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Elko New Market City Zoning Code

CHAPTER 12

SIGNS

11-12-1: PURPOSE AND INTENT:

   A.   Purpose: The purpose of the sign regulations is:
      1.   To encourage the effective use of signs as a means of promotion and communication in the city;
      2.   To maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth;
      3.   To improve pedestrian and traffic safety;
      4.   To minimize the possible adverse effect of signs on nearby public and private property; and
      5.   To enable the fair and consistent use of authority to enforce these sign restrictions.
   B.   Intent: The provisions of this chapter 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 who design and display exterior signs while, at the same time, assuring that the public is not endangered, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs. (Ord. 5, 12-14-2006)

11-12-2: DEFINITIONS:

Sign related references included within this chapter shall have meanings as provided in section 11-2-2 of this title. (Ord. 5, 12-14-2006)

11-12-3: SUBSTITUTION OF NONCOMMERCIAL SPEECH:

The owner of any sign which is otherwise allowed by this chapter may substitute noncommercial speech in lieu of any other commercial speech or noncommercial speech. This substitution of copy may be made without any additional approval of permitting. The purpose of this section is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial speech over any other noncommercial speech. This section prevails over any more specific provision to the contrary. (Ord. 5, 12-14-2006)

11-12-4: EXEMPT SIGNS:

All signs not expressly permitted under this chapter are prohibited in the city unless exempt by statute or provisions outlined in this chapter. The following signs, as defined in section 11-2-2 of this title, shall be exempt from regulation under this chapter:
Building markers.
Incidental signs.
Interior building signs.
Interior neon signs.
Public signs.
Works of art. (Ord. 5, 12-14-2006)

11-12-5: PERMITTED SIGNS:

11-12-5-1: NO PERMIT REQUIRED:
The signs identified in this section are permitted subject to the regulations set forth in this chapter. The following signs are specified as exempt and, therefore, do not require sign permits. However, their size, area and number are regulated as identified by this chapter. The table below indicates the type of signs that may be displayed without a sign permit. Descriptions of the sign type and display requirements follow. (Ord. 10, 7-26-2007)
   NO SIGN PERMIT REQUIRED
Type Of Sign
Allowed Districts
Type Of Sign
Allowed Districts
Address
All
Banners
All business, industrial and institutional
Directional/instructional, freestanding
All except R-1, R-2 and UR
Directional/instructional, wall
All except R-1, R-2 and UR
Home occupation
R-1, R-2, R-3, and UR
Marquee
All business
Nameplate - commercial/industrial/institutional
All business, industrial and institutional
Nameplate, residential
R-1, R-2, R-3, and UR
No trespass
All
Noncommercial
All
Off premises announcement
All business, industrial and institutional
Pennants/streamers
All business, industrial and institutional
Public right of way
Institutional
Real estate
All
Temporary interior window
All business, industrial and institutional
Yard/garage sale
R-1, R-2, R-3, R-4 and UR
 
