(a)

The purpose of this article is 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 display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public rights-of-way or properties.

(b)

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

(Code 1970; Code 1992, § 460.01)

The following terms have the meanings provided by this chapter:

(1)

Accessory use.

(2)

Building.

(3)

District. (References in this article to a district shall mean that district as established by this chapter.)

(4)

Frontage.

(5)

Lot.

(6)

Principal building.

(7)

Shopping center.

(8)

Structure.

(9)

Through lot.

(10)

Tract.

(Code 1970; Code 1992, § 460.02(1))

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign which no longer identifies or advertises a bona fide business, lessor, lessee, service, owner, building occupant or activity, or a sign for which no legal owner can be found.

Accessory sign means a sign relating in its subject matter to the lot or tract on which it is located, or to products, accommodations, services or activities on the premises on which it is located.

Address sign means postal identification numbers only, whether written or in numeric form.

Area identification sign means a sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of two or more principal buildings, a shopping center or area, an office complex consisting of two or more principal buildings or any combination of the above that could be termed an area.

Awning or marquee means a roof-like structure of rigid or semi-rigid materials attached to and extending from the facade of a principal building.

Banners and pennants mean devices which resemble flags and are of cloth or plastic-like consistency, and may be square, rectangular or triangular in shape.

Bench sign means a sign which is affixed to a bench.

Building identification sign means a freestanding sign or wall sign bearing the name of a building or occupant in a residential building or the name of a tenant or business in a nonresidential building.

Canopy means a roof-like structure, located on the same lot as the principal building, that is either freestanding or attached to the principal building.

Church directional sign means a sign which bears the address and name of a church and directional arrows pointing to a church location.

Clear view zone means a triangle formed by connecting the three following points: the point of intersection of the extensions of the curb lines or edge of the traveled portion of each street or drive aisle, and a point on each curb line 30 feet from the aforementioned point of intersection.

Flag means the official flag of any country, state or municipality.

Freestanding sign means a self-supported sign which is placed in the ground and not affixed to any part of any structure. The term "freestanding sign" includes monuments and area identification signs.

Governmental sign means a sign which is erected by a governmental unit for the purpose of directing or guiding traffic, or providing public information. The term "governmental signs" includes community bulletin boards, area identification sign directions or banners erected by the city.

Height means the distance measured from the average ground elevation adjoining a freestanding sign to the highest point of a freestanding sign.

Illuminated sign means any sign which is illuminated by an artificial light source.

Monument means a structure built on grade, not supported by poles, posts or a pylon, which is constructed of brick, stone or stucco and to which a sign is affixed.

Motion sign means any sign which revolves, rotates or has any moving parts.

Nameplate sign means a sign which bears the name or address of the occupants of the building.

Nonaccessory sign means a sign other than an accessory sign.

Noncommercial opinion sign means any sign which is not a commercial sign and which expresses an opinion which is deemed by the state or federal courts to have greater protection under the constitution of the United States or the state than a commercial sign. For purposes of this definition, the term "commercial sign" means any sign which advertises or identifies a product, business, building, place, service, event or any other matter or thing of a commercial nature, even though the matter or thing may be related to or involve a nonprofit organization.

Nonconforming sign means a sign which lawfully existed prior to the adoption of the ordinance from which this article is derived but does not conform to the requirements of this article.

Permanent sign means any sign which is not a temporary sign.

Portable sign means a sign so designed as to be movable from one location to another which is not permanently attached to the ground or any structure.

Projecting sign.

(1)

The term "projecting sign" means any sign or any part thereof which extends by more than 12 inches over public property, a street right-of-way or public sidewalk.

(2)

The term "projecting sign" does not mean signs integral to awnings, canopies or marquees.

Roof sign means any sign erected upon a roof or projecting above the eave line or a parapet of a building to which it is affixed.

Sign means any letter, word or symbol, logo, device, banner, pennant, beacon, searchlight, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message, or visual communication whether painted, posted, printed, affixed or constructed, which is displayed outdoors for informational or communicative purposes.

