan. 27, 2000; Ord. No. 14-2000, adopted April 27, 2000; Ord. No. 11-2004, adopted April 1, 2004; Ord. No. 33-2004, adopted Dec. 30, 2004; Ord. No. 17-2005, adopted Sept. 15, 2005; Ord. No. 2-2007, adopted Jan. 23, 2007; Ordinance 8-2008, adopted March 27, 2008; Ord. No. 10-2008, adopted April 24, 2008; Ord. No. 12-2008, adopted April 24, 2008; Ord. No. 7-2010, adopted May 13, 2010; Ord. No. 15-2011, adopted Dec. 15, 2011; Ord. No. 20-2013, adopted Dec. 12, 2013; Ord. No. 11-2015, adopted Sept. 24, 2015; and Ord. No. 25-2016, adopted Oct. 27, 2016.