The purpose of this Appendix E is to further substantial governmental interest in pedestrian safety, traffic safety, environmental protection and aesthetics.

Except as herein provided it shall be unlawful for any person to erect, alter, or relocate within the city any sign as defined in this Appendix E without first obtaining a permit to do so from the zoning administrator and making payment of the permit fee.

(1)

Application for permits shall be made upon a form provided by the zoning administrator, and shall state or have attached thereto the following information and shall include the sign permit fee set by the city council from time to time.

(2)

Unless waived by the zoning administrator, two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground shall be submitted with the application.

(3)

Unless waived by the zoning administrator, a copy of stress sheets and calculations showing how the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the city.

(a)

The design and construction standards as set forth in the Uniform Sign Code, as may be amended, are hereby adopted.

(b)

The installation of electrical signs shall be subject to the state's electrical code. Electrical service to such sign shall be underground.

(c)

Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal shall be prohibited.

(d)

Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated, or defaced shall be reprinted, repaired, or replaced by the owner or agent of the building upon which the sign stands. The ground around any sign shall be kept free of weeds and litter in conformance with chapter 16 of the Code.

(e)

No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the city building official.

(f)

No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences or trees nor interfere with any electric light, power, telephone, or telegraph wires or the supports thereof.

(g)

Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic. Nor shall such signs interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets.

(h)

No sign shall be placed within any drainage or utility easement or within the public right-of-way except by the issuance of a license agreement in accordance with article 25 of this Appendix E.

(i)

No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a stand pipe or fire escape.

(j)

A freestanding sign or sign structure constructed so that the faces are not back to back shall not have an angle separating the faces exceeding 20 degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district.

(k)

No sign or sign structure shall be placed on or protrude over the public right-of-way except wall (maximum protrusion 18 inches), canopy, awning, marquee, and nonilluminated sandwich board signs not to exceed eight square feet per side. All signs located over public right-of-way or over any public or private access route (sidewalk, etc.) shall be located a minimum of eight feet above surface grade.

(l)

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

(m)

If a sign is not a part of the principal structure or attached thereof, the sign shall conform to the Appendix E setback requirements.

(n)

The area of a sign or area within a sign frame shall be used to calculate the square footage of the sign area. Should letters or graphics be mounted directly on a wall or fascia or in such a way as to be without a frame, the dimensions for calculating the square footage shall be as in the definition of sign area, as found in article 2 of this Appendix E. Any symbols, flags, pictures, working figures or other forms of graphics printed on or attached to windows, walks, awnings, freestanding structures, suspended by balloons or kites or on persons, animals or vehicles shall be considered as a sign.

(o)

The owner or agent of the building and property shall remove any sign that has become obsolete by reason of termination of the business or vacation of the premises.

(p)

The owner, lessee, or manager of the property where a sign is located shall remove or correct a sign within 30 days of the receipt of written notice from the zoning administrator that the sign is in violation or prohibited by this Appendix E.

(q)

All signage shall comply with the design standards and the requirements of the heritage preservation commission, where applicable, as found in chapter 20 of the Code.

(r)

comprehensive sign plans.

(1)

Purpose. Due to varying needs for signage for occupants of multi-tenant buildings; placement of different occupancies as they relate to street frontages; and challenges to the applicability of sign regulations and the fair distribution of permitted square footage for occupants, Comprehensive sign plans are required for occupants of multi-tenant buildings. The purpose of this section is intended to define how signage permitted under this code will be distributed among the different occupancies available in the development. The comprehensive sign plan shall create visual harmony between the signs and building and shall result in signs of appropriate scale and character to the uses and building on the lot.

(2)

Applicability. A comprehensive sign plan shall be required for any multi-tenant building or development where different occupancies will compete for permitted square footage on a single lot.

(3)

Submission requirements. An application for a comprehensive sign plan approval shall be submitted to the zoning administrator and shall include:

a.

A site plan, dimensioned, showing the location of the building(s), structure(s), parking area(s), driveway(s), and landscaped areas of the lot upon which the proposed sign is to be attached or erected.

b.

A table or tables containing:

1.

Computation of total allowable maximum sign area.

2.

Maximum area for individual signs.

3.