Sign area means:

(1)

The smallest single rectangle which can be made to circumscribe the letters, message, symbol, logo or figure inscribed into or directly onto a building or a monument and not affixed to a sign panel; or

(2)

The smallest single rectangle which can be made to circumscribe a sign panel which bears the letters, message, symbol, logo or figure.

Sign panel means the display surface upon which the message is painted or inscribed and which is attached to a building or structure.

Temporary sign means a sign which is erected or displayed for a limited period of time. Such temporary signs shall include those listed in division 4 of this article.

Traffic directional sign means a sign which is erected on private property by the owner of such property for the purpose of guiding vehicular and pedestrian traffic. Such sign bears no advertising information.

Wall sign means a sign affixed to the wall of any building including projecting signs and signs affixed to marquees, awnings or canopies.

(Code 1970; Code 1992, § 460.02(2))

Any nonconforming temporary sign lawfully existing at the time of adoption of the ordinance from which this article is derived shall be made to comply with the requirements set forth herein or shall be removed within 90 days after the adoption of the ordinance from which this article is derived.

(Code 1970; Code 1992, § 460.07(1))

Nonconforming permanent signs shall be allowed to continue in use, but shall not be rebuilt, altered other than to change the message, or relocated without being brought into compliance with the requirements of this article. After a nonconforming sign has been removed, it shall not be replaced by another nonconforming sign.

(Code 1970; Code 1992, § 460.07(2))

Whenever use of a nonconforming sign has been discontinued for a period of 90 days, such use shall not thereafter be resumed unless in conformance with the provisions of this article.

(Code 1970; Code 1992, § 460.07(4))

All signs shall be constructed in such a manner and of such material that they shall be safe and substantial, and in full compliance with all requirements of this Code. Freestanding signs requiring footings or wall signs subject to wind loads must comply with the provisions of article III of chapter 10. All signs shall be maintained in a safe, presentable condition and shall be structurally sound. Defective parts shall be promptly replaced

(Code 1970; Code 1992, § 460.03(1))

Illuminated signs shall comply with the following requirements:

(1)

No sign shall change in either color or in intensity of light more frequently than once per hour, except signs giving time, date, temperature or weather information.

(2)

All incandescent bulbs or fluorescent tubes, except neon, LED or fiber optic light sources, shall be shielded with an opaque or translucent material.

(3)

No sign which is visible from a residential district, located within 200 feet of the sign, shall be illuminated between 10:00 p.m. and 7:00 a.m.; provided, however, such signs may be illuminated at any time when the use identified by the sign is open for business.

(4)

The planner may specify additional restrictions regarding the hours of illumination as a condition to the issuance of a permit.

(Code 1970; Code 1992, § 460.03(2); Ord. No. 2016-05, § 5, 5-3-2016)

All signs shall comply with the following placement requirements:

(1)

No sign shall be placed within any street right-of-way other than:

a.

Governmental signs which are official traffic regulatory signs; or

b.

Campaign signs placed pursuant to section 36-1657.

(2)

No freestanding sign or any portion thereof other than governmental signs shall be placed within 20 feet of the traveled portion of any public street, provided that campaign signs placed pursuant to section 36-1657 may be placed to within ten feet of the traveled portion of a public street.

(3)

No sign shall be erected or placed within 50 feet of any regulatory sign, warning sign, traffic sign or signal, or crosswalk unless the city planner concludes it will not interfere with or confuse drivers or pedestrians.

(4)

No sign shall be erected or placed in the clear view zone; provided, however, that a freestanding sign may be erected if:

a.

At least ten feet of clearance is maintained between the ground and the bottom of the sign and the sign is supported by a single pylon of 12 inches or less in diameter;

b.

The sign and all supporting materials do not exceed three feet in height as measured from the highest point on the curb to the highest point on the sign; or

c.

The sign is not placed within the street right-of-way.

(Code 1970; Code 1992, § 460.03(3))

Noncommercial signs shall comply with the following requirements:

(1)

All noncommercial signs of any size may be posted in any numbers from 46 days before the state primary in a state general election year until ten days following the state general election subject to the applicable provisions of Minn. Stats. § 211B.045. Such noncommercial signs shall conform with the provisions of section 36-1656. No such sign shall be placed upon the right-of-way without the consent of the abutting property owner.