(Ord. 53, 5-13-2010)
   A.   Address Signs: An address sign indicating identification numbers only, in either written or numerical form, shall be located on the home or business near the front entrance. An address sign shall not exceed two (2) square feet in area. Address signs shall be exempt from sign permits and from the total "advertising display area" allowed under section 11-12-6 of this chapter. In the case where a principal building is occupied by more than one business or family dwelling unit, each separate front entrance of the principal building shall bear a separate number. Numerals indicating the official numbers for each principal building or each front entrance shall be assigned by the zoning administrator and shall be posted in a manner as to be visible from the street on which the property is located.
   B.   Banner Signs: There shall be no more than two (2) banner signs on any lot. The total area of each banner sign shall not exceed thirty two (32) square feet each, and all banners shall be kept in good, readable condition and changed each month. Banner signs other than those mounted flush against a building facade shall not be permitted.
   C.   Directional/Instructional Freestanding Signs (On Premises): Where one-way access and egress drives are approved, a sign indicating traffic direction no more than four (4) square feet may be placed at a driveway within five feet (5') of the street right of way. Such signs shall be no higher than five feet (5') above the centerline of the adjacent right of way. A directional sign indicating the entrance to a two-way driveway may be approved or required where the zoning administrator or designee deems it is necessary to safely direct drivers.
   D.   Directional/Instructional Wall Signs (On Premises): A sign indicating traffic direction no more than sixteen (16) square feet in area may be placed on a building. The bottom of the wall sign shall be placed on the building no less than ten feet (10') above the finished grade/sidewalk/or adjacent street, whichever is higher, at any point. (Ord. 5, 12-14-2006)
   E.   Noncommercial Signs: Noncommercial signs are permitted on private property in any zoning district with the express consent of the owner or occupant of such property. In a state general election year, noncommercial signs of any size may be posted in any number forty six (46) days before the state primary until ten (10) days following the state general election. Noncommercial signs posted in connection with elections held at times other than as regulated by this section shall not be posted more than sixty (60) days prior to the election and shall be removed by those responsible for the erection of the sign or the property owner within seven (7) days. (Ord. 53, 5-13-2010; amd. 2011 Code)
   F.   Home Occupation Signs: Only one sign, not exceeding four (4) square feet, shall be allowed to be displayed on the interior or exterior of the dwelling unit. The sign shall be displayed at the right or left side of the front entry door, no more than ten feet (10') from the house, with a maximum height of four feet (4').
   G.   Marquee Signs: In a business zone, signs may be placed on the roof of a covered walk or marquee in a building complex on the vertical face of a marquee and may project from the lower edge of the marquee not more than twenty four inches (24"), but the bottom of a sign placed on a marquee shall be no less than eight feet (8') above the sidewalk or above the centerline grade of the adjacent street, whichever is higher, at any point. No part of the sign shall extend above the top of the roofline for a covered walk or above the top of the vertical face of the marquee, whichever is more restrictive. Signs shall not be permitted anywhere on a marquee which projects over any public right of way.
   H.   Nameplate Signs, Business: One nameplate sign shall be allowed for each permitted use or conditional use. Such sign shall not exceed six (6) square feet in area per surface.
   I.   Nameplate Signs, Single-Family: One nameplate sign, up to two (2) square feet in area per surface with a maximum of two (2) surfaces, shall be permitted for single-family dwellings located in residential districts. Nameplate signs are exempt from sign permits and are permitted as regulated by this section.
   J.   No Trespass And No Dumping Signs: "No trespass" and "no dumping" signs shall not exceed two (2) square feet in area per side and shall not exceed four (4) in number, per lot. In urban reserve districts, such signs shall not be less than three hundred feet (300') apart. "No trespass" and "no dumping" signs do not require sign permits and are permitted as specified in this section.
   K.   Off Premises Announcement Signs: Off premises announcement signs shall measure not more than two (2) square feet in size and shall be removed no later than three (3) days after the event.
   L.   Pennants/Streamers: There shall be no more than two (2) pennants/streamer signs on any lot. Temporary streamers and pennants may be erected for a period of not more than thirty (30) consecutive days.
   M.   Public Right Of Way Signs: Signs shall not be allowed in the public right of way, except the following: public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, identify a community festival or event, and direct or regulate pedestrian or vehicular traffic; informational signs of a public utility regarding its poles, lines, pipes, or facilities; emergency signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right of way. Signs identified in this subsection are exempt from sign permits and fees.
   N.   Real Estate Signs: For the purpose of selling, renting or leasing property, only one real estate sign may be placed per street frontage. Such signs shall be set back at least one foot (1') from the property line or right of way line, whichever is greater. Placement of real estate signs shall have the express consent of the owner or occupant of the property. The size of such sign shall be a maximum of ten (10) square feet for residential property and a maximum of thirty two (32) square feet for all other properties. Such signs shall be removed within seven (7) days following the leasing or closing of the sale. Vacancy signs shall be no larger than four (4) square feet. Real estate signs are exempt from sign permits and are permitted as specified in this section.
   O.   Temporary Interior Window Signs: Temporary interior window signs which are part of a display of merchandise or display relating to sales on the premises are permitted, provided such signs are not to be displayed for a period exceeding thirty (30) consecutive days. Such signs shall not occupy more than seventy five percent (75%) of each individual window area facing the street. Temporary interior window signs are exempt from sign permits and are permitted as specified in this section.
   P.   Yard/Garage Sale Signs: Signs advertising yard/garage sales shall be limited to six (6) square feet and may be displayed seven (7) days prior to the sale and shall be removed immediately after the end of the yard/garage sale. Yard/garage sale signs may be displayed off the premises. (Ord. 5, 12-14-2006)