Height and number of ground signs.

4.

Lineal footage of front of building.

5.

Lineal footage of street frontage.

c.

An accurate indication on the site plan of the location and orientation of each sign for which a permit is currently being requested, the anticipated location of future signs requiring a permit, and the location of all reasonably anticipated temporary signs.

d.

A description and illustration may be required:

1.

Colors and materials to be used in sign construction.

2.

Location of each sign on building(s) with building elevations if necessary.

3.

All sign proportions.

4.

Types of illumination.

(4)

Amendment. A comprehensive sign plan may be amended by filing a new comprehensive sign plan, in conformance with the requirements of the sign ordinance in effect at the time and obtaining approval of the zoning administrator.

(5)

Binding effect. After approval of a comprehensive sign plan, no permanent sign shall be erected or placed by any owner or occupant of the building or property except in conformance with such plan and obtaining a sign permit.

(Ord. No. 598, § 2, 6- 3-2019)

The following signs are hereby prohibited:

(1)

Off-premises signs except for those allowed under sec. 24-6(4).

(Ord. No. 471, § 1, 9-6-2011)

(2)

Except for traffic control, all signs are prohibited within the public right-of-way or easements except that the zoning administrator may grant an administrative permit to locate signs, banners and decorations on or within the right-of-way, as allowed in subsections 24-3(h) and 24-3(k).

(3)

Revolving beacons, revolving signs, moving signs or parts thereof, zip flashers, flashing signs or similar devices, excepting time and temperature information, official signs or barber poles.

(4)

Content classified as "obscene" as defined by Minn. Stats. § 617.241.

(5)

Artificially lit roofs or walls or portions thereof, except for security or to highlight architectural building features in accordance with section 16-5.

(6)

Illuminated signs which change in color or intensity of light, flash, scroll, or are animated other than electronic reader boards for time and temperature or official signs and non-electronic reader boards and barber poles as permitted under Commercial zoning allowances of this article. Electronic and non-electronic reader boards shall be maintained such that any loss of letters or illumination of letters shall necessitate discontinuance of sign use, until all letters and messages can be restored.

(7)

Pylon signs.

(8)

Changeable copy signs, electronic.

(9)

Electronic graphic display signs.

(10)

Multivision signs.

(11)

Roof signs.

(12)

Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures.

(13)

Video display signs.

(Ord. No. 657, § 1, 9-18-2023)

The following signs shall be permitted without a permit:

(1)

Official signs.

(2)

All noncommercial speech signs of any size posted in any number from 46 days before the state primary in a state general election year until ten days following general election, and 13 weeks prior to any special election until ten days following the special election. Sign installation shall comply with the Fair Campaign Practices Act contained in Minn. Stats., chapter 211B.

(Ord. No. 459, § 1, 6-7-2010)

(3)

One sign shall be allowed per street frontage when a building or site is under construction provided that:

a.

The sign shall not exceed 32 square feet in area and eight feet in height.

b.

The sign shall not be illuminated.

c.

Such sign shall be removed within one year of the date of issuance of a building permit or when the project is completed, whichever is sooner.

(4)

One sign shall be allowed per street frontage when a building is offered for sale or lease, provided that:

a.

Within the residential districts, no sign shall exceed 12 square feet in area and four feet in height from existing grade for freestanding signs for single-family, two-family, townhouse, and quadraminium units; or 32 square feet in area or eight feet in height for multi-family or institutional uses.

b.

Within all other zoning districts and in those cases where a parcel of land exceeds ten acres, regardless of its zoning, no sign shall exceed 32 square feet in area or eight feet in height from existing grade for freestanding signs.

c.

All signage indicating that a property is for sale or lease shall be removed within seven days of sale or lease of the property.

(Ord. No. 598, § 1, 6- 3-2019)

(5)

Temporary signs printed or attached on the interior of a total window in areas zoned commercial, provided that they shall not exceed 25 percent of the total area of the window in which they are displayed.

(6)

Flags or insignia of any government or governmental agency.

(7)

One temporary sign per property in residential districts that does not exceed five square feet in size.

(8)

Existing historic signs as allowed by the Heritage Preservation Commission.

(9)

Three signs, not exceeding four square feet each.