(2)

Campaign signs posted in connection with the elections held at times other than as regulated by Minn. Stats. § 211B.045 are subject to the following:

a.

Maximum size: six square feet.

b.

Maximum number: one sign for each candidate per frontage.

c.

Maximum duration: 60 days prior to the election until seven days following the election.

d.

Location: Such campaign signs shall conform with the provisions of section 36-1656. No such sign shall be placed upon the right-of-way without the consent of the abutting property owner.

(Code 1970; Code 1992, § 460.03(4))

Subject to the provision of this division, noncommercial opinion signs are permitted as follows:

(1)

In all residential districts, subject to the following restrictions:

(2)

All nonresidential districts subject to the following restrictions:

a.

Maximum size: 16 square feet.

b.

Maximum number: one per lot.

c.

Maximum height: six feet.

(Code 1970; Code 1992, § 460.03(5))

When more than one sign is permitted due to multiple frontages, each permitted sign must be oriented toward its respective frontage. It is the intent herewith to prohibit lots with multiple frontages from combining sign rights, so as to erect larger signs or additional signs that are oriented to only one frontage.

(Code 1970; Code 1992, § 460.03(6))

One temporary construction sign may be installed upon a construction site of a new building with ten or more dwelling units or any new nonresidential principal use building denoting the name of the owner, architect, engineer, contractor and lender, provided such sign does not exceed 32 square feet in area. Temporary construction signs measuring six square feet or less in sign area are permitted for new residential buildings of less than ten dwelling units. Temporary construction signs shall be removed upon issuance of a certificate of occupancy for any part of the building. Freestanding signs shall not exceed ten feet in height.

(Code 1970; Code 1992, § 460.03(7))

A temporary sign may be erected for the purpose of selling or leasing a residential or nonresidential building or selling vacant land provided:

(1)

Such signs shall not exceed 16 square feet for nonresidential buildings, residential buildings of ten or more dwelling units, or vacant land. Provided, however, such signs may be increased to not more than 32 square feet if the lot or tract abuts a highway with a speed limit of 50 miles per hour or more and the sign is oriented to such highway. Temporary signs for the purpose of selling or leasing one vacant lot in the R-1 or R-2 districts or a residential building of less than ten dwelling units shall not exceed ten square feet. Signs shall be removed within seven days after closing.

(2)

Only one such sign shall be permitted per building or vacant lot or tract. If the building is one of two or more buildings which together comprise a tract, then only one sign per tract shall be permitted.

(3)

Signs for nonresidential projects shall be located no closer than 100 feet to any pre-existing residence.

(4)

Freestanding signs shall not exceed eight feet in height.

(5)

All sign surfaces including legs and support members shall be painted and maintained in a crack-free and blister-free condition.

(Code 1970; Code 1992, § 460.03(8))

(a)

The maximum allowed sign area of a building identification sign or an area identification sign may be increased by 20 percent or 16 square feet, whichever is less, for the purpose of displaying information regarding the rental or leasing of space or dwelling units. Such rental or leasing information shall be:

(1)

Integral to the building identification or area identification sign.

(2)

Constructed of the same materials and colors as the building identification or area identification sign.

(b)

If the area of the building identification sign or area identification sign is increased in accordance with this section, then no temporary sign as permitted by section 36-1661 shall be placed on the property.

(Code 1970; Code 1992, § 460.03(9))

The total sign area of any multifaced sign shall not exceed twice the permitted area of a single-faced sign. The angle of incidence between any two faces of a multifaced sign shall not exceed 60 degrees.

(Code 1970; Code 1992, § 460.03(10))

Traffic directional signs shall not exceed six square feet in area.

(Code 1970; Code 1992, § 460.03(11))

Projecting signs shall be permitted only in the Planned Commercial District, subject to the following restrictions:

(1)

The maximum sign area shall be 20 square feet per facing.

(2)

Not less than eight feet of clearance shall be provided between the sidewalk elevation and the lowest point of the projecting sign.

(3)

Signs shall project from the face of the building no more than the lesser of:

a.