11-12-5-2: PERMIT REQUIRED:

The signs identified in this section are permitted, provided a sign permit is obtained from the city. Sign permit fees shall be adopted by the city council under their annual fee schedule. Wall, freestanding and temporary signs that identify or advertise a business, person, activity, goods, products or services located "on premises" are permitted if installed and maintained as regulated herein. Signs may not be displayed "off premises", except for the specific circumstances described in this chapter. The following sign types are permitted with an approved sign permit: (Ord. 5, 12-14-2006)
   SIGNS THAT REQUIRE A SIGN PERMIT
Type Of Sign
Allowed Districts
Type Of Sign
Allowed Districts
Area identification
All business, industrial and institutional
Awnings/canopies
All business, industrial and institutional
Balloon (inflatable)
All business, industrial and institutional
Beacons
All business
Business
All business, industrial and institutional
Changeable copy
All business, industrial and institutional
Construction
All
Electronic graphic display
All business, industrial and institutional
Ground monument
All business, industrial and institutional
Illuminated
All business, industrial and institutional
Institutional
All business, industrial and institutional
Legal nonconforming business
All business and industrial
Nameplate, multiple residential
R-3, R-4 and R-5
Permanent window
All business, industrial and institutional
Portable
All business, industrial and institutional
Projecting
B-2
Public service
All business
Pylon/freestanding
All business, industrial and institutional
Street banner
All
Subdivision identification
All
Temporary
All business, industrial and institutional
Wall
All business, industrial and institutional
 