(10)

Portable signs are permitted to occupy the public or private sidewalk within all commercial zoning districts subject to the following conditions:

a.

The portable sign is located within five feet of the entryway to the subject business.

b.

Display of such signs is permitted only during the business hours of the subject business.

c.

Such signs shall not impede pedestrian traffic or access to other public improvements.

d.

Such signs shall not be less than three feet no exceed five feet in height, and no less than three square feet or greater than six square feet in area.

(Ord. No. 471, § 2, 9-6-2011; Ord. No. 541, § 3, 7-18-2016; Ord. No. 657, § 1, 9-18-2023)

The following signs shall require an administrative permit in compliance with article 8 of this Appendix E.

(1)

Banners, flags, posters, pennants, ribbons, displays, streamers or spinners or inflatable devices used as a sign on private property or in the public right-of-way as specified in section 24-4 of this Appendix E, and as defined in article 2 of this Appendix E.

(2)

The use of searchlights as permitted in section 16-5 of this Appendix E.

(3)

Temporary signs, on-premises. The use of banners, pennants, displays and similar temporary and portable signs in areas zoned commercial shall be limited to a period not to exceed 30 days annually. The total time period for the use of temporary and portable signs for any property shall not exceed 60 days annually. There shall be no more than three such signs on any parcel and the total signage shall not exceed 30 square feet. Temporary on-premises signs shall not be placed in the public right of way.

(4)

Temporary signs, off-premises. Off-premises temporary signs shall be limited to non commercial Excelsior entities, displayed no more than ten business days, and located on private, city property or in the public right of way.

(Ord. No. 471, § 3, 9-6-2011)

Nonconforming signs shall be regulated as provided in article 15 of this Appendix E.

(a)

One sign for each dwelling and such sign shall not exceed two square feet in area per surface. Lots abutting more than one right-of-way shall be allowed one sign not to exceed two square feet in area per frontage.

(b)

Any multiple dwelling structure with four or more units shall be allowed one monument sign, not to exceed six feet in height or one wall sign, the aggregate square footage of sign space shall not exceed 32 square feet.

(c)

Other nonresidential uses permitted or conditionally permitted in the R districts shall be allowed one monument sign, not to exceed eight feet in height and one wall sign, the aggregate square footage of sign space shall not exceed 32 square feet.

(d)

One sign not to exceed two square feet in area shall be allowed for home occupations as provided for in article 31 of this Appendix E.

(e)

Exceptions in numbers of signs, height, or size of signs may be allowed for the signs indicated in section 24-8 by conditional use permit, as provided for in article 4 of this Appendix E, provided good cause for such variation is established by the applicant.

Within the DC district, signs are permitted subject to the following:

(1)

Businesses shall not display more than three permanent signs, whether such signs be projecting, wall, freestanding, window, or awning, including signs for rear entrances. Window lettering signs of less than six square feet shall be excluded from this regulation. More than three signs shall be allowed for multi-tenant buildings, provided that the aggregate square footage of sign space as outlined above is complied with and an administrative permit is approved by the zoning administrator in accordance with article 8 of this Appendix E.

(2)

The aggregate square footage of sign space per lot shall not exceed the sum of two square feet for each front foot of building plus one square foot for each front foot of building which fronts on a public right-of-way or public trail. The least width of a lot for purposes of this Appendix E shall be the front. In the case where the back of a building abuts on East or West Drive, that side also shall be considered as the front for computing sign space. For buildings with multiple public rights-of-way and/or public trail frontages, no more than 60 percent of the allowable sign area for the entire building shall be allowed on one building side.

(3)

No individual sign shall exceed 27 square feet in area, nor shall two or more signs be so arranged and integrated as to create a sign area of over 40 square feet.

(4)

Projecting signs shall not exceed eight square feet of sign space, extend more than five feet into the public right-of-way, nor be lower than seven feet above the public sidewalk.

(5)

Awning or canopy signs shall not exceed seven square feet in size or eight inches in height and shall be located in the lowest section of the awning/canopy and parallel to the building.

(6)

Freestanding signs that meet the Preservation Design Manual standards and are no more than four and one-half feet in height.