One-third of the sidewalk width; or

b.

Six feet.

Sidewalk width shall be measured perpendicular to the face of the building at the proposed sign location.

(4)

The maximum sign area of wall signs located on the same building of the projecting sign shall not exceed five percent of the wall area.

(5)

Proof of insurance and indemnification shall be provided in accordance with section 36-1548.

(Code 1970; Code 1992, § 460.03(12))

(a)

Awnings, canopies or marquees shall be considered as part of the wall area and thus shall not warrant additional sign area.

(b)

Awnings, canopies or marquees constructed of transparent or translucent material shall be deemed to be a sign panel for purposes of determining sign area.

(Code 1970; Code 1992, § 460.03(13))

(a)

Address signage shall be required on all buildings and on other structures if required by the building official in all districts, and must be clearly visible from the street. Address signs on the first level of all buildings shall not exceed six square feet. For buildings two to four stories in height in nonresidential zoning districts, and nonresidential buildings in the Mixed Development Districts, address signs shall not exceed 20 square feet. For buildings greater than four stories in nonresidential zoning districts and nonresidential buildings in the Mixed Development Districts, address signs shall not exceed 40 square feet. Address signs in all other districts shall not exceed six square feet. Address signs shall not be counted for the purpose of determining the maximum allowed sign area for a building. The building official shall assign address numbers to buildings and may assign address numbers to other structures. A permit shall be required for address signs in excess of six square feet.

(b)

All new, altered and existing buildings and other structures, if required by the building official, shall comply with the following requirements:

(1)

General requirements.

a.

Numbers or addresses shall be placed on all buildings and other structures, if required by the building official in such a position as to be plainly visible and legible from the street or road fronting the property. The numbers shall contrast with their background. Content, size and location of numbers shall be approved by one of the following:

1.

Building official;

2.

Appointed building inspectors or plan reviewers;

3.

Fire chief.

b.

Requirements are for new and existing construction.

c.

Numbers shall not be in script.

d.

Administrative authority may require additional numbers if deemed necessary.

e.

Numbers shall not be obscured.

f.

Address numbers shall be installed prior to final approval of the building permit by the building department.

g.

Monument signs with address numbers or address monuments shall be provided when the building address numbers are not visible from the street.

1.

Residential address monuments shall have a minimum four-inch-high address numbers a minimum of 48 inches above grade.

2.

Commercial address monuments shall have a minimum six-inch-high address numbers a minimum of 48 inches above grade.

(2)

Residential requirements (two or less dwelling units).

a.

Minimum height of numbers shall be four inches.

b.

Minimum height above finished grade shall be 60 inches.

c.

If a building is not visible from the street, additional numbers are required at the driveway entrance. Size and location must be approved.

(3)

Commercial requirements.

a.

Minimum number height for premises identification shall be eight inches.

b.

Minimum height above grade shall be 120 inches.

c.

Multitenant buildings with individual exterior tenant entrances.

1.

The range of address numbers within the building shall be provided on the building in accordance with the general requirements of this article and the minimum height of numbers shall be 12 inches.

2.

Each tenant shall have a separate address number. Minimum height of numbers shall be six inches.

3.

Address numbers shall be on each tenant main entrance and on all back doors.

d.

Multitenant buildings with interior tenant entrances.

1.

Individual tenants shall not have individual address numbers on the building exterior. Tenant identification within each building is subject to approval by the building official and fire chief.

2.

Address numbers may be located on a directory entry sign, however, additional address numbers are required on the building in accordance with this article.

e.

Malls. Minimum four-inch-high tenant address numbers with a minimum five-eighths-inch stroke will be required on the front and back of all tenant spaces at entrance/exit doors. The front numbers must be of contrasting color from the background, and as near as possible to the upper right corner of the tenant space. The number at the backs of tenant spaces must comply with the general requirements, be located on the rear doors and be six feet above finished floor.

(Code 1970; Code 1992, § 460.03(14))

Bench signs shall be permitted only at bus stops and shall not be permitted in residential districts.