(Ord. 55, 7-22-2010)
   A.   Area Identification Signs: A freestanding sign not to exceed thirty two (32) square feet identifying the name of an office or business structure containing two (2) or more independent operations; a single business consisting of three (3) or more separate structures; or any integrated combination of the above. The sign shall only identify an area, complex or development and shall not, unless approved by the city council, contain the name of individual owners or tenants. The sign shall not contain advertising. Area identification signs exceeding thirty two (32) square feet shall require a conditional use permit.
   B.   Awnings/Canopy Signs: Signs consisting of letters and/or an identification emblem, insignia, initial, logo, or other similar design may be painted or imprinted on an awning. Awnings shall be considered part of the total overall wall sign square footage allotted to the building. The bottom of the awning shall be placed on the building no less than eight feet (8') above the sidewalk or above the centerline grade of the adjacent street, whichever is higher, at any point.
   C.   Balloon/Inflatable Signs: One temporary balloon/inflatable sign per premises, not exceeding twenty feet (20') in height, may be erected for a period of not more than fourteen (14) consecutive days. Balloon/inflatable signs are allowed on the roof of a building, and the height of such sign shall be measured at the base of the sign. In no case shall more than three (3) permits per property be granted during any calendar year. Such signs shall be set back no less than ten feet (10') from the property line or right of way line, whichever is greater. Such signs shall not be placed in a location that obstructs the view of motorists. In no case shall balloon/inflatable signs take up required off street parking spaces.
   D.   Beacons: The use of revolving beacons, beamed lights or similar devices is permitted, provided there shall be no more than one beacon on any lot. Said beacons shall be displayed no longer than five (5) consecutive days per calendar year, allowing one permit per calendar year. In no case shall beacons take up required off street parking spaces. The position of the beam lights shall not reflect on adjacent and adjoining properties including roadways. The applicant for such a sign shall demonstrate that the light intensity and frequency shall not be disruptive to traffic, pedestrians or other land uses on adjacent lots.
   E.   Business Signs: A wall, ground monument or freestanding sign that identifies or advertises a business, person, activity, goods, products, or services located "on premises" is permitted as provided by the sign size, area and location requirements identified herein. Business signs for multiple tenant buildings shall be designed and coordinated to result in uniformity of signage style and color for the entire building/complex.
   F.   Changeable Copy Signs: A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign is permitted subject to the size and area requirements identified herein. This sign classification applies to permanent wall or freestanding signs and does not include portable reader board type signs. Changeable copy signs shall be considered part of the total wall or freestanding sign area allotted to the parcel.
   G.   Construction Signs: For the purpose of selling or promoting a development project or subdivision less than twenty (20) acres, two (2) signs, not to exceed sixty four (64) aggregate square feet of advertising surface, may be erected on the project site. For projects of twenty (20) acres or greater, the city shall determine the appropriate number of signs based on parcel size and roadway frontage. Such sign shall be removed upon development completion of ninety percent (90%) of the project. (Ord. 5, 12-14-2006)
   H.   Electronic Graphic Display Signs (Dynamic Signs):
      1.   Type: Electronic graphic display signs shall be allowed as freestanding or wall signs. No more than two (2) electronic graphic display signs shall be allowed per lot/parcel (a 2 sided sign shall be considered 1 sign). Electronic graphic displays shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the city that the display violates the city regulations.
      2.   Bulk And Setback Regulations: Freestanding electronic graphic display signs shall be subject to the same area, height, and setback requirements as other permitted pylon/freestanding business, industrial, and institutional signs; except, that electronic graphic display signs shall not be located within fifty feet (50') of a residential zoning district.
      3.   Animation, Video, Flashing And Motion (Frame Effects): Electronic graphic display signs shall have messages that change instantaneously and do not fade, dissolve, blink, or appear to simulate motion in any way. The use of animation, frame effects, video display and flashing components (signs), as defined in section 11-2-2 of this title, is prohibited.
      4.   Display Duration: All displays and/or messages shown on an electronic display sign shall stay static for period of at least one second.
      5.   Automatic Dimming Technology: All electronic graphic display signs shall be equipped with automatic dimming devices. Light cast upon adjacent rights of way (as measured from the curb line or road edge) shall not exceed three-tenths (0.3) foot-candle (meter reading). (Ord. 55, 7-22-2010)
   I.   Ground Monument Signs:
      1.   General Regulations:
         a.   One ground monument sign shall be allowed per lot/parcel per street frontage.
         b.   All ground monument signs shall be no higher than seven feet (7') above natural grade.
         c.   General ground monument signs shall not exceed eighty (80) square feet in area with a maximum of two (2) sides.
         d.   Ground monument signs shall be set back a minimum of ten feet (10') from the property line.
         e.   All ground monument signs shall not be located within a fifty foot (50') clear view triangle on corner lots.
         f.   Individual ground monument signs located within a planned and/or common interest area, complex, or development shall be prohibited, unless reviewed and approved by the city.
      2.   Specific Regulations:
         a.   Ground Monument Signs; Common Interest: One common interest ground monument sign shall be allowed at each major entrance into the industrial, business center, or institution for the sole purpose of identifying the development, and/or listing the businesses therein. Such sign shall not exceed one hundred twenty (120) square feet in area.
         b.   Ground Monument Signs; Downtown: Ground monument signs within the B-2 zoning district shall not exceed thirty two (32) square feet in area. Such signs shall be set back a minimum of five feet (5') from the property line. (Ord. 94, 4-26-2012)
   J.   Illuminated Signs: Illuminated signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring premises.
   K.   Institutional Signs: Institutional signs are on premises, freestanding or wall signs which identify the name and other characteristics of the institution; provided, that the total sign area complies with the sign type under this section, except institutional signs may be no higher than seven feet (7') above the grade of the adjacent street centerline.
   L.   Legal Nonconforming Signs: A legal nonconforming business located within a building may display one on premises wall sign not to exceed twenty four (24) square feet in area.
   M.   Nameplate Signs, Multiple Residential: In multiple zoning districts, one nameplate sign for each dwelling group of six (6) or more units is permitted. Such nameplate sign shall not exceed six (6) square feet in area per surface, and no sign shall have more than two (2) surfaces.
   N.   Permanent Window Signs: One permanent window sign is permitted per windowpane that does not exceed twenty five percent (25%) of the total window area. The sign area of permanent window signs shall be calculated as part of the maximum total permitted wall sign area for the building.
   O.   Portable Signs: A temporary portable sign may be used for a period not to exceed sixty (60) days per calendar year with a maximum of six (6) separate permits (example: 6 permits, 10 days each), per parcel of record. The maximum size of such sign shall be thirty two (32) square feet and a maximum height of six feet (6'). Such signs shall not be located within a thirty foot (30') clear view triangle on corner lots and shall be set back a minimum of ten feet (10') from the property line or right of way line, whichever is greater (setback measurement will be determined from the closest part of the sign to the property or right of way line). Portable signs shall not be displayed off the premises of the business that the sign is intended to advertise, with the exception of public and charitable functions as approved by the city by an administrative sign permit. In no case shall a portable sign take up required off street parking spaces. (Ord. 5, 12-14-2006)
   P.   Projecting Signs: One projecting sign shall be allowed per lot/parcel. Projecting signs shall not exceed twenty (20) square feet in size per side (with a maximum of 2 sides). In the case of a corner lot, the side yard street shall be allowed an additional projecting sign. The total combined sign area of projecting and wall signs shall not exceed fifteen percent (15%) of the total wall area. Projecting signs shall be located between ten feet (10') and twenty feet (20') above the average ground level. Projecting signs shall not project more than five feet (5') away from the building wall. Projecting signs shall be made of wood, metal or of a similar looking material.
   Q.   Public Service Signs: Public service signs displaying the temperature, time, date or other noncommercial messages are permitted, provided the sign area of said signs shall be calculated as part of the maximum total permitted wall or freestanding sign area for the building. (Ord. 55, 7-22-2010)
   R.   Pylon/Freestanding Signs: One pylon/freestanding sign shall be permitted per street frontage per lot with a maximum of two (2) sides. A sign over seven feet (7') in height shall be defined as a "pylon/freestanding sign". No pylon/freestanding sign shall extend beyond a property line, building restriction line or right of way line or be located closer than fifty feet (50') to another freestanding sign. Pylon/freestanding signs may not be located within a clear view triangle area of a corner lot. Setback, size, and height requirements for pylon/freestanding signs shall be as follows:
   PYLON/FREESTANDING SIGNS
 
