This section 550 regulates the type, number, size, structure, height, lighting, erection, repair, location and maintenance of all outdoor signs within the city of Independence, provides for the issuance of permits and the charging of fees therefor, and provides penalties for non-compliance and violation thereof.

Subd. 1.

The following words and phrases have the meanings assigned to them:

Subd. 2.

Sign. A sign as defined in subsection 510.05, subdivision 77 of the Independence zoning code and that is displayed outdoors.

Subd. 3.

Sign, accessory. A business sign relating to the business activity or service conducted on the premises upon which the sign is placed.

Subd. 4.

Sign, administrator. The officer or other person charged with the administration and enforcement of this section, and any duly authorized deputy.

Subd. 5.

Sign, address. A postal identification number only, whether written or in numeric form.

Subd. 6.

Sign, area. That area within the marginal lines of the surface which bears the advertisement or in the case of messages, figures, or symbols attached directly to any part of a building, that area which is included in the smallest rectangle that can be made to circumscribe the message, figures, or symbol displayed thereon. The maximum sign area for a free standing or pylon sign refers to a single surface.

Subd. 7.

Sign, billboard. A sign displaying products, services, commodities, entertainment or other activity not offered on the premises upon which the sign is located.

Subd. 8.

Sign, campaign. A sign erected by a bona fide candidate for public office or by a person or group promoting a candidate for public office or a political issue.

Subd. 9.

Sign, directional. A sign to direct patrons to an event business use or service located within the corporate limits of the city of Independence and not carried out on the premises where the sign is located.

Subd. 10.

Sign, farm. A sign advertising farm products that are produced by the owner or occupant of the premises upon which the sign is displayed.

Subd. 11.

Sign, flashing. An illuminated sign on which the illumination is not kept stationary or constant in intensity.

Subd. 12.

Sign, free standing. A sign that is placed in the ground and not affixed to any part of any structure.

Subd. 13.

Sign, governmental. A sign that is erected by a governmental unit for the purpose of directing or guiding the public.

Subd. 14.

Sign, illuminated. A sign that is erected by a governmental unit for the purpose of directing or guiding the public.

Subd. 15.

Sign, institutional directional. A sign that bears the address and/or name of a church, school, library, hospital, recreational area, non-profit service organization or similar use and directs traffic or pedestrians to the institution.

(Amended, Ord. No. 2011-04)

Subd. 16.

Sign, institutional. A sign that bears the address and/or name of a church, school, library, hospital, recreational area, non-profit service organization or similar use and is located on the site of the institutional use.

(Amended, Ord. No. 2011-04)

Subd. 17.

Sign, temporary institutional. A temporary sign that provides information, directions, dates and times or other similar information pertaining to a festival event, or seasonal event for a church, school, library, hospital, non-profit service organization or similar use.

(Added, Ord. No. 2010-03; Amended, Ord. No. 2011-04)

Subd. 18.

Sign, motion. A sign that revolves, rotates, or has any moving parts that attract attention.

Subd. 19.

Sign, nameplate, farm. A sign that bears the family name and address of an owner or occupant of the farm upon which it is located, the farm name, or an affiliation with an agricultural organization.

Subd. 20.

Sign, name plate, residential and institutional. A sign that bears the name and address of the business owner, or the occupants of premises.

Subd. 21.

Sign, non-conforming. A sign that lawfully existed prior to adoption of this section but does not conform to the newly enacted requirements of this section.

Subd. 22.

Sign, portable. A type of temporary sign so designed as to be movable from one location to another and that is not permanently attached to the ground or any structure.

Subd. 23.

Sign, projecting. A sign, all or any part of which extends laterally from the building more than 12 inches.

Subd. 24.

Sign, pylon. A free standing structure that is in excess of 20 feet in height with a sign mounted thereon.

Subd. 25.

Sign, roof. A sign erected upon the roof of a structure to which it is affixed.

Subd. 26.

Sign, temporary. A sign that is erected or displayed for a limited period of time.

Subd. 27.

Sign, traffic directional. A sign that is erected on the premise by the owner or occupant of the premise for the purpose of guiding vehicles and pedestrian traffic in finding locations such as parking, shipping and receiving.

Subd. 28.

Sign, wall. A sign affixed to the wall of a building.

Subd. 29.

Sign, warning. A sign that prohibits specified activities or informs of danger, hazard or restrictions such as "No Hunting, No Trespassing, Beware of Dog, Keep Off," and similar material.

Subd. 30.

Occasional sale. The sale of any items not held in the ordinary course of a business by the owner of the items, upon the premises owned or occupied by the owner of the items.