(Code 1970; Code 1992, § 460.03(15))

Church directional signs shall be permitted in all districts provided the total area of such signs shall not exceed four square feet per facing.

(Code 1970; Code 1992, § 460.03(16))

Signs which are located on the interior of a building and are not visible from outside of said building shall be exempt from the provisions of this article and shall not require permits or payment of fees.

(Code 1970; Code 1992, § 460.03(17))

Temporary subdivision and rezoning signs, as required by chapter 32 and this chapter, shall be exempt from the provisions of this article and shall not require permits or the payment of fees.

(Code 1970; Code 1992, § 460.03(18))

Signs promoting occasional sales in residential areas, as permitted in section 36-1262, may be placed on the lot where the sale is taking place provided:

(1)

Such signs shall not exceed six square feet.

(2)

One sign is permitted per frontage.

(3)

Such signs shall be removed at the end of the sale.

(Code 1970; Code 1992, § 460.03(19))

Signs which advise of home security systems may be erected provided:

(1)

Such sign shall not exceed one square foot.

(2)

One sign is permitted per frontage.

(Code 1970; Code 1992, § 460.03(20))

Monuments shall not exceed eight feet in height.

(Code 1970; Code 1992, § 460.03(21))

Banners and pennants are permitted only as follows:

(1)

During a one-week period of time on the occasion of the initial opening of a new business.

(2)

As an integral part of the design of a building. In such cases, the banner must be made of a durable material and designed to be permanently affixed to the building.

(Code 1970; Code 1992, § 460.03(22))

Not more than three flags may be displayed on each lot or tract.

(Code 1970; Code 1992, § 460.03(23))

Sponsor panels and other forms of advertising on scoreboards are permitted only at Braemar Park, Van Valkenburg Park and Kuhlman Field. Scoreboard sponsor panels and other advertising on scoreboards shall be integral to the scoreboard and shall be constructed of the same materials as the scoreboard.

(Code 1970; Code 1992, § 460.03(24))

The following signs are prohibited in all districts:

(1)

Non-accessory signs.

(2)

Indecent signs. Signs containing offensive or indecent symbols, pictures or written material.

(3)

Roof signs.

(4)

Motion signs.

(5)

Portable signs.

(6)

Signs, other than governmental signs, which are attached to utility poles, streetlights or trees.

(7)

Searchlights or beacons.

(8)

Vehicles with signs. It is the intent of this subsection to prohibit the use of a vehicle for the purpose of providing signage. In addition to the requirements imposed by this chapter and article XI of chapter 26, vehicles bearing signs exceeding two square feet in area must comply with the following restrictions:

a.

Such vehicles may not be parked within 50 feet of a public road right-of-way

b.

Such vehicles may not bear a sign constructed of paper, cloth, canvas, wood or other material not integral to the body of the vehicle.

c.

Such vehicles may not be parked in a location visible from public streets for periods longer than four hours during any 24-hour period.

(9)

Neon, LED or fiber optic light sources which are not within the permitted sign area.

(10)

Abandoned signs.

(11)

Billboard signs.

(Code 1970; Code 1992, § 460.04; Ord. No. 2016-05, § 6, 5-3-2016)

Subject to provisions of this division, the building identification signs and area identification signs are permitted as indicated in this article in each specific zoning district as listed herein.

(Code 1970; Code 1992, § 460.05(intro.))

The following signs are permitted in the R-1, R-2 and PRD-1 districts:

(Code 1970; Code 1992, § 460.05(1); Ord. No. 2016-05, § 7, 5-3-2016; Ord. No. 2016-06, § 1, 5-17-2016)

The following signs are permitted in all residential districts except R-1, R-2, PRD-1 and mixed development districts:

(Code 1970; Code 1992, § 460.05(2))

The following signs are permitted in the Automobile Parking District:

(Code 1970; Code 1992, § 460.05(3))

(a)

Permitted signs. The following signs are permitted in the PCD-1, PCD-2, PCD-3 and PCD-4 districts:

(b)

Special provisions.

(1)

Area identification signs shall be included as part of the maximum allowable number of freestanding signs.

(2)

Signs which are integral to the design of a gasoline pump are permitted.