District
Setback1 (Min.)
Size Per Side (Max.)
Height (Max.)
B-1 neighborhood business
10 ft.
100 sq. ft.
20 ft.
B-2 downtown business
5 ft.2
32 sq. ft.
16 ft.
B-4 highway (gateway) business
10 ft.
150 sq. ft.
30 ft.
B-5 general business
10 ft.
150 sq. ft.
30 ft.
B-7 mixed use
10 ft.
150 sq. ft.
30 ft.
All other
10 ft.
100 sq. ft.
20 ft.
 
Notes:
      1.    Setbacks shall be the distance between the closest part of the sign/sign base and the property/right of way line.
      2.    Signs and sign components, which are 10 feet above grade or higher, may project/extend into the setback no closer than 1 foot from the property line. Such projecting signs shall be made of wood, metal or of a similar looking material.
(Ord. 94, 4-26-2012)
   S.   Street Banner Signs: Street banner signs advertising public entertainment or an event are permitted in any zoning district, provided a sign permit is approved by the zoning administrator or designee for locations authorized by the city engineer. Such sign may be displayed fourteen (14) consecutive days prior to and three (3) days after the public entertainment or event. (Ord. 5, 12-14-2006)
   T.   Subdivision Identification Signs:
      1.   On Premises Subdivision Identification Signs: Freestanding subdivision identification signs located upon private property which indicate the name of a subdivision, neighborhood or business center shall be permitted for the purpose of permanent identification subject to the following requirements:
         a.   At each principal entrance to the subdivision, a maximum of two (2) signs shall be allowed. Such signs shall not exceed fifty (50) square feet of sign area per side with a maximum of two (2) sides, excluding decorative landscaping and sign base.
         b.   The height of such signs shall not exceed ten feet (10') above the natural grade.
         c.   When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the city attorney, and to be recorded on the property title(s) prior to issuance of the sign permit.
         d.   Appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located. Such easements shall be recorded prior to the issuance of the sign permit.
      2.   Off Premises Subdivision Identification Signs: Off premises freestanding subdivision identification signs which indicate the name of a preexisting residential subdivision or neighborhood may be permitted for the purpose of identification subject to the following requirements:
         a.   Options for on site placement of such signs (on privately owned property) do not exist, as determined by the city.
         b.   The off premises property abuts the residential subdivision or neighborhood and is owned by the city.
         c.   The residential subdivision or neighborhood was established prior to the effective date hereof.
         d.   The area of such signs shall not exceed fifty (50) square feet per side with a maximum of two (2) sides.
         e.   The height of such signs shall not exceed ten feet (10') above the natural grade and the sign and surrounding area shall require limited maintenance.
         f.   Sign maintenance responsibilities and the need for corresponding easements or maintenance agreements shall be determined by the city.
         g.   The city shall have the authority to remove the freestanding subdivision identification sign at any time at its discretion. (Ord. 143, 10-27-2016)
   U.   Temporary Signs: There shall be no more than one temporary sign on any lot, and shall not be displayed more than fourteen (14) consecutive days, three (3) times per year. In no case shall temporary signs take up required off street parking spaces. Temporary uses (with a valid administrative permit) may have one on site temporary sign not to exceed twenty four (24) square feet in area and not more than six feet (6') in height. (Ord. 5, 12-14-2006)
   V.   Wall Signs: Wall signs shall not exceed fifteen percent (15%) of the total wall area facing a street with a maximum of two hundred (200) square feet per street frontage. Painted wall signs are prohibited under section 11-12-9 of this chapter. In the case of a corner lot, the side yard street shall be allowed wall signage though shall not exceed fifteen percent (15%) of the total building area facing the side yard street. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 244, 3-10-2022; Ord. 295, 5-23-2024)