(Ord. No. 541, § 3, 7-18-2016; Ord. No. 625, § 8, 3-7-2022; Ord. No. 636, § 2, 6-6-2022)

Editor's note— Ord. No. 625, § 8, adopted March 7, 2022, amended the title of section 24-9 to read as herein set out. The former section 24-9 title pertained to signs permitted in the B-1 district.

Within the CC, MU, and GC districts, signs are permitted subject to the following:

(1)

Businesses shall not display more than three permanent signs, whether such signs be projecting, wall, freestanding, window, or awning, including signs for rear entrances. Window lettering signs of less than six feet shall be excluded from this regulation. More than three signs shall be allowed for multi-tenant buildings, provided that the aggregate square footage of sign space as outlined above is complied with and an administrative permit is approved by the zoning administrator in accordance with article 8 of this Appendix E.

(2)

The aggregate square footage of sign space per lot shall not exceed the sum of two square feet per front foot of building, plus one square foot for each front foot of lot not occupied by such building which fronts on a public right-of-way 50 feet or more in width, or which fronts on a public trail. The least width of a lot for purposes of this Appendix E shall be the front. For buildings with multiple public right-of-way or public trail frontages, no more than 60 percent of the allowable sign area of the entire building shall be allowed on one building side.

(3)

No individual sign surface shall exceed 27 square feet in area (75 square feet in area in the GC district), nor shall two or more signs be so arranged and integrated as to create a sign area of over 40 square feet (100 square feet in area in the GC district).

(4)

Projecting signs shall not exceed eight square feet of sign space, extend more than five feet into the public right-of-way, nor be lower than seven feet above the public sidewalk.

(5)

Awning or canopy signs shall not exceed seven square feet in size or eight inches in height and shall be located in the lowest section of the awning/canopy and parallel to the building.

(6)

Freestanding signs that meet the Preservation Design Manual standards and are no more than four and one-half feet in height for properties located within the Excelsior Downtown Historic District. Monument signs no more than four and one-half feet in height (eight feet in the GC district) shall be permitted outside the Excelsior Downtown Historic District only as conditional uses in conformance with article 4 and article 24 of this Appendix E.

(7)

Motor fuel facilities. Signs for motor fuel facilities shall be regulated by the sign provisions for the zoning district in which the facility is located, except that within a sign, an area not to exceed ten square feet shall be allowed for non-electronic changeable copy identifying current fuel prices in accordance with Minn. Stats. § 239.751.

(Ord. No. 541, § 3, 7-18-2016; Ord. No. 625, § 8, 3-7-2022)

Editor's note— Ord. No. 625, § 8, adopted March 7, 2022, amended the title of section 24-10 to read as herein set out. The former section 24-10 title pertained to signs permitted in the B-2, B-3, B-4, B-5, and B-6 districts.

(a)

No internal or back lighting of signs shall be allowed. All artificially illuminated signs shall only use that amount of artificial light as is needed to light the sign. All signage shall utilize illuminating devices mounted on top and facing downward of the display structure or lighting directed up toward the sign. Specifically, wattage and lumen output of all light sources shall be kept to the minimum necessary to accomplish this purpose. All lighting shall be of a warm color and glare or reflected light which is a by-product of all light shall be kept to a minimum. Artificial light sources shall not be placed at any height taller than is essential to accomplish the intended purpose.

(b)

Flashing signs shall be prohibited in all zoning districts..

(c)

All signage shall comply with the outdoor lighting standards found in section 16-5 of this Appendix E.

(d)

Artificial light fixtures shall be of a design such that the light sources, i.e., the light bulb is fully enclosed by opaque material and does not project beyond them, and such that light may be transmitted in only one direction except that incandescent light bulbs with a wattage of 50 watts or less or neon tubes need not be fully enclosed. Any diffusers must be flush mounted to the opaque fixture such that no part of the light source, the diffuser itself, or the like, projects beyond the opaque portion of the fixture.

(e)

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

(f)

All artificial illumination of signs shall be turned off at the close of business or at 11:00 p.m., whichever occurs later.

(Ord. No. 504, § 2, 10-7-2013; Ord. No. 541, § 3, 7-18-2016)

The city council may approve a variance, in conformance with article 6 of this Appendix E.

(Ord. No. 429, 7-21-2008)