(3)

Signs indicating the location of restrooms are permitted.

(4)

Permanent window signs shall be included as part of the maximum allowable sign area.

(Code 1970; Code 1992, § 460.05(4))

(a)

Permitted signs. The following signs are permitted in the regional medical district and planned office district:

(b)

Special provisions. In the Regional Medical District only, one wall sign for each accessory retail use is permitted. Each permitted sign must be attached to the ground floor level and may not exceed 15 percent of the ground floor wall area of the accessory use.

(Code 1970; Code 1992, § 460.05(5))

(a)

Permitted signs. The following signs are permitted in the planned industrial district:

(b)

Special provisions. In multitenant buildings only, one wall sign is permitted for each tenant having a private entry. The maximum sign area of each sign is 24 square feet.

(Code 1970; Code 1992, § 460.05(6); Ord. No. 2016-01, § 1, 2-17-2016)

It is the intention of this section to require that all elements of a mixed development be integrated and linked by signs that express a consistent and uniform design theme.

(1)

Area identification signs.

a.

MDD-3 and MDD-4. One sign per development for each frontage not to exceed 50 square feet.

b.

MDD-5 and MDD-6. One sign per development for each frontage.

1.

Sign area: MDD-5.

(i)

Maximum area of first sign: 70 square feet.

(ii)

Maximum area of additional signs: 40 square feet.

2.

Sign area: MDD-6.

(i)

Maximum area of first sign: 100 square feet.

(ii)

Maximum area of additional signs: 70 square feet.

c.

Maximum height. The maximum height: eight feet.

(2)

Building identification signs: residential. One freestanding sign not to exceed 24 square feet for each building with ten or more dwelling units. One wall sign not to exceed six square feet for each building. Maximum height: eight feet.

(3)

Intra-area directories. One directory per major entry from a public street to a development not to exceed ten square feet. Maximum height: six feet.

(4)

Accessory retail signs. One wall sign for each accessory retail use provided each sign must be attached to the ground floor level and may not exceed 15 percent of the ground floor wall area of the accessory use. All signs shall be individual letters of uniform size, design and materials.

(5)

Building identification signs: office.

a.

MDD-6. One wall sign per building per frontage and one freestanding sign per building per frontage. The maximum area of the first wall sign or freestanding sign shall not exceed 50 square feet and the maximum area of each additional sign shall not exceed 36 square feet. Maximum height: eight feet.

b.

MDD-3, MDD-4 and MDD-5. One building identification sign per frontage. The first sign shall not exceed 50 square feet and each additional sign shall not exceed 36 square feet. Maximum height: eight feet.

(6)

Retail and publicly owned facilities signs: MDD-6. Signs for retail buildings and publicly owned facilities are permitted in accordance with the PCD-3 district requirements provided in section 36-1714, provided the maximum area of freestanding signs shall not exceed 50 square feet.

(7)

Publicly owned facilities: MDD-3, MDD-4 and MDD-5. Signs for publicly owned facilities in the MDD-3, MDD-4 and MDD-5 districts are permitted in accordance with section 36-1711.

(8)

Suites, hotels and theatres. Signs for suites, hotels and theatres are permitted in accordance with the PCD-3 district requirements provided in section 36-1714.

(9)

Special requirements: wall signs. No wall signs shall be placed on walls of nonresidential buildings which directly face, abut or adjoin a public park or residential uses.

(10)

Special requirements: freestanding signs. All freestanding signs shall be of uniform design and scale.

(Code 1970; Code 1992, § 460.05(7))

Except as provided in section 36-1547, the owner or occupant of the lot or tract on which a sign is to be displayed, or the owner or installer of such sign, shall file as application for a permit with the planner upon forms provided by the planner. Permits must be acquired for all existing, new, relocated, modified or redesigned signs except those specifically exempted below. The applicant shall submit with the application a complete description of the sign and a scaled drawing showing its size, placement, manner of construction, illumination, and such other information as deemed necessary by the planner. At the time of application, the applicant shall also submit a fee in the amount required by section 2-724. If a sign is erected without a permit the applicant shall submit an application for a permit and pay a fee that is two times the fee set out in section 2-724. If a sign has not been installed within one year after the date of issuance of said permit, the permit shall become null and void.