11-12-6: CALCULATING ADVERTISING DISPLAY AREA:

   A.   The area of a sign face (which is also the sign area of a wall sign or other sign with only 1 face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The structural supports for a sign, whether they be columns, pylons, or a building, or a part thereof, shall not be included in the calculation of the advertising display area.
   B.   When attached to the surface of a building, canopy, awning, wall or window, the sign area shall be calculated as that part of the smallest rectangle or other geometric shape that encompasses all of the letters or symbols. The sign area shall include all lettering, wording, and accompanying designs or symbols.
   C.   The permitted sum of the area of all individual wall signs on a building shall be computed by applying the formula contained in this section. Properties fronting on two (2) or more streets are allowed the permitted wall sign area for each street frontage. However, the total wall sign area that is oriented toward a particular street may not exceed the percentage of the building total sign space allocation that is derived from the permitted wall sign area for that section of the building facing the street. (Ord. 5, 12-14-2006)

11-12-7: SIGNS REQUIRING CONDITIONAL USE PERMIT:

The signs identified in this section are permitted subject to approval of a conditional use permit. The process to obtain a conditional use permit is outlined in section 11-3-2 of this title. The following signs may be displayed upon approval of a conditional use permit. Descriptions of the sign type and display requirements are as follows:
   SIGNS THAT REQUIRE A CONDITIONAL USE PERMIT
 
Type Of Sign
Allowed Districts
Area identification exceeding 32 square feet
All business, industrial and institutional
Illuminated, residential
R-3, R-4 and R-5
Menu board
B-1, B-2, B-4, B-5 and B-7
 
(Ord. 5, 12-14-2006)
   A.   Area Identification Signs: An "area identification sign" is a freestanding sign identifying the name of an office or business structure containing two (2) or more independent operations; a single business consisting of three (3) or more separate structures; or any integrated combination of the above. The sign shall only identify an area, complex or development and shall not, unless approved by the city council, contain the name of individual owners or tenants. The signs shall not contain advertising. Area identification signs incorporating electronic graphic displays shall be subject to the requirements of subsection 11-12-5-2H of this chapter. (Ord. 55, 7-22-2010; amd. 2011 Code)
   B.   Illuminated Signs: Illuminated signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring premises.
   C.   Menu Board Signs: One sign, thirty two (32) square feet or smaller, is permitted for businesses that serve customers via automobiles. The menu board sign area may be additional to the permitted wall and freestanding sign area allotted to the building. Such signs shall require a conditional use permit and demonstrate that the proposed sign location will not obstruct pedestrian or vehicular movement or be located in an area objectionable to adjacent business or residential lots. (Ord. 5, 12-14-2006; amd. Ord. 244, 3-10-2022; Ord. 295, 5-23- 2024)

11-12-8: NONCONFORMING SIGNS:

Any sign, upon the effective date hereof, which does not conform to the provisions of this title may be continued for a certain period of time subject to the following conditions:
   A.   No such sign shall be expanded or enlarged except in conformity with the provisions of this chapter.
   B.   If the use of a nonconforming sign is discontinued for a period of one year, further use of the sign shall conform to this chapter.
   C.   If a nonconforming sign is destroyed by any cause to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the city and no sign permit has been applied for within one hundred eighty (180) days of when the sign was destroyed, a future sign on the site shall conform to this chapter. (Ord. 5, 12-14-2006)
   D.   Normal maintenance of a sign, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconformity, is permitted. (Ord. 5, 12-14-2006; amd. 2011 Code)
   E.   Replacement or refacing of a nonconforming sign with an electronic graphic display shall be subject to the requirements of subsection 11-12-5-2H of this chapter. (Ord. 55, 7-22-2010)

11-12-9: PROHIBITED SIGNS:

The following signs, as defined in section 11-2-2 of this title, are prohibited as prescribed:
Animated signs.
Bench signs.
Electronic graphic display signs using animation, frame effects, video display, and flashing components.
Flashing signs.
Multivision signs.
Off premises commercial advertising signs.
Painted wall signs.
Roof signs.
Rotating signs.
Shimmering signs.
Snipe signs.
Traffic interference signs. (Ord. 55, 7-22-2010)

11-12-10: COMPREHENSIVE SIGN PLAN REQUIREMENTS:

No permit shall be issued for an individual sign requiring a permit unless and until a comprehensive sign plan of the entire lot and/or building on which the sign will be erected has been submitted and approved by the zoning administrator. The purpose of the comprehensive sign plan is to provide accurate information for the city to calculate compliance with ordinance requirements. The following information submittals are required unless exempted by the zoning administrator:
   A.   An accurate site survey for all ground signs proposed to be located on the subject site.
   B.   Accurate building wall elevations, drawn to scale, for all exterior wall surfaces of the building where signs are located and/or proposed.
   C.   Square footage calculations for each exterior elevation of the building, total building square footage, and the proposed location of signs on each exterior wall elevation. The lettering or graphic style, lighting, location on the building, materials and individual sign proportions are to be indicated on the exterior elevation drawings.
   D.   An accurate indication on the survey of the location, area, and dimensions of each existing freestanding sign and proposed future sign of any type, whether requiring a permit or not. (Ord. 5, 12-14-2006)

11-12-11: PERMIT REQUIREMENTS:

   A.   Permit Required: If a sign requiring a permit under the provisions of this chapter is to be placed, constructed, erected, or modified on a building or lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign, in accordance with this section. Furthermore, the property owner shall maintain in force, at all times, a sign permit for all such sign(s). Any sign involving electrical components shall be wired by a licensed electrician.
   B.   Individual Permit Requirements:
      1.   No sign shall be placed, constructed, erected, changed or relocated without a permit issued by the zoning administrator or designee, unless the provisions of this chapter exempt the sign from permit requirements.
      2.   Application for a sign permit shall be made in writing upon forms furnished by the zoning administrator. Such application shall contain the location by street and address number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. The zoning administrator may require the filing of plans or other pertinent information where it is necessary to ensure compliance with this chapter.
      3.   The permit application shall be signed by the property owner or owner's representative. When the applicant is any person other than the owner of the property, it shall also be signed by the owner of the property. The application shall contain the following information:
         a.   Names, addresses and telephone numbers of the property owner, sign owner, and erector.
         b.   Location of the sign or structure.
         c.   Scale drawing of the proposed sign(s) showing its position in relation to the nearest buildings, structures, public streets, rights of way and property lines.
         d.   Plans, specifications, and method of construction or attachment to the building or in the ground, including all dimensions, showing all light sources, wattage, type and color of lights, and details of any light shields or shades.
         e.   Other information as may be required by the zoning administrator or designee.
   C.   Temporary Sign Permits: Temporary signs shall be allowed only within business, industrial, or institutional zoning districts upon the issuance of a sign permit, which shall be subject to the following requirements:
      1.   The permit application shall be signed by the property owner.
      2.   Names, addresses and telephone numbers of the property owner, sign owner and erector.
      3.   Scale drawing indicating sign dimensions and square footage of each proposed temporary sign. The proposed location of the temporary sign(s) on the building and/or lot shall also be indicated.
      4.   The dates proposed for display and removal of each temporary sign shall be indicated on the sign permit application.
   D.   Lapse Of Permit: A sign permit shall lapse automatically if the business activity on the premises is discontinued for a period of one hundred twenty (120) days. The zoning administrator or designee will notify the landowner, in writing, that the sign will need to be removed. If the sign is not removed within thirty (30) days' notice of permit expiration, the city may have the sign removed and assess costs back to the property by Minnesota statutes chapter 429, as may be amended from time to time. Seasonal businesses, as determined by the city zoning administrator, shall be exempt from the one hundred twenty (120) day discontinuance period.
   E.   Cancellation Of Permit; Renewals: A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six (6) months after the date of permit approval. A permit may be renewed one time for an additional six (6) months, and no additional fee shall be collected for the renewal. This subsection does not apply to temporary or conditional use permits. (Ord. 5, 12-14-2006)