Subd. 31.

Premise of premises. A single lot, as defined in the Independence zoning code, or a combination of lots that comprise a single use, or that comprise a single enterprise.

Subd. 1.

It is unlawful for any sign to be erected, altered, repaired, removed, equipped or maintained in the city of Independence that does not conform to this section.

Subd. 2.

Construction and maintenance. All signs must be constructed in such manner and of such material that they are safe and substantial, must be properly secured, supported, and braced, must be kept in good repair, and must be maintained in a neat, clean and attractive condition.

Subd. 3.

Offensive material. No sign may contain any indecent, obscene or offensive pictures, symbols or written matter.

Subd. 4.

Location. No sign other than a governmental sign, warning sign, or a sign advertising an occasional sale may be erected or temporarily placed within any street right-of-way or upon any public easement.

Subd. 5.

Interference with traffic. A permit for any sign to be located within 50 feet of any street or official traffic sign or signal or within 50 feet of any intersection, driveway, or crosswalk will be issued only:

(a)

If the sign will not interfere with the ability of drivers and pedestrians to see the traffic sign or signal or the intersection, driveway or crosswalk; and

(b)

If the sign will not distract drivers nor cause any interference with an official traffic sign or signal.

Subd. 6.

Illumination. Illuminated signs must comply with the electrical requirements of the state electrical code of the State of Minnesota.

(a)

Illuminated signs must be shielded to prevent any light from being directed at oncoming traffic in such brilliance as to impair the vision of any driver. Where the sign is illuminated the source of light must not be directed upon any part of a residence or into any area zoned for residential use. The illumination must be indirect or diffused.

Subd. 1.

Flashing signs. Flashing signs and motion signs are prohibited in all districts, except that informational signs giving time, date and temperature are permitted in commercial/light industrial districts.

Subd. 2.

Billboards. Billboards (off-premises signs) are prohibited in all districts except as provided for in subsection 550.11, subdivision 8 of the Independence zoning code.

(Amended, Ord. No. 2010-03; Ord. No. 2011-04)

Subd. 3.

Wall signs. Wall signs painted directly on walls of buildings are prohibited in all residential districts.

Subd. 4.

Roof signs. Roof signs erected on the roof, or in the air space over the roof of any structure are prohibited in all districts.

Subd. 1.

The following signs are permitted in the district indicated.

Subd. 2.

Rural residential districts. One nameplate is permitted for each single-family dwelling unit, provided that it may be no greater than two square feet in area per surface and may have no more than two surfaces. The signs may include the names of home occupations approved under subsection 515.09 of the zoning code, but may not contain further advertising.

Subd. 3.

Agricultural districts. One farm nameplate is permitted for each farm, provided that it may be no greater than 12 square feet in area per surface and may have no more than two surfaces.

Subd. 4.

Subdivisions, all districts. One name plate is permitted for each development area of five or more lots, provided that it may be no more than 32 square feet in area per surface, may have no more than two surfaces, and must contain the name and address of the development area only.

Subd. 5.

Institutional signs, all districts. An institutional sign is permitted for each institutional building occupying a single premise, provided that no sign may exceed 32 square feet per surface, and may have no more than two surfaces. Two signs are permitted for institutional buildings occupying corner lots, one sign facing each street, provided that the total sign area does not exceed 32 square feet.

Subd. 6.

Directional signs, permitted business and institutions, all applicable districts. Three directional signs or the number which in the discretion of zoning administrator is necessary to direct patrons, whichever is less, are permitted for each business or institutional premise, provided that each sign may be no greater than four square feet in area per surface, and may have no more than two surfaces.

Subd. 7.

Commercial/light industrial districts. The following regulations apply in commercial/light industrial districts:

(a)

Previous regulations applicable. The regulations for residential, institutional and business uses set forth in subsection 550.09, subdivisions 2 through subdivision 5 apply to those uses if established in the commercial/light industrial district, except that directional signs may have up to 20 square feet per surface.

(b)

Total area, business signs. A total of four square feet of signage for each lineal foot of building frontage is permitted for each premise which is used for business purposes. The building frontage for sign area purposes is the single principal frontage of a building facing a public right-of-way. No sign may have more than two surfaces. Signs on multiple-use buildings or premises must be coordinated in the use of colors, materials and shapes.

(c)

Wall signs. The total area of any wall sign affixed to a building wall may not exceed 15 percent of the total area of the wall it occupies, up to a maximum of 100 square feet. No wall sign may extend more than two feet above the highest outside wall at the same location.

(d)

Free standing signs. No more than one free standing sign is permitted for each premise which is used for business purposes, provided that the free standing sign may be no more than 80 square feet in area per surface, may contain no more than two surfaces, must not exceed a maximum height of 20 feet, and must have a minimum set-back from the public right-of-way of ten feet.

(e)

Projecting signs. No projecting signs may exceed ten square feet in area per surface.

(f)

All districts. Warning signs are permitted in all districts without a permit, provided that the sign does not exceed two square feet in area.

Subd. 1.

General standards. Temporary signs and temporary institutional signs may not be illuminated, must be limited to the following uses, and are regulated as follows. Temporary signs and temporary institutional signs, except for those listed under subsection 550.13, subdivision 4, must receive an administrative permit, as specified in subsection 550.17.

(Amended, Ord. No. 2011-04)

Subd. 2.

Sale of individual parcels. Signs for the purpose of selling or leasing individual lots or homes, provided the signs may not exceed four square feet per surface and must be removed within seven days following the lease or sale.

Subd. 3.

Sale of acreage or tract. One temporary real estate sign is permitted for the purpose of selling an acreage, promoting a residential project of five or more dwelling units or promoting any non-residential project, provided that the sign may not exceed 32 square feet in area per surface, and must be limited to a single surface, and is located no less than 100 feet from any pre-existing residence. The sign must be removed upon completion, sale, lease or other disposition of the project. One additional temporary real estate sign is permitted for each additional street upon which the property abuts. Signs advertising the sale of building lots are not permitted unless the lots in question already exist or have received final subdivision approval.

Subd. 4.

Construction signs. One temporary identification sign is permitted upon a construction site in any district, said sign may not exceed 32 square feet in area per surface, is limited to a single surface, must be located upon the subject construction site, and must be removed upon completion of the project.

Subd. 5.

Campaign signs. Campaign signs are permitted in residential districts, provided the signs do not exceed four square feet in area per surface, and may be placed in other districts provided the signs do not exceed eight square feet in area. Campaign signs are subject to the following additional regulations:

(a)

Campaign signs may not be posted on any public right-of-way or public property.

(b)

Campaign signs may not be attached to a tree or utility pole, whether on private property or public.

(c)

No person may post or attempt to post a campaign sign on private property without the express consent of the owner or occupant of the property.

(d)

All campaign signs must be removed within 14 days after the election.

Subd. 6.

Farm signs. One farm sign, not to exceed 32 square feet in area per surface and having no more than two surfaces, is permitted on each farm to advertise the seasonal sales of farm products.

Subd. 7.

Occasional sales. A temporary sign is permitted for each occasional sale, provided the sign does not exceed 16 square feet in area per surface and has no more than two surfaces, and further provided that the sign be removed within three days after the sale.

Subd. 8.

Temporary institutional festival/event. A temporary institutional sign, as defined in subsection 550.03, subdivision 17, is permitted, either on or off-site, to announce festivals and events for institutional organizations. Said signage must be put in place, with property owner permission, no sooner than 14 days before the event is advertised, and must be removed within five business days after the last scheduled date of the event. No more than three events can be advertised during any 12 month period. Said signage is limited to one sign no larger than 32 square feet per side and cannot have more than two surfaces. Temporary institutional signs will not be permitted for festivals and events already advertised on a temporary institutional sign for a temporary seasonal event.

(Added, Ord. No. 2010-03; Amended, Ord. No. 2011-03; Ord. No. 2011-04)

Subd. 9.

Temporary institutional seasonal. A temporary institutional sign, as defined in subsection 550.03, subdivision 17, is permitted, either on or off-site, to advertise a seasonal event for institutional organizations. Said signage must be put in place, with property owner permission, no sooner than 14 days before the seasonal event is advertised, and must be removed within five business days after the last scheduled date of the seasonal event. The maximum length a temporary institutional sign for a seasonal event can be put in place is three months or the length of event, whichever is less. No more than one seasonal event can be advertised by the same institution during any 12 month period. Said signage is limited to one sign no larger than 32 square feet per side and cannot have more than two surfaces.

(Added, Ord. No. 2010-03; Amended, Ord. No. 2011-03; Ord. No. 2011-04)

Subd. 1.

Permits required. The owner or occupant of the premises on which a sign is to be erected, or the owner or installer of the sign, must file application with the city administrator-clerk for a permit to erect the sign. Permits must be acquired for all new, relocated, modified, or redesigned signs except those specifically excepted below. The applicant must submit with the application a complete description of the sign and a scale drawing showing its size, location, manner of construction and such other information as required by the zoning administrator. If a sign authorized by permit has not been installed within three months after the date of issuance of the permit, the permit becomes null and void.

Subd. 2.

Issuance of permits. All residential, business or industrial plats, conditional use permit applications, or development projects of every kind, which require approval by the city council, must be accompanied by a site plan showing the size, type and location of proposed signs. Project approval must include approval of the general location, size and type of proposed signs; provided, however that the specific provisions of this section are controlling. Any major change in location, size, or type of such the proposed signs requires the approval of the city council, provided that the specific provisions of this section are controlling. All other sign permits may be approved and issued by the zoning administrator, provided the signs meet all applicable provisions of this ordinance.

Subd. 3.

Fees. For any sign for which a permit is required, a fee in an amount set by city council resolution must be paid to the city clerk at the time application is made.

(a)

Reimbursement for costs. In addition to the fee described in subsection 550.13, subdivision 3, the applicant must sign an agreement, on forms provided by the city, to pay the cost of all engineering, planning, legal and inspection expenses incurred by the city in processing the application.

Subd. 4.

Exceptions. The exceptions permitted by this section apply only to the requirement of a permit and are not to be construed as excusing the installer of the sign or the owner of the property upon which the sign is located from conforming with the other provisions of this section. No permit is required under this section for the following:

(a)

Signs having an area of four square feet or less.

(b)

Signs erected by a governmental unit, public school or church.

(c)

Campaign signs listed in subsection 550.11, subdivision 5.

(d)

Memorial signs or tablets 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, marble or similar material.

Subd. 5.

Variances. The planning commission may recommend and the city council may grant variances from the literal provisions of this section in instances where the applicant for a variance has demonstrated that all of the following standards have been met:

(a)

Because of the physical surroundings, shape, topography or condition of the land involved, a hardship to the applicant would result if the strict letter of the section were carried out;

(b)

The conditions upon which the variance is based are unique to the applicant's land and not generally applicable to other property within the same zoning classification;

(c)

The hardship arises from the requirements of this section and has not been created by persons presently or formerly having any interest in the property;

(d)

A granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the land is located.

Subd. 6.

Conditions and restrictions. Upon the granting of a variance the city council may impose conditions and restrictions with the spirit and intent of this section.

Subd. 1.

Continuation; limit on rebuilding or alteration. Nonconforming signs that were lawfully existing at the time of adoption of this section or amendment to this section may continue in use, but may not be altered other than to change the message, or relocated without being brought into compliance with the requirements of this section. A nonconforming sign that is damaged by fire or other peril to the extent of greater than 50 percent of its market value, as determined by the city building inspector or licensed appraiser retained by the city, may not be rebuilt or repaired except in compliance with this section. After a nonconforming sign has been removed, it may not be replaced by another nonconforming sign.

Subd. 2.

Discontinued use of nonconforming signs. Whenever use of a nonconforming sign has been discontinued for a period of one year, the use may not thereafter be resumed unless in conformance with the provisions of this section.

Subd. 3.

Dilapidated signs. A nonconforming sign or sign structure must be removed within ten days after notice in writing to the owner that the sign or sign structure is unsound, damaged, in disrepair or hazardous. Failure of notification on the part of the city does not place any liability on the part of the city nor absolve or mitigate any liability on the part of the owner of the sign or sign structure.

Subd. 1.

Administrative permits may be issued for the following purposes and subject to the following provisions:

Subd. 2.

Purposes. Administrative permits may be issued for temporary signs.

Subd. 3.

Duration and number. Administrative permits are valid for a reasonable period not to exceed 120 hours and no more than three administrative permits may be issued for a premise during any period of 12 consecutive months.

Subd. 4.

Limitation. Signs approved by administrative permit must conform to the requirements of this section except that the sign area is in addition to all other legal sign area on the premise.

If any section, clause, provision or portion thereof of this section is found to be invalid or unconstitutional by any court of competent jurisdiction, the decision will not affect any other section, clause, provision or portion thereof.

When any condition imposed by any provision of this section is in conflict with or more restrictive than similar conditions imposed by provisions of other city ordinances, or Minnesota state statutes, the provision of this section controls to the extent allowable by law.

It is unlawful for any person, firm or corporation to erect, alter, repair, remove, equip, maintain, or permit any sign or sign structure or cause or permit the same to be done in violation of any of the provisions of this section. Whoever does any act or omits to do any act that constitutes a breach of any provision of this section is guilty of a misdemeanor.