(Code 1970; Code 1992, § 460.06(1); Ord. No. 2016-05, § 4, 5-3-2016)

Upon issuance of a permit, the city planner shall also issue a sign identification decal. The permit holder shall attach the decal to the lower left front surface of the sign. Such decal shall indicate the number of the sign permit.

(Code 1970; Code 1992, § 460.06(2))

The following signs may be erected or displayed without obtaining a permit therefor; provided, however, such signs must comply with all other requirements of this article:

(1)

A temporary window sign placed within a building and not exceeding 25 percent of the window area.

(2)

Signs having a total area of six square feet or less.

(3)

Governmental signs and signs erected by the city public schools.

(4)

Temporary signs as listed in sections 36-1657, 36-1658, 36-1660 and 36-1661.

(5)

Memorial signs or tablets less than six square feet in area containing the name of the building, its use and date of erection when cut or built into the walls of the building and constructed of bronze, brass, stone or marble.

(6)

Signs which are completely within a building and are not visible from the outside of said building.

(7)

Temporary subdivision and rezoning signs, as required by chapter 32 and this chapter.

(Code 1970; Code 1992, § 460.06(3))

The owner of any projecting sign shall furnish, with a permit application, proof of self-insurance or that public liability insurance has been procured for any death or personal injury caused by such sign, in amounts not less than $100,000.00 for injury to or death of one person, or $300,000.00 for any one incident, and of not less than $50,000.00 for damage to property arising from any one incident. The owner shall maintain such insurance in effect at all times that the sign remains in place. The owner shall also indemnify and hold the city and the city's officials and employees harmless from any loss, cost, damage and expenses caused by the projecting sign.

(Code 1970; Code 1992, § 460.06(5))

(a)

If the city planner finds that any sign regulated by this article is or are prohibited as to: size, location, content, type, number, height or method of construction, or are unsafe, insecure or a menace to the public, or if any sign has been constructed or erected without a permit first being issued, or is improperly maintained, or is in violation of any other provisions of this article, the planner shall give written notice of such violation to the owner or lessee of the sign.

(b)

If the owner or lessee fails to remove or alter the sign so as to comply with the provisions set forth in this article within 24 hours following receipt of said notice:

(1)

Such sign may be deemed to be a nuisance and may be abated by the city by proceedings taken under Minn. Stats. ch. 429, or any other nuisance abatement procedures allowed by this Code or state law and the cost of abatement, including administration expenses, may be levied as a special assessment against the property upon which the sign is located; or

(2)

Such owner or lessee may be prosecuted under section 1-18; and

(3)

The city may exercise any and all other remedies provided by section 1-18.

(c)

If the owner or lessee shall have been given notice of a violation hereunder and shall have removed or altered the sign, and shall then re-erect or install a sign which is the same as or similar to the sign as to which notice of violation was given, such re-erection or installation shall be deemed a violation of this article, and no notice of such violation shall be required.

(Code 1970; Code 1992, § 460.06(4))

A permit applicant or permit holder may request a variance from the literal provisions of this article by filing a petition for a variance with the city planner. The petition shall be accompanied by a fee in the amount set forth in section 2-724.

(Code 1970; Code 1992, § 460.0(6))

A permit applicant or permit holder also may appeal any alleged error in any order, requirement, decision, or determination made by the city planner in the enforcement of this article. Appeals shall be filed in the same manner as provided in article II of this chapter.

(Code 1970; Code 1992, § 460.06(6))

Variances and appeals shall be heard by the planning commission and decisions of the planning commission may be appealed to the city council, as provided in said article II of this chapter.

(Code 1970; Code 1992, § 460.06(6))

The planning commission shall grant a variance from the provisions of this article only upon finding that:

(1)

There are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and zoning district;

(2)

The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district, but which is denied to the property in question;

(3)

The strict application of this article would constitute undue hardship, as defined in this chapter; and

(4)

The granting of the variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zoning district in which the property is located.

(Code 1970; Code 1992, § 460.06(6))