11-12-12: MODIFICATIONS TO SIGNS:

   A.   Permit Requirements: An application for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign, to the extent that such details are not contained on the sign plan. One application and permit may include multiple signs on the same building and/or lot.
   B.   Exemptions: The following sign modifications shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this chapter or any other law or provision regulating the same.
      1.   The changing of the advertising copy or message on a marquee, changeable copy, electronic message or similar sign specifically designed for the use of replaceable copy. Electric signs shall not be included in this exception.
      2.   Painting, repainting, replacement of a sign face copy (tenant/ownership change), cleaning or maintenance of a legal advertising structure or sign shall be allowed without a sign permit, provided no structural alterations are being made to the sign. (Ord. 5, 12-14-2006)

11-12-13: MAINTENANCE REQUIREMENTS:

All signs shall be maintained in a safe, presentable and good structural condition at all times. Maintenance shall include painting, repainting, cleaning, replacement or repair of defective parts, replacement of missing letters and other necessary acts. Any sign which the city finds is in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the premises on which the sign is located. (Ord. 5, 12-14-2006)

11-12-14: APPEALS:

To provide for a reasonable interpretation of the provisions of this chapter, a permit applicant may appeal an interpretation by the zoning administrator, where it is alleged that there is an error in any order, requirement, decision, or determination made in the enforcement of this chapter. The appeal process shall follow the procedures outlined in subsection 11-3-1F of this title. (Ord. 5, 12-14-2006)

11-12-15: VARIANCES:

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this chapter, the city council has the power to vary the requirements of this chapter in harmony with the general purpose and intent hereof, so that the public health, safety and general welfare maybe secured and substantial justice done. The procedure for variances to this chapter shall follow the procedures set forth in section 11-3-7 of this title. (Ord. 5, 12-14-2006)

11-12-16: FEES:

   A.   The city council shall establish the permit fee structure for signs on an annual basis. The sign permit fees shall be indicated on the annual city fee schedule as adopted by the city council.
   B.   Signs which need a conditional use permit shall pay the established sign permit fee, plus such additional fee as may be required for the conditional use permit.
   C.   No fee shall be required for signs exempted by section 11-12-4 of this chapter. (Ord. 5, 12-14-2006)

11-12-17: ENFORCEMENT:

   A.   Notice Of Violation; Compliance Required: If the city finds that any sign, temporary or permanent, or other advertising structure regulated herein is in disrepair (parts missing or broken, chipped paint, bent parts, etc.), unsafe or unsecured, a menace to the public, or in violation of the provisions of this chapter, the zoning administrator or designee shall give written notice to the holder of the permit or property owner, as may be applicable. The holder of the permit or property owner, as may be applicable, shall remove or alter the structure so as to comply with the standards required by this chapter and indicated by the zoning administrator within seven (7) days after issuance of such notice. (Ord. 5, 12-14-2006; amd. 2011 Code)
   B.   Summary Removal: The city may cause any sign or sign structure which is an immediate public hazard to be removed summarily after a reasonable attempt has been made to have the property owner remove the sign.
   C.   Copies Of Notice: When the city sends, by certified mail, the notice of violation, copies will be sent to both the permit holder and the property owner, if they are different persons.
   D.   Impoundment Of Illegal Signs: The city may impound signs which have been illegally installed upon public property or within public rights of way or easements. (Ord. 5, 12-14-